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HomeMy Public PortalAboutCARL WARREN AND COMPANY AGRUMT FOR ADMINISTERING A PROGCITY OF CARSON CONTRACT SERVICES AGREEMENT FOR ADMINISTERING A PROGRAM OF SELF-INSURANCE This CONTRACT SERVICES AGREEMENT ("Agreement") is made and entered into this 7 1h day of August, 2007, by and between the CITY OF CARSON, a municipal corporation, ("City") and Carl Warren and Company ("Consultant"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A " and incorporated herein by reference. Consultant warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of Sixty Thousand Dollars ($60,000) ("Contract Sum"). 2.2 Method of Pqymen . Provided that Consultant is not in default under the terms of this Agreement, Consultant shall be paid on a monthly basis, except as specified otherwise on the Schedule of Compensation. 2.3 Availability of Funds. This Agreement is valid and enforceable only if sufficient funds are made available by the City Council of the City for the purposes of this Agreement. The availability of funding is affected by matters outside the City's control, including other governmental entities. Accordingly, the City has the option to void the whole Agreement or to amend the Agreement to reflect unanticipated reduction in funding, for any reason. 45132 3.0 COORDINATION OF WORK 3.1 Representative of Consultant. Michael Reed is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 C6 ntract Officer. Terry Williams, Risk Management Analyst, is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Consultant. 3.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perforin the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 INSURANCE AND INDEMNIFICATION 4.1 Insurance. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less $ 1,000,000.00 per occurrence. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Consultant and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. 2 (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less $1,000,000.00 per occurrence. Said policy shall include coverage for owned, non -owned, leased and hired cars. (d) Professional Liabilily Insurance. A policy of professional liability insurance in an amount not less than $ 1,000,000. 00 per claim with respect to loss arising from the actions of Consultant performing professional services hereunder on behalf of the City. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMEb HEREIN. [to be initialed] "Agent InTiTa �s' The Consultant agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. 4.2 Indemnification. Consultant agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including paying any legal costs, attorneys fees, or paying any judgment (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the 3 work or services of Consultant, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Consultant hereunder, or arising from Consultant's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities to the extent caused by the negligence or willful misconduct of the City. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall be effective July 1, 2007, and shall continue in full force and effect until June 30, 2008. City shall have the right, in its sole discretion, to extend the term of the Agreement for up to two (2) additional one (1) year terms (each of which shall be a "Renewal Term") on the same terms and conditions of this Agreement. City must evidence its option to extend the original term or any Renewal Tenn, as the case may be, by providing written notice to Consultant at some point within thirty (30) days prior to the expiration of the original term or any Renewal Term. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Consultant shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Consultant shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Aaainst Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liabilily of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or 51 indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. When requested by the Contract Officer, prior to the City's execution of this Agreement, Consultant shall provide the City with an executed statement of economic interest. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF CARSON, 701 E. Carson Street, Carson, California 90745-2224, and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement s upersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) 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 have executed and entered into this Agreement as of the date first written above. CITY: CITY OF CARSON, a municipal corporation _Jt.v-, D Mayor Jim Dear ATTEST: City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP -N. ­ _7___ mey City Atto Vk CONSULTANT: CARL WARREN AND COMPANY By: z Name: Tom Boylanj Tit : Chief FinancAl Officer By: z�l Name: Micliael Reed Title: Corporate Secretary Address: P.O. Box 25161 Santa Ana, CA 92799-5161 [END OF SIGNATURES] EXHIBIT "A" SCOPE OF SERVICES 1. GENERAL. Consultant shall: A. Supervise and administer the Self -Insurance Liability Program for City; and B. Represent City in all matters related to the investigation, adjustment, processing, supervision and resolution of claims for money damages asserted by third parties against City; and C. Provide to City during the term of this Agreement all the services more particularly set forth hereinafter. 2. INVESTIGATIVE SERVICES. A. Consultant shall provide complete investigative services including, but not limited to: (1) Receipt of, and examination of all reports of accidents, incidents, claims or causes which are or may be the subject of such liability claims. (2) The investigation of such accidents, incidents, claims or cases where examination warrants such investigation, or when requested by City; such investigation to include on-site investigation, photographs, interviewing witnesses, determination of losses, and other investigative services necessary to determine liability and losses, but not to include extraordinary professional services as set forth in Paragraph 2-B herein. B. Allocated Expenses: All reasonable and supportive extraordinary services requiring expert or professional assistance, such as professional photography, independent medical examination, professional engineering services, and laboratory services. 3. CLAIMS ADJUSTMENT SERVICES. Consultant shall provide complete claims adjustment services on each accident or incident which is, or maybe, the subject of a liability claim against City. Such services shall include, but are not limited to: A. The maintenance of a claim file on each potential or actual claim reported to Consultant. B. Whenever its investigation results in a determination that City has sustained a liability to a third party, Consultant shall process any such claim or potential claim for settlement in accordance with City's instructions for settlement of such claims. C. Notification of City's primary and excess carriers of all claims which exceed the City's self-insurance limit. Retention and maintenance of liaison between the insurance carriers and the City on matters affecting the adjustment of such claim. 1 D. Obtain all Release Agreements on settlement of any claim or potential claim. 4. ADMINISTRATIVE SERVICES. Consultant shall provide at least the following administrative services. A. Assigm-nent of a City Account Adjuster to City to act as a liaison between City and Consultant. B. Provide City with tabulated Monthly Status Reports on all reported claims during the term of this Agreement, indicating the status of each reported open claim assigned to Consultant, the details of each such claim and details of all claim payments during the month. This service is also available on-line at no charge to City. Each printed Monthly Status Report shall be delivered to City within twenty (20) days of the close of each calendar month. C. Periodically review and adjustment of reserves on all open claims. 5. LEGAL SUPPORT SERVICES. Consultant shall provide at least the following legal support services on each claim wherein the claimant has commenced litigation. A. Upon notification by City that litigation has been filed on an open claim, Consultant shall contact City's trial attorney assigned to handle the case by City and provide such trial attorney with all information and files concerning the claim. B. Maintain liaison with City's trial attorney and provide such investigation services as are required by such attorney during pre-trial and trial stages. C. Assist City's trial attorney in answering and responding to interrogatories and other written discovery propounded by the claimant. D. Assist City's personnel in small claims actions filed against City on o I pen claims handled by Consultant by providing City with: (1) names of any witnesses to be subpoenaed, (2) necessary evidence, and (3) assistance at the trial, including appearance as a witness, if necessary. 6. CITY'S RESPONSIBILITIES. City sh I all provide Consultant with copies of all relevant documents upon request from Consultant and without charge, and shall make available any City employee for interviews by Consultant at reasonable times concerning any investigation of a claim or incident pursuant to this Agreement. 7. CONFLICT OF INTEREST. In the event a claim or incident is reported to Consultant by City and it is determined that the actual or potential claimants therein are also clients of Consultant, then Consultant shall immediately notify City of such potential conflict of interest. If City elects to have an independent investigator and adjuster, Consultant shall provide such an investigator and adjuster. 