HomeMy WebLinkAbout06.C- Human Resources I
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RESOLUTION (ID #2664) DOC ID: 2664 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Personnel
From: Allen Parker M/CC Meeting Date: 09/03/2013
Prepared by: Linda Wynn, (909) 384-5161
Dept: Human Resources Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Issuance of a Request for Proposal for Liability and Property Claims Administration Services.
(#2664)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Request for bid only.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Backiround:
The Pre-Pendency Plan included the outsourcing of Workers' Compensation and Risk
Management functions to a third party administrator to reduce costs and enhance efficiencies.
The City's Workers' Compensation Program was outsourced effective May 15, 2013.
Within any organization, the effective use of resources are paramount to the improvement of
cost-containment.Third-party administrators are prominent players with local governments and
have the expertise and capability to administer all or a portion of the claims process. Claims
administration can be cost effectively outsourced by cities or self-insuring companies to
administer services, including claims administration, premium collection, enrollment and other
administrative activities.
Much like the workers' compensation administration, liability claims administration services are
a specialized area of risk management. Challenges to the City include the need for ongoing
training to remain current with industry standards, higher claim volumes decrease claim accuracy
and frustrate claim settlement and ultimately increase claim compensability. Staffing to provide
effective claims management that focuses on services and cost containment is difficult and
expensive.
_ Inquiry has indicated that many cities typically outsource these tasks to third-party claim
administrators because of the potential to reduce overhead and provide improved claims services
at significant annual savings. The advantages of using an external third-party administrator are:
1. Less costly than performing the tasks internally, estimated annual savings of $260,000.
Q (Since bankruptcy filing, the City has received 148 liability claims.)
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2. Immediate access to highly-trained, highly-e iduction cient professional people. People that are
experienced, thus eliminating the costly intr and training curve that is inherent
within an internal department.
3. People motivated to perform at peak proficiency, immediately and continually.
4. People that are not "on the clock" and are paid for only what they produce, eliminating
costly down time.
Essentially, outsourcing to a third-party administrator will typically yield a direct benefit to
include,but not be limited to,the below areas which all have a fiscal impact to the City:
1. Improve investigation and reporting claim activity to determine validity and
compensability;
2. Promptly and accurately determine all benefi s due for all compensable claims;
3. Guarantee timely delivery of all benefits due in accordance with payment procedures, as
established by the City;
4. Properly and adequately document and handle defense of all claims considered non-
compensable; assist and provide support to the City's legal counsel in preparation for
defending the City through all stages of the c aim;
5. Efficiently maintain pertinent data on all claims;
6. File required claim information, as appropriate and/or necessary, within required
timeframes;
7. Develop, implement and maintain a claim-specific plan of action, including a meaningful
resolution plan for each claim;
8. Establish, monitor and periodically adjust cl im-specific reserves through the life of each
claim.
Staff surveyed ten Cities in the general region; six of those cities utilized a third-party claims
administrator for its general liability claims administration. The below chart represents the
survey results:
Cities With Third-Par Claims Cities With In-House
Updated: 8/28/2013 by Jolena E.Grider A I Packet Pg. 232
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Administrators Administration
CORONA M RENO VALLEY
FONTANA ONTARIO
RANCHO CUCAMONGA PO ONA
TEMECULA UP AND
RIALTO
HIGHLAND
City Attorney Review:
Supporting Documents:
reso 2664 (PDF)
RFP TPA Liability 9-3-13 (PDF)
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RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE ISSUANCE OF A REQUEST FOR
3 PROPOSAL FOR LIABILITY AND PROPERTY CLAIMS ADMINISTRATION E
SERVICES. o
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5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON E
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: a
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7 SECTION 1. The City Manager and the Director of Administrative Services are a
8 hereby authorized and directed to issue a Request for Proposal for Liability and Property
9 Claims Administration Services. _E
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SECTION 2. The authorization granted hereunder shall expire and be void and of no t
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further effect if the Request for Proposal for Liability and Property Claims Administration
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13 Services is not completed within sixty (60) days following the effective date of the
14 Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF
2 SAN BERNARDINO AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSAL FOR LIABILITY AND PROPERTY CLAIMS ADMINISTRATION
3 SERVICES.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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6 and Common Council of the City of San Bernardino at a meeting a
7 thereof,held on the day of ,2013, by the following vote,to wit: a
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Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ
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11 JENKINS a
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12 VALDIVIA a.
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13 SHORETT
14 KELLEY
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15 L
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17 MCCAMMACK y
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19 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of ,2013. �tD•,
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23 Patrick J. Morris, Mayor
City of San Bernardino
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Approved as to form:
25 JAMES F. PENMAN, r
26 City Attorney a
27 By: -
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San Bernar no
, 2013
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SUBJECT: REQUEST FOR PROPOSALS (RFP) F-14-13 N
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The City of San Bernardino (City) invites proposals from qualified vendors for: i
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Liability and Property Claims Third-Party Administrator a
Parties interested in obtaining a complete coy of this RFP (F-14-13) may do so by
accessing the City of San Bernardino's we site at www.sbcity.org > City Hall >
Finance > Request for Bids, beginning 2013, or by faxing their
request to (909) 384-5043, attention Vanessa Sanchez. Please include the following -j
information in your request: name and address of firm; name, telephone and LL
facsimile number of contact person; specify RFP F-14-13.
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Copies of the RFP may also be obtained by calling Vanessa Sanchez at (909) 384- N
5330 or in person at City Hall, 300 N. "D" St., 4th floor, Purchasing Division, San
Bernardino, CA 92418.
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From the issuance date of this Request for Proposal until a Vendor is selected and
the selection is announced, Proposers are not permitted to communicate with any
City staff or officials regarding this procurement, other than during interviews, N
demonstrations, and/or site visits, except a the direction of Vanessa Sanchez, M
Accounting Assistant the designated represe tative of the City of San Bernardino. A
Contact with anyone not designated will result in elimination from the bid process. C,
Closing Date: Proposals must be submitted t or before 3:00 PM, PST,
2013, at the address listed above. a
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Issuance of this RFP and/or receipt of proposals does not commit the City to award n
a contract.
Sincerely,
David Cain
Director of Administrative Services a
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
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SECTION I.
INSTRUCTIONS TO PROPOSER(S) .�
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RFP F-14-13
Liability and Property Claims
Third-Parry Administrator
City of San Bernardino, Finance Department
Purchasing Division
RFP F-1443
LIABILITY AND PROPERTY CLAIMS THIRD-PARTY ADMINISTRATOR N
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Bid Documents to Be Returned by Bidder ac
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❑ Title Page q-
❑ Cover Letter/ Letter of Introduction
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❑ Project Approach .2
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❑ Project Staffing a
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❑ Vendor Qualifications and Project Exp Tience Statement of Qualifications & Referens (City Form)
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❑ Statement of Past Contract Disqualifications (City Form) J
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Vendor Form LL
[_1 Original Proposal �
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❑ Three (3) copies of Proposal vendor Form y
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❑ Original Firm & Fixed Fee Summary Proposal Price Form/Fee Schedule in a
separate SEALED envelope vendor Form s
❑ Authorized Binding Signature(s)
❑ Proof of Insurance
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F-1 Addendum Received (City Form) Iv Forms a
F-1 Non-Collusion Affidavit (City Form) Iv Forms
F-1 Listing of Proposed Subcontractor (Cit Form) Iv Forms a
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F-1 120 Day Minimum Proposal Validity Statement III Additional Requirements, VI General LL
Specifications#4
F-1 Workers' Compensation Insurance Certificate (city Form) E
❑ Copy of Contractor License or other appropriate Licenses where applicable vl
General Specifications#GG Q
Proposer(s) are requested to submit this checklist completed with all bid documents.
This list maV not be inclusive of all documents needed to submit your RFP.
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
GENERAL INSTRUCTIONS TO PROPOSER(S)
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A. Pre-Proposal Meeting 2
Not Applicable N
B. Examination of Proposal Documents E
1. By submitting a proposal, the proposer represents that it has thoroughly a
examined and become familiar with the items required under this RFP and
that it is capable of quality performance to achieve the City's objectives. a
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2. The City reserves the right to remove from its mailing list for future RFPs, �
for an undetermined period of time, the name of any proposers for failure E
to accept a contract, failure to respond to two (2) consecutive RFPs and/or
unsatisfactory performance. Please note that a "No Proposal" is
considered a response. 0
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C. Addenda a
Any City changes to the requirements will be made by written addendum to
this RFP. Any written addenda iss�ed pertaining to this RFP shall be
incorporated into the terms and conditions of any resulting Purchase Order. s
The City will not be bound to any modifications to or deviations from the
requirements set forth in this RFP as the result of oral instruction. a
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For automatic electronic notifications, please visit our website and sign-up for
"SB Connect". N
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D. Submission of Proposals
1. Date and Time
All proposals are to be submitted to City of San Bernardino, Attention:
Vanessa Sanchez. Proposals received after 3:00 PM PST,
2013, will be rejected by the City as non-responsive. N
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2. Address
Proposals shall be addressed as follows: C6
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City of San Bernardino
Finance Department
300 N. "D" Street, 4th Floora
San Bernardino, CA 92418 ~
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Proposals may be delivered in person to the Finance Department, 4th u
Floor of the above address.
