HomeMy WebLinkAboutAgenda Bill 04/16/2001 (22) ti CITY OFPETALUMA, CALIFORNIA ~-
AG'ENDA BILL I
Agenda'Title:H Meeting Date: '
Resolution Authorizing the.;City Manager to Sign the Extension of April 16, 2001
the Professional', Services Agreement for Self-Funded Liability
Claims Management
Department:,Finance Director: Contact Persons Phone Number:'
W. Thomas M. Acorne 707/778-4341
iCost'of Proposal`. Account Number:
Estimated at $73,200 70340082106870
'Amount Budgeted: Name of Fund:
Included in FY 00-01 Claim?Settlement Budget.of$628,000., Risk Management
Attachments to Agenda'Packet'Item:
,Resolution Authorizing the City Manager'to Sign the Extension of the Professional Services Agreement
for Self-Funded Liability Claims Management.
Draft Professional Services Contract-Self-Funded Liability Claims:Management.
Summary Statement:
The City of Petaluma, CA. contracts,out Claims Management as part of its self-funded Liability Program.
Claims,received by the.City of Petaluma.are reviewed for liabilityand;recommendations made for either
acceptance or rejection of liability. Insurance Consulting Associates has been the City of Petaluma's
,Claims Management firm since 1 989`.- The,Contract was extended.in 1999. ICA has agreed to maintain
the 1999 rates for this recommended extension. ICA is fully aware of the City of Petaluma's claim
history and is currently managing 86 active Claims. The City-of Petaluma averages between 40 and 60 •
'claims per year It is recommended that;ICA continue as the Claims Management firm for the City of
Petaluma.
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,Council Priority: THIS AGENDA ITEM IS CONSIDERED To BE,PART OF,`OR NECESSARY TO, ONE OR.
'MORE OF'THE.1999-2000 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999
AND MARCH'18, 2000.
Priority(s): •
Fiscal responsibility.regarding'claims.filed against the City of Petaluma:
(.Recommended City Council Action/Suggested:Nlotion:
Adopt the Resolution
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Reviewed by Finance'Director: Reviewed`byr City;Attorney: .Approved by City Manager:
Date: Date:
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Today's Da e: Revision:#..an . l .to •evised: ode: .
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CITY'OF PETALUMA, CALIFORNIA
APRIL 16, 2001
AGENDA REPO RT
FOR
AUTHORIZING THE CITY MANAGER TO SIGN THE EXTENSION OF THE
PROFESSIONAL SERVICES AGREEMENT FOR SELF-FUNDED LIABILITY
CLAIMS`MANAGEMENT
1. EXECUTIVE'SUMMARY:
The City of Petaluma, CA. contracts out Claims Management as'part of its self-funded Liability
Program. Claims received by the City of Petaluma are reviewed for liability and
recommeiidations are made for either acceptance or rejection of liability.
2. BACKGROUND:
Insurance Consulting Associates has been the City of Petaluma's Claims Management firm since
1989. ICA is fully aware of the,City of Petaluma's claim historrand'is currently managing 86
active claims. 'The City of Petaluma averages,between 40 and 60'claims per year It is
recommended;that ICA continue as the Claims Management firm for.the City of Petaluma.
3., ALTERNATIVES:
Prepare a Request for Proposal and re-bid the Liability Claims Management Professional
Services Agreement.
4. FINANCIAL IMPACTS: -
' Since ICA has;agreed,to extend the contract to March 30, 2004, there is3no:financial impact
except as a result of the number of claims submitted for each year Currently claims
management averages $1,220 per claim/lawsuit filed based on a history of 439 open and closed
claims.
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5. CONCLUSION:
Continuing;-this!contract will provide an ongoing history of claims administration.
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6. OUTCOMES OR'PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPEETION:
Continuation of an effectiveaability claims management process.
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7. RECOMMENDATION:
Adopt the Resolution authorizing the City Manager to,signthe extension of the Professional
Services Agreement with ICA for Liability Claims Management
g;/forms/2000 Agenda Bill revised 042100
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Resolution N'a. N.C.S.
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110
o:fEi City•diPetalurna, .California
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AUTHORIZING THE CITY MANAGER TOSIGN THE EXTENSION OF
THE:PROFESSIONAL SERVICES AGREEMENT FOR SELF-FUNDED
LIABILITY CLAIMS MANAGEMENT
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WHEREAS, the•City•OfThetaitifna, CA. wishes to engage Insurance ConsUlting
Associates to act as Liability Clairns Management; and
WHEREAS, Insurance Consuhing.Associates has previously provided this service to the
City of Petaluma, CA,
NOW, THEREFORE BE IT RESOLVED, that the,City Manager is hereby authorized
to sign an amendment tothejexisting agreement with Insurance Consulting Associates to act as
Liability Claims Managementifor the City of Petalurna's CA self:funded liability program.
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Under the,powmancfauthority conferred upon this:Councifby the.Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and the Approved as to
Council of tlie City of Petallfma at a Regular meeting on,,2001, ' form:
by the folloWing Vote:
• City Attorney
' AYES:
NOES:
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ABSENT:
ATTEST:
City Clerk • Mayor •
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•ResolutionNo. .NCS
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PROFESSIONAL SERVICES AGREEMENT •
• SELF-FUNDEDTIABILiTV.CLAIM MANXGMENT
(Title of Project)
Project AccOuritco-deiNe. )
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THIS AGREEMENT is made and entered into this day of
by and between the City of Petaluma; a Municipal Corporation and a charter city (hereinafter •
referred to as "City") and Insurance Consulting Associates, (hereinafter':referred to as
"Consultant"). . • • •
The partieatiereto enter into.this Agfeeinehtfortthepurpose of;Consultant providing profesSiOnal
services to City under the folloWirigterms',and4conditions:
In consideration hereof; and the mutuaPpretinSeS, contained herein, the partiesjagreeas follows:
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1. Consultant shall provide,the ',services, described in Exhibit "A" attached hereto and
incorporated herein by reference. •
2A. City shall compensate Consultant for services rendered.hereunder under the lollowing •
termK.see atiaehed.
2B. Notwithstanding any provision herein, Consultant,shall not be paid any compensation,
until such time as Consultant has on file 'With. the City Finance Department ctirrerit
information requested on the "Vendor Informatien".9form available hetit:the Cityyand has
obtained,-a. currently-valid Petaluma Business Ta Receipt pursuant to the .Petaluma
Municipal code.
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L. 2C. The Consultant is also required to have paid the appropriate'business,tax and and thaVe a
currently valfd Petaliiina:Business Tax:Receipt:pursuant to-the Petaluma,Muniemal;Code.
