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Home My WebLink AboutAGMT - Carl Warren • 4IP 110 SERVICE AGREEMENT THIS AGREEMENT, entered into this /0 day of TUL Y 19 gy , by and between City of Seal Beach , hereinafter ' called "PRINCIPAL" and Carl Warren and Company, hereinafter called "CONTRACTOR ", for certain services as outlined in connection with the duties and responsibility of administering a program of self- insurance. WITNESSETH: NOW, THEREFORE, PRINCIPAL and CONTRACTOR mutually understand and agree as follows: 1. GENERAL. CONTRACTOR shall: A. Supervise and administer the Self- Insurance Liability Program for PRINCIPAL and B. Represent PRINCIPAL in all matters related to the investigation, adjustment, processing, supervision and resolution of claims for money damages asserted by third parties against PRINCIPAL; and C. Provide to PRINCIPAL during the term of this Agreement all the services more particularly set forth hereinafter. 2. INVESTIGATIVE.SERVICES: A. CONTRACTOR shall provide complete investigative services including, but not limited to: (1) Receipt of and examination of all reports of accident, incidents, claims, or cases which are or may be the subject of such liability claims. 9 . (2) The investigation of such accidents, incidents, claims or cases where examination warrants such investigation, or when requested by PRINCIPAL; such investigation to include on -site investigation, photographs, interviewing witnesses, determination of losses, and other such investigative services necessary to determine liability and losses but not to include extraordinary professional services as set forth in Paragraph 2 -B herein. (3) CONTRACTOR shall provide the herein - described services on a 24 -hour, seven day -a -week basis, to receive telephone reports of any incident or accident which may be the subject of a liability claim, and shall provide immediate investigation services, if the incident or accident so requires, to the extent necessary to provide a complete investigation. B. Allocated Expenses are all reasonable and supportive extraordinary services where expert and professional assistance is required, such as professional photography, independent medical examinations, professional engineering services and :laboratory services. 3. CLAIMS ADJUSTMENT SERVICES. CONTRACTOR shall provide complete claims adjustment_services on each accident or incident which is or may the subject of a liability claim against PRINCIPAL. Such services shall include, but not be limited to: A. The maintenance of a claim file on each potential or actual claim reported to CONTRACTOR. -2- i . . B. Whenever its investigation results in a determination that PRINCIPAL has sustained a-.liability to a third party, CONTRACTOR shall process any such claim or potential claim for settlement in accordance with PRINCIPAL'S instructions for settlement of such claims. C. Notification of PRINCIPAL'S primary and excess carriers of all claims which exceed the PRINCIPAL'S self - insurance limit. Retention and maintenance of liaison between the insurance carriers and the PRINCIPAL on matters affecting the adjustment of such claims. D. Obtain all Release Agreements on settlement of any claim or potential claim. 4. ADMINISTRATIVE SERVICES. CONTRACTOR shall provide at least the following administrative services. A. Assignment of a Principal Account Adjuster to PRINCIPAL to provide liaison between PRINCIPAL and. CONTRACTOR. B. Provide PRINCIPAL with tabulated Monthly Status Report on all reported claims during the term of this Agreement, indicating the status of each reported open claim assigned to CONTRACTOR, the details of each such claim, the outstanding reserves for each claim and details of all claim payments during the month. The Status Report shall be delivered to PRINCIPAL within twenty (20) days the close of each calendar month. C. Periodically review and adjust reserves on all open claims. -3- • , S. LEGAL SUPPORT SERVICES. CONTRACTOR shall provide at least the following legal support services on each claim wherein the claimant has commenced litigation. A. Upon notification by PRINCIPAL that litigation has been filed on an open claim, CONTRACTOR shall contact PRINCIPAL'S trial attorney assigned to handle the case by PRINCIPAL and provide such trial attorney with all information and files concerning claim. • B. Maintain liaison with PRINCIPAL'S trial attorney and provide such investigation services as are required by such attorney during pre -trial and trial stages. C. Assist PRINCIPAL'S. trial attorney in answering any interrogatories filed by the claimant. D. Assist PRINCIPAL'S personnel in Small Claims actions filed against PRINCIPAL on open claims handled by CONTRACTOR by providing PRINCIPAL with (1) names of any witnesses to be subpoenaed, (2) necessary evidence, and (3) assistance at the trial, including appearance as a witness, if necessary. 