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3. Identification of Proposals w
Proposer(s) shall submit a SEALED proposal package consisting of: a
a. one (1) signed original of proposer's proposal and
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
b. three (3) copies also
c. one (1) original Price Form or :-ee Schedule in a separate SEALED
envelope, identified as "Fee Schedule RFP F-14-13, Liability and
Property Claims Third-Party Administrator"
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The proposal package shall be addressed as shown above, bearing the _
proposer's name and address and clearly marked as follows: E
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RFP F-14-13
Liability and Property C aims Third-Party Administrator a
4. Acceptance of Proposals
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a. The City reserves the right to accept or reject any and all proposals, or
any item or part thereof, or to waive any informalities or irregularities in
proposals. a
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b. The City reserves the right to withdraw this RFP at any time without
prior notice and the City makes no representations that any contract
will be awarded to any proposer(s) responding to this RFP.
c. The City reserves the right to postpone proposal opening for its own
convenience. LL
d. Faxed or emailed proposals will not be accepted. N
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E. Pre-Contractual Expenses °
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Pre-contractual expenses are defined as expenses incurred by the
proposer(s) in:
1. preparing the proposal in response to this RFP;
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2. submitting that proposal tote City; M
3. negotiating with the City any matter related to this proposal; or
4. any other expenses incurred by the proposer(s), if any, prior to date
of award of the contract.
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The City shall not, in any event, be iable for any pre-contractual expenses a
incurred by proposer(s) in the preparation of its proposal. Proposer(s)
shall not include any such expenses as part of its proposal.
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
F. Contract Award
Issuance of this RFP and receipt of proposals does not commit the City to
award a Purchase Order. The City reserves the right to postpone proposal c
opening for its own convenience, to accept or reject any or all proposals
received in response to this RFP, and to negotiate with other than the y
selected proposer(s) should negotiations with the selected proposer(s) be c
terminated. The City also reserves the right to apportion the award E
among two or more proposers. a
A signed Vendor/Consultant Service Agreement (VSA/CSA), along with a °-
pre-performance meeting, outlining additional terms and conditions relating
to performance, warranty, materials, goods, services, or other items as
deemed necessary by the City, may be required prior to the E
commencement of the job. M
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G. Acceptance of Order a
The successful proposer(s) will be required to accept a Purchase Order in 0
accordance with and including as a part thereof the published Request for
Proposals, and the RFP document including all requirements, conditions
and specifications contained therein, with no exceptions other than those Y
specifically listed in the written Purchase Order.
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H. Business License U_
The City's Business Ordinance requires that any business doing business
with the City obtain and maintain a valid City Business Registration N
Certificate during the terms of the Proposer(s) agrees to obtain such certificate prior to undertaking;ontract.
ny work under this contract. °
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I. Local Vendor Preference
The City gives any formal or informal bid submitted by a local proposer a
one percent (1%) credit for goods and materials, where labor and/or lot
installation is incidental; and a fie percent (5%) credit on contractual N
services, for comparison purposes with other proposers, as authorized in M
the San Bernardino Municipal Code Section 3.04.125 and Executive A
Order 2003-1, respectively.
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For the purposes of this section, "local bidders" shall be proposers for
which the point of sale of the goods, materials, or services shall be within
the City limits of San Bernardino. a.
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
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SECTION II. a
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SCOPE OF WORK ~
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
II. SCOPE OF WORK
A. INTRODUCTION
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1. Overview
The City of San Bernardino is soliciting proposals for the Third-Party N
Administration of its Liability and Property Claims Program. _
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2. City Profile
The City of San Bernardino encompasses 59.3 square miles, with a
diverse population of 201,800 residents. The City is located about 60 a
miles east of Los Angeles, 120 mile 3 northeast of metropolitan San Diego,
and 55 miles northwest of Palm Springs. The City was incorporated in
1854 as a general law city and is governed under the Mayor/Council/City E
Manager form of government. It is a full service city, including fire, police,
library, community services (e compassing parks and recreation,
engineering, streets, solid w ste management, fleet, property a
management, and maintenance), water and wastewater utilities, planning, 0-
building, economic development and administrative functions. The City a
employs approximately 900 full-time employees plus approximately 200
part-time employees. w
3. Liability and Property Claims Profile
The City self-administers its Liability and Property Claims Program and is a
self-insured for claims up to $1,000,000. Excess insurance is maintained
for claims exceeding $1,000,000. Expenses are an internal service and y
are financed by services charged to the various City departments and
funds. °
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The City employs a full-time Hu an Resources Division Manager to
supervise the administration of t e program and appropriate staff to
ensure fast and competent coopers ion on all cost-containment matters.
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4. Third-Party Administration Services. M
Of primary importance to the City is a quality third-party administrator to
administer the City's' self-insured program while providing cost savings to
the City.
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The major responsibilities of the v ndor will include, but not be limited to, a
all areas noted in "Section II-C Proposal Specifications" under the a
"Services To Be Provided" of this Request for Proposal. Responsibilities
will include any new or related activities mandated by law or legal
precedent and best practices. E
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
5. Schedule For Award Of Contract
RFP Issued ............................. , 2013 0
Pre-Proposal Meeting ................ ................ N/A
Interviews With Finalist (If needed)............TBD r
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Finalize Contract........................... .......TBD
Award Of Contract.................. ..............TBD
Effective Date Of Contract..... , TBD a
B. PROPOSAL TERMS AND CONDTI NS °-
1. Requirement to Meet All Propos I Provisions
Each proposal shall meet all of the specifications and proposal terms
and conditions. By virtue of th proposal submission, the proposer E
acknowledges agreement with end acceptance of all provisions of the
specifications except as expre sly qualified in the proposal. Non-
substantial deviations may be considered provided that the proposer a
submits a full description and explanation of and justification for the 0 a.
proposed deviations. The City of San Bernardino, in its sole discretion,
will determine whether any proposed deviation is non-substantial. o
2. Submission of One Proposal On R
No individual or business entity of any kind shall be allowed to make or
file or to be interested in more t an one proposal, except an alternative LL
proposal when specifically requested. However, an individual who has
quoted prices on materials to a proposer submitting a proposal is not
thereby disqualified from quoting prices to other proposers submitting
proposals. °
3. Proposal Withdrawal
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A proposer may withdraw its proposal without prejudice prior to the
time specified for the proposal opening by submitting a written request
to the Finance Department, Attention: Vanessa Sanchez, for its N
withdrawal. If this occurs the proposal will be returned to the vendor M
unopened. Proposals received after the time specified or at any place A
other than the place stated in the Request for Proposals will be C�
considered. '
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4. Proposals and Unit Prices Exte sions
The extensions of unit prices fo the quantities indicated and the lump
sum prices quoted by the proposer must be entered in figures in the a
space provided on the Proposal Submission Form(s) or other format
used. The Proposal Submissio Form(s) must be totally completed. If
the unit price and the total aMOL nt stated by any proposer for any item E
are not in agreement, the un t price alone will be considered as
representing the proposer's intention and the total will be corrected to a
conform to the specified unit pri e.
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
5. Proposal Retention and Award
The City reserves the right to retain all proposals. The City also
reserves the right to determine End waive non-substantial irregularities
in any proposal, to reject any o all proposals, to reject one part of a
proposal and accept the other, except to the extent that the proposals L
are qualified by specific limitations, and to award the contract as the _
interests of the City may require.
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6. Labor Actions
In the event that the successful proposer is experiencing a labor action R_
at the time of award of the contract, the City reserves the right to -
declare said proposer is no longer the most qualified proposer and
may accept the next most qualified proposal from a proposer that is E
not experiencing a labor action and declare it to be the most qualified M
proposer. w
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7. Contract Requirement 0
The proposer to whom award is made shall execute a written contract
with the City within ten (10) calendar days after notice of the award has
been sent by mail to the address given in the proposal or within ten w
(10) calendar days after receipt by proposer of oral communication of
the intent to award, whichever occurs first. The contract shall be made
AF in the form adopted by th City and incorporated in these a
specifications. The proposer warrants that proposer possesses, or has
arranged through subcontracts, all capital and other equipment, labor y
and materials to carry out arid complete the work hereunder in N
compliance with all Federal, State, County, City and Special District S
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Laws, Ordinances, and Regulations which are applicable; and further,
proposer shall comply with all Federal, State, County, City and Special
District laws, Ordinances, and Regulations which are applicable.
