Loading...
HomeMy WebLinkAboutReso 91-163 - Approve the liability services agreement between the period 04/21/91 through 04/20/94 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE "LIABILITY SERVICES AGREEMENT" BETWEEN THE CITY OF REDDING AND GREGORY B. BRAGG & ASSOCIATES, INC. FOR THE PERIOD 4/21/91 THROUGH 4/20/94, AND AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF THE CITY. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the Liability Services Agreement between the City of Redding and Gregory B. Bragg & Associates, Inc. for the period 4/21/91 through 4/20/94, a true copy of which is attached hereto and incorporated herein by reference. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 15th day of April, 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Dahl, Fulton, Moss and Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None CFFUM, yor City o`fRedding ATTEST: FORM PROVED: � ETHEL A. NICHOLS, City Clerk R DALL A. HAYS, City Attorney CITY OF REDDING LIABILITY SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 1991, by and between the CITY OF REDDING ( "CITY") and GREGORY B. BRAGG & ASSOCIATES, INC. , a California Corporation ("CLAIM ADMINISTRATOR") , and W I T N E S S E T H WHEREAS, CITY requires liability claims adjusting and administrative services and CLAIM ADMINISTRATOR is agreeable to performing such services for CITY, NOW, THEREFORE, the parties agree as follows: 1. CITY hereby retains CLAIM ADMINISTRATOR, and CLAIM ADMINISTRATOR accepts CITY'S retainer, to perform Liability Claims Management Services. 2. CLAIM ADMINISTRATOR agrees to initiate prompt handling of all claims presented to the CLAIM ADMINISTRATOR upon notification in writing, facsimile transmission, or by telephone from CITY. CLAIM ADMINISTRATOR will not be responsible for late reporting by CITY or claims not reported by CITY. 3. All original reports, documents and claims data of every kind or description that are prepared in whole or part by or for CLAIM ADMINISTRATOR in connection with this Agreement shall be CITY'S property. CLAIM ADMINISTRATOR shall not make available to any individual or organization any report, document or data which was given to, prepared by or assembled by CLAIM ADMINISTRATOR pursuant to this Agreement unless prior consent is given by CITY. Additional copies of original reports, documents and data requested by CITY will be at CITY'S expense in accordance with this Agreement. All such records shall be held in strictest confidence by CLAIM ADMINISTRATOR. I 4. CITY has designated $1,000 authority to the CLAIM ADMINISTRATOR for the purpose of compromising and/or settling any claims against CITY being handled by CLAIM ADMINISTRATOR. Prior approval to compromise or settle any claim will be obtained from the CITY Attorney or his or her designee on matters exceeding $1 ,000. 5. For services pursuant to this Agreement, CITY shall pay CLAIM ADMINISTRATOR an annual administration fee of $3 , 300. , payable at the inception of the Agreement. In addition to the administration fee, CITY shall pay time and expense charges on each claim as incurred in the investigation and adjustment of claims. Risk control and safety services may be provided in response to said claims, or as required by the CITY. Time and expense charges are as follows: a) Adjusting Services $40.00 per hour b) Risk Control Service $45.00 per hour C) Office overhead 33% of services d) Secretarial $ 6. 00 per page/form e) Claim Set Up $12 .00 per claim f) Mileage $ .40 per mile g) Photocopies $ .25 per copy h) Photographs $ 2 .00 per photo 2 i) Audio Cassettes $ 3 .00 per tape j) Video Cassettes $15.00 per tape Administration and Adjusting fees will not increase more than 7.5% per year for the second and third contract year. Other fees may be revised upon mutual agreement of CITY and CLAIM ADMINISTRATOR. 6 . CLAIM ADMINISTRATOR will submit its bills on a monthly basis. Invoices are due and payable upon receipt. a t I 7 . All attorney's fees and other allocated expenses shall be the responsibility of the CITY., It is agreed and understood that, whenever practicable, any attorney's fees, or court costs, costs of outside experts, and other costs related to services to be performed by persons other than CLAIM ADMINISTRATOR should be billed directly to CITY and the bills will be paid from CITY'S trust account. 8. The term of this contract shall be from 4/21/91 to and including 4/20/94. This Agreement may be terminated by either party for any reason upon sixty (60) days written notice. This agreement will be automatically renewed on a yearly basis subject to the same terms and conditions, except Paragraph 5, herein, which may be renegotiated by the parties hereto. 9 . In performing the services agreed upon, CLAIM ADMINISTRATOR (and its agents and employees) shall have the status of independent 3 contractor, and shall not be deemed to be an officer, employee, or agent of the CITY. 10. During the period of this Agreement, and for a period of one (1) year thereafter, CLAIM ADMINISTRATOR agrees not to solicit for employment, or employ and CITY employee contacted during the performance of this Agreement; and CITY agrees not to solicit for employment or employ during the period of the Agreement and for a 1 period of one (1) year thereafter, any employee of CLAIM i ADMINISTRATOR contacted during the performance of this Agreement. 11. CLAIM ADMINISTRATOR shall defend, indemnify, and hold harmless CITY, its officers, agents, and employees from and against all damages, claims, penalties, demands, actions, or causes of actions which may arise from the action, conduct, or failure to act by CLAIM ADMINISTRATOR or its officers and employees. CITY will defend, indemnify and hold harmless CLAIM j ADMINISTRATOR, its officers, agents and employees from and against all damages, claims, penalties, demands, actions, or cause of actions if not caused by the willful misconduct, negligent acts or failure to act of CLAIM ADMINISTRATOR'S officers and employees. 12. CLAIM ADMINISTRATOR shall provide CITY with a Certificate of Insurance duly executed by the insurance company or companies authorized to transact business in the State of California and said Certificate shall certify CLAIM ADMINISTRATOR has in full force and 4 effect, $1 ,000,000 coverage applying to bodily injury, personal injury and property damage. CLAIM ADMINISTRATOR shall maintain errors and omissions coverage in the amount of $1,000,000 per occurrence. 13 . Any notices under the Agreement shall be deemed served when personally delivered or five (5) days after being mailed first class postage, prepared as follows: To CITY To ADMINISTRATOR I Risk Manager Claims Administrator City of Redding Gregory B. Bragg & Associates, Inc. 760 Parkview Avenue 4811 Chippendale Drive, Suite 707 Redding, CA 96001-3396 Sacramento, CA 95841 14 . The provisions set out herein constitute the whole and entire Agreement between the parties hereto and may be altered only by mutual agreement, reduced to writing and executed by authorized officers of both parties. CITY OF REDDING BY: DATE: GREGORY B. BRAGG & ASSOCIATES, INC. By• DATE: 5 I