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HomeMy WebLinkAboutCA Claims Administration Services 2014Department: City Attorney Prepared by: Lisa A. Goldfien Assistant City Attorney Agenda Agenda Item No: 3 * b gell Meeting Date: August 18, 2014 ity Manager Approval: ki, . Consideration of Adoption of a Resolution Approving and Authorizing the City Manager to Execute an Agreement with George Hills Company for the Provision of Third -Party Liability Claims Administration Services for a Five -Year Period (July 1, 2014 to June 30, 2019) RECOMMENDATION: Staff recommends that the City Council adopt the Resolution renewing the contract with George Hills Company for a new 5 -year period. BACKGROUND: In 2001, after an extensive RFP process to qualify, investigate and interview candidates to administer the City's third -party liability claims, the City awarded a contract to George Hills Company, a long-established Northern California provider of third -party liability claims administration for public entities. Since then, George Hills has handled the City's liability claims out of its Sonoma and Solano County offices. The claims have been handled efficiently, promptly and at reasonable cost. ANALYSIS: For cities the size of San Rafael, with our level of staffing, it is not possible to reliably maintain the capacity to manage claims adjustments, investigations and other liability claims administration functions in-house. Therefore, the City will continue to need to contract for these services. City staff has been happy with the services provided by George Hills Company. Ms. Diane Caravello, the account manager for the City's claims, has established an excellent working relationship with all City Departments; consequently City staff has confidence in the company's ability to effectively manage the City's liability claims. Staff therefore recommends renewing the current agreement with George Hills Company for third -party claims administration services. The City's past contracts with George Hills Company have all had 3 -year terms. This year, the company has suggested a 5 -year term instead, which would allow the company to offer reduced rates, as shown below: 111:4-AE41,11 Council Meeting. Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Under the 3 -year proposal, the average annual cost to the City would be $86,676, while under the 5 -year proposal, the average annual cost would be $86,000. Staff recommends renewing the agreement for a 5 -year term, which will result in overall savings to the City and desirable continuity of services. A draft proposed agreement is attached to this staff report. FISCAL IMPACT: Under the proposed 5 -year contract, the compensation for the first contract year would be slightly less than the amount paid in 2013-2014, and would rise by approximately 5% total over the 5 -year term of the contract, a modest increase staff believes to be reasonable. There are sufficient funds and current -year appropriations in the City's general liability internal service fund to support the proposed contract. OPTIONS: I Adopt the Resolution as recommended, approving and authorizing the City Manager to renew the City's agreement with George Hills Company for a five (5) year term from July 1, 2014 through June 30, 2019; or 2. Adopt a modified Resolution approving and authorizing the City Manager to renew the City's agreement with s® Hills Company for a three (3) year term from July 1, 2014 through June 30, 2017; or 3. Refer the matter back to Staff with directions to explore other options. ACTION REQUIRED: Adopt the attached Resolution Approving and Authorizing the City Manager to Execute an Agreement with George Hills Company for the Provision of Third -Party Liability Claims Administration Services for a Term of Five (5) Years (July 1, 2014 to June 30, 2019). ATTACHMENTS: Resolution Draft Agreement Previous Contracts New Three (3) Year New Five (5) Year Contract Contract 2009-10 $77,175 2010-11 $77,175 2011-12 $81,262 2012-13 $8207 2013-14 $841545 2014-15 $841545 $841500 2015-16 $86,659 $84!500 2016-17 $88,825 $85!500 2017-18 $8700 2018-19 $881500 Under the 3 -year proposal, the average annual cost