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8. Failure to Accept Contract N
If, upon notification of intent to award the proposal by the City, the M
proposer fails to enter into the contract within the specified time period, M
the pending award will be annulled. Any security will be forfeited in o�
accordance with these Proposal Terms and Conditions if a bond or
security is required. An award may be made to the next most qualified
proposer who shall fulfill every tEirm and condition of the contract.
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9. Business License ~
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The City's Business Ordinance requires that any business doing
business with the City obtain and maintain a valid City Business
Registration Certificate during the terms of the contract. E
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
10.Firm Fixed Pricing
The City will use the proposed services on an as needed basis during
the entire term of the contract. The proposed pricing for these services c
must be valid for the entire period indicated in the contract terms
unless otherwise conditioned by the proposer in the proposal N
exceptions.
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11.Estimated Quantities a
The quantities indicated in the Proposal Submission Forms are
estimated based on past experience. Actual quantities for each a
services procured during the period of this contract may vary up or E
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down from these estimated amounts as required by the City. ~
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12.Non-Exclusive Contract
The City reserves the right to procure the services listed in the
Proposal Submission Forms, as well as any additional services from a
other vendors during the contract term. 0
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13.Submission of References
Each proposer shall submit a statement of qualifications and w
references on the form provided in the proposal package.
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14.Statement of Contract Disqualification a
Each proposer shall submit a statement regarding any past
governmental agency proposal or contract disqualifications on the form y
provided in the proposal package. y
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15.Insurance d
The proposer shall meet the following provisions (sections "a" through
"g") relating to insurance coverage:
a. General Conditions N
Without limiting the proposer's indemnification of City, proposer M
shall provide and maintain, at its own expense, the insurance listed M
under Section "g" (Evidence of Coverage) covering its operation,
subject to the following conditions:
(1) The City, its Mayor and Common Council, both as a group and J
individually, its officers and employees shall be included as a
additional insured in all liability insurance policies and a
endorsements thereto except for Workers' Compensation and
Professional Errors and Omissions.
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(2) Such insurance shall be primary with respect to any insurance
maintained by the City and shall not call on City's insurance for
contribution. a
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
(3) With respect to the interest of the City, the proposer's insurance
shall not be canceled n r reduced in coverage or limits until
after thirty (30) days' written notice has been sent by Certified
Mail (return receipt requested) to the City of San Bernardino,
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Finance Department, 300 N. D Street, San Bernardino, N
California 92418, ands all contain an unequivocal clause so C
stating. E
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(4) A City-approved endors ment or certified copy of insurance
policy providing coverag shall be submitted to and approved 1-
by the City's Human esources Division Manager prior to
commencement of any w rk or tendency.
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b. Workers' Compensation —°
The proposer shall procure and maintain, during the term of the
contract, workers' compensation insurance or a valid certificate of a
consent to self-insure for all employees engaged in or at the site of 0-
the project. In case any of the work is sublet, the proposer shall
require all subcontractors to similarly provide workers'
compensation insurance for all the latter's employees unless such
employees are covered by protection afforded by workers'
compensation insurance carried by the proposer.
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By submitting a proposal pur uant to these specifications, proposer
hereby certifies that it is awasre of the provisions of Section 3700 et y
seq., of the Labor Code, which require every employer to be !�
insured against liability for w rkers' compensation.
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c. Aggregated Limits/Blanket C verage
If any of the required insurance coverage contains aggregate limits
or applies to other operatio s or tenancy of the proposer outside
these specifications, propos r shall give City prompt, written notice N
of any incident, occurrence, laim, settlement, or judgment against M
that insurance which may diminish the protection that such A
insurance affords the City. Proposer shall further take immediate C6
steps restoring such aggregate limits or shall provide other
insurance protection for such aggregate limits.
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d. Modification of Coverage a
The City reserves the right at any time during the term of any n~.
contract executed with the proposer pursuant to these
specifications (contract) to change the amounts and types of
insurance required hereun er by giving proposer one hundred
twenty (120) days' written notice. If such change should result in a
premium increase in excess of ten percent (10%) to proposer, City w
agrees to negotiate additional compensation proportional to the a
increased benefit to the City.
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
e. Failure to Procure or Maintain Insurance
Proposer's failure to procure or maintain required insurance shall c
constitute a material breach of contract under which the City may W
immediately terminate the contract or, at its discretion, procure or N
renew such insurance to protect the City's interests and pay any n
and all premiums in connection therewith, and recover all monies -Ea
so paid from proposer, or deduct all monies so paid from payments Q
due proposer.
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f. Underlying Insurance
Proposer shall be responsi le for requiring indemnification and ~
insurance from its emplo ees receiving mileage allowance, E
consultants, agents, and subcontractors, if any, to protect the I
proposer's and the City's i terests, and for ensuring that such
persons comply with any ap licable insurance statutes. Proposer is a
encouraged to seek professi nal advice in this regard.
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g. Evidence of Coverage a
Evidence of coverage (as checked below) having as a minimum the
limits shown must be submitted and approved prior to the
commencement of work or any tenancy. Amounts shown are
Combined Single Limits (CSI-). Split limits may be substituted if the LL
total per occurrence equals or exceeds the CSL amount. X
d
Description Limits
0
r
Workers' Compensation Statutory
(x) Employers' Liability $500,000
- Waiver of Subrogation
General Liability $1,000,000 N
(must be written on Occu rence Form) M
(x) Premises and Operati n M
(x) Contractual Liability d)
(x) Independent Contractors w
(x) Products/Completed qperations
(x) Broad Form Property amage
(x) Personal Injury CL
(x) Broad Form Liability Endorsement a
LL
X
Automobile Liability $1,000,000
(must be written on Occurrence Form) E
(x) Owned Automobiles
(x) Non-owned/Hired Automobiles a
(x) Garage keepers' Legal Liability
13
Packet Pg. 248
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
(X) Professional Liability (Errors and Omissions) $500,000
(To be in continuous force from date of contract c
award until one year after final acceptance of the project.) °
R
L
.F.
C. PROPOSAL SPECIFICATIONS
1. Services To Be Provided E
Following is a description of the required, minimum services for the a
Liability and Property Claims Third-Party Administrator Services:
a
General:
s
Administer the City's Self-insurance Retention (SIR) Program and act N
as the City's representative in connection with the investigation, E
adjustment, processing, supervision and resolution of general liability, U
motor vehicle liability, and property damage claims asserted by third
parties against the City, or against parties for whom the City is alleged 0-
to be legally responsible. Provide professional and technical support to a
perform risk management services to include, but not limited to, the
below areas: w
�a
a) General Liability Claims Management _J
L
b) Automobile Liability Claims Management d
°
c) Property Claims Management
°
w
d) Risk Management Control and Safety Programs
a
e) SIR Claims Administration
f) Subrogation Recovery Services N
v
g) Ongoing Risk Management Administrative Support
A
Investigative Services:
Contractor will provide complete investigative services including, but
not limited to: a
a
LL
a) Receipt and examination of all reports of accidents, incidents, or
claims that are or may be the subject of claims.
E
b) Investigate accidents, incidents, or claims where the examination r
warrants such investigation to include on-site investigation, a
photographs, witness interviews, determination of losses and other
such investigative services necessary to determine any City losses,
14
Packet Pg.249
6.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
but not to include extraordinary investigative services outside the
expertise of the vendor.
°
c) Maintain service on a 24-hou , 7-days-per-week basis, to receive
telephone reports of any incic ent or accident which may be the
subject of a liability claim, and provide immediate investigative E
services to the extent necessary to provide a complete a
investigation. R
a
L
d) Undertake items of investigation requiring special handling for the
City at the direction of the City Attorney or authorized E
representative.
U
a
Adjustment Services: Contract:)r will provide complete adjustment a
services on each accident or inc dent which is or may be the subject of °
a
a claim. Such services shall include:
a
w
a) Maintain a claim file on each potential or actual claim reported. =
�a
J
b) Process any such claim or p tential claim for settlement in a
accordance with instructions�and policies of the City.
N
c) Notify the City's primary and xcess carriers of all claims which
exceed or may exceed the C ty's self-insurance retention. °
N
d
7
d) Act as liaison between the in urance carriers and the City on
matters affecting the adjustrr ent of such claims.