8. DISPOSITION OF FILES ON TERMINATION OF AGREEMENT A. All files on each claim shall be the property of City. EXHIBIT "A" B. In the event of expiration of the Agreement, and non -renewal thereof, Consultant shall bill City, subject to the rates listed on Exhibit "B, " for work completed by Consultant on each claim, and also promptly forward all completed and pending claim files to City. C. In the event of cancellation of the Agreement by City, Consultant shall return all files to City, unless City requests Consultant to continue to process any files, in which event Consultant shall continue to process such files on a time -and -expense basis as are provided in Consultant's Rate Manual at the time such services are rendered. EXHIBIT "A" EXHIBIT "B" SCHEDULE OF COMPENSATION CONSIDERATION A. City hereby agrees to pay to Consultant and Consultant hereby agrees to accept in full satisfaction for its services provided hereunder, compensation in the following amounts: (1) Consultant shall be compensated in the amount of $225.00 per month for its claims supervision, and other necessary administrative duties and the computerized Monthly Status Reports. (2) Consultant shall be compensated for its claims handling services, other than those in subsection (1) above, at the rate of $52.00 per hour the first year, $53.00 per hour the second year and $54.00 per hour the third year. In addition, Consultant shall be reimbursed for its expenses, excluding expenses incurred in the performance of sub- section (1) above, and including mileage g.49 per mile, $2.25 per print for color photographs, typing at $4.50 per page, photocopy expen . ses at $0.25 per page, telephone expenses at eight (8) percent of Consultant's services, and office expense calculated at $2 1.00 for file make-up. (3) Consultant shall be reimbursed for any Allocated Expenses (defined in Exhibit "All Section 2-13) which are advanced by Consultant. Consultant shall only order such services after obtaining prior written authorization from City, except that such authorization may be given orally by City's City Manager or Risk Manager if the services are urgently required. TIME OF PAYMENT. Upon execution of this Agreement by both parties, City shall remit to Consultant the sum of $675-00 as payment for the first three (3) months of Consultant's services hereunder, and will remit a payment of $675.00 for each following three (3) months'period by the first day of each such period. If requested by City, Consultant will interim bill all charges incurred at the end of each quarter. City of Carson Report to Mayor and City Council August 7, 2007 New Business Consent SUBJECT: AGREEMENT TO PROVIDE LIABILITY CLAIM ADMINISTRATION SERVICES FOR FISCAL YEAR 2007/08 WITH A TWO TO THREE YEAR RENEWAL OPTION � C__.4 -41 Submitted by Jerome G. Groomes Approved*4aruwreG. Groomes City Manager City Manager 1. SUNUqARY Presented for Council's consideration is the renewal of general liability claim administration services for FY2007/08. Carson has contracted for liability claim administration services since its incorporation in 1968. This service will assist staff in addressing the numerous claims from the general public, as well as citizens. II. RECONEN4ENDATION TAKE the following actions: 1. APPROVE an agreement between the -city of Carson and Carl Warren and Company for liability third party administration services in an amount not to exceed $60,000.00 for FY 2007/08 and a two to three year renewal option. 2. AUTHORIZE the Mayor to execute the agreement after approval as to form by the City Attorney. III. ALTERNATIVES The City Council may take another action deemed appropriate. IV. BACKGROUND The city received eight (8) competitive bids for its liability administration program from Claims Management Associates, Tristar Risk Management, Engle Martin, Corvel, NovaPro Risk Solutions, AdminSure, Carl Warren and Company and Gregory Bragg & Associates. After bids were reviewed and bidders interviewed, it is staff's recommendation to award the bid to Carl Warren and Company, the incumbent company. Also, after careful analysis of competing services, it was determine by staff that changing vendors at this time would not be cost effective, plus the interruption in services would create undue hardship, especially when the current service provider is performing at a high rate of effectiveness. Since 1978, Carl Warren and Company (CW) has provided competent adjusting services to the city's liability claim program. Carl Warren & Company has been i City of Carson Report to Mayor and City Council August 7, 2007 in business in and around Los Angeles County since 1944. CW administers liability claims services to many private entities and a large number of public entities, including cities, school districts, counties, risk -sharing pools (California Joint Powers Insurance Authority) and special districts. CW has approximately 200 employees and 21 service offices located across the United States and the city has experienced an effective working relationship with CW. Also, the $1,000.00 administrative fee is waived and the adjuster is very familiar with and has an excellent working relationship with the city's tort claim liability attorney and city staff. Adjuster is a certified auto appraiser, and is very familiar with all city streets, has detailed knowledge of the city's maintenance and tree trimming zones, and provides excellent customer relations with citizens. V. FISCAL IMPACT Funding for the Liability Third Party Administration is included in the proposed FY 2007/08 budget in account number 01-50-560-003-6004. V1. EXHIBITS 1. Service Agreement, (pgs. 1-51) 2. Insurance Coverages, (pgs. 52-62) 3. Congressional Recognition, (pg. 63) DocumenG Prepared by: sf.RevO61902 Reviewed bv: City Clerk City Treasurer Administrative Services Development Services Economic Development Services Public Services City of Carson Report to Mayor and City Council August 7, 2007 Date Action taken by City Council Action rz// BY HAND DELIVERY Mr. Terry L. Williams Risk Manager Analyst City of Carson 701 East Carson Street Carson, CA 90749 Re: RFP — Claims Administration Services Dear Mr. Williams: June 6, 2007 On behalf of Michael Reed, the Client Relationship Manager for the City of Carson, and the other employee -owners who have dutifully worked on your account since 1978, 1 wish to extend our thanks to you for including us in the RFP process. We believe that we have enjoyed a mutually beneficial working relationship with the team at the City of Carson and hope to continue that rapport for years to come. In this business it is so important to have a good understanding of the claims philosophy of our customers, which is why so many of our customers have been with Carl Warren & Company for over 15 years. Delivering to you consistent, responsive, cost-effective, professional service is something in which we take a great deal of pride. If you have any questions about the materials contained herein, don't hesitate to call Michael Reed directly, or any member of our team. Very truly yours, Caryn B. Siebert, JI) President cc: Michael Reed, Client Relationship Manager Larry Hunt, Executive Vice President and Board of Directors Member Kevin Sovereign, AVP and Service Leader CARL WARREN & CO. An Empfoyee-OwnedCompany CLAIMS MANAGEMENT - CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870-6832 Mail: P.O. Box 25180, Santa Ana, CA 92799-5180 CT$_on_e_: _(7TTY5 �-� (800)572-6900 - Fax: (714)961-8131 EXHIBIT NO.1 CARL WARREN & COMPANY BACKGROUND In 2004,. we celebrated the 60th Anniversary of the founding of Carl Warren & Company. (what a scene photo would have looked like in the 1940s.) Our firm was established in 1944 by Carl Warren. Mr. Warren had been the Los Angeles Area Claims Manager for Gulf Insurance Company. For the next twenty-one years, Mr. Warren worked hard to establish the firm's reputation for excellence in claims handling. He retired in 1965 and sold his interest in the company. Carl Warren & Company became a California Corporation in 1974. An employee stock - ownership plan (ESOP) was implemented at that time and the firm is now 100% employee owned. Our organization now has approximately 200 employees and 21 service offices located across the United States. Carl Warren & Company administers liability claims services to many private entities, and a large number of public entities, including cities, school districts, counties, risk -sharing pools and special districts. Following the arrival of a new CEO in February of 2004, Carl Warren & Company instituted a dynamic corporate re -structuring that has resulted in a renewed vigor and a sharp focus on quality and customer service. We have enumerated the core values that guide our conduct. We are convinced that these factors will positively impact the working relationship between The City of Carson and Carl Warren & Company and that our partnership will continue well into the future. Carl Warren & Company Value Statement Customer Satisfaction: * Customer service is our business. • We see ourselves as the "gold standard" of customer service. We will do whatever it takes to understand and exceed customer expectations. • We will provide professional service and advice on time and at a competitive price. Integrity and Communication: • We will always be honest, trustworthy and operate in an ethical fashion. • Our communication will be open, timely, constructive and insightful. Excellence: We will aggressively pursue best practices in providing professional services and advice. • We will foster the values of caring, attention to detail, flexibility and creativity. • We will take risks when appropriate. • We will anticipate the needs of our customers and employee -owners. Teamwork: 0 We value the individual strengths of every employee -owner and as such, every employee owner has an equal accountability for the success of the organization. 