HomeMy WebLinkAboutResolution No. 6618 (Liability Claims Administration)RESOLUTION NO. 661S __
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael, a contract, lease or agreement with
George Hills, Inc. for Liability Claims Administration Services
a copy of which is hereby attached and by this reference made a part
hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a regular meeting of the City Council of said
City held on Monday the fifteenth day of August
19~, by the following vote, to wit:
AYES: COUNCILMEMBERs:Breiner, Frugoli, Miskimen & Vice-Mayor Jensen
NOES: COUNCIL1ffinffiERs:None
ABSENT: COUNCIL1:IEMBERS: Mayor Mulryan
~~ LEONCI~I, City Clerk
INSURANCE AJlV1INISTRATION AND LlABILl1Y CLAI~'lS
ADJUSTING AND ADMINISTRATIrn
SERVI CE CONTRACT
THIS CrnI'RACT is nade and entered into this 15th day of Auqust
1983, by and between CITY OF SAN RAFAEL (hereinafter called the "City") and
GIDffiE HILLS COMPANY, INC., (hereinafter referred to as "Claim Administrator") .
GIDRGE HTI.,LS <X>MPANY, INC., is a California Corporation doing business
as licensed, independent insurance adjusters with George C. Hills, President
and d1ief Executive Officer in charge of daily operation. Their principal
place of business is located at 300 -27th Street, Oakland, California 94612,
Telephone (415) 465-1313.
IT IS HEREBY AGREED by and between the parties signing this agreement
as follows:
I. GENERAL
The City is desirous of availing itself of liability adjusting and
claim administrative services. GIDRGE HILlS CCMPANY, INC., is a claims
administration firm experienced in the handling of public entity claims
and is ready and capable of performing such service for the City.
I 1. SERV I CES
The claims administrator agrees to initiate prompt investigation. The
claims administrator will not accept any responsibility arising out of
incidents not reported to it for fficamination and review.
I I I • REPORTS AND PROCEDURES
An acknowledgment of receipt of each assignment will be submitted to the
City within thirty (30) days of notice of claim. That acknowledgment will be
in the form of a full captioned report showing nartEs of claimant, type of
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claim, date of loss, comments and evaluation on liability, reserve
recomrendations, and other pertinent informa.tion. Other reports will
follow routinely within thirty (30) days or extended diary if appropriate.
IV. DENIAL! COfflROf'lISE OR SEfTLEJVENT OF CLAIMS
IT IS AGREED that the City has designated $1,000.00 authority to the
claim administrator for the purpose of corrpromising and/or settling any claims
against the City. Prior approval to compromise or settle any claim will be
obtained from the designated City official or Risk Manager on matters
exceeding $1,000.00.
V. PAYf"ENT FOR SERVICES
The current prorata administration fee is $1,000.00 and subsequent
annual administration fee is $2,400.00, or $3,400.00 for seventeen (17)
nonths.
Time and expense charges will be incurred only when necessarily required
in the form of adjuster fees. Time and expense fees at the inception of the
contract will be as follows:
a) Adjuster's Fee: $30.00 per hour
b) Mileage: 40¢ per mile
c) Stenographic and Office OVerhead: 30% of hourly rate
(minimum $22.50)
d) Telephone Expense: 8% of hourly rate
e) Photographic Expense: $1.50 per colored print
f) Photocopy Expense: 30¢ per page
g) Insurance: 2~% of hourly rate
The above tllre and expense services apply to work billed to January 3,
1984. Time and expense increase, if any, will not exceed 7% per year, for
the following year.
The claliu administrator shall submit its time and expense bills on a
nonthly basis and pa~t should be within a reasonable period of time, not
to exceed sixty (60) days. In the event a claim is open six nonths, or
exceeds 10 hours time, the claim administrator shall submit an interim bill.
I.
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V. TERM
The term of this agreerrent shall be from September 1, 1983, to and
including January 3, 1985. This contract shall be terminated by either
party, for any reason, upon thirty (30) days written notice.
This contract may be renewed on its anniversary subject to the
sarre terms and conditions, except that Paragraph V, PAYMENT FOR SERVICES,
herein may be renegotiated by the parties hereto.
VI. INDEPENDENT CONTRACTOR
In performing claims administrative se:rvices, herein agreed upon, the
claim administrator shall have the status of an independent contractor and
shall not re deerred to be an officer, employee or agent of the City.
VII. INDEMNIFICATION
The claim administrator will indemnity and hold harmless the City
from and against all claims, demands, actions or causes of action which may
arise from the action, conduct, or failure to act by GEORGE HILLS C(1v1J?ANY,
INC., personnel. The City will defend at no cost to the claim administrator
in those cases wherein the claim administrator is narred in a filed, or
verified corrplaint sirrply by virtue of the fact that they are the claims
administration firm on a given claim.
VI I I. INSURANCE
The claim administrator will provide the City with a Certificate of
Insurance, duly executed by the insurance company or companies authorized
to transact business in the State of califoD1ia, and said Certificate shall
certify that the claim administrator has in full force and effect $1,000,000.00
coverage applying to l:xxiily injury, personal injury, and property damage,
and statutory workers compensation coverage.
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The claim administrator shall maintain errors and omissions coverage in
the amount of $1,000,000.00 per occurrence and shall also maintain employee
fidelity bond coverage in the sum of $100,000.00.
CITY OF SAN RAFAEL
~2.<4.e:r
Mayor Title Date
ATTEST:
~.~~.~ City ctek GEORGE HIllS Ca-1PANY, INC. ".
Date