CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Human Resources Department Project Manager: Laura Marquez Project Manager E-mail: Project Manager Phone No:
[email protected] (510) 620-6974
P.R. No: Vendor No: 6596 P.O./Contract No:
Description of Services:
First party subrogation recovery services.
Amendment No. 1 modifies the: (2"° or subsequent amendments attach Amendment History page) _Term, Payment Limit and Service Plan Payment Limit and Service Plan •Term and Service Plan Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name: George Hills Company, Inc.
Street Address: 3043 Gold Canal Drive #200
City, State, Lip Code: Rancho Cordova, CA 95670
Contact Person: John Chaquica
Telephone: (925) 859-4824 Email: [email protected] Business License No: 40018218 / Expiration Date: January 22, 2022 A California V corporation, I limited liability corporation [ general partnership, non-profit corporation,
individual dba as [specify:]
other [specify:]
Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on June 18, 2019 , which original term commenced on July 1, 2019 and terminates June 30, 2022 with an original contract payment limit of $510,000.00 . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND, CALIFORNIA CONTRACTOR:
a municipal corporation George Hills Company, Inc.
By L ("The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
Tite: CAt- manager
I hereby certify that the Original Contract CEO
and this Amendment have been approved Title:
by the City Council or executed by the City (*The Corporation Chief Financial Officer, Secretary or Manager. Assistant Secretary should sign on the line below.) datina Lundy By Lim artis
By.
City Clerk (Deputy) Tite: Finance Director
(NOTE: Pursuant to California Corporations
Approved as to form: Code Section 313, if Contractor is a corporation or nonprofit organization, this
Contract (1) should be signed by the
Leike Cutor Chairperson of the Board, President or
City Attorney SR. Acst. dA Vice-President and the Chief Financial Officer, Secretary or Assistant Secretary; (2)
List of Attachments: should have both signatures conform to
1. Amendment Provisions designated representative groups pursuant
2. Updated Insurance Certificates to Corporations Code Section 313.
Contract Amendment/EJ/TE 09-26-07
Contract Amendment between the City of Richmond anc
George Hills Company, Inc.
Amendment No. P.O./Contract No.
1 AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR'S OBLIGATION'S)
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Amend contract to include first party subrogation recovery services as described in the attached Scope of Services (Attachment I).
Contract Amendment/EJ/TE 9-26-07
ACORD DATE (MM/DAYYY)
CERTIFICATE OF LIABILITY INSURANCE
12/18/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).
NAME Certificate Department
Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. FAX, No): 925-299-0328 3697 Mt. Diablo Blvd, Suite 300 (A/C, . No. Ext): 925-299-1112 E-MAIL
Lafayette CA 94549 ADDRESS: [email protected]
INSURERS) AFFORDING COVERAGE NAIC #
License#l: 0726293| INSURERA: Underwriters at Lloyd's, London 11230 INSURED GEORHIL-03 INSURER B: Citizens Insurance Company of America 31534
George Hills Company Inc. INSURER C: Allmerica Financial Benefit Insurance Co 41840 10940 White Rock Road
Suite 100 INSURER D: Hanover American Insurance Company 36064 Rancho Cordova CA 95670 INSURER E: Underwriters at Lloyd's London 15792 INSURER F:
CERTIFICATE NUMBER: 518170205
HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIC DICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH
PERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM XCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TYPE OF INSURANCE POLICY NUMBER
X COMMERCIAL GENERAL LIABILITY OBF H389929 00 $2,000,000
DAMAGE TO RENTED
CLAIMS MADE X OCCUR PREMISES (Ea occurrence) $1,000,000 MED EXP (Any one person) $5,000
PERSONAL & ADV INJURY $ 1.000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 X POLICY PROT LOC PRODUCTS - COMPIOP AGG $4,000,000
OTHER: 31.00000
AUTOMOBILE LIABILITY AWF H389932 00 10/1/2020 10/1/2021 X ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED
AUTOS ONLY AUTOS ONLY EA +
UMBRELLA LIAB OCCUR OBF H389929 00 10/1/2020 10/1/2021 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000
I RETENTIONS $
TWORKERS COMPENSATION WZF H389943 00 10/1/2020 10/1/2021 X STATUTE T
AND EMPLOYERS' LIABILITY Y/N
NYPROPRIETOR/PARTNER/EXECUTIV E.L EACH ACCIDENT $1,000,000
FFICER/MEMBER EXCLUDED N/ A
(Mandatory in NH) ELL. DISEASE -EA EMPLOYEE $1,000,000
EESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT$1,000,000 A Professional Ltabllty/$25k Reten MPL210588920 2/30/202 10/1/2021 52,000-18-2018 ESJ032176297€ 10/1/2021 10/1/2021
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Richmond ACCORDANCE WITH THE POLICY PROVISIONS
Attn: Risk Management
PO Box 4046 AUTHORIZED REPRESENTATIVE
Richmond CA 94804
habit Manne
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number:OBF H389929 00
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SUMMARY OF COVERAGES Limits Page
1. Additional Insured by Contract, Agreement or Permit Included 1
2. Additional Insured - Broad Form Vendors Included 2
3. Alienated Premises Included 3
4. Broad Form Property Damage - Borrowed Equipment, Customers Included 3 Goods and Use of Elevators
5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3
6. Personal and Advertising Injury - Broad Form Included 4
7. Product Recall Expense Included 4
Product Recall Expense Each Occurrence Limit $25,000 Occurrence 5 Product Recall Expense Aggregate Limit $50,000 Aggregate 5 Product Recall Deductible $500 5
8. Unintentional Failure to Disclose Hazards Included 6
9. Unintentional Failure to Notify Included 6
This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below.
The following changes are made to SECTION II - (2) Premises you own, rent, lease or occupy; LIABILITY: or
1. Additional Insured by Contract, 'Agreement or (3) Your maintenance, operation or use of Permit equipment leased to you.
The following added to SECTION II - b. The insurance afforded to such additional LIABILITY, C. Who Is An Insured: insured described above:
Additional Insured by Contract, Agreement or (1) Only applies to the extent permitted by Permit law; and
a. Any person or organization with whom you (2) Will not be broader than the insurance agreed in a written contract, written agreement which you are required by the contract, or permit to add such person or organization agreement or permit to provide for sucl as an additional insured on your policy is an additional insured. additional insured only with respect to liability (3) Applies on a primary basis if that is for "bodily injury".
personal and advert roperty dame n required by the written contract, written agreement or permit.
whole or in part, by your acts or omissions, or
the acts or omissions of those acting on your (4) Will not be broader than coverage behalf, but only with respect to: provided to any other insured. (1) "Your work" for the additional insured(s) (5) Does not apply if the "bodily injury", designated in the contract, agreement or "property damage" or "personal and permit; advertising injury" is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto.
