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Home My WebLink About2018 CON Claims Management Associates - Liability Claims Adjusting/Risk Management Services - Amendment #1FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC. THIS FIRST AMENDMENT TO THE AGREEMENT, is entered into this 4th day of September, 2018, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and CLAIMS MANAGEMENT ASSOCIATES, INC. a California corporation, (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT (collectively referred to as the "Parties") entered into an Agreement on March 21, 2017, ("the Agreement") wherein the CONSULTANT agreed to provide the CITY consulting services for Liability Risk Management, Claims Adjustment and Investigation and related functions. WHEREAS, the Agreement's original term of hourly compensation was $90.00 per hour for Risk Management Consulting services. WHEREAS, the Agreement's total compensation and payment amount was for a not -to - exceed amount of $150,000. WHEREAS, the Parties desire to amend the Agreement to increase the hourly compensation for Risk Management Consulting services to $100.00 per hour and also increase the total not -to -exceed amount to $160,000. NOW, THEREFORE, the Parties hereto agree as follows: 1. The Agreement entered into on March 21, 2017, shall be amended to increase the hourly compensation for Risk Management Consulting services to $100.00 per hour. 2. The total not -to -exceed amount is increased to $160,000. 3. The Parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated March 21, 2017, shall remain in full force and effect. [END OF AGREEMENT — SIGNATURES APPEAR ON NEXT PAGE] IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones ttorney By: Ro s erto M. Contreras Deputy City Attorney CLAIMS MANAGEMENT ASSOCIATES, INC., a California corporation By: By: Edward Garbo President Edward Garbo Secretary First Amendment to 2017 Agreement 2 City of National City and September 4, 2018 Claims Management Associates, Inc. RESOLUTION NO. 2018 — 151 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC., TO INCREASE THE HOURLY BILLING RATE FROM $90 PER HOUR TO $100 PER HOUR TO PROVIDE LIABILITY RISK MANAGEMENT, CLAIMS ADJUSTING AND INVESTIGATIVE SERVICES, WHICH INCREASES THE AGREEMENT AMOUNT BY $10,000, RESULTING IN A TOTAL AGREEMENT AMOUNT INCREASE FROM $150,000 TO $160,000 WHEREAS, Claims Management Associates, Inc., ("CMA") is the City's current provider of Liability Risk Management, Claims Adjusting and Investigation Services and has provided Risk Management consulting services since 2010; and WHEREAS from 2010 through 2015, CMA charged the City a flat rate to provide risk management -related services. In 2015, CMA switched to its current $90 per hour billable rate structure WHEREAS, CMA now requests a $10 per hour increase, and corresponding $10,000 increase to the total not to exceed amount, from $150,000 to $160,000 over a two-year period (ending on March 21, 2019), to continue delivering high quality services to the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizing the Mayor to execute a First Amendment to the Agreement between the City of National City and Claims Management Associates, Inc., ("CMA"), to increase the hourly billing rate from $90 per hour to $100 per hour to provide liability risk management, claims adjusting, and investigative service; which increases the Agreement amount by $10,000, resulting in a total Agreement amount increase from $150,000 to $160,000. Said First Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of Septem,,2018. Morrison, Mayor ATT EST: / Michael R. Dalla, ity Clerk APPROVED AS TO FORM: (fA Rngil P. Morris -Jones City Attorney Passed and adopted by the Council of the City of National City, California, on September 4, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 3I City C erk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-151 of the City of National City, California, passed and adopted by the Council of said City on September 4, 2018. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT L' - Ll MEETING DATE: September 4, 2018 AGENDA ITEM NO. 6 TEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement between the City of National City and Claims Management Associates, Inc. ("CMA"), to increase the hourly billing rate from $90 per hour to $100 per hour to provide liability risk management, claims adjusting and investigative services, and to increase the Agreement by $10,000, resulting in a total not to exceed Agreement amount increase from $150,000 to $160,000. (City Attorney) PREPARED BY: Roberto M. Contreras Deputy City Attorney PHONE: Ext. 4412 EXPLANATION: DEPARTMENT: City A torney APPROVED BY: The City has contracted with Claims Management Associates, Inc. ("CMA") to provide risk management consulting services since 2010. CMA is the City's current provider of liability risk management, claims adjusting, and investigation services. From 2010 through 2015, CMA charged the City a flat rate to provide risk management -related services. In 2015, CMA switched to its current $90.00 per hour billable rate structure. CMA now requests a $10 per hour increase, and corresponding $10,000 increase to the total not to exceed amount, from $150,000 to $160,000 over a two-year period (ending on March 21, 2019), to continue delivering high quality services to the City. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Funds are available in account no. 627-405-081-213-0000 (Professional Services) ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution for a First Amendment to the Agreement with Claims Management Associates, Inc., to increase the hourly billing rate from $90 to $100 per hour, and to increase the total Agreement by a not -to -exceed amount of $160,000. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: First Amendment to the Agreement Resolution /6 sa/aoi,ii 770/P-/S/ FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC. THIS FIRST AMENDMENT TO THE AGREEMENT, is entered into this 4th day of September, 2018, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and CLAIMS MANAGEMENT ASSOCIATES, INC. a California corporation, (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT (collectively referred to as the "Parties") entered into an Agreement on March 21, 2017, ("the Agreement") wherein the CONSULTANT agreed to provide the CITY consulting services for Liability Risk Management, Claims Adjustment and Investigation aid related functions. WHEREAS, the Agreement's original term of hourly compensation was $90.00 per hour for Risk Management Consulting services. WHEREAS, the Agreement's total compensation and payment amount was for a not -to - exceed amount of $150,000. WHEREAS, the Parties desire to amend the Agreement to increase the hourly compensation for Risk Management Consulting services to $100.00 per hour and also increase the total not -to -exceed amount to $160,000. NOW, THEREFORE, the Parties hereto agree as follows: 1. The Agreement entered into on March 21, 2017, shall be amended to increase the hourly compensation for Risk Management Consulting services to $100.00 per hour. 2. The total not -to -exceed amount is increased to $160,000. 3. The Parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated March 21, 2017, shall remain in full force and effect. [END OF AGREEMENT — SIGNATURES APPEAR ON NEXT PAGE] IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney CLAIMS MANAGEMENT ASSOCIATES, INC., a California corporation By: By: Edward Garbo President Edward Garbo Secretary First Amendment to 2017 Agreement 2 City of National City and September 4, 2018 Claims Management Associates, Inc. RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC., TO INCREASE THE HOURLY BILLING RATE FROM $90 PER HOUR TO $100 PER HOUR TO PROVIDE LIABILITY RISK MANAGEMENT, CLAIMS ADJUSTING AND INVESTIGATIVE SERVICES, WHICH INCREASES THE AGREEMENT AMOUNT BY $10,000, RESULTING IN A TOTAL AGREEMENT AMOUNT INCREASE FROM $150,000 TO $160,000 WHEREAS, Claims Management Associates, Inc., ("CMA") is the City's current provider of Liability Risk Management, Claims Adjusting and Investigation Services and has provided Risk Management consulting services since 2010; and WHEREAS from 2010 through 2015, CMA charged the City a flat rate to provide risk management -related services. In 2015, CMA switched to its current $90 per hour billable rate structure WHEREAS, CMA now requests a $10 per hour increase, and corresponding $10,000 increase to the total not to exceed amount, from $150,000 to $160,000 over a two-year period (ending on March 21, 2019), to continue delivering high quality services to the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizing the Mayor to execute a First Amendment to the Agreement between the City of National City and Claims Management Associates, Inc., ("CMA"), to increase the hourly billing rate from $90 per hour to $100 per hour to provide liability risk management, claims adjusting, and investigative service; which increases the Agreement amount by $10,000, resulting in a total Agreement amount increase from $150,000 to $160,000. Said First Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of September, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk CLAIMS MANAGEMENT ASSOCIATES LIABILITY RISK MANAGEMENT, CLAIMS AND INVESTIGATIVE SERVICES AMENDMENT #1 Ginny Miller (City Attorney) forwarded an original duplicate of Amendment #1 to Claims Management Associates.