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HomeMy WebLinkAboutCC Resolution 11765 (Liability Claims Administration Services)RESOLUTION NO. 11765 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO AN AGREEMENT WITH GEORGE HILLS COMPANY FOR LIABILITY CLAIMS ADMINISTRATION SERVICES (JULY 1, 2005 to JUNE 30, 2008) WHEREAS, the CITY has determined that the general liability claims administration services provided by GEORGE HILLS COMPANY ("ADMINISTRATOR", herein) for the past several years have proven to be exceptional; and WHEREAS, the ADMINISTRATOR and CITY wish to continue this agreement for additional years into the future; and WHEREAS, the ADMINISTRATOR, mindful of City's current financial crisis, has offered to continue to provide CITY general liability claims administration services for an additional three (3) year period at a modest increase in cost; and WHEREAS, ADMINISTRATOR has experienced increased costs and charges in providing said claims adminsitration services. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby approves and authorizes the City Manager to execute The Second Amendment to the Agreement between the City and George Hills Company, for the provision of liability claim administration services, in the form attached hereto and incorporated herein. I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 6th day of June, 2005, by the following vote to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None JE4 M. LEONCIl�I, City Clerk ll� SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF SAN RAFAEL AND GEORGE HILLS COMPANY, INC., FOR GENERAL LIABILITY CLAIMS ADMINISTRATION SERVICES This Second Amendment to Agreement is made and entered into this 6th day of June, 2005 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and GEORGE HILLS COMPANY, (hereinafter "ADMINISTRATOR"). RECITALS WHEREAS, the CITY has determined that the general liability claims administration services provided by GEORGE HILLS COMPANY for the past several years have proven to be exceptional; and WHEREAS, the ADMINISTRATOR and CITY wish to continue this agreement for additional years into the future; and WHEREAS, the ADMINISTRATOR, mindful of City's current financial crisis, has offered to continue to provide CITY general liability claims administration services for an additional three (3) year period at a modest increase in cost; and WHEREAS, ADMINISTRATOR has experienced increased costs and charges in providing said claims administration services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. Paragraph 4 of the Agreement, "Term of Agreement", is amended to add the following language: "The term of this Agreement shall be extended for an additional three years, commencing on July 1, 2005 and ending on June 30, 2008." 2. Paragraph 5 of the Agreement, "Compensation", is amended to read as follows: "Further, for the ADMINISTRATOR's full performance of the services described herein for the term commencing July 1, 2005 and ending June 30, 2008, CITY shall pay ADMINISTRATOR an annual fee of: ➢ $73,500 each for the 7/1/05-6/30/06 and 7/1/06-6/30/07 fiscal years. ➢ $73,500 plus an adjustment not to exceed 5% for the 7/1/07- 6/30/08 fiscal year. ➢ Within 90 days of the expiration of the 06-07 fiscal year, ADMINISTRATOR shall provide CITY with suggested costs for the third year of the Agreement. Within 10 days of CITY's receipt of suggested costs, both parties shall meet to negotiate a firm cost for the third year. ➢ PROJECT MANAGER will make payments monthly upon receipt of invoices submitted by ADMINISTRATOR. ADMINISTRATOR shall also be paid reimbursement for expenses (mileage, photos, etc.) up to a maximum of $1,500.00 each fiscal year." 3. Except for the amendments referenced in paragraphs 1 and 2 above, all other terms, covenants and conditions of the original Agreement and First Amendment remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ROD GOULD, City Manager ATTEST: JEANNE M. LEONCINI, City Clerk APPROVED AS TO FORM: CLARK E. GUINAN. Assistant City Attorney 2 ADMINISTRATOR MIKE KIELTY, President George Hills Company, Inc. 1 01 . ►/ 1 30-00Biel_I TO AGREEMENT BETWEEN CITY OF SAN RAFAEL AND GEORGE HILLS COMPANY, INC., FOR GENERAL LIABILITY CLAIMS ADMINISTRATION SERVICES This Second Amendment to Agreement is made and entered into this 6th day of June, 2005 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and GEORGE HILLS COMPANY, (hereinafter "ADMINISTRATOR"). RECITALS WHEREAS, the CITY has determined that the general liability claims administration services provided