6. PERIOD OF AGREEMENT. This Agreement is for a period of twelve (12) months, commencing at 12:01 A.M., "TOO/ / 1941Y and ending CAVAAr 30 , 19 fS. 7. CONSIDERATION. A. PRINCIPAL hereby agrees to pay to CONTRACTOR and CONTRACTOR hereby agrees to accept in full satisfaction for its services provided hereunder, compensation in the following amounts: -4- 9 • • (1) CONTRACTOR shall be - !ompensated in the amount of • $ 100.00 per month for its claims supervision and , other necessary administrative duties and the computerized Monthly Status Reports. (2) CONTRACTOR shall be compensated for its claims handling services, other than those in subsection (1) above, at • the rate of $ 26.00 Per hour. In'addition, CONTRACTOR shall be reimbursed for its expenses, excluding expenses incurred in the performance of subsection (1) above, and including 35 cents per mile, $ 2.00 per print for color photographs, typing at $3.50 per page, photocopy expenses at 20 cents per page, telephone expenses at 4 percent of services, and office expense calculated at $ 13.00 for file makeup plus 10 percent of CONTRACTOR'S service charge. (3) CONTRACTOR shall be reimbursed for the Allocated Expenses as set forth under Paragraph 2 -B above. CONTRACTOR 511,111 order such services only after obtaining prior written authorization from PRINCIPAL, except that such authorizatio) may be given orally where such services are urgently requir( 8. TIME OF PAYMENT. Upon execution of this Agreement by both parties,. PRINCIPAL shall remit to CONTRACTOR the sum of $ 300.00 as payment for the first three (3) months of theCONTRACTOR'S services hereunder, and will remit a payment of $ 300.00 for each following three (3) months period by the first day of each such period. • -5- _ • • • • • 6 Payments shall be transmitted to CONTRACTOR at P. O. Box 116, Glendale, California 91203. A. If requested by PRINCIPAL, CONTRACTOR will interim bill all charges incurred at the end of each quarter. 9. PRINCIPAL'S RESPONSIBILITIES. PRINCIPAL shall provide CONTRACTOR with copies of all relevant documents upon request and without charge and shall make available any PRINCIPAL' employee for interviews by CONTRACTOR at reasonable times concerning any investigation of a claim or incident pursuant to this agreement. 10. CONFLICT OF INTEREST. In the event a claim or incident is reported to CONTRACTOR by PRINCIPAL and it is determined that the actual or potential claimants therein are also clients of CONTRACTOR, then CONTRACTOR shall immediately notify PRINCIPAL of such potential conflict of interest. if PRINCIPAL elects to have an independent investigator and adjuster, CONTRACTOR shall provide such an investigator and adjuster. 11, CANCELLATION OF AGREEMENT. The Agreement may be terminated by PRINCIPAL with or without cause upon giving CONTRACTOR written notice at least thirty (30) days prior to the date of termination. In case of termination by PRINCIPAL a prorata adjustment will be made on any sum paid under Section 8 of this Agreement. 12. DISPOSITION OF FILES ON TERMINATION OF AGREEMENT. A. All files on each claim shall be the property of PRINCIPAL. B. In the event of expiration of the Agreement, and non - renewal thereof, CONTRACTOR shall bill PRINCIPAL, subject to the rates -6- quoted in Provision 7 -A hereinabove, for work completed by CONTRACTOR on each claim, and also promptly forward all completed and pending claim files to PRINCIPAL. C. In the event of cancellation of this Agreement by PRINCIPAL, CONTRACTOR shall return all files to PRINCIPAL, unless PRINCIPAL requests CONTRACTOR to continue to process any files., in which event CONTRACTOR shall continue to process such files on a time - and - expense basis as are provided in the CONTRACTOR'S Rate Manual at the time such services are rendered. 13. HOLD HARMLESS. A. PRINCIPAL agrees to defend any legal action commenced against CONTRACTOR caused directly or indirectly by the wrongful or negligent acts of PRINCIPAL'S officers, employees, agents or others engaged by PRINCIPAL; and indemnify CONTRACTOR against any liability, loss, cost or damage including attorneys' fees resulting therefrom B. CONTRACTOR agrees to defend any legal action commenced against PRINCIPAL caused directly or indirectly by the wrongful or negligent acts of the CONTRACTOR, employees, agents or others engaged by CONTRACTOR and to indemnify PRINCIPAL against any liability, loss, cost or damage including attorneys' fees resulting therefrom. 