HomeMy WebLinkAboutC-2097 - Adjusting Services Under City's General Liability Insurance PolicyAMENDMENT TO AGREEMENT FOR PROFESSIQNAL SERVICES
FOR SELF - INSURANCE ADMINISTRATION
RIVIERA ADJUSTERS
THIS AGREEMENT, dated the '7— day of_ JO-f— - , 19 y ) for
purposes of identification, between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City ") , and RIVIERA ADJUSTERS, ( "Adjuster ") is made with
reference to the following:
A. City and Adjuster entered into an agreement for
professional services dated June 29, 1994, and, through prior amendments,
have extended the term of this agreement to December 31, 1996.
B. The parties wish to, through a fourth amendment extend the
term of the agreement to March 31, 1997.
NOW, THEREFORE, the parties agree as follows:
1. The provisions of Paragraph 4 of the agreement dated June
29, 1994, shall be amended to read as follows:
The term of this Agreement shall commence on January 1,
1997, and expire on March 31, 1997.
2. All other terms and conditions of the agreement dated June
29, 1994, shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to
be executed the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Ke J. Mu phy
City Manager
,:
9
AMENDMENT TO AGREEMENT FORSROFESSIONAS SERVICES
FOR SELF- INSURANCE ADMINISTRATION
RIVIERA ADJUSTERS
i
THTS ArRFF.MF.NT. dated the 3 day of of h 6&v . 19q(9 for
purposes of identification, between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and RIVIERA ADJUSTERS, ( "Adjuster ") is made with
reference to the following:
A. City and Adjuster entered into an agreement for
professional services dated June 29, 1994, and, through prior amendments,
have extended the term of this agreement to September 30, 1996.
B. The parties wish to, through a third amendment extend the
term of the agreement to December 31, 1996.
NOW, THEREFORE, the parties agree as follows:
1. The provisions of Paragraph 4 of the agreement dated June
29, 199.4, shall be amended to read as follows:
The term of this Agreement shall commence on October 1,
1996, and expire on December 31, 1996.
2. All other terms and conditions of the agreement dated June
29, 1994, shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to
be executed the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Ke J . 2 ur y
City Manager
ATTEST:
CITY CLERK
APPROVED AZO FORM:
CITY
e r�
RIVIERA ADJUSTERS
By:
i7ijmrd Eff� z
THIS AGREEMENT, dated the day of ILL , 19 (y!7 for
purposes of identification, between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and RIVIERA ADJUSTERS, INC., ( "Adjuster ") is made
with reference to the following:
A. City and Adjuster entered into an agreement for
professional services dated June 29, 1994, and, through prior amendments,
have extended the term of this agreement to June 30, 1996.
B. The parties which to, through a second amendment extend the
term of the agreement to September 30, 1996.
NOW, THEREFORE, the parties agree as follows:
1. The provisions of Paragraph 4 of the agreement dated June
29, 1994, shall be amended to read as follows:
The term of this Agreement shall commence on July 1, 1996,
and expire on September 30, 1996.
2. All other terms and conditions of the agreement dated June
29, 1994, shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to
be executed the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Kevin V Murphy/ 4
City Manager
9
ATTEST:
0
RIVIERA ADJUSTER, INC.
By: �;2� '?
Ri hard Ef tz
�-1
AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
FOR SELF - INSURANCE ADMINISTRATION
RIVIERA ADJUSTERS
THIS AGREEMENT, dated the 1st day of October, for
purposes of identification, between the CITY OF NEWPORT BEACH, a
Municipal Corporation ( "City "), and RIVIERA ADJUSTERS, INC.,
( "Adjuster ") is made with reference to the following:
A. City and Adjuster entered into an agreement for
professional services dated June 29, 1994, and, through a prior
amendment, have extended the term of this agreement to October 1,
1995;
B. The parties which to, through a second amendment
extend the term of the agreement to June 30, 1996.
NOW, THEREFORE, the parties agree as follows:
1. The provisions of Paragraph 4 of the agreement dated
June 29, 1994, shall be amended to read as follows:
The term of this Agreement shall commence on July 1,
1994, and expire on June 30, 1996.
2. All other terms and conditions of the agreement
dated June 29, 1994, shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this
Agreement to be executed the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Kevin J. Murph
City Manager
-1-
0
ATTEST:
CITY CLERK
0
RIVIERA ADJUSTER, INC.
de /ag /amendriv.agt
Irm
0
9
ADDENDUM TO THE AGREEMENT FOR PROFESSIONAL
SERVICES BETWEEN THE CITY OF NEWPORT BEACH
AND RIVIERA ADJUSTERS
All provisions of the existing agreement between the City of
Newport Beach and Riviera Adjusters will remain in effect for 90
days beginning on July 1, 1995.
Mrt H. Burnham
ty Attorney
Riviera Adjuster, Inc.
Richard Ef ert
0 0
AGREEMENT FOR PROFESSIONAL SERVICES
FOR SELF - INSURANCE ADMINISTRATION
RIVIERA ADJUSTERS
THIS AGREEMENT, made and entered into this c day of
19 *1 by and between the CITY OF NEWPORT BEACH, a
unicipal Corporation and Charter City ( "City "), and RIVIERA
ADJUSTERS, INC., ( "Adjuster ") is made with reference to the
following facts:
A. City is self- insured with respect to claims or
lawsuits that would otherwise be covered by general liability
insurance.
B. City and Adjuster have an existing contractual
relationship which terminates on June 30, 1995.
C. It is the desire of both parties to enter into an
Agreement continuing this relationship and making provision for
claims previously filed which are presently handled by Adjuster, as
well as new claims filed during the term of this Agreement; and
D. Adjuster is licensed by the State of California, and
otherwise qualified, to assist City in the investigation,
administration and negotiation of claims and lawsuits alleging the
City is legally responsible for bodily injury or property damage.
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
1. SCOPE OF SERVICES.
Adjuster shall, as directed by the City Attorney and Risk
Manager, investigate, administer, process, and negotiate claims or
lawsuits based upon allegations of acts, omissions, or conditions
-1-
0
0
for which City is alleged to be legally responsible and which would
be covered by the standard comprehensive general liability
insurance policy.
2. SPECIFIC SERVICES.
Adjuster shall perform the following specific services:
A. Administration.
(i) Create a file for each claim for administrative
purposes immediately upon receiving a copy of the claim from the
City Clerk;
(ii) Maintain files on all claims filed before or
during the effective date of this Agreement; and
(iii) Establish and maintain an estimated reserve and
report same to City on all claims.
B. Investigation.
Process and investigate all claims. Investigation shall
include, but not be limited to, the following:
(i) An on -site investigation of the incident;
(ii) The taking of photographs pertinent to the
incident;
(iii) Interviewing witnesses and others with
knowledge of the incident; and
(iv) Such other investigation as is necessary to
determine liability and /or damages.
C. Administrative Services.
(i) Provide customary clerical services and routine
correspondence, together with information on all claims indicating
the status of each reported open claim assigned to Adjuster, the
-2-
• 0
details of each claim, the outstanding reserves for each claim and
the details of all claim - related payments made during the month.
The claims information shall be forwarded to the City of Newport
Beach immediately upon any change in the status of any claim coming
within the purview of the Claims Management System; and
(ii) Complete and forward claims indexing and loss
experience, as indicated on the data input forms provided by the
City, for each claim as that experience occurs. (For the purposes
of maintaining the City's Public Liability Claim Loss Analysis
System.)
D. Adjusting.
Contact claimants, obtain information from claimants
regarding claims and enter into such settlement negotiations as are
authorized by City.
E. Assignment of Counsel.
At such time as litigation is commenced with respect to
any claim, Adjuster shall assign counsel to defend the City and /or
its officers, employees and representatives, advise counsel of the
facts of the case and forward to counsel all material in Adjuster's
file pertinent to such litigation.
F. Litigation Assistance.
Assist appointed counsel, to the extent requested by the
City Attorney or Risk Manager, and maintain current files on all
litigation.
G. Subrogation.
Upon request by the Risk Manager or City Attorney, take
necessary steps to perfect any subrogation rights other than those
that may arise within the context of the Workers Compensation laws
-3-
0 0
of the State of California.
3. DUTIES OF CITY.
In addition to the compensation specified in Paragraph 5, City
shall do the following upon Adjuster's request:
A. Make available to Adjuster, at City offices, all
employees of the City who are witnesses to an accident or incident
or who have knowledge of the event or incident which is the subject
matter of a claim.
B. Provide Adjuster with such photographs as are available
to the City, as well as engineering drawings and /or other
descriptive material of all conditions involving City property
which are alleged to be dangerous or that were damaged in the
events which produced the claim under investigation.
C. Attend hearings or trials and assist in effecting
settlement, securing and giving evidence, obtaining the attendance
of witnesses otherwise and in the conduct of litigation.
D. Provide as much information as is available to City with
respect to any claim.
4. 'PERM OF AGREEMENT.
The term of this Agreement is for a period of twelve (12)
months, commencing at 12:01 a.m. on July 1, 1994 and ending 12:00
Midnight on June 30, 1995. It is the intent of the parties that
this Agreement continue in full force and effect after the
expiration of the initial term, subject to annual renegotiation of
the terms of compensation, unless this Agreement is terminated by
either party as provided in Section 6.
aC
5.
0
0
A. Except for those services described in Subsection B., the
City shall pay Adjuster Fifty -seven Thousand Five Hundred and Ten
Dollars ($57,510.00), payable in equal quarterly installments
beginning July 1, 1994.
B. In addition to the compensation specified in Subsection
A, Adjuster shall be paid Forty Dollars ($40.00) per hour, paid
Forty -Two Cents ($.42) per mile for travel as reimbursement for
automobile expenses, and reimbursed for all costs reasonably and
necessarily incurred in performing the following services:
(i) Claims which are, or become, more than nine (9)
months old based upon date of occurrence, provided no additional
compensation shall be paid for setting reserves and assigning
outside counsel;
(ii) Appearance in court, before administrative
bodies, and attendance at voluntary or mandatory settlement
conferences;
(iii) Performance of any pre - claims investigative
services when requested by the City Attorney or Risk Manager;
(iv) Investigation of claims or incidents that are
outside the scope of general liability insurance, such as inverse
condemnation, when requested to do so by the City Attorney or Risk
Manager.
(v) The investigation of claims when conducted
outside the boundaries of Orange County, subject to approval by the
City Attorney or Risk Manager.
-5-
0
C. City shall pay all court costs, fees and expenses; fees
for service of process; fees for attorneys; cost of undercover
operative services; costs of employing experts for the preparation
of maps, photographs, diagrams, chemical or physical analysis; the
cost of expert advice, opinion and testimony concerning claims
under investigation or in litigation; the cost of transcripts taken
at coroner's inquests, criminal or civil proceedings; the cost of
copies of any public records; the cost of deposition and court
reporter's fees; and other similar costs or fees related to
litigation reasonably chargeable to the investigation, negotiation,
settlement or defense of a claim or for the protection of a
subrogation right of the City.
6. RECORDS.
A. All files and records maintained by Adjuster pursuant to
this Agreement are the property of the City.
B. In the event of termination of this Agreement by either
party, Adjuster shall, within ten (10) days from the date of
termination, deliver to City all records and files maintained
pursuant to this Agreement.
7. HOLD HARMLESS.
A. Adjuster agrees to defend and indemnify City and its
officers, employees or representatives with respect to any claim or
lawsuit arising out of the negligent, fraudulent or wilful acts or
omissions of Adjuster and /or its officers, employees, or
representatives pursuant to this Agreement.
B. City agrees to defend and indemnify Adjuster or its
Q=
0 0
employees, officers or representatives with respect to any claim or
lawsuit arising out of the negligent, fraudulent, or wilful acts or
omissions of City or its officers, employees, or representatives
pursuant to this Agreement.
8. INSURANCE.
A. Adjuster shall maintain errors and omissions insurance,
which includes coverage for professional malpractice, in the amount
of $1,000,000. The policy shall provide for coverage of all claims
occurring during the term of this policy notwithstanding the fact
that the claim may be asserted subsequent to the expiration of the
policy or this Agreement.
B. This insurance shall be maintained in full force and
effect at all times during the term of this Agreement. The
policies of insurance shall be secured from an insurance company
assigned Policyholders' Rating A (or higher) and Financial Size
Category VII (or larger) by an industry -wide standard and the
company shall be licensed to do business in the State of
California. Each policy of insurance shall name the City of
Newport Beach as an additional insured and the policy shall contain
a provision that requires thirty (30) days' written notice to City
of any proposed cancellation, material alteration, or non - renewal
of the policy.
C. Adjuster shall, upon request, furnish City with evidence
that all required insurance is in full force and effect. In the
event Adjuster fails to secure or maintain the required insurance,
-7-
0 0
City may obtain the required insurance in Adjuster's name and shall
be compensated for all costs incurred, together with interest, at
the maximum rate permitted by law from the date on which premiums
are paid to the date on which City is reimbursed by Adjuster.
9. INDEPENDENT CONTRACTOR.
The Parties agree that Adjuster, in performing the services
specified in this Agreement, is acting as an independent
contractor. Adjuster has the sole and exclusive right to determine
the method and means of performing the services required by this
Agreement. Adjuster may, at its own expense, employ assistants or
agents as necessary to perform the services required by this
Agreement and City may not control, direct or supervise those
assistants or employees in the performance of those services.
10. DEFAULT.
Should either Party default in the performance of this
Agreement, or materially breach any of its provisions, the non -
breaching party may terminate this Agreement. For the purposes of
this Section, a material breach of this Agreement by Adjuster shall
include, but not necessarily be limited to, a failure to perform
any of the services required by Sections 1 and 2, a failure to
defend and indemnify the City pursuant to Section 7, and /or a
failure to provide the insurance required by Section 8. For the
purposes of this Section, a material breach of this Agreement by
City shall include, but not necessarily be limited to failure to
comply with its duties as provided in Section 3, or the failure to
compensate Adjuster as provided in Section 5.
• •
11. TERMINATION OF AGREEMENT.
A. In the event of a material breach of this Agreement, the
non - breaching party shall have the right to terminate this
Agreement by giving the other party ten (10) days written notice
and, in the event of such termination, the non - breaching party
shall have all rights and remedies given by law;
B. Either party shall have the right to terminate this
Agreement, without cause, by giving the other sixty (60) days
written notice of their intention to terminate. The notice of
intention shall specify the effective date of termination.
12. ASSIGNMENT.
The City is contracting with Adjuster because of its unique
ability, specialized knowledge, the quality of their work and
integrity. In light of the factors which prompted City to contract
with Adjuster, this Agreement may not be assigned by Adjuster
without the express written consent of City.
13. NOTICE.
Any notice required to be given pursuant to this Agreement
shall be in writing. Notice may be given by personal delivery or
by mail. Notice shall be deemed given when personally delivered or
deposited in the United States mail, first class postage prepaid
and addressed as follows:
TO THE CITY: City Manager
City of Newport Beach
P. 0. Box 1768
Newport Beach, CA 92659 -1768
am
• 0
TO THE ADJUSTER: Richard Effertz
Riviera Adjusters, Inc.
P. O. Box 1827
Costa Mesa, CA 92628 -1827
14. ENTIRE AGREEMENT.
This Agreement supersedes any and all agreements, oral or
written, between the Parties with respect to the services to be
performed by Adjuster. Each Party acknowledges that no
representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on their
behalf, which are not embodied in this Contract. Any modification
to this agreement shall be effective only if it is in writing and
signed by the Party to be charged.
IN WITNESS WHEREOF, the Parties hereto have caused this
Agreement to be executed the day and year first written above.
ATTEST:
AS TO FORM:.
gr /a9r /riviera.egt
CITY OF NEWPORT BEACH
A Municipal Corporation
By:KeVin0J. Mur y
City Manager
RIVIERA ADJUSTER, INC.
By:
R' hard Effkrtz
-10-
AGREEMENT FOR PROFESSIONAL SERVICES
FOR SELF - INSURANCE ADMINISTRATION
THIS AGREEMENT, made and entered into this 7 day of
1993 , by and between the CITY OF NEWPORT BEACH, a
Municipal Corporation and Charter City ( "City "), and RIVIERA
ADJUSTERS, INC., ( "Adjuster ") is made with reference to the
following facts:
A. City is self- insured with respect to claims or
lawsuits that would otherwise be covered by general liability
insurance.
B. City and Adjuster have an existing contractual
relationship which terminates on June 30, 1993.
C. It is the desire of both parties to enter into an
Agreement continuing this relationship and making provision for
claims previously filed which are presently handled by Adjuster, as
well as new claims filed during the term of this Agreement; and
D. Adjuster is licensed by the State of California, and
otherwise qualified, to assist City in the investigation,
administration and negotiation of claims and lawsuits alleging the
City is legally responsible for bodily injury or property damage.
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
1. SCOPE OF SERVICES.
Adjuster shall, as directed by the City Attorney and Risk
Manager, investigate, administer, process, and negotiate claims or
lawsuits based upon allegations of acts, omissions, or conditions
-1-
for which City is alleged to be legally responsible and which would
be covered by the standard comprehensive general liability
insurance policy.
2. SPECIFIC SERVICES.
Adjuster shall perform the following specific services:
A. Administration.
(i) Create a file for each claim for administrative
purposes immediately upon receiving a copy of the claim from the
City Clerk;
(ii) Maintain files on all claims filed before or
during the effective date of this Agreement; and
(iii) Establish and maintain an estimated reserve and
report same to City on all claims.
B. Investigation.
Process and investigate all claims. Investigation shall
include, but not be limited to, the following:
incident;
(i) An on -site investigation of the incident;
The taking of photographs pertinent to the
Interviewing witnesses and others with
knowledge of the incident; and
(iv) Such other investigation as is necessary to
determine liability and /or damages.
C. Administrative Services.
(i) Provide customary clerical services and routine
correspondence, together with information on all claims indicating
the status of each reported open claim assigned to Adjuster, the
-2-
0 •
details of each claim, the outstanding reserves for each claim and
the details of all claim - related payments made during the month.
The claims information shall be forwarded to the City of Newport
Beach immediately upon any change in the status of any claim coming
within the purview of the Claims Management System; and
(ii) Complete and forward claims indexing and loss
experience, as indicated on the data input forms provided by the
City, for each claim as that experience occurs. (For the purposes
of maintaining the City's Public Liability Claim Loss Analysis
System.)
D. Adiusting.
Contact claimants, obtain information from claimants
regarding claims and enter into such settlement negotiations as are
authorized by City.
E. Assignment of Counsel.
At such time as litigation is commenced with respect to
any claim, Adjuster shall assign counsel to defend the City and /or
its officers, employees and representatives, advise counsel of the
facts of the case and forward to counsel all material in Adjuster's
file pertinent to such litigation.
F. Litigation Assistance.
Assist appointed counsel, to the extent requested by the
City Attorney or Risk Manager, and maintain current files on all
litigation.
G. Subrogation.
Upon request by the Risk Manager or City Attorney, take
necessary steps to perfect any subrogation rights other than those
that may arise within the context of the Workers Compensation laws
-3-
0 0
of the State of California.
In addition to the compensation specified in Paragraph 5, City
shall do the following upon Adjuster's request:
A. Make available to Adjuster, at City offices, all
employees of the City who are witnesses to an accident or incident
or who have knowledge of the event or incident which is the subject
matter of a claim.
B. Provide Adjuster with such photographs as are available
to the City, as well as engineering drawings and /or other
descriptive material of all conditions involving City property
which are alleged to be dangerous or that were damaged in the
events which produced the claim under investigation.
C. Attend hearings or trials and assist in effecting
settlement, securing and giving evidence, obtaining the attendance
of witnesses otherwise and in the conduct of litigation.
D. Provide as much information as is available to City with
respect to any claim.