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2D. In no case shall the total ,contract compensation exceed NA without 'prior written.
authorization of the City'Manager. Further, no compensation for 'a 'section.or work
program component attached with a: specific budget shall be exteeded,without prior
written authorization the City Manager. With every inonthlyinveiee, a brief narrative
shall be provided by Consultant along with a revised schedule of progress and supporting
materials. •
3. Services performed; by Consultant to City which exceed those services,described in
Section 1 herein, shall be considered "extra Work." Extra work shall only be performed
by Consultant upon written authorization of the City Manager Catis-Ciltarit shall be
• compensated for extra work:atthefollowing rates: NA,
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611/00
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• 4. UseSection4(a)or'4(b).
(a) The term of this Agreement commences on April 1, 2001, and ends on March
30, 2004`: However, ;either-party may terminate this Agreement upon providing .
the other party ten (l0), days' written notice Of such termination, given in the
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manner provided in Sections 6 and 1 l herein.
(b) Consultant shall commence,work upon'receipt of written direction to proceed
from City. Consultant shall perform the work described herein, in accordance
with the followingkschedhle:
Service Completion Date
Self-Funded LiabilityClaimsaVtanagement March 30, 2004
Loss Control Services March 30, 2004
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5. Consultant represents that'Consultantpossesses_distinct professional skills in performing
said services. City has relied upon said representations as .a material endorsement to
enter into this Agreement. Consultant shall,. therefore, provide properly skilled
professional and technical personnel to perform all services under this Agreement. It is
further understood,and agreed that,Consultant,.including his/her-agents and employees, is
not an agent or employee'of the City, but rather solely responsible for his/her acts and
• omissions. Consultant£hascfull control over the,means andsmethods of performing said
services, and Consultant understands that said services are being performed as an
independent 'Consultant. Nothing in this Agreement shall in any way be construed to
constitute the Consultant, or any of its agents or employees, as an agent, employee or
representative,Of the City:
6. Termination. This Agreement maybe terminated or';susp'ended.bythe City upon ten (10)
days' written notice Said,notice will be;commenced by the-City Manager. Upon•receipt
of such notice, Consultant shall immediately stop all work in ;process under this
Agreement: Inithe event the City delivers, the Consultant shalltbe:entitled to payment for
all services performed to date of termination.to`the extent they were actually performed in
accordance with this Agreement.
7. Consultant shall perform with his/her own;organization, all work specified and required
in this Agreement No;assignment or transfer in whole or in part of this Agreement shall
bernade withouTthe Writtenconsent of the City.
III8. Consultant may retain or=subcontract for the services of other necessary consultants, with
the written approval of City. Any such subconsultants shall comply, to the extent
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applicable, with the terms[andconditions of this,Agreementrand.all Of the obligations and
duf es imposed.upon,the'Coi sultanthereunder.,.
9. Consultant.agrees to fully comply-with:all appropriate.local, city,•state and federahlaws,.
regulations and ordinances governing performance of contractual ,services ,required
hereunder, in accordance'-with professionals' standards,of care.••
I0. During the performance of this Agreement, Consultant will not discriminate against any
employee or applicant for employment because of race, religion; creed, color; national
origin, sex or age. Consultant shall take affirmative;action to ensure that applicants are
employed,. and that employees are. treated during employment,mwithout regard to •their
race, religion, creed, color,national origin, sex-orage.
11. - All notices required or permitted by this Agreement, including• notice of change of
address„shall be in;writing•and.given by personal'delivery or sent by United States Mail,
postage prepaid and addressed to the parties intended to be notified.' ;Notice!Shall be
deemed given as of the-date of delivery in`person or as of the date deposited in any post.,
office or any post office box•regularly maintained by the United States Government.
Notice shall be given as follows:
City: City Clerk •
City of Petaluma.
Post Officc'Box;61 • •
Petaluma, California 94953.
Telephone: (707)778=4360'
Consultant: IVIr_,Ron Bl'anquie;,
Insurance.Consulting Associates
• PiO. Box 7508491
petaluma, CA 940540849
Telephoner :707/7784l i8'
12. All bills shall be;sentto`the designatedproject contact:person on a monthiybasis or upon
task completion, whichever-is,approprate,, Bills will be checked by said contact person
for compliance with the provisions of this.Agreement and then forwarded to"-Accounts
Payable:” City shall endeavor to make payment of "said,bill wittlriu,thirty(30):days of
receipt.
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13. All original papers, documents or computer material on disk or microfilm, and copies
thereof,produced as,a result of this.Agreement, shall;be.the,property of City and may not
be used Consultant without the_consent of City: Copies of,such documents or papers
shall not be disclosed to 'others without the ;written,consent of the City, Manager or his
designated representative.
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14. Consultant hereby.covenants and agrees to, and shall, indemnify; save harmless and .
defend, the 'City of Petaluma, its agents and/or employees against all claims, demands,. •
costs, and liabilities for damages of any kind or nature including, but not limited to,
damages for death or injury to any person (including'Consultant's employees and agents)
or damage or destruction to any property'of either party hereto or third persons in any
manner arising out-'of Or occasioned by Consultant2s performance of its obligations
. pursuant to this Agreement,whether or not there is a•contributing act or omission or
concurrent,passive or.active negligence or otherwise on the,part of the City, except those
claims arising from the established active sole negligence or sole willful misconduct of
the City or the ,City's, employees. The. City may%retain so much of the money due
Consultant as°shall be,considered necessary, until disposition,has been made of claims or
suits for damages:as aforesaid.
15. Insurance. See `=`-Insurance Requirements for Consultants" in Exhibit Bl or B2 attached
hereto and incorporated herein by reference. Please check and initial exhibit to be
incorporated: •
Exhibit 131 Exhibit B2 'x
• 16. Amendment. This Agreement may be amended, provided' said amendment is in writing
and signed by both.parties.
17. If litigation ensues which pertains to the subject.zmatter, of Consultant's services
hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable
and customary:fee..
18.. This Agreement constitutes the entire agreement between the-parties.
, 19., Breach. City reserves the right to terminate this>Agreement immediately in the event of a
breach by Consultant,. It is further understood and agreed,that in the event of a breach of
this Agreement by Consultant, in addition to all other remedies, penalties and damages
provided by law, City may provide such services o'r retain another consultant to provide
such services, and deduct from the amounts due or to become due. to Consultant the
actual costs to,City:to'provide or obtain such services..
