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HomeMy WebLinkAbout2013 CON Claims Management Associates - Liability Claims Adjusting / Risk Management Services - Amendment #3CALIFORNIA NATIONAL CITp aoLvti rNCA&pOAATEO THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC. This Third Amendment to the Agreement by and between the City of National City and Claims Management Associates, Inc. is entered into this 1st day of October, 2013, by and between the City of National City and Claims Management Associates, Inc. [Amendment]. RECITALS WHEREAS, the City of National City [City] and Claims Management Associates [CMA], Inc. previously entered into the agreement entitled Agreement by and between the City of National City and Claims Management Associates, Inc. [Agreement], dated September 7, 2010 for liability claims adjusting and risk management services to the City; WHEREAS, that Agreement provides that the City of National City may extend services beyond the contract expiration date of September 6, 2011 under the same term and conditions; WHEREAS, a First Amendment was executed on September 27, 2011 for the period September 7, 2011 through September 6, 2012. WHEREAS, a Second Amendment was executed on August 22, 2012 for the period September 7, 2013 through September 6, 2013. WHEREAS, the City now seeks to extend the Agreement for an additional year. AGREEMENT NOW THEREFORE, the City and CMA agree as follows: 1. This Amendment extends the Agreement for one year for the time period September 7, 2013 through September 6, 2014. 2. The parties agree that each and every term of the Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this Third Amendment on the date and year first written above. CITY OF NATIONAL CITY INC. B Morrison, Mayor Apved as to form: CIa't'dia City Attd CLAIMS MANAGEMENT ASSOCIATES, By: Cf Edward Garbo, President By: (Print) Edward Garbo, Secretary (Print) ATTEST: f Mic ael R. Della City Clerk PROVED AS TO FORM: a dia City Atto citua Silva RESOLUTION NO. 2013 — 144 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATE, INC., IN THE AMOUNT OF $4,965 PER MONTH TO PROVIDE LIABILITY CLAIMS ADJUSTING AND RISK MANAGEMENT SERVICES TO THE CITY OF NATIONAL CITY WHEREAS, on September 7, 2010, the City Council adopted Resolution No. 2010-205, authorizing a one-year Agreement with Claims Management Associates, Inc., ("CMA") in the amount of $4,965 per month to provide liability claims adjusting and risk management services to the City of National City; and WHEREAS, on September 27, 2011, the City Council adopted Resolution No. 2011-127, approving the First Amendment to the Agreement to extend the term for one additional year under the same terms and conditions; and WHEREAS, on August 22, 2012, the City Council adopted Resolution No. 2012- 179, approving the Second Amendment to the Agreement to extend the term for one additional year under the same terms and conditions; and WHEREAS, the City and CMA desire to extend the Agreement for an additional one-year term under the same terms and conditions, expiring September 6, 2014. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Third Amendment to the Agreement between the City of National City and Claims Management Associates, Inc., in the not to exceed amount of $4,965 per month, under the same terms and conditions, to provide consulting services with respect to liability claims adjusting and risk management services to the City. Said Second Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of October, 2 3. on orrison, Mayor Passed and adopted by the Council of the City of National City, California, on October 1, 2013 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios. Nays: None. Absent: Councilmember Sotelo-Solis. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Crerk of the City I City, California ationa of By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-144 of the City of National City, California, passed and adopted by the Council of said City on October 1, 2013. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: October 1, 2013 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a third amendment to the agreement between the City of National City and Claims Management Associates (CMA) Inc., in the amount of $4,965 per month to provide liability claims adjusting and risk management services to the City of National City. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: APPROVED B Resources In September, 2010, the City Council authorized the City Manager to enter into a one year agreement with CMA for performance of the full range of risk services including liability claims adjusting and risk management services. Consistent with the terms of the agreement, staff wishes to exercise the ability to extend the agreement under the same terms and conditions. Consistent with City's goal of fiscal sustainability, staff finds that utilizing contracted services in lieu of a full-time staff person continues to provide budgetary savings while continuing to meet the service needs of the organization. CMA, with its technical knowledge and experience, continues the refinement work that began under the first amendment including updating policies and practices, and developing efficiency measures. To severe the relationship at this time would result in a significant set back in these efforts. FINANCIAL STATEMENT: APPROVED: G�i Finance ACCOUNT NO. 627-417-081-213-0000 APPROVED: MIS By utilizing the services of CMA and by not filling the full-time benefitted Risk Manager position, the City will realize ongoing savings of approximately $77,000, applying the fully loaded rate for a staff position. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution for a third extension to the agreement with Claims Management Associates for liability claims adjusting and risk management work. BOARD / COMMISSION RECOMMENDATION: LTTACHMENTS: Extension to the agreement between the City of National City and CMA Council Resolution +►- CI1 IFQR,NIA �-- _ mCO�APOB{EfTED THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC. This Third Amendment to the Agreement by and between the City of National City and Claims Management Associates, Inc. is entered into this 1st day of October, 2013, by and between the City of National City and Claims Management Associates, Inc. [Amendment]. RECITALS WHEREAS, the City of National City [City] and Claims Management Associates [CMA], Inc. previously entered into the agreement entitled Agreement by and between the City of National City and Claims Management Associates, Inc. [Agreement], dated September 7, 2010 for liability claims adjusting and risk management services to the City; WHEREAS, that Agreement provides that the City of National City may extend services beyond the contract expiration date of September 6, 2011 under the same term and conditions; WHEREAS, a First Amendment was executed on September 27, 2011 for the period September 7, 2011 through September 6, 2012. WHEREAS, a Second Amendment was executed on August 22, 2012 for the period September 7, 2013 through September 6, 2013. WHEREAS, the City now seeks to extend the Agreement for an additional year. AGREEMENT NOW THEREFORE, the City and CMA agree as follows: 1. This Amendment extends the Agreement for one year for the time period September 7, 2013 through September 6, 2014. 2. The parties agree that each and every term of the Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this Third Amendment on the date and year first written above. CITY OF NATIONAL CITY CLAIMS MANAGEMENT ASSOCIATES, INC. By: By: Ron Morrison, Mayor Edward Garbo, President Approved as to form: Claudia Silva City Attorney ��WG,v'Ct (Print) By: GG �6so Edward Garbo, Secretary (Print) RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATE, INC., IN THE AMOUNT OF $4,965 PER MONTH TO PROVIDE LIABILITY CLAIMS ADJUSTING AND RISK MANAGEMENT SERVICES TO THE CITY OF NATIONAL CITY WHEREAS, on September 7, 2010, the City Council adopted Resolution No. 2010-205, authorizing a one-year Agreement with Claims Management Associates, Inc., ("CMA") in the amount of $4,965 per month to provide liability claims adjusting and risk management services to the City of National City; and WHEREAS, on September 27, 2011, the City Council adopted Resolution No. 2011-127, approving the First Amendment to the Agreement to extend the term for one additional year under the same terms and conditions; and WHEREAS, on August 22, 2012, the City Council adopted Resolution No. 2012- 179, approving the Second Amendment to the Agreement to extend the term for one additional year under the same terms and conditions; and WHEREAS, the City and CMA desire to extend the Agreement for an additional one-year term under the same terms and conditions, expiring September 6, 2014. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Third Amendment to the Agreement between the City of National City and Claims Management Associates, Inc., in the not to exceed amount of $4,965 per month, under the same terms and conditions, to provide consulting services with respect to liability claims adjusting and risk management services to the City. Said Second Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of October, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor C INCORPORATED October 8, 2013 Mr. Edward Garbo Claims Management Associates, Inc. 11777 Bernardo Plaza Court, Suite 201 San Diego, CA 92128 Dear Mr. Garbo, OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax On October Pt, 2013, Resolution No. 2013-144 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #3 to an Agreement with Claims Management Associates, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed copy of the Amendment. Sincerely, ZAN ll Michael R. Da la, CMC City Clerk Enclosures cc: Human Resources Dept.