4. TERM OF AGREEMENT.
The term of this Agreement is for a period of twelve (12)
months, commencing at 12:01 a.m. on July 1, 1993 and ending 12:00
Midnight on June 30, 1994. It is the intent of the parties that
this Agreement continue in full force and effect after the
expiration of the initial term, subject to annual renegotiation of
the terms of compensation, unless this Agreement is terminated by
either party as provided in Section 6.
-4-
9 0
5. COMPENSATION.
A. Except for those services described in Subsection B., the
City shall pay Adjuster Fifty -four Thousand Eight Hundred and Fifty
Dollars ($54,850.00), payable in equal quarterly installments
beginning July 1, 1993.
B. In addition to the compensation specified in Subsection
A, Adjuster shall be paid Forty Dollars ($40.00) per hour, paid
Forty -Two Cents ($.42) per mile for travel as reimbursement for
automobile expenses, and reimbursed for all costs reasonably and
necessarily incurred in performing the following services:
(i) Claims which are, or become, more than nine (9)
months old based upon date of occurrence, provided no additional
compensation shall be paid for setting reserves and assigning
outside counsel;
(ii) Appearance in court, before administrative
bodies, and attendance at voluntary or mandatory settlement
conferences;
Performance of any pre - claims investigative
services when requested by the City Attorney or Risk Manager;
(iv) Investigation of claims or incidents that are
outside the scope of general liability insurance, such as inverse
condemnation, when requested to do so by the City Attorney or Risk
Manager.
(v) The investigation of claims when conducted
outside the boundaries of Orange County, subject to approval by the
City Attorney or Risk Manager.
-5-
0
0
C. City shall pay all court costs, fees and expenses; fees
for service of process; fees for attorneys; cost of undercover
operative services; costs of employing experts for the preparation
of maps, photographs, diagrams, chemical or physical analysis; the
cost of expert advice, opinion and testimony concerning claims
under investigation or in litigation; the cost of transcripts taken
at coroner's inquests, criminal or civil proceedings; the cost of
copies of any public records; the cost of deposition and court
reporter's fees; and other similar costs or fees related to
litigation reasonably chargeable to the investigation, negotiation,
settlement or defense of a claim or for the protection of a
subrogation right of the City.
6. RECORDS.
A. All files and records maintained by Adjuster pursuant to
this Agreement are the property of the City.
B. In the event of termination of this Agreement by either
party, Adjuster shall, within ten (10) days from the date of
termination, deliver to City all records and files maintained
pursuant to this Agreement.
7. HOLD HARMLESS.
A. Adjuster agrees to defend and indemnify City and its
officers, employees or representatives with respect to any claim or
lawsuit arising out of the negligent, fraudulent or wilful acts or
omissions of Adjuster and /or its officers, employees, or
representatives pursuant to this Agreement.
B. City agrees to defend and indemnify Adjuster or its
9 0
employees, officers or representatives with respect to any claim or
lawsuit arising out of the negligent, fraudulent, or wilful acts or
omissions of City or its officers, employees, or representatives
pursuant to this Agreement.
8. INSURANCE.
A. Adjuster shall maintain errors and omissions insurance,
which includes coverage for professional malpractice, in the amount
of $1,000,000. The policy shall provide for coverage of all claims
occurring during the term of this policy notwithstanding the fact
that the claim may be asserted subsequent to the expiration of the
policy or this Agreement.
B. This insurance shall be maintained in full force and
effect at all times during the term of this Agreement. The
policies of insurance shall be secured from an insurance company
assigned Policyholders' Rating A (or higher) and Financial size
Category VII (or larger) by an industry -wide standard and the
company shall be licensed to do business in the State of
California. Each policy of insurance shall name the City of
Newport Beach as an additional insured and the policy shall contain
a provision that requires thirty (30) days' written notice to City
of any proposed cancellation, material alteration, or non - renewal
of the policy.
C. Adjuster shall, upon request, furnish City with evidence
that all required insurance is in full force and effect. In the
event Adjuster fails to secure or maintain the required insurance,
-7-
City may obtain the required insurance in Adjuster's name and shall
be compensated for all costs incurred, together with interest, at
the maximum rate permitted by law from the date on which premiums
are paid to the date on which City is reimbursed by Adjuster.
9. INDEPENDENT CONTRACTOR.
The Parties agree that Adjuster, in performing the services
specified in this Agreement, is acting as an independent
contractor. Adjuster has the sole and exclusive right to determine
the method and means of performing the services required by this
Agreement. Adjuster may, at its own expense, employ assistants or
agents as necessary to perform the services required by this
Agreement and City may not control, direct or supervise those
assistants or employees in the performance of those services.
�@gwxil+t-e
Should either Party default in the performance of this
Agreement, or materially breach any of its provisions, the non -
breaching party may terminate this Agreement. For the purposes of
this Section, a material breach of this Agreement by Adjuster shall
include, but not necessarily be limited to, a failure to perform
any of the services required by Sections 1 and 2, a failure to
defend and indemnify the City pursuant to Section 7, and /or a
failure to provide the insurance required by Section 8. For the
purposes of this Section, a material breach of this Agreement by
City shall include, but not necessarily be limited to failure to
comply with its duties as provided in Section 3, or the failure to
compensate Adjuster as provided in Section 5.
-8-
a •
11. TERMINATION OF AGREEMENT.
A. In the event of a material breach of this Agreement, the
non - breaching party shall have the right to terminate this
Agreement by giving the other party ten (10) days written notice
and, in the event of such termination, the non - breaching party
shall have all rights and remedies given by law;
B. Either party shall have the right to terminate this
Agreement, without cause, by giving the other sixty (60) days
written notice of their intention to terminate. The notice of
intention shall specify the effective date of termination.
12. ,ASSIGNMENT.
The City is contracting with Adjuster because of its unique
ability, specialized knowledge, the quality of their work and
integrity. In light of the factors which prompted City to contract
with Adjuster, this Agreement may not be assigned by Adjuster
without the express written consent of City.
13. NOTICE.
Any notice required to be given pursuant to this Agreement
shall be in writing. Notice may be given by personal delivery or
by mail. Notice shall be deemed given when personally delivered or
deposited in the United States mail, first class postage prepaid
and addressed as follows:
TO THE CITY: City Manager
City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92659 -1768
•
•
TO THE ADJUSTER: Richard Effertz
Riviera Adjusters, Inc.
P. 0. Box 1827
Costa Mesa, CA 92628 -1827
14. ENTIRE AGREEMENT.
This Agreement supersedes any and all agreements, oral or
written, between the Parties with respect to the services to be
performed by Adjuster. Each Party acknowledges that no
representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on their
behalf, which are not embodied in this Contract. Any modification
to this agreement shall be effective only if it is in writing and
signed by the Party to be charged.
IN WITNESS WHEREOF, the Parties hereto have caused this
Agreement to be executed the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
3 :i>
KevihoU. Mutloy
City Manage
ATTEST:
CITY CLERK
AS TO FORM:
gr /agr /riviera.a9t
RIVIERA ADJUSTER,� INC.
By:�s %l� "� /
R14phard Ef r
-10-
AGREEMENT FOR PROFESSIONAL SERVICES
FOR SELF - INSURANCE ADMINISTRATION
RIVIERA ADJUSTERS
THIS AGREEMENT, made and entered into this _L7_�I_day of
r�r
CJUN� , 19L/-,,- by and between the CITY OF NEWPORT BEACH, a
Municipal Corporation and Charter City ( "City "), and RIVIERA
ADJUSTERS, INC., ( "Adjuster ") is made with reference to the
following facts:
A. City is self- insured with respect to claims or
lawsuits that would otherwise be covered by general liability
insurance.
B. City and Adjuster have an existing contractual
relationship which terminates on June 30, 1992.
C. It is the desire of both parties to enter into an
Agreement continuing this relationship and making provision for
claims previously filed which are presently handled by Adjuster, as
well as new claims filed during the term of this Agreement; and
D. Adjuster is licensed by the State of California, and
otherwise qualified, to assist City in the investigation,
administration and negotiation of claims and lawsuits alleging the
City is legally responsible for bodily injury or property damage.
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
1. SCOPE OF SERVICES.
Adjuster shall, as directed by the City Attorney and Risk
Manager, investigate, administer, process, and negotiate claims or
lawsuits based upon allegations of acts, omissions, or conditions
-1-
• i
for which City is alleged to be legally responsible and which would
be covered by the standard comprehensive general liability
insurance policy.
2. SPECIFIC SERVICES.
Adjuster shall perform the following specific services:
A. Administration.
(i) Create a file for each claim for administrative
purposes immediately upon receiving a copy of the claim from the
City Clerk;
(ii) Maintain files on all claims filed before or
during the effective date of this Agreement; and
(iii) Establish and maintain an estimated reserve and
report same to City on all claims.
B. Investigation.
Process and investigate all claims. Investigation shall
include, but not be limited to, the following:
(i) An on -site investigation of the incident;
(ii) The taking of photographs pertinent to the
incident;
(iii) Interviewing witnesses and others with
knowledge of the incident; and
(iv) Such other investigation as is necessary to
determine liability and /or damages.
C. Administrative Services.
(i) Provide customary clerical services and routine
correspondence, together with information on all claims indicating
the status of each reported open claim assigned to Adjuster, the
-2-
0 0
details of each claim, the outstanding reserves for each claim and
the details of all claim - related payments made during the month.
The claims information shall be forwarded to the City of Newport
Beach immediately upon any change in the status of any claim coming
within the purview of the Claims Management System; and
(ii) Complete and forward claims indexing and loss
experience, as indicated on the data input forms provided by the
City, for each claim as that experience occurs. (For the purposes
of maintaining the City's Public Liability Claim Loss Analysis
System.)
D. Adiusting.
Contact claimants, obtain information from claimants
regarding claims and enter into such settlement negotiations as are
authorized by City.
E. Assignment of Counsel.
At such time as litigation is commenced with respect to
any claim, Adjuster shall assign counsel to defend the City and /or
its officers, employees and representatives, advise counsel of the
facts of the case and forward to counsel all material in Adjuster's
file pertinent to such litigation.
F. Litigation Assistance.
Assist appointed counsel, to the extent requested by the
City Attorney or Risk Manager, and maintain current files on all
litigation.
G. Subrogation.
Upon request by the Risk Manager or City Attorney, take
necessary steps to perfect any subrogation rights other than those
that may arise within the context of the Workers Compensation laws
-3-
0
of the State of California.
3. DUTIES OF CITY.
In addition to the compensation specified in Paragraph 5, City
shall do the following upon Adjuster's request:
A. Make available to Adjuster, at City offices, all
employees of the City who are witnesses to an accident or incident
or who have knowledge of the event or incident which is the subject
matter of a claim.
B. Provide Adjuster with such photographs as are available
to the City, as well as engineering drawings and /or other
descriptive material of all conditions involving City property
which are alleged to be dangerous or that were damaged in the
events which produced the claim under investigation.
C. Attend hearings or trials and assist in effecting
settlement, securing and giving evidence, obtaining the attendance
of witnesses otherwise and in the conduct of litigation.
D. Provide as much information as is available to City with
respect to any claim.
4. TERM OF AGREEMENT.
The term of this Agreement is for a period of twelve (12 )
months, commencing at 12:01 a.m. on July 1, 1992 and ending 12:00
Midnight on June 30, 1993. It is the intent of the parties that
this Agreement continue in full force and effect after the
expiration of the initial term, subject to annual renegotiation of
the terms of compensation, unless this Agreement is terminated by
either party as provided in Section 6.
-4-
E
5. COMPENSATION.
A. Except for those services described in Subsection B., the
City shall pay Adjuster Fifty -three Thousand Two Hundred and Fifty
Dollars ($53,250.00), payable in equal quarterly installments
beginning July 1, 1992.
B. In addition to the compensation specified in Subsection
A, Adjuster shall be paid Forty Dollars ($40.00) per hour, paid
Forty -Two Cents ($.42) per mile for travel as reimbursement for
automobile expenses, and reimbursed for all costs reasonably and
necessarily incurred in performing the following services:
(i) Claims which are, or become, more than nine (9)
months old based upon date of occurrence, provided no additional
compensation shall be paid for setting reserves and assigning
outside counsel;
(ii) Appearance in court, before administrative
bodies, and attendance at voluntary or mandatory settlement
conferences;
(iii) Performance of any pre - claims investigative
services when requested by the City Attorney or Risk Manager;
(iv) Investigation of claims or incidents that are
outside the scope of general liability insurance, such as inverse
condemnation, when requested to do so by the City Attorney or Risk
Manager.
(v) The investigation of claims when conducted
outside the boundaries of Orange County, subject to approval by the
City Attorney or Risk Manager.
-5-
• i
C. City shall pay all court costs, fees and expenses; fees
for service of process; fees for attorneys; cost of undercover
operative services; costs of employing experts for the preparation
of maps, photographs, diagrams, chemical or physical analysis; the
cost of expert advice, opinion and testimony concerning claims
under investigation or in litigation; the cost of transcripts taken
at coroner's inquests, criminal or civil proceedings; the cost of
copies of any public records; the cost of deposition and court
reporter's fees; and other similar costs or fees related to
litigation reasonably chargeable to the investigation, negotiation,
settlement or defense of a claim or for the protection of a
subrogation right of the City.
6. RECORDS.
A. All files and records maintained by Adjuster pursuant to
this Agreement are the property of the City.
B. In the event of termination of this Agreement by either
party, Adjuster shall, within ten (10) days from the date of
termination, deliver to City all records and files maintained
pursuant to this Agreement.
7. HOLD HARMLESS.
A. Adjuster agrees to defend and indemnify City and its
officers, employees or representatives with respect to any claim or
lawsuit arising out of the negligent, fraudulent or wilful acts or
omissions of Adjuster and /or its officers, employees, or
representatives pursuant to this Agreement.
B. City agrees to defend and indemnify Adjuster or its
M:
0
employees, officers or representatives with respect to any claim or
lawsuit arising out of the negligent, fraudulent, or wilful acts or
omissions of City or its officers, employees, or representatives
pursuant to this Agreement.
8. INSURANCE.
A. Adjuster shall maintain errors and omissions insurance,
which includes coverage for professional malpractice, in the amount
of $1,000,000. The policy shall provide for coverage of all claims
occurring during the term of this policy notwithstanding the fact
that the claim may be asserted subsequent to the expiration of the
policy or this Agreement.
B. This insurance shall be maintained in full force and
effect at all times during the term of this Agreement. The
policies of insurance shall be secured from an insurance company
assigned Policyholders' Rating A (or higher) and Financial Size
Category VII (or larger) by an industry -wide standard and the
company shall be licensed to do business in the State of
California. Each policy of insurance shall name the City of
Newport Beach as an additional insured and the policy shall contain
a provision that requires thirty (30) days' written notice to City
of any proposed cancellation, material alteration, or non - renewal
of the policy.
C. Adjuster shall, upon request, furnish City with evidence
that all required insurance is in full force and effect. In the
event Adjuster fails to secure or maintain the required insurance,
-7-
City may obtain the required insurance in Adjuster's name and shall
be compensated for all costs incurred, together with interest, at
the maximum rate permitted by law from the date on which premiums
are paid to the date on which City is reimbursed by Adjuster.
9. INDEPENDENT CONTRACTOR.
The Parties agree that Adjuster, in performing the services
specified in this Agreement, is acting as an independent
contractor. Adjuster has the sole and exclusive right to determine
the method and means of performing the services required by this
Agreement. Adjuster may, at its own expense, employ assistants or
agents as necessary to perform the services required by this
Agreement and City may not control, direct or supervise those
assistants or employees in the performance of those services.
10. DEFAULT.
Should either Party default in the performance of this
Agreement, or materially breach any of its provisions, the non-
breaching party may terminate this Agreement. For the purposes of
this Section, a material breach of this Agreement by Adjuster shall
include, but not necessarily be limited to, a failure to perform
any of the services required by Sections 1 and 2, a failure to
defend and indemnify the City pursuant to Section 7, and /or a
failure to provide the insurance required by Section 8. For the
purposes of this Section, a material breach of this Agreement by
City shall include, but not necessarily be limited to failure to
comply with its duties as provided in Section 3, or the failure to
compensate Adjuster as provided in Section 5.
11. TERMINATION OF AGREEMENT.
A. In the event of a material breach of this Agreement, the
non- breaching party shall have the right to terminate this
Agreement by giving the other party ten (10) days written notice
and, in the event of such termination, the non - breaching party
shall have all rights and remedies given by law;
B. Either party shall have the right to terminate this
Agreement, without cause, by giving the other sixty (60) days
written notice of their intention to terminate. The notice of
intention shall specify the effective date of termination.
12. ASSIGNMENT.
The City is contracting with Adjuster because of its unique
ability, specialized knowledge, the quality of their work and
integrity. In light of the factors which prompted City to contract
with Adjuster, this Agreement may not be assigned by Adjuster
without the express written consent of City.
13. NOTICE.
Any notice required to be given pursuant to this Agreement
shall be in writing. Notice may be given by personal delivery or
by mail. Notice shall be deemed given when personally delivered or
deposited in the United States mail, first class postage prepaid
and addressed as follows:
TO THE CITY: City Manager
City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92659 -1768
QM
TO THE ADJUSTER: Richard Effertz
Riviera Adjusters, Inc.
P. O. Box 1827
Costa Mesa, CA 92628 -1827
14. ENTIRE AGREEMENT.
This Agreement supersedes any and all agreements, oral or
written, between the Parties with respect to the services to be
performed by Adjuster. Each Party acknowledges that no
representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on their
behalf, which are not embodied in this Contract. Any modification
to this agreement shall be effective only if it is in writing and
signed by the Party to be charged.
IN WITNESS WHEREOF, the Parties hereto have caused this
Agreement to be executed the day and year first written above.
ATTEST:
i
CITY CLERK
APPR ED AS TO FORM:
Cftll�ATTORNEY
gr /agr /riviera.agt
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Kev r y
City Manager
RIVIERA ADJUSTER, INC.
By: 23; llffebtz
-10-
a 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(1V 644 -3005
Ad74gtGG�tG�
TO: FINANCE DIRECTOR j� -- 2- %
FROM: CITY CLERK
DATE: June 27, 1989
SUBJECT: Contract No. C -2097
Description of Contract Agreement for Professional Services
for Self- Insurance Administration
Effective date of Contract June 15, 1989
Authertze�- by�4iant� Attfett, approved ce by City Manager
Contract with Riviera Adjusters (Roy Allen)
Address 2790 Harbor Blvd., Suite 306
Costa Mesa, CA 92626
Amount of Contract (See Agreement)
6e, 4e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
AGREEMENT FOR PROFESSIONAL SERVICES
FOR SELF - INSURANCE ADMINISTRATION
`1"H
THIS AGREEMENT, made and entered into this day of
June, 1989, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation and Charter City, ( "City ") and ROY ALLEN, doing
business as RIVIERA ADJUSTERS, ( "Adjuster ") is made with reference
to the following facts:
A. City is self- insured against exposure to general
liability; and
B. City and Adjuster have an existing contractual
relationship which terminates on June 30, 1989, and it is the
desire of both parties to enter into another Agreement continuing
this relationship and making provision for claims previously filed
which are presently handled by Adjuster, as well as new claims
filed during the term of this Agreement; and
C. Adjuster is licensed by the State of California to
engage in the supervision and administration of City's self -
insured retention program.
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY ADJUSTER.
Adjuster hereby agrees to effectively undertake the
investigation, supervision, administration, processing, adjustment
and negotiation of all existing claims, claims filed during the
term of this Agreement and lawsuits filed against City which are
based upon allegations of tortious conduct, whether negligent or
1
•
intentional, for which City is alleged to be legally responsible
and which would be covered by general liability insurance. To
accomplish the foregoing, Adjuster shall:
A. Administration.
1. Create a file for each claim for administrative
purposes immediately upon receiving a copy of the claim from the
City Clerk;
2. Continue to maintain files on claims heretofore
filed, the files to contain all information concerning the
particular claim and be open to inspection by designated
representatives of City upon reasonable notice to Adjuster; and
3. Establish and maintain an estimated reserve and
report same to City on all claims.
