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HomeMy WebLinkAboutC-1954 - Adjusting service - general liability insurance - self insurance program administrationCITY OF NEWPORT BEACH CALIFORNIA City Han 3300 W. Newport Blvd Area Code 714 LATE Job 14, 1978 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. c -19 S4 nnwedment Description of Contract awl P- twwurwnew Prnarww A/lwinlwtratlrm Authorized by Resolution No. 0AAQ adopted on _uly 11- 1079 Effective date of Contract V14t 11. Viola Contract with 0 1._ r.r.rr s rpWNy Address 17870 Sky lark Circle, Irvine Ch 92714 Mn, Amount of Contract Sao Contract A-t-� Le=n24 it— City Clerc IQ CITY Bill Brova, Safety b Insurance Admi &trator July 14 78 Re: Self- Insurance Administration Services R. L. Kautz S Company Amendment to Contract No. 1954 Attached is a copy of the above contract for transmittal to R. L. Kautz 6 Company together with a certified copy ofthe resolution authorizing it. Also attached is a copy of the contract amendment for your files, to resolution and the memo to the City Council from the City Attorney. DORIS GEORGE City Clerk cc:City Attorney swk enc. J r • AMENDMENT TO AGREEMENT CITY OF NEWPORT BEACH - R. L. KAUTZ & CO. SELF - INSURANCE ADMINISTRATION SERVICES This Amendment to Agreement is made and entered into this AZZ day of , 1978, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and R. L. KAUTZ & CO., hereinafter referred to as "Contractor," for certain self- insurance administration services. W I T N E S S E T H: WHEREAS, City and Contractor have entered into an Agreement, dated July 25, 1977, for the administration of the City's self- insurance program; and WHEREAS, City and Contractor wish to amend said Agreement to increase the consideration City pays to Contractor for said servcies. NOW, THEREFORE, in consideration of the mutual obligations herein, the parties hereto agree to amend Paragraph 6, Page 4, of the Self- Insurance Administration Services Agreement, dated July 25, 1977, as follows: "6. Consideration. City agrees to pay Contractor the sum of Ten Thousand Dollars ($10,000.00), payable quarterly in equal installments, to provide all services set forth herein except Allocated Expenses and Additional Investigative Expenses set forth in 2B of Agreement." -1- z IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to be executed the day and year first above written. ATTEST: '�" L"' City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation �WAP I/ F R. L. KAUTZ & CO. BC L SENIOR VICE. - PRESIDENT -2- DDO:cr 6/28/78 RESOLUTION NO. 94 00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO AGREE- MENT BETWEEN THE CITY OF NEWPORT BEACH AND R. L. KAUTZ & CO. IN CONNECTION WITH SELF - INSURANCE ADMINISTRATION SERVICES WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Amendment to Agreement between the City of Newport Beach and R. L. KAUTZ & CO., increasing the consideration the City pays to R. L, KAUTZ & CO. for the administration of the City's self- insurance program; and WHEREAS, the City Council has reviewed the terms and conditions of said Amendment to Agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said Amendment to Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Amendment to Agreement above described is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 11th day of July , 1978. Mayor ATTEST: City Clerk DDO:cr 6/29/78 0 TO:, FINANCE DIRECTOR FROM: City .Cleric SUBJECT: Contract No. 1954 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 pqT; September 7, 1977 Description of Contract Adlustina Service s /General Liability Insurance Authorized by Resolution No. 9156 , adopted on July 25, 1977 Effective date of Contract June 25, 1977 Contract with R. L. Kautz b Co. Address 1800 Avauus of the Stars Los Anneles. CA 90067 Amount of Contract See Contract City Clerk IT A G R E E M E N T CITY OF NEWPORT BEACH - R. L. KAUTZ & CO. SELF - INSURANCE ADMINISTRATION SERVICES This Agreement is made and entered into this i day off, 1977, by and between the CITY OF NEWPORT i BEACH, a municipal corporation, hereinafter referred to as "City" and R. L. KAUTZ & CO., hereinafter referred to as "Contractor ", for certain services as outlined herein in connection with the duties and responsibilities of administering a program of Liability Self- Insurance. W I T N E S S E T H: WHEREAS, City has undertaken to self- insure; and WHEREAS, Contractor is engaged in the supervision and administration of programs of self- insurance. NOW, THEREFORE, for and in consideration of the mutual obligations hereby assumed, and the performance of the acts hereinafter set forth, the parties hereto agree as follows: 1. General. Contractor agrees to supervise and administer the Liability Self- Insurance program for City and shall act as their representative in connection with the investigation, adjustment, processing, supervision and resolution of general liability and automobile liability claims and potential claims for money damages asserted by third parties against City which are premised upon allegations of negligent or careless acts or omissions, or conduct for which City is alleged to be legally responsible, and agrees further to provide to City during the term of this Agreement all the services more particularly set forth hereinafter. In the performance of the services provided for herein, Contractor shall use its best efforts without any guarantee as to the ultimate outcome of any claim adjusted, investigated, processed, supervised or resolved by Contractor. 