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STAFF REPORT
Administrative Services Department
DATE: August 4, 2015
TO: Honorable Mayor and City Council
FROM: Hue C. Quach, Administrative Services Director
Prepared by: Jeannette Flores, Human Resources Administrator
SUBJECT: AUTHORIZE THE CALIFORNIA INSURANCE POOL AUTHORITY
( "CIPA ") TO ENTER INTO A THREE -YEAR AGREEMENT WITH CARL
WARREN & COMPANY ON BEHALF OF THE CITY OF ARCADIA FOR
THIRD PARTY ADMINISTRATION SERVICES FOR GENERAL AND
AUTO LIABILITY CLAIMS IN THE AMOUNT OF $20,000 FOR FISCAL
YEAR 2015 -16 AND $21,000 ANNUALLY FOR FISCAL YEARS 2016 -17
AND 2017 -18
Recommendation: Approve
SUMMARY
On June 19, 2012, the City Council approved an agreement with Carl Warren &
Company for third party administration services for general and auto liability claims.
Based on the excellent services provided through this agreement, it is recommended
that the City Council authorize the California Insurance Pool Authority ( "CIPA ") to enter
into a new three -year agreement with Carl Warren & Company in the amount of
$20,000 for Fiscal Year 2015 -16 and $21,000 annually for Fiscal Years 2016 -17 and
2017 -18.
BACKGROUND
The City of Arcadia operates a self- funded general and auto liability insurance program
and requires the services of a third party administrator ( "TPA ") to handle the day -to -day
operations of the City's claims.
The scope of services for the liability program may include processing and tracking
claim information, setting and updating reserves, arranging for investigations and
providing reports, providing clear and concise narratives, documenting all actions taken
on claims, providing litigation management, and providing appropriate notices.
Additionally, a TPA will ensure the City maintains compliance with liability best practices
and laws. In -house staff does not have the capacity or the expertise to properly
manage this program. As a result, the City has always contracted for this specialized
service.
Authorize CIPA to enter into a three -year agreement
with Carl Warren & Company
August 4, 2015
Page 2 of 2
DISCUSSION
The City entered into its current agreement for this service with Carl Warren & Company
on June 19, 2012, as a member of CIPA, the insurance pool authority that the City is a
member of. As the current agreement was set to expire on June 30, 2015, CIPA went
out to bid on behalf of participating member cities in June 2015, and was successful in
getting a favorable three year agreement. The newly proposed agreement will provide a
1.9% decrease in the first year, effective July 1, 2015, then a 5.0% increase on July 1,
2016. The recently expired agreement's annual cost was $20,390. The newly proposed
agreement will run through June 30, 2018, and at that time can be renewed,
renegotiated or re -bid.
Based on the excellent services provided by Carl Warren & Company, it is
recommended that the City Council authorize CIPA to enter into a new three -year
agreement with Carl Warren & Company.
FISCAL IMPACT
Under the terms of the proposed agreement, administration fees will total $62,000 over
the next three fiscal years. Beginning July 1, 2015, the cost of the first year's agreement
is $20,000, then $21,000 annually for FY 2016 -17 and 2017 -18.
Sufficient funds are budgeted in the FY 2015 -16 Budget for the proposed agreement
with Carl Warren and Company. Future year's administrative cost will be budgeted
annually as part of the budget adoption process.
RECOMMENDATION
It is recommended that the City Council authorize the California Insurance Pool
Authority ( "CIPA ") to enter into a three -year agreement with Carl Warren & Company on
behalf of the City of Arcadia for Third Party Administrator Services for General and Auto
Liability Claims in the amount of $20,000 for Fiscal Year 2015 -16 and $21,000 annually
for Fiscal Years 2016 -17 and 2017 -18.
Approved:
Do inic Lazzar tto
City Manager
Attachment: Draft Agreement
AGREEMENT FOR GENERAL LIABILITY
CLAIMS ADMINISTRATION SERVICES
THIS AGREEMENT is made and entered into July 1, 2015 by and between the CALIFORNIA
INSURANCE POOL AUTHORITY (hereinafter referred to as "CIPA "), consisting of the Cities
of Arcadia, Brea, Cypress, Irvine, Laguna Beach, Orange, Tustin, Westminster and Yorba Linda
(hereinafter each referred to as a "Member City" or collectively as "Member Cities "), and Carl
Warren & Company (hereinafter referred to as "CONTRACTOR ").