to the City would be $86,676, while under the 5 -year proposal, the average annual cost would be $86,000. Staff recommends renewing the agreement for a 5 -year term, which will result in overall savings to the City and desirable continuity of services. A draft proposed agreement is attached to this staff report. FISCAL IMPACT: Under the proposed 5 -year contract, the compensation for the first contract year would be slightly less than the amount paid in 2013-2014, and would rise by approximately 5% total over the 5 -year term of the contract, a modest increase staff believes to be reasonable. There are sufficient funds and current -year appropriations in the City's general liability internal service fund to support the proposed contract. OPTIONS: I Adopt the Resolution as recommended, approving and authorizing the City Manager to renew the City's agreement with George Hills Company for a five (5) year term from July 1, 2014 through June 30, 2019; or 2. Adopt a modified Resolution approving and authorizing the City Manager to renew the City's agreement with s® Hills Company for a three (3) year term from July 1, 2014 through June 30, 2017; or 3. Refer the matter back to Staff with directions to explore other options. ACTION REQUIRED: Adopt the attached Resolution Approving and Authorizing the City Manager to Execute an Agreement with George Hills Company for the Provision of Third -Party Liability Claims Administration Services for a Term of Five (5) Years (July 1, 2014 to June 30, 2019). ATTACHMENTS: Resolution Draft Agreement RESOLUTION NO. 13782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GEORGE HILLS COMPANY FOR THE PROVISION OF THIRD -PARTY LIABILITY CLAIMS ADMINISTRATION SERVICES FOR A TERM OF FIVE (5) YEARS (JULY 19 2014 TO JUNE 30,2019) WHEREAS, the City Council 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, George Hills Company and the City wish to continue their agreement for such services for additional years into the future; and WHEREAS, George Hills Company has offered to continue to provide the City with general liability claims administration services for an additional five (5) year period at a modest increase in cost. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby approves and authorizes the City Manager to execute an Agreement with George Hills Company for the Provision of Third Party Liability Claims Administration Services for a Term of Five (5) Years (July 1, 2014 To June 30, 2019), in the form attached hereto as Exhibit "A" and incorporated herein, as finally approved by the City Attorney. 11, Esther C. Beirne, 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 18th day of August, 2014, by the following vote to wit: AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None ESTHER C. BEIRNE, City Clerk AGREEMENT BETWEEN CITY OF SAN RAFAEL AND GEORGE HILLS COMPANY FOR THE PROVISION OF THIRD PARTY -LIABILITY CLAIMS ADMINISTRATION SERVICES FOR A FIVE YEAR PERIOD (JULY 19 2014 TO JUNE 309 20 19) This contract is made and entered as of the /5io* _ day of 4JCQ-V_, 20147 by and between THE CITY OF SAN RAFAEL, hereinafter called CLIENT, and GEORGE HILLS COMPANY, INC., hereinafter referred to as the CLAIMS ADMINISTRATOR. The CLAIMS ADMINISTRATOR is a California Corporation doing business as licensed, independent insurance adjusters and administrators, with John E. Chaquica, President in charge of daily operations. The company's corporate office is located at 3043 Gold Canal Dr, Suite 200, Rancho Cordova, California, 95670, telephone, (916) 859-4800. The CLIENT is the City of San Rafael at P.O. Box 151560, San Rafael, CA, IT IS HEREBY AGREED by and between the parties signing this agreement as follows: I. GENERAL CLIENT is desirous of availing itself of property and liability claims adjusting an• administrative services. The CLAIMS ADMINISTRATOR is a claim administrative fir experienced in the handling of self-insured claims and is ready and capable o performing such services. As such, the CLAIMS ADMINISTRATOR shall act as representative with the investigation, adjustment, processing, supervision an evaluation of general liability, motor vehicle, and potential money damage