0 We value the differences in perspective, opinion, background and culture which make us better as a team and as a company. * We will treat everyone we contact with fairness, dignity, and respect without regard to title, status or individual beliefs. 0 We have fun. Leadership: • We will support learning and growth through positive leadership. • We accept personal accountability and responsibility and are not afraid to challenge the status quo. • We will recognize the efforts of our colleagues at all levels of the company. • We will be actively involved in the communities in which we live, work and to whom we provide services. In September of 2005, Carl Warren & Company was awarded the California / Western States Chapter ESOP Company of the Year in recognition of its values and employee pride, service and ownership. Further, Carl Warren & Company is one of only six PERI- qualifled TPAs in the entire country! (see attachment #1) 2 SERVICE OFFICE Carl Warren & Company would administer the City of Carson program from its Home Office located at 770 S. Placentia Ave., Placentia, CA, a mere 26 miles from the Carson City Hall. Our adjusters are available and accessible 24 hours a day, 7 days a week. We provide after hours contact information so that our adjusters can be easily reached in the event of an emergency. All of the adjusters managing City of Carson files will be based there as will the files themselves. SERVICE OFFICE STRUCTURE Claims Analysts and Specialists: The claims analysts and specialists will complete a thorough investigation into each claim that is received. The specific items that are completed by the claims analysts and specialists are outlined in the Scope of Work section of this proposal. This includes but is not limited to investigation, reporting, negotiation, performing litigation management functions, and reserving. The claims analysts and specialists will also be responsible for obtaining the services of outside vendors when necessary, assuring excellence in their services and processing the invoices of these outside vendors. Client Relationship Manager: Our Client Relationship Manager, Mr. Me Reed is the liaison between the City of Carson and the claims and support staffs. He will receive and review new claims from the City and assign them to the appropriate claims person. He reviews incoming mail and outgoing reports before they are sent to the City. He will maintain the in-house settlement authority as may be granted by the City. He coordinates claims audits. The Client Relationship Manager is responsible for ensuring that all aspects of the City's account run smoothly, including home office coordination and support. 3 LAI EXECUTIVE MANAGEMENT KEVIN D. SOVEREIGN, ASSISTANT VICE PRESIDENT PUBLIC ENTITY SERVICE AND RETENTION LEADER San Bernardino Valley College California State University Western State University College of Law 20 years claims adjusting experience Program Manager, New Mexico Public Schools Insurance Authority (89 school districts) Past President, New Mexico Claims Association (2 terms) Carl Warren & Company employee since 1988 LARRY HUNT, EXECUTIVE VICE PRESIDENT PUBLIC ENTITY CLIENT GROUP LEADER Bachelor of Science, Weber State University Safeco Insurance Claims School Graduate Associate in Risk Management Degree Certified Instructor — California Department of Insurance Former President of the California Association of Independent Insurance Adjusters Carl Warren & Company employee since 1976 CARYNSIEBERT PRESIDENT AND CEO ID, New York Law School Safeco Claims School Designer Former Claims Director Coregis, ERC, Safeco Former Director, Board of Governors, National Insurance Crime Bureau Contributing Author — EPLI:Safeguarding Your Future Speaker at PRIMA and PARMA E ARRAY OF RESOURCES A wide variety of ancillary services that support the day to day operations of our branch claims offices are provided by our home office located in Placentia, CA as well as other branch offices. Those ancillary services include Human Resources and Finance, Information Technology and executive management. In addition to those services, we have established "'Centers of Excellence" that are responsible for such tasks as trust account management, check issuance and database management. We also provide ongoing training for our Support staff personnel so that they can keep abreast with the latest technological advances available. This enables us to continue to provide the highest quality work product possible while improving efficiency and responsiveness to client needs. Additional resources which we provide to our claims management staff include state of the art online Index Bureau access, property damage estimating programs, and ongoing support from professional interaction with other claims professionals through support of insurance industry associations such as PARMA, PRIMA, CASBO, the California Association of Independent Insurance Adjusters (Carl Warren & Company was a founding member) and many other state and local claims associations and insurance industry groups. Several of our employee -owners have served in leadership capacities in these organizations and we are now a PERI -qualified TPA. 5 RAI CLAIMS MANAGEMENT PHILOSOPHY Carl Warren's claim handling philosophy has been and will continue to fully comply with that of the City of Carson. Quite simply, our company philosophy in managing claims is; ""Pay what you owe, when you owe it, attempt to avoid litigation whenever possible. Do not spend $2.00 on subrogation to recover $1.00." Most importantly, we believe it is imperative "to treat people the way that we would want to be treated." We believe that the most effective claims management occurs when there is a strong foundation laid. A prompt, thorough investigation is required while being mindful that the extent of the investigation must be appropriate for the nature of the claim, the extent of the damages and the liability exposure presented. We believe that reserving should be conservative, taking into consideration many aspects, including jurisdiction, severity of injury and degree of liability / responsibility. Reserves must be reviewed and timely adjustments made. Our service to many public entities has proven that prompt contact with claimants, timely, aggressive evaluation of claims and open communication with all parties will, in the long run, avoid prolonged, costly litigation. Attached as item #2 you will find our claims handling protocol (and we have a 186 page set of claims handling guidelines). Wow— PUBLIC ENTITY EXPERTISE EXTENSIVE EXPERIENCE WITH PUBLIC ENTITIES Companywide, Carl Warren & Company administers claims for more than 175 cities and more than 350 public entities. We are the claims administrators for approximately 25% of the public entities in California. Our adjusters and supervisors are well -versed in the Government Code, as well as the applicable defenses and remedies available to public entities. This experience and expertise is a necessary element in the successful management of claims. A representative sample of the governmental entity accounts that are administered by Carl Warren & Company are: 0 California Joint Powers Insurance Authority (107 member cities) • City of Azusa City of El Monte • City of Beverly Hills City of Santa Clarita • City of Chino City of San Fernando • City of Gardena City of San Gabriel • City of South Gate City of Monterey Park • City of La Habra City of Whittier • City of Palmdale City of Hesperia • City of Palm Springs City of Inglewood • Los Angeles Unified School District • New Mexico Public Schools Insurance Authority (89 member districts) • Los Angeles Community College District • Santa Monica Community College District • Maine School Board Management Association VA CLAIMS STAFF EDUCATION AND EXPERIENCE MIKE REED -CLIENT RELATIONSHIP MANAGER CRM for City of Carson account between the years of 1988 and 1993 / 1999 to present Bachelor of Science, Business Administration — University of California at Berkeley Associate Degree — Orange Coast College 28 years claims adjusting experience Nationwide Insurance — Multi -Line Adjuster — All Personal Lines and some Commercial Carl Warren Employee -Owner since 1983 GORDON H. ELIASON — CLIENT RELATIONSHIP MANAGER Brigham Young University, Provo, Utah 1986 Bachelor of Arts, Family Living 1987-1988 Travelers Insurance Co., Brea, California Claims Representative General Liability Claims Account Manager for Cities of Costa Mesa, Newport Beach, Huntington Beach, and Laguna Hills. Managing and adjusting claims for City of Costa Mesa since 1993. Managing and adjusting claims for City of Newport Beach since 2000. Managing or adjusting claims for City of Huntington Beach since 1988. Managing and adjusting claims for City of Laguna Hills since 1997. E., rAl- SETrL EMENT OF CLAIMSIA UTHORITY Most of our clients prefer to provide Carl Warren & Company with limited settlement authority. That authority rests with the CRM who reviews each matter before granting the adjuster authority within