HomeMy WebLinkAboutReso. 1986 - 100 - Approving the liablity claims adjusting & Administration service contract between the city of redding and gregory b. bragg & associates inc1! 44
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RESOLUTION NO. 8G —/ CJ 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE LIABILITY CLAIMS ADJUSTING & ADMINISTRATION
SERVICE 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 Liability Claims Adjusting & Administration Service
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 in connection with said Agreement, and
that 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 documents, when appropriate;
and
3 . That a true copy of the Agreement referred to herein is
attached hereto and made a part hereof.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
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the City of Redding on the 21st day of April , 1986 , and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Carter, Dahl , Gard, Johannessen, & Fulton
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
am' P-Ab
LEE . FULTON, M.D. , Mayor
City of Redding
ATTEST:,�ES1
�
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
RANPALL A. HAYS , Cit4 Attorney
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LIABILITY CLAIMS ADJUSTING & ADMINISTRATION SERVICE CONTRACT
THIS CONTRACT IS MADE AND ENTERED INTO THIS DAY OF .1986.
BY AND BETWEEN CITY OF REDDING, HEREINAFTER CALLED "CITY" AND GREGORY B. BRAGG &
ASSOCIATES, INC. , HEREINAFTER REFERRED TO AS "CLAIM ADMINISTRATOR."
GREGORY B. BRAGG & ASSOCIATES, INC. IS A CALIFORNIA CORPORATION DOING BUSI-
NESS 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 IS LOCATED AT 4811 CHIPPENDALE DRIVE, SUITE 304B.
SACRAMENTO, CALIFORNIA 95841 . THE TELEPHONE NUMBER IS (916) 344-7995.
IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES SIGNING THIS AGREEMENT AS
FOLLOWS:
I . GENERAL
CITY DESIRES TO AVAIL ITSELF OF LIABILITY CLAIMS ADJUSTING AND ADMINISTRA-
TION SERVICES. GREGORY B. BRAGG & ASSOCIAILS. INC. 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 THAT CLAIM ADMINISTRATOR EXAMINE ALL CLAIM AND
INCIDENT REPORTS MADE AGAINST CITY INVOLVING PERSONAL INJURY, BODILY INJURY, AND
PROPERTY DAMAGE. CLAIM ADMINISTRATOR 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 ADMIN-
ISTRATOR WILL NOT ACCEPT ANY RESPONSIBILITY ARISING OUT OF INCIDENTS NOT REPORTED
TO IT FOR EXAMINATION AND REVIEW.
III . REPORTS & PROCEDURES
WITHIN THIRTY (30) DAYS OF ASSIGNMENT OR SOONER, CLAIM ADMINISTRATOR WILL
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PROVIDE CITY WITH A FULL, FACTUAL REPORT, SHOWING NAME(S) OF CLAIMANT(S), TYPE
OF CLAIM, DATE OF LOSS, COMMENTS ON LIABILITY, RESERVE RECOMMENDATIONS, SETTLE-
MENT RECOMMENDATIONS, AND OTHER PERTINENT INFORMATION. SUBSEQUENT TO THE INITIAL
THIRTY DAY REPORT, CLAIM ADMINISTRATOR WILL REPORT AT LEAST EVERY THIRTY DAYS
UNTIL CLAIM CLOSES, UNLESS EXTENDED DIARY IS APPROPRIATE.
IV. DENIAL, COMPROMISE. OR SEIILEMENT OF CLAIMS
IT IS AGREED THAT CITY HAS DESIGNATED $1 ,000.00 AUTHORITY TO CLAIM ADMINIS-
TRATOR 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 MAT-
TERS EXCEEDING $1 ,000.00.