B. Investigation.
Process and investigate all claims. Investigation
shall include, but not be limited to, the following:
1. An on -site investigation of the incident;
2. The taking of photographs pertinent to the
incident;
3. Interviewing witnesses and others with knowledge
of the incident; and
4. Such other investigation as is necessary to
determine liability and /or damages.
C. Administrative Services.
1. Provide customary clerical services and routine
correspondence, together with information on all claims indicating
2
0
the status of each reported open claim assigned to Adjuster, the
details of each claim, the outstanding reserves for each claim and
the details of all claim - related payments made during the month.
The claims information shall be forwarded to the City of Newport
Beach immediately upon any change in the status of any claim
coming within the purview of the Claims Management System; and
2. Complete and forward claims indexing and loss
experience, as indicated on the data input forms provided by the
City, for each claim as that experience occurs. (For the purposes
of maintaining the City's Public Liability Claim Loss Analysis
System.)
D. Adjusting.
Contact claimants, obtain information from claimants
regarding claims and enter into such settlement negotiations as
are authorized by City.
E. Assignment of Counsel.
At such time as litigation is commenced with respect
to any claim, Adjuster shall assign counsel to defend the City
and /or its officers, employees and representatives, advise counsel
of the facts of the case and forward to counsel all material in
Adjuster's file pertinent to such litigation.
F. Litigation Assistance.
Assist appointed counsel upon request and maintain
current files on all litigation.
G. Subrogation.
Do whatever is necessary for the perfection of any
M
0 0
subrogation rights other than those that arise within the context
of the workers compensation laws of the State of California.
2. DUTIES OF CITY.
City hereby agrees to do the following upon Adjuster's
request:
A. Make available to Adjuster, at City offices, all
employees of the City who are witnesses to an accident or incident
or who have knowledge of the event or incident which is the
subject matter of a claim.
B. Provide Adjuster with such photographs as are
available to the City, as well as engineering drawings and /or
other descriptive material of all conditions involving City
property which are alleged to be dangerous or that were damaged in
the events which produced the claim under investigation.
C. Attend hearings or trials and assist in effecting
settlement, securing and giving evidence, obtaining the attendance
of witnesses otherwise and in the conduct of litigation.
D. Provide as much information as is available to City
with respect to any claim.
3. TERM OF AGREEMENT
The term of this Agreement is for a period of twelve (12)
months, commencing at 12:01 A.M. on July 1, 1989, and ending
12:00 Midnight on June 30, 1990. It is the intent of the parties
that this Agreement continue in full force and effect after the
expiration of the initial term, subject to annual renegotiation of
the terms of compensation, unless this Agreement is terminated by
4
0 0
either party as provided in Section 5.
4.
City agrees to pay Adjuster the following sums:
A. Except as otherwise provided in this Section, the
City shall pay Adjuster the sum of Fifty Thousand ($50,000.00)
Dollars, payable quarterly, in equal installments beginning July
1, 1989 to provide the services described in Section 1 from July
1, 1989 to June 30, 1990.
B. In addition to the compensation specified in
subsection A, with respect to the following services, Adjuster
shall be paid Thirty Eight ($38.00) Dollars per hour, Thirty Five
($.35) Cents per mile for automobile expenses, and reimbursed for
all costs reasonably and necessarily incurred:
1. Claims which are, or become, more than nine (9)
months old based upon date of occurrence, provided no additional
compensation shall be paid for setting reserves and assigning
outside counsel;
2. Appearance in court, before administrative
bodies, and attendance at voluntary mandatory settlement
conferences;
3. Performance of any service with respect to an
incident when such services are performed prior to the filing of a
claim with the City;
4. Investigation of claims or incidents that are
outside the scope of general liability insurance, such as inverse
condemnation, when request to do so by the City Attorney or Risk
5
0
Manager.
•
C. City shall pay all court costs, fees and expenses,
fees for service of process, fees for attorneys, cost of
undercover operative services, costs of employing experts for the
preparation of maps, photographs, diagrams, chemical or physical
analysis, for expert advice, opinion and testimony concerning
claims under investigation or in litigation, cost of transcripts
taken at coroner's inquest, criminal or civil proceedings, cost of
copies of any public records, cost of deposition and court
reporter's fees and other similar fees related to litigation
reasonably chargeable to the investigation, negotiation,
settlement or defense of a claim or for the protection of a
subrogation right of the City.
5. DISPOSITION OF FILES ON TERMINATION OF AGREEMENT.
A. All files maintained by Adjuster are the property of
the City of Newport Beach.
B. In the event of termination of this Agreement by
either party, City may:
1. Require Adjuster to surrender to City all files
with respect to all claims existing as of the date of termination
and pay to Adjuster, within thirty (30) days from date of
termination, sums due pursuant to Section 4A. on a pro -rata
basis, and all other sums due Adjuster effective as of the date of
termination; or
2. Require Adjuster, after the effective date of
termination, to continue to perform services with respect to some,
0
0 0
or all, of the claims, being handled by Adjuster, with the
compensation due Adjuster based on the terms of this Agreement.
6. HOLD HARMLESS.
A. Adjuster agrees to defend and indemnify City and its
officers, employees or representatives with respect to any
litigation arising out of the negligent or wilful acts or
omissions of Adjuster and /or its officers, employees, or
representatives pursuant to this Agreement.
B. City agrees to defend and indemnify Adjuster or its
employees, officers or representatives with respect to any
litigation arising out of the negligent or wilful acts of City or
its officers, employees, or representatives pursuant to this
Agreement.
7. INSURANCE.
A. Adjuster shall maintain the following insurance
coverage:
1. Liability Insurance. General liability coverage
in the following minimum amounts:
Bodily injury $250,000 each person
$500,000 each occurrence
$500,000 aggregate
Property damage $100,000 each occurrence
$250,000 aggregate
2. Errors and Omissions. Errors and omissions
insurance which includes coverage for professional malpractice, in
the amount of $1,000,000. The policy shall provide for coverage
of all claims occurring during the term of this policy
notwithstanding the fact that the claim may be asserted subsequent
W
to the expiration of the policy.
B. This insurance shall be maintained in full force and
effect at all times during the term of this Agreement. The
policies of insurance shall be secured from an insurance company
assigned Policyholders' Rating A (or higher) and Financial Size
Category VII (or larger) by an industry -wide standard and the
company shall be licensed to do business in the State of
California. Each policy of insurance shall name the City of
Newport Beach as an additional insured and the policy shall
contain a provision that requires thirty (30) days' written notice
to City of any proposed cancellation or material alteration of the
policy.
C. Adjuster shall, upon request, furnish City with
evidence that all required insurance is in full force and effect.
In the event Adjuster fails to secure or maintain the required
insurance, City may obtain the required insurance in Adjuster's
name and shall be compensated for all costs incurred, together
with interest, at the maximum rate permitted by law from the date
on which premiums are paid to the date on which City is reimbursed
by Adjuster.
8. INDEPENDENT CONTRACTOR.
The Parties agree that Adjuster, in performing the
services specified in this Agreement, is acting as an independent
contractor. Adjuster has the sole and exclusive right to
determine the method and means of performing the services
described in Section 1. Adjuster may, at its own expense, employ
0
0 0
assistants or agents as necessary to perform the services required
pursuant to this Agreement and City may not control, direct or
supervise those assistants or employees in the performance of
those services.
9. DEFAULT.
Should either Party default in the performance of this
Agreement, or materially breach any of its provisions, the non -
breaching party may terminate this Agreement. For the purposes of
this section, a material breach of this Agreement by Adjuster
shall include, but not necessarily be limited to, a failure to
perform any of the services required by Section 1, a failure to
defend and indemnify the City pursuant to Section 6, and /or a
failure to provide the insurance required by Section 7. For the
purposes of this section, a material breach of this Agreement by
City shall include, but not necessarily be limited to failure to
comply with its duties as provided in Section 2, or the failure to
compensate Adjuster as provided in Section 3.
10. TERMINATION OF AGREEMENT.
A. In the event of a material breach of this Agreement,
the non - breaching party shall have the right to terminate this
Agreement by giving the other party ten (10) days' written notice
and, in the event of such termination, the non - breaching party
shall have all rights and remedies given by law;
B. Either party shall have the right to terminate this
Agreement, without cause, by giving the other sixty (60) days'
written notice of their intention to terminate. The notice of
9
• i
intention shall specify the effective date of termination.
11. ASSIGNMENT.
The City is contracting with Adjuster because of his
unique ability, specialized knowledge, the quality of his work,
and his integrity. In light of the factors which prompted City to
contract with Adjuster, this Agreement may not be assigned by
Adjuster without the express written consent of City.
12. NOTICE.
Any notice required to be given pursuant to this Agreement
shall be in writing. Notice may be given by personal delivery or
by mail. Notice shall be deemed given when personally delivered
or deposited in the United States mail, first class, postage
prepaid, and addressed as follows:
TO THE CITY: City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
TO THE ADJUSTER: Roy Allen
Riviera Adjusters
2790 Harbor Boulevard,
Suite 306
Costa Mesa, CA 92626
13. ENTIRE AGREEMENT.
This Agreement supersedes any and all agreements, oral or
written, between the Parties with respect to the services to be
performed by Adjuster. Each Party acknowledges that no
representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on their
behalf, which are not embodied in this contract. Any modification
to this Agreement shall be effective only if it is in writing and
10
signed by the Party to be charged.
IN WITNESS WHEREOF, the Parties hereto have caused this
Agreement to be executed the day and year first above written.
"CITY"
CITY OF NEWPORT BEACH
A Municiga� Corporation
BY:
Robert L. Wynft-
City Manager
"ADJUSTER"
ROY ALLEN doing business as
RIVTERA\ ADJUSTERS
I:)'6
APPROVtD AS TO FORM:
Robert H. Burnham
City Attorney
ROYALLEN.CON
6/14/89
11
AGREEMENT FOR PROFESSIONAL SERVICES
FOR SELF - INSURANCE ADMINISTRATION
RIVIERA ADJUSTERS
THIS AGREEMENT, made and entered into this 29th day of
June, 1987, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation, hereinafter referred to as "City" and RIVIERA
ADJUSTERS, hereinafter referred to as "Adjuster" is made with
reference to the following facts:
A. City is self- insured against exposure to general
liability; and
B. City and Adjuster have an existing contractual
relationship which terminates on June 30, 1987, and it is the
desire of both parties to enter into another Agreement continuing
this relationship and making provision for claims previously
filed which are presently handled by Adjuster, as well as new
claims filed during the term of this Agreement; and
C. Adjuster is licensed by the State of California to
engage in the supervision and administration of City's self -
insured retention program.
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY ADJUSTER.
Adjuster hereby agrees to effectively undertake
the investigation, supervision, administration, processing,
adjustment and negotiation of all existing claims, claims filed
-1-
a
0
during the term of thi
damages against City
tortious conduct, eit h
basis of liability,
responsible and w
liability insurance.
a.
f
hich
0
s Agreement and claims
which are premised u
er negligent or inte
or which City is alle
claims would be c
Administration.
in litigation for
up allegations of
ntional or similar
ged to be legally
overed by general
Create a file for each claim for
administrative purposes immediately upon receiving a claim from
City. Continue to maintain files on claims heretofore filed.
Such files will contain all information concerning the particular
claim and shall be open to inspection by designated
representatives of City upon reasonable notice to Adjuster.
b. Reserves.
Establish and maintain an estimated reserve
and report same to City on all claims.
C. Investigation.
Process and investigate all reports of
accidents, incidents, claims or cases which are, or may be, the
subject of a liability claim or litigation. Investigation shall
include, but not be limited to, the following:
the incident;
(1) An on -site investigation of the incident;
(2) The taking of photographs pertinent to
-2-
(3) Interviewing witnesses and others with
knowledge of the incident; and
(4) Such other investigation as is necessary
to determine liability and /or damages.
d. Administrative Services.
Provide customary clerical services and
routine correspondence, together with information on all claims
indicating the status of each reported open claim assigned to
Adjuster, the details of each claim, the outstanding reserves for
each claim and the details of all claim - related payments made
during the month. The claims information shall be forwarded to
the City of Newport Beach immediately upon any change in the
status of any claim coming within the purview of the Claims
Management System.
Complete and forward claims indexing and loss
experience, as indicated on the data input forms provided by the
City, for each claim as that experience occurs, for the purpose
of maintaining the City's Public Liability Claim Loss Analysis
System, commencing with claims occurring in the year 1977,
forward.
e. Adjusting.
Contact claimants, obtain information from
claimants regarding claims and enter into such settlement
negotiations as are authorized by City.
-3-
f. Assignment of Counsel.
At such time as litigation is commenced with
respect to any claim, Adjuster shall assign counsel to defend the
City and /or its officers, employees and representatives, advise
counsel of the facts of the case and forward to counsel all
material in Adjuster's file pertinent to such litigation.
g. Rate for Claims Outside Scope.
With respect to the performance of services
by Adjuster, other than those described in paragraph 1 above,
which may be required by the City Attorney in the case of claims
outside the scope of coverage of general liability insurance such
as inverse condemnation, City shall pay Adjuster Thirty Three
Dollars ($33.00) per hour for services rendered and Thirty -Five
Cents ($.35) per mile for automobile expense and reimburse
Adjuster, at Adjuster's cost, for all other expenses reasonably
incurred by Adjuster in the performance of the services.
h. Supervision of Litigation.
Adjuster shall, after assignment of counsel,
continue to supervise and maintain general control over all
litigation.
i. Subrogation
Do whatever is necessary for the perfection
of any subrogation rights other than those that arise within the
context of the workers compensation laws of the State of
California.
-4-
0
2. DUTIES OF CITY.
City hereby agrees to supply Adjuster with the
following services:
a. Make available to Adjuster, at the offices of
the City, all employees of the City who are witnesses to an
accident or incident or who have knowledge of the event or
incident which is the subject matter of a claim.
b. Provide Adjuster with such photographs as are
available to the City, as well as engineering drawings and /or
other descriptive material of all conditions involving City
property which are alleged to be dangerous or that were damaged
in the events which produced the claim under investigation.
C. Cooperate with Adjuster and upon reasonable
request, attend hearings and trials and shall assist in effecting
settlement, securing and giving evidence, obtaining the
attendance of witnesses and in the conduct of lawsuits.
d. Provide as much information as is available
to City to Adjuster with respect to any claim.
3. TERM OF AGREEMENT.
The term of this Agreement is for a period of
twelve (12) months, commencing at 12:01 A.M. on July 1, 1987, and
ending 12 :00 Midnight on June 30, 1988. It is the intent of the
parties that this Agreement continue in full force and effect
after the expiration of the initial term, subject to an annual
-5-
0
0
renegotiation of the terms of compensation, unless this Agreement
is terminated by either party as hereinafter provided.
4. COMPENSATION.
City agrees to pay Adjuster the following sums for
the performance of services described above with respect to the
following categories:
a. Except as otherwise provided herein, the City
shall pay Adjuster the sum of Thirty Eight Thousand Dollars
($38,000.00), payable quarterly, in installments, to provide all
services described in paragraph 1 of this Agreement, for a period
of one year, with respect to the following:
b. Notwithstanding the provisions of
subparagraph a. above, with respect to investigation of claims
outside the boundaries of the County of Orange, City agrees to
pay Adjuster Thirty Three Dollars ($33.00) per hour for services
rendered and Thirty -Five Cents ($.35) per mile for automobile
expenses.
C. Notwithstanding the provisions of subpara-
graph a. above, with respect to claims which are as of the
commencement of this Agreement or thereafter become more than one
year old, based on the date of occurrence, City shall pay
Adjuster for the performance of all services other than Reserves
and Assignment of Counsel, as described in paragraph 1 of this
Agreement, the sum of Thirty Three Dollars ($33.00) per hour, and
Thirty -Five Cents ($.35) per mile for automobile expenses, as
well as reimburse Adjuster on a cost basis for such additional
expenses incurred such as clerical, postage and telephone.
-6-
0 0
d. Notwithstanding I the provisions of
subparagraph a. above, with respect to appearances in court or
before administrative bodies and /or attendance at settlement
conferences, both mandatory and voluntary, City agrees to pay
Adjuster Thirty Three Dollars ($33.00) per hour for services
rendered and Thirty -Five Cents ($.35) per mile for automobile
expense, plus reimbursement for costs incurred such as parking.
e. With respect to the performance of services
by Adjuster, other than those described in paragraph 1 above,
such investigation of incidents of the City of Newport Beach
prior to the filing of any claim, City shall pay Adjuster the sum
of Thirty Three Dollars ($33.00) per hour, and Thirty -Five Cents
($.35) per mile for automobile expenses, and reimburse Adjuster,
at Adjuster's cost, for all other expenses reasonably incurred by
Adjuster in the performance of the services.
f. Notwithstanding the provisions of
subparagraph a. above, City shall pay all court costs, fees and
expenses, fees for service of process, fees for attorneys, cost
of undercover operative services, costs of employing experts for
the preparation of maps, photographs, diagrams, chemical or
physical analysis, for expert advice, opinion and testimony
concerning claims under investigation or in litigation, cost of
transcripts taken at coroner's inquest, criminal or civil
proceedings, cost of copies of any public records, cost of
deposition and court reporter's fees and other similar fees
related to litigation reasonably chargeable to the investigation,
negotiation, settlement or defense of a claim or for the
protection of a subrogation right of the City.
-7-
0 0
5. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party
by giving written Notice of Intention to Terminate at least sixty
(60) days prior to the date of termination specified in the
notice; provided, however, that should City determine not to
renew this Agreement on any annual renewal date, no advance
Notice of Termination need be given Adjuster. Such Notices of
Intent to Terminate should be sent to the parties addressed as
follows:
TO CITY: CITY OF NEWPORT BEACH
ATTENTION: BILL BROWN
Post Office Box 1768
Newport Beach, CA 92658 -8915
TO ADJUSTER: RIVIERA ADJUSTERS
2790 Harbor Boulevard
Suite 306
Costa Mesa, CA 92626
6. DISPOSITION OF FILES ON TERMINATION OF AGREEMENT.
a. All files on each claim shall be the property
of City.
b. In the event of termination of this Agreement
by either party, City has the following rights:
(1) City may require Adjuster to surrender to
City all files with respect to all claims existing as of the date
of termination and pay to Adjuster, within thirty (30) days from
date of termination, sums due pursuant to paragraph 4a. on a pro -
rata basis, and all other sums due Adjuster effective as of the
date of termination. Adjuster shall have no obligation or right
'.E'M
to perform services pursuant to this Agreement, or right to
recover compensation pursuant to this Agreement, after the date
of termination; or
(2) City may require Adjuster, after the
effective date of termination, to continue to perform services
with respect to some, or all, of the claims being handled by
Adjuster, with the compensation due Adjuster based on the terms
of this Agreement.
7. HOLD HARMLESS.
a. Adjuster agrees to defend any legal action
commenced against City caused directly or indirectly by wrongful
or negligent acts of Adjuster, Adjuster's officers, employees,
agents, or other engaged by Adjuster, and to indemnify City
against any loss, liability, cost or damage, including attorney's
fees, resulting therefrom.
b. City agrees to defend any legal action
commenced against Adjuster caused directly or indirectly by
wrongful or negligent acts of City's officers, employees, agents,
or others engaged by City, and to indemnify Adjuster against any
loss, liability, cost or damage, including attorney's fees
resulting therefrom.
8. INSURANCE.
On or before the commencement of the term of this
Agreement, Adjuster shall furnish the City with certificates
showing the type, amount, class of operations covered, effective
dates and dates of expiration of insurance policies. Such
-9-
0
0
certificates, which do not limit Adjuster's indemnification,
shall also contain substantially the following statement: "The
insurance covered by this certificate will not be cancelled or
materially altered, except after ten (10) days' written notice
has been received by the City."