14. INSURANCE In order to secure CONTRACTOR'S. obligation to hold harmless and and indemnify the CITY, CONTRACTOR shall procure and maintain the following insurance: -7- A. Workers' Compensation Insurance as prescribed by the laws of the State of California. B. Comprehensive Automobile Bodily Injury Liability and Property Damage Liability Insurance with limits of Three Hundred Thousand Dollars ($300,000.00) for bodily injury or death of any one person, Five Hundred Thousand Dollars ($500,000.00) for bodily injury or death of two or more persons in any one accident, and One Hundred Thousand Dollars ($100,000.00) for property damage in any one accident. C. Comprehensive General Bodily Injury Liability and Property Damage Liability Insurance, with limits of Five Hundred Thousand Dollars ($500,000.00) for bodily injury or death of two or more persons in any one accident, and One Hundred Thousand Dollars ($100,000.00) for property damage in any one accident. D. Errors and Omissions Insurance in a minimum amount of One Million Dollars ($1,000,000.00). CONTRACTOR shall furnish CITY a Certificate of Insurance evidencing such coverage and an endorsement to said policies referred to in 14.B and 14.C, hereof, naming CITY, its officers, agents and employees as an additional insured and providing a forty -five (45) day written notice of cancellation or termination. 9 • IN WITNESS WHEREOF, the parties hereto have caused these present to be signed by their duly authorized officers as of the day and year first above written. By: j/ / ATTEST: J CARL WARREN AND COMPANY A California Corporation - By: a r'�. °"`. Vat_ o. 7 Certificate of Insuranc m on" THIS CERTIFICATE IS ISSUED A MATTER OF INFORMATION ONLY AND CONFERS N RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY Ashbrook - Clevidence, Inc. COMPANIES AFFORDING COVERAGES One Wilshire Bldg., #202 COMPANY Los Angeles, CA 90017 LETTER A Federal Insurance Company 213/624 -4023 COMPANY B LETTER NAME AND ADDRESS OF INSURED COMPANY C Carl Warren & Co. LETTER P. 0. Box 116 - COMPANY D Glendale, CA 91209 LETTER COMPANY E i LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. 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 the terms, exclusions and conditions of such policies. COMPANY TYPE OF POLICY NUMBER POLICY Limits of Liability in Thousands (000) LETTER EXPIRATION DATE OCCURRENCE AGGREGATE . GENERAL LIABILITY ' BODILY INJURY $ $ ❑ COMPREHENSIVE FORM . ❑ PREMISES - OPERATIONS PROPERTY DAMAGE $ - $ ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD . ❑ PRODUCTS /COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑ CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑ OWNED (EACH ACCIDENT) ❑ HIRED PROPERTY DAMAGE $ ❑ NON -OWNED BODILY INJURY AND PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY A fl }}��.. o o BODILY INJURY AND UMBRELLA FORM (85) 7961 -13 -29 4/15/85 PROPERTY DAMAGE $ 5,000 $5,000 ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY and EMPLOYERS' LIABILITY $ atio n omN OTHER I DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES I Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing corn- , pany will endeavor to mail 95_ days written notice to the below named certificate holder, but failure to I mail such notice shall impose no obligation or liability of any kind upon the company. 1 I NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Seal Beach DATE ISSUED: _all ly 11 1984 i1 211 Eighth Street �' • Seal Beach, CA 90740 / / // Att: Daniel P. Joseph, ' - •1TR R 1 Asst. City Manager I Ashbrook - Clevidence, Inc. ACORD 25 (1 -79) ' I , SET TAB STOPS AT ARROWS 0 r • • • • • • r Certificate of Insuranc Ccord THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS N RIGHTS UPON THE CERTIFICATE HOLDER. ' I THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY , COMPANIES AFFORDING COVERAGES Ashbrook- Clevidence, Inc. One Wilshire Building, #202 COMPANY A Aetna Casualty & Surety Co. Los Angeles, CA 90017 . 213/624 4023 COMPANY B . LETTER NAME AND ADDRESS OF INSURED . ' COMPANY C ' LETTER ■ ' Carl Warren & Co. . • P. 0. Box 116 COMPANY D Glendale, CA 91209 • LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. 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 the • terms, exclusions and conditions of such policies. .— POLICY TYPE OF POLICY NUMBER POLICY Limits of Liabili in Thousan.s rrr LETTER EXPIRATION DATE EACH AGGREGATE OCCURRENCE NCE ' GENERAL LIABILITY BODILY INJURY $ $ ❑ COMPREHENSIVE FORM ❑ PREMISES — OPERATIONS PROPERTY DAMAGE $ $ ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD + ❑ PRODUCTS /COMPLETED OPERATIONS HAZARD BODILY INJURY AND ' ❑ CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ' ❑ BROAD FORM PROPERTY COMBINED DAMAGE • ❑ INDEPENDENT CONTRACTORS ' ❑ PERSONAL INJURY PERSONAL INJURY $ ' AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑ OWNED (EACH ACCIDENT) • ■ ❑ HIRED PROPERTY DAMAGE $ ❑ NON -OWNED BODILY INJURY AND • PROPERTY DAMAGE $ • ' COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM $ $ PROPERTY DAMAGE ❑ OTHER THAN UMBRELLA COMBINED FORM _ _ WORKERS' COMPENSATION STATUTORY _ and 83 CK 956742 CPA 1/1/85 1 / 85 EMPLOYERS' LIABILITY $ 10 / (EACH ACCIDENT) ■ OTHER • • DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _3D_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. • NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Seal Beach DATE ISSUED: : C 211 Eighth Street Seal Beach, CA 90740 _ / lie if 1 Att: Daniel P. Joseph_. r A •ORIZED REPRESENTATI I Asst. City Manager Ashbrook– Clevidence, Inc. ACORD 25 (1 -79)