by GEORGE HILLS COMPANY for the past several years have proven to be exceptional; and WHEREAS, the ADMINISTRATOR and CITY wish to continue this agreement for additional years into the future; and WHEREAS, the ADMINISTRATOR, mindful of City's current financial crisis, has offered to continue to provide CITY general liability claims administration services for an additional three (3) year period at a modest increase in cost; and WHEREAS, ADMINISTRATOR has experienced increased costs and charges in providing said claims administration services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. Paragraph 4 of the Agreement, "Term of Agreement", is amended to add the following language: "The term of this Agreement shall be extended for an additional three years, commencing on July 1, 2005 and ending on June 30, 2008." 2. Paragraph 5 of the Agreement, "Compensation", is amended to read as follows: "Further, for the ADMINISTRATOR's full performance of the services described herein for the term commencing July 1, 2005 and ending June 30, 2008, CITY shall pay ADME ISTRATOR an annual fee of. ➢ $73,500 each for the 7/1/05-6/30/06 and 7/1/06-6/30/07 fiscal years. ➢ $73,500 plus an adjustment not to exceed 5% for the 7/1/07- 6/30/08 fiscal year. ➢ Within 90 days of the expiration of the 06-07 fiscal year, ADMINISTRATOR shall provide CITY with suggested costs for the third year of the Agreement. Within 10 days of CITY's receipt of suggested costs, both parties shall meet to negotiate a firm cost for the third year. ➢ PROJECT MANAGER will make payments monthly upon receipt of invoices submitted by ADMINISTRATOR. ADMINISTRATOR shall also be paid reimbursement for expenses (mileage, photos, etc.) up to a maximum of $1,500.00 each fiscal year." 3. Except for the amendments referenced in paragraphs 1 and 2 above, all other terms, covenants and conditions of the original Agreement and First Amendment remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ROD GOULD, City Manager ATTEST: Xe�i�(�u cr h, . e . JE INNE M. LEONC , City Clerk APPROVED lAS TO YORM: (�-L'ARK E. GUINAN. Assistant City Attorney 2 ADMINISTRATOR MIKE rPresident— George Hills Company, Inc. OP ID C ACORD CERTIFICAI OF LIABILITY INSURDATE (MMIDD/YYYY)AN = GEORG-5 1 03/31/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Marsh AdvAmer CBC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9830 Colonnade Blvd #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Antonio TX 78230 Phone:888-591-1954 Fax:210-737-3584 INSURERS AFFORDING COVERAGE NAIC# INSURED I INSURER A: Hartford Casualty Ins Co 29424 INSURER B: George Hills Company, Inc. Ms. Janis Ryan I INSURER C: 3017 Gold Canal Dr, Suite 400 INSURER D: Rancho Cordova CA 95670-6129 I INSURER E: I 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 THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NbK'HUU L POLICY NUMBER LTR INSRC TYPE OF INSURANCE VULiUlr trr'CUI IVC I UL11 Y �A19K�+I IU V LIMITS DATE (MM/DD/YY) DATE (MM/DDfYY) GENERAL LIABILITY I EACH OCCURRENCEI $ 1000000 A X X COMMERCIAL GENERAL LIABILITY 54SBATB5934 UAMHUt 1 U nen I to 03/01/05 03/01/06 PREMISES(Ea S 300000 CLAIMS MADE X❑ OCCUR I MED EXP (Any one person) I S 10000 X Business Owners I PERSONALS ADV INJURY 1,11000000 GENERAL AGGREGATE I S 2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG ( $2000000 POLICY n PECOT- n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACCI S AUTO ONLY: qGG $ EXCESSIUMBRELLA LIABILITY I EACH OCCURRENCE $ 10,000,000 A X OCCUR F1 CLAIMSMADE 54SBATB5934 03/01/05 03/01/06 I AGGREGATE �$10,000,000 I$ DEDUCTIBLE I I S RETENTION $10,000 S WORKERS COMPENSATION AND 1 I uvl.bl/Hlll- um - TORY LIMITS I I ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT I SPECIAL PROVISIONS below S OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PRO /ISIONS City of San Rafael, its officers, agents and employees are named as additional insureds. CERTIFICATE HOLDER City of San Rafael Risk Manager Attn: Sharon Andrus P O Box 151560 San Rafael CA 94915-1560 ACORD 25 (2001/08) CANCELLATION SANRA-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIL OF ANY KIND ON HE INSURER, ITS AGENTS OR REPRESENTATIVES. _ AUTHORIZED REPRESENTATIVE r)V" . © ACORD CORPORATION 1988 ACORD, CERTI FICA i'E OF LIABILITY INSUs -kANCEI (MWDDN 005Y) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JOHN SARGEANT INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. BOX 831 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GLENDALE CA 91209 (818) 244-1144 INSURERS AFFORDING COVERAGE INSURED GEORGE HILLS