In consideration of the mutual obligations hereby assumed, CIPA and CONTRACTOR
(hereinafter referred to as a "Party" or collectively as the "Parties ") agree to the following:
1. TERM OF AGREEMENT
The term of this Agreement shall be for a three -year period commencing 12:01 a.m. on
July 1, 2015 and ending 12:00 midnight on June 30, 2018.
2. CLAIMS ADMINISTRATION SERVICES
A. General
CONTRACTOR agrees to act as the representative in connection with the investigation,
adjustment, processing, supervision and resolution of CIPA's general liability program,
including general liability, employment practices liability, automobile liability claims and
potential claims for money damages asserted by third parties against CIPA or any
Member City or Covered Party thereof, for whom CIPA or Member City is alleged to be
legally responsible, and agrees to provide all services set forth in this Agreement.
B. Program Administration
1. Provide professional and technical staff to perform the services as described in
this Agreement.
2. Inform CIPA of changes or proposed changes in statutes, rules and regulations
and case law affecting its general liability claims program.
3. Assist in the development of policies and procedures relating to CIPA's
general liability claims program.
4. Inform CIPA of problem areas or trends and recommend solutions.
5. Provide copies of file correspondence and documentation as requested by
CIPA and /or Member City.
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6. Maintain on -call service on a 24 hour, 7 days per week basis. This can be
provided through a 24 hour phone number, a beeper or the phone numbers of
key personnel who will be available.
7. Attend meetings at the request of CIPA and /or Member Cities.
8. Conduct seminars at the request of CIPA and /or Member Cities.
9. Provide information to CIPA as requested to assist in the analysis of coverage
issues.
10. Report claims in compliance with Medicare, Medicaid, and SCHIP Extension
Act (MMSEA) Section 111.
C. Claims Administration
1. Create and enter new claim files into the computer within seventy -two (72)
hours of receipt of a loss notice from a Member City.
2. Review all reports of accidents, incidents and claims for liability which are
submitted to CONTRACTOR by a Member City within seventy -two (72)
hours of receipt, unless immediate action is required.
3. Contact claimants within twenty -four (24) hours of receipt of a claim and
maintain appropriate contact with them until the claim is closed, unless
otherwise directed by CIPA or Member City.
4. Obtain two competitive estimates of automobile damage when the loss is
under $1,000. If over this amount, engage the services of a professional
appraiser.
5. Review the adequacy of reserves on all active cases at least every ninety (90)
days.
6. Provide first Investigative Report within thirty (30) days of receipt of claim to
Member City. Send report to CIPA General Manager when claim exceeds
designated limit or criteria.
7. Provide clear and concise narrative reports when recommending rejection or
settlement of a claim, when claim is going to trial, or when other significant
events occur.
8. Process payments within authority level within twenty (20) business days of
receipt.
9. Review vendors for appropriateness of work and cost - effectiveness.
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10. Calendar all files at appropriate intervals and no less frequently than sixty (60)
days to allow for timely completion of required activity.
11. Maintain reserves on all files that accurately reflect liability and change
reserves as new information is received. Establish and follow procedures to
review reserves for accuracy.
12. Review reserve recommendations with CIPA General Manager when claims
exceed a Member City's self - insured retention.
13. Maintain content of all paper files in chronological order with correspondence
in the designated section. Portions of a file shall not be maintained in multiple
locations. The entire file shall be maintained in one location and available for
review within three days of request.
14. Clearly and concisely document action taken on claims.
15. Return telephone calls within twenty -four (24) hours. If CONTRACTOR'S
staff member called is not available within this time frame, another designated
staff member shall return the call.
16. Respond to emails within forty -eight (48) hours, unless an immediate
response is required. If CONTRACTOR'S staff member does not have the
information being requested at the time they respond, the response should
include a date by which they will provide the requested information.
17. Notify excess carriers of claims meeting excess reporting requirements and
follow -the reporting guidelines of all excess carriers.
D. Investigations
1. Within fourteen (14) days of receipt of a claim, unless otherwise requested,
take statements of facts from claimants when not represented by an attorney.
Statements will be preserved by recording or taking hand written signed
statements.
2. Further investigate claims where the initial review indicates that it is
warranted. Further investigation may include on -site investigation,
photographs, interviewing witnesses and taking signed or recorded statements,
verification of damage or loss, taking measurements, obtaining
maps /diagrams, obtaining medical releases, police reports, internal operations
investigations, paramedics reports, marine department reports, building
permits, or other records as required.