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 1 of 6 c. This provision does not apply: The most we will pay on behalf of the (1) Unless the written contract or written additional insured for a covered claim is the agreement was executed or permit was lesser of the amount of insurance:
issued prior to the "bodily injury", "property 1. Required by the contract, agreement or damage", or "personal injury and permit described in Paragraph a.; or advertising injury". 2. Available under the applicable Limits of (2) To any person or organization included as Insurance shown in the Declarations. an insured by another endorsement This endorsement shall not increase the issued by us and made part of this applicable Limits of Insurance shown in the Coverage Part. Declarations
(3) To any lessor of equipment: e. All other insuring agreements, exclusions, and (a) After the equipment lease expires; or conditions of the policy apply. (b) If the "bodily injury", "propert) 2. Additional Insured - Broad Form Vendors damage", "personal and advertising The following is added to SECTION II - injury" arises out of sole negligence of LIABILITY, C. Who Is An Insured:
the lessor
Additional Insured - Broad Form Vendors
(4) To any:
a. Any person or organization that is a vendor
(a) Owners or other interests from whom with whom you agreed in a written contract or land has been leased if the
written agreement to include as an additional
"occurrence" takes place or the insured under this Coverage Part is an
offense is committed after the lease
insured, but only with respect to liability for
for the land expires; or "bodily injury" or "property damage" arising out (b) Managers or lessors of premises if: of "your products" which are distributed or sold (i) The "occurrence" takes place or in the regular course of the vendor's business. the offense is committed after you b. The insurance afforded to such vendor cease to be a tenant in that described above:
premises; or (1) Only applies to the extent permitted by (ii) The "bodily injury", "property law;
damage", "personal injury" (2) Will not be broader than the insurance "advertising injury" arises out of which you are required by the contract or structural alterations, new con- agreement to provide for such vendor; struction or demolition operations
performed by or on behalf of the (3) Will not be broader than coverage manager or lessor. provided to any other insured; and
(5) To "bodily injury", "property damage" or (4) Does not apply if the "bodily injury". "property damage" or "personal and
"personal and advertising injury" arising
out of the rendering of or the failure to advertising injury" is otherwise excluded render any professional services. from coverage under this Coverage Part, including any endorsements thereto
This exclusion applies even if the claims
against any insured allege negligence or • With respect to insurance afforded to suc ther wrongdoing in the supervisior endors, the following additional exclusion hiring, employment, training or monitoring apply:
of others by that insured, if the The insurance afforded to the vendor does not "occurrence" which caused the "bodily apply to:
injury" or "property damage" or the offense (1) "Bodily injury" or "property damage" for which caused the "personal and which the vendor is obligated to pay advertising injury" involved the rendering damages by reasons of the assumption of of or failure to render any professional liability in a contract or agreement. This services by or for you.
exclusion does not apply to liability for
d. With respect to the insurance afforded to damages that the insured would have in these additional insureds, the following is the absence of the contract or agreement; added to SECTION II - LIABILITY, D. (2) Any express warranty unauthorized by Liability and Medical Expense Limits of
Insurance:
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 2 of 6 (3) Any physical or chemical change in the The most we will pay on behalf of the vendor product made intentionally by the vendor; for a covered claim is the lesser of the amount (4) Repackaging, unless unpacked solely for of insurance:
the purpose of inspection, demonstration, 1. Required by the contract or agreement testing, or the substitution of parts under described in Paragraph a.; or instruction from the manufacturer, and 2. Available under the applicable Limits of then repackaged in the original container; Insurance shown in the Declarations; (5) Any failure to make such inspection, This endorsement shall not increase the adjustments, tests or servicing as the applicable Limits of Insurance shown in the vendor has agreed to make or normally Declarations.
undertakes to make in the usual course of
business in connection with the sale of the 3. Alienated Premises product; SECTION II - LIABILITY, B. Exclusions, 1.
(6) Demonstration, installation, servicing or Applicable To Business Liability Coverage k. repair operations, except such operations Damage to Property, paragraph (2) is replaced performed at the vendor's premises in by the following:
connection with the sale of the product; (2) Premises you sell, give away or abandon, if (7) Products which, after distribution or sale the "property damage" arises out of any part of by you, have been labeled or relabeled or those premises and occurred from hazards used as a container, part or ingredient of that were known by you, or should have any other thing or substance by or for the reasonably been known by you, at the time the vendor; property was transferred or abandoned.
(8) "Bodily injury" or "property damage" 4. Broad Form Property Damage - Borrowed arising out of the sole negligence of the Equipment, Customers Goods, Use of vendor for its own acts or omissions or Elevators
those of its employees or anyone else a. The following is added to SECTION || - acting on its behalf. However, this LIABILITY, B. Exclusions, 1. Applicable To exclusion does not apply to: Business Liability Coverage, k. Damage to (a) The exceptions contained within the Property:
exclusion in subparagraphs (4) or (6) Paragraph (4) does not apply to "property above; or damage" to borrowed equipment while at a
(b) Such inspections, adjustments, tests jobsite and not being used to perform or servicing as the vendor has agreed operations.
to make or normally undertakes to Paragraph (3), (4) and (6) do not apply to make in the usual course of business, "property damage" to "customers goods" while in connection with the distribution or on your premises nor to the use of elevators. sale of the products. b. For the purposes of this endorsement, the (9) "Bodily injury" or "property damage" following definition is added to SECTION II - arising out of an "occurrence" that took LIABILITY, F. Liability and Medical place before you have signed the contract Expenses Definitions:
or agreement with the vendor. 1. "Customers goods" means property of (10) To any person or organization included as your customer on your premises for the an insured by another endorsement purpose of being:
issued by us and made part of this a. Worked on; or
Coverage Part.
b. Used in your manufacturing process.
(11)Any insured person or organization, from
whom you have acquired such products, c. The insurance afforded under this provision is or any ingredient, part or container, excess over any other valid and collectible entering into, accompanying or containing property insurance including deductible) such products. available to the insured whether primary, excess, contingent or on any other basis.
d. With respect to the insurance afforded to
these vendors, the following is added to 5. Incidental Malpractice - Employed Nurses, SECTION II - LIABILITY, D. Liability and EMT's and Paramedics Medical Expense Limits of Insurance: SECTION II - LIABILITY, C. Who Is An Insured, paragraph 2.a.(1)(d) does not apply to a nurse,
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 3 of 6 emergency medical technician or paramedic o. Recall of Products, Work or Impaired employed by you if you are not engaged in the Property is replaced by the following:
business or occupation of providing medical, o. Recall of Products, Work or Impaired paramedical, surgical, dental, X-ray or nursing Property services.