20. This contract is'the product of"negotiation°and'compromise_on the part ofboth°parties and
that the parties.agree, :notwithstanding Civil Code :section, 1654, that in the event of
uncertainty, the language is not to be construed against`the:party causing the uncertainty •
to exist. '
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21. Applicable Law. Each party's performance hereunder shall comply with,all applicable
•: laws of the United States of America, the State of California, and the City of Petaluma.
This Agreement shall be enforced and interpreted under the laws of the State of
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California and the City of Petaluma. If any part, term or provision. of,-this•.Agreement •:
shall`be held void, illegal, unenforceable,or'in conflict with any•law.of the federal,:state
or local government having; jurisdiction iover this Agreement; the 'validity of the
remaining portions or;provtsions.shall not be'affected thereby.
22r Non-Waiver. The City's;failure;tovenforcerany provision of this Agreement or thewaiver
• thereof in.a,particular instance shall not be construed as:a general waiver of any?part:of
such provision. The provision shall=airlift full force and effect.
23: Severability. If;,any term or portion of this Agreement.;is:held to•be'invalid, illegal; or
otherwise unenforceable.by a court of competent jurisdiction„the.remaining provisions'of
this:Agreement shall continue in full Three and effect.
24. Mediation. The parties agree to:make a good faith attempt to resolve any•dispute;,arising
out.of this Agreement through.mediation prior to commencing"litigation. the parties
•shall mutually agree upon the mediator and shall divide the costs:of mediation equally:
25. Consultant"s•Books and R'ecords..
A. Consultant shall maintain any and all ledgers; books •of `accounts;, invoices,
vouchers, canceled checks, and other records'or documents:evidencing or.relating
to charges'for services, or expenditures'and disbursements charged to the City for.
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minimum.period of three (3) years;or for any longer period required`15y Jaw;,
frorri°•the date offinal payment to•;Consultant',pursuant to this•Agreement
B'. Consultant shall ;maintain: all documents and records which demonstrate
performance;under this.Agreement for a minimum period of.three (3) years,or'"-for
any longer period required by law, from the date of termination or:,co mpletion of
. this Agreement.
C. Any records or documents'required to be maintained pursuant to this•Agreement
shall be made available for inspection or audit,:at any time during:regular business.
hours, upon written request by the City Manager, City Attorney; City°;Finance
Director, or a •designated representative; of these officers. Copies of such
• documents shall be provided to the' City "for-inspection at Petaluma City;Hall
when it is practical do.so. Otherwise, unless anralternativekis;mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt
of notices in thisAgreement.
• D'.> 'Where City has reasornto':believe that-such records or.documents may,be,lost or •
• discarded due to dissolution disbandment or termination of Consultant's
business; City•may, by written request by any of the above-named officers,
,require;that custody of the records'be given to-the City and that the records and
documents be maintained in Petaluma City Hall. Access to such records and •
• documents shall be granted to any party authorized;by Consultant, Consultant''s
representatives„or Consultant's successor m ihferes't. 411
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• IN WITNESS' WHEREOF, the parties,hereto have executed this document the day, month and
year,Erstzabove written_, . •
CITY OF PETALUMA CONSULTANT
By
City Manager
ATTEST: •
Title
City Clerk Address
APPROVED AS TO'FORMa
City t State Zip
City Attorney Taxpayer I.D.'Numbet'
APPROVED:
Petaluma Business Tax Receipt Number
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Department Director
APPROVED: •
Risk Manager •
APPROVED:
Finance-Director •
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! profess(fink)
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INSURANCE:REQUIREMENTS FOR CONSULTANTS
Consultant shall procure and maintain for the duratiOn•ofthe contract insurance againStclaims for injuries,
persons 'or damages to property which ;may arise ;from or in connection with the performance of the work',
hereunder by.the Consultant, his agents', representatives .or:employees.
Minimum:Scope of Insurance
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Coverage shall•be.at least as broad a"s:
1. Insurance Services Office'ComniercialGeneralLiability.coverage (occurrenceifornyCG.0001).,
2. ,Insurance Services Office form:number'CA 0001 (Ed. 17,8:7) covering Automobile Liability,„code 1 (any
auto):
3. WoIkers'' Compensation insurance as retUifed by the State of California and Employer'''s Liability
.Insurance.
Minimum Limits.:ofInsurance
Consultant shall maintain.limits'miless than:
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1. General Liability: $500,000:per occurrence for bodily injury, personal injury and,property damage: If
Commercial General Liability'Insurance or other form with a general;aggregate limit is used, either the
general aggregate limit shall apply separately to,this project/locatiomor thetigeneral aggregate limit:shall
be twice the,required occurrence limit.
2. ,Automobile Liability: $500;000 per accident for bodily injury'and'propertydamage.
3.. Employer's&lability:.;$,1,000;000 per accident for:bodilyinury or.disease:
Deductibles and Self-Insured`.Retentions •
Any deductibles or:'self insured;retentions must be declared to and approved by the City At the option of t
City, either: the•insurer shall reduce or eliminate such deductibles or self-`insuredretentionsas respects'the Cit.,
its
stiff officers,
related investigations',officials, ploye claim adm nist, or the Consultant shall procure a bond,guaranteeing payment of
ton and defense,expenses.
Other_Insurance Provisions
The general liability automobile liability'policiees are to contain, or be endorsed to contain, the following.
provisions:
1. The, City, its officers, officials,.employees and volunteers are to be covered as `insureds as respects:
liability arising out of activities performed by,or on behalf of the'Consultant, products„and-completed.
operations of the Consultant; premises) owned„occupied. or used by the Consultant;,for tantomobiles
owned, Teased, hired or borrowed by-The Consultant. The coverage shall contain no special limitations
on the.scope of protection afforded to the City„its officers, officials, employees of volunteers. Coverage
case all pd. extena tot any i tde pity coverage for the active negligence ofthe addtttonalrinsured in any
gr ihnify the'additional insured would be invalid'under=subdivision"(b) of
sectionm2782 ofthe+Civil Code.
2. For:any claims related to this project,rthe Consultant's insurance coverage shall beg:primary insurance-as
respects the City, its officers, officials, employees and volunteers:: Any insurance or,self-insurance
maintained by theCity, its officers,officials,'ernployees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with.it..
3. Any failure to comply,with reporting:of other provisions•of the policies including breaches of warranties
shall not affect coverage provided to theCity, its•officers,,officials, employees of volunteers.
4. The Consultantisinsuranae,shall apply separately"to each insured against whom;claiiri isimade on suit is -
' brought,!except with.respect to the,liinits of the insurer's liability.
5. Each insurance policy requirede .by this clause .shall be endorsed to state that coverage shall not be '
suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty Pill
days 'prior written notice by certified'mail, return receipt.requested,.has been given to.the''City.
