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Home My WebLink AboutES11-098 - Amendment - Carl Warren & Company - Claims Consultant Services - 01/01/2020 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Asst: • For Approvals,Signatures and Records Management Dir/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. Originator: Department: Ellaine Wi for Chris Hills Human Resources Date Sent: Date Required: c 06/18/2024 N/A CL Director or Designee to Sign. Date of Council Approval: Q N/A Budget Account Number: Grant?[:]YesZNo 56701450.1750.64190 Budget?R]Yes:No Type: N/A Vendor Name: Category: Carl Warren & Company Contract Vendor Number: Sub-Category: _ #326769 Amendment 0 Project Name: E �° ProjectDetails:Third Party Administrator (TPA) for General Liability Claims _ a) E4) Agreement Amount: $291 474 Basis for Selection of Contractor: Direct Negotiation `Memo to Mayor must be attached 3- Start Date: 12/17/2010 Termination Date: 12/31/2025 Q Local Business?F--]YesF--]No* If meets req uiremen ts per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: F1Yes�✓ No ES11-098 Comments: a1 _ 3 4) H •� i N 3 f0 _ V1 Date Routed to the City Clerk's Office: 6/18/24 Interlocal Agreement has been uploaded to website: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 'dO " CARL WARREN d COMPANY Claims Management and Solutions AMENDMENT NO. 1 AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT ("Amendment'D by and between the CITY OF KENT A Washington municipal corporation (hereinafter the "Clty'D, and CARL WARREN & COMPANY, organized under the laws of the State of California, ("Contractor") is effective as of the lst day of January 2020. RECITALS A. City and Contractor entered into that certain Agreement for Contractual Services dated January 1, 2014 ("Agreement") whereby Contractor agreed to provide third-party claims administration services for a 2-year term with 3-1-year options ending on December 31, 2019, and for an initial Contract Sum of $266,628, B. City and Contractor now desire to amend the Agreement to extend the term for three years with 1-3-year option to end on December 31, 2025, and to increase the Contract Sum to $291,474. TERMS I. Contract Changes. The Agreement Is amended as provided herein. (a) Section 2,1, Contract Sum, is hereby amended to read as follows; "For the services rendered pursuant to this Agreement, the Contractor shall be compensated In accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and Incorporated amount of Two Hundred and Ninety-One thousand Four Hundred and Seventy-Four Dollars ($291,474) (herein "Contract Sum"), The method of compensation will be quarterly in advance. The fixed annual fee will cover the first 114 claims received within that contract year. Claims received in excess of 114 claims in any contract year will be billed at a flat rate of $850 per suffix for Bodily Injury and $450 per suffix for Property Damage. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified PO Box 25180, Santa Ana, CA 92799 Direct: 657-622-4200 1 Fax: 866-254-4423 1 www.carlwarren.com CA License ti 2607296 in the Schedule of Compensation. The Contract Sum shall include FOUR quarterly claims reviews per year and a stewardship report annually, (b) Section 3.4, Term & Extended Term(s), is hereby replaced in its entirety with the following: "Unless earlier terminated in accordance with terms of the original Agreement, this Agreement shall continue in full force and effect from and after January 1, 2020 and end at the close of business on December 31, 2025." (c) A new row Is hereby added to the chart In the Section B-1 of Exhibit C, Schedule of Compensation, which shall read as follows: CLAIMS ADMINISTRATION OPTION OPTION SERVICES YEAR I YEAR 2 YEAR 3 YEAR I YEAR 2 Fixed Annual Rate $55,788 $57,015 $58.269 1 $59,550 $60,852 Incident Report/Record Only Included Included Included Included Included Telephone Included Included Included Included Included Copy Work Included Included Included Included Included Steno ra hs Included Included Included Included Included Postage Included Included Included Included Included Office Expense Included Included Included Included Included Claims Set-Up Fee Included Included Included Included Included Data Processing Included Included Included Included Included Index Bureau(ISO Claims Search Included Included Included Included Included and OFAC MMSEA Filing Fee Olability clolms) Included Included Included Included Included Miscellaneous/Allocated Loss Adjustment Expenses(I.e. police reports, medical At Cost At Cost At Cost At Cost At Cost records, etc. Adjuster Services $90 $92 $92 $94 $94 per hour perhour I perhour perhour perhour Mileage IRS Rate IRS Rate IRS Rate IRS Rate IRS Rate Photographs Included Included Included Included Included Duplicate Photographs Included Included Included Included Included 21%of 21%of 21%of 21%of 21%of Subrogation net net net net net recovery recovery recovery recovery recovery Outside Investigations At Cost At Cost At Cost At Cost At Cost Appraisals At Cost At Cost At Cost At Cost At Cost Surveillance/Fraud Unit At Cost At Cost At Cost At Cost At Cost • Data Management • Account Management Included Included Included Included Included • Annual Stewardship • Quarterly Claims Review �JJJ •, • RMIS Training/Technical Support • Data Converslon(s) • 3 Users RMIS Access • Standard Monthly Loss Runs Included Included Included Included Included • Report Programming • Carrier TPA Oversight (Data Extract. Feeds, Audits Compliance&Re ortin Exit IT Services $250 $250 $250 $250 $250 per hour per hour per hour perhour per hour Trust Account Maintenance Included Included Included Included Included Check Issuance&Reconciliations Included Included Included Included Included 1099 Reporting,Including IRS File Included Included Included Included Included "Contractor will submit invoices to CITY for approval and payment on a Quarterly basis in the amount of 114 of the Fixed Annual Compensation. II. Continuing Effect of Agreement. Except as amended by this Agreement, all prevision of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement. III. Affirmation of Agreement; Warrant Re Absence of Defaults. City and Contractor each ratify and reaffirm each one of the respective rights and obligations arising under the original Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligations. Contractor represents and warrants to the City that, as of the date of this Amendment, City Is not In default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Contractor that, as of the date of this Amendment, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. IV. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and Independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. V. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (li) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering Into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first-above written. (CONTRACTOR) (CITY) CARL WARREN & COMPANY CITY OF KENT, WASHINGTON Company Name City Name Signature Signature Richard McAbee r',Ao i AA�( I Print Name Print Name Chief Marketing Officer l l Is�Ag, Title Title 4(:kit I t i %�eku"ug I + _ �� Date Dat—e �3 ANY ALTERATIONS TO THIS CONTRACT WILL RENDER THE CONTRACT NULL AND VOID. THE PRICING QUOTED IN THIS CONTRACT WILL REMAIN EFFECTIVE FOR THIRTY (30) DAYS FROM THE INCEPTION DATE LISTED ON THIS CONTRACT AFTER WHICH TIME THE CONTRACT WILL BE RECINDED.