It is agreed that Adjuster shall maintain in force
at all times during the performance of this Agreement all
appropriate policies of insurance required by this Agreement, and
that said policies of insurance shall be secured from an
insurance company assigned Policyholders' Rating A (or higher)
and Financial Size Category VII (or larger) by an industry -wide
standard and licensed to do business in the State of California.
Adjuster shall maintain the following insurance
coverage:
a. Liability Insurance. General liability
coverage in the following minimum limits:
Bodily injury
Property damage
$250,000 each person
$500,000 each occurrence
$500,000 aggregate
$100,000 each occurrence
$250,000 aggregate
b. Errors and Omissions. Errors and omissions
insurance which includes coverage for professional malpractice,
in the amount of $1,000,000. The policy shall provide for
coverage of all claims occurring during the term of the policy
notwithstanding the fact that the claim may be asserted
subsequent to the expiration of the policy.
-10-
c. Subrogation Waiver. Adjuster agrees that in
the event of loss due to any of the perils for which it has
agreed to provide insurance, that Adjuster shall look solely to
its insurance for recovery. Adjuster hereby grants to City, on
behalf of any insurer providing to either Adjuster or the City
with respect to the services of Adjuster herein, a waiver of any
right of subrogation which any such insurer of said Adjuster may
acquire against City by virtue of the payment of any loss under
such insurance.
d. Failure to Secure. If Adjuster at any time
during the term hereof, should fail to secure or maintain the
foregoing insurance, City shall be permitted to obtain such
insurance in the Adjuster's name or as an agent of the Adjuster
and shall be compensated by the Adjuster for the costs of the
insurance premiums and interest at the maximum rate permitted by
law computed from the date written notice is received that the
premiums have been paid.
e. Additional Insured. The City, its City
Council, boards and commissions, officers, agents, servants and
employees shall be named as an additional insured on all policies
of insurance required by this Agreement. The naming of an
additional insured shall not affect any recovery to which such
additional insured would be entitled under this policy if not
named as such additional insured and an additional insured named
herein shall not be held liable for any premium or expense of any
nature on this policy or an extension thereof. Any other
insurance held by an additional insured shall not be required to
contribute anything toward any loss or expense covered by the
insurance provided by this policy. Proceeds from any such policy
-11-
or policies shall be payable to the City primarily, and to the
Adjuster, secondarily, if necessary.
9. WAIVER.
A waiver by the City of any breach of any term,
covenant, or condition contained herein shall not be deemed to be
a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained herein whether of the same or a
different character.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
AS TO FORM:
y Attorney
-12-
"CITY"
CITY OF NEWPORT BEACH
A Muni ip1al Corporat{iJo'n ^`
Robert L.Wynn,
City Manager
"ADJUSTER"
ADJUSTERS
By:
Roy I n
CITY OF NEWPORT BEACH
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE:. June 11, 1986
SUBJECT: Contract No. C -2097
OFFICE OF THE CPTY CLERK
(714( 640 -2251
Description of Contract Agreement for Professional Services
for Self- Insurance Administration
Effective date of Contract June 6, 1986
Authorized by Minute Action, approved on N/A
Contract with Riviera Adjusters
Address 2790 Harbor Blvd., #306
Costa Mesa, CA 92626
Amount of Contract (See Agreement)
I� .
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
AGREEMENT FOR PROFESSIONAL SERVICES
FOR SELF - INSURANCE ADMINISTRATION
RIVIERA ADJUSTERS
THIS AGREEMENT, made and entered into this 6" day of
June, 1986, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation, hereinafter referred to as "City" and RIVIERA
ADJUSTERS, hereinafter referred to as "Adjuster" is made with
reference to the following facts:
A. City maintains liability insurance with a large,
self- insured retention; and
B. City and Adjuster have an existing contractual
relationship which terminates on June 30, 1986, and it is the
desire of both parties to enter into another Agreement continuing
this relationship and making provision for claims previously
filed which are presently handled by Adjuster, as well as new
claims filed during the term of this Agreement; and
C. Adjuster is licensed by the State of California to
engage in the supervision and administration of City's self -
insured retention program.
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY ADJUSTER.
Adjuster hereby agrees to effectively undertake
the investigation, supervision, administration, processing,
adjustment and negotiation of all existing claims, claims filed
-1-
• •
during the term of this Agreement and claims in litigation for
damages against City which are premised upon allegations of
tortious conduct, either negligent or intentional or similar
basis of liability, for which City is alleged to be legally
responsible and which claims would be covered by general
liability insurance.
a. Administration.
Create a file for each claim for
administrative purposes immediately upon receiving a claim from
City. Continue to maintain files on claims heretofore filed.
Such files will contain all information concerning the particular
claim and shall be open to inspection by designated
representatives of City upon reasonable notice to Adjuster.
b. Reserves.
Establish and maintain an estimated reserve
and report same to City on all claims.
C. Investigation.
Process and investigate all reports of
accidents, incidents, claims or cases which are, or may be, the
subject of a liability claim or litigation. Investigation shall
include, but not be limited to, the following;
the incident;
(1) An on -site investigation of the incident;
(2) The taking of photographs pertinent to
-2-
•
(3) Interviewing witnesses and others with
knowledge of the incident; and
(4) Such other investigation as is necessary
to determine liability and /or damages.
d. Administrative Services.
Provide customary clerical services and
routine correspondence, together with information on all claims
indicating the status of each reported open claim assigned to
Adjuster, the details of each claim, the outstanding reserves for
each claim and the details of all claim - related payments made
during the month. The claims information shall be forwarded to
the City of Newport Beach immediately upon any change in the
status of any claim coming within the purview of the Claims
Management System.
Complete and forward claims indexing and loss
experience, as indicated on the data input forms provided by the
City, for each claim as that experience occurs, for the purpose
of maintaining the City's Public Liability Claim Loss Analysis
System, commencing with claims occurring in the year 1977,
forward.
e. Adjusting.
Contact claimants, obtain information from
claimants regarding claims and enter into such settlement
negotiations as are authorized by City.
-3-
0 0
f. Assignment of Counsel.
At such time as litigation is commenced with
respect to any claim, Adjuster shall assign counsel to defend the
City and /or its officers, employees and representatives, advise
counsel of the facts of the case and forward to counsel all
material in Adjuster's file pertinent to such litigation.
g. Rate for Claims Outside Scope.
With respect to the performance of services
by Adjuster, other than those described in paragraph 1 above,
which may be required by the City Attorney in the case of claims
outside the scope of coverage of general liability insurance such
as inverse condemnation, City shall pay Adjuster Thirty One
Dollars ($31.00) per hour for services rendered and Thirty Cents
($.30) per mile for automobile expense and reimburse Adjuster, at
Adjuster's cost, for all other expenses reasonably incurred by
Adjuster in the performance of the services.
h. Supervision of Litigation.
Adjuster shall, after assignment of counsel,
continue to supervise and maintain general control over all
litigation.
i. Subrogation.
Do whatever is necessary for the perfection
of any subrogation rights other than those that arise within the
context of the workers compensation laws of the State of
California.
-4-
0 0
2. DUTIES OF CITY.
City hereby agrees to supply Adjuster with the
following services:
a. Make available to Adjuster, at the offices of
the City, all employees of the City who are witnesses to an
accident or incident or who have knowledge of the event or
incident which is the subject matter of a claim.
b. Provide Adjuster with such photographs as are
available to the City, as well as engineering drawings and /or
other descriptive material of all conditions involving City
property which are alleged to be dangerous or that were damaged
in the events which produced the claim under investigation.
C. Cooperate with Adjuster and upon reasonable
request, attend hearings and trials and shall assist in effecting
settlement, securing and giving evidence, obtaining the
attendance of witnesses and in the conduct of lawsuits.
d. Provide as much information as is available
to City to Adjuster with respect to any claim.
3. TERM OF AGREEMENT.
The term of this Agreement is for a period of
twelve (12) months, conmencing at 12:01 A.M. on July 1, 1986, and
ending 12:00 Midnight on June 30, 1987. It is the intent of the
parties that this Agreement continue in full force and effect
after the expiration of the initial term, subject to an annual
-5-
0
0
renegotiation of the terms of compensation, unless this Agreement
is terminated by either party as hereinafter provided.
4. COMPENSATION.
City agrees to pay Adjuster the following sums for
the performance of services described above with respect to the
following categories:
a. Except as otherwise provided herein, the City
shall pay Adjuster the sum of Thirty Four Thousand Dollars
($34,000.00), payable quarterly, in installments, to provide all
services described in paragraph 1 of this Agreement, for a period
of one year, with respect to the following:
b. Notwithstanding the provisions of
subparagraph a. above, with respect to investigation of claims
outside the boundaries of the County of Orange, City agrees to
pay Adjuster Thirty One Dollars ($31.00) per hour for services
rendered and Thirty Cents ($.30) per mile for automobile
expenses.
C. Notwithstanding the provisions of
subparagraph a. above, with respect to claims which are as of the
commencement of this Agreement or thereafter become more than one
year old, based on the date of occurrence, City shall pay
Adjuster for the performance of all services other than Reserves
and Assignment of Counsel, as described in paragraph 1 of this
Agreement, the sum of Thirty One Dollars ($31.00) per hour, and
Thirty Cents ($.30) per mile for automobile expenses, as well as
reimburse Adjuster on a cost basis for such additional expenses
incurred such as clerical, postage and telephone.
-6-
d. Notwithstanding the provisions of
subparagraph a. above, with respect to appearances in court or
before administrative bodies and /or attendance at settlement
conferences, both mandatory and voluntary, City agrees to pay
Adjuster Thirty One Dollars ($31.00) per hour for services
rendered and Thirty Cents ($.30) per mile for automobile expense,
plus reimbursement for costs incurred such as parking.
e. With respect to the performance of services
by Adjuster, other than those described in paragraph 1 above,
such investigation of incidents of the City of Newport Beach
prior to the filing of any claim, City shall pay Adjuster the sum
of Thirty One Dollars ($31.00) per hour, and Thirty Cents ($.30)
per mile for automobile expenses, and reimburse Adjuster, at
Adjuster's cost, for all other expenses reasonably incurred by
Adjuster in the performance of the services.
f. Notwithstanding the provisions of
subparagraph a. above, City shall pay all court costs, fees and
expenses, fees for service of process, fees for attorneys, cost
of undercover operative services, costs of employing experts for
the preparation of maps, photographs, diagrams, chemical or
physical analysis, for expert advice, opinion and testimony
concerning claims under investigation or in litigation, cost of
transcripts taken at coroner's inquest, criminal or civil
proceedings, cost of copies of any public records, cost of
deposition and court reporter's fees and other similar fees
related to litigation reasonably chargeable to the investigation,
negotiation, settlement or defense of a claim or for the
protection of a subrogation right of the City.
-7-
0 0
5. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party
by giving written Notice of Intention to Terminate at least sixty
(60) days prior to the date of termination specified in the
notice; provided, however, that should City determine not to
renew this Agreement on any annual renewal date, no advance
Notice of Termination need be given Adjuster. Such Notices of
Intent to Terminate should be sent to the parties addressed as
follows:
TO CITY: CITY OF NEWPORT BEACH
ATTENTION: BILL BROWN
Post Office Box 1768
Newport Beach, CA 92658 -8915
TO ADJUSTER: RIVIERA ADJUSTERS
2790 Harbor Boulevard
Suite 306
Costa Mesa, CA 92626
6. DISPOSITION OF FILES ON TERMINATION OF AGREEMENT.
a. All files on each claim shall be the property
of City.
b. In the event of termination of this Agreement
by either party, City has the following rights:
(1) City may require Adjuster to surrender to
City all files with respect to all claims existing as of the date
of termination and pay to Adjuster, within thirty (30) days from
date of termination, sums due pursuant to paragraph 4a. on a pro -
rata basis, and all other sums due Adjuster effective as of the
date of termination. Adjuster shall have no obligation or right
-8-
0
0
to perform services pursuant to this Agreement, or right to
recover compensation pursuant to this Agreement, after the date
of termination; or
(2) City may require Adjuster, after the
effective date of termination, to continue to perform services
with respect to some, or all, of the claims being handled by
Adjuster, with the compensation due Adjuster based on the terms
of this Agreement.
7. HOLD HARMLESS.
a. Adjuster agrees to defend any legal action
commenced against City caused directly or indirectly by wrongful
or negligent acts of Adjuster, Adjuster's officers, employees,
agents, or other engaged by Adjuster, and to indemnify City
against any loss, liability, cost or damage, including attorney's
fees, resulting therefrom.
b. City agrees to
commenced against Adjuster caused
wrongful or negligent acts of City's
or others engaged by City, and to it
loss, liability, cost or damage,
resulting therefrom.
8. INSURANCE.
defend any legal action
directly or indirectly by
officers, employees, agents,
demnify Adjuster against any
including attorney's fees
On or before the commencement of the term of this
Agreement, Adjuster shall furnish the City with certificates
showing the type, amount, class of operations covered, effective
dates and dates of expiration of insurance policies. Such
-9-
I . • •
certificates, which do not limit Adjuster's indemnification,
shall also contain substantially the following statement: "The
insurance covered by this certificate will not be cancelled or
materially altered, except after ten (10) days' written notice
has been received by the City."
It is agreed that Adjuster shall maintain in force
at all times during the performance of this Agreement all
appropriate policies of insurance required by this Agreement, and
that said policies of insurance shall be secured from an
insurance company assigned Policyholders' Rating A (or higher)
and Financial Size Category VII (or larger) by an industry -wide
standard and licensed to do business in the State of California.
Adjuster shall maintain the following insurance
coverage:
a. Liability Insurance. General liability
coverage in the following minimum limits:
Bodily injury $250,000 each person
$500,000 each occurrence
$500,000 aggregate
Property damage $100,000 each occurrence
$250,000 aggregate
b. Errors and Omissions. Errors and omissions
insurance which includes coverage for professional malpractice,
in the amount of $1,000,000. The policy shall provide for
coverage of all claims occurring during the term of the policy
notwithstanding the fact that the claim may be asserted
subsequent to the expiration of the policy.
-10-
c. Subrogation Waiver. Adjuster agrees that in
the event of loss due to any of the perils for which it has
agreed to provide insurance, that Adjuster shall look solely to
its insurance for recovery. Adjuster hereby grants to City, on
behalf of any insurer providing to either Adjuster or the City
with respect to the services of Adjuster herein, a waiver of any
right of subrogation which any such insurer of said Adjuster may
acquire against City by virtue of the payment of any loss under
such insurance.
d. Failure to Secure. If Adjuster at any time
during the term hereof, should fail to secure or maintain the
foregoing insurance, City shall be permitted to obtain such
insurance in the Adjuster's name or as an agent of the Adjuster
and shall be compensated by the Adjuster for the costs of the
insurance premiums and interest at the maximum rate permitted by
law computed from the date written notice is received that the
premiums have been paid.
e. Additional Insured. The City, its City
Council, boards and commissions, officers, agents, servants and
employees shall be named as an additional insured on all policies
of insurance required by this Agreement. The naming of an
additional insured shall not affect any recovery to which such
additional insured would be entitled under this policy if not
named as such additional insured and an additional insured named
herein shall not be held liable for any premium or expense of any
nature on this policy or an extension thereof. Any other
insurance held by an additional insured shall not be required to
contribute anything toward any loss or expense covered by the
insurance provided by this policy. Proceeds from any such policy
or policies shall be payable to the City primarily, and to the
-11-
Adjuster, secondarily, if necessary.
9. WAIVER.
A waiver by the City of any breach of any term,
covenant, or condition contained herein shall not be deemed to be
a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained herein whether of the same or a
different character.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
APPRO D AS TO FORM:
ity Attorn y
-12-
"CITY"
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Robert L.Wynn,
City Manager
"ADJUSTER"
RIVIERA ADJUSTERS
B3
Roy n
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714( 640 -2251
TO: FINANCE DIRECTOR (f [
FROM: CITY CLERK
DATE: June 2.1, 1485
SUBJECT: Contract No. C -20.97
Description of Contract Agreement for Professional Services
for Self- Insurance Administration
Effective date of Contract June 19, 1985
Authorized by Minute Action, approved on
Contract with Riviera Adjusters
Address 2790 Harbor Blvd., #306
Costa Mesa, CA 92626
Amount of Contract (See Agreement)
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
AGREEMENT FOR PROFESSIONAL SERVICES
FOR SELF- INSURANCE ADMINISTRATION
RIVIERA AOJUSTERS
THIS AGREEMENT, made and entered into this _ M day of
June, 198,W, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation, hereinafter referred to as "City" and RIVIERA
ADJUSTERS, hereinafter referred to as "Adjuster" is made with
reference to the following facts:
A. City maintains liability insurance with a large,
self- insured retention] and
B. City and Adjuster have an existing contractual
relationship which terminates on June 30, 1985,
and it is the desire of both parties to enter into
another Agreement continuing this relationship
and making provision for claims previously filed
which are presently handled by Adjuster, as well
as new claims filed during the term of this Agree-
mentj and
C. Adjuster is licensed by the State of California
to engage in the supervision and administration
of City °s self-insured retention program.
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
-2- 0
1. SERVICES TO BE PERFORMED BY ADJUSTER
Adjuster hereby agrees to effectively undertake
the investigation, supervision, administration, processing,
adjustment and negotiation of all existing claims, claims filed
during the term of this Agreement and claims in litigation for
damages against City which are premised upon allegations of
tortious conduct, either negligent or intentional or similar
basis of liability, for which City is alleged to be legally
responsible and which claims would be covered by general
liability insurance.
(a) Administration
Create a file for each claim for
administrative purposes immediately upon receiving a claim from
City. Continue to maintain files on claims heretofore filed.
Such files will contain all information concerning the particular
claim and shall be open to inspection by designated
representatives of City upon reasonable notice to Adjuster.
(b) Reserves
Establish and maintain an estimated
reserve and report same to City on all claims.
(c) Investigation
Process and investigate all reports of
accidents, incidents, claims or cases which are, or may be, the
subject of a liability claim or litigation. Investigation shall
include, but not be limited to, the following:
-3- 0
(1) An on -site investigation of the
incident]
(2) The taking of photographs perti-
nent to the incident,
(3) Interviewing witnesses and others
with knowledge of the incidents and
(4) Such other investigation as is
necessary to determine liability
and /or damages.
(d) Administrative Services
Provide customary clerical services and
routine correspondence, together with information on all claims
indicating the status of each reported open claim assigned to
Adjuster, the details of each claim, the outstanding reserves for
each claim and the details of all claim - related payments made
during the month. The Claims information shall be forwarded to
the City of Newport Beach immediately upon any change in the
status of any claim coming within the purview of the Claims
Management System.
Complete and forward claims indexing and
loss experience, as indicated on the data input forms provided by
the City, for each claim as that experience occurs, for the
purpose of maintaining the City's Public Liability Claim Loss
Analysis System, commencing with claims occuring in the year
1977, forward.
• •
-a-
(e) Adjusting
Contact claimants, obtain information
from Claimants regarding claims and enter into such settlement
negotiations as are authorized by City.
(f) Assignment of Counsel
At such time as litigation is commenced
with respect to any claim, Adjuster shall assign counsel to
defend the City and /or its officers, employees and
representatives, advise counsel of the facts of the case and
forward to counsel all material in Adjuster's file pertinent to
such litigation.
(g) Rate for Claims Outside Scope
With respect to the performance of
services by Adjuster, other than those described in paragraph 1
above, which may be required by the City Attorney in the case of
claims outside the scope of coverage of general liability
insurance such as inverse condemnation, City shall pay Adjuster
THIRTY DOLLARS ($30.00) per hour for services rendered and THIRTY
CENTS ($00.30) per mile for automobile expense and reimburse
Adjuster, at Adjuster's cost, for all other expenses reasonably
incurred by Adjuster in the performance of the services.
(h) Supervision of Litigation
Adjuster shall, after assignment of
counsel, continue to supervise and maintain general control over
all litigation.
0 0
-5-
(i) Subrogation
Do whatever is necessary for the
perfection of any subrogation rights other than those that arise
within the context of the workers compensation laws of the State
of California.