Eiiliibit B1
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Acceptability of Insurers
Insurance is to be,place'd With insurers with a current A.M. Best's'rating of no less than A:VII, unless otherwise
41fptable to'the City. .
Vcrification'of Coverage
Consultant shall:furnish the City with original endorsements effecting coverage required by this clause. The
endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The
endorsements are to be on"forms provided by the City: All endorsements are to be-received and approved by the
• City before work commences.. As an alternative to the City's forms,. the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including; endorsements effecting the coverage
required by these specifications:
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Exhibit,B 1
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INSURANCE:REQUIREMENTS FOR'CONSULTANTS
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Consultant shall procure and for the duratioth of the contract insurance against claims for injuries'.'
persons or, damages'to property which may arise from or in connection w_ ith the perform ance of the wo .__
hereunder'by the Consultant,:his agents,representatives,or employees..
Minimum'Scope•of Insurances
Coverage shall,berafleast as-,broad as:
2. 'Insurance Services Office form.numbe General
CA 0001 (Ed. 1R/87 coverin cAutom bile Lt bi00y.c.,
t coverage (
( ) g ty, code 1,(any
,auto).
3. Workers' Compensation' insurance as required by the State of California and Employer's Liability
'Insurance.
4, Errors and:oniissions liabilityinsurance appropriate-to the Consultants profession.
Minimum Liniits'of Insurance
Consultant shall.tnaintain:liniits no less;thah:
1. General Liability,_ $1,000,000'per occurrencefor bodily injury, personal injury.,and property"damage: If
•Commercial General Liability Insurance''or-other:form with a general aggregate limit is used, either the
,general aggregate limit;shall;apply separately to this•project/location.or the.general aggregate limit.shall
be twice the required.occurrence limit.
2. • ,Automobile Liability: $1,000,000 peraccident for bodily injury_and property damage. •
3. Employer's Liability; $1,000,000 per• for injury or'.disease.
4. Errors and omissions liability $1,000;000;peroccurrence,
Deductibles:and Self1nsured•Retentions
Any deductibles or self-insured retentions must be,declared to and approved by the.:City. At the option of
City,
thethsurer la te , e i City,
its official s emploY eesand voluners or the 'Consultant hall proc ea bondguaranteeing p aym ent of
losses.and related,investigations, claim;adininistration anddefense'ex penses.
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Other Insurance Provisions`
The general liability and automobile liability.policies are to contain, or be endorsed to, contain;, the following
provisions:
1 The City its officers, officials;employees and volunteers are to be covered as insureds;: as •respects.
liability arising:out of`activities-performed'by or„on behalf of'the Consultant; products and completed,
operations of the Consultant; premises owned, occupied or used• by the Consultant; or 4automobiles.
owned leased,.hired.or borrowed by the'Consultarit.; The coverage'shall contain:no special limitations,
on the sco p e of protection afforded to the City;its officers, officials,employees or volunteers. Coverage•
shall•not extend to any indemnity coverage for the active negligence of the additional'insured in,..any
case where-an agreement to indemnify'the'additional insured`would.be invalid under-Subdivision=(b)-of
section 2782-0f the Civil Code
2. For any claimstrelated to this•project,;the.Consultant's insurance•coverage!shall beprimary insurance'as
respects the City, its officers, officials, employees and volunteers: Any insurance or 'self-insurance
maintained by the City, its•officers, officials, employees,orvolunteers shall be excess of tfie^Consultant's
• insurance-and shall net contribute with it
3'. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not-affect coverage provided fo the City, its officers, officials, employees or volunteers. •
4. The Consultant's insurance shall'applysepar'atelysto each insured against whom claim;fsfrnade Jr.suit is
brought,:except with respect_to the limitsrof the insurer's liability.
•5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not b
suspended, voided, cancelled by either party, reduced in coverage 'Or in limits:except after thirty(3S.
days' prior written notice by certified mail rete receipt requested, has'been given toahe;City.
ExhibitB2 . •
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Acceptab'ilitv.ofansurers
urance is to be placed with insurers with`a;current.A.M. Best's rating of no less than A:VII, unless otherwise
ptable to the"City.
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Verification of-Coverage'
Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The
endorsements are to be .signed by a person authorized by that msurer to bind coverage on its behalf, The
endorsements are to be on forms provided by the City. All endorsements are to be received and approved by%the
City before work commences;. As an alternative' to the City's forms, the Consultant's insurer may provide
complete, certified copies of, all required insurance policies, including' endorsements effecting the coverage ■
required by these';specifications.
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• Exhibit B2
Page 2 of 2,
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• NSURANCE, • CONSULTIN A SM .
iSSQCIATESJNC
P:0.1BOX.:750849 •'PETALUMAICA 94975-0849'.'(707)-778-1118 :FAX(707):7.78-8213 ;E"-MAIL: ICABT)ROAOL:Cfn\i
aov01550g4,
-March
12, 2001
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lerbl1YII 4!"
:Michael J.Acorne -
Program Administrator ,
REGIONAL B a
OFFICES- Cl of Petaluma
P.O. Box 61 •
Petaluma, CA 94953.
NORTHERN
CALIFORNIA • ,
55 Marta lD}i'e„' ,
Suite 837,
PETALUMA 'Re: Contract:Extension for Liability Claims Administration and Loss Control Services '
CA 94954 -
)
(707778=2900 .
Fax
(707)-778 7810 Dear'Mr:.Acorne: -
swim-ERN This leiter'will iserve,tO confirm our;telephone:conversation of today. Accordingly; we have
CALIFORNIA '
17451 Bastanchury attached copies of our various insurance contracts on which the City of Petaluma is nained. We
Rd,su;te 1o4c understand.there areno changes to the contract other than the term.of the contract We greatly
YORBA�LMDA g
cA 92886 appreciate th b
e business relationship we both havelenjoyed over the past several years. II •
(714)'961-2711
Fax
(714)961-2717 We consider it a privilege to.serve the;City of Petalumaland�we greatly appreciate.your�business.
I,have every confidence that the City will continue'to receive the fine service it has come:to
ROSEVILLE expect from Insurance Consulting Associates. -
775 Sunrise Ave
. -
Suite180
RCA OSEVILL95661 E MI can:be',of additional assistance, please do not(hesitate to call.
' (916):781-3344
Fax
(916)78i-1366 Very trulyyaurs,
SANiJOSE 'f J ..9 '
•
960 Saratoga Ave 1 v 1
Suite 106 '.. t---7- } . .
SAN JOSE RoriBlanq_uie, ' .' A.