claim assigned by third parties against clients, or against parties for whom the CLIENT i alleged to be legally responsible, which are premised upon allegations of willful intentional, negligent or carless acts and/or omissions. II. SCOPE OF SERVICES CLAIMS ADMINISTRATOR agrees to provide complete claim handling services on each accident or incident which is or may be the subject of a claim. Such services shall include the following: CLAIMS ADMINISTRATOR agrees to provide complete investigative services including, but not limited to: 1) Receipt and examination of all reports of accidents or incidents that are or may be the subject of claims. Claims Adjusting and Administration Services Between the City of San Rafael and George Hills Company C:\Users\lisag\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\PJSH20BG\2014-2019 contract 08 22 14 City rev (2).doc CITY REV. 8/22/14 page I of 13 Ah Ah Aft Ah 0 0 AM Ah AM Ab Ah Alk Ab Aft Ab Aft Ab Aft M Ah Aft A A As Ak Aft A% Ak As Aft AM dft Ift M a i, M a Ah M i Ah a Is a AM A A lot A& Ak M Ak a Aft Ah AM Afta i Aft at Aft Aft M AS A& In Ah M M Ab Ah Aa i. 0 • do Aft Aft a a Aft A& i •M AM • Aft AN a Aft A& AM A^k W AM AM Ah As Claims Adjusting and Administration Services Between the City of San Rafael and George Hills Company *AClient Contracts & lnfo\San Rafael, City of\Contract\2014-2019 contract 08 22 14 City revdoc CITY REV. 8/22/14 page 2 of 13 C. LEGAL SUPPORT SERVICES CLAIMS ADMINISTRATOR agrees to provide the following legal support services on each claim in which a third party claimant has commenced or threatened to commence litigation: 1) Upon notification by the CLIENT that litigation has been filed on an open claim, contact and provide counsel with all information and files concerning the claim. 2) Cooperate with and assist any counsel assigned to litigation of open claims and provide such investigative services as directed during pre-trial and trial stages. 3) Assist in responding to discovery or preparing discovery. 4) At the request of the CLIENT, attend mandatory settlement conferences on behalf of CLIENT. 5) At the request of the CLIENT appear on behalf of CLIENT in small claim actions filed against CLIENT on open claims handled by CLAIMS ADMINISTRATOR. 6) Review, evaluate and adjust counsel statements for services. 7) Regularly and reasonably discuss, review, and direct investigation issues, discovery, and case strategy with counsel. 8) Review and evaluate case evaluations, correspondence and status reports forwarded to CLAIMS ADMINISTRATOR by counsel. 9) Cooperate with counsel as a team with an open communication approach on each case to obtain the most economical and best result for the CLIENT. D. REPORTS AND PROCEDURES: CLAIMS ADMINISTRATOR agrees to provide the following: 1) Within thirty (30) days of assignment, or sooner if practicable, required, or requested, CLAIMS ADMINISTRATOR will provide CLIENT with a full factual report, showing name(s) of claimant(s), type of claim, date of loss, comments on liability, reserve recommendations, settlement recommendations, and other pertinent information. Subsequent to the initial thirty (30) day report, the CLAIMS ADMINISTRATOR will report at least every thirty (30) days until the claim closes unless extended diary is appropriate. 2) All original reports, documents, and claim data of every kind or description, that are prepared in whole or in part by or for the CLAIMS ADMINISTRATOR in connection with this agreement shall be CLIENT's property and constitute the CLAIMS ADMINISTRATOR'S work product for which compensation is paid. A copy of all Claims Adjusting and Administration Services Between the City of San Rafael and George Hills Company *AClient Contracts & Info\San Rafael, City of\Contract\2014-2019 contract 08 22 14 City rev.doc CITY REV. 8/22/14 page 3 of 13 reports, documents, and claim data of every kind or description that is in whole or in part by or for the CLIENT is the property of the CLAIMS ADMINISTRATOR. Addonal copies of original reports, documents, and data requested by the CLIENT will be at the CLIENT's expense in accordance with this agreement. 