2. DUTIES OF CITY
City hereby agrees to supply Adjuster with
the following services:
(a) Make available to Adjuster, at the
offices of the City, all employees of the City who are witnesses
to an accident or incident or who have knowledge of the event or
incident which is the subject matter of a claim.
(b) Provide Adjuster with such photographs
as are available to the City, as well as engineering drawings
and /or other descriptive material of all conditions involving
City property which are alleged to be dangerous or that were
damaged in the events which produced the claim under
investigation.
(c) Cooperate with Adjuster and upon
reasonable request, attend hearings and trials and shall assist
in effecting settlement, securing and giving evidence, obtaining
the attendance of witnesses and in the conduct of lawsuits.
(d) Provide as much information as is
available to City to Adjuster with respect to any claim.
r�
�J
3. TERM OF AGREEMENT
The term of this Agreement is for a period of
twelve (12) months, commencing at 12:01 a.m. on July 1, 1985, and
ending 12:00 midnight on June 30, 1986. It is the intent of the
parties that this Agreement continue in full force and effect
after the expiration of the initial term, subject to an annual
renegotiation of the terms of compensation, unless this Agreement
is terminated by either party as hereinafter provided.
4. COMPENSATION
City agrees to pay Adjuster the following
sums for the performance of services described above with respect
to the following categories:
(a) Except as otherwise provided herein, the City
shall pay Adjuster the sum of THIRTY ONE THOUSAND FIVE HUNDRED
DOLLARS ($31,500),payable quarterly, in equal installments, to provide
all services described in paragraph 1 of this Agreement, for a period
of one year, with respect to the following:
(b) Notwithstanding the provisions of
subparagraph (a) above, with respect to investigation of claims
outside the boundaries of the County of Orange, City agrees to
pay Adjuster THIRTY DOLLARS ($30.00) per hour for services
rendered and THIRTY CENTS ($00.30) per mile for automobile
expenses.
0 0
-7-
(c) Notwithstanding the provisions of
subparagraph (a) above, with respect to claims which are as of
the commencement of this Agreement or thereafter become more than
one year old, based on the date of occurrence, City shall pay
Adjuster for the performance of all services other than Reserves
and Assignment of Counsel, as described in paragraph 1 of this
Agreement, the sum of THIRTY DOLLARS ($30.00) per hour, and
THIRTY CENTS ($00.30) per mile for automobile expenses, as well
as reimburse Adjuster on a cost basis for such additional
expenses insurred such as clerical, postage and telephone.
(d) Notwithstanding the provisions of
subparagraph (a) above, with respect to appearances in court or
before administrative bodies and /or attendance at settlement
conferences, both mandatory and voluntary, City agrees to pay
Adjuster THIRTY DOLLARS ($30.00) per hour for services rendered
and THIRTY CENTS ($00.30) per mile for automobile expense, plus
reimbursement for costs incurred such as parking.
(e) With respect to the performance of services
by adjuster, other than those described in paragraph 1, above,
such investigation of incidents of the City of Newport Beach
prior to the filing of any claim, City shall pay Adjuster the sum
of THIRTY DOLLARS ($30.00) per hour, and THIRTY CENTS ($00.30)
per mile for automobile expenses, and reimburse Adjuster, at
Adjuster's cost, for all other expenses reasonably incurred by
Adjuster in the performance of the services.
• i
-8-
(f) Notwithstanding the provisions of sub-
paragraph (a) above, City shall pay all court costs, fees and
expenses, fees for service of process, fees for attorneys, cost
of undercover operative services, costs of employing experts for
the preparation of maps, photographs, diagrams, chemical or
physical analysis, for expert advice, opinion and testimony
concerning claims under investigation or in litigation, cost of
transcripts taken at coroner's inquest, criminal or civil
proceedings, cost of copies of any public records, cost of
deposition and court reporter's fees and other similar fees
related to litigation reasonably chargeable to the investigation,
negotiation, settlement or defense of a claim or for the
protection of a subrogation right of the City.
5. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party
by giving written Notice of Intention to Terminate at lease
sixty (60) days prior to the date of termination specified in the
notices provided, however, that should City determine not to
renew this Agreement on any annual renewal date, no advance
Notice of Termination need be given Adjuster. Such Notices of
Intent to Terminate should be sent to the parties addressed as
follows:
TO CITY: CITY OF NEWPORT BEACH
ATTENTION: BILL BROWN
P.O.Box 1768
Newport Beach, Cal. 92658 -8915
TO ADJUSTER: RIVIERA AOJUSTERS
2790 Harbor Blvd., #306
Costa Mesa, Cal. 92626
0 -9- 0
6. DISPOSITION OF FILES ON TERMINATION OF AGREEMENT
(a) All files on each claim shall be the property
of City.
(b) In
the event of termination of this Agreement
by either party, City has
the following rights:
(1)
City may require Adjuster to surrender
to City all files with respect to all
claims existing as of the date of term -
nation and pay to Adjuster, within
thirty (30) days from date of
termination, sums due pursuant to
paragraph 4 (a) on a pro -rata basis, and
all other sums due Adjuster effective as
of the date of termination. Adjuster
shall have no obligation or right to
perform services pursuant to this Agree-
ment, or right to recover compensation
pursuant to this Agreement, after the
date of termination, or
(2)
City may require Adjuster, after the
effective date of termination, to
continue to perform services with
respect to some, or all, of the claims
being handled by Adjuster, with the
compensation due Adjuster based on the
terms of this Agreement.
• -10- •
7. HOLO HARMLESS
(a) Adjuster agrees to defend any legal action
commenced against City caused directly or indirectly by wrongful
or negligent acts of Adjuster, Adjuster's Officers, employees,
agents, or others engaged by Adjuster, and to indemnify City
against any loss, liability, cost or damage, including attorney's
fees, resulting therefrom.
(b) City agrees to defend any legal action
commenced against Adjuster caused directly or indirectly by
wrongful or negligent acts of City's Officers, employees, agents
or others engaged by City, and to indemnify Adjuster against any
loss, liability, cost or damage, including attorney's fees
resulting therefrom:
8. INSURANCE
On or before the commencement of the term of this
Agreement, Adjuster shall furnish the City with certificates showing
the type, amount, class of operations covered, effective dates and
dates of expiration of insurance policies. Such certificates, which
do not limit Adjuster's indemnification, shall also contain
substantially the following statement: "The insurance covered by this
certificate will not be cancelled or materially altered, except after
ten (10) days written notice has been received by the City."
• -11- •
It is agreed that Adjuster shall maintain in force at all
times during the performance of this Agreement all appropriate
policies of insurance required by this Agreement, and that said
policies of insurance shall be secured from an insurance company
assigned Policyholders' Rating A (or higher) and Financial Size
Category VII (or larger) by an industry wide standard and licensed to
do business in the State of California.
Adjuster shall maintain the following insurance coverage:
A. Liability Insurance. General liability coverage
in the following minimum limits:
Bodily injury $250,000 each person
$500,000 each occurrence
$500,000 aggregate
Property damage $100,000 each occurrence
$250,000 aggregate
B. Errors and Omissions. Errors and omissions insurance
which includes coverage for professional malpractice, in the amount of
$1,000,000. The policy shall provide for coverage of all claims
occurring during the term of the policy notwithstanding the fact that
the claim may be asserted subsequent to the expiration of the policy.
C. Subrogation Waiver. Adjuster agrees that in the event
of loss due to any of the perils for which it has agreed to provide
insurance, that Adjuster shall look solely to its insurance for
recovery. Adjuster hereby grants to City, on behalf of any insurer
providing insurance to either Adjuster or the City with respect to the
services of Adjuster herein, a waiver of any right of subrogation which
any such insurer of said Adjuster may acquire against City by virtue
of the payment of any loss under such insurance.
• -12- •
0. Failure to Secure. If Adjuster at any time during the
term hereof, should fail to secure or maintain the foregoing
insurance, City shall be permitted to obtain such insurance in the
Adjuster's name or as an agent of the Adjuster and shall be
compensated by the Adjuster for the costs of the, insurance premiums
and interest at the maximum rate permitted by law computed from the
date written notice is received that the premiums have been paid.
E. Additional Insured. The City, its City Council, boards
and commissions, officers, agents, servants and employees shall be
named as an additional insured on all policies of insurance required
by this Agreement. The naming of an additional insured shall not
affect any recovery to which such additional insured would be entitled
under this policy if not named as such additional insured and an
additional insured named herein shall not be held liable for any
premium or expense of any nature on this policy or any extension
thereof. Any other insurance held by an additional insured shall not
be required to contribute anything toward any loss or expense covered
by the insurance provided by this policy. Proceeds from any such
policy or policies shall be payable to the City primarily, and to the
Adjuster secondarily, if necessary.
9. Waiver. A waiver by the City of any breach of any
term, covenant, or condition contained herein shall not be deemed
to be a waiver of any subsequent breach of the same or any other
term, covenant, or condition contained herein whether of the same
or a different character.
-13-
0
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
"CITY"
CITY OF NEWPORT BEACH
A Municipal` Corporation
By 1
ROBERT L. WYNN
City Manager
"ADJUSTER"
RIVIERA ADJUSTERS
By, �" \
ROY A
APPROVED AS TO FORM:
I- "kj a , &-C�- ��
ROBERT H. BURNHAM
City Attorney
fiC ;A PRODUCER NUMRFR
E:
07 A 0001477
IN CONSIDERATION Q
;BELOW AND WITH 1
1.
DATE. E RENF112E ek 6tP'AGFMFNT NO I
/25/84 NEW
_.
CT
DEC LA 'GE.— CALIFORNIA
NU
ECT TO THE DESIGNATED PREMISES $H EM 4 .
RINDS ICH A SPECIFIC LIMIT OF LIABILITY IS SHOWN,SUBIECT T�.� THE
91ENTS M RE06_ :
Roy J, lien, DBA: =„
RIVIERA ADJUSTERS z
ADDRESS 2790 Nar , ,vd Y306 x�
Olumber.B�Street, T fnty. State 8 Zip No.)
2 PDIICy Pe( : • 12.01, T=1,1G TIM, L_ _From. "To. owl
2 a
LXAT REPRESENTATIVES Agent or Broker) INSURANCE`- q --iNC. j >,
Office Address �P.di�, _ _.
: Town and State 7 s ._�
MUM INSURANCE G
CHICAGO., ILLIt�01S
The Named Insured is IDdY . - Cotporatlan I'artrtme (� venture
4. Designated 'Premises (Enter ••same" df same lecatlee as: Qccupamy bE Prefpisei.
Same. OFFICE
' [] Multiple buildings or premises as designated on Supplemental Declare
5.' INSURANCE IS PROVIDED WITH RESPECT TO THE DESIGNATED PREMISES AND WtTH'LWUCT TO THM COVER'AwXNO RIND$ OF PROPERTY F'OR WHICt4 r
I r !SPECIFIC LIMIT OF LIABILITY IS SHOWN. SUBJECT IO.AEJ. OF THE TERMS OF T'IS POLICY INCCUITJt # AS�AND FNOQRSI FTS MADE A PARL HEREOF. o�
_
Coinsurance CFABu—
Ay .:
SECTION I-- 1`90PERTY COVERAGE Percentage
I �
I
Applicable.
.
Building(s) t f ^ T
4.
Personal Property of the Insl.red i
Personal Property of others -- '- .. j. -,_ ,
Addl. Cov. ISpecif� --- _ --. " --
Extra Expense $1.0,000. Valuabae Papers $73,OOae:
i l
Deductible: $ each occurrence, $ . aggregate each occurrence. • .
r .. _ °x
ctible stated above the deductible saf :.- $100 each ccurrence, fi.A(W. aggregate each occurrence 7
SECTION H— LIABILITY COVERAGE
ry and`Property Damage , �.� orm MP-290 Combined Single Limit See Endorse[Rent #2 each omrrelice $See.. :EndorS�IeU t' #Z. Medical Payments each accident
ry Liability amage Liability REFER TO.CINERAGE PART
Promises Medical Payments
IAddl. Cow. (Specify) .: +.
a pudic Period: Annual, unless otherwise it<t d u Monthly Quarterly Semi pnnuaF lOtberl
SECTION IIF- . CRIME. GOVEFa6E r� ___ ps stated m theYendorsement, made part of this Po}Iq, it indicated x.
.I 6. Forms and Endorsements made p.: t of Hi ooli y at..bme of issue pn,ert No. And Ito- Date },
�a. General *Conditions, Form rAP4 IEd. I List al! those forms and endorsements which apply to both Sechodl and Serb+.n N +adinA the i
i General Conditions. __ .'• �.
b. Section I—List only those forms and end nem its app(ymg to Section 'l: �J!jPOlo1;MP 03 MP 4 MP0420,MPQ470 MP 506.
1 C. Section fl —List only those forms. and en'f+, ealentc 'pplying to S,rtlod ILKR0093a�( 1 �3951.yJ 2 y a3,4,,M( �9 . -,
_ _ _.
I d. List only those forms and endor erne,'+ rr ,+ „ .: Section III:
ne. ,ddr, ;zo __ - '
8. lh vance Pre_miu_m is $ 822 n and payable $ _ _ at inception and_$ at each annive son
UNLESS INDICATED BY AN X IN THE (0 }; h[t W 'S NUT APPLICABLE' THE PREMIUM FOR;7NSfALIMENTS SUBSEQUENT TO IHE INITIAL INSTALLL
SHALL BE SUBJECT TO ADJUSTMENT ON Tf,E CZA,IS OF THE RATES IN EFFECT AT EACH AMWERSARY -DATE. QNOf APPj.1Ct�LE
-- —
°
„1
r
h 1V
;.
+
- l
�:°:A�?$Q��
! y
�
�
r . #. .
x C ,Y
0
TO: FINANCE DIRECTOR
FROM: CITY CLERK
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
)714) 640 -2251
i
DATE:, May 25, 1984
SUBJECT: Contract No. C -2097
Description of Contract Agreement for Professional Services
for Self- Insurance Administration
Effective date of Contract June 8, 1984
Authorized by Minute Action, approved on N/A
Contract with Riviera Adjusters
Address 2790 Harbor Blvd. #306
Costa Mesa, CA 92626
Amount of Contract See Agreement
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
AGREEMENT FOR PROFESSIONAL SERVICES
FOR SELF- INSURANCE ADMINISTRATION
RIVIERA ADJUSTERS
THIS AGREEMENT, made and entered into this day of
June, 1984, by and between CITY OF NEWPORT BEACH, a Municipal
Corporation, hereinafter referred to as "City" and RIVIERA
ADJUSTERS, hereinafter referred to as "Adjuster" is made with
reference to the following facts:
A. City maintains liability insurance with a large,
self- insured retention; and
B. City and Adjuster have an existing contractual
relationship which terminates on June 24, 1984 and it is the
desire of both parties to enter into another Agreement continuing
this relationship and making provision for claims previously
filed which are presently handled by Adjuster, as well as new
claims filed during the term of this Agreement; and
C. Adjuster is licensed in the State of California to
engage in the supervision and administration of the City's self -
insured retention program.
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
• 0
1. SERVICES TO BE PERFORMED BY ADJUSTER
Adjuster hereby agrees to effectively undertake the
investigation, supervision, administration, processing, adjust-
ment and negotiation of all existing claims, claims filed during
the term of this agreement and claims in litigation, for damages
against City, which are premised upon allegations of tortious
conduct, either negligent or intentional or similar basis of
liability for which City is alleged to be legally responsible and
which claims would be covered by general liability insurance.
(a) Administration
Create a file for each claim for administra-
tive purposes immediately upon receiving a claim from City.
Continue to maintain files on claims heretofore filed. Such
files will contain all information concerning the particular
claim and shall be open to inspection by designated representa-
tives of City upon reasonable notice to Adjuster.
(b) Reserves
Establish and maintain an estimated reserve
and report same to City on all claims.
(c) Investigation
Process and investigate all reports of acci-
dents, incidents, claims or cases which are or may be the subject
7
0
of a liability claim or litigation. Investigation shall include,
but not be limited to, the following:
(1) An on -site investigation of the incident;
(2) The taking of photographs pertinent to
the incident;
(3) Interviewing witnesses and others with
knowledge of the incident; and
(4) Such other investigation as is necessary
to determine liability and /or damages
(d) Administrative Services
Provide customary clerical services and rou-
tine correspondence, together with information on all claims
indicating the status of each reported open claim assigned to
Adjuster, the details of each claim, the outstanding reserves for
each claim and the details of all claim related payments made
during the month. The Claims information shall be forwarded to
the City of Newport Beach immediately upon any change in the
status of any claim coming within the purview of the Claims
Management System.
Complete and forward claims indexing and loss
experience, as indicated on the data in -put forms provided by the
City, for each claim as that experience occurs, for the purpose
3
1 •
of maintaining the City's Public Liability Claim Loss Analysis
System, commencing with claims occuring in the year 1977,
forward.
(e) Adjusting
Contact claimants, obtain information from
claimants regarding claims and enter into such settlement
negotiations as are authorized by City.
(f) Assignment of Counsel
At such time as litigation is commenced with
respect to any claim, Adjuster shall assign counsel to defend the
City and /or its officers, employees and representatives, advise
counsel of the facts of the case and forward to counsel all
material in Adjuster's file pertinent to such litigation.
(g) Rate for Claims Outside Scope
With respect to the performance of services by
adjuster, other than those described in paragraph 1 above, which
may be required by the City Attorney in the case of claims out-
side the scope of coverage of general liability insurance such as
inverse condemnation, City shall pay Adjuster THIRTY DOLLARS
($30.00) per hour for services rendered and THIRTY CENTS ($00.30)
per mile for automobile expense and reimburse Adjuster, at
Adjuster's cost, for all other expenses reasonably incurred by
Adjuster in the performance of the services.
4
(h) Supervision of Litigation
Adjuster shall, after assignment of counsel,
continue to supervise and maintain general control over all
litigation.
(i) Subrogation
Do whatever is necessary for the perfection of
any subrogation rights other than those that arise within the
context of the workers compensation laws of the State of
California.
2. DUTIES OF CITY
City hereby agrees to supply Adjuster with the
following services:
(a) Make available to Adjuster, at the offices of
City, all employees of City who are witnesses to an accident or
incident or who have knowledge of the event or incident which is
the subject matter of a claim.
(b) Provide Adjuster with such photographs as are
available to City, as well as engineering drawings and /or other
descriptive material of all conditions involving City property
which are alleged to be dangerous or that were damaged in the
events which produced the claim under investigation.
(c) Cooperate with Adjuster and upon reasonable
request, attend hearings and trials and shall assist in effecting
settlement, securing and giving evidence, obtaining the atten-
dance of witnesses and in the conduct of lawsuits.
(d) Provide as much information as is available to
City to Adjuster with respect to any claim.
3. TERM OF AGREEMENT
The term of this Agreement is for a period of
twelve (12) months, commencing at 12:01 a.m. on June 25, 1984 and
ending 12:00 midnight on June 30, 1985. It is the intent of the
parties that this Agreement continue in full force and effect
after expiration of the initial term, subject to an annual rene-
gotiation of the terms of compensation, unless this Agreement is
terminated by either party as hereinafter provided.
4. COMPENSATION
City agrees to pay Adjuster the following sums for
the performance of services described above with respect to the
following categories:
(a) Except as otherwise provided herein, the City
shall pay Adjuster the sum of THIRTY THOUSAND DOLLARS
($30,000.00), payable quarterly, in equal installments, to
provide all services described in paragraph 1 of this Agreement,
for a period of one year, with respect to the following:
(b) Notwithstanding the provisions of subparagraph
(a) above, with respect to investigation of claims outside the
boundaires of the County of Orange, City agrees to pay Adjuster
THIRTY DOLLARS ($30.00) per hour for services rendered and THIRTY
CENTS ($00.30) per mile for automobile expenses.