Damages claimed for any loss, cost or
6. Personal Injury - Broad Form expense incurred by you or others for the a. SECTION II - LIABILITY, B. Exclusions, 2. loss of use, withdrawal, recall, inspection, Additional Exclusions Applicable only to repair, replacement, adjustment, removal "Personal and Advertising Injury", or disposal of:
paragraph e. is deleted. (1) "Your product";
b. SECTION II - LIABILITY, F. Liability and (2) "Your work"; or Medical Expenses Definitions, 14. "Personal
and advertising injury", paragraph b. is (3) "Impaired property":
replaced by the following: If such product, work or property is b. Malicious prosecution or abuse of withdrawn or recalled from the market or from use by any person or organization
process.
because of a known or suspected defect,
c. The following is added to SECTION II - deficiency, inadequacy or dangerous LIABILITY, F. Liability and Medical
condition in it, but this exclusion does not
Expenses Definitions, Definition 14. apply to "product recall expenses" that you "Personal and advertising injury": incur for the "covered recall" of "your "Discrimination" (unless insurance thereof is product.
prohibited by law that results in injury to the However, the exception to the exclusion feelings or reputation of a natural person, but does not apply to "product recall only if such "discrimination" is: expenses" resulting from:
(1) Not done intentionally by or at the
(4) Failure of any products to accomplish
direction of: their intended purpose;
(a) The insured; (5) Breach of warranties of fitness,
(b) Any officer of the corporation, director, quality, durability or performance; stockholder, partner or member of the (6) Loss of customer approval, or any insured; and cost incurred to regain customer
(2) Not directly or indirectly related to an approval;
"employee", not to the employment, (7) Redistribution or replacement of "your prospective employment or termination of product" which has been recalled by any person or persons by an insured. like products or substitutes; d. For purposes of this endorsement, the (8) Caprice or whim of the insured; following definition is added to SECTION II -
LIABILITY, F. Liability and Medical (9) A condition likely to cause loss of Expenses Definitions: which any insured knew or had reason to know at the inception of this
1. "Discrimination" means the unlawful insurance;
treatment of individuals based upon race,
color, ethnic origin, gender, religion, age, (10)Asbestos, including loss, damage or or sexual preference. "Discrimination" clean up resulting from asbestos or does not include the unlawful treatment of asbestos containing materials; or individuals based upon developmental, (11)Recall of "your products" that have no physical, cognitive, mental, sensory or known or suspected defect solely emotional impairment or any combination because a known or suspected defect of these. in another of "your products" has been
e. This coverage does not apply if liability found.
coverage for "personal and advertising injury" b. The following is added to SECTION || - is excluded either by the provisions of the LIABILITY, C. Who Is An Insured, paragraph Coverage Form or any endorsement thereto. 3.b.:
7. Product Recall Expense "Product recall expense" arising out of any a. SECTION II - LIABILITY, B. Exclusions, 1. withdrawal or recall that occurred before you Applicable To Business Liability Coverage, acquired or formed the organization. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 4 of 6 c. The following is added to SECTION || - a deductible amount, you shall promptly LIABILITY, D. Liability and Medical reimburse us for the part of the deductible Expenses Limits of Insurance: amount we paid.
Product Recall Expense Limits of The Product Recall Expense Limits of Insurance Insurance apply separately to each
a. The Limits of Insurance shown in the consecutive annual period and to any SUMMARY OF COVERAGES of this remaining period of less than 12 months, endorsement and the rules stated below starting with the beginning of the policy period fix the most that we will pay under this shown in the Declarations, unless the policy Product Recall Expense Coverage period is extended after issuance for an additional period of less than 12 months. In
regardless of the number of:
that case, the additional period will be deemed
(1) Insureds;
part of the last preceding period for the
(2) "Covered Recalls initiated; or purposes of determining the Limits of (3) Number of "your products" withdrawn. Insurance.
b. The Product Recall Expense Aggregate d. The following is added to SECTION II - Limit is the most that we will reimburse LIABILITY, E. Liability and Medical you for the sum of all "product recall Expense General Conditions, 2. Duties in expenses" incurred for all "covered recalls" the Event of Occurrence, Offense, Claim or initiated during the policy period. Suit:
c. The Product Recall Each Occurrence Limit You must see to it that the following are done in the event of an actual or anticipated
is the most we will pay in connection with
any one defect or deficiency. "covered recall" that may result in "product recall expense":
d. All "product recall expenses" in connection
with substantially the same general (1) Give us prompt notice of any discovery or harmful condition will be deemed to arise notification that "your product" must be withdrawn or recalled. Include a
out of the same defect or deficiency and
considered one "occurrence". description of "your product" and the reason for the withdrawal or recall;
e. Any amount reimbursed for "product recall
expenses" in connection with any one (2) Cease any further release, shipment, "occurrence" will reduce the amount of the consignment or any other method of distribution of like or similar products until
Product Recall Expense Aggregate Limit
it has been determined that all such
available for reimbursement of "product
recall expenses" in connection with any products are free from defects that could other defect or deficiency. be a cause of loss under this insurance. f. If the Product Recall Expense Aggregate For the purposs of this endorsement, the Limit has been reduced by reimbursement following definitions are added to SECTION II of "product recall expenses" to an amount - LIABILITY, F. Liability and Medical that is less than the Product Recall Expenses Definitions:
Expense Each Occurrence 1. "Covered recall" means a recall made remaining Aggregate Limit is the most that necessary because you or a government will be available for reimbursement of body has determined that a known or "product recall expenses" in connection suspected defect, deficiency, inadequacy, with any other defect or deficiency. or dangerous condition in "your product has resulted or will result in "bodily injury"
g. Product Recall Deductible
or "property damage".
We will only pay for the amount of
"product recall expenses" which are in 2. "Product recall expenses)" means:
excess of the $500 Product Recall a. Necessary and reasonable expenses Deductible. The Product Recall Deductible
applies separately to each "covered (1) Communications, including radio recall". The limits of insurance will not be or television announcements or reduced by the amount of this deductible. printed advertisements including We may, or will if required by law, pay all stationary, envelopes and or any part of any deductible amount, if postage;
applicable. Upon notice of our payment of
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 5 of 6 (2) Shipping the recalled products (1) If the "products - completed operations from any purchaser, distributor or hazard" is excluded from coverage under user to the place or places this Coverage Part including any designated by you; endorsement thereto; or
(3) Remuneration paid to your regular (2) To "product recall expense" arising out of "employees" for necessary any of "your products" that are otherwise overtime; excluded from coverage under this
(4) Hiring additional persons, other Coverage Part including endorsements than your regular "employees"; thereto.