his level. Our client is then is advised within 30 days of any settlement made within Carl Warren & Company's settlement authority. Requests for authority above the Carl Warren & Company level would be directed to the City"s Risk Manager. All requests for authority would be presented in writing, accompanied by all of the necessary information that is needed for the Risk Manager to make an informed decision. rRUSTAccouNr Carl Warren & Company manages Trust Accounts for many of its clients who find it to be more convenient and efficient in managing their programs. Trust Account funds are used to pay loss expenses, settlements and judgments. All trust account finds are maintained in accordance with the accounting principals set forth in SAS 70. L.UrGA TrON MA NA GEMEN T When a new lawsuit is served upon a member, a request will be sent to the City's Risk Manager to assign defense counsel. The request will be sent with an updated report, outlining all relevant information on the matter, including settlement potential and any new information that is available. Legal bills will be reviewed and processed on a monthly basis. The adjuster will check the bills for accuracy and compliance with the Litigation Guidelines. Any corrections to the bills will be clearly noted and copies will be sent to the City of Hesperia. Carl Warren & Company assists the defense attorney as the case progresses. This may include locating witnesses, obtaining documents and information or providing input in the litigation plan. The defense attorney submits a request to undertake discovery with their initial report. The adjuster will review,the reports and approve only those discovery items that will move the case closer to conclusion. EXCESS CA RRIER REI -A 7TONSHIPS Carl Warren & Company is familiar with the reporting requirements of excess carriers and we incorporate those requirements into our claims handling procedures. When it appears that a claim should be reported to the carrier, Carl Warren will place the excess carrier on notice of the loss as necessitated by their reporting requirements. 9 CLATM FUES MEE7:rNGS Carl Warren & Company's staff will attend meetings with the City's staff or attorney firms, as requested. It is our belief that meeting to review large losses and discussing trends is beneficial for all concerned. Carl Warren & Company can prepare data in a variety of formats for your use in your own meetings. Carl Warren & Company will maintain a claim file for each claim, incident or request for investigation that is submitted to Carl Warren & Company for file creation. The files will be available for review by the City's staff, financial auditors and claims auditors, upon reasonable notice. COST SAVINGS MEASURES Carl Warren & Company is always conscious of the City's need to contain costs and save money wherever possible, without sacrificing quality. Carl Warren & Company will make recommendations for cost savings approaches/activities for the City when requested. 10 Our primary cost savings approaches include careful review of coverage, litigation management, vendor selection and reasonable inventories. IDENTTFTCA TION OF HAZ4 RDS Our claims analysts and specialists pay careful attention to their surroundings, watching for any hazards or potential problem areas. When something like this is found, it is reported to the Risk Manager, so that appropriate action can be taken to reduce or eliminate the problem. The prevention of future claims saves the City of Carson both investigative and settlement dollars. EFFicrENr cums HANDaNG mocwuREs Rather than taking a "'cookie -cutter" approach to claims handling, each claim is individually reviewed and a determination is made as to what specific investigation is needed. Minor claims with little exposure do not require as extensive an investigation as more complicated claims with greater exposure. By focusing our investigative efforts where they are most needed, Carl Warren provides the best service to its clients and reduces its adjusting expense. EXPERIENCE One of Carl Warren"s most effective cost containment elements for the City of Carson is experience. From handling similar claims, our adjusters are familiar with the codes and immunities that can be applied to protect the city. This streamlines the adjusters' efforts and reduces the City's costs. Often times, a claimant attorney will choose not to advance a claim into litigation, after being advised and confirming for themselves that their cause of action will be barred. Experience also helps to reduce settlement costs. Having handled similar claims for other municipalities, our adjusters know the value of sometimes very unusual claims. In addition to this, as an adjuster gains more experience in the field, they become better negotiators. Carl Warren's adjusters all have many years of claims experience. This has helped them to obtain the confidence and knowledge to be tough but fair negotiators. LEGAL COST CONTArNfifENT PROCEDURES AND STRA TEGrES Our well -investigated and documented files provide the defense attorney with a solid background on the case, and save many hours of time that the attorney would have spent obtaining this information. We encourage utilization of Alternative Dispute Resolution (ADR) as another means to reduce litigation costs. 11 Z I LII\V Once the matter has entered litigation, Carl Warren & Company does not abandon the file. Instead, we help the defense attorneys develop a litigation plan, and we assist the defense attorneys by undertaking any additional investigation that they deem necessary. This not only allows the attorney to focus his/her time and energy on the litigation process, but it will save the City of Carson money, since it is much more cost effective to have an analyst or specialist investigating a case than to have an attorney investigating the case. Litigation costs are also contained by a careful review of the legal bills prior to payment. Billing guidelines are provided to all of the defense attorneys. They are then uniformly applied. Every bill is reviewed for accuracy and adherence to the guidelines prior to being submitted for payment. Perhaps the best way to save on litigation costs is to keep a file out of litigation. Upon service of a lawsuit, Carl Warren & Company carefully evaluates the status of the case, the plaintiffs settlement demand/position and potential of resolving the case prior to answering the Complaint. We work closely with the City's Risk Manager to attempt to resolve cases that have liability issues whenever possible, rather than to send the case into litigation. RISK MANAGEMENT INFORMATION SYSTEMS mycarlwarren.com Our current information system was developed in-house and has modified over the past 12 years to meet the various needs of our diverse client base. Our risk management information system provides each client with an enormous degree of flexibility, not only in determining what and how their data is captured, but also in providing the type of output they require. Our in house Information Systems Department has the capability to customize reporting to suit client needs. We can also feed your data to PERI if you so desire. Our system was designed with each unique clients needs in mind. Five different lines of coverage are supported. One can actually be specified by the client for their individual needs. All cause codes are client specific. Fourteen different expense categories are reported from legal expenses to expert witnesses. Reporting can be done on a monthly, quarterly or semi-annually basis. To a degree, we are able to accommodate client requests for special supplemental fields that might be unique to their needs. 12 21 Our current system has the capability for varied "ad hoc" reporting. Each of our reports can also be generated by entity, location or department. A claims register report can even be generated for member entity or department within that entity. A variety of reports also exist on a per -request basis, such as Stratification Reports, Loss Development Triangles and Prior Period Comparison Reports. Subrogation Registries and Recovery Registries are also available. All information is inputted via terminal at the branch office and the data is automatically archived from the existing data on a daily basis. Every morning, the branch personnel insert a new back-up tape into a DAT drive, which creates a back up of all the data on the branch server. The nightly tapes are recycled on a weekly basis except for the Thursday evening tape, which is forwarded to the Home Office in Orange, California. These weekly tapes are retained for a period of five weeks. On the first working day of each month the IS personnel at the branch send the back up tape from the last working day of the previous month to the Home Office and that tape is retained for a period of one year. The tapes which are sent to the Home Office on Thursday nights are picked up by an offsite vendor who stores five generations of the weekly tapes for each of the branch offices and the same offsite vendor stores 12 monthly tapes for each branch. On a monthly basis, the IS Department archives all of the client data from a pre-closing loss run tape and combines it into an "'All Branches Loss Run Tape" for that particular month and this tape is kept on permanent file for future reference. In addition to the Risk Management Information System, Carl Warren & Company has its own Microsoft NT wide area network system running at 100 megabits. This system allows rapid communication between all of our branch offices as well as the support services provided by our home office. This system is primarily utilized for transmitting data. It is fully firewalled for security purposes and years ago was proven to be fully Y2K compliant. Now we even have a SAS70 Type II Report. Also, Carl Warren & Company has the ability to fully manage Trust Account funds and to produce checks at its local branch offices. Security is also a key element of this aspect of our system. A separate password is required in order to access the check writing module of the system. Our system enables us to create checks from blank paper instead of using check stock. Checks are produced utilizing a Laser 3et Printer and the latest lock ' out / encryption security protection technology. This omits the need for securing actual check stock on site. Check numbers can not be duplicated within the system and if checks need to be reprinted, new check numbers are issued and prior check numbers are voided. Absolutely no handwritten checks are permitted for any reason. 