3) CLAIMS ADMINISTRATOR agrees that CLIENT or its auditors shall have access to and the right to audit and reproduce any of the CLAIMS ADMINISTRATORs relevant records to ensure that the CLIENT is receg all services to which the CLIENT is entitled under this Agreement or for the purpose relating to the Agreement. OTTIV Clail 1) Utilize its "State of the Art" claims information system. liq 1 11 1111 i I � � 11111 � � TOTM i ;��MC Ili � 111 1 40 H111 � � IT11rew !1111111111'11 111!1111 � 3) Provide CLIENT Read only on-line access to the claims data system, if desired by CLIENT. i 111pliql1i J 5) Provide annual claims data report for actuary and auditors upon request. 7) Provide assistance to CLIENT in developing customized reports when requested (may require additional charge). 8) If applicable, provide conversion of claims data beginning with the fiscal year at a cost not to exceed F. CLAIM REVIEW MEETINGS CLAIMS ADMINISTRATOR shall, upon request, meet and review with CLIENT to discuss claims inventory and claims results of past period and delivery of services by CLAIM ADMINISTRATOR. G. FINANCIAL ACCOUNTING 1) Establish and maintain a trust fund for the purpose of paying indemnity and expenses that may be due on the claims. The amount to be maintained in the trust fund shall be determined by the CLIENT. 2) Maintain a copy of all checks drawn by the CLAIMS ADMINISTRATOR to pay benefits on claims and claims related expenses. Claims Adjusting and Administration Services Between the City of San Rafael and George Hills Company 0AChent Contracts & lnfo\San Rafael, City of\Contract\2014-2019 contract 08 22 14 City rev.doc CITY REV. 8/22114 page 4 of 13 rM Moll 4) Complete or update Attachment B "Preferred Method of Check Processing" for check processing options. If, during the course of GHC handling a general liability and/or subrogation claim for CLIENT, the institution of a civil action is determined by CLIENT to be the best course of action and in the best interest of CLIENT, then CLIENT may, at CLIENT"s Claims Adjusting and Administration Services Between the City of San Rafael and George Hills Company OAClient Contracts & Info\San Rafael, City of\Contract\2014-2019 contract 08 22 14 City rev.doc CITY REV. 8/22114 page 5 of 13 It is agreed that CLIENT has granted $25,000 authority to the CLAIMS ADMINISTRATOR for the purpose of compromising and/or settling any claims against CLIENT being handled by the CLAIMS ADMINISTRATOR. Prior approval to compromise or settle any claim, or pay any expense will be obtained from the designated CLAIM's officer or employee on matters exceeding the authority granted above. 10:1111111 CLAIMS ADMINISTRATOR shall retain in accordance with the CLIENT's recor retention policy up to a maximum of 7 years. For the first year paper files will b" retained. For years 2 through 7 the files will be scanned and paper files shredded. Afte 1 7 years, unless requested by the CLIENT to retain at its own expense, CLAIM,4- 1 DMINISTRATOR shall delete the scanned files in accordance with the timeline state • in Attachment C. V. CONFIDENTIALITY All data, documents, discussions, or other information developed or received by or for CLAIMS ADMINISTRATOR in performance of this agreement are confidential and not to be disclosed to any person except as authorized by CLIENT or CLIENT's designee, or as required by law. V1. CONFLICT OF INTEREST In the event the CLAIMS ADMINISTRATOR receives a claim from the CLIENT i which there arises a "conflict of interest," the CLAIMS ADMINISTRATOR sha immediately notify CLIENT. CLIENT may then, at their expense choose to hire anothe well-qualified claims firm to handle that particular claim to a conclusion. The CLAIM ADMINISTRATOR covenants that it presently has no interest, direct or indirect, whic would conflict in any manner with the performance of services required under thi agreement. 1) CLIENT shall cooperate with Claims Administrator as may be reasonably necessary for Claim Administrator to perform its services. 2) CLIENT agrees to provide direction to Claims Administrator as requeste*, regarding particular project requirements. 