(5) Expenses incurred by 8. Unintentional Failure to Disclose Hazards "employees" including The following is added to SECTION I - transportation and LIABILITY, E. Liability and Medical Expenses accommodations; General Conditions:
(6) Expenses to rent additional Representations
warehouse or storage space; We will not disclaim coverage under this Coverage (7) Disposal of "your product", but Part if you fail to disclose all hazards existing as of only to the extent that specific the inception date of the policy provided such methods of destruction other than failure is not intentional. those employed for trash
9. Unintentional Failure to Notify
discarding disposal
required to avoid "bodily injury" or The following is added to SECTION I - "property damage" as a result of LIABILITY, E. Liability and Medical Expenses such disposal, General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit:
you incur exclusively for the purpose
of recalling "your product"; and Your rights afforded under this Coverage Part shall not be prejudiced if you fail to give us notice
b. Your lost profit resulting from such of an "occurrence", offense, claim or "suit", solely "covered recall". due to your reasonable and documented belief f. This Product Recall Expense Coverage does that the "bodily injury", "property damage" or not apply: "personal and advertising injury" is not covered under this Policy.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. •
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 6 of 6
1. SECTION I - PROPERTY, if two or more of However, if you agree in a written this coverage part's coverages apply to the contract, written agreement, or written same loss or damage, we will not pay more permit that the insurance provided to any than the actual amount of the loss or damage. person or organization included as an
2. SECTION II - LIABILITY, it is our stated intent Additional Insured under this Coverage that the various Coverage Parts, forms, Part is primary and non-contributory, we endorsements or policies issued to the named Will not seek contribution from any other insured by us, or any company affiliated with insurance available to that Additional us, do not provide any duplication or overlap Insured which covers the Additional of coverage for the same claim, "suit" Insured as a Named Insured except:
"occurrence". , offense, accident, "wrongful act" (1) For the sole negligence of the or loss. We will not pay more than the actual Additional Insured; or amount of the loss or damage. (2) When the Additional Insured is an If this Coverage Part and any other Coverage Additional Insured under another Part, form, endorsement or policy issued to liability policy. the named insured by us, or any company b. Excess Insurance affiliated with us, apply to the same claim,
"suit", occurrence, offense, accident, "wrongful This insurance is excess over:
act" or loss, the maximum Limit of Insurance (1) Any of the other insurance, whether under all such Coverage Parts, forms, primary, excess, contingent or on any endorsements or policies combined shall not other basis:
exceed the highest applicable Limit of
Insurance under any one Coverage Part, form, (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or
endorsement or policy. similar coverage for "your work", This condition does not apply to any Excess or (b) That is Property Insurance for Umbrella Policy issued by us specifically to premises rented to you or apply as excess insurance over this policy.
temporarily occupied by you with
G. Liberalization permission of the owner;
If we adopt any revision that would broaden the (c) That is insurance purchased by coverage under this policy without additional you to cover your liability as a premium within 45 days prior to or during the tenant for "property damage" to policy period, the broadened coverage will premises rented to you or immediately apply to this policy. temporarily occupied by you with H. Other Insurance permission of the owner; or
1. SECTION I - PROPERTY (d) If the loss arises out of the maintenance or use of aircraft,
If there is other insurance covering the same "autos" or watercraft to the extent loss or damage, we will pay only for the not subject to SECTION || - amount of covered loss or damage in excess LIABILITY, Exclusion g.
of the amount due from that other insurance, Aircraft, Auto or Watercraft; and (2) Any other primary insurance available
Insurance of SECTION I - PROPERTY. to you covering liability for damages arising out of the premises or
2. SECTION II - LIABILITY operations, or the products and If other valid and collectible insurance is completed operations, for which you vailable to the insured tor a loss we covel have been added as an additional inder SECTION || - LIABILITY. our insured by attachment of an obligations are limited as follows: endorsement.
a. Primary Insurance When this insurance is excess, we will This insurance is primary except when have no duty under SECTION I| - paragraph b. below applies. If this LIABILITY to defend the insured against insurance is primary, our obligations are any "suit" if any other insurer has a duty to not affected unless any of the other defend the insured against that "suit". If no insurance is also primary. Then, we will other insurer defends, we will undertake to share with all that other insurance by the do so, but we will be entitled to the method described in paragraph c. below.
391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 79 of 81 insured's rights against all those other premium in accordance with our rates and insurers. rules then in effect.
When this insurance is excess over other With our consent, you may continue this policy insurance, we will pay only our share of in force by paying a continuation premium for the amount of the loss, if any, that each successive one-year period. The exceeds the sum of: premium must be:
(1) The total amount that all such other a. Paid to us prior to the anniversary date; insurance would pay for the loss in the
absence of this insurance; and b. Determined in accordance with paragraph (2) The total of all deductible and self- 2. above.
insured amounts under all that other
Our forms then in effect will apply. If you do
insurance. not pay the continuation premium, this policy d. We will share the remaining loss, if any, will expire on the first anniversary date that we with any other insurance that is not have not received the premium. described in this provision and was not 4. Undeclared exposures or change in your bought specifically to apply in excess of business operation, acquisition or use of the Limits of Insurance shown in the locations may occur during the policy period Declarations for this Coverage. that is not shown in the Declarations. If so, we e. Method of Sharing may require an additional premium. That premium will be determined in accordance
If all of the other insurance permits
with our rates and rules then in effect.
contribution by equal shares, we will follow
this method also. Under this approach J. Premium Audit
each insurer contributes equal amounts 1. This policy is subject to audit if a premium until it has paid its applicable Limit of designated as an advance premium is shown Insurance or none of the loss remains, in the Declarations. We will compute the final whichever comes first. premium due when we determine your actual If any of the other insurance does not exposures.
permit contribution by equal shares, we 2. Premium shown in this policy as advance will contribute by limits. Under this premium is a deposit premium only. At the method, each insurer's share is based on close of each audit period, we will compute the the ratio of its applicable Limit of
earned premium for that period and send
Insurance to the total applicable limits of notice to the first Named Insured. The due insurance of all insurers. date for audit premiums is the date shown as f. the due date on the bill. If the sum of the
• to dend any clam or sui advance and audit premiums paid for the policy period is greater than the earned
that any other insurer has a duty to premium, we will return the excess to the first defend. If no other insurer defends, we will Named Insured. undertake to do so; but we will be entitled The first Named Insured must keep records of to the insured's rights against all those the information we need for premium other insurers. computation and send us copies at such times I. Premiums as we may request.