N
e) Notify the City when it is entitled to reimbursements for loss in M
excess of retention. A
f) Obtain settlement agreemen s and releases upon settlement of =
claims or potential claims not in litigation. J
a
a
Administrative Services: Contractor will provide the following
a
administrative services:
w
a) Assist in all risk-related training at the request of the City. E
w
b) Assist the City in preparing accident kits for City vehicles. a
15
Packet Pg. 250
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
c) Assign a principle adjuster, satisfactory to the City, to provide
= liaison between the City and he vendor.
c
0
d) Provide tabulated monthly statistical and status reports of all
reported claims. Monthly rep rts shall indicate the status of each
open claim, the outstanding reserves for each claim, and details of
all claim payments during the month. The status report shall be Q
delivered to the City Attorney and the Human Resources Division
Manager within fifteen (15) d ys of the close of each calendar
month.
E
e) Periodically review and adjust reserves on all open claims. �a
f) Assist the City Attorney, as requested. a
0
L
a
g) Prepare monthly claims reviews and status reports for liability
review.
h) Provide loss information for the City's annual excess liability cc
application. LL
d
i) Inform the City of problem ar as or trends, both potential and N
perceived, and provide reco mendations and/or solutions to 0
w
address problem areas or tr nds.
0
Cr
j) Assist in the development of policies and procedures relating to the
Liability and Property Claims Program. Provide copies of file
correspondence and docum ntation as requested. N
M
r
k) As needed, attend meetings, conferences, court appearances, and M
scene investigations at the r�quest of the City. Y
Legal Support Services:
Contractor will provide the following legal support services on each
claim in which a third-party claimant has commenced or threatened to
commence litigation: W
c
d
a) Upon notification by the City Attorney that litigation has been filed
on an open claim, meet with special counsel and provide all
information and files concerning the claim. Q
16
Packet Pg. 251
6.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
b) Assist the City Attorney assigned to litigation of open claims and
provide such investigative se ices as directed during pre-trial and
trial stages. o
w
L
d.
c) Assist in answering any inter ogations or requests for admissions A
filed by third parties. E
a
d) At the request of the City Attorney, attend mandatory settlement
conferences.
L
e) At the request of the City Att rney, appear on behalf of the City in
small claim actions filed agaiOst the City on open claims.
U
A
f) As requested by the City Att rney, discuss and review investigation a
issues, discovery, and case strategy with special counsel. °
Q
g) As requested, review case a aluations, correspondence and status
reports forwarded by special counsel.
J
h) When requested, provide su port to special counsel on each case
to obtain the most economic:1 and best result for the City.
°
2. Proposal Content
The City currently self-administ rs its program; proposers will provide °
third-party administration services in accordance with best practices
consistent with industry standards. Cr
Written proposals are being requested from vendors capable of
to
performing the services required. Specific performance criteria will be N
incorporated into the contract. M
Proposals should detail the services that will be provided to the City.
Additional supporting materia�s may accompany the proposer's
response.
J
The City will require the following information in all proposals
submitted: a
LL
a. Background c
Describe how long your firm has administered liability and property E
claims for self-insured agencies in California. Please indicate the
location of the proposed claims office and if you would be willing to a
assign a dedicated unit to this account.
17
Packet Pg. 252
6.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
Provide a detailed description of the approach and methodology to
be used to accomplish the Scope of Work of this RFP. This should
include: c
2
(1) An implementation plan that describes in detail: N
(i) the methods, including controls by which your firm E
manages projects of the type sought by this RFP; a
t
M
(ii) the methodology f r soliciting and documenting views of n_
internal and external stakeholders; s
(iii) any other project management or implementation E
strategies or techniques that the respondent intends to
employ in carrying out the work.
d
a
(2) Detailed description of efforts your firm will undertake to achieve o
CL
client satisfaction and to satisfy the requirements of the "Scope
of Work" section.
a
(3) Detailed project schedule, identifying all tasks and deliverables
to be performed, durations for each task, and overall time of
completion, including a complete transition plan. Include your U_
plan to deal with flu uation in service needs and any M
associated price adjustor nts. y
0
(4) Detailed description of specific tasks you will require from City w
staff. Explain the respective roles of City staff and your staff to
complete the tasks specified in the Scope of Work.
o:
(5) Proposers are encouraged to provide additional innovative
and/or creative approaches for providing the service that will N
maximize efficient, cost-effective operations or increased M
performance capabilities. In addition, the City will consider A
proposals that offer alternative service delivery means and a)
methods for the services desired. y
b. Transition Plan -'
Describe your transition and implementation plan. Outline how you
will transition claims administration, reporting and processing at no, a
U.
or minimal, cost to the City and ensure continuity of service for
existing and new claims. The plan description should include
discussion regarding the following: E
U
(1) Any previous experience taking over as a new third-party w
administrator;
a
(2) Transition plan timeline;
18
Packet Pg. 253
6.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
(3) Plan for transfer of electronic data;
(4) Plan for physical files, op n and closed;
N
(5) Services of required notices upon transition;
(6) Information you require o the City for transition purposes; a
(7) The method to be use to communicate the status of the a
transition plan to the City.
N
c. Claims Management Informa ion System E
Describe your Claims Mana ement Information System, including
your ability to modify yours stem to customize areas to meet the w
City's need to maintain losc data suitable to respond to multiple a
information requirements. A dress your claims diary system and 0-
supervisory oversight. Please include data integrity and security,
online access, OSHA reporting and online notes capabilities. CU
Provide examples of standard and custom reports provided by your
Claims Management Information System. Please include plans for
providing information on individual cases, as well as a description LL
rf-
of the type and number of st tistical reports provided.
a�
N
Assemble and submit data a required for City reporting. 0
0
For all claims administere by the proposer, the proposer will CD
perform all activities necessary for the City's compliance with the
CD
reporting requirements of Section 111 of the Medicare, Medicaid,
and SCHIP Extension Act of 2007 (MMSEA) (P.L. 110-173) and
any successor reporting requirements for Liability Claims (See 42 N
U.S.C. 1395y(b)(7) & (b)(8)). M
Reports generated by the proposer will be furnished to the City in d)
electronic format (PDF files or an equivalent) or spreadsheet
(preferably Excel) for analy is purposes, depending on the criteria
of request. -'
a
a
Provide, at a minimum, the following report to the City electronically a
on a weekly basis:
(1) Report outlining the statu of all open cases;
(2) Appearance, hearing, trial, and important date calendar; a
(3) Claims in "delay" status or newly accepted or denied claims;
19
Packet Pg. 254
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
(4) Check register, preferably in Excel format;
(5) All open claims by claims type. c
Provide, at a minimum, the following reports to the City on a y
monthly basis:
E
(1) Excess claims reports.
(2) Detailed report of all open claims, listed by department, for
dissemination. `-
(3) Report listing all claims, including name, claim number, location, E
E
description of clairii and amounts paid.
(4) Lag report listing all claims reported in the last month, listed by Q
department, and the date of knowledge and reporting dates. 0-
(5) Administrative report containing number of total claims; number
of closed claims; number of active files assigned to each claims r
examiner; amount paid for each department, investigator and
attorney; cases assigned to counsel, investigators; amounts
recovered in subrogation; number of litigated cases; list of a
cases settled during the month, indicating the amount of the
settlement and method of settlement; penalties paid, indicating N
whether attributable to proposer or City. W
0
r
w
Provide, at a minimum, the following reports to the City on an
annual basis:
(1) Vendor report, in spreadsheet format, listing amounts paid to
each vendor; N
M
(2) 1099 report to each vend r;
(3) Maintain loss data for Ca OSHA 300 annual reporting; _
(4) Medicare Section 111 M ndatory Reporting.
a
a
d. Claims Team a
Provide a list of individuals Who will be working on this project and
indicate the functions that each will perform and the anticipated
hours of service of each i dividual; include a resume for each E
designated individual. Upon award and during the contract period, if
the contractor chooses to assign different personnel to the project, a
the contractor must submit their names and qualifications, including
information listed above, to the City for approval before they begin
work.
20
Packet Pg. 255
6.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
The proposer shall desi nat a principal adjuster to be assigned to
P P 9 p p J 9
this account to act as the I rimary contact for the City. The City o
must approve the principa adjuster and any other personnel
to
assigned to perform servic s for the City (hereafter collectively N
referred to as "assigned p il sonnel"). If for any reason the City
finds, at its sole discretio that the service provided by any
assigned personnel is unsisfactory, the proposer will agree to a
assign replacement personnel that must also be approved by the
ca
City. Adjusters assigned to the account must have a minimum of n.
five (5) years' full-time experience as a general liability adjuster and
a minimum of three (3) years, experience with public agency liability ~
and property claims adjustments. E
U
e. Qualifications
The proposer should describe the qualifications of the firm or entity a
and key staff performing projects within the past five (5) years that 0.
