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HomeMy WebLinkAboutReso. 1987 - 110 - Approving the contract between the city of redding and gregory b. bragg & associates, inc RESOLUTION NO. 87- 110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE CONTRACT BETWEEN THE CITY OF REDDING AND GREGORY B. BRAGG & ASSOCIATES, INC. , AND AUTHORIZING THE MAYOR TO SIGN SAME. BE IT 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 attached Contract between the City of Redding and Gregory B. Bragg & Associates, Inc. ; and 2. That the Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents 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 on the aforesaid Contract, when appropriate. 3. That a true copy of said Contract is attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing Resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 21st day of April , 1987, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Fulton, Gard, Johannessen and Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None MIKE DAHL, Mayor City of Redding ATTEST: FORM APPROVED: a ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS ty Attorney 111 1 LIABILITY CLAIMS ADJUSTING AND ADMINISTRATION SERVICE CONTRACT THIS CONTRACT is made and entered into this day of , 1987 , by and between the CITY OF REDDING, a municipal corporation incorporated under the general laws of the State of California located in the County of Shasta, hereafter referred to as "City, " and GREGORY B. BRAGG & ASSOCIATES, INC. , hereafter referred to as "Claim Administrator. " Claim Administrator is a California corporation doing business as licensed, independent insurance adjusters and administrators, with Gregory B. Bragg, President and Chief Executive Officer, in charge of daily operations. The principal place of business of Claim Administrator is located at 4811 Chippendale Drive, Suite 304B, Sacramnto, California 95841 ; telephone number (916) 344-7995. It is hereby agreed by and between the parties hereto as follows: I. GENERAL. City desires to avail itself of liability claims adjusting an administration services. Claim Administrator is a claims administration firm experienced in the handling of public entity claims and is ready and capable of performing such services for City. II. SERVICES. It is absolutely imperative the Claim Administrator examine all claims and incident reports made against City involving personal injury, bodily injury, and property damage. Claim Administ=rator shall determine from the . • • • claim or incident report whether an investigation file shall be set up. If no file is set up, no charge will be incurred for its review and determination. Claim Administrator agrees to initiate prompt investigation. Claim Administrator will not accept any . responsibility arising out of incidents not reported to it for examination and review. III. REPORTS AND PROCEDURES. Within thirty (30) days of assignment or sooner, Claim Administrator will provide City with a full , factual report, showing name (s) of claimant (s) , type of claim, date of loss, comments on liability, reserve recommenda- tions, settlement recommendations, and other pertinent information. Subsequent to the initial thirty-day report, Claim Administrator will report at least every thirty (30) days until claim closes, unless extended diary is appropriate. IV. DENIAL, COMPROMISE, OR SETTLEMENT OF CLAIMS. It is agreed that City has designated One Thousand and 00/100 Dollar ($1 , 000 . 00) settlement authority to Claim Administrator for the purpose of compromising and/or settling any claim against City being handled by Claim Administrator. Prior approval to compromise or settle any claim will be obtained from the designated City officer or employee on matters exceeding One Thousand and 00/100 Dollars ($1 , 000 . 00) . V. PAYMENT FOR SERVICES. The annual claims administration fee is Two Thousand, Four Hundred and 00/100 Dollars ($2 , 400 . 00) , payable on renewal of the contract. In addition to the admini- stration fee, City shall pay time and expense charges on each claim as incurred in the investigation, negotiation, or -2- • • • settlement of claims. Time and expense charges are as follows: (a) Adjuster' s Fee $32. 00 per hour (b) Mileage $ . 35 per mile (c) Stenographic and office overhead . $10 . 00 file set up plus 30% of adjuster' s fee (d) Telephone expense 9% of adjuster' s fee (e) Insurance 21/2% of adjuster' s fee (f) Photographic expense $ 1 . 50 per print (g) Photocopy expense $ . 20 per page (h) Cassette expense $ 3. 00 audio $10 . 00 video (i) Recorded Statement Transcription . . $ 5 . 00 per page The time and expense service rates itemized apply to work billed during the term of the contract. It is agreed and understood that whenever practical, any attorney fees , 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. Claim Administrator will submit its bills monthly. Payment by City shall be made within a reascnable period of time, not to exceed thirty (30) days. Claim Administrator bills incurred when the self-insured retention limit is penetrated will be paid by City unless it chooses to cancel representation on that particular file by Claim Administrator prior thereto. VI. TERM. The term of this contract shall be from April 21 , 1987, to and including April 20, 1988 . VII. CANCELLATION. This contract may be terminated by either party, for any reason, upon sixty (60) days ' written notice. VIII. RENEWAL. This contract may be renewed on a yearly basis , subject to the same terms and conditions , except paragraph V "Payment for Services , " which may be renegotiated by the -3- parties hereto. IX. CONFLICT OF INTEREST. In the event Claim Administrator receives a claim from City inwhich there arises a conflict of interest, Claim Administrator shall immediately notify City. City may hire another claims firm to handle that particular claim to a conclusion. X. INDEPENDENT CONTRACTOR. In performing claims admini- stration services herein agreed upon, Claim Administrator shall have the status of an independent contractor and shall not be deemed an officer, agent, or employee of City. XI. INDEMNIFICATION. Claim Administrator will indemnify and hold harmless City, it officers, agents, and employees from and against all claims, demands, actions, or causes of action • which may arise from the action, conduct, or failure to act by Claim Administrator's personnel. City will defend, at no cost to Claim Administrator, in those cases in which the Claim Admini- strator is named in a filed or verified Complaint simply by virtue of the fact they are the clair's administration firm on a given claim. XII. INSURANCE. 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 that Claim Admini- strator has in full force and effect $1 ,000 , 000. 00 coverage applying to bodily injury, personal injury, and property damage. Claim Administrator shall also maintain errors and omissions coverage in the amount of $1 , 000 , 000. 00 per occurrence. -4- fll. . . XIII. CEQA. It has been determined that this matter is not subject to the provisions of CEQA. IN WITNESS WHEREOF, the parties hereto have executed this Lease agreement on the day and year first above written. CITY OF REDDING By MIKE DAHL, Mayor City of Redding GREGORY B. BRAGG & ASSOCIATES, INC. By GREGORY B. BRAGG, President ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney -5-