1. The first Named Insured shown in the K. Transfer of Rights of Recovery Against Others Declarations:
a. Is responsible for the payment of all 1. Applicable to SECTION | - PROPERTY premiums; and Coverage:
b. Will be the payee for any return premiums if any person or organization to or for whor we pay. we make payment under this policy has right
to recover damages from another, those rights
2. The premium shown in the Declarations was are transferred to us to the extent of our computed based on rates in effect at the time
the policy was issued. On each renewal, payment. That person or organization must do continuation or anniversary of the effective everything necessary to secure our rights and date of this policy, we will compute the must do nothing after loss to impair them. But you may waive your rights against another
party in writing:
391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 80 of 81 a. Prior to a loss to your Covered Property. We waive any right of recovery we may have b. After a loss to your Covered Property only against any person or organization with whom if, at time of loss, that party is one of the you have a written contract, permit or following: agreement to waive any rights of recovery
against such person or organization because
(1) Someone insured by this insurance; of payments we make for injury or damage (2) A business firm: arising out of your ongoing operations or "your (a) Owned or controlled by you; or work" done under a contract with that person or organization and included in the "products-
(b) That owns or controls you; or completed operations hazard". (3) Your tenant. This condition does not apply to Medical You may also accept the usual bills of lading Expenses Coverage. or shipping receipts limiting the liability of L. Transfer of Your Rights and Duties Under This carriers. Policy
This will not restrict your insurance. Your rights and duties under this policy may not be
2. Applicable to SECTION II - LIABILITY transferred without our written consent except in Coverage: the case of death of an individual Named Insured.
If you die, your rights and duties will be transferred
If the insured has rights to recover all or part of
to your legal representative but only while that
any payment we have made under this legal representative is acting within the scope of Coverage Part, those rights are transferred to
us. The insured must do nothing after loss to their duties as your legal representative. Until your impair such rights. At our request, the insured legal representative is appointed, anyone with will bring "suit" or transfer those rights to us proper temporary custody of your property will have your rights and duties but only with respect
and help us enforce them.
to that property.
391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 81 of 81 Policy Number: AWF H389932 00
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. The following is added SECTION
LIABILITY COVERAGE, Paragraph A.1. Who Is
An Insured:
Additional Insured if Required by Contract
If you agree in a written contract, written
agreement or written permit that a person or
organization be added as an additional "insured"
under this Coverage Part, such person or
organization is an "insured"; but only to the extent
that such person or organization qualifies as an The liability coverage provided by this Coverage "insured" under paragraph A.1.c. of this Section. Part is primary to any other insurance available to the additional "insured" as a Named Insured. We
If you agree in a written contract, written
will not seek contribution from any other insurance
agreement or written permit that a person or
organization be added as an additional "insured" available to the additional "insured" except:
under this Coverage Part, the most we will pay on (1) For the sole negligence of the additional behalf of such additional "insured" is the lesser of: "insured"; or (1) The Limits of Insurance for liability coverage (2) For negligence arising out of the ownership, specified in the written contract, written maintenance or use of any "auto" not owned agreement or written permit; or by the additional "insured" or by you, unless that "auto" is a "trailer" connected to an "auto"
(2) The Limits of Insurance for Liability Coverage
shown in the Declarations applicable to this owned by the additional "insured" or by you; or Coverage Part. (3) When the additional "insured" is also an additional "insured" under another liability
Such amount shall be part of and not in addition to
the Limits of Insurance shown in the Declarations policy. applicable to this Coverage Part. Regardless of C. This endorsement will apply only if the "accident" the number of covered "autos" occurs:
premiums paid, claims made or vehicles involved 1. During the policy period; in the "accident", the most we will pay for the total
2. Subsequent to the execution of the written
expense" combined resulting from any one contract or written agreement or the issuance "accident" is the Limit of Insurance for Liability of the written permit; and Coverage shown in the Declarations. Prior to the expiration of the period of time that B. The following is added to SECTION IV - the written contract, written agreement or BUSINESS AUTO CONDITIONS, Paragraph B. written permit requires such insurance to be General Conditions, subparagraph 5. Other provided to the additional "insured".
Insurance: D. Coverage provided to an additional "insured" will Primary and Non-Contributory not be broader than coverage provided to any other "insured" under this Coverage Part.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.
461-0478 12 12 Includes copyrighted material of ISO Insurance Services Office, Inc., with its permission )Hanover
Insurance Group-
WZFH389943 5701058
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our ght against the person or organization named in the Schedule. (This agreement applies only to the extent that you perfor ork under a written contract that requires you to obtain this agreement from us Yes mbed mathe ichedul records accurately segregating the remuneration of your employees while engaged in the work The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
APPLIES AS BLANKET WAIVER FOR THOSE HAVING A WRITTEN
CONTRACT WITH THE POLICY- HOLDER REQUIRING WOS FOR WC
POLICYHOLDER EMPLOYEES.
he information low is thered to tick it i aches med effective on the date issued unless otherwise stated. ly when this endorsement is issued subsequent to preparation of the polic Endorsement Effective Policy No. WZF-H389943-00 Endorsement No.
Insured
Insurance Company THE HANOVER AMERICAN INSURANCE COMPANY Countersigned By
WC 04 03 06 (Ed 04-84)
Attachment I
First Party Subrogation
Recovery Services
November 5, 2020
CLY OF
Prepared By: Richmonde nuroamee
Chris Shaffer, VP Claims Administration
George Hills
P.O. Box 278
Rancho Cordova, CA 95741
(916) 859-4826 CHI
[email protected]
GEORGE HILLS
Our minds over your matters.
Attachment I
CH
GEORGE HILLS
Our minds over your mallers
INTRODUCTION TO SERVICES
Thank you for your interest in George Hills' first party subrogation recovery services. We are pleased to offer these services to the City of Richmond, our valued partner.
SCOPE OF SERVICES
First Party Subrogalion Recovery
George Hills has dedicated employees with extensive experience in the public entity environment who handle all 1st party subrogation matters for our clients.
The benefits of George Hills' subrogation recovery:
• High-level expertise of subrogation recovery
• Recover damage to City property, utilities, hazardous materiel cleanup • Small claims
• Prepare proofs of loss statements
• Claim reporting activity, demand letters, final demand to claimant with suspended license, closing and-or payment transmittal
• Settlements
• File retention
• Development of policy and procedures
• Provide account manager and lead subrogation adjuster FEES
Our standard subrogation fee is 30% of the amount collected. The minimum amount to be paid to George Hills will be $250 per claim. However, George Hills also has the authority to reject any claim for any reason, dismissing the City of any financial responsibility for rejected claims only.
Generally, no recovery shall be agreed to involving payment plans if the recovery is less than $5,000 and/or greater than one-year term. Exceptions can be made on a case by case basis. If a recovery is agreed to above this amount, subrogation fee shall be 45%. In the event a payment plan is authorized and entered into, the subrogation fee will be based upon the total amount of the lien and will be invoiced to the City.
If authorized, small claims court appearances for recovery of funds will be priced at $150 per appearance.