COMPANY, INC. 3017 GOLD CANAL DRIVE, #400 INSURER A: ILLINOIS UNION INSURANCE COMPANY INSURER B: INSURER C: INSURER D: RANCHO CORDOVA CA 95670-6129 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 THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I POLICY EFFECTIVE 'POLICY EXPIRATION LTR TYPE OF INSURANCE I POLICY NUMBER DATE (MM/DD/YYl DATE (MWDD/YYI LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE C OCCUR =11'', GEN'L AGGREGATE LIMIT APPLIES PER: nPOLICY I I PRI - 1 F—I LOC 1 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS i �H NON -OWNED AUTOS I I GARAGE LIABILITY ANY AUTO I EXCESS LIABILITY IOCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER A MISC. PROFESSIONAL LIABILITY EACH OCCURRENCE S FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG I $ COMBINED SINGLE LIMIT $ (Ea acc dent) I BODILY INJURY $ (Per person) BODILY INJURYI $ (Per acc dent) PROPERTY DAMAGEI $ (Per accident) AUTO ONLY - EA ACCIDENT 1$ OTHER THAN EA ACC I $ E.L. DISEASE - EA EMPLOYEI $ E.L. DISEASE - POLICY LIMIT $ $2,000,000/CLAIN BM120021791 4/22/2005 4/22/2006 $2,000,000/AGGR. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: _ _ CANCELLATION 60 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN RAFAEL DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN: SHARON AND RUS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P. 0. BOX 151560 REPRESENTATI ES. SAN RAFAEL CA 94515-1560 AUTHORIZED RE ESE TATIVE ACORD 25-S (7/97) ' jqu_ACORPORATION 1988 LM: LPW v1.9.8 on 4/21/05 - 15:56 by UserName LP: LPW v1.9.6 on 4/21/05 - 15:58 by UserName PF vt.0.1 AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ I$ I$ $ WC STATU-OTH- TORY LIMITS I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEI $ E.L. DISEASE - POLICY LIMIT $ $2,000,000/CLAIN BM120021791 4/22/2005 4/22/2006 $2,000,000/AGGR. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: _ _ CANCELLATION 60 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN RAFAEL DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN: SHARON AND RUS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P. 0. BOX 151560 REPRESENTATI ES. SAN RAFAEL CA 94515-1560 AUTHORIZED RE ESE TATIVE ACORD 25-S (7/97) ' jqu_ACORPORATION 1988 LM: LPW v1.9.8 on 4/21/05 - 15:56 by UserName LP: LPW v1.9.6 on 4/21/05 - 15:58 by UserName PF vt.0.1 ACORD,,, CERTIFICATE OF LIABILITY INSURANCEDA?V(MAVbD/YY 10/27/04 PRODUCER Marsh Advantage America/ Seabury & Smith 160 Spear Street, 14t1' Floor San Francisco, CA 94105 Phone 415 983-5779 INSURED George Hills Company, Inc. 3017 Gold Canal Drive, 400 Rancho Cordova, CA 95670 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Everest National Insurance Co./IFIS INSURER B: INSURER C: INSURER D: INSURER E 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 THE TERMS, EXCLUSIONS AND CONDITIONS OF -SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR EFFECTIVE EXPIRATION(MIrfY LTR TYPE OF INSURANCE I POLICY NUMBER I DATEM ) I LIMITS GENERAL LIABILITY - - EACH OCCURRENCE X COMMERCIAL GENERAL LIABLITY + I $ CLAIMS MADE X OCCUR I FIRE DAMAGE (Any one fire) I $ MED EXP (Any one Person) I $ PERSONAL & ADV INJURY IJ $ GEN'L AGGREGATE LIMITAPPLIES PER I GENERAL AGGREGATE I $ POLICY X PROJECT LOC PRODUCTS-COM/OP AGG I $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ` A AUTO I (Ea accident) ALLOW ED AUTOS SCHEDULED AUTOS BODILY INJURY $ HIRED AUTOS (Per�ersonl \?!ON -OWNED AUTOS BODLY INJURY i I (Per accident) *Include Hire Physical PROPERTY DAMAGE $ (Per accident I DamaEes* GARAGE LIABILITY I AUTO ONLY—EA ACCIDENT I $ AN)' AUTO I I I OTHER THAN EA OCC $ AUTOONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE OCCUR CLAIMSMADE $ DEDUCTIBLE I AGGREGATE $ RETENTION S $ $ $ WORKERS COMPENSATION AND X WC STATU- OTH- EMPLOYERS' LIABILITY TORY LIMITS ER CA A 3900045756041 10/1/04 10/1/05 I EL EACH ACCIDENT I $1,00o.000 E L DISEASE -EA EMPLOYEE I $ ),000,000 EL DISEASE -POLICY LIMIT I $1,000.000 OTHER I I I I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate is issued to show Evidence of Insurance only. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION SAN RAFAEL, CITY OF DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TOMAIL 70 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE Attn: Sharon Andrus NO OBLICATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P.O. Boa 151560 REPRESENTATIVES San Rafael, CA 94515-1560 Marsh Advantage America. A Service of Seabury and Smith %-,-- / KL-�G Cc ri emin ACORD 25-S (7197) Note: Ten (10) Days Notice of Cancellation for Non-Pavment of Pr.ACORD CORPORATION 1993