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3. If an attorney is involved, direct all communication to the claimant's attorney
regarding the investigation, negotiation, and evaluation of any claims leading
to a settlement.
4. Report bodily injury cases to the Index Bureau.
5. Investigative assignments to outside vendors will only be made with approval
from CIPA or the appropriate Member City.
E. Litigation Management
1. Provide Cities and CIPA General Manager with a transmittal letter outlining
the status of the case, results of investigations, primary issues, requested
action and any documentation within fourteen (14) days of receipt of lawsuit.
2. Assist trial attorney in preparation of litigation and negotiation of settlements
at request of CIPA or Member City, and provide trial attorney with all
necessary documentation.
3. Assist trial attorney in answering interrogatories.
4. Obtain a fully executed release on all settlements and dismissals.
5. Process any claim or potential claim for settlement in accordance with
instructions and policies of CIPA or any municipal member thereof for
settlement of such claims, in accordance with the California Government
Code.
6. Attend mandatory and voluntary settlement conferences at request of CIPA or
Member City.
7. Attend mediation or arbitrations as requested.
8. Assist Member City's designated representative in small claims actions.
9. As Litigation Manager, oversee and implement Litigation Management
Guidelines, including billing guidelines.
10. Forward Litigation Acknowledgement to defense attorneys when case
assigned (do not wait until lawsuit filed) and follow -up for signature.
F. Subrogation
Place the tortfeasor on notice of CIPA's or Member Cities' subrogation rights.
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G. Statistical Reports
Submit to Member City and CIPA loss reports within 10 days after the end of the
month. The following reports will be e- mailed and /or mailed as requested to
Member Cities:
■ Detail Loss Analysis
■ Loss Analysis Summary
■ Check Register
The following outlines reporting requirements to CIPA, which may be revised
from time to time.
❑
TYPE OF REPORT
FREQUENCY
1
Open Claim Listing by policy year: The paid,
Monthly
outstanding, and incurred must be totaled for each
claim and each policy year. Each policy year
should include the number of open claims. A grand
total for all years should be provided. Provide in
excel format.
2
Summary of Open & Closed Claims by policy
Monthly
year: The report should contain the number of
open and closed claims, paid, outstanding and total
incurred for each policy year and grand total for all
years. Provide in excel format.
3
Open & Closed Claims Listing by policy year:
6/30 and 12/31
The paid, outstanding, and incurred must be totaled
for each claim and each policy year. The total for
each policy year should include the number of open
and closed claims. A grand total for all years
should be provided. Provide in excel format.
CONTRACTOR shall provide loss data to the CIPA and Member City actuaries
as requested. CIPA and Member Cities reserve the right to request additional
reports required to manage the program.
3. CIPA RESPONSIBILITIES
CIPA or any Member City shall provide CONTRACTOR with copies of all relevant
documents upon request and without charge and will make available employee(s) for
interview by CONTRACTOR at reasonable times concerning any investigation of a
claim or incident.
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4. ALLOCATED EXPENSES
CIPA or Member Cities agree to pay for the cost of all extraordinary investigative
services where expert and professional assistance is required, such as professional
photography, independent medical examinations, professional engineering services, and
laboratory services. These services will be billed to the individual Member Cities
incurring such costs. CONTRACTOR shall order such services only upon written
authorization of the General Manager or Member City's designated representative. Such
authority may be given orally where such services are urgently required.
5. FEES
A. Time and Expense
The time and expense fees for the Cities of Tustin and Westminster shall be as
follows.
• 7/1/15 to 6/30/16
$79 per hour
• 7/1/16 to 6/30/17
$80 per hour
• 7/1/17 to 6/30/18
$81 per hour
Billing shall be in increments of 1 /10 of an hour. Mileage shall be charged at the
IRS rate for Cities with time and expense fees.