IL
are similar in size and s ope to demonstrate competence to
perform these services. Information shall include: M
w
(1) Names of assigned personnel dedicated to the account and
their specific responsibilities with respect to this scope of work.
Include an organizational chart that reflects the titles of key staff
and management contacts of each individual assigned to
provide services under th s contract.
(2) A summary of your firm's demonstrated capability, including °
length of time that your firm has provided the services being
requested in this Requesi for Proposal.
(3) Provide at least three (3) references that received similar
CD
services from your firm. The City reserves the right to contact N
any of the organizations or individuals listed. Information shall M
include:
M
.�'.
a) Client's Name -
b) Project Description
a
a
c) Project Start and End Dates a
LL
d) Client Project Manager Name, Telephone Number, and E-
mail Address.
U
f. Claims Administration
Describe your firm's claims administration policies and practices a
that ensure superior service to the City while maintaining economic
and administrative control o er claims costs.
21
Packet Pg. 256
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
r firm's criteria for designating(1) Identify you g g a claim.
(2) The City's claims are currently administered using "Best Claim
Practices." Please describe your firm's claims administration N
policies to assure "Best Claim Practices" are applied.
(3) Your firm must have access to the claims index system and
index all new claims filed and re-index existing claims as
needed. Criteria for re-indexing claims should be discussed in °-
the proposal.
(4) All claim denials and legal actions will require prior consultation
and consideration by the City. Please confirm that this is
acceptable in your proposal.
d
a
(5) Describe your firm's policies and practices in establishing and 0
maintaining reserves. M
c
cc
(6) Describe your firm's policies and procedures to ensure timely
review and appropriate payment of invoices.
(7) Describe your firm's policies and practices to control the referral LL
and assignment of outside service providers, such as W
investigators or attorneys. y
U)
(8) Sanctions paid by the third-party administrator, through no fault °
of the City, shall be reimbursed to the City.
s
(9) A written analysis of the case, including settlement options and
recommendations, must be submitted to the City at least ten
(10) working days prior to any settlement offers or conferences. N
Describe the procedure that will be used to request authority M
from the City. A
(10) The proposer will be responsible for identifying subrogation
opportunities and, in consultation with the City, will be called
upon to pursue subrogation. Describe your firm's practice in -�
identifying subrogation opportunities.
a
(11) The City aggressively pursues abuse of the liability claims
system or suspected fraud. Describe your firm's practices and
procedures to protect the City against such abuse.
g. Definitions Q
Define your firm's definitions of a claim, allocated expenses and
unallocated expenses.
22
Packet Pg.257
6.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
D. PROPOSAL EVALUATION & SELECTION CRITERIA c
This section describes the guidelines used for analyzing and evaluating
the various proposals. In an effo to reach a decision concerning the N
best—qualified proposals, it is the C ty's intent to award the contract to the
firm(s) that will provide the best overall service to the City inclusive of fee E
considerations. As in all professional service contracts, the City reserves a
the right to accept other than the to est price offer and reject all proposals
that are not responsive to this request. Proposals will be evaluated by City °
staff, who will determine the firms selected for further consideration, based
s
on an evaluation of the proposals L sing the criteria listed below. The final
recommendation will be reviewed by the Human Resources Division E
Manager and then submitted to the Mayor and Common Council, who will
make the final approval for the award of the Contract. This list serves as a
general guide and may not be all-inclusive. The City reserves the right to a
evaluate all factors it deems appropriate, whether or not such factors have a
been included in this section (also see Section IV, pages 35-37.) .�
c
1. Pro poser's Experience and Qualification r
Experience and knowledge of claims administration of a self-insured
public agency, municipality and/or joint powers authority. The City is
interested in such specialized services through contract as follows: LL
a. Claims Handling
(1) Create and enter new claim files into the computer within 48
hours of receipt of loss notice from the City.
a�
(2) Maintain a hard copy file for each claim.
(3) Review all new claims for liability and provide an assessment of c
liability to the City no laier than 30 days from receipt of loss M
notice from the City. A
(4) Identify and notify possible co-defendants. =
J
(5) Tender claims to other potentially responsible parties. a
a
LL
(6) Process all claims in accordance with the City's instructions and
policies.
a�
E
s
(7) At the direction of the City, contact claimant or his/her attorney
r
within five (5) days of receipt of claim and maintain appropriate a
contact until the claim is closed.
23
Packet Pg. 258
i
I 6.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
(8) Review status of claims nd adequacy of reserves on all active
cases at least every 90 d ys.
0
(9) Provide narrative report to the City when recommending
r
disposition of a claim, when a claim goes to trial, or any other
significant events that have or will occur. Reports must be clear E
and concise and be provided in a format as approved by the a
City.
L
(10) Negotiate settlements within authority limits.
N
(11) Obtain a signed release upon settlement of claims.
U
A
(12) Review vendors for appropriateness of work and cost-
CL
effectiveness. °
a
v
(13) Diary all files at appropriate intervals to allow for timely
completion of required activity. —
�o
J
(14) Files will clearly and concisely document action taken on the
claim. W
°
(15) Telephone calls from ihe City staff, claimants or claimant's o
attorneys shall be returned within 24 hours. If the proposer's N
assigned staff member is not available to return the call within �.
this timeframe, another designated staff member shall return
the call.
N
(16) Have translators available to assist with non-English speaking r
claimants. M
rn
b. Reserves
(1) Maintain an estimate f the total cost of all reasonable,
foreseeable, related expenses on each case.
a
U_
(2) Pay, on behalf of the City and from the City's funds, those sums
that should be reasonabl paid for each reported claim.
E
s
(3) Pay, on behalf of the City and from the City's funds, all allocated
loss adjustment expense 5. a
24
Packet Pg. 259
i
RTP F-14-13
Liability and Property Claims
Third-Party Administrator
(4) Fully cooperate with all audit requests by the City or other
associated agencies.
2
c. Reports
(1) Provide excess insurance reporting in accordance with excess A
carrier standards. E
a
(2) Provide online claims access and report-producing capabilities
to the City. n
L
(3) The proposer must folio the banking requirements of the City, F
such as establishing, maintaining and reconciling an interest—
bearing checking account with appropriate deposit and transfer
procedures for the payment of claims or make other payment
a
arrangements which are acceptable to the City. The proposer _
will maintain check reg sters and provide a monthly check o
register to the City al ng with a copy of all checks and a
vouchers.
a
w
(4) The proposer will accumulate data, prepare and mail 1099
forms for all providers Of services who are paid during the M
calendar year, as require J by the Internal Revenue Code. a
LL
(5) The proposer will prepare statistical information to analyze its
liability claims program for cost containment and actuarial N
purposes. Other custom/non-standard reports may be required o
periodically and may require sorting/collation by any data entry
field.
(6) Year-end loss runs for open and closed claims to include each
past year in consecutivei order. The program should have the
ability to capture this information at any time during the year.
This loss-run must include the claim number, date of loss, date
reported, cause of los$, type of loss, description of loss, A
department and divisio reserved, paid and total amounts
incurred.
J
(7) Provide summaries to in lude individual claims, number of claim a
site visits, and dollar am unts.
a
U_
(8) Expense loss-runs sho Id have the ability to separate legal
w
expenses, investigative expenses, medical expenses, and other
expenses.
U
f3
r+
w
(9) Incurred claims, monthly or quarterly basis, showing new claims a
filed within a specific tiME period.
2s
Packet Pg. 260
6.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
Ar
(10) Open claims as of a specified date.
(11) Monthly Claims Summary with new claims opened and closed. o
2
L
(12) The above—stated los -runs should have the flexibility to •_
include all or part of the required information.
Q
(13) The proposer shall provide, at a minimum, the following
a
statistical reports:
(a) Specified standard r ports must be received within 10 days
after the end of th month/quarter, as mutually agreed
upon by the parties.
a
(b) Monthly reports that indicate the status and detail of every a
open claim assigned to the proposer including, but not
limited to, the rese es assigned for each claim, summary
of each loss by type, department, year, litigation status,
and coded as to cause.
U.
n:
(c) The proposer will enter into its computer any and all files
handled in-house by the City. The City will provide the N
proposer with all information necessary for such input. o
w
r
(d) Special reports to be provided as requested by the City. s
d. Audit
The proposer will cooperate with the City and make available any N
and all claim files and records available for audits. The City will M
have reasonable access to the necessary portions of the A
o�
proposer's facilities, records, and files for review and/or audit
purposes.
J
e. Ancillary Services a.