V. PAYMENT FOR SERVICES
THE ANNUAL CLAIMS ADMINISTRATION FEE IS $2,400.00, PAYABLE AT THE INCEPTION
OF THE CONTRACT. TIME AND EXPENSE CHARGES WILL BE INCURRED ONLY WHEN NECESSARILY
REQUIRED IN THE FORM OF ADJUSTER'S FEES. TIME AND EXPENSE FEES AT THE INCEPTION
OF THE CONTRACT WILL BE AS FOLLOWS:
(A) ADJUSTER'S FEE: $32.00 PER HOUR
(B) MILEAGE: 400 PER MILE, WITH PROBABLE INCREASE DURING CON-
TRACT BASED UPON COST TO OPERATE A COMPACT VEHICLE
(C) STENOGRAPHIC AND OFFICE OVERHEAD: 30% OF ADJUSTERS FEE
(MINIMUM OF $22.50)
(D) TELEPHONE EXPENSE: 9% OF HOURLY RATE
(E) PHOTOGRAPHIC EXPENSE: $2.00 PER PRINT
(F) PHOTOCOPY EXPENSE: 30i PER PAGE
(G) INSURANCE: 22% OF HOURLY RATE
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, COST 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 AND PAYMENT BY CITY SHALL
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BE MADE WITHIN A REASONABLE PERIOD OF TIME, NOT TO EXCEED THIRTY (30) DAYS.
CLAIM ADMINISTRATOR BILLS INCURRED WHEN THE SELF-INSURED RETENTION LIMIT IS PENE-
TRATED WILL BE PAID BY CITY UNLESS IT CHOOSES TO CANCEL REPRESENTATION ON THAT
PARTICULAR FILE BY CLAIM ADMINISTRATOR PRIOR THERETO.
VI . ILRM
THE TERM OF THIS CONTRACT SHALL BE FROM TO AND INCLUD-
ING . THIS CONTRACT SHALL BE TERMINATED BY EITHER
PARTY, FOR ANY REASON, UPON SIXTY(60) DAYS WRITTEN NOTICE.
THIS CONTRACT MAY BE RENEWED ON A YEARLY BASIS SUBJECT TO THE SAME TERMS AND
CONDITIONS, EXCEPT THAT PARAGRAPH V. PAYMENT FOR SERVICES, HEREIN MAY BE RENEGO-
TIATED BY THE PARTIES HERETO.
VII . CONFLICT OF INTEREST
IN THE EVENT CLAIM ADMINISTRATOR RECEIVES A CLAIM FROM CITY IN WHICH THERE
ARISES A CONFLICT OF INTEREST, CLAIM ADMINISTRATOR SHALL IMMEDIATELY NOTIFY CITY.
CITY MAY HIRE ANOTHER WELL-QUALIFIED CLAIMS FIRM TO HANDLE THAT PARTICULAR CLAIM
TO A CONCLUSION.
VIII . INDEPENDENT CONTRACTOR
IN PERFORMING CLAIMS ADMINISTRATION SERVICES HEREIN AGREEDUPON, CLAIM AD-
MINISTRATOR 'SHALL HAVE THE STATUS OF AN INDEPENDENT CONTRACTOR AND SHALL NOT BE
DEEMED TO BE AN OFFICER, EMPLOYEE, OR AGENT OF THE CITY.
IX. INDEMNIFICATION
CLAIM ADMINISTRATOR WILL INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST
ALL CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION WHICH MAY ARIgSE FROM THE ACTION,
CONDUCT, OR FAILURE TO ACT BY GREGORY B. BRAGG & ASSOCIATES, INC. PERSONNEL. THE
CITY WILL DEFEND, AT NO COST TO CLAIM ADMINISTRATOR, IN THOSE CiASES IN WHICH THE
CLAIM ADMINISTRATOR IS NAMED IN A FILED OR VERIFIED COMPLAINT SIMPLY BY VIRTUE
OF THE FACT THEY ARE THE CLAIMS ADMINISTRATION FIRM ON A GIVEN ,CLAIM.
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X. INSURANCE
CLAIM ADMINISTRATOR SHALL PROVIDE CITY WITH A CERTIFICATE F I
�� 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 ADMIN-
ISTRATOR HAS IN FULL FORCE AND EFFECT $1 ,000,000.00 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.
CITY OF REDDING
BY:
DATE
GREGORY B. BRAGG & ASSOCIATES, INC.
DATE GREGORY B5AGG, PRESIDENT`-
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