B. Flat Annual Fee
The flat fee for the Cities of Arcadia, Cypress, Irvine, Laguna Beach, Orange and
Yorba Linda shall be as follows. Mileage is included in the flat annual fees:
City of Arcadia
• 7/1/15 to 6/30/16 $20,000
• 7/1/16 to 6/30/17 $21,000
• 7/1/17 to 6/30/18 $21,000
City of Cypress
• 7/1/15 to 6/30/16 $22,500
• 7/1/16 to 6/30/17 $23,500
• 7/1/17 to 6/30/18 $23,500
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City of Irvine
• 7/1/15 to 6/30/16 $51,000
• 7/1/16 to 6/30/17 $51,000
• 7/1/17 to 6/30/18 $54,000
City of Laguna Beach
• 7/1/15 to 6/30/16 $24,000
• 7/1/16 to 6/30/17 $24,000
• 7/1/17 to 6/30/18 $25,000
City of Orange
• 7/1/15 to 6/30/16 $15,000
• 7/1/16 to 6/30/17 $16,000
• 7/1/17 to 6/30/18 $17,000
City of Yorba Linda
• 7/1/15 to 6/30/16 $3,600
• 7/1/16 to 6/30/17 $3,600
• 7/1/17 to 6/30/18 $3,600
The flat fees encompass all field investigations, attendance at settlement conferences,
mediations and trials, and all claim adjusting and litigation management services
performed from the office including file creation, telephone contacts, telephone
investigation, reporting and settlement negotiations.
C. Flat Fee Per Claim (Life of Contract)
The City of Brea shall be charged a flat fee per claim as follows for the period 7/1/15 to
6/30/18. Mileage is included in the flat fee per claim:
• Property Damage $285
• Bodily Injury $620
• Employment Practices $600
• Litigated Property Damage $670
• Litigated Bodily Injury $1,010
In addition to the flat fee per claim above, the City of Brea shall be charged for
computerized tracking of incidents and claims handled in -house by the City of Brea as
listed below. No computerized tracking fee shall be charged for a claim incurring a flat
fee per claim:
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• Incident
$50 per incident
• In -House Claims — No Payment $50 per claim
• In -House Claims — With Payment $150 per claim
D. Allocated Loss Adjustment Expenses
In addition to the above service fees, and subject to the client's prior written approval, the
client agrees to pay all allocated loss adjustment expenses as defined below.
1. Fees to attorneys for claims in suit and for representation at hearings or pre-
trial conferences
2. All court costs, court fees and court expenses
3. Fees for service of process
4. Costs of undercover operative and detective services
5. Costs for employing experts for the preparation of maps and professional
photographs
6. Accounting, chemical or physical analysis, diagrams and any other type of
expert used in the preparation of litigation and used on a one -time basis to
resolve disputes
7. Costs for independent medical examinations and bill review, evaluations for
rehabilitation (vocational or physical), pre - certification activities, utilization
reviews and other medical cost containment measures to determine the extent
of the client's liability
8. Costs of legal transcripts of testimony taken at coroner's inquests, criminal or
civil proceedings, including court reporter fees
9. Costs for copies of any public records and medical records
10. Costs and expenses of subrogation when referred to outside attorneys
11. Excess expenses incurred on salvaged vehicles, where costs exceed value
12. Cost of automobile appraisals
13. Bank service fees, check stock printing costs, and any other related fees to any
fund account utilized for the payment of claims for the client
14. Filings with the Index Bureau, NATB, or PILR, or other regulatory filings
15. Costs for certified mail, special delivery charges, or other extraordinary
expenses when requested by the client or justified by circumstances beyond
our control
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E. MMSEA Section Ill Mandatory Reporting
The above fees include reporting in compliance with MMSEA Section 111.
6. TERMINATION OF AGREEMENT
Either Party may terminate this Agreement without cause at any time by submitting 60
days prior written notice of intention to terminate; provided however, that should CIPA
determine not to renew this Agreement on any annual renewal date, no advance notice of
termination need be given. The CONTRACTOR shall not be required to perform any of
the services specified in paragraph 2 beyond the date of termination and all fees owed to
the CONTRACTOR by CIPA shall be paid on a pro -rata basis up to the date of
termination.
7. NOTICES
Any notices required under this Agreement shall be sent to the Parties addressed as
follows:
CIPA
Janet D. Kiser, General Manager
366 San Miguel Drive, Suite 312
Newport Beach, California 92660
CONTRACTOR
Carl Warren & Company
770 South Placentia Avenue
Placentia, CA 92870
8. INDEMNIFICATION
CIPA and /or Member Cities and CONTRACTOR agree to defend, indemnify and hold
harmless each other with respect to any and all claims, costs, damages and expenses
(including reasonable attorneys' fees), which are related to or arise out of the negligent or
willful performance or nonperformance by the indemnifying party of any functions,
duties or obligations of such party under this Agreement.