CA 95129 President
(408)557-0280 '
Fax •.:
(408)'557-0284 -
RB1kh.
-
•': - Enclosures
rL11ONSL •
ASSO[WLON
mwc�wrvr . . .
wsuwwc[
,,,,,, ER
ov¢6n0m96°R CVNy Documents\Contra,s1Pe12001.Gxt Ltr.doi
0•CORPORATE+OFFICE: 1304,SOUTI-IPOINT:BLVD.,SUITE 250:._PETALUMA,"CA.94954”! 1-800-2255422
Intelli'-Probe®.Risk;and Claiins'Information'Technolo y•,Risk.Management • Claiins=Administration/'Adjusting '
Insurance Adjuster License-No. 2607524`. .
acQHP CERTIFICATE OF LIABILITY 1NSURANC R NS DATE(MM;°°'YY'
suR 1 10/`25'/00
;PRODUCER THIS CERTIFICATE IS ISSUED ASIA MATTER OF INFORMATION
ONLY,AND CONFERS'INO.RIGHTS UPON THE CERTIFICATE
Don Ramatici Insurance, ''Inc. HOLDER.THIS'CERTIFICATE DOES NOT AMEND,EXTEND OR
P.C.: Box 551_ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW:,
P _ l 707-782-9200 Fax:7, -
07-782-9300" INSURERS'AFFORDING.COVERAGE
-
INSURER A: CNA. Insurance Companies
Insurance Consulting Assoc, MNSU`R`ER`9:,
& 'BDR Investigation • A INSURER C:
Par,tnerskfipg`& Intell-Probe LLC:
P.O: Box -750849 INSURERD •
Petaluma CA 94975
I- :INSURER E' .
COVERAGES -
THE POLICIES OF INSURANCE;LISTED BELOW HAVE BEEN ISSUED TO THE:INSURED NAMED ABOVE FOR THE pOLICY,PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT;TERM OR CONDITION OF ANY CONTRACT OR OTHER'DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR •
MAY.PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED.HEREIN IS SUBJECT TO ALL THETERMS',EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN.REDUCED,BY PAID CLAIMS
POLICY EFFECTIVE DATOY ft 1)
LTR I TYPE OF INSURANCE POLICY.NUMBER DATE MM/DD/YY ) -
( )". DATE IMMIDDIYY LIMITS
GENERAL LIABILITY I EACH OCCURRENCE IS 1,000,000
A XI COMMERCIAL GENERAL LIABILITY BAP116172712 08/03/00 '08/03/01, FIRE DAMAGE(Any one lire) 5 100,000
CLAIMS MADE I X I'_OCCUR MED EXP(Any one person) •I $ 10 ,000 ,
PERSONAL 8ADV INJURY .5 Included
GENERAL AGGREGATE I s 2,000,,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG r$ 2,000,000
I 1 PCUCY`1 JECT nLOC
AUTOMOBILE LIABILITY
A 1 I.ANY AUTO `BAP1161727.12 08/03/00 08/03/01•, COMBINED SINGLE LIMIT
(Ea accident) s.1 X000,000
ALL OWNED AUTOS
I ISCHEDULED AUTOS. BODILY INJURY $
(Per person)
X I'HIRED AUTOS BODILY INJURY $
X NON-OWNED AUTOS (Per accitlenq
. . 'PROPERTY DAMAGE $
(Per accident)
I'GARAGE LIABILITY - -AUTO ONLY-EA ACCIDENT I $
MANY AUTO EA I OTHER THAN ACC $
`AUTO ONLY: AGG $
EXCESS LIABILITY I - EACH OCCURRENCE 5 1,000,000
'A X j OCCUR. CLAIMS MADE BAP116172712 08/03/00 '08/03/01 AGGREGATE $ 1,000.,000
' ,
- $
�
'DEDUCTIBLE I -
$
aRETENTION $
I WORKERS COMPENSATION AND WI a1AMS UIH- $ •
•L EMPLOYERS'LIABILITY ..TORY LIMITS Eft
I EL EACI-I ACCIDENT I.$
' E.L.DISEASE-EA EMPLOYEE S
1 E.L:DISEASE-POLICY LIMIT I$
I-OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLIE WEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Operations of the, Named Insured
-
•
30XG118158A .
CERTIFICATE HOLDER Y I I _.
AODITIONACINSURED;INBURERLETTER: CANCELLATION
PETCIT3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL EIJOC. D CO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT P ''""W'IC--'se-es Jl,...,n
City of Petaluma .. d..
P.O: Box 'E1. _., .'_'........__:
Petaluma, CA -94953. .
>CORD 25'-S(7197) - Ca. 0 CW.A X./teal/CORPORATION 1988
-THIS ENDORSEMENT CHANGESTHE POLICY:. PLEASE READ IT CAREFULLY. ak•
IP•
ADDITIONAL INSURED OWNERS; LESSEES OR'CONTOCTORS
This endorsement:friodifies, insurance provided under'the following:
BLINESS,ACCOLJNIT PACKAGE POLICY BUSINESS LIABILITY'COVERAE FORM
•
SCFIEDI4E
•
Name of Person or Organization: •
•
city-of Petaluma
P.O. ,Box.671
Petalurnft-,QA 94953.
•
tit no:entry-appears atitive;,infoirmatibriteguired to
dornPleteithihdbrainientiWill tie shown'in.the
DeblaratibriS asiapOliicable•to this:endorsement.)
WHO IS:(AN.INSURED (Section C) is amended to
include as an insurechthe person or organization shown
in the Schedule ;ptitrionly,with respect to liability arising
•
out of your oogoing,,op,erationsTertormeo for that •
Insured: •
•
•
• •
•
•
•
• .
•
Includes copyrigpted•InaferiaLof,InsuranceSeniCes'Office, Inc:, with its permission;
Copyright, Insurance Sen1cea 01115e, Inc,.1992
G-111;•158'A •
(ED, 01/96) •
•
•
• •
ST AT P.O. BOXi'420807,SAN`FRANCISCO, CA 94.142:D807
- OMPENSATION
UNDCERTIFICATE OF WORKERS COMP ENSATIONiNSURANCE
MARCH 8, 20£71 $ pOLICrNUMBER 1204532 — 00
r., � , CERjIPICATE,, ', :: -8 1-rQl, • ..
' CITY' OF PETALUMA P ' . .
PO $09:, 51 e ".".Y,"`.: •' ,':,'7'.-..
PETIF;UMA CA 94953 � ro �'
L'
This is to certify that we have issued'a valid Workers Compensation insurance policy,in a form approved by the California
=°Ins'ranee Commissioner,to,the employer named!below.for the policy period indicated.