(c) Notwithstanding the provisions of subparagraph
(a) above, with respect to claims which are as of the commence-
ment of this Agreement or thereafter become more than one year
old, based on the date of occurrence, City shall pay Adjuster for
the performance of all services other than Reserves and Assign-
ment of Counsel, as described in paragraph 1 of this Agreement,
the sum of THIRTY DOLLARS ($30.00) per hour, and THIRTY CENTS
($00.30) per mile for automobile expenses, as well as reimburse
Adjuster on a cost basis for such additional expenses incurred by
Adjuster such as clerical, postage and telephone.
(d) Notwithstanding the provisions of subparagraph
(a) above, with respect to appearances in court or before
administrative bodies and /or attendance at settlement
conferences, both mandatory and voluntary, City agrees to pay
Adjuster THIRTY DOLLARS ($30.00) per hour for services rendered
and THIRTY CENTS ($00.30) per mile for automobile expense, plus
reimbursement for costs incurred such as parking.
(e) With respect to the performance of services by
adjuster, other than those described in paragraph 1, above, such
investigation of incidents of the City of Newport Beach prior to
7
E
•
the filing of any claim, City shall pay adjuster the sum of
THIRTY DOLLARS ($30.00) per hour, and THIRTY CENTS ($00.30) per
mile for automobile expenses, and reimburse adjuster, at
adjuster's cost, for all other expenses reasonably incurred by
adjuster in the performance of the services.
(f) Notwithstanding the provisions of subparagraph (a)
above, City shall pay all court costs, fees and expenses, fees
for service of process, fees for attorneys, cost of undercover
operative services, costs of employing experts for the prepara-
tion of maps, photographs, diagrams, chemical or physical analy-
sis, for expert advice, opinion and testimony concerning claims
under investigation or in litigation, cost of transcripts taken
at coroner's inquest, criminal or civil proceedings, cost of
copies of any public records, cost of deposition and court
reporter's fees and other similar fees related to litigation
reasonably chargeable to the investigation, negotiation, settle-
ment or defense of a claim or for the protection of a subrogation
right of City.
5. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party by
giving written Notice of Intention to Terminate at least sixty
(60) days prior to the date of termination specified in the
notice; provided, however, that should City determine not to
renew this Agreement on any annual renewal date, no advance
8
• M
Notice of Termination need be given to Adjuster. Such Notices of
Intent to Terminate such be sent to the parties addressed as
follows:
TO CITY: CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, Ca. 92663
TO ADJUSTER: RIVIERA ADJUSTERS
2790 Harbor Boulevard, #306
Costa Mesa, Ca. 92626
6. DISPOSITION OF FILES ON TERMINATION OF AGREEMENT
(a) All files on each claim shall be the property
of City.
(b) In the event of termination of this Agreement
by either party, City has the following rights:
(1) City may require Adjuster to surrender to
City all files with respect to all claims
existing as of the date of termination
and pay to Adjuster, within thirty (30)
days from date of termination, sums due
pursuant to paragrah 4 (a) on a pro -rata
basis, and all other sums due Adjuster
effective as of the date of
termination. Adjuster shall have no
obligation or right to perform services
pursuant to this Agreement, or right to
recover compensation pursuant to this
0
0
0
Agreement, after the date of termination;
or
(2) City may require Adjuster, after the
effective date of termination, to con-
tinue to perform services with respect to
some, or all, of the claims being handled
by Adjuster, with the compensation due
Adjuster based on the terms of this
Agreement.
7. HOLD HARMLESS
(a) Adjuster agrees to defend any legal action
commenced against City caused directly or indirectly by wrongful
or negligent acts of Adjuster, Adjuster's officers, employees,
agents or others engaged by Adjuster, and to indemnify City
against any loss, liability, cost or damage, including attorney's
fees, resulting thereform.
(b) City agrees to defend any legal action
commenced against Adjuster caused directly or indirectly by
wrongful or negligent acts of City's officers, employees, agents
or others engaged by City, and to indemnify Adjuster against nay
loss, liability, cost or damage, including attorney's fees
resulting therefrom.
10
• 0
8. INSURANCE
Adjuster will provide insurance naming City as
additional insured, providing protection to City for errors and
omissions and generaly liability in an amount not less than FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence. Said
insurance shall also be primary and not contributing with any
other insurance available to the City of Newport Beach.
11
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
APPROVED AS TO FORM
CftYy Attorney
"CITY"
CITY OF NEWPORT BEACH
A Municipal Corporation
By,"
y ,1I + MJ- �;L � V
City Manager
"ADJUSTER"
RIVIERA ADJUSTERS
By: �,..
Roy len
12
CITY OF NEWPORT BEACH
P.O. BOX 1.768, iV wPORT BEACH, CA 92663 -3884
yz.
_ 4
OFFICE OF THE CITY CLEB,.
(714) 640 -2251
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: June 8, 1983
SUBJECT: Contract No. C -2097
Description of Contract Agreement for Professional Services
for Self-Insurance Administration
Effective date of Contract June 25
Authorized by Minute Action, approved on
Contract with Riviera Adjusters
Address .2790 Harbor Boulevard, 11306
Costa Mesa. CA 92626
Amount of Contract See Agreement
4/ " Le
Wanda E. Andersen
City Clerk
WEA:lr
attach.
3300 Newport Boulevard, Newport Beach
7
AGREEMENT FOR PROFESSIONAL SERVICES
FOR SELF - INSURANCE ADMINISTRATION
RIVIERA ADJUSTERS
THIS AGREEMENT, made and entered into this 011 day of
June, 1983, by and between CITY OF NEWPORT BEACH, a Municipal
Corporation, hereinafter referred to as "City" and RIVIERA
ADJUSTERS, hereinafter referred to as "Adjuster" is made with
reference to the following facts:
A. City maintains liability insurance with a large,
self- insured retention; and
B. City and Adjuster have an existing contractual
relationship which terminates on June 24, 1983 and it is the
desire of both parties to enter into another Agreement continuing
this relationship and making provision for claims previousy filed
which are presently handled by Adjuster, as well as new claims
filed during the term of this Agreement; and
C. Adjuster is„ licensed in the State of California to
engage in the supervision and administration of the City's self -
insured retention program.
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY ADJUSTER
Adjuster hereby agrees to effectively undertake the
investigation, supervision, administration, processing, adjust-
ment and negotiation of all existing claims, claims filed during
the term of this agreement and claims in litigation, for damages
against City, which are premised upon allegations of tortious
conduct, either negligent or intentional or similar basis of
liability for which City is alleged to be legally responsible and
which claims would be covered by general liability insurance.
(a) Administration
Create a file for each claim for administra-
tive purposes immediately upon receiving a claim from City.
Continue to maintain files on claims heretofore filed. Such
files will contain all information concerning the particular
claim and shall be open to inspection by designated representa-
tives of City upon reasonable notice to Adjuster.
(b) Reserves
Establish and maintain an estimated reserve
and report same to City on all claims.
(c) Investigation
Process and investigate all reports of acci-
dents, incidents, claims or cases which are or may be the subject
of a liability claim or litigation. Investigation shall include,
but not be limited to, the following:
2
(1) An on -site investigation of the incident;
(2) The taking of photographs pertinent to
the incident;
(3) Interviewing witnesses and others with
knowledge of the incident; and
(4) Such other investigation as is necessary
to determine liability and /or damages
(d) Administrative Services
Provide customary clerical services and rou-
tine correspondence, together with information on all claims
indicating the status of each reported open claim assigned to
Adjuster, the details of each claim, the outstanding reserves for
each claim and the details of all claim related payments made
during the month. The Claims information shall be forwarded to
the City of Newport Beach immediately upon any change in the
status of any claim coming within the purview of the Claims
Management System.
(e) Adjusting
Contact claimants, obtain information from
claimants regarding claims and enter into such settlement
negotiations as are authorized by City.
3
0
0
(f) Assignment of Counsel
At such time as litigation is commenced with
respect to any claim, Adjuster shall assign counsel to defend the
City and /or its officers, employees and representatives, advise
counsel of the facts of the case and forward to counsel all
material in Adjuster's file pertinent to such litigation.
(g) Rate for Claims Outside S
With respect to the performance of services by
adjuster, other than those described in paragraph 1 above, which
may be required by the City Attorney in the case of claims out-
side the scope of coverage of general liability insurance such as
inverse condemnation, City shall pay Adjuster TWENTY EIGHT
DOLLARS ($28.00) per hour for services rendered and THIRTY CENTS
($00.30) per mile for automobile expense and reimburse Adjuster,
at Adjuster's cost, for all other expenses reasonably incurred by
Adjuster in the performance of the services.
(h) Supervision of Litigation
Adjuster shall, after assignment of counsel,
continue to supervise and maintain general control over all
litigation.
(i) Subrogation
Do whatever is necessary for the perfection of
any subrogation rights other than those that arise within the
context of the workers compensation laws of the State of
California.
4
0 0
2. DUTIES OF CITY
City hereby agrees to supply Adjuster with the
following services:
(a) Make available to Adjuster, at the offices of
City, all employees of City who are witnesses to an accident or
incident or who have knowledge of the event or incident which is
the subject matter of a claim.
(b) Provide Adjuster with such photographs as are
available to City, as well as engineering drawings and /or other
descriptive material of all conditions involving City property
which are alleged to be dangerous or that were damaged in the
events which produced the claim under investigation.
(c) Cooperate with Adjuster and upon reasonable
request, attend hearings and trials and shall assist in effecting
settlement, securing and giving evidence, obtaining the atten-
dance of witnesses and in the conduct of lawsuits.
(d) Provide as much information as is available to
City to Adjuster with respect to any claim.
3. TERM OF AGREEMENT
The term of this Agreement is for a period of
twelve (12) months, commencing at 12:01 a.m. on June 25, 1983 and
ending 12:00 midnight on June 24, 1984. It is the intent of the
parties that this Agreement continue in full force and effect
5
0 0
after expiration of the initial term, subject to an annual rene-
gotiation of the terms of compensation, unless this Agreement is
terminated by either party as hereinafter provided.
4. COMPENSATION
City agrees to pay Adjuster the following sums for
the performance of services described above with respect to the
following categories:
(a) Except as otherwise provided herein, the City
shall pay Adjuster the sum of TWENTY SIX THOUSAND DOLLARS
($26,000.00), payable quarterly, in equal installments, to
provide all services described in paragraph 1 of this Agreement,
for a period of one year, with respect to the following:
(b) Notwithstanding the provisions of subparagraph
(a) above, with respect to investigation of claims outside the
boundaires of the County of Orange, City agrees to pay Adjuster
TWENTY EIGHT DOLLARS ($28.00) per hour for services rendered and
THIRTY CENTS ($00.30) per mile for automobile expenses.
(c) Notwithstanding the provisions of subparagraph
(a) above, with respect to claims which are as of the commence-
ment of this Agreement or thereafter become more than one year
old, based on the date of occurrence, City shall pay Adjuster for
the performance of all services other than Reserves and Assign-
ment of Counsel, as described in paragraph 1 of this Agreement,
0
the sum of TWENTY EIGHT DOLLARS ($28.00) per hour, and THIRTY
CENTS ($00.30) per mile for automobile expenses, as well as reim-
burse Adjuster on a cost basis for such additional expenses
incurred by Adjuster such as clerical, postage and telephone.
(d) Notwithstanding the provisions of subparagraph
(a) above, with respect to appearances in court or before
administrative bodies and /or attendance at settlement
conferences, both mandatory and voluntary, City agrees to pay
Adjuster TWENTY EIGHT DOLLARS ($28.00) per hour for services ren-
dered and THIRTY CENTS ($00.30) per mile for automobile expense,
plus reimbursement for costs incurred such as parking.
(e) With respect to the performance of services by
adjuster, other than those described in paragraph 1, above, such
investigation of incidents of the City of Newport Beach prior to
the filing of any claim, City shall pay adjuster the sum of
TWENTY EIGHT DOLLARS ($28.00) per hour, and THIRTY CENTS ($00.30)
per mile for automobile expenses, and reimburse adjuster, at
adjuster's cost, for all other expenses reasonably incurred by
adjuster in the performance of the services.
(f) Notwithstanding the provisions of subparagraph (a)
above, City shall pay all court costs, fees and expenses, fees
for service of process, fees for attorneys, cost of undercover
operative services, costs of employing experts for the prepara-
7
0 0
tion of maps, photographs, diagrams, chemical or physical analy-
sis, for expert advice, opinion and testimony concerning claims
under investigation or in litigation, cost of transcripts taken
at coroner's inquest, criminal or civil proceedings, cost of
copies of any public records, cost of deposition and court
reporter's fees and other similar fees related to litigation
reasonably chargeable to the investigation, negotiation, settle-
ment or defense of a claim or for the protection of a subrogation
right of City.
5. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party by
giving written Notice of Intention to Terminate at least sixty
(60) days prior to the date of termination specified in the
notice; provided, however, that should City determine not to
renew this Agreement on any annual renewal date, no advance
Notice of Termination need be given to Adjuster. Such Notices of
Intent to Terminate such be sent to the parties addressed as
follows:
TO CITY: CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, Ca. 92663
TO ADJUSTER: RIVIERA ADJUSTERS
2790 Harbor Boulevard, #306
Costa Mesa, Ca. 92626
E7
•
6. DISPOSITION OF FILES ON TERMINATION OF AGREEMENT
(a) All files on each claim shall be the property
of City.
(b) In the event of termination of this Agreement
by either party, City has the following rights:
(1) City may require Adjuster to surrender to
City all files with respect to all claims
existing as of the date of termination
and pay to Adjuster, within thirty (30)
days from date of termination, sums due
pursuant to paragrah 4 (a) on a pro -rata
basis, and all other sums due Adjuster
effective as of the date of
termination. Adjuster shall have no
obligation or right to perform services
pursuant to this Agreement, or right to
recover compensation pursuant to this
Agreement, after the date of termination;
or
(2) City may require Adjuster, after the
effective date of termination, to con-
tinue to perform services with respect to
some, or all, of the claims being handled
0
•
by Adjuster, with
the
compensation
due
Adjuster based on
the
terms of
this
Agreement.
7. HOLD HARMLESS
(a) Adjuster agrees to defend any legal action
commenced against City caused directly or indirectly by wrongful
or negligent acts of Adjuster, Adjuster's officers, employees,
agents or others engaged by Adjuster, and to indemnify City
against any loss, liability, cost or damage, including attorney's
fees, resulting thereform.
(b) City agrees to defend any legal action
commenced against Adjuster caused directly or indirectly by
wrongful or negligent acts of City's officers, employees, agents
or others engaged by City, and to indemnify Adjuster against nay
loss, liability, cost or damage, including attorney's fees
resulting therefrom.
8. INSURANCE
Adjuster will provide insurance naming City as
additional insured, providing protection to City for errors and
omissions and generaly liability in an amount not less than FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence. Said
insurance shall also be primary and not contributing with any
other insurance available to the City of Newport Beach.
10
n
U
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
APPROVED AS TO FORM
City Attorney
"CITY"
CITY OF NEWPORT BEACH
A Municipal Corporation
'a
By W
City Manager
"ADJUSTER"
RIVIERA ADJUSTERS
Roy 1 n
11
CITY OF NEWPORT BEACH
u
OFFICE OF THE CITY CLERK
�Cutemn (714) 640 -2251
DATE: June 21, 1982 (1 (q�w �0 �,Wl U,.,)
TOe PTNANCF. nTRF.CTnR
FROM:" City Clerk
SUBJECT: Contract No. C -2097
Description of Contract Agreement for Professional
Services for Self= Insurance Administration
Effective date of Contract June 18, 1982
Authorized by Resolution No. 82-77 adopted on 6/14/82
Contract with Riviera Adiusters
Address 2790 Harbor Boulevard, #306
Costa Mesa, CA 92626
Amount of Contract See Agreement (See Page 6)
Wanda E, Andersen� %��i'l�
City Clerk
WEA:lr
City Hall • 3300 Newport Boulevard, = Newport Be h; C
6 6
_.
C- `1
CITY OF NEWPORT BEACH
JUN 14 1982 OFFICE OF THE CITY MANAGER
{y (-ATY COUVOL June 8, 1982
CITY OF "Wow W004
COUNCIL AGENDA N0. F2(e)
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: GENERAL LIABILITY CLAIMS ADJUSTING SERVICES; CONTRACT RENEWAL
RECOMMENDATION: That Council approve the renewal of a service agreement
with Riviera Adjusters to adjust liability claims filed against the
City.
DISCUSSION: On July 25, 1977, the City initially contracted for adjusting
services with an outside agency when it was compelled to accept large
self - insured retention (SIR) coverage in its general liability insurance
program and the obligation to administer its own liability claims.
General liability insurance at a reasonable cost without a large
SIR has not been available since that time.
The agreement provides that Riviera Adjusters will be paid the sum
of $23,800.00 for field adjusting and administration of all liability claims
against the City, submitted to them during the period of his ✓agreement.
Robert L. Wynn
r
• RESOLUTION NO.8 2 . 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF NEWPORT BEACH AND RIVIERA ADJUSTERS
FOR INSURANCE PROCESSING OF CITY'S CLAIMS
(1982' -83)
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Agreement between the City
of Newport Beach and Riviera Adjusters in connection with
insurance processing of claims for the City of Newport Beach; and
WHEREAS, the City Council of the City of Newport Beach
has reviewed the terms and conditions of said Agreement and finds
them to be satisfactory and that it would be in the best
interests of the City of Newport Beach to execute said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Agreement above - described be
and hereby is approved and the Mayor and City Clerk are hereby
authorized and directed to execute same on behalf of the City of
Newport Beach.
ADOPTED this JUN14 day of , 1982.
ATTEST:
City Clerk
Mayor
t'
• ORIGINAL •
AGREEMENT FOR PROFESSIONAL SERVICES
FOR SELF - INSURANCE ADMINISTRATION
RIVIERA ADJUSTERS
C - ao� `7
THIS AGREEMENT, made and entered into this Za day of
June, 1982, by and between CITY OF NEWPORT BEACH, a Municipal
Corporation, hereinafter referred to as "City" and RIVIERA
ADJUSTERS, hereinafter referred to as "Adjuster" is made with
reference to the following facts:
A. City maintains liability insurance with a large,
self- insured retention; and
B. City and Adjuster have an existing contractual
relationship which terminates on June 24, 1982 and it is the
desire of both parties to enter into another Agreement continuing
this relationship and making provision for claims previousy filed
which are presently handled by Adjuster, as well as new claims
filed during the term of this Agreement; and
C. Adjuster is licensed in the State of California to
engage in the supervision and administration of the City's self -
insured retention program.
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
0
0
1. SERVICES TO BE PERFORMED BY ADJUSTER
Adjuster hereby agrees to effectively undertake the
investigation, supervision, administration, processing, adjust-
ment and negotiation of all existing claims, claims filed during
the term of this agreement and claims in litigation, for damages
against City, which are premised upon allegations of tortious
conduct, either negligent or intentional or similar basis of
liability for which City is alleged to be legally responsible and
which claims would be covered by general liability insurance.
(a) Administration
Create a file for each claim for administra-
tive purposes immediately upon receiving a claim from City.
Continue to maintain files on claims heretofore filed. Such
files will contain all information concerning the particular
claim and shall be open to inspection by designated representa-
tives of City upon reasonable notice to Adjuster.
(b) Reserves
Establish and maintain an estimated reserve
and report same to City on all claims.
(c) Investigation
Process and investigate all reports of acci-
dents, incidents, claims or cases which are or may be the subject
of a liability claim or litigation. Investigation shall include,
but not be limited to, the following:
2
0 0
(1) An on -site investigation of the incident;
(2) The taking of photographs pertinent to
the incident;
(3) Interviewing witnesses and others with
knowledge of the incident; and
(4) Such other investigation as is necessary
to determine liability and /or damages
(d) Administrative Services
Provide customary clerical services and rou-
tine correspondence, together with information on all claims
indicating the status of each reported open claim assigned to
Adjuster, the details of each claim, the outstanding reserves for
each claim and the details of all claim related payments made
during the month. The Claims information shall be forwarded to
the City of Newport Beach immediately upon any change in the
status of any claim coming within the purview of the Claims
Management System.