The City is concerned that ancillary services necessary to LL
effectively administer the case are thorough and fairly priced.
Selection of vendor(s) to perform other frequently-used services will
be based on bid criteria set forth in this RFP. If the proposer
performs any or all of these services, or has affiliated companies w
that perform these services, each ancillary service must be a
individually priced.
26
Packet Pg. 261
RFP F-14-13
Liability and Properly Claims
Third-Party Administrator
(1) Checking Account
The third-party administrator will be required to work with the
City's Treasurer Depa ment for bank reconciliation, and =
provide electronic data to the bank in support of the City's
positive-pay system. T
._
(2) Investigations
a) Investigative activities are an integral part of an aggressive a
claims management program. Addressing red flags in
cases is also important to prevent fraudulent claim activity. a
-c
L_
b) This RFP is seeking interested vendors of investigative ~
services who may be placed on a panel for referral on a E
case-by-case basis.
c) The proposer shall discuss all investigative referrals with a
the City and will get approval to refer to either an a
internal/affiliated investigations or non-affiliated .°
investigations vendor. o
d) Investigative services shall, at a minimum, include the
following:
n:
LL
(i) Take statement of facts from all claimants when not
represented by an attorney or with the attorney's N
permission. Statements will be preserved by recording
or by taking hand-written, signed statements. °
a�
(ii) As warranted, conduct further investigation of a claim
and advise the City when further investigation is W
deemed warrant d. Further investigation may include,
but not be limitec to, on-site investigation, photographs, N
witness intervie s, verification of damage or loss, M
taking measurements, obtaining maps/diagrams from A
the City or other sources, obtaining medical releases, a6
police reports, paramedics reports, or other reports as
may be necessary, obtain in building permits or other
records as required.
a
a
(iii) if claimant is represented by an attorney, direct all a
LL
communication to the claimant's attorney regarding the
investigation, negotiation, and evaluation of any claims
leading to a settlement as may be appropriate. E
U
r
r+
a
27
Packet Pg. 262
6.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
(iv)Report all bodily injury claims to the Index Bureau.
Conduct Index Bureau searches for repeat claimants. C
w
Conduct additional Index Bureau searches at the
request of the City. c
E
(v) Obtain approval from the City before engaging the a
services of an outside vendor for an investigative
assignment.
a
(vi) At the request of the City, investigate inverse
condemnation claims. E
E
M
(vii) Arrange, with prior City approval, for expert services
including but not limited to professional photography, _
independent medical examinations, professional c
engineering services, and laboratory services. n.
c
(3) Litigation
Files should reflect a clear understanding of legal issues.
Legal counsel should be used effectively. Cases should be AR
referred to attorneys listed on the approval panel. No outside a
referrals will be made without the City's approval. Attorneys W
should not perform work the Claims Examiners can perform. If ;
the proposer recommends that a litigated case continue to be
handled by a Claims Examiner without immediate assistance w
of an attorney, prior approval from the City must be obtained.
Claims administration tall is expected to be available for
conferences and trials some depositions and all strategy W
meetings with defense counsel and the City.
�o
(a) Litigation Management services shall, at a minimum,
include the following: M
M
W
(i) As requested by the City, the proposer shall contact r
the City Attorney assigned to handle the case and
provide any and all information concerning the claim
and investigation. a
(ii) Maintain liaison with the City Attorney and any LL
outside defense counsel and provide such
investigation as required during the entire litigation
process, inc uding but not limited to additional
investigation for pre-trial and trial that may be w
requested b either the City Attorney or defense Q
fir A
counsel.
28
Packet Pg. 263
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
AWN (iii) Assist the City Attorney and defense counsel in
preparing and/or answering discovery as requested.
F
(iv) Assist the Cit in Small Claims Court actions filed by
and against he City, including but not limited to, N
obtaining wit ess information, evidence, assistance E
in preparing the case for trial and appearance at the E
trial if deemec necessary by the City. a
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(4) Subrogation
Subrogation must be identified and pursued. This includes s
notice to the insurer and the responsible third party, recovering
costs for which a third party is liable, and coordinating the filing
of actions by the City's defense attorney within the statute of
limitations.
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(5) Excess Insurance °
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The proposer must work with the City's excess insurance
carrier, reporting claims i accordance with policy requirements.
Claims Examiners shout be aware of the SIR level; systems
should exist that identify excess insurance claims. Claims
should be promptly reported. Regular updates should be
provided to the excess insurance carrier, and recovery should LL
be properly documented in the claims files.
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The proposer MUST provide, at a minimum, the following
services regarding excess. insurance reporting: °
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(a) Report to the excess insurance carrier(s) in
accordance with policy provisions. The City will
provide the names and addresses of excess
insurance carriers. Provide the City with written N
notification thall the required notice has been made to M
the excess carrier within ten (10) days of the notice of A
claim.
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(b) Seek reimbursement from the excess insurance
carrier for any losses in excess of the City's SIR.
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
E. STATEMENT OF PROPOSER'S QUALIFICATIONS AND REFERENCES
Third Party Administrator =
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The proposer is required to state the proposer's financial ability and a general N
description of similar work performed. _
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Number of years engaged in providing the work included within the scope of the
specifications under the present business name:
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List and describe fully the last three contracts performed by your firm that
demonstrate your ability to complete the ork included with the scope of the
specifications; attach additional pages if req fired. The City reserves the right to E
contact each of the references listed for addit onal information regarding your firm's
qualifications.
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Reference No.1 °
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Customer Name: -°
Contact individual:
Address: Phone No: w
Contract Amount: Year:
Description of Work Done:
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Reference No.2 °
Customer Name: 3
Contact individual: s
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Contract Amount: Year:
Description of Work Done: N
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Reference No.3
Customer Name:
Contact individual: J
Address: Phone No:
Contract Amount: Year: a
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Description of Work Done:
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Authorized Signature: a
Title:
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Packet Pg. 265
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6.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
F. STATEMENT OF PROPOSER'S PAST CONTRACT DISQUALIFICATIONS
Pursuant to Section 10162 of Public Contract C ode, the proposer shall state whether c
such proposer, any officer of employee of such proposer who has proprietary
interest in such proposer, has ever been disqualified, removed, or otherwise N
prevented from submitting a proposal on, or completing a Federal, State, or local _
government project because of a violation of law or a safety regulation; and if so,
explain the circumstances.
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Do you have any disqualifications, remov�l, etc., as described in the above °-
paragraph to declare? Yes No
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If yes, explain the circumstances. L)
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I declare, under penalty of perjury, that the foregoing is true and correct.
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Signature(s) of Authorized Proposer Signature of Authorized Proposer a
Title Title
31
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
G. WORKERS' COMPENSATION INSURANCE CERTIFICATE
Sections 1860 and 1861 of the California Labor Code require every proposer to 0
whom a public works contract is awarded to sign and file with the awarding body the
following statement: N
1 am aware of the provisions of Se tion 3700 of the Labor Code which E
require every employer to be insured against liability for workers'
compensation or to undertake self insurance in accordance with the t
provisions of that code, and I will pomply with such provisions before a
commencing the performance of the work in this Contract."
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6.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
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SECTION III. 4
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BID CONTENT AND FORMS
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6.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
SUMMARY PROPOSAL
PRICE FORM
Please provide a Firm Fixed Fee. This form is to be submitted in a separate sealed
ca
envelope (see pages 3 & 4.) The undersigne declares that he or she has carefully N
examined the Request for Proposal and is horoughly familiar with the contents _
thereof, is authorized to represent the proposi g firm, and proposes to provide to the E
City of San Bernardino, as described in said equest for Proposal, which is made a Q
part of this proposal, quoted herein in full:
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Provide hourly rates, along with estimated annual pricing in accordance with the
City's current requirements, as set forth in Section II, Scope of Work. Also provide
your firm's proposed staffing plan on a separate sheet of paper. Proposer should E
use a separate form to state pricing for any added value. U
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Pricing shall remain firm for a minimum of t (2) years. Any and all requests for a
pricing adjustments for follow-on contract renewal periods shall be provided no later 0
than 60 days prior to the end of the contract period. Any such proposed price .�
adjustments shall not exceed "The Bureau of abor Statistics Consumer Price Index
(CPI) data for San Bernardino County, C . All items, not seasonally adjusted, w
"annualized change comparing the original p oposal month and the same month in
the subsequent year. (This information may be found on the U.S. Department of
Labor's Bureau of Labor Statistics website, www.bls.gov.) �-
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Employee Hourly Rate Hours Worked Total Cost Overtime Rate y
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Total Estimated Annual Price $
Add any additional cost proposal sheets here. =
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Packet Pg. 269
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
SUMMARY PROPOSAL
PRICE FORM (continued)
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Are there any other additional or incidental co is that will be required by your firm in
order to meet the requirements of the Propo al Specifications? Yes / No N
(circle one). If you answered "Yes," please pro Vide detail of said additional costs:
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Please indicate any elements of the Proposa Specifications that cannot be met by °-
your firm.