13 ;I L14 The system also incorporates "*flags" to prevent duplicate bill payments. WEBSITE Carl Warren's website can be viewed at www.carlwarren.com. Our website provides an overview of company, information about our clients, our services, our management team, the location of our branch offices and "'breaking news" about our company. Our website includes testimonials from clients and articles about our community volunteerism and charitable works. MAI LIS MYCARLWARREN.COM There is no doubt that a loss run report is an invaluable risk management tool. However loss run print outs can be bulky, cumbersome and often do not reflect the most current' information on the claim. Carl Warren & Company is pleased to provide mycarlwarren.com to our valued clients. This interactive website allows the client to obtain up to the minute information about their account. The Los Angeles Unified School District and the New Mexico Public Schools Insurance Authority were among the first of our clientsto test this new system. Each of the authorized City of Carson representatives can be provided with their own access code. With their access code, the mycarlwarren system can be accessed from any internet- enabled computer at any location. This enables the City to have access to data 24 hours a day, 7 days a week. Therefore, authorized representatives can access the system from their homes or when traveling. No special programming or equipment is necessary for the City to be able to enjoy the benefits provided by this system. Standard and customized reports can easily be accessed, saved and subscribed to by the client. A subscribed to report is automatically generated and sent to the client's e-mail address at the designated time. The reports can be scheduled to arrive at the client's preference — quarterly, monthly, weekly — whatever best suits the client's needs. This system is constantly being upgraded to provide Carl Warren & Company's clients with a tool that we feel is unparalleled within the industry. Attachment #3 includes some sample data reports from the mycarlwarren system and security informatio 15 ! L14 PRICING Carl Warren & Company proposes to furnish the services requested subject to a first year, annual price, not to exceed $63,500-- based upon an anticipated annual volume of 90 claims." Our Time and Expense pricing structure is as follows: Services Telephone Mileage Photocopies Stenographic Photographs Cassettes Duplicated Photos Office Expense Set up fee Data Processing Index Bureau 1099 Issuance Administrative Fee $52.00 per hour (year one) $53.00 per hour (year two if locked in now) $54.00 per hour (year three if locked in now) 8% of Services .49 per mile .25 per page $4.50 per page $2.25 each $2.00 each $1.25 each 18% of Services One hour of Service Time $30.00 per suffix (i.e. per line entry) $15.00 each $10.00 each $225.00 monthly billed quarterly As a long standing client of Carl Warren & Company, we will waive the mycarlwarren annual fee of $1,000.00. Claims in excess of 90 per year would be billed at the rates quoted above. Pricing includes ongoing management of all open claims. 'A77W�AA7—,A;�j�A:`W loowww 1 kn -i� !:2 Sl cn low T" mom - 'law mw F loowww 1 kn -i� !:2 Sl cn low T" mom - 'law mw partne . r . s I ............... List of PERI -Qualified Third Party Administrators* rV I IM I r, Ic Risk,Manap�ment Resource PERI -Qualified TPAs are listed below along with the city where they are headquartered. Last Updated Februaty Z 2006 Carl Warren & Company Placentia, CA CompManagement, Inc. Dvbfin, Ohio Gallagher Bassett SeMces, Inc. Itasca, Illinois George Hills Company, Inc. Pancho Cordova, Califorrija Hewitt, Coleman & Associates, Inc. Greenville, South CaroJina Ward North America Tustin, California "A Again, thank you for your participation in the Data Exchange program. If you have any questions about the program, please contact Pamela Marino at (703) 352-1846. S incere.17, PUBLIC ENTM RISK c INSTITUTEVrard Hoetmer 11350 RANDOM HILLS RD, xecutive Director SUITE 210 FAIRFAX, VA 22030 Enclosure TEL 703.352.1846 FAX 703.352.6339 www.riskinstitute.org ptjBLIC ENTJT�, 77� -0 February 2, 2006 BOARD OF DIRECTORS Caryn Siebert SAM MALES President CHAIRMAN Carl Warren & Company RENO, NV 770 S - Placentia Avenue Placentia, CA 92870 YVONNE LEUNG VICE CHAIRMAN Dear Caryn: LINCOLN, NE CALVERT WRAY On behalf of the Public Entity Risk Institute (PERI), I would like to extend our ATLANTA, GA appreciation to Carl Warren & Company for your participation in the PERI Data Exchange. DAVID MORA SALINAS, CA The PERI -Qualified Third Party Administrator Program recognizes third party administrators who are cooperating with PERI by GARY BINGER providing data on behalf of their interested clients. OAKLAND, CA Therefore, I am pleased to recognize Carl Warren & Company as a PERI -Qualified Third Party Administrator for Liability Data. Enclosed you will find a certificate of GERARD J. HOETMER EXECUTIVE recognition. This certificate will be renewed on an annual basis provided Carl Warren DIRECTOR & Company continues to meet the program criteria. Your organization is now included on the list of PERI -Qualified Third Party Administrators which is posted on our web site at www.riskinstitute.or--. As a PERI -Qualified Third Party Administrator, you are welcome and encouraged to mention this recognition in your marketing materials. Additionally, you are authorized to use the PERI -Qualified Third Par-ty Administrator logo in your marketing materials and on your website. Again, thank you for your participation in the Data Exchange program. If you have any questions about the program, please contact Pamela Marino at (703) 352-1846. S incere.17, PUBLIC ENTM RISK c INSTITUTEVrard Hoetmer 11350 RANDOM HILLS RD, xecutive Director SUITE 210 FAIRFAX, VA 22030 Enclosure TEL 703.352.1846 FAX 703.352.6339 www.riskinstitute.org General Claims Management Receipt of Claims and Processing Claims Reporting As always, new claims may be reported electronically by email, through our web site, telephone -using a toll free number of by fax. We also provide an 800 number and cell phone number for 24 hours contact in case of an emergency. Claims Processing When a claim is received it will be processed using our established Liability Claim Standards: I Within 24 hours of receipt of the first report, a file will be created, reserved and assigned the proper code numbers and necessary data will be entered into the information system. 2. The initial reserve will take into consideration all potential payments related to the loss including liability and allocated expenses. There after any reserve revision and all payments will be clearly explained in the file notes. 3. All payments, reserve revisions and file closings will be reviewed on every diary date and adjusted when file material warrants it. 4. We will submit all bodily injury (BI) claims to the Index System. 5. When a claim has been resolved, we will prepare a closing report to the City and promptly close the file. Response to Claims Carl Warren & Company shall, on the City of Carson's behalf, take the following action on all claims covered by the circumstances described below: Deny, as untimely, all claims that have not been filed with the statutory required time. 2. Deny all claims on or before the date when denial is required or permitted by law, if, in the exercise of reasonable, prudent judgment and after review of all pertinent information, there is no basis of liability against the City of Carson or its employees. 3. Deny claims after reasonable efforts to obtain necessary additional information clarifying or substantiating issues of liability or damage, from the claimant or departments are successful. 4. For each claim not submitted in accordance with the legal statutory filing requirements, Carl Warren & Company shall, on the City of Carson's behalf, notify the claimant or third party of the -specific insufficiency. Carl Warren & Company shall deny all claims where claimant or third party has failed to remedy the noted insufficiencies. z %upon 5. Carl Warren & Company shall, on the City of Carson's behalf, reject all "Applications for Leave to Present Late Claim", unless the untimeliness of filing a claim clearly falls within Government Code Sections 911.4 and 911.6. In these cases, Carl Warren & Company shall advise and obtain the City of Carson's written approval to accept a late claim. 