Attachment I
SUBROGATION CLIENT TESTIMONIALS
We have utilized the George Hills' The City of Oakley has utilized the services Subrogation unit for several years, and of George Hills Subrogation Team for several simply put - they get results. They have a years, and we have been very happy with wealth of knowledge and expertise. Our 1st this service and the professional approach and 3rd party claims are always handled that the George Hills Team brings towards promptly and professionally. Partnering the subrogation process. The knowledge with George Hills for subrogation has proven and expertise of the George Hills Team has to be a wise decision for our County. been invaluable for the City of Oakley and we are very grateful for their great work in
Sacramento County resolving our assortment of third-party Risk & Loss Control Division claims and we are looking to many more years of successful collaboration with the
George Hills Team.
//
Kevin Rohani, P.E., Public Works
Director/City Engineer
City of Oakley
Brentwood has worked with George Hills to
resolve subrogation claims for a number of
years. GH is very responsive, and they /
handle our claims with the utmost care. I am
confident that anytime Tammy Hunt is The City of Redlands is always pleased and handling a claim for us, it will be handled impressed at the excellent service, attention properly and resolved promptly. and professionalism that is used by their claims adjusters. In particular, Tammy Hunt
Sukari Beshears, Director of Human and Vicky Jimenez. They are a pleasure to Resources/Risk Manager work with and make the claims recover City of Brentwood process run smoothly and effectively. We are very happy with the results and recovery
efforts that they deliver. We highly
// recommend their services and appreciate
the level of excellence that they offer to us
as the client.
Human Resources/Risk Management
City of Redlands
//
For the Contract between the City of
Richmond and
George Hills Company, Inc
EXHIBIT A
SERVICE PLAN
Project Manager
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
Please see Attachment A (Request for Proposals) for Service Plan details.
Contractor shall be paid a not-to-exceed amount as follows:
Fiscal Year 2019/2020 - $168,600
Fiscal Year 2020/2021 - $168,600
Fiscal Year 2021/2022 - $172,800
ATTACHMENT A
CITY OF RICHMOND
REQUEST FOR PROPOSALS
GENERAL LIABILITY CLAIMS HANDLING AND ADMINISTRATION
The City of Richmond (City) desires to obtain competitive proposals relative to the provision of quality claims administration services for its self-insured general liability program. The Request for Proposals (RFP) process requires that specific information be provided. Bidders may expand on the information requested and/or provide othel related information. However, it is important that bidders follow the directions, proposal format, and comply with all instructions contained in the RFP to ensure that the proposal is considered.
Three (3) copies of the proposal must be submitted by 5:00 p.m. on May 10, 2019 to the City. See Section VI for submittal information.
1. Background
A. The City Of Richmond
Incorporated in 1905, Richmond is the second largest city in Contra Costa County with a current population of 104,513. Richmond is a full service city providing the usual services such as police, fire, public works, and recreation. In addition, the city has a library, port operations, public housing, and an employment and training department that provides services to members of the community to improve employment opportunities, and works with youth to provide life skills and occupational development.
The Rosie the Riveter World War Il Home Front National Historical Park was dedicated in 2000 and is officially located in Richmond, as a remembrance to the six million women who worked in the shipyards and industrial facilities during World War II.
Richmond was selected for the park because it has many intact buildings that were constructed for 56 wartime industries. Its four shipyards produced 747 large ships and set production records. The Home Front effort changed Richmond from a community of 23,600 residents to a diverse population of over 100,000 people within a year.
Industries operated around the clock and public housing, schools, day care centers, health care and merchants mobilized to support the new workforce that arrived on the city's doorstep.
Today, Richmond is a busy city with a diverse commercial sector. The city is an important oil refining, industrial, commercial, transportation, shipping, and government center. An active redevelopment program in the downtown and waterfront areas and active commercial expansion in the City's Hilltop area, along the Interstate 80 and Interstate 580 corridors, and along the new Richmond Parkway have added to the tax base of the City in recent years.
ATTACHMENT A
The City is governed by a seven member City Council including the Mayor. The City Manager is appointed by the Mayor and Council, and is responsible for the operation of all municipal functions. The Risk Management function is located in the Human Resources Management Department and works closely with the City Attorney's Office in the management of liability claims.
B. Current Claims Administration
General liability claims are currently administered by George Hills Company, Inc. since 2004. This RFP is issued due to the expiration of the City's current contract.
C. Prior Claims Information:
See Exhibit A for claims history since 2009.
Excess Coverage:
The California Joint Powers Risk Management Authority (CJPRMA) currently provides the City's excess liability coverage with a self-insured retention of $500,000 per claim.
E. Program Management:
The Risk Manager, located in the Human Resources Management Department, manages the general liability program, with the City Attorney's Office managing litigation. An objective of the risk management function is to evaluate current practices, procedures, risks and exposures, to reduce claim frequency, severity, and financial impact upon the City. The risk management function also manages workers' compensation claims, employee benefit programs, risk assessment, insurance acquisition, and safety programs. Staff authority for settlement of claims is limited to $10,000 and settlements above this amount require City Council approval. lI. Scope of Work
A. Claims Handling
1. Promptly make up a claim file after receipt of the claim from the City.
Investigate claims and incidents which may be the subject of such claim against the City. Recommend acceptance/rejection of submitted claims.
Provide claims adjusting for liability claims with a date of loss of July 1, 2009 and thereafter.
3. Assess and evaluate the nature and extent of each claim, and establish claim reserves for indemnity, medical, and legal expenses.
4. Ensure timely claim handling, including follow-up with claimants regarding claim issues and processing.
2 ATTACHMENT A
5. Determine the need for defense representation, recommend legal counsel, and monitor litigation activity. Selection of defense and subrogation counsel shall be by the City of Richmond with input from the administrator.
6. Report claims to the excess insurer, and coordinate with the excess insurer on a claim's progress, in accordance with the excess insurer's reporting requirements; submit requests for reimbursement on behalf of the City to the excess insurer.
7. Coordinate Medicare and Medicaid set aside agreements in compliance with Section 111 of the MMSEA including required reporting.
It will be the claims administrator's duty to tender and demand indemnification from responsible persons, agencies, and/or agents in an effort to recover losses suffered by the City by way of claims filed against the City.
Provide a designated claim adjuster for the City. Claim adjuster may not be changed without mutual consent of City during term of contract.
B. Litigation
1. Litigation efforts shall be closely monitored by the adjusting firm with regular communications with City staff.
2. Settlement authority on litigated claims must be approved by City staff prior to being presented or negotiated with claimant's attorney.
Prior to any settlement conference, adjusting firm and/or legal counsel, whichever is appropriate, will provide a written analysis of the case, including options and recommendation for settlement.
4. City staff must be informed of all settlement offers received from claimant or claimant's attorney.
5. Provide litigation management on litigated cases, controlling defense activities, ensure early settlement options are considered (as appropriate), communicate regularly with defense counsel, and monitor cost of litigation.