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Have you included in your proposal all inform tional items and forms as requested?
Yes / No (circle one). If you answered "No," please explain:
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This offer shall remain firm for 120 days from RFP close date.
Terms and conditions as set forth in this RFP apply to this proposal.
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Cash discount allowable % days; unless otherwise stated, payment W
terms are: Net thirty (30) days. N
In signing this proposal, proposer(s) warrant that all certifications and documents °
requested herein are attached and properly completed and signed.
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From time to time, the City may issue one or more addenda to this RFP. Below,
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please indicate all Addenda to this RFP received by your firm, and the date said
Addenda was/were received. N
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Verification of Addenda Received M
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Addenda No: Received on:
Addenda No: Received on:
Addenda No: Received on: -j
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FIRM NAME:
ADDRESS:
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
SUMMARY PROPOSAL
PRICE FORM (continued)
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IF SUBMITTING A "NO PROPOSAL," PLEASE STATE REASON (S) BELOW:
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ANNUAL PURCHASE ORDER N
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Effective on or about 2013 through June 30, 2014, plus three (3), single-year
renewal options, at the City's discretion for City requirements. o6
Option Year One, if exercised, shall be effective 2013 through June R
30, 2014. J
Option Year Two, if exercised, shall be effective July 1, 2014 through June 30, 2015. 0.
Option Year Three, if exercised, shall be effective July 1, 2015 through June 30, a
2016.
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Actual option year pricing shall be negotiated with the successful proposer(s) prior to E
exercising any given option year. Option years shall become effective only upon
issuance by the City of a duly authorized Purchase Order. Q
36
Packet Pg. 271
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
SUBCONTRACTOR'S LIST c
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As required by California State Law, the General Contractor bidding will hereinafter N
state the subcontractor who will be the subcontractor on the job for each particular
trade or subdivision of the work in an amount in excess of one-half of one percent of
the General Contractor's total bid and will state the firm name and principal location Q
of the mill, shop, or office of each. If a General Contractor fails to specify a
subcontractor, or if he specifies more than one subcontractor for the same portion of a
work to be performed under the contract in excess of one-half of one percent, he E
agrees that he is fully qualified to perform t at portion himself and that he shall
perform that portion himself. E
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DIVISION OF NAME OF FIRM OR LOCATION a
WORK OR CONTRACTOR CITY °
TRADE
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Print Name Signature of Bidder
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REJECTION OF BIDS
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The undersigned agrees that the City of San Bernardino reserves the right to reject a
any or all bids, and reserves the right to waive informalities in a bid or bids not
affected by law, if to do so seems to best serve the public interest.
37
Packet Pg. 272
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
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NON-COLLUSION AFFIDAVIT
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TO: MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO Q
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In accordance with Title 23, United States Code, Section 112, the undersigned a
hereby states, under penalty of perjury: s
That he/she has not, neither directly nor indirectly, entered into any agreement, E
participated in any collusion, or otherwise taken action in restraint of free competitive
proposal in connection with RFP F-14-13.
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Business Name
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Business Address
Signature of Contractor(s) LL
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Place of Residence °
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Subscribed and sworn before me this day of , 20_.
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Notary Public in and for the County of , State of California. N
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My commission expires , 20 M
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Packet Pg:273
6.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
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SECTION IV.
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GENERAL EVALUATION CRITERIA
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IV. GENERAL EVALUATION CRITERIA
A. Evaluation Criteria
1. Capabilities of Firm to Effectively Complete the Project =
Requirements - 35%
Depth of proposer's understanding of, and ability to manage, City's
requirements; ability to meet task deadlines; utility of suggested
enhancements or technical innovations. E
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2. Qualifications of Firm/Related Experience - 45%
Experience in providing services similar to those requested herein; R_
experience working with public agencies; strength and stability of s
the firm; strength, stability, experience and technical competence of
subcontractors; assessment by client references; qualifications of E
project staff; key personnel's level of involvement in performing
related work; logic of project organization; adequacy of labor
commitment. W
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3. Reasonableness of Cost and P ice - 10%
Reasonableness of the i idividual firm-fixed prices and
competitiveness of quoted pri es with other proposals received;
adequacy of the data in support of figures quoted; basis on which
prices are quoted.
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4. Completeness of Response - 5% U_
Completeness of response in accordance with RFP instructions; N
exceptions to or deviations from the RFP requirements which the N
proposer(s) cannot or will not ccommodate; other relevant factors °
not considered elsewhere.
5. Local Vendor Preference - 5%
As approved in Executive Order 2003-01--proposer(s) which
possess a fixed office or distrib ition point with at least one owner or N
employee located within tha City of San Bernardino, and M
possessing all valid and curre t permits, and licenses required to A
transact such business, includi g, but not limited to a City Business d)
Registration Certificate shall re eive a five percent (5%) preference.
[Unless contrary to Federal, Slate or Local Law (such as contracts
for the construction of public works projects), or unless contrary to
the requirements mandated by the funding source for such a
contractual services such as the Federal Government or other ~
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source which requires award to the lowest responsible proposer(s).]
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6.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
B. Evaluation Procedure
All proposals received as specified will be evaluated by City staff in
accordance with the above criteria. Additional sub-criteria beyond c
those listed may be considered by the evaluators in applying the major
criteria to the proposals. During the evaluation period, the City may A
require an on-site visit and/or tour of the proposer(s)'s place of _
business. Proposer(s) should be qiware, however, that award may be E
made without vendor visits, interviews, or further discussions. Q
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C. Award a
Depending on the dollar amounts of the offers received, City staff will E
either select the vendor best meeting the above-specified criteria or
submit to City Council, for consideration and selection, the offer(s) E
judged by staff to be the most competitive.
The City reserves the right to wit draw this RFP at any time without a
prior notice and, furthermore, makes no representations that any a
contract(s) will be awarded to any proposer(s) responding to this RFP. °
The City expressly reserves the right to postpone proposal opening for M
its own convenience, to waive ny informality or irregularity in the Y
proposals received, and to reject ny and all proposals responding to
this RFP without indicating any re sons for such rejection.
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The City also reserves the right to award its total requirement among �
two or more proposers as City I staff may deem to be in its best N
Interests. In addition, negotiationE may or may not be conducted with
proposer(s); therefore, the prop sal submitted should contain the °
proposer's most favorable terms and conditions, since the selection
and award may be made without c iscussion with any proposer(s).
D. Tie Proposals
If the final evaluation scores ( fter applying the local preference N
allowance) result in a tie score, toe recommendation for award will be M
given to the local vendor. A
E. Notification Of Award -
Proposer(s) who submit a propo al in response to this RFP shall be
notified regarding the firm(s) who was awarded the contract. Such
notification shall be made within a reasonable time after the date the a
contract is awarded. a
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
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SECTION V. °-
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GENERAL SPECIFICATIONS
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6.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
IV. GENERAL SPECIFICATIONS
1. Each bid shall be in accordance with Request for Proposal (RFP) Number F-14-13.All o
specifications are minimum. Bidders are expected to meet or exceed these specifications as
written. Bidder shall attach to their bid a complete detailed itemization and explanation for n
each and every deviation or variation from the RFP specifications and requirements.
Conditional bids, or those that take exception to the RFP specifications and requirements, E
may be considered non-responsive and may be rejected. Q
2. The City reserves the right to accept or reject any and all bids and to award a contract to the
bidder whom best meets the City's requirements. This may include waiver of minor
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irregularities or discrepancies, or nonconformity to specifications in appropriate -a
circumstances. Purchase shall be on a best buy basis after due consideration of all relevant
factors, including but not limited to,workmanship, accessibility of parts and service, known
evidence of manufacturer's responsibility and record, durability and known operational record
E
of product and suitability as well as conformity to City needs and requirements. In all cases �s
the best interest of the City shall prevail in all contract awards. t3
3. The City of San Bernardino reserves the right to purchase more or less than the quantities
specified at unit prices bid. Q.