6. Carl Warren & Company shall forward petitions for relief from the requirements of Government Code Sections 911.4 or 911.6 to the City of Carson and shall assist in opposing the petitions filed as directed. Investigation Procedures I Contact with any injured claimant will be made within 24 hours of receipt of the first report. 2. Within 24 hours of receipt of the first report, contact will be made with the client where there is a need for further initial clarification concerning the claim. 3. Initial statements and/or inspections will be taken within 72 hours of receipt of the claim. 4. Within twenty (20) days of receipt of the first report, there should be an investigation of facts of accident and injury"' sufficient to make a liability determination and send the initial claims report to the City of Carson. If there is a potential to tender the claim to a third party, we will request authority to do so in the initial report. 5. We will provide written reports to the City of Carson keeping you informed of any major claim developments such as medical status, settlement demands, scheduling of settlement conferences, hearings and trials. 6. Any claim with a total incurred value of $50,000 or more will be reported every 90 days until the claim is resolved or through completion of the discovery phase of the litigation process. 7. We will seek approval from the City of Carson prior to hiring independent experts deemed necessary to properly conduct fraud investiaations or direct sub-rosa services when needed. 8. Contact will be maintained with any claimant on a regular basis to ensure accurate reserving and claimant rapport. 9. We will request a medical authorization and a loss of earnings authorization from the claimant on any bodily injury file where settlement is being considered. 10. All medical bills submitted by the claimant for payment will be reviewed for causal relationship to the accident. 11. Subrogation/contribution possibilities will be promptly recognized and investigated, preserving required evidence, and utilizing experts where needed and approved by the City of Carson. 12. Where warranted, settlement will be aggressively pursued and all negotiations will be properly documented in the file notes and handled internally by the claims adjuster assigned the file unless there is a documented basis to handle it in another manner. 13. When liability has been deterTnined and the settlement value is within our authority we will immediately start negotiations to settle the claim without litigation. If the value of the claim exceeds our authority, we will prepare an Evaluation/Authority Request form which will provide a clear analysis of the claim and our authority request. 14. When a settlement amount is agreed upon, we will prepare and send all releases, agreements, W -9's and other payment instruments to the claimant and/or the claimant's representative. File Documentation All notes to file are available for the City of Carson's review 24/7/365 in our information system, mycarlwarren.com. The file notes will include the following: I Direction given to the claims adjuster at the discretion of supervisory personnel 2.) Documentation regarding all telephone conversations, discussions, and meetings held on the case. 3.) Documentation as to coverage issues, liability, dam"ages, injuries and our plan of action. 4.) An electronic diary schedule which is used to maintain files on diary. Claims will be reviewed every 30 days unless a longer schedule is approved by the City of Carson after a discussion of the file. 5.) Documentation regarding all statements and claimants, client employees, witnesses, doctors and other investigation efforts. 6.) File notes regarding all efforts to conclude the claim, offers of settlement. 7.) All correspondence or other documents related to the file which will be date-stamped on the day received and shall be documented in the file within 48 hours. The City of Carson will continue to h4ve access to an extranet environment to perform intuitive reporting and ad-hoc analyses on risk and loss prevention data. You are able to link to individual claims information, find a particular payment and read the adjuster's notes related to the payment. Reserving Practices Carl Warren & Company's information system identified as mycarlwarren.com tracks data on each claim to include loss reserve, expense reserve, and loss payment reserve also provides calculation tracking including initial reserve established and all subsequent changes. 2.) Case reserves are established within 24 hours of receipt of the claim. Reserves are established on a case by case basis, not on a statistical basis. The liability exposure, expense and anticipated life of the claim are all factors taken into consideration when reserving a file. The file is reserved at full value with a component of comparative fault factored in where appropriate. Reserves are reviewed and evaluated each time the file is handled by the adjuster and reviewed by the account manager. 3.) The adjuster will review the reserve every time any work is done on the file and/or when new information is received that would change evaluation of the claim. The reserve will be adjusted to reflect the proper value of the claim whether it is too high or too low. The file will be reviewed every 30 days or as approved by the City of Carson and the file documented to reflect the review and substantiate any adjustments in the reserve within 24 hours of the change. 4.) The reserve caption on written reports will provide the City with an analysis of why the reserve is proper. 5.) 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U) m CL m U) m c (D Lo L. m u 73 m Ec. w m r - m E (v Ul 0 ta m LLI 0 V) 0 CL 0 :3 C: E _0 0 0) M- cr 0 -0 4-J c -0 fu fu -0 =3 C 0 r -Y 0 M 0) 0- > 0 C:) fu Z 00 Z C: 0 4-J =$ _0 -0 fo .r - 0 4-J Ln 4-J " 0 0) CL fo 2!- 4-J 0 c E 0 E .0 :3 0 > fo cl fu V) > u M > (A -0 m a) fa _0 E --u"e C: 0 E 0 4-J fl, 0) 4-J U C: u 0 = " U E 4-J I u E U) 0 (V u 0 L31 >1 C- 0 u _0 L- 0) :3 0 CL -0 I (3) " fU 4-J 4-J U*) LJ 0 fu -0 C: M fu fu _0 fu fa C) Ul) 4-J C: 0 0 o _0 -E cD E 0 E m 0 L- C: 4- aj 4-J a) 0 2:- 4-1 C: 0 4-J > fu 0 0 0 4-J CL E cL ul (v Ul 0 ta m LLI 0 V) 0 CL 0 :3 C: E _0 0 0) M- cr 0 -0 4-J c -0 fu fu -0 =3 C 0 r -Y 0 M 0) 0- > 0 C:) fu Z 00 Z C: 0 4-J =$ _0 -0 fo .r - 0 4-J Ln 4-J " 0 0) CL fo 2!- 4-J 0 c E 0 E .0 :3 0 > fo cl fu V) > u M > (A -0 m a) fa _0 E --u"e C: 0 E 0 4-J fl, 0) 4-J U C: u 0 = " U E 4-J I u E U) 0 (V u 0 L31 RFP NO. P07-02 City of Carson Request for Proposal No. P07-02 Liability Third -Party Claim Administration Services City of Carson 701 E. Carson Street Carson, CA 90745 Dear Purchasing Manager: In accordance with your request for proposal for providing liability third-partY claim administration services, as described by city of Carson Request for Proposal No. P07-02 and the attached documents, we are pleased to offer the city of Carson the required service for the prices contained below, for a period of three years with two one-year options: 1 . Administrative Fee $ 2. Telephone $ A 3. 4. Photographs Mileage $ I -J de! V- $ 5. Photocopy $ $ L L^) Po. v-, v-eA� FIRM NAME 0 P L ADDRESS BY: PRINT ( 8M) �5 -72 — & C1 CIVIC", TELEPHONE NO. , Loa c(f--- A�-+ o4 CA Ct 2- a :7-0 TITLE: Cov- ksay—'A­f��_� DATE: 7 RFP NO. P07-02 CITY OF CARSON RFP NO. P07-02 AFFIDAVIT OF NON -COLLUSION The undersigned, as proposer, declares that this proposal is made without collusion with any other person, firm or corporation and that the only person or parties interested as principals are named herein. Having carefully examined the Notice Inviting Proposals, the Specifications, and the Terms and Conditions, we do hereby propose and agree, in the event of acceptance hereof, to enter into the required agreement with the city of Carson. -4, Dated this 6 day Of �� AJI'C� 2007, I certify (or declare) under penalty of pe�ury that the foregoing is true and correct. (-Av, L b,),� r- rej -+�n N OF COMPANY SIGNATURE .CQ!!� 4 () V- 00�_te' TITLE V 8 Z9,_M" BIDDER QUESTIONNfAIRE TO THE BIDDER: The following questionnaire is a part of the complete bid and must be submitted as such. The information provided therein will be used solely for evaluating the qualifications of the Bidder and their omanizations to carry out satisfactorily the terms and conditions of the contract. This questionnaire must be filled out accurately, completely and submitted with the bid. Any errors, omissions or fraudulent infori-nation may be considered as a basis for the rejection of the bid and may be gTounds for the cancellation of any subsequent agreement executed as a result of the bid or bids involved. BIDDER'S FACILITY (attach listing if more than one (1) location) Name: - Carl Warren & Company Address: 770 S. Placentia Avenue Placentia, CA 92870 Name of Facility Manager Mike gppd/Tom Boylan 0 Telephone: 714-572-5200 FaxNumber: 714_q61_R1m Web Site: www. carlwarren . rom EXPERIENCE AND REFERENCES Provide a minimum of three (3) references from your organization's client list that have contracted with your firm to provide liability claim administration in the last 5 years. .1, FIRM'S NAME Cnunt3� nf Los - ADDRESS: 3333 Wilshire Blvd. . Los Angeles-LJ1A. CONTACT PERSON: John St ex-iX-t- TELEPHONE:, 213-351--6421 CONTRACT WAS IN EFFECT DURING WHAT PERIOD? 1989 -Present . 2. FIRM'S NAME: -California Joint Powers Ins. Authori y . mfiffrXZu- 1 - I . I_ CONTACT PERSON: Jon Shull TELEPHONE: 562-463--8700 A "&� CONTRACT WAS IN EFFECT DURING WHAT PERIOD? 