9. INSURANCE REQUIREMENTS
CONTRACTOR shall provide a copy of a Certificate of Insurance for the following:
A. Commercial General Liability: Commercial General Liability Insurance which
affords coverage at least as broad as Insurance Services Office "occurrence" form
CG 0001, with minimum limits of at least $1,000,000 per occurrence.
B. Automobile Liability Insurance: Automobile Liability Insurance with coverage
at least as broad as Insurance Services Office Form CA 0001 covering "Any
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Auto" (Symbol 1) with minimum limits of $1,000,000 each accident. (If the
CONTRACTOR does not own any company vehicles, the requirement may be
satisfied by providing a non -owned auto endorsement to the Commercial General
Liability policy.)
C. Workers' Compensation: Workers' Compensation Insurance, as required by the
State of California and Employer's Liability Insurance with a limit of not less
than $1,000,000 per accident for bodily injury and disease.
D. Professional Liability: Professional Liability insurance with minimum limits of
$2,000,000 per occurrence. Covered Professional Services shall specifically
include all work to be performed under the Contract. If coverage is written on a
claims -made basis, the retroactive date shall precede the effective date of the
initial Agreement and continuous coverage will be maintained or an extended
reporting period will be exercised for a period of at least three (3) years from
termination or expiration of this Agreement.
E. Fidelity Bond: Fidelity Bond with a minimum limit of $2,000,000 per occurrence
applied exclusively to CIPA and the Member Cities.
F. Endorsements: Required insurance polices shall not be in compliance if they
include any limiting endorsement that has not been submitted to CIPA for
approval.
(1) The policy or policies of insurance required by 9.A. Commercial General
Liability and 9.B. Automobile Liability shall be endorsed to provide the
following:
(a) Additional Insured: CIPA and the Member Cities shall be additional
insureds with regard to liability and defense of suits or claims arising out
of the performance of the Contract.
(b) Primary and Non - Contributing Insurance: This insurance shall be
primary and any other insurance, deductible, or self - insurance maintained
by the indemnified parties shall not contribute with this primary insurance.
(c) Cancellation: The policy shall not be cancelled or the coverage
reduced until a thirty (30) day written notice of cancellation has been
served upon the City except ten (10) days shall be allowed for non-
payment of premium.
(2) The policy or policies of insurance required by Section 9.C. Workers'
Compensation shall be endorsed, as follows:
(a) Waiver of Subrogation: A waiver of subrogation stating that the
insurer waives all rights of subrogation against CIPA and Member Cities.
(b) Cancellation: The policy or policies shall not be cancelled or the
coverage reduced until a thirty (30) day written notice of cancellation has
been served upon the City except ten (10) days shall be allowed for non-
payment of premium.
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(3) The policy or policies of insurance required by 9.D. Professional Liability
shall be endorsed, as follows:
(a) Cancellation: The policy or policies shall not be cancelled or the
coverage reduced until a thirty (30) day written notice of cancellation has
been served upon the City except ten (10) days shall be allowed for non-
payment of premium.
G. Waiver of Subrogation: Required insurance coverages shall not prohibit
Contractor from waiving the right of subrogation prior to a loss. Contractor shall
waive all subrogation rights against CIPA and the Member Cities.
H. Evidence of Insurance: The Contractor, concurrently with the execution of the
contract, and as a condition precedent to the effectiveness thereof, shall deliver
either certified copies of the required policies, or original certificates and
endorsements. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its behalf.
At least fifteen (15 days) prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or extended
shall be filed with the CIPA. If such coverage is cancelled or reduced,
CONTRACTOR shall, within ten (10) days after receipt of written notice of such
cancellation or reduction of coverage, file with the CIPA evidence of insurance
showing that the required insurance has been reinstated or has been provided
through another insurance company or companies.
I. Acceptability of Insurers: Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and authorized
to do business in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California
Insurance Code or any federal law.
10. CONFLICT OF INTEREST
In the event a third -party claimant or a cross - complainant is also a client of
CONTRACTOR and there is a dispute as to the third -party claimant or cross
complainant's liability, the CONTRACTOR shall immediately notify CIPA for directions
on handling of the claim.
11. AUDIT
CONTRACTOR agrees to cooperate with CIPA in making any and all claim files and
records available to CIPA for audit by CIPA, a Member City, or CIPA appointed
representatives.
