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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