1980 -Present 3. FIRM'S NAME: ADDRESS: New Mexico Public Schools Authority 410 Old Taos Hiehway. Santa Fe, NM 87501 CONTACT PERSON: Sammy Quiintana TELEPHONE: 800-9,819-9736 CONTRACT WAS IN EFFECT DURING WHAT PERIOD? 19 9 5 - P r e s e n t rx "A PROPOSER QUESTIONNAIRE RFP NO. P07-02 TO THE PROPOSER: RFP NO. P07-02 The following questionnaire is a part of the complete RFP and must be submitted as such. The information provided herein will be used solely for evaluating the qualifications of the proposer and their organization to carry out satisfactorily the terms and conditions of the contract: PROPOSER'S FACILITY (attach listing if more than one location) Name: see, 4-ffiAC-1--ee�t Address: Name of Facility Manager: Telephone: Fax Number: Web Site: 11. EXPERIENCE AND REFERENCES Provide a minimum of three (3) references from your organization's client list that have contracted with your firm to providp liability claim administr4tion in the last 3 years. 1. FIRM'S NAME: C I t\-[ 15F A-) 007T-Reeqzc� ADDRESS: CONTACT PERSON: LA%we,-� -7p �-Ie ELEPHONE: (q trot) 2. FIRM'S NAME: L"',4V AkL— ADDRESS: J41 Z 2�-f -C-A. q2714' Lf 8,Z , q CONTACT PERSON: kJ0EFQAqtW 0 TELEPHONE: 3. FIRM'S NAME: ADDRESS: -r�tev-104�L- S-'�kooLs CONTACT PERSON: L.&Y', N kS C -L �.AeA,-jft�. rA-, TELEPHONE: 82 - 9 14� 0 z CA 0 u cel Z ui c ce 0 p ra 0 i .j cl) ce u < E u 0 (D oo C') C,4 Lo Cl) t- co Cl) CN Cl) 0) Cl) C14 CY) C14 (Y) C14 Cl) CN LJO C) —Oo c) - lq- 00 CY) 0 CN q 0 V) C14 CY) 0 4- (Y) 0 (Y) - V) - OD Cl) CY) LO OD CC) cli (D (D C14 IT Lr) 0) 0) 'T Lo 0) — I? V M C9 C? T C? 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(D to ca C > w - 0 C: CL 2 U) (D a) W (1) =3 — N U) to z r- 0 0 0 U) (D (L CD :t:: :3 0 m 0 m U) 0 C14 U) (D LL 1: 16 :t_- m '0 cu C: 0) .2 .5 LL C: :3 (D CL r- — - M: U) 0 w .5 m U) w z U) 0 LO j U) 0 a. .2: > < 0 -j ?-, >1 U) Cl) m U- cu cn E Mu T IX = a) U) 0 U) ca -i m U) 0 ca 'Ei :3 w 3� o 0 2 E Co 0 L) E 0 c 0 a) 2 (D a) LL 2 =3 F- cu m 0 -6 0 0) =3 > < m L) (D cu z EL M 0 0 ca (D m .2 LL (6 -1 0) V co Q- (D ,6 - U') IT 0 0 LO r- CN 04 ce) (Y) 0 CS1 0 0 IT m CD 00 Iq LO CD CD 0 C14 - m 0 o) N LO t- C) 0 IT 'T rl- C14 r- r- (0 CN "T CO 0 0 0 0 0 U) C14 LO CN CN - 0 z L) 0 Lj z < > d a. D U) x z CO) LLT LL LL Ld d z C6 w -ce -ce z d (.) 0 w I-- 0 < -i < w — 2� 0 < V) x P p > ui z Z (1) CY -1 0 0 LL -i a. w LL LU z z z z 2 W w -1 z 0 cn CO) > __r " w w C.) w L) in 0 U. -j w z Cf) < 0 z z z z C-) -i 1 0 0 0 w x < < < < < w L-< LL 1 0 1 X I x I X L -M z I cL a. _Lm I U) I U) I U) (n (j) U) ca a. 0 0 CN 'fell R 0 RFP NO. P07-02 INSURANCE REQUIREMENTS GENERAL COMPREHENSIVE LIABILITY ADDITIONAL INSURED ENDORSEMENT NAME OF ADDRESS OF INSURED: General description of agreement(s) and/or activity(ie�) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows: The Owner, consisting of the following described public entity: [X] N The City of Carson, California and its or their elected officials, officers, agents and employees are insured thereunder in relation to those activities described generally above with', regard to operations performed by or on behalf of the named insured. 2. Such insurance shall be primary, and not contributing with any other insurance maintained by the Owner. 3. The policy to which this endorsement is attached shall apply separately to each insured auainst whom claim is made or suit is brought except with respect to the limits of the company's liability. 4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non -renewal except after written notice to Risk Manac ' ement, city of Carson, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO: Risk Management City of Carson P.O. Box 6234 Carson, CA 90749 (310) 952-1700 Except as stated above and not in conflict with this endorsement, nothing contained herein shall be 0 held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. Endorsement Effective Policy No. No. Date A, 444 RFP NO. P07-02 TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM TO LIABILITY Scheduled items or locations are to be identified on an attached sheet. The followinc, inclusions relate to the above coverages includes: C, Premises & Operations Contractual Liability Independent Contractors Products/Completed Operations Broad Form Property Damage Broad Form Liability Endorsement Explosion Hazard Collapse Underground Hazard Personal Injury A deductible or self-insured retention (strike out one) of coverage. DEDUCTIBLE APPLIES PER CLAIM PER OCCURRENCE INSURANCE COMPANY ADDRESS: applies to (print name) hereby declare under penalty of perjury, under the laws of the State of Califomia, that I have the authority to bind the above-named insurance company to this endorsement and by my execution hereof, do so bind said company. Signature of Authorized Representative (Original Signature only; No C) facsimile signature or initialed signature accepted) Executed at on Phone No.: )20 RFP NO. P07-02 AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT NAME OF ADDRESS OF INSURED: General description of agreement(s) and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows: The Owner, consisting of the following described public entity: [ I N The City of Carson, California and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with re gard to operations perfon-ned by or on behalf of the named insured. 2. Such insurance shall be primary, and not contributing with any other insurance maintained by the Owner. 3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the C, limits of the company's liability. 4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non -renewal except after written notice to Risk Manaoement, City of Carson, by certified mail, return receipt requested, not ID less than thirty (30) days prior to the effective date thereto. CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO: Risk Manaaement City Of Carson P.O. Box 6234 Carson, CA 90749 (310) 952-1700 Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. Endorsement Effective Policy No. No. Date A v- o( o �F_ CbV14n,-Q 1L2;pqqlb& RFP NO. P07-02 TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM TO LIA.BILITY Scheduled items or locations are to be identified on an attached sheet. The following are covered by the policy: Owned Automobiles Owned, Nonowned and Hired Automobiles Nonowned Automobiles Hired Automobiles A deductible or self-insured retention (strike out one) of applies to coverage. DEDUCTEBLE APPLIES PER CLAIM , PER OCCURRENCE INSURANCE COMPANY ADDRESS: (print name) hereby declare under penalty of peijury, under the laws of the State of California, that I have the authority to bind the above-named insurance company to this endorsement and by my execution hereof, do so bind said company. Signature of Author-ized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at I -on 20 Phone No.: L 3 41' RFP NO. P07-02 WORKERS'COMPENSATION/EMPLOYERS LIABILITY SPECIAL CANCELLATION NOTICE ENDORSEMENT NAME AND ADDRESS OF INSURED: General description of agreement(s) and/or activity(ies) insured: This policy shall not be subject to cancellation except after notice in writing shall have been sent not less than thirty (30) days prior to the effective date thereof by certified mail, return receipt requested, addressed to Risk Manacrement, City of Carson, P.O. Box 6234, Carson, CA 90749. The company agrees to waive all rights of subrogation against the Owner, consisting..of the followine, described public entity: [ ] N The City of Carson, California and its or their elected officials, officers, agents and employees. 1) Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. Endorsement Effective Policy No. No. Date TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM TO LIABILITY Workers' Compensation Employers Liability Statutory D (J I deep ��PJ"J V -C C c) C 14 , The following are included in the above coverages: Broad Form All States Endorsement Voluntary Compensation Endorsement RFP NO. P07-02 INSURANCE COMPANY ADDRESS: (print name) hereby declare under penalty of*pedury, under the laws of the State of California, that I have the authority to bind the above-named insurance company to this endorsement and by my execution hereof, do so bind said company. Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at __ - I on 20 Phone No.: RFP NO. P07-02 EXCESS LIABILITY INSURANCE ADDITIONAL INSURED ENDORSEMENT NAME AND ADDRESS OF INSLTRED: General description of agreement(s) and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in Z:) any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The Owner, consisting of the following described public entity: 0 1� [ ] 0 The City of Carson, California and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured. 2. Such insurance shall be primary, and not contributing with any other insurance maintained by the Owner. 3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. 4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non -renewal except after written notice to Risk Management, city of Carson, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO: Risk Management City Of Carson P.O. Box 6234 Carson, CA 90749 (310) 952-1700 Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. Endorsement Effective Policy N No. Date 0 e- 16 RFP NO. P07-02 TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM TO LIABILITY Excess Liability AMOUNT EXCESS OF Following Form Umbrella Liability Other Applicable underlying coverages Insurance Compan Policy No. Amount The followina inclusions, exclusions, extensions 'D or specific provisions relate to the above coverages: 0 A deductible or self-insured retention (strike out one) of $ applies to coverages not included in underlying policies. DEDUCT113LE APPLIES PER CLAIM—, PER OCCURRENCE INSURANCE COMPANY ADDRESS: 1, , (print name) hereby declare under penalty of pedury, under the laws of the State of California, that I have the authority to bind the above-named insurance company to this endorsement and by my execution hereof, do so bind said company. Signature of Authorized Representative (Original Sip—atureonly; No facsimile signature or initialed signature accepted) Executed at on - � 20. Phone No.: 17 51 651 Representative Dec Pages are attached. Upon being selected as the Third party Administrator for this account, Carl Warren & Company will work with its insurance carriers to obtain the required endorsements. 