2. Investigative Services. (A) Contractor agrees to provide investigative services as follows: (1) Receipt and examination of all reports of accidents, incident, claims or cases which are or may be the subject of such liability claims. (2) The initial investigation of such accidents, incidents, claims or cases, where nature of the claim warrants such investigation, or when requested by City; such investigation to include contact with claimant, on -site investigation, photographs (non - commercial), interview employees of City, as hereinafter set forth, and other such initial investigative services necessary to determine liability and damages, but not to include extraordinary professional services as set forth in subsection "B ". City shall make available to Contractor, at the office of Contractor, all employees of City who are witnesses to an incident or accident or who have knowledge of the event or incident which is the subject matter of the claim. The statements of such individuals shall be taken at the office of Contractor without additional charge. City shall provide Contractor with photographs and engineering drawings or other descriptive material of all conditions of City property which are alleged to be dangerous or that were damaged in the events which produce the claim under investigation. The investigative facilities of Contractor shall be limited in scope and directed at determining the probable liability or lack thereof by City. All additional investiga- tions that may be required shall be construed as extra- ordinary professional services as set forth in subsection "B" herein. (B) Allocated Expenses and Additional Investigative Expenses. City agrees to pay for the cost of extraordinary investigative services where expert and professional -2- i • 0 assistance is required, such as professional photography, independent medical examinations, laboratory services, taking statements from witnesses away from the premises of Contractor, copying medical and other records, trial preparation and professional engineering services, includ- ing but not limited to map preparation, accident reconstruction, material analysis and evaluating premises. 3. Adjustment Services. Contractor agrees to provide complete adjustment services on each accident or incident which is or may be the subject of a liability claim. Such services shall include: (A) The maintenance of a claim file on each potential or actual claim reported to Contractor. (B) Whenever its investigation results in a determination that City has sustained a liability to a third party, Contractor shall process any such claim or potential claim for settlement in accordance with instructions and policies of City for settlement of such claims. (C) Notification of City's primary and excess carriers of all claims which exceed City's retention and maintenance of liaison between the insurance carriers and the City on matters affecting the adjustment of such claims and notify City when City is entitled to reimbursements for loss in excess of retention. (D) Rejection of claims when appropriate, pursuant to relevant provisions of Title 1, Division 3.6, Part 3, Chapter 2, of the Government Code of the State of California. (E) Obtain all Release Agreements on settlement of any claim or potential claim. 4. Administrative Services. Contractor agrees to provide the following administrative services: (A) Preparation and submission of an Operating Manual -3- of Procedure for reporting claims to Contractor and the proper procedures for completing accident forms. (B). Provide City during the term of this Agreement with tabulated Monthly Status Report on all reported claims during the term of this Agreement, indicating the status of each reported open claim assigned to Contractor, the details of each claim, the outstanding reserves for each claim and details of all claims payments during the month. The Status Report shall be delivered to City within twenty (20) days of the close of each calendar month. (C) Periodic review and adjustment of reserves on all open claims. 5. Period of Agreement. This Agreement is for a period of twelve (12) months commencing at 12:01 A.M., June 25, 1977, and ending Midnight, June_25, 1978. Thereafter, it is the intention of the parties to continue this Agreement in full force and effect, subject to annual renegotiation of Item 6 hereunder ( "Consideration "), unless and until this Agreement is terminated by either party as hereinafter provided. 6. Consideration. City agrees to pay to Contractor the sum of Eight Thousand Dollars ($8,000.00) payable quarterly in equal installments, to provide all services set forth herein except Allocated Expenses and Additional Investigative Expenses set forth in 2B herein. 7. Cancellation of Agreement. This Agreement may be terminated by either party giving to the other, in writing, notice of his intention to cancel this Agreement at least sixty (60) days prior to the date of termination. 8. Disposition of Files on Termination of Agreement. (A) All files on each claim shall be the property of the City. (B) In the event of termination or cancellation of -4- this Agreement by City, the total consideration to be paid by City to Contractor as set forth in Section 6 herein shall be due and payable. (D) In the event of cancellation of this Agreement by Contractor, the consideration to be paid pursuant to 6 shall terminate effective with the termination of the Agreement and the City shall not be liable for further payment. 9. Hold Harmless. City agrees to defend any legal action commenced against Contractor caused directly or indirectly by wrongful or negligent acts of City's officers, employees, agents or others engaged by City; and indemnify Contractor against any liability, loss, cost or damage, including attorney's fees resulting therefrom. Contractor agrees to defend any legal action commenced against City caused directly or indirectly by wrongful or negligent acts of Contractor's officers, employees, agents or others engaged by Contractor; and indemnify City against any liability, loss, cost, or damage, including attorney's fees, resulting therefrom. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. ATTEST: i y Clerk CITY OF NEWPORT BEACH, A Municipal Corporation R. L. KAUTZ & CO. B '] V Senior Vice- President -5- L 2 I1? J7 By ff;3 C1 I,( �vJ;VCl� CITY of wrwp -; Qwr per¢; RESOLUTION NO. 9 15 6 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO R. L. KAUTZ AND COMPANY TO PROVIDE ADJUSTING SERVICES UNDER THE CITY'S GENERAL LIABILITY INSURANCE POLICY WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain contract between the City of Newport Beach and R. L. Kautz and Company in connection with providing adjusting services under the City's general liability insurance policy; and WHEREAS, the City Council has reviewed the terms and conditions of said contract and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said contract; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 25th day of July , 1977. Mayor ATTEST: City Clerk DDO /bc 7/20/77