Financial Accounting
1. A trust fund shall be maintained for the purpose of paying expenses that may be due on the claims. The amount that will be maintained in the trust fund shall be determined by the parties and confirmed by written document.
A copy of all checks, vouchers or warrants drawn by the adjusting firm to pay benefits on City claims shall be provided to the City. 3 ATTACHMENT A
3. A monthly check/voucher register of all transactions made for the period shall be provided by the adjusting firm.
4. The City reserves the right to conduct a financial audit of the trust account to insure the integrity of the account.
D. Data Products
1. Adjusting firm shall provide a computerized loss run and summary report each month covering activity on all newly reported, open, and newly closed claims for the period. This report will be customized for the City's needs and will provide the following by claim year:
a. Monthly listing of open claims by date of loss, department, location, and alpha by name showing expense categories, reserves and total incurred.
Various responsive reports on demand, at no additional charge, such as claim frequency reports, i.e., by cause, site, department, etc.
c. Provide monthly claim summary reports, within 15 days of month- end.
2. Provide loss run data and required reports for actuarial, auditing and reserve analysis purposes.
Desired software systems will be windows based, available 24 hours/day, 7 days/week, and able to provide email exchanges.
4. Provide a report writer function for City staff to design customized ad hoc and standard reports to be printed at City offices, as well as training on usage of report writer function.
5. Transfer all current and past loss data from SIMS to administrator's software system.
Provide compliance with required reporting requirements for liability (including self insurance) under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA).
Provide training, support, and software access to City's Risk Manager to look up claim information and data as required, and run reports as needed.
E. Additional Services
4 ATTACHMENT A
Claim adjuster attendance at hearings, settlement conferences, conferences with defense counsel, small claims court proceedings, meetings with City staff, and departments when required.
Communication, written, oral, and in person, with City staff by the claims adjuster is an important element of the services expected.
3. All records, files, transcripts, computer tapes and other materials on claims adjusting activity developed on the City of Richmond claims is the property of the City of Richmond and must be relinquished in good order and condition upon termination of this contract with the adjusting firm. The City shall not be required to pay any additional cost for the transfer of files to the City.
4. Attend all meetings with City staff as requested.
5. Be available for file audit checks by the City when requested.
6. Cooperate with file and program audits with City designated auditors.
Be available to respond, potentially upon short notice, to a major emergency or catastrophe involving potential claims.
8. Provide monthly claims diary of all open files and enter review notes on claim reporting system.
9. Upon request, provide training to City managers and supervisors on general liability issues, loss control, management responsibilities, and practices to improve reduction of filed claims.
10. Provide internet e-mail communications for designated claims adjuster to City staff.
11. Provide an administrative manual on claims processing.
12. If available, loss control, investigative services (Sub-rosa, fraud investigation), specialized training or workshops should be stated, including additional costs for such services.
Ill. Minimum Qualifications
1. The firm and/or its principals servicing the City shall have at least five (5) years administration experience in the commercial or municipal administration of general liability claims. Preference will be given to firms with municipal or other public agency claims handling experience.
2. The firm servicing the City of Richmond shall at all times have a proximate northern California location to the City conducive to the expedient 5 ATTACHMENT A
investigation/administration of claims (in the sole discretion of the City), as part of the claims service.
3. The designated claims adjuster must have a minimum of five years experience as an adjuster. The claims adjuster must be in possession of the State of California Insurance Code Recertification certificate. Preference will be given to adjusters who are certified and designated as Registered Professional Adjusters and comply with the annual professional education requirements.
The designated claims adjuster must be experienced with defense and plaintiff counsel within, and adjacent to, the county of Contra Costa.
The designated claims adjuster must be experienced in issues involving the State Tort Claims Act, governmental immunities, settlement negotiation tactics, legal theories, relevant case law, Americans with Disabilities Act, discrimination laws, sexual harassment case law, etc.
6. The designated claims adjuster must be experienced in public entity client work including law enforcement claims, inverse condemnation, land use, governmental immunity defenses.
7. The firm must have a strong customer service orientation at all levels of the firm. A designated manager must have the authority to resolve client issues immediately, including re-assignment of adjusting firm's staff to client's satisfaction.
The designated claims adjuster shall not have a caseload that prevents prompt and timely response to City and claimants, and quality workmanship in the handling of claims. Caseloads shall be provided to the City, and the City has the discretion to approve or disapprove of the caseload assigned to the adjuster.
If the caseload is not approved, the firm will be required to adjust the caseload to secure City concurrence.
9. The adjusting firm must provide a qualified back up adjuster in the event of absence of the designated adjuster.
IV. Proposal Format
A. General
Please submit an original and five (5) copies of your proposal. The proposal shall be in an 8 ½ x 11 format with foldouts utilized as necessary. The cover shall clearly indicate the proposal title and the firm name.
The proposal shall be prepared and organized using the following content format:
Part 1. Organization of firm
Part 2. Staffing
6 ATTACHMENT A
Part 3. Experience
Part 4. Scope of Work
Part 5. Quality Control Procedures
Part 6. Reports
Part 7. Fees
Part 8. Contractual Requirements
Part 9. Insurance Compliance
Part 10. Appendices
B. Confidential Material
Proposals submitted in response to this request become the property of the City and are subject to the provisions of the California Public Records Act. Bidders shall identify information in their bid they deem to be confidential; if the City agrees with that designation, such information will be held in confidence in accordance with the California Public Records Act.
C. Proposal Content
Proposals are expected to comply with the outline presented, complete with part designations and responses to each part's component.
Part 1. Organization of Firm
A. Give name of firm, business address and date established.
Specify if a corporation, partnership or sole proprietorship. If a corporation or partnership, specify when and where incorporated or formed. List other DBA's.
List officers, partners or owners of the firm by name, title and percent of ownership.
D. Indicate any relationship of firm to parent companies or organizations and subsidiary relationships.
E. Give name, title, address and telephone number of individual with authority to negotiate on behalf of the firm and who may be contacted during the period of proposal evaluation.
F. Give the total full and part-time staff currently employed by the firm.
Part 2. Staffing
Submit resume(s) of key personnel to be assigned as principals to the City's account if awarded contract. Submit name of designated claims adjuster, resume, and current salary.
7 ATTACHMENT A
B. Describe adjuster assignment procedures and rotation procedures if applicable.
C. Submit an outline of the firm's organizational structure. Describe support staff.
Identify the person to act as contract administrator if awarded the contract.
This person must have full authority to resolve disputes with the City.
Provide the location and address where the claims will be located and managed.
F. Describe staff training programs and incentive programs.
G. Specify adjuster turnover rate within the last 2 calendar years.
Part 3. Experience
A. Describe the firm's business experience in general liability claims administration - particularly experience with municipalities or other public agencies.