12. MMSEA REPORTING
All penalties assessed for failure to comply with reporting requirements under MMSEA
Section 111 shall be paid, whether directly or through reimbursement, by the party
responsible for the assessment of the penalty. If either party disputes the liability for
payment of the penalty, the parties shall negotiate to resolve the dispute. If the dispute is
not resolved within 30 days after notice to both parties of the penalty, then such dispute
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shall be submitted to arbitration for determination of the party responsible for the
assessment and payment of the penalty. The provisions of this Article shall survive any
termination of this Agreement.
13. RECORDS
A. All claim files, records, reports and other documents and materials pertaining to
CIPA claims including all computerized data pertaining to CIPA, the Member
Cities, and their claims, together with the format thereof, shall be the property of
CIPA. CONTRACTOR shall deliver such records to CIPA, its designee, or the
Member Cities, as requested by CIPA, upon termination of this Agreement.
CONTRACTOR shall not charge for any activities related to this delivery
obligation. This obligation shall survive the termination of this Agreement.
CONTRACTOR shall maintain closed files for seven years after the date of
closure.
B. CIPA and /or Member Cities reserve the right to inspect and audit
CONTRACTOR'S records relevant to CIPA's account at any time upon giving
reasonable notice.
14. PROHIBITION AGAINST TRANSFERS
CONTRACTOR shall not assign, sublease, hypothecate, or transfer this Agreement or
any interest therein directly, or indirectly, by operation of law or otherwise. Any attempt
to do so shall be null and void, and any assignee, sublessee, hypothecate or transferee
shall acquire no right or interest by reason of such attempted assignment, hypothecation
or transfer.
15. WAIVER
A waiver by CIPA of any breach of any term, covenant, or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant, or condition contained herein whether of the same or a different
character.
16. ENTIRE CONTRACT
This instrument contains the entire Agreement between the Parties relating to the rights
herein granted and the obligations herein assumed. Any oral representations or
modifications concerning this instrument shall be of no force or effect. Such
representations or modification shall be made in writing.
17. SEVERABILITY
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If any provision of this Agreement is held by a competent court to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and
effect. The validity of this Agreement and of any of its terms and provisions shall be
interpreted pursuant to the Laws of the State of California.
18. INDEPENDENT CONTRACTOR
The relationship of CONTRACTOR and CIPA established by this agreement is that of
independent contractors, and nothing contained in this agreement shall be construed to
establish an employer /employee relationship or to constitute the Parties as partners, joint
ventures, co- owners or otherwise as participants in a joint and common undertaking.
CONTRACTOR, its agents and employees are representatives of CIPA only for the
purpose of administering CIPA's general liability claims program as set forth in this
Agreement, and has no power or authority as agent, employee, or in any other capacity to
represent, act for, bind or otherwise crease or assume any obligation on behalf of CIPA
for any purpose whatsoever, except as specifically required to perform
CONTRACTOR'S obligations under this Agreement.
19. SELECTION OF PERSONNEL
CIPA shall maintain final approval in the selection of staff assigned to CIPA's account
and the right to request new staff if the service is unacceptable to CIPA for any reason.
Examiners assigned to the account must have a minimum of five years full -time
experience as a General Liability examiner.
20. CLAIMS COMMITTEE MEETINGS AND MEETINGS WITH CITIES
The Litigation Manager will prepare a summary of those claims on CIPA'S "Watch List"
and present at Quarterly Claims Committee Meetings.
Upon request, the examiner(s) will be available for meetings scheduled with the Member
Cities or CIPA to review claims.
21. VENDORS
All services provided by outside providers /vendors shall be approved by CIPA or
appropriate Member City and billed at CONTRACTOR'S actual cost with no "mark -up ".
22. CONFIDENTIALITY
CONTRACTOR shall treat information, reports and analyses obtained or developed
pursuant to this Agreement as confidential. Prior written consent from CIPA shall be
required before any information, in any format, is disclosed to any third party.
CONTRACTOR shall produce, maintain and dispose of all such information reports and
analyses in a manner to guarantee reasonable safeguards to such confidentiality.
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23. AGREEMENT NOT TO DISCRIMINATE
Consultant shall comply with all state and federal laws and regulations applicable to the
performance of services under this Agreement, including California Government code
section 7550.
24. THIRD PARTY BENEFICIARIES
CIPA and CONTRACTOR intend to benefit the Member Cities through the execution of
this Agreement and agree that any Member City may enforce any obligation of
CONTRACTOR set forth herein.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
in Orange County, California as of July 1, 2015.
California Insurance Pool Authority
General Manager
Date:
Carl Warren & Company
Un
Chief Operating Officer
Date:
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