(e) Adjusting
Contact claimants, obtain information from
claimants regarding claims and enter into such settlement
negotiations as are authorized by City.
3
0
0
(f) Assignment of Counsel
At such time as litigation is commenced with
respect to any claim, Adjuster shall assign counsel to defend the
City and /or its officers, employees and representatives, advise
counsel of the facts of the case and forward to counsel all
material in Adjuster's file pertinent to such litigation.
(g) Rate for Claims Outside Scope
With respect to the performance of services by
adjuster, other than those described in paragraph 1 above, which
may be required by the City Attorney in the case of claims out-
side the scope of coverage of general liability insurance such as
inverse condemnation, City shall pay Adjuster TWENTY SEVEN
DOLLARS ($27.00) per hour for services rendered and THIRTY CENTS
($00.30) per mile for automobile expense and reimburse Adjuster,
at Adjuster's cost, for all other expenses reasonably incurred by
Adjuster in the performance of the services.
(h) Supervision of Litigation
Adjuster shall, after assignment of counsel,
continue to supervise and maintain general control over all
litigation.
(i) Subrogation
Do whatever is necessary for the perfection of
any subrogation rights other than those that arise within the
context of the workers compensation laws of the State of
California.
4
0
2. DUTIES OF CITY
City hereby agrees to supply Adjuster with the
following services:
(a) Make available to Adjuster, at the offices of
City, all employees of City who are witnesses to an accident or
incident or who have knowledge of the event or incident which is
the subject matter of a claim.
(b) Provide Adjuster with such photographs as are
available to City, as well as engineering drawings and /or other
descriptive material of all conditions involving City property
which are alleged to be dangerous or that were damaged in the
events which produced the claim under investigation.
(c) Cooperate with Adjuster and upon reasonable
request, attend hearings and trials and shall assist in effecting
settlement, securing and giving evidence, obtaining the atten-
dance of witnesses and in the conduct of lawsuits.
(d) Provide as much information as is available to
City to Adjuster with respect to any claim.
3. TERM OF AGREEMENT
The term of this Agreement is for a period of
twelve (12) months, commencing at 12:01 a.m. on June 25, 1982 and
ending 1200. wiOnight on June 24, 1983.:. it is the intent of the
parties that this Agreement continue in full force and effect
5
0
0
after expiration of the initial term, subject to an annual rene-
gotiation of the terms of compensation, unless this Agreement is
terminated by either party as hereinafter provided.
4.
City agrees to pay Adjuster the following sums for
the performance of services described above with respect to the
following categories:
(a) Except as otherwise provided herein, the City
shall pay Adjuster the sum of TWENTY THREE THOUSAND EIGHT HUNDRED
DOLLARS ($23,800.00), payable quarterly, in equal installments,
to provide all services described in paragraph 1 of this Agree-
ment, for a period of one year, with respect to the following:
(b) Notwithstanding the provisions of subparagraph
(a) above, with respect to investigation of claims outside the
boundaires of the County of Orange, City agrees to pay Adjuster
TWENTY SEVEN DOLLARS ($27.00) per hour for services rendered and
THIRTY CENTS ($00.30) per mile for automobile expenses.
(c) Notwithstanding the provisions of subparagraph
(a) above, with respect to claims which are as of the commence-
ment of this Agreement or thereafter become more than one year
old, based on the date of occurrence, City shall pay Adjuster for
the performance of all services other than Reserves and Assign-
ment of Counsel, as described in paragraph 1 of this Agreement,
0
• •
the sum of TWENTY SEVEN DOLLARS ($27.00) per hour, and THIRTY
CENTS ($00.30) per mile for automobile expenses, as well as reim-
burse Adjuster on a cost basis for such additional expenses
incurred by Adjuster such as clerical, postage and telephone.
(d) Notwithstanding the provisions of subparagraph
(a) above, with respect to appearances in court or before
administrative bodies and /or attendance at settlement
conferences, both mandatory and voluntary, City agrees to pay
Adjuster TWENTY SEVEN DOLLARS ($27.00) per hour for services ren-
dered and THIRTY CENTS ($00.30) per mile for automobile expense,
plus reimbursement for costs incurred such as parking.
(e) With respect to the performance of services by
adjuster, other than those described in paragraph 1, above, such
investigation of incidents of the City of Newport Beach prior to
the filing of any claim, City shall pay adjuster the sum of
TWENTY SEVEN DOLLARS ($27.00) per hour, and THIRTY CENTS ($00.30)
per mile for automobile expenses, and reimburse adjuster, at
adjuster's cost, for all other expenses reasonably incurred by
adjuster in the performance of the services.
(f) Notwithstanding the provisions of subparagraph (a)
above, City shall pay all court costs, fees and expenses, fees
for service of process, fees for attorneys, cost of undercover
operative services, costs of employing experts for the prepara-
7
0 0
tion of maps, photographs, diagrams, chemical or physical analy-
sis, for expert advice, opinion and testimony concerning claims
under investigation or in litigation, cost of transcripts taken
at coroner's inquest, criminal or civil proceedings, cost of
copies of any public records, cost of deposition and court
reporter's fees and other similar fees related to litigation
reasonably chargeable to the investigation, negotiation, settle-
ment or defense of a claim or for the protection of a subrogation
right of City.
5. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party by
giving written Notice of Intention to Terminate at least sixty
(60) days prior to the date of termination specified in the
notice; provided, however, that should City determine not to
renew this Agreement on any annual renewal date, no advance
Notice of Termination need be given to Adjuster. Such Notices of
Intent to Terminate such be sent to the parties addressed as
follows:
TO CITY: CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, Ca. 92663
TO ADJUSTER: RIVIERA ADJUSTERS
2790 Harbor Boulevard, $306
Costa Mesa, Ca. 92626
9
0 0
6. DISPOSITION OF
FILES ON
TERMINATION
OF
AGREEMENT
City may require Adjuster to surrender to
City all files with respect to all claims
(a) All files
on each
claim shall
be
the property
of City.
(b) In
the event of termination of this Agreement
by either party, City
has the following rights:
(1)
City may require Adjuster to surrender to
City all files with respect to all claims
existing as of the date of termination
and pay to Adjuster, within thirty (30)
days from date of termination, sums due
pursuant to paragrah 4 (a) on a pro -rata
basis, and all other sums due Adjuster
effective as of the date of
termination. Adjuster shall have no
obligation or right to perform services
pursuant to this Agreement, or right to
recover compensation pursuant to this
Agreement, after the date of termination;
or
(2)
City may require Adjuster, after the
effective date of termination, to con-
tinue to perform services with respect to
some, or all, of the claims being handled
E
0
by Adjuster, with the compensation due
Adjuster based on the terms of this
Agreement.
7. HOLD HARMLESS
(a) Adjuster agrees to defend any legal action
commenced against City caused directly or indirectly by wrongful
or negligent acts of Adjuster, Adjuster's officers, employees,
agents or others engaged by Adjuster, and to indemnify City
against any loss, liability, cost or damage, including attorney's
fees, resulting thereform.
(b) City agrees to defend any legal action
commenced against Adjuster caused directly or indirectly by
wrongful or negligent acts of City's officers, employees, agents
or others engaged by City, and to indemnify Adjuster against nay
loss, liability, cost or damage, including attorney's fees
resulting therefrom.
8. INSURANCE
Adjuster will provide insurance naming City as
additional insured, providing protection to City for errors and
omissions and generaly liability in an amount not less than FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence. Said
insurance shall also be primary and not contributing with any
other insurance available to the City of Newport Beach.
10
• •
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
"CITY"
CITY OF NEWPORT BEACH
A Municipal Corporation
'i
ATTEST:
City Clerk
"ADJUSTER"
RIVIERA ADJUSTERS
By:
APPROVED AS TO FORM
� /j MA
City Atto ney
11
ab 4'
DATE July 30 r 1981
CITY OF NEWPORT BEACH
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. C -2097
OFFICE OF THE CITY CLERK
(714) 640 -2251
Description of Contract Agreement for Professional
Services for Self - Insurance Administration
Effective date of Contract June 25, 1981
Authorized by Resolution No. 10074 , adopted on July 27, 1981
Contract with Riviera Adjusters
Adress 2790 Harbor Boulevard, #306
Costa Mesa. CA 92626
Amount of Contract $ See Contract
/s/ Wanda E. Andersen
WANDA E. ANDERSEN
City Clerk
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
.5-81. .
H..
nom, u-
r
JUN ?, 2 1991
By the Q 1 Y COUNCIL
CITY Ci: k- 1.4 -WRART BEACH
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
JUNE 22, 1981
TO:, MAYOR AND CITY COUNCIL
FROM: City manager
COUNCIL AGENDA NO. F -. V2"
SUBJECT: GENERAL LIABILITY CLAIMS ADJUSTING SERVICES; CONTRACT RENEWAL
RECOMMENDATION: That Council approve, by Resolution, renewal of a service
agreement with Riviera Adjusters to adjust liability claims filed against
the City.
DISCUSSION: In recent years the City has had difficulties in acquiring
general liability insurance at reasonable premium rates. In order to
minimize rapidly increasing insurance costs the City has had to accept
relatively large self- insurance retention (SIR) provisions in its insuring
agreements. In the current year the City's SIR is $100,000.00 per claim.
All claims expenses up to that amount must be paid by the City, including
claims adjusting costs. On July 25, 1977, the City initially contracted for
adjusting services with an outside agency, and has done so yearly since that
date.
Acceptance of this recommendation authorizes the Mayor and City Clerk to
execute the renewal of the Riviera Adjusters service agreement. The
agreement provides that the City will pay the sum of twenty -two thousand
dollars ($22,000.00) during the period of this contract for their services.
F taIV `
Robert L. Wynn
..
RESOLUTION NO."0 0 714A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL SERVICES FOR SELF - INSURANCE
ADMINISTRATION BETWEEN THE CITY OF NEWPORT
BEACH AND RIVIERA ADJUSTERS.
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Agreement for Professional
Services for Self- Insurance Administration between the City of
Newport Beach and Riviera Adjuster; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Agreement and finds them to be satisfactory
and that it would be in the best interest of the City to execute
said Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Agreement above described is
approved and the Mayor and City Clerk are hereby authorized and
directed to execute the same on behalf of the City of Newport
Beach.
ATTEST:
City Clerk
ADOPTED this day of JUN 22 , 1981.
Mayor
HRC /pr
6/22/81
v
H
0
ra � ri
AGREEMENT FOR PROFESSIONAL SERVICES
FOR SELF - INSURANCE ADMINISTRATION
RIVIERA ADJUSTERS
THIS AGREEMENT, made and entered into this 25th day of
June, 1981, by and between CITY OF NEWPORT BEACH, a Municipal
Corporation, hereinafter referred to as "City" and RIVIERA
ADJUSTERS, hereinafter referred to as "Adjuster" is made with
reference to the following facts:
A. City maintains liability insurance with a large,
self- insured retention; and
B. City and Adjuster have an existing contractual
relationship which terminates on June 24, 1981 and it is the
desire of both parties to enter into another agreement continuing
this relationship and making provision for claims previousy filed
which are presently handled by Adjuster, as well as new claims
filed during the term of this Agreement; and
C. Adjuster is licensed in the State of California to
engage in the supervision and administration of the City's self-
insured retention program.
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY ADJUSTER
Adjuster hereby agrees to effectively undertake the
investigation, supervision, administration, processing, adjust-
ment and negotiation of all existing claims, claims filed during
the term of this agreement and claims in litigation, for damages
against City, which are premised upon allegations of tortious
conduct for which City is alleged to be legally responsible and
which claims come within the scope of coverage of general
liability insurance.
(a) Administration
Create a file for each claim for administra-
tive purposes immediately upon receiving a claim from City.
Continue to maintain files on claims heretofore filed. Such
files will contain all information concerning the particular
claim and shall be open to inspection by designated representa-
tives of City upon reasonable notice to Adjuster.
(b) Reserves
Establish and maintain an estimated reserve
and report same to City on all claims.
2
r-_l
L --A
ft
(c) Investigation
Process and investigate all reports of acci-
dents, incidents, claims or cases which are or may be the subject
of a liability claim or litigation. Investigation shall include,
but not be limited to, the following:
(1) An on -site investigation of the incident;
(2) The taking of photographs pertinent to
the incident;
(3) Interviewing witnesses and others with
knowledge of the incident; and
(4) Such other investigation as is necessary
to determine liability and /or damages
(d) Administrative Services
Provide customary clerical and routine corres-
pondence, together with tabulated monthly status reports on all
claims, indicating the status of each reported open claim assign-
ed to Adjuster, the details of each claim, the outstanding
reserves for each claim and the details of all claim payments
made during the month. The status report shall be deliverd to
City within twenty (20) days of the close of each calendar month.
K
w a
(e) Adjusting
Contact claimants, obtain information from
claimants regarding claims and enter into such settlement
negotiations as are authorized by City.
(f) Assignment of Counsel
At such time as litigation is commenced with
respect to any claim, Adjuster shall assign counsel to defend the
City and /or its officers, employees and representatives, advise
counsel of the facts of the case and forward to counsel all
material in Adjuster's file pertinent to such litigation.
(g) Supervision of Litigation
Adjuster shall, after assignment of counsel,
continue to supervise and maintain general control over all
litigation.
(h) Subrogation
Do whatever is necessary for the perfection of
any subrogation rights other than those that arise within the
context of the workers compensation laws of the State of
California.
4
a N
2. DUTIES OF CITY
City hereby agrees to supply Adjuster with the
following services:
(a) Make available to Adjuster, at the offices of
City, all employees of City who are witnesses to an accident or
incident or who have knowledge of the event or incident which is
the subject matter of a claim.
(b) Provide Adjuster with such photographs as are
available to City, as well as engineering drawings and /or other
descriptive material of all conditions involving City property
which are alleged to be dangerous or that were damaged in the
events which produced the claim under investigation.
(c) Cooperate with Adjuster and upon reasonable
request, attend hearings and trials and shall assist in effecting
settlement, securing and giving evidence, obtaining the
attendance of witnesses and in the conduct of lawsuits.
(d) Provide as much information as is available to
City to Adjuster with respect to any claim.
I
a
N
3. TERM OF AGREEMENT
The term of this Agreement is for a period of
twelve (12) months, commencing at 12:01 a.m. on June 25, 1981 and
endinging 12 :00 midnight on June 24, 1982. It is the intent of
the parties that this Agreement continue in full force and effect
after expiration of the initial term, subject to an annual rene-
gotiation of the terms of compensation, unless this Agreement is
terminated by either party as hereinafter provided.
4. COMPENSATION
City agrees to pay Adjuster the following sums for
the performance of services described above with respect to the
following categories:
(a) Except as otherwise provided herein, the City
shall pay Adjuster the sum of TWENTY TWO THOUSAND DOLLARS
($22,000.00), payable quarterly, in equal installments, to
provide all services described in paragraph 1 of this Agreement,
for a period of one year, with respect to the following:
(b) Notwithstanding the provisions of subparagraph
(a) above, with respect to investigation of claims outside the
boundaires of the County of Orange, City agrees to pay Adjuster
TWENTY FIVE DOLLARS ($25.00) per hour for services rendered and
THIRTY FIVE CENTS ($00.35) per mile for automobile expenses.
N
a r
(c) Notwithstanding the provisions of subparagraph
(a) above, with respect to claims which are as of the commence-
ment of this Agreement or thereafter become more than one year
old, based on the date of occurrence, City shall pay Adjuster for
the performance of all services other than Reserves and Assign-
ment of Counsel, as described in paragraph 1 of this Agreement,
the sum of TWENTY FIVE DOLLARS ($25.00) per hour, and THIRTY FIVE
CENTS ($00.35) per mile for automobile expenses, as well as reim-
burse Adjuster on a cost basis for such additional expenses
incurred by Adjuster such as clerical, postage and telephone.
(d) Notwithstanding the provisions of subparagraph
(a) above, with respect to appearances in court or before
administrative bodies and /or attendance at settlement
conferences, both mandatory and voluntary, City agrees to pay
Adjuster TWENTY FIVE DOLLARS ($25.00) per hour for services ren-
dered and THIRTY FIVE CENTS ($00.35) per mile for automobile
expense, plus reimbursement for costs incurred such as parking.
(e) With respect to the performance of services by
adjuster, other than those described in paragraph 1, above, such
investigation of incidents of the City of Newport Beach prior to
the filing of any claim, City shall pay adjuster the sum of
TWENTY -FIVE DOLLARS ($25.00) per hour, and THIRTY -FIVE CENTS
($00.35) per mile for automobile expenses, and reimburse
adjuster, at adjuster's cost, for all other expenses reasonably
incurred by adjuster in the performance of the services.
7
a a
(f) Notwithstanding the provisions of subparagraph (a)
above, City shall pay all court costs, fees and expenses, fees
for service of process, fees for attorneys, cost of undercover
operative services, costs of employing experts for the
preparation of maps, photographs, diagrams, chemical or physical
analysis, for expert advice, opinion and testimony concerning
claims under investigation or in litigation, cost of transcripts
taken at coroner's inquest, criminal or civil proceedings, cost
of copies of any public records, cost of deposition and court
reporter's fees and other similar fees related to litigation
reasonably chargeable to the investigation, negotiation, settle-
ment or defense of a claim or for the protection of a subrogation
right of City.
(g) In the event that City, during the term of
this Agreement, undertakes the tabulation of monthly status re-
ports, then the compensation provided for in paragraph 4 (a)
shall be reduced by an amount equivalent to the number of months
remaining on the term of this Agreement multiplied by ONE HUNDRED
FIFTY DOLLARS ($150.00).
n
• w
5. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party by
giving written Notice of Intention to Terminate at least sixty
(60) days prior to the date of termination specified in the
notice; provided, however, that should City determine not to
renew this Agreement on any annual renewal date, no advance
Notice of Termination need be given to Adjuster. Such Notices of
Intent to Terminate such be sent to the parties addressed as
follows:
of City.
TO CITY: CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, Ca. 92663
TO ADJUSTER: RIVIERA ADJUSTERS
2790 Harbor Boulevard, #306
Costa Mesa, Ca. 92626
6. DISPOSITION OF FILES ON TERMINATION OF AGREEMENT
(a) All files on each claim shall be the property
(b) In the event of termination of this Agreement
by either party, City has the following rights:
E
0 a
(1) City may require Adjuster to surrender to
City all files with respect to all claims
existing as of the date of termination
and pay to Adjuster, within thirty (30)
days from date of termination, sums due
pursuant to paragrah 4 (a) on a pro -rata
basis, and all other sums due Adjuster
effective as of the date of
termination. Adjuster shall have no
obligation or right to perform services
pursuant to this Agreement, or right to
recover compensation pursuant to this
Agreement, after the date of termination;
or
(2) City may require Adjuster, after the
effective date of termination, to
continue to perform services with respect
to some, or all, of the claims being
handled by Adjuster, with the compensa-
tion due Adjuster based on the terms of
this Agreement.
10
•
a
7. HOLD HARMLESS
(a) Adjuster agrees to defend any legal action
commenced against City caused directly or indirectly by wrongful
or negligent acts of Adjuster, Adjuster's officers, employees,
agents or others engaged by Adjuster, and to indemnify City
against any loss, liability, cost or damage, including attorney's
fees, resulting thereform.
(b) City agrees to defend any legal action
commenced against Adjuster caused directly or indirectly by
wrongful or negligent acts of City's officers, employees, agents
or others engaged by City, and to indemnify Adjuster against nay
loss, liability, cost or damage, including attorney's fees
resulting therefrom.
8. INSURANCE
Adjuster will provide insurance naming City as
additional insured, providing protection to City for errors and
omissions and generaly liability in an amount not less than FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence. Said
insurance shall also be primary and not contributing with any
other insurance available to the City of Newport Beach.