30"
This policy is not subject to cancellation by the Fund'except upoi eq days'advance,written notice to the employer.
•
30 -
Wewill also give yoy{y'kN"days advance notice.should this; olic be cancelled• rior to its normal expiration. < •' :
P Y P
" This certificate of insurance is not an insurance,policy and does not amend, extend'or alter the coverage afforded by the
,policies,listed herein. Notwithstanding any requirement,;term, orconddlon of any contract or other. document with
•respect-to' ,which this .certificate of.iinsurance may be:issued`or may pertain the insurance afforded;by the policies
• ;described herein is subject to all the,terms exclusions and,conditions of such policies r
/��®/ wi�,K ez a
AUTHORIZED REPRESENTATIVE ¢ k ,z".;,;-,:, Tt �" -� s�
- PRESIDENT
".' t , ¢ Ss r s "� 1
EMPLOYFR'S LIABILITY LIMIT INCLUDI. '. _ NSE COST, $'1,000,000.00 PER.OCCURRENCE
'ENDORSEME,'NT #001.5 ENTITLED ADDITIONAL INSURED 'E IPI:OYER EFFECTIVE
!03/08'/01 IS ATTACHED TO AND 'FORMS A PART OF:; THIS POLICY. ' . • •
NAME-OF%ADDITIONAL INSUREDI 'CITY OF PETALrr,.jA I
ENDORSEMENT 1,`206_5 ENTITLED CERTIFICATE HOLLERS' NOTICE EFFECTIVE
'03/GS/01 IS ATTACHED TO AND FORMS. A PART OF THIS POLICY.
I
I
INSURANCE CONSULTING ASSOCI&flS INC
PFD -BOX,. 7508q49
PETALUMA CA 94975
•
L .,.
:'f. _.z",. ., 4..,a:.. � -., .. -,: y.+W.,,.�. '� e „ . . m � �•• d . � '*i�,rs .1'.`a. ,3.�• , c7 - � :�`..
CERTIFTCif.E OF INSURANCE A Date (mm/dd/vY)
03'/09/01
Producer (800) 300-977$ THIS CERTIFICATE; IS ISSUED AS A HATTER OPCINFORMATION'- -" •
COSTANZA INS .AGENCY;, alit: ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER:
P::O`. BOX 10579,. THIS CERTIFICATE 'Does NOT AMEND, EXTEND OR ALTER THE.
GLENDALE, CA 9 1209 COVERAGE AFFORDE•DY;THE POLICIESreswW.
GCMPANIES` AFFORDING'COVERAGE'
_ -
•
Company' ZURICH RE: (UK) LIMITED - -
A
- _ Company'-
Insured' _ _. ... .., . ••INSUA0I-XXX, B
INSURANCE` ,CONSULTI-NG
ASSOCIATES:, INC. company• _•P:O:: BOX '750849 C
PETALUMA,: CA 949,75-0849
'Company
CO RAGES
THIS IS TO CERTIFY THAT 'THE POLICIES"OF INSURANCE LISTED,BELOW'HAVE BEEN ISSUED TO THE INSURED NAMED 5ABOVE FOR-THE:POLICY
'INDICATED. NOTWITHSTANDING_ANY`';REQUIREMENT, TERMOA:CONDITION OF'ANY`CONTRACT OR OTHER^OOCUHIENT WITH RESPECT RESPE TO',WHICH`THIS
CERTIFICATE MAY, BE,ISSUED 'OR•MAYPERTAIN'. THE INSURANCE AFFORDED BT THE POLICIES DESCRIBED HEREIN: IS'SUHSECT:TO ALL THE •
TERNS, -EXCLUSIONS 'AND(CONDITIONS 'OF,SUCH 'POLICIES 'LIMITS SHOWN MAY DAVE,BEEN,.REDUCED BY PAID.CLAIMS.
•
CO POLICY' • POLICY:
TYPE-DP INSURANCE :POLICY,•N@IDHR ,EFFECTIVE EICPIAATIONc :LIMITS
LUZ JDATS' DATE ., _
GENERAL'LIABILITY - General'-AggreaaEei $a
•Cdranercial,General!Liao ?, Products-Como.Oita'Aqq.. $' _
•®Claims-Made •Occur. Personal &!Adv Injury. $ . ,
•Owner's & Cont:Protective '-
Each.Occurrence. ' $_
•... - ' Fire'.Damage•(any::1. f ire) $ - '
. _ .Med Exp(any:one p"eEson) $
AUTOMOBILE LIABILITY! - Cobined i Ye Li
,•AnyAuto: Limit.
Combined Sn g
All Owned Autos: Bodily Injury -
•Scheduled Autos - (per person)1 $ •
•Hired Autos Bodily Injury
•Non•Owned Autos. (per%accident)' • $
Property Damage;
GARAGE.LIABILIIY Auto Only iEa'Accident $
■Any Alt° Other Than Auto Only ;
• - - `Each Accident $ _ ,
. - 'Aggregate:$ •
EXCESS LIABILITY Each Occurrence $ -
•Um6rella FOrni Aggregate $
Other Than.Umbrella Form, .. • •s
WORKERS' CCM PENSATION.,ATw' :; - ''II
Each Accident olOthex -! i
EMPLOYERS!'LIABILITY - - EL.Each ACCident-
The Proorxetor/ Intl EL Disease-Polk Limit'
Partners/Executivet fin{ o ' $ -
Officers''are: �Exd. • EL' Disease-Ea ,Employee. $ . - ' . -
OTHER • - , -. ,.
A '•;ROFESSIONAL. MPL003.3705: 10/O1/OA 10/01/01 2,.000,;000 PER CLAIM
IABILITY 'RETRO DATE':' ,$2., 000,•0'00 'ANNUAL:
- - 1.0:=0T•-R'6: - - _ - AC,C;RFGATF
DESCRIPTION OP OPERATIONS/LOCATIONS/VESICLES/SPECIAL ITEMS
-CERTIFICATE HOLDER'. IS INCLUDED, AS ADDT�1'IONAL INSURED WITH 'RESPECTS TO THE
:0PERATIONS: OF 'THE NAMED • INSURED ONLY'., ('SEE ATTACHED) CG20.10
*EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM' •
CERTIFICATE HOLDER CANCELLATION
0 0.6 _..
