HomeMy WebLinkAboutReso 1976-8233RESOLUTION N0. 8233
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING SERVICE AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND R. L. KAUTZ & COMPANY
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City of Chula Vista has undertaken to become
self-insured to a limited extent for the purposes of public liability
insurance, and
WHEREAS, the contract authorized by the City Council of
the City of Chula Vista provides for a retention of $50,000 per
occurrence with a $150,000 yearly aggregate stop, and
WHEREAS, said policy requires the services of an admini-
strative organization to process claims, investigate accidents and
submit professional services relating to settlement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that that certain agreement entitled Service
Agreement between the City of Chula Vista and R. L. Kautz & Company,
dated the 29th day of June 1976, attached hereto as
Exhibit "A" and incorporated herein by reference as if set forth
in full, be, and the same is hereby approved.
BE IT FURTHER RESOLVED that R. L. Kautz shall have direct
claims settlement authority to the extent of $1000 per occurrence
without prior approval by the City of Chula Vista, and that R. L.
Kautz shall have claims settlement authority to the extent of $1001
to $5000 ~,i.th the concurrence of the City P4anager and the City
Attorney.
BE IT FURTHER RESOLVED that the City of Chula Vista shall,
through the Finance Office, take all steps necessary to implement
the terms and conditions of this agreement.
BE IT FURTHER RESOLVED that the P4ayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
Service Agreement for and on behalf of the City of Chula Vista.
Presented and Approved as to form by
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA this 29th day of June _ ,
197 6 b,y the following vote, to-wit:
AYES: Cvuneilmen
NAYES: Councilmen
ABSENT: Councilmen
ATTEST
STATE OF CALIFORNIA )
COUNTY OF SAN IIIEGO ) ss.
CITY OF CHULA VISTA )
~~-
Manor/of the City of
?ro Tempore
Vista
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista,
CaZifarnia, DO HEREBY CERTIFY that the above and foregoing is a full,
true and correct cvpy of _ _ ana
that the same has ~zot been amended or repealed.
DATED
ty CZer
(SEAL)
Hyde, Cox, Hobel, Egdahl
None
Hamilton
CC-660
SERVICE AGREEMENT
THIS AGREEMENT, entered into this 29th day of June ,
1976, by and between CITY OF CHULA VISTA, hereinafter called THE
SELF-INSURER; and R. L. KAUTZ & CO., hereinafter called THE
SERVICE AGENT, for certain services as outlined herein in con-
nection with the duties and responsibilities of administering a
program of self-insurance,
WITNESSETH:
WHEREAS, THE SELF-INSURER has undertaken to self-insure, and
whereas, THE SERVICE AGENT is engaged in the supervision and
administration of programs for self-insurance,
NOW, THEREFORE, for and in consideration of the mutual obliga-
tions hereby assumed, and the performance of the acts herein-
after set forth, the parties hereto agree as follows:
CLAIMS ADMINISTRATION
THE SERVICE AGENT agrees to supervise and administer the Self-
Insured Liability program for THE SELF-INSURER and shall act
as the representative in connection with the investigation,
adjustment, processing, supervision and resolution of claims
for money damages asserted by third parties against THE SELF-
INSURER which are premised upon allegations of negligent or
careless acts or omissions, or parties for whom THE SELF-
INSURER is alleged to be legally responsible, and agrees further
to provide to THE SELF-INSURER during the term of this Agreement
all the services more particularly set forth hereinafter:
1. The receipt and examination of reports of
accidents or incidents which are or may be
the subject of such liability claims.
2. The investigation of such .accidents, incidents,
claims or cases that THE SERVICE AGENT deems
necessary and appropriate.
3. The retention of various persons or firms
outside of THE SERVICE AGENT's company on
behalf of THE SELF-INSURER whose services
may be required in the discretion of THE
SERVICE AGENT to assist in the investigation,
adjustment, processing or resolution of
such claims.
4. The maintenance of a claim file on each
claim which is reported to THE SERVICE AGENT
by THE SELF-INSURER: this claim file shall
be available for review and inspection at
any time upon request and reasonable notice.
5. Maintain all records and statistical data
on losses arising under said self-insurance
program and provide a monthly tabulated
report.
6. The fees of attorneys and all other expenses
relating to litigation are. considered
allocated expenses; such expenses shall be
paid out of the loss fund trustee account.
7. THE SERVICE AGENT shall endeavor to consult
with and advise THE SELF-INSURER on any
settlement, compromise, resolution or payment
of judgment which involves the expenditure
and payment of any sum in excess of ONE THOUSAND
Dollars ($ 1.000.00 )•
THE REMUNERATION for Claims Administration to be paid under
this Agreement to THE SERVICE AGENT shall be based upon a period
commencing July 1, 1976, as a fixed guaranteed fee of Six
Thousand Dollars ($6,000.00) per annum for a period of one (1) year;
payable monthly in equal installments.
This Agreement shall take effect at 12:01 a.m., July 1, 1976, and
shall continue in effect until June 30, 1977, after which date
this Agreement shall continue in effect until cancelled by either
party as hereinafter provided.
This Agreement may be cancelled by either party giving to the
other, in writing, notice of his intention to cancel this
Agreement sixty (60) days prior to any anniversary of July 1.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be signed by their duly authorized officers as of the day
and year first above written.
Attest: /~
eputy City Clerk
ttest:
CITY OF CHULA VISTA
Mayor Pro Tempore
R. L. KAUTZ & CO.
By: '~~~ ~
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