11
•
[11
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
ATTEST:
,I
City Clerk
APPROVED AS TO FORM
city Attorney
"CITY"
CITY OF NEWPORT BEACH
A Municipal Corporation
ay
"ADJUSTER"
RIVIERA ADJUSTERS +a
Roy A len
12
oc: City Attoxney
Insurance Aca.
_.�_ x
�.
062380
• 063080
AGREEMENT FOR PROFESSIONAL SERVICES
FOR SELF - INSURANCE ADMINISTRATION
(Riviera Adjusters)
THIS AGREEMENT, made and entered into this 25th
day of JUNE
1980, by and between
CITY OF NEWPORT BEACH,
a municipal corporation,
hereinafter "City,"
A N D
RIVIERA ADJUSTERS, a co-
partnership, hereinafter
"Adjuster,"
is made with reference to the following facts:
A. City maintains liability insurance with a self-
insured retention; and
B. City and Adjuster have an existing contractual
relationship, which would terminate June 24, 1980, and it is
the desire of both parties to enter into another agreement
continuing this relationship and making provision for claims
previously filed which are presently handled by Adjuster; and
C. Adjuster is licensed in the State of California
to engage in the supervision and administration of the City's
self- insured retention program,
0
NOW, THEREFORE, in consideration of the foregoing,
the parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY ADJUSTER
Adjuster hereby agrees to effectively undertake
the investigation, supervision, administration, processing,
adjustment, and negotiation of all existing claims, potential
claims, and claims in litigation, for damages against City,
which are premised upon allegations of tortious conduct for
which City is alleged to be legally responsible, which services
are more particularly described below:
A. Administration
Create a file for each claim for administra-
tive purposes immediately upon receiving claim from City.
Continue to maintain files on claims heretofore filed.
Such files will contain all information concerning the
particular claim and shall be open to inspection by
designated representatives of City upon reasonable notice
to Adjuster.
B. Reserves
Establish and maintain an estimated reserve
and report same to City on all claims.
-2-
0
0
C. Investigation
Process and investigate all reports of
accidents, incidents, claims or cases which are or
may be the subject of a liability claim or litigation.
Investigation shall include, but not be limited to,
the following:
(1) An on -site investigation of the
incident;
(2) The taking of photographs perti-
nent to the incident;
(3) Interviewing witnesses and others
with knowledge of the incident; and
(4) Such other investigation as is
necessary to determine liability and /or
damages.
D. Administrative Services
Provide customary clerical and routine
correspondence together with tabulated monthly status
reports on all claims, indicating the status of each
reported open claim assigned to Adjuster, the details
of each claim, the outstanding reserves for each claim,
and the details of all claim payments made during the
month. The status report shall be delivered to City
within twenty (20) days of the close of each calendar
month.
-3-
0
E. Adjusting
Contact claimants, obtain information from
claimants regarding claims, and enter into such settle-
ment negotiations as are authorized by City.
F. Assignment of Counsel
At such time as litigation is commenced
with respect to any claim, Adjuster shall assign counsel
to defend the City and /or its officers, employees and
representatives, advise counsel of the facts of the case,
and forward to counsel all material in Adjuster's file
pertinent to such litigation.
G. Supervision of Litigation
Adjuster shall, after assignment of counsel,
continue to supervise and maintain general control over
all litigation.
H. Subrogation
Do whatever is necessary for the perfection
of any subrogation rights that may inure to the benefit
of City and pursue such rights to conclusion.
2. DUTIES OF CITY
City hereby agrees to supply Adjuster with the
following services:
-4-
0 0
A. Make available to Adjuster, at the offices
of City, all employees of City who are witnesses to an
accident or incident or who have knowledge of the event
or incident which is the subject matter of a claim.
B. Provide Adjuster with such photographs as
are available to City, as well as engineering drawings
and /or other descriptive material of all conditions
involving City property which are alleged to be dangerous
or that were damaged in the events which produced the
claim under investigation.
C. Cooperate with Adjuster and, upon reasonable
request, attend hearings and trials and shall assist in
effecting settlement, securing and giving evidence,
obtaining the attendance of witnesses, and in the con-
duct of lawsuits.
D. Provide as much information as is available
to City to Adjuster with respect to any claim.
3. TERM OF AGREEMENT
The term of this Agreement is for a period of
twelve (12) months, commencing at 12:01 a.m. on June 25, 1980,
and ending 12:00 Midnight on June 24, 1981. It is the intent
of the parties that this Agreement continue in full force and
-5-
0
effect, after expiration of the initial term, subject to
an annual renegotiation of the terms of compensation, unless
this Agreement is terminated by either party as hereinafter
provided.
4. COMPENSATION
City agrees to pay Adjuster the following sums
for the performance of services described above with respect
to the following categories:
A. Except as otherwise provided herein, with
respect to all claims wherein the date of occurrence
falls within the term of this Agreement and all claims
filed during, and prior to, the previous contract
period (June 25, 1979, through June 24, 1980), City
shall pay Adjuster the sum of Nineteen Thousand Two
Hundred Dollars ($19,200.00), payable quarterly in equal
installments, to provide all services set forth herein.
B. Notwithstanding the provisions of subpara-
graph A above, with respect to investigation of claims
ourside the boundaries of the County of Orange, City
agrees to pay Adjuster Twenty -Two Dollars ($22.00) per
hour for services rendered and Thirty Cents ($.30) per
mile for automobile expense.
-6- 063080
0 0
C. Notwithstanding the provisions of subpara-
graph A above, with respect to claims which are as of the
commencement of this Agreement, or thereafter become,
more than one year old based on the date of occurrence,
City shall pay Adjuster for the performance of all
services other than Reserves and Assignment of Counsel,
as described in paragraph 1 of this Agreement, the sum
of Twenty -Two Dollars ($22.00) per hour and Thirty Cents
($.30) per mile for automobile expense, as well as addi-
tional expenses incurred such as clerical, postal and
telephone.
D. Notwithstanding the provisions of subpara-
graph A above, with respect to court appearances, settlement
conferences, and /or mandatory settlement conferences requir-
ing attendance by Adjuster, City agrees to pay Adjuster
Twenty -Two Dollars ($22.00) per hour for services rendered,
and Thirty Cents ($.30) per mile for automobile expense,
plus parking charges incurred.
E. Notwithstanding the provisions of subparagraph
A above, City shall pay all court costs, fees and expenses,
fees for service of process, fees of attorneys, cost of
undercover operative services, costs of employing experts
for the preparation of maps, photographs, diagrams, chemi-
-7- 063080
%tA
0
cal or physical analysis, for expert advice, opinion
and testimony concerning claims under investigation or
in litigation, cost of transcripts taken at coroner's
inquest, criminal or civil proceedings, cost of copies
of any public records, cost of deposition and court
reporter's fees, and other similar fees related to liti-
gation reasonably chargeable to the investigation, nego-
-7(a)-
tiation, settlement, or defense of a claim, or for the
protection of a subrogation right of City.
F. In the event that City, during the term
of this Agreement, undertakes the tabulation of monthly
status reports, then the compensation provided for in
paragraph 4 A shall be reduced by an amount equivalent
to the number of months remaining on the term of this
Agreement multiplied by One Hundred Fifty Dollars
($150.00).
5. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party
by giving written notice of intention to terminate at least
sixty (60) days prior to the date of termination specified in
the notice; provided, however, that should the City determine
not to renew the Agreement on any annual renewal date, no
advance notice of termination need be given to Adjuster. Such
notices of intent to terminate shall be sent to the parties
addressed as follows:
To City City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
To Adjuster Riviera Adjusters
2790 Harbor Boulevard
Suite 306
Costa Mesa, CA 92626
0 0
6. DISPOSITION OF FILES ON TERMINATION OF AGREEMENT
A. All files on each claim shall be the
property of City.
B. In the event of termination of this Agreement
by either party, City has the following rights:
(1) City may require Adjuster to surrender
to City all files with respect to all claims
existing as of the date of termination and pay
to Adjuster, within thirty (30) days from date
of termination, sums due pursuant to paragraph
4 A on a pro rata basis, and all other sums due
Adjuster effective as of the date of termination.
Adjuster shall have no obligation or right to
perform services pursuant to this Agreement, or
right to recover compensation pursuant to this
Agreement, after the date of termination; or
(2) City may require Adjuster, after the
effective date of termination, to continue to
perform services with respect to some, or all,
of the claims being handled by Adjuster, with
the compensation due Adjuster based on the terms
of this Agreement.
0 0
7. HOLD HARMLESS
A. Adjuster agrees to defend any legal action
commenced against City caused directly or indirectly by
wrongful or negligent acts of Adjuster, Adjuster's offi-
cers, employees, agents or others engaged by Adjuster,
and to indemnify City against any loss, liability, cost
or damage, including attorney's fees, resulting therefrom.
B. City agrees to defend any legal action
commenced against Adjuster caused directly or indirectly
by wrongful or negligent acts of City's officers, employ-
ees, agents or others engaged by City, and to indemnify
Adjuster against any loss, liability, cost or damage,
including attorney's fees, resulting therefrom.
8. INSURANCE
Adjuster will provide insurance naming City as
additional insured, providing protection to City for errors
and omissions and general liability in an amount not less than
Five Hundred Thousand Dollars ($500,000.00) per occurrence.
-10-
0
0
Said insurance shall also be primary and not contributing
with any other insurance available to the City of Newport
Beach.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed the day and year first above
written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
/.
C ty Attorney
CITY OF NEWPORT BEACH
A Municipal Corporation
'Jill 1111111
RIVIERA ADJUSTERS
A Co-Partnership
05
-11-
CITY
A\7 'g'a
ADJUSTER
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
June 23, 1980
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SOO
COUNCIL AGENDA NO.l1y
SUBJECT: GENERAL LIABILITY CLAIMS ADJUSTING SERVICES; CONTRACT RENEWAL
RECOMMENDATION: That Council approve, by Resolution, renewal of a service
agreement with Riviera Adjustors to adjust liability claims filed against
the City.
DISCUSSION: In recent years the City has had difficulties in acquiring
general liability insurance at reasonable prices. In order to minimize
rapidly increasing insurance costs the City has had to accept relatively
large self- insurance retention provisions in its insuring agreement. As
a consequence, obligations were incurred for all claims expenses within
that self- insured retention, including claims adjusting costs. On July 25,
1977, the City initially contracted for adjusting services with an outside
agency, and has done so yearly since that date.
Acceptance of this recommendation authorizes the Mayor and City Clerk to
execute the renewal of the Riviera Adjustors service agreement. The
agreement provides that the City will pay the sum of nineteen thousand,
two hundred dollars ($19,200.00) during the period of this contract for
their services.
VRobert L. Wynn
0
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT FOR PRO-
FESSIONAL SERVICES FOR SELF - INSURANCE
ADMINISTRATION BETWEEN THE CITY OF NEWPORT
BEACH AND RIVIERA ADJUSTERS
WHEREAS, there has been presented to the City
Council of the City of Newport Beach a certain Agreement
for Professional Services for Self- Insurance Administra-
tion between the City of Newport Beach and Riviera
Adjusters; and
WHEREAS, the City Council has reviewed the terms ,
and conditions of said Agreement and finds them to be
satisfactory and that it would be in the best interest of
the City to execute said Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the Agreement above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 23rd day of June, 1980.
ATTEST:
City Clerk
Mayor
J
kv
6/19/80
. Area a.eoe n% {
ti-
dF
M
AGREEMENT FOR PROFESSIONAL SERVICES
FOR SELF - INSURANCE ADMINISTRATION
(RIVIERA ADJUSTERS)
THIS AGREEMENT is made and entered into this ldv day of
1979, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as
"City," and RIVIERA ADJUSTERS, a co- partnership, Costa Mesa,
California, an insurance claim adjusting company duly licensed
by the State of California, Department of Consumer Affairs,
Bureau of Collection and Investigating Services, License No.
D -7715, hereinafter referred to as "Adjuster."
R E C I T A L S:
WHEREAS, City maintains liability insurance with a large
self- insured retention; and
WHEREAS, it is the desire of City to enter into an agree-
ment with an independent contractor to provide insurance
investigation and adjusting services; and
WHEREAS, Adjuster has submitted a proposal to City to
perform said services; and
WHEREAS, Adjuster is capable and licensed to engage in the
supervision and administration of the City's self- insured
retention program; and
WHEREAS, City desires to enter into an agreement with
Adjuster for said services,
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
I. GENERAL
A. City engages Adjuster to perform the services
hereinafter described and for the compensation herein stated.
B. Adjuster agrees to perform said services upon the
terms and conditions hereinafter set forth.
II. SERVICES TO BE PERFORMED BY ADJUSTER
Adjuster hereby agrees to effectively undertake the
investigation, supervision, administration, processing, adjust-
ment, and negotiation of all general liability and automobile
claims, and potential claims, for damages asserted by third
parties against City, which are premised upon allegations of
negligent or careless acts, conduct and /or omissions, or con-
duct for which City is alleged to be legally responsible, which
services are more particularly set forth hereinafter.
A. Administration
Create a file for each claim for administrative
purposes immediately upon receiving claim from City. Such
files will contain all information concerning the particu-
lar claim and shall be open to inspection by designated
representative(s) of City.
B. Reserves
Establish an estimated reserve, and report same
to City, on each claim as soon as sufficient facts are
ascertained upon which a reserve can be determined.
C. Investigation
Shall be responsible for processing and investiga-
ting all reports of accidents, incidents, claims or cases
which are, or may be, the subject of a liability claim.
Said investigation includes all such investigation as is
necessary within the County of Orange, California, but shall
not include all investigative services outside the limits of
the County of Orange, as specifically set forth in paragraph
VII below. Investigation shall include an on -site
investigation of the incident, photographs taken of same,
interviewing employees of City, and such other initial
investigative services as are necessary to determine liability
and damages.
-2-
D. Administrative Services
Shall provide City during the term of this agreement
with tabulated monthly status reports on all reported claims,
indicating the status of each reported open claim assigned
to Adjusters, the details of each claim, the outstanding
reserves for each claim, and the details of all claim pay-
ments made during the month. The status report shall be
delivered to City within twenty (20) days of the close of
each calendar month.
E. Adjusting
Shall contact claimants, obtain information from
claimants regarding the claim, and enter into such settle-
ment negotiations as are authorized by City.
F. Legal Services
With approval of City, arrange for defense of City
involving those claims which result in litigation and
continue to supervise and maintain general control over
such litigation.
G. Subrogation
Shall do whatever is necessary for the preparation
of any subrogation rights that may inure to the benefit of
City and pursue such rights to conclusion.
III. DUTIES OF CITY
services:
City hereby agrees to supply Adjuster with the following
A. Make available to Adjuster, at the offices of
City, all employees of City who are witnesses to an acci-
dent or incident or who have knowledge of the event or
incident which is the subject matter of a claim.
B. Provide Adjuster with such photographs as are
available to City, as well as engineering drawings and /or
other descriptive material of all conditions involving
-3-
W
City property which are alleged to be dangerous or that
were damaged in the events which produced the claim under
investigation.
C. Shall cooperate with Adjuster and, upon reasonable
request, attend hearings and trials and shall assist in
effecting settlement, securing and giving evidence, obtaining
the attendance of witnesses, and in the conduct of lawsuits.
D. Provide as much information as is available to
City to Adjuster before investigative and other follow -up
purposes.
IV. TERM OF
The term of this agreement is for a period of twelve (12)
months, commencing at 12:01 a.m. on June 25 , 1979,
and ending 12:00 Midnight on June 24 , 1980.
Thereafter, it is the intent of the parties that this agreement
continue in full force and effect, subject to an annual renegotia-
tion of consideration, unless this agreement is terminated by
either party as hereinafter provided.
V. CONSIDERATION
City agrees to pay Adjuster the sum of Fourteen Thousand
Eight Hundred Eighty Dollars ($14,880.00), payable quarterly in
equal installments, to provide all services set forth herein,
except for those expenses as are set forth in paragraph VII and VIII
below.
VI. CANCELLATION OF AGREEMENT
This agreement may be terminated by either party to the
other, in writing, by giving notice of intention to terminate at
least sixty (60) days prior to the date of termination; provided,
however, that should the City determine not to renew the agreement
on any annual renewal date, no advance notice of termination need
be given to Adjuster.
VII. EXTRAORDINARY INVESTIGATION EXPENSES
It is agreed by Adjuster and City that the consideration
-4-
and obligation set forth in paragraphs II and V
above do not include items of "allocated loss expenses."
"Allocated loss expenses" shall mean the following:
A. The investigation of claims outside the boundaries
of the County of Orange. For said services outside the
County of Orange, City agrees to pay Adjuster Twenty Dollars
($20.00) per hour for services rendered and Twenty -Five
Cents ($.25) per mile for automobile expense. All other
charges connected with the investigation, administration
and /or adjustment are set forth in the total consideration
in paragraph V above.
B. All court costs, fees and expenses, fees for
service of process, fees of attorneys, cost of undercover
operative services, costs of employing experts for the
preparation of maps, photographs, diagrams, chemical or
physical analysis, for expert advice, opinion and testi-
mony concerning claims under investigation or in litiga-
tion, cost of transcripts taken at coroner's inquest,
criminal or civil proceedings, cost for copies of any
public records, cost of deposition and court reporter's
fees, and other similar fees related to litigation
reasonably chargeable to the investigation, negotiation,
settlement, or defense of a claim, or for the protection of
a subrogation right of the City.
VIII. PENDING FILES
Should City determine that Adjuster will undertake investi-
gative and administrative services for pending claim files
presently being handled by R. L. Kautz & Company, City agrees to
pay Adjuster Twenty Dollars ($20.00) per hour for services
rendered and Twenty -Five Cents ($.25) per mile for automobile
expenses, as well as other necessarily related office expenses,
including stenographic, postage, and telephone at Adjuster's cost.
IX. DISPOSITION OF FILES ON TEMUNATION OF AGREEMENT
A. All files on each claim shall be the property of City.
-5-
46
B. In the event of termination or cancellation of this
agreement by City, consideration then due to Adjuster shall
be due and payable.
C. In the event of cancellation of the agreement by
Adjuster, the consideration to be paid pursuant to paragraph
V above shall terminate, effective with the effective date
of the agreement, and City shall not be liable for any future
payment.
D. Upon termination of the agreement, Adjustor will
transmit to City all pending and closed files in its
possession.
X. HOLD HARMLESS
A. Adjuster agrees to defend any legal action commenced
against City caused directly or indirectly by wrongful or
negligent acts of Adjuster, Adjuster's officers, employees,
agents or others engaged by Adjuster, and to indemnify City
against any loss, liability, cost or damage, including
attorney's fees, resulting therefrom.
B. City agrees to defend any legal action commenced
against Adjuster caused directly or indirectly by wrongful
or negligent acts of City's officers, employees, agents or
others engaged by City, and to indemnify Adjuster against
any loss, liability, cost or damage, including attorney's
fees, resulting therefrom.
XI. INSURANCE
Adjuster will provide insurance naming the City of Newport
Beach an additional insured, providing protection to City for errors
and omissions and general liability in the amount not less than
Five Hundred Thousand Dollars ($500,000) per occurrence. Said
insurance shall also be primary and not contributing with any
other insurance available to the City of Newport Beach.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first above written.
CITY OF NEWPORT BEACH, A Municipal
Corporation
A 'IM o
ATTEST:
pity Clerk
RIVIERA ADJUSTERS, A Co- Partnership
By
By
APPROVED AS XM FORM:
U
-7-
HRC /kb
7/11/79
to
z* 44!4
gGCO S�Q,yFG
to
0 ft
RESOLUTION NO. 573
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AWARDING A CONTRACT TO
RIVIERA ADJUSTORS 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 Riviera Adjustors 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 contract above described
is hereby approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the
City of Newport Beach.
ADOPTED this 11th day of June 1979.
ATTEST:
City Clerk
l
Mayor
kb
6/5/79