1. General Liability Chubb $2M limit 2. Automobile Liability Chubb $1M limit 3. Worker's Compensation Everest National Insurance Company $1M limit 4. Errors & Omissions Chubb $3M limit 5. Excess Insurance / Umbrella ACE $3M EXHIBIT NO. 2 Liabilitv Insurance Declarations Named Insured and Mailing Address CARL WARREN & COMPANY 770 S. PLACENTIA AVENUE PLACENTIA, CA 92870 Chubb Group of Insurance Companies 15 Mountain View Road Warren, NJ 07059 Policy Number 3584-39-79 WUC EffectiveDate MAY4,2007 Issued by the stock insurance company indicated below, herein called the company. FEDERAL INSURANCE COMPANY Producer No. 0009356 Incorporated under the laws of INDIANA Producer MCGRIFF, SE11BELS & WILLIAMS INSURANCE SVCS INC. 19100 VON KARMAN, #900 IRVINE, CA 92614-0000 Policy Period From: MAY 4, 2007 To: MAY 4,2008 12:01 A.M. standard time at the Named Insured's mailing address shown above. Liability Coverage Limit Of Insurance GENERAL LIABILITY GENERAL AGGREGATE LIMIT $ 2,000,000 PRODUCTS/COMPLETED OPERATIONS S 2,000,000 AGGREGATE LIMIT EACH OCCURRENCE LIMIT S 2,000,000 ADVERTISING INJURY AND S 2,000,000 PERSONAL INJURY AGGREGATE LIMIT DAMAGE TO PREMISES $ 2,000,000 RENTED TO YOU LIMIT MEDICAL EXPENSES LIMIT 10,000 Liability Insurance Issue Date: MAY 10, 2007 continued FOrM 80-a2-0010 (Ed. 4-94) Declarations Page 1 IEChubb Group of Insurance CompanLes 15 Mountain View Road Warren, NJ 07059 Item 1. Named Insured and Mailing Address CARL WARREN & ��O�MPANy 770 S. PLACENTIA AVENUE PLACENTIA CA 92870 COMMON POLICY DECLARATION FEDERAL INSURANCE CoMpANy Incorporated under the laws of Indiana Policy Number (07)7353-56-17 Agent Name and Address MCGRIFF, SEIBELS & WILLIAMS INSURANCE Svcs INC. 19100 VON KARMAN, #900 IRVINE CA 92614 Agent No. 093 56 - 0 0 0 Item 2. Policy Period From: 05-04-2007 To: 05-04-2008 at 12:01 AM., Standard Time at your mailing address shown above. Item 3. Business Description: INSURANCE AGENTS, & BROKERS Form of Business: CORPORATION Item 4. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown, there is no coverage. This premium may be subject to adjustment. E Coverage Part (s) Premium COMMERCIAL BUSINESS AUTO COVERAGE PART $ 1,884.00 Item 5. Forms and Endorsements Total Policy Premium $ 1,884.00 Forms(s) and Endorsement(s) made a part of this policy at time of issue: See Schedule of Forrns and Endorsements Countersigned: Date: By: Authc)rized Representative TO THE EXTENT THAT ITEM TWO OF THE BUSINESS AUTO, TRUCKERS, OR GARAGE DECLARATIONS SHOW SYMBOLS WHICH DESCRIBE 'ANY AUTO"OR 'HIRED AUTOS ONLY"AS COVERED FOR PHYSICAL DAMAGE COLLISION COVERAGE, SUCH COVERAGE SHALL ALSO APPLY TO RENTAL VEHICLES. COVERAGE PART(S), I THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATION(S), TOGETHER WITH THE COMMON POLICY CONDIT ONS, 16-02-0207 (Ed- 1-01) COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, COMPLETE THE ABOVE NUMBERED POLICY. U ITEM ONE Named Insured CARL WARREN & COMPANY A BUSINESS AUTO COVERAGE Policy Number (07)7353-56-17 Agent Name MUUXIFF, SEIBELS & WILLIAMS—I—NSURANCE— SVCS INC. Effective Date: 05-04-2007 12:01 A.M., Standard Tim AnpntKjn nQ4rr,_r)r)r) ITEM TWO —SCHEDULE OF COV81UGEtAND C6WRItO AUTOS This policy provides only those coverages where a charge is shown in the premium column below. Each of these Coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos"for a particular coverage by the entry of one or more of the symbols from the Covered Autos Section of the Business Auto Coverage Form next to the name of the coverag . Coverages Covered Autos** Limit The most we will pay for any Premium one accident or loss Liability 819 $1,000,000 $ 1,644 Personal Injury Protection` Separately stated in each P.I.P. endorsement minu Ded. Added Personal Injury - Separately stated in each added P.I.P. Protecfion**** endorsement. Property Protection Insurance Separately stated in the P.P.I. end orsement rMichigan only) minus Ded. for each accident. Auto Medical Payments Uninsured Motorists Underinsured Motorists (When not included in LIM Coverage) SEE SCHEDULE ded. for each cov- P Comprehensive Coverage 8 Actual ered auto, but no deductible $ 90 H D cash applies to loss caused by fire or Y A value or lightning.***** cost of Specified Causes of Loss $25 ded. for each covered auto for S m repair, I A Coverage which- loss caused by mischief or ever is vandalism. C G less SEE SCHEDULE ded. for each cov- * * * * * $ 1501 A E Collision Coverage 8 minus ered auto. L Towing and Labor (Not for each disablement of a available in California) private passenger "auto". Forms and Endorsements applying to this coverage part and made a Tax/ Surcharge/ Fee part of this policy at time of issue: SEE SCHEDULE OF FORMS AND ENDORSEMENTS Premium for Endorsements *Estimated Total Premium $ 11884.00 This --policy may be subject to final audit. Entry of one or more of the symbols from the COVERED AUTOS Section of the Business Auto Coverage Form shows which autos are covered autos. Or equivalent No -Fault Coverage Or equivalent added No -Fault coverage See ITEM FOUR for Hired or Borrowed "Autos". This policy declaration and the supplemental declaration(s), together with the common policy conditions, coverage parts, coverage form(s) and forms and endorsements, if any, complete the above numbered policy. 16-02-0214 (Ed. 1-01) Page I of 3 R"Q11K1=QQ Airrn r% r-GLARA11 IONS tContinued) Policv Number: (0717151-8;A-17 ITEM THREE - SCHEDULE OF COVERED AUTOS'YOU OWN SEE SCHEDULE OF COVERED AUTOS YOU OWN ITEM FOUR - SCHEDULE OF HIRED OR BORROWED COVERED'AUTO COVERAGE AND-Pk9MIUM§ LIABILITY COVERAGE - RATING BASIS, COST OF HIRE State Estimated Cost of Hire for Each Stat - Rate Per Each $ 100 Cost of Hire Factor (if Liability Coverage is Primary) Premium CA $ 1,500 $ 3.073 $ 107 F-1 Total Premium $ 107 Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos* you borrow or rent from your partners or employees or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. PHYSICAL DAMAGE COVERAGE CA Coverages Limit of Insurance The Most We Will Pay Deductible Estimated Annual Cost of Hire Rate Per Each $100 Annual Cost of Hire Premium Comprehensive Actual cash value, or cost of repair whichever is less, minus $ 1, o o o ded. for each covered auto, but no de- ductible applies to loss caused by fire or lightning. $ 1,500 $ 90 Specified Causes of Loss whichever is less, minus $25 ded. for each covered auto for loss caused by mischief or vandalism. Collision whichever is less, minus $ 1, 000 ded. for each covered auto. $ 1,500 $ 150 Total Premium $ 16-02-0214 (Ed. 1 -01) Page 2 of WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INFORMATION PAGE REVISION NO. This is a 3 Year Fixed Rate Policy Evare" Ne" I I —ranoo continny NCCI Company Code No. 28312 New 0 Revision Policy No. CA20MO824(y7l I FKI Renewal: — 0 Reissue: El Rewrite of Prior Policy No. CmWioeMl Page 1 Issue Date 034M _LAcct. No. P-1. Term I Ywr I Pay Term I Yr. I St. CA I Co. I Town I SG I % Adj. Adjustment Date: AUDITED I THIS INFOR14ATION PAGE, WITH POLICY PROVISIONS AND ENDORSEMENTS, IF ANY, Anniv. Rate Date: I COMPLETES THIS POLICY. I. NAMED INSURED AND MAILING ADDRESS CARL WARREN AND COMPANY., CARL $ 7Z304 PRODUCER C1142 BRANCH CODE 023 WARREN AND COMPANY OF NEVADA MCCIRIFF, SEIBELS & VWWAMS INS saMCES, INC. WO & PLACENTIA AVE MINIMUM PREMIUM 19100 VON KARMEN AVENUE PLACENTIA CA 9M SUME 900 IRVINE CA 92612 Insured is: CC] Individual [I Partnership El Corporation, or (0 Other: ESOP Other workplaces not shown above: See Location Schedule Insured's Identification number(s): See Schedule 2. The policy period is from 03-01-2007 to 03-01-2008 at 12-M A.M. Standard Time at the insured's mailing address. Each Old Installment $ Increase $ Decrease $ Each New Installment $ 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: AR AZ CA 00 CT Fl. IL NM NV TX B - Employers Liability Insurance: Part Two of the policy applies to the work in each state listed in Item 3.A. The Limits of our Liability under Part Two are: Bodily Injury by Accident 1,000,000 each Accident Bodily Injury by Disease 1,000,000 policy limit Bodily Injury by Disease 1,000,000 each employee C. Other States Insurance: All states except North Dakota, Ohio, Washington, West Virginia, Wyoming and -s—tates designated in Item 3A of the Information Page. D. This policy includes these endorsements and schedules: See Schedule of Forms and Endorsements 4. The premium for this policy will be determined by our Manual of Rules, Classifications, Rates and Rating Plans. All information required on following Classification Schedule is subject to verification and change by audit. See Extension Schedule Attached, $ 7Z304 TOTAL ESTIMATED ANNUAL POLICY PREMIUM If indicated, interim adjustments of premium shall be made: El Semi -Annually Quarterly Monthly ADJUSTMENT PREMIUM DUE