Include a list of public entity clients within the last five (5) years for whom your firm has performed general liability claim administration services. Provide the name and phone number of an individual with each client the City can contact to check references.
Provide a list of past clients who have elected to contract with other claims administrators during the past 24 months.
Part 4. Scope of Work
Describe how the firm proposes to meet the scope of work in Section Il of this RFP, with additional services provided at additional cost (if any) indicated.
Part 5. Quality Control Procedures
A. Describe internal audit control procedures including methodology, frequency, persons in charge, and corrective actions.
Describe supervisor review of adjuster's claims including frequency and appropriate actions taken.
Describe the business nature of other entities whose claims are to be handled by the designated adjuster.
Explain the customer service and quality assurance program offered by your firm to the client.
8 ATTACHMENT A
Part 6. Reports
Provide examples of reports contemplated by firm to meet the City's needs. Do not include lengthy loss run reports.
B. Describe the computer system used by the firm and client access into the system.
Describe internet based services available to client to mange their claims and retrieve information and reports.
Describe your company's efforts to comply with Medicare and Medicade Reporting Requirements and services being provided to your clients to assist in this transition.
Part 7. Fees
Explain the fee structure for claims adjusting (Annual flat fee is preferred, payable monthly). Include expenses for claims adjuster, file storage fees, mileage expenses, communication expenses, etc.
Identify allocated loss adjustment expenses that would typically be paid by client.
Identify the amount of payment received by your firm with any sub- contractor, the name of the sub-contractor, and services provided.
Part 8. Contractual Requirements
The City expects to retain an adjusting firm to serve for a period of at least 3 calendar years with annual extensions thereafter. A 60-day cancellation clause will be included. In this part, provide information regarding any special contractual requirements your firm desires. The awarding firm shall execute the attached sample contract with the City. Identify any exceptions to the City contract form.
Part 9. Insurance Compliance
The successful firm must be able to provide evidence of insurance coverage as follows:
A. Professional Liability including Errors and Omissions coverage of at least $1,000,000 per occurrence.
Comprehensive General or Commercial General Liability (including for each Bodily Injury, Personal Injury and Property Damage) of at least $2,000,000 per occurrence, and $4,000,000 general aggregate; and Auto Liability with limits of 9 ATTACHMENT A
at least $1,000,000 combined single limit. The City will require an Additional Insured endorsement.
Workers' Compensation Insurance with statutory limits and Employer's Liability coverage of $1,000,000 per accident.
D. Refer to the attached City contract for specific requirements related to insurance.
V. Schedule
The following is the schedule for the RFP process. Proposers will be notified of changes.
• Issuance of the Request for Proposal: April 23, 2019
• Date proposals are due May 10, 2019
• Potential interviews of administrators May 13, 2019
* City Council Award June 18, 2019
• Assumption of services: July 1, 2019
The City reserves the right to change the above dates in its sole discretion as needs dictate.
VI. Proposal Submittal/Evaluation
A. Date and Time for proposal submittal
Sealed Proposals shall be submitted to:
Kim Greer, Risk Manager
City of Richmond
Human Resources Management Department
Risk Management Division
450 Civic Center Plaza
P.O. Box 4046
Richmond, CA 94804
Proposals must be received at the above address by 5:00 p.m. on Friday, May 10, 2019 to be considered. Postmarks and faxed submittals will not be accepted. Late proposals will be rejected. The Human Resources Management Department clock at City Hall will be used to determine timeliness of submittals.
B. Evaluation
The proposal will be rated and ranked based on the following criteria (which is not in rank order of importance):
10 ATTACHMENT A
1. Ability to provide all services as outlined in the Request for Proposal. 40%
2. Experience of the firm and expertise of its personnel assigned to the 10% City's account in provision of services.
3. Past record of performance including control of costs, quality of work, 10% and completion of tasks in a timely manner.
4. Cost of services. 30%
5. Concept and proposed solutions, including responsiveness to the 5% RFP, completeness and thoroughness of proposal.
6. Additional services available from firm which are deemed to be of 5% benefit to City.
Vil. Disclaimers
Costs for developing proposals are entirely the responsibility of the party responding to the RFP and shall not be chargeable in any way to the City. This Request for Proposals is not in any way to be construed as an agreement, obligation, or other contract between the City and any person or firm submitting a proposal.
Proposals shall be reviewed by City and those deemed to be most qualified in the sole discretion of the City shall be scheduled for an interview with a review panel.
Bidder presentations will be scheduled at the discretion of the City and bidders shall bear any expense associated with such presentation. Bidders not available to attend the presentation may be removed from further consideration. Bidders are expected to place the date for the interviews on their calendar at this time; alternate scheduling will not be accommodated.
4. The City shall not discriminate on the basis of race, color, ancestry, religion, creed, national origin, gender, sexual orientation, physical handicap, age and marital status in the award or performance of any contract or subcontract resulting from or relating to this contract.
The proposal will not constitute an agreement, but rather, will supply provisions which will be incorporated by reference into an agreement between the parties for claims adjusting services.
Payment for services will be made in arrears upon submittal of invoice with terms of net 30.
7. The City reserves the right to withdraw this RFP at any time without prior notice.
The City also makes no representations that any agreement will be awarded to any 11 ATTACHMENT A
bidder responding to this RFP. The City expressly reserves the right to reject any and all proposals and to be the sole judge of the responsibility of any bidder and of the suitability of the materials and/or services to be rendered. The City reserves the right to waive any minor irregularities, informalities, or oversights at its sole discretion. The term "minor" as used herein means any bidder or City irregularities or oversights that does not materially affect or alter the intent and purpose of the RFP, and does not provide an unfair advantage or disadvantage to a bidder.
8. City reserves the right to contract directly with any ancillary service (i.e., bill review, sub rosa) that it deems would better serve the City for cost efficiency and service delivery. It is expected that claims adjusting firm shall cooperate with any such ancillary service.
9. Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence the RFP, bid submittal, and review process may have their bid rejected for violating this provision of the RFP.
10. With regard to any proposal sent by mail to the City, the proposer shall be solely responsible for its delivery to the City prior to the date and hour set forth herein.
Any proposals received subsequent to the date and hour set forth herein, because of delayed mail delivery or any other reason, will not be considered by the City.
11. The City reserves the right to reject any or all of the proposals received, to negotiate with qualified proposers, or to cancel the request for proposals in part or in its entirety without explanation to the proposers.
12. The City may interview a select number of providers in order to develop a recommendation to be submitted to the City Manager for consideration and selection. The services provided by the successful bidder shall be governed by a Consultant Services Agreement (see attached).
VIll. Information
Questions Concerning Request for Proposals
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00pm PST, on Tuesday, April 30, 2019. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum.
Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by May 2, 2019. It is the proposer's responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.
IX. Date of Request for Proposal April 23, 2019
12