4. Bids shall be firm offers, subject to acceptance or rejection within 120 days of the opening o
thereof. a
5. Regular dealer. No bidder shall be acceptable who is not a reputable manufacturer or dealer
of such items as submitted for bid consideration. 1°
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6. All materials, workmanship and finish entering into the construction of the equipment must be
of the best of these respective kinds and must conform to the character of the equipment and
the service for which it is intended to be used and shall be produced by use of the current
_ manufacturing processes. "Seconds", factory rejects, and substandard goods are not n;
acceptable. W
7. Each bidder shall submit with their bid a copy of the proposed product specifications, m
complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe y
the equipment, materials and parts offered. U)
8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any
and all claims made against the City of San Bernardino, or any of its officials or agents for the
use of any patented process, device or article forming a part of equipment or any item a
furnished under the contract.
9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in
number of calendar days from the date of contract execution by the City of San Bernardino,
time is of the essence relative to this contract. Contractor shall prosecute the work N
continuously and diligently and shall deliver the items at the earliest possible date following
M
the award of the contract.
10. Each bidder shall list in their bid all factory, manufacturer's and/or dealer's warranty and/or �?
guarantee coverage and shall submit such written documents evidencing the same attached
to the bid.
11. Successful bidder(s)(Contractor)shall furnish and deliver to the City complete equipment as
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bid and awarded, ready for installation and fully equipped as detailed in these specifications.
12. Price shall be quoted F.O.B. San Bernardino(all transportation charges shall be fully a
prepaid), and shall include all discounts. Bid shall include California sales tax, where E—
applicable, (effective April 1, 2009) computed at the rate of 9%, (this will normally be shown 0.
as a separate line item on the price form).
13. City shall make payment within thirty(30)days after the complete delivery and acceptance of
the specified items by the City of San Bernardino and receipt of the Contractor's priced
invoice. t
14. All "standard equipment" is included in any bid. Bidders furnishing bids under these
specifications shall supply all items advertised as "standard" equipment even if such items Q
are not stipulated in the specifications, unless otherwise clearly accepted in the bid.
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
15. The items which the bidder proposes to furnish the City must comply in all respects with the
appropriate safety regulations of all regulatory commissions of the Federal Government and
the State of California, whether such safety features and/or items have been specifically
outlined in these specifications or not. o
16. Contractor delivering equipment pursuant to these RFP specifications shall guarantee that a
equipment meets specifications as set forth herein. If it is found that equipment delivered N
does not meet requirements of these specifications the Contractor shall be required to correct c
the same at their own expense.
17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within Q
the time or times set forth pursuant to this specification, damage will be sustained by the City,
and that it is, and will be impractical and extremely difficult to, ascertain the actual damage a
which the City will sustain in the event of and by reason of such delay.
18. In case the delivery of the items under this contract is delayed due to strikes, injunctions,
government controls, or by reason of any cause or circumstance beyond the control of the
Contractor, the time for delivery may be extended (in the City's sole discretion) by a number w
of days to be determined in each instance by mutual written agreement between the
Contractor and the Purchasing Manager of the City of San Bernardino. The City shall not v
unreasonably refuse such extension.
19. Contract. Each bid shall be submitted and received with the understanding that acceptance a
by the City of San Bernardino of bid in response to this solicitation shall constitute a contract o
between the Contractor and the City. This shall bind the Contractor to furnish and deliver at a.
the price bid and in complete accordance with all provisions of RFP No. F-14-13. In most =
cases the basis of award will be the City's standard purchase order that may or may not
incorporate this solicitation by reference. w
20. Prohibited interest. No member, officer, or employee of the City or of any agency of the City 0
during his tenure or for one year thereafter shall have any interest, direct or indirect in this
contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to a
their knowledge no board member, officer or employee of the City has any interest,whether LL
contractual, non-contractual, financial or otherwise, in this transaction, or in the business of
the contracting party other than the City, and that if any such interest comes to the knowledge =
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of either party at any time, a full and complete disclosure of all such information will be made !�
in writing to the other party or parties, even if such interest would not be considered a conflict C
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of interest under Article 4(commencing with Section 1090)or Article 4.6(commencing with
Section 1120)of Division 4 of Title I of the Government Code of the State of California.
3
21. One Document. These specifications, the notice inviting bids, RFP F-14-13, the Contractor's
bid, any written agreement executed by the parties, the purchase order and all documents
referred to in the complete specifications and purchase order, and all written modifications of
said documents shall be construed together as one document. Anything called for in any one N
of said documents shall be deemed to be required equally as if called for in all. Anything --
necessary to complete the work properly shall be performed by the contractor, whether
specifically set out in the contract or not.All sections of the specifications shall be read as c�
constituting a whole and not as an aggregation of individual parts, and whatever is specified
in one section shall be construed as applying to all sections.
22. The City of San Bernardino reserves the right to accept or reject any and all bids.
23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment 2a
discount to be taken by the City in the event the City makes payment to the Contractor within Q
ten (10)working days of receipt of material and approval of invoice. For the purpose of this a
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provision, payment is deemed to be made on the date of mailing of the City check. NOTE: a
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prompt payment discounts will only be used during bid evaluation in the case of ties.
24. Inquiries. Direct all inquiries to Vanessa Sanchez at 909-384-5330. Technical questions may
be sent via fax to 909-384-5043. The answers to material questions will be provided to all
potential bidders. E
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RFP F-14-13
Liability and Property Claims
Third-Party Administrator
25. Bid/Price forms. No bid will be acceptable unless prices are submitted on the pricing forms
furnished herein, and all required forms are completed and included with bid. Deliver all bids,
SIGNED and SEALED, to the Purchasing Division, Finance Department at 300 North "D"
Street, 41h Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFP 0
0
SPECIFICATION TITLE: LIABILITY CLAIMS—THIRD PARTY ADMINISTRATOR and R
Number F-14-13 ON THE OUTSIDE OF THE ENVELOPE. N
26. Time. All bids must be received in the Purchasin Division no later than 3:00 PM, PST, r-
2013, where at such time and said place bids will be publicly opened, examined E
and declared. Any bid may be withdrawn by bidd r prior to the above scheduled time for the Q
opening of bids. Any bid received after that time and date specified shall NOT be considered. �+
27. The City of San Bernardino reserves the right at its own discretion to award separate
contracts for each category, or to award multiple contracts, or to award one contract for
furnishing and delivering of all equipment and/or services in all categories. =
28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one(1) Fes.
OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment bid.
29. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is R
accepted, it will assign to the purchasing body all Fights, title, and interest in and to all causes v
of action it may have under Section 4 of the Claytbn Act(U.S.C. Sec 15)or under the
Cartwright Act(Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the a
Business and Professions Code), arising from purchases of goods, materials, or services by o
the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be o.
made and become effective at the time the purch sing body tenders final payment to the =
bidder.
30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless
from any claim, demand, liability, suit,judgment o�expense(including, without limitation,
reasonable costs of defense) arising out of or related to Contractor's performance of this
agreement, except that such duty to indemnify, defend and hold harmless shall not apply o.
where injury to person or property is caused by City's willful misconduct or sole negligence. U.
The costs, salary and expenses of the City Attorn y and members of his office in enforcing d
this Agreement on behalf of the City shall be considered as "attorney's fees"for the purposes y
of this paragraph. a
31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor o
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shall maintain in effect policies of comprehensive public general and automobile liability n
insurance in the amount of$1,000,000 combined single limit and statutory worker's
compensation coverage, and shall file copies of said policies with the City's Risk Manager a
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prior to undertaking any work under this Agreement. The policies shall name the City as an
additional insured and shall provide for ten (10)day notification to the City if said policies are
terminated or materially altered.
32 �nITHFl II DCRFORINAANICE BOND/BID BOND
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0 0 ef the bid PFiGe tG iRsyre '
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2400, and the Gerperatien issu 0 R9 said bond shal have a rating On BeSt'S rn()St FeGGRt
RSUFaRGe Q1
'de of"A" r bettor.
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33. Written contract documents, duly authorized and signed by the appropriate authority, Q
constitute the complete and entire agreement(s) hat may result from the RFP. H
34. City may, at its discretion, exercise option year r newals for up to three (3) years, in one- a
year increments. W
35. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by
law, statute, code or ordinance in performing under the scope and specifications of this RFP m
are currently held by bidder, and are valid and in full force and effect. Copies or legitimate E
proof of such licensure and/or certification shall be included in bidder's response. Bids
lacking copies and/or proof of said licenses and/or certifications may be deemed non- Q
responsive and may be rejected.
46
Packet Pg. 281
fi.C.b
RFP F-14-13
Liability and Property Claims
Third-Party Administrator
36. Once the award has been made and prior to the commencement of the job, the City's
Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain
and maintain a valid City Business Registration Certificate during the term of the Agreement.
37. Vendor(Contractor)/Consultant services agreement(s)(VSA/CSA). A signed o
vendor/Consultant service agreement may be required between both parties prior to
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commencement of the job. n
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Packet Pg.282