SHOULD ANY OF+THE ABOVE DESCRIBEWPOLICIES BE CANCELLED BEFORVTHE
EXPIRATION .A _. NDE
EXPIRATION DATE THE''ISSUING COMPANY,WILL�ENDEAVOR','TO NAIli
3'0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED T0,
CITY OF PETALUMA. LEVI, BUT FAILURE TO !cap.SUCH NOTICE SHALL IMPOSE NO OBLIGATI
, .. _
'P..O. OR LIABILITY OF ANY KIND UPON THE'CCt�ANY; ITS AGENTS"OR REPRE-,
BOX' 61 ,
'PET-ALUMA, CA 44.953 - SENTATIVES. -
Authoriied',RepYesentat'ive'
•
the QWIK APP company, irtc n. ` 2 SS (01 $11:
• Ticr :
POLIc-Y,NUMBER . MPL 0033705 COMMERCIAL GENE L LIABILITY
rig 12 2c01
THIS ENDORSEMENT CHANGES THE:POLIdY. PLEASEJiEAD -ULLY.
• :157
.. ...
ADDITIONAL INSURED-OWNERS; LESSEES OR•
CONTRACTOFRS-FORNI B
This endorsement modifies-insurance provided dnderrthe following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of persons or organizatiOn:
CITY OF'PETALUMA
(If no entry appears, information required to complete this endorsement will be shown in
the Declaration as.apPlicable to this endorsement.)
WHO IS AN INSURED XSection 11) is amended,to include as an insured,the person or
organization shown in the schedule, but only respect to liability arising out of"your work"
Mir
lot that insured by or for you:•
•
•
CG 20101185 Copyright,Insurance Services Office, Inc., 1984
•
• • ZURICH SPECIALTIES LONDON LIMITED
kENEWAL:DECLARATIONS, • •
•
In !consideratiorrof the paymeMof the renewal premium'and deductible,IiiCkie ,Tabet, in,FIeliance
of the repreSentations in the Renewal .Application attached' .hereto, the policy number
designated 'below.as .EXPIRING POLICY is hereby renewed for the term Stated by the policy
number appearing'as:'RENEWAL POLICY.
It is understood and agreed that such RENEWAL POLICY shall be subject to the same terms
and conditions!as the EXPIRING POLICY, exdepit-aS -stateTb.plbw:
EXPIRING POLICY: • M0L941135
•
. ,
'RENEWAL POLICY: MPL903705
. .
RENEWAL AUTHORITY NUMBER: EU010270L •
1 . 'INSURED:. Insurance•Constilling ASSOciates, Ind. •
2. POLICY TERM: 10/01/2000 TO. 10/0112001 •
1201 'A.M. Standard Time•
3. LIMIT OPLIABILlit. $2;000,000 " PER CLAIM:
$2,000,000 ANNUAL AGGREGATE
4. DEDUCTIBLE: $5,000 PER CLAIM. INCLUDING:EXPENSES
5. RETROACTIVE DATE: 'October 1, '1986
6; DESIGNATED PROFESSION: AdjuSter/AdminiStratOr/Cohisultant
7. RENEWAL PREMIUM: $30,00-0
SURPLUS LINES TAX: $900:00
STAMPING FEE: . $105:00
Further, this:insurance is hereby amendecraS foiiôvs
(X) CHANGES: ON-1 (5/00) i$ added ' •
•
<=1.
BY;Ijr COUNTERSIGNATU
American Special Risk IQanceServce t
11/7/00
RENdEC(3/98)/jfh
. i•
•
•
•
•
•
CONTRACT EXTENSION AGREEMENT •
•
IT IS HEREBY AGREED between the City of Petaluma (hereinafter .referred to as the City) and
Insurance Consulting Associates; Inc. (hereinafter referred to as the Claim Administrator) that the
"SELF-INSURED CLAIMS MANAGEMENT AND .LOSS CONTROL,CONSULTING CONTRACT" .
between the City and Claims Administrator which was entered into on April 27, 1989, is hereby renewed
and extended with no changes iii terms. except:as'follows'
•
III. PAYMENT FOR:SERVICES
Professional Services'will';bebill"ed at the rate of 552,.50 per hour,plus Allocated Costs according
to the following:.schedule:
Local Travel . . . . .. S .40 per mile
Photocopy S. .30 per page
Color Photography' $ 1,75 per print
Recording:Cassettes-for:Statements $ 1.75 each
Statement Transcription • $ 5:00 per pale
Videotaping . : . . . . . . . . . . . . . . . . . $50.00 per hour
Long'Distance Telephone ICA's Prevailing Rate •
FAX Services . . .. . . . ... . .. . . . . . . . . . . . $ 2.50 first page _ •
5 1.75 addl. pages
Initial,File Set-Up ICA's Prevailing Rate*
Posting Costs . . . .. . . ... . . . . . . . . . . . . .. .. ICA's Prevailing Rate •
Necessary Expenses_ ICA's Prevailing Rate
Specially Computer;Services and Reports ICA's Prevailing Rate
Travel Out of Area ICA's Prevailing Rate
*Applicable to claims'management only. No set-up charge on consulting projects.
IV. TERM
The,tern-of this agreement shall be three years beginning October, 14, 1996, and terminating at
midnight, October 14. 1999 This Contract may be terminated by either party for any reason
upon Thirty (30)' days writ-ten-notice'the Contract may be-renewed subject to renegotiation of
terms and conditions.
•
X. LIMITATION' OF LIABILITY
It is agreed that the Claims'4drrumstrator,will provide services'utilizing;good faith efforts based
upon its experience in claims.management and consulting. The Claims Administrator provides
no warranty, express nor implied, that its services will result in any specific outcome' for any •
case :nor any reduction in the frequency, severity, or cost of any liability claim(s) nor any
• incidents giving rise to claims, no matter how caused.
No other changes,are made in the provisions of the Contract.
•
CITY OF;PETALLMA
I yL By;
i Authorized Representative
•
INSURANCE CONSULTING ASSOCIATES INC.
Ronald' R. Blanquie, President
•
•
ORIGINAL
Fot City ' s El ls
• SELFINSURED CLAIMS MANAGEMENT
111/
AND LOSS:CONTRCLiCONSULTING CONTRACT
THrt: toNT*T id! :made 'and. entered into this 27h day. of' APT ' , 1959,
by and between the CITY OF FEYALOHA, hereinafter referred to as the CITY, and
INSURANCE !CONSULTING. ASSOCIATES, INC. , hereinafter referred to as the CLAIMS
ADMPNISTRATOR:
•
INSURANCE CONSULTING: ASSOCIATES„, INC'. it: liedhsed in Californtd to prov,ide
independent. adjusting services. Its .State: License :number is (0807524, It is a
Californi"a Corporation with Home Office located at 410 Petaluma 5oulevard
. 5outh1 2:eta-film-a, CA: 94952; Telephone Mimber: 707/778-1118. The, Corporate
Officers are Ronald; .8Tanquie,- Phesident; .Mi'chaeT Craig PatieFsdn, tkecutive •
Vice Presj'dent; Daniel A. Blanguie, Senior Vilce President.
IT IS HEREBY AGREED -8 / and between the parties signthg this. •Contract, as
• folTowf:
•
GEN-wt. -
The CITY desires to have a unified claims management and loss control
. 1
sonfuYting ferViCe. INSURANCE CONSULTING ASSOCIATES,? INC, is a claims'
Management and Consulting firm experienced in drovtdiThgetherrecueSted
Services and le ready and capadFe to perform such services fehltlie CITY.
IL; SERVICES:
,■
'hie CLAIMS ADMIX-STRATOR will eesist, h'e •CITY in the management •of the
CITY' S liability, claims program It neeenVeal1 claims and incident;
reports from the CITY, It will iniresidte prompt investigations and ,
• attempt to secure the cooperation and confidence of claimants and their
. at-torney's. it will provide repontS to. the CITY with respect to issues
of f4ct, xjamages, and IiabTfHty, It will provide recommendations with
'retpeft: to ..cout'ses of attli:oh regarding settlement and/or defense.
1111
• . .( 1 )
•
•
Summary reports. The Fee is due in full at the incept-ion ;of each year of
the .,QTY. payments of .
ne contract, though, for e convenience' ':of the r'a
$2250.00 or° 'one twelfth of the annual fee, whichever i`s greater, may be .
made monthly toward any remaining balance. ,
There will be no charge for the time and attention necessary to review •
and respond by phone to Incident Reports not requiring investigation,
adjustment, or contact with claimant's; witnesses, or counsel.
All. activitie"s related to - the- handling of specific claims Will be billed
on a Time,& Expense basis,, as follows, for the first year:
•
Profess.i.ohal Serv:i'ces,
• Claims Management:
$50.00 per hour*
Risk Management. & Loss Control Consulitinc: $90.00 per hour*
x'Basedt exClus;ively on time :off i-nvestifgative.
supervisory, and management personnel . No
aoditi;onal charge, except 'as provided below,
fb'r• routine secretarial , telephone, insurance,
or office overhead.
•
•
Allocated Costs,
Local Travel .40 per mile
Photocopy .20 per page
Color Photog^aphy. (35mm) 1 . 75 per print
Recording cassettes for, 'statements 1 .75 each
Statement Transcription 5.00 per page
Vi;deotapi,ng . 50...00 per hour •
Long Distance Telephone • As 'Incurred
FAX Services First Page: 2.-50
Each Additional Page: 1 . 75
initial 'File Set-UP As Incurred'
Post-'ng Costs As Incurred
Necessary Expenses As incurred
•
S
limkted td, thecoSt- bf OhetotOplihg. i• whole or. in part any and all
410
claims files as required for the CLAIMS ADMINISTRATOO, to be incompliance
with any laW, pertaining to the maintenance of records by a Licensed
adjusting firm. The CLAIMS. ,ADMINISTRATOR is authorized to destroy any
claim -file .:wjthoUt notice tb the CITY after seven years fojj.byfng, the
• date Of• file closure..
VII. ,IUTUA-1. HOLD 'HARMLESS AND INDEMNIFICATION
Each ,party hereto agrees to -indemilif.y,.. hold harmless and defend:. the
3
other jt . Offitert„ agents, and • employees from and: agfnst Any. and
claims, :demands, liability, costs and expenses of whatever nature,
• includinc court costs and counsel fees arfaing out pf in•jury, death', or
. -
1.6St
to any person Or persons, or lots' of or physital AaMage tb, any
• 'property .reuli-Jhig 171 from the sble• negligence or w3 1 IfuT acts
of the, retponSible party, its agents, employees, lItehseet? Ot ,OUeSts: in
•
• ther"maKing or'arisjog out of the gerforMante of this agh'eement,
• •
In the event it is determined' by Settlement olf.1 it-i4atiOhli that, there isA
liabEilft-y and/Or responSibiTity Of the. parties for the settlement
or juogMent„ the parties hereto. agree that the-responsfnility for „payment
of such settlement or judgment , snall be borne, by the. parties in
ftroportioh• to the Share of fault, .At. determined by the Spurt. Tor jUry -in
case of a, jud:gment, and by agreement, or arbitratich 1h -the event that
agreement. •cannot be reached, in the case of a .settleMent. The :parties
further agree hereunder that in thOse, cases described wider this
paraghaph, each party shall bear its 'own costs and attorney. fieb„.
VIII: INSURANCE
„.•
The CLAIMS' ADMINISTRATOR agrees to procure and maintain curing the life
of this contract and to Orb-Vide e-Videhte, to the CITY .1i'at it carries
General Liability, Non-Owned Automobile Liability, and .E.TrTs [.,'“DMitStons•
insurance in an amount' nOt. less than..$1 , 600...500, Plus .st4t..-utory- Wo±kers.
411/csf.)
feet, either by the
� reas'onao. e attorne s costs as; ,determined r`ma ned
arbitrator or by- a, court of competent jurisdiction:
XII. RESPONSIBILITY FOR CLAIMS ADMINISTRATION. FEES
It is agreed that the CITY' is 'liable for payment for all services
rendered in accord with this Contract. Should the self—insured
retention, the deductible, or the annual aggregate applicable to a
particular claim or policy year be exceeded„ the CLAIMS ADMINISTRATOR'S
billings remain the responsibility of the CITY, and the CLAIMS
ADMINISTRATOR is express / d- t hC.r i.
"ed to continue all claims management
activities which it deems to. be appropriate until. it receives from the
CITY express written i7dstructions to termiiate any involvement in the
claim or grouping. of claims.
XIII. TERMINATION OF SERVICES:
The responsibility of the CLAIMS ADMI,NFSTRATOR to provide any services
terminates on the. date that this Contract is tertin"ated, whether or not
that date is the scheduled date provided herein or is earlier or later.
Should this Contract be' term;i.nated for any reason ,and should the parties
agree that the. CLAIMS ADMINISTRATOR will continue 'to handle any aspect of
any claim or grouping 'of' claims, charges for serMtces. so rendered will be
billed at the rates then in effect as established by the CLAIMS '
ADMINISTRATOR.
• CITY OF:PETALUMA
/ L t.> Z. i'=S7 97 By: r
Date,- Authorized d Signature
INSURANCE CONSULTING ASSOCIATES. INC.
< y
,
Date MICHAEL CRAIG- PATTERSON, Executive Vice President
(7)