3) CLIENT shall identify primary contact person for account as well as for billing and loss run submission. In addition, CLIENT shall be responsible for reporting all changes thereto. Claims Adjusting and Administration Services Between the City of San Rafael and George Hills Company 0:\Client Contracts & Info\San Rafael, City of\Contract\2014-2019 contract 08 22 14 City rev.doc CITY REV. 8/22114 pagae 6 of 13 4) CLIENT shall be responsible for reporting all Bodily Injury Claims in addition to all other items noted in Attachment A "Medicare, Medicaid, and SCHIP Extension Ad of 2007 (MMSEA)II 5) CLIENT shall be responsible for calculating and maintaining pool aggregate information. 4 CLIENT agrees to pay CLAIMS ADMINISTRATOR for services described in Section 11 — Scope of Services. 1) CLIENT agrees to pay CLAIMS ADMINISTRATOR for services described in Section 11- Scope of Services an annual fee of $84,500 for the first two years t, $859500 for the third year, $87,000 for the fourth year, and $88,500 for the fifth year of this five agreement. 2) Subrogation Fee: Upon CLIENT's request, CLAIMS ADMINISTRATOR shall provide subrogation services in a scope and at a fee to be agreed upon at the time of the request. Such agreement shall be made by execution of a written Addendum to this Agreement. IX. PAYMENT SCHEDULE The CLAIMS ADMINISTRATOR will submit its bills to CLIENT, and payment shall be made by CLIENT, within a reasonable period of time, not to exceed thirty (30) days. A 140al iv, I The term of this contract shall be from July 01 1 2014 to and including June 30, For the purpose of maintaining the continuity of claims administration for CLIENT upon the end of the term of this Agreement, or upon termination pursuant to Section XI herein, CLAIMS ADMINISTRATOR may continue to perform services as outlined in Section 11 on a month-to-month basis, at the rates then in effect. X1. TERMINATION CLIENT and CLAIMS ADMINISTRATOR shall have the right to terminate this agreement without cause, by giving not less than ninety (90) days written notice of termination. X11. FAIR EMPLOYMENT It is the policy of George Hills Company to provide fair and equal treatment to all staff members. George Hills Company is an Equal Opportunity Employer and does not discriminate in any way against any person on the basis of age, race, sex, color, Claims Adjusting and Administration Services Between the City of San Rafael and George Hills Company 0AClient Contracts & lnfo\San Rafael, City of\Contract\2014-2019 contract 08 22 14 City rev.doc CITY REV. 8/22/14 page 7 of 13 national origin, national ancestry, physical disability, medical condition, religion, creed, marital status, sexual orientation, gender idencation or any other classcation deemed protected by law. 0 91 191LI k i Sq.1T,4 1W El In performing claims administrative services herein agreed upon, the CLAIMS ADMINISTRATOR shall have the status of an independent CLAIMS ADMINISTRATOR and shall not be deemed to be an officer, employee, or agent of CLIENT. The CLAIMS ADMINISTRATOR will defend, indemnify, and hold harmless CLIENT from and against all claims, demands, actions, or causes of action, which may arise, from the action, conduct, or failure to act by CLAIMS ADMINISTRATOR personnel. CLIENT will defend, indemnify, and hold harmless the CLAIMS ADMINISTRATOR from and against all claims, demands, actions, or causes of action, which may arise, from the action, conduct, or failure to act by CLIENT. CLIENT will defend, at no cost to the CLAIMS ADMINISTRATOR; in those cases wherein the CLAIMS ADMINISTRATOR is named in a filed or verified complaint simply by virtue of the fact it is the CLAIMS ADMINISTRATION firm on a given claim. XV. INSURANCE The CLAIMS ADMINISTRATOR shall provide CLIENT with Certificates of Insurance duly executed by the insurance company or companies authorized to transact business in the State of California, and said Cercates shall certify that the CLAIMS ADMINISTRATOR has in full force and effect $1,000,000 coverage applying to bodily injury, personal injury, property damage, errors and omissions coverage, statutory workers compensation coverage, and shall also maintain an employee fidelity bond in the amount of $500,000. Thirty (30) days notice, in wrng, prior to cancellation or reduction in coverage will be provided. The insurance coverage required of the CLAIMS ADMINISTRATOR shall also meet the following requirements: 1 ) The insurance shall be primary with respect to any insurance or coverage maintained by CLIENT and shall not call upon CLIENT's insurance or coverage w contribution. 2) Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 3) Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CLIENT, its officers, agents, and employees as additionally named insureds under the policies. Claims Adjusting and Administration Services Between the City of San Rafael and George Hills Company 0 -\Client Contracts & lnfo\San Rafael, City of\Contract\2014-2019 contract 08 22 14 City rev.doc CITY REV. 8/22/14 page 8 of 13 4) CLAIMS ADMINISTRATOR shall provide to CLIENT (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CLIENT, its officers, agents and employees, as additional insureds under the policies. KATJ =4 Ji I During the period of this contract, and for a period of one (1) year thereafter, th( CLAIMS ADMINISTRATOR agrees not to solicit for employment any CLIENT employe( contacted during the performance of this agreement; CLIENT agrees not to solicit fo employment, or employ, during the period of this contract, and for a period of one (1 year thereafter, any employee of the CLAIMS ADMINISTRATOR contacted by th( CLIENT during the performance of this agreement. XV11. PERMITS,, LICENSES,, CERTIFICATES CLAIMS ADMINISTRATOR, at CLAIMS ADMINISTRATOR'S sole expense, shal obtain and maintain during the term of this Agreement, all permits, licenses, an( certificates required in connection with the performance of services under thi! Agreement, including appropriate business license. XV111. ARBITRATION CLAIMS ADMINISTRATOR and CLIENT •agree that in the event •of any •dispute with regard to the provisions of the Agreement, the services rendered or the amount oi CLAIMS ADMINISTRATOR'S compensation the dispute shall be submitted to arbitration upon mutual agreement of the parties, under such procedures as the parties may agree upon, or, if the parties cannot agree, then under the Rules of the American Arbitration Association. mww-ne-1 t[q4� All notices to the CLAIMS ADMINISTRATOR shall be personally served or mailed, postage prepaid, to the following address: George Hills Company, 3043 Gold Canal Dr Ste 200, Rancho Cordova, CA 95670. All notices to the CLIENT shall be personally served or mailed, postage prepaid, 1. to the following address: City of San Rafael, P.O. Box 151560, San Rafael, CA 94915. CLAIMS ADMINISTRATOR and CLIENT agree that the terms and conditions of the Agreement may be reviewed or modified at any time. Any modifications to this Agreement, however, shall be effective only when agreed to in writing by both the CLIENT and CLAIMS ADMINISTRATOR. XX. ENTIRE AGREEMENT Claims Adjusting and Administration Services Between the City of San Rafael and George Hills Company 0AClient Contracts & Info\San Rafael, City of\Contract\2014-2019 contract 08 22 14 City rev.doc CITY REV. 8/22/14 pa,ae 9 of 13 CLAIMS ADMINISTRATOR and CLIENT agree that this agreement constitutes 'the entire agreement of the parties regarding the subject matter described herein and supersedes all prior communications, agreements, and promises, either written or oral. XIX. TIME OF ESSENCE Time is of the essence in respect to all proons of this Agreement that specifl,,M a time for performance: provided, however that the foregoing shall not be construed t limit or deprive a party of the benefits of any grace or use period allowed in thi Agreement. I Lf BY: Date John ./Chaquica, President GEORGE HILLS COMPANY INC. x/21 /• BY: L -Ci {1� Date Nancy Mackle, City Manager CITY OF SAN RAFAEL -sther C. Beirne, City Clerk Robert F. Epstein, City Aftorney' Claims Adjusting and Administration Services Between the City of San Rafael and George Hills Company 0 -\Client Contracts & lnfo\San Rafael, City of\Contract\2014-2019 contract 08 22 14 City rev.doc CITY REV. 8/22/14 page 10 of 13 ATTACHMENT A MEDICARE, MEDICAID, AND SCHIP EXTENSION ACT OF 2007 (MMSE4 0 M 0 9 9 Ak Ak A dF W W W dev do 0 0 0 L •. 0 0 0 6 a 0 a Aft 0 Ak so 6 Alk 00 Ak go - 0 4 0 Ah 0 Aft f f 0 Aft 0 0 0 0 so 0 0 0 0 Ab Ah Aft 0 0 0 4ft 0 0 Ah 0 a 0 S Aft So Aft 0 0 0 6 0 A& Ak 0 0 Ak 0 4 0 'k 4ft 0 0 0 0 4t 0 6 10 0 4 4 0 0♦ AA%k 0 Aft 0 'k 9 0 0 6 0 0 0 0 0 0 0 0 Ah AM 4 0 4 'k -6 a a 0 Ah 9 so Ak 0 Ak 9 0 'i 0 0 0 a 0 0 Ah 0 0 0 6 0 9 Ak 0 0 AU 4 Ah AAak 6 0 Ak 0 0 0 0 Aft 0 of 0 0 'k so f Ak W W W W - W 0 Aft a Ab Ab 0 Afti i Ah ♦ S iAh 0 0 0 S 'k 0 0 ii 0 Ak Ak Ak 9 0 Ak 9 0 a a 0 i` 0 0 0 6 Ak 0 0 0 0 0 Ak Aft 0 Ak 4 0 Ak Aft so 0 0 0 0 • 0 Ak 0 Ak 0 a 0 0 0 am 0 A& 6 Ak 0 Aft .9k i• A& :i a Ak Aft Ak so 0►0 as Ak Aft • Aft Ak Ak 9 0 Ak 0 Aft i• Ak Aft 1 i• L 0 Aft Aft 0 0 in i4ol 1 0• Ak i iFRI Claims Adjusting and Administration Services Between the City of San Rafael and George Hills Company 0:\Client Contracts & lnfo\San Rafael, City of\Contract\2014-2019 contract 08 22 14 City rev.doc CITY REV. 8/22/14 page 11 of 13 ATTACHMENT B PREFERRED METHOD OF CHECK PROCESSING 1 Selection of Bank a) Clients Choice Name West America Bank Address 1108 Fifth Ave., San Rafael, CA 94901 Please provide signature cards, sample check, starting check number, name of contact person b) GHC uses CA Bank & Trust F-1 2. Trust Balance Desired $ -0- (zero balance account with automatic transfers as GHC issues checks) 3. Account funding: GHC will notify client when the balance falls below required balance 4A. Number of Signatures Required AS IS a) One El b) Two on all checks F-1 c) Two on checks in excess of $ F-1 4B If two signatures are required please specify: a) Both GHC F-1 b) One GHC, one. client GHC signers: Michael J Kielty, CEO; John Chaquica, President; Kimberly Santin, Finance Director 5. Accountability a) Positive Pay Yes E] No GHC recommends positive pray to mitigate the potential for fraud. b) Daily check registers Yes No E] c) Statement to be balanced by client E d) Statement to be balanced by GHC with copies to client E] Claims Adjusting and Administration Services Between the City of San Rafael and George Hills Company 0 -\Client Contracts & Info\San Rafael, City of\Contract\2014-2019 contract 08 22 14 City rev.doc CITY REV. 8/22114 page 12 of 13 ATTACHMENT C TIME LINE FOR RECORD RETENTION 11fMom me, 11111liq 1111111q�iiiiiiiq� a �•111 111 �� ��ififfo= Loss Runs 1111`1111o;;' �::Iil ir� 1 1111111q� 111111 =0- lk 3 years from age 18 or 7 years whichever is longer from closure 5 years after litigation is concluded Closed + 2 years unless litigated 07irly, Closed + 2 years unless litigated uWayl-, Current year end report + 7 years Claims Adjusting and Administration Services Between the City of San Rafael and George Hills Company *AClient Contracts & lnfo\San Rafael, City of\Contract\2014-2019 contract 08 22 14 City rev.doc CITY REV. 8122/14 page 13 of 13 A/Ad Aoeo� ... Hills C 0 M P A N Y Claims andjPA Management Services Corporate Headquarters 3043 Gold Canal Dr., Suite 200, Rancho Cordova, CA 95670 Phone: (916) 859-4800 Fax: (916) 859-4805 Lisa A. Goldfien City of San Rafael 1400 Fifth Avenue San Rafael, CA 94915 RECEIVEU, Enclosed are two (2) executed copies of the Agreement between City of San Rafael and George Hills Company for the Provision of Third Party Liability Claims Administration Services. Please provide us with one fully executed original for our records. Please contact us with any questions. We look forward to providing the City with quality service in the years to come. Very truly yours, GEORGE HILLS COMPANY Maya Maas Corporate Analyst (916) 859-4832 F47M Fairfield Lakeport Norco Sacramento/Rancho Cordova San Bernardino San Francisco San Jose www.georgehills.com (800) 942-2358 Adjuster License 2607498 P.I. License 16154 j A" 1 UPI INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL 1 AGENCY. SRSA 1 SRCC AGENDA ITEM NO. DATE OF MEETING: August 18, 2014 FROM: LISA A. GOLDFIEN TITLE OF iiCUMENT: CONSIDERATION OF ADOPTION OF ♦ RESOLUTION APPROVING ♦ i AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GEORGE HILLS COMPANY FOR THE PROVISION OF THIRD -PARTY LIABILITY FOR ♦ ♦' PERIOD (JULY 17 2014 TO JUNE 30,2019) Department Head (signature) (LOWER ♦ OF 1. O. ♦.rill ONLY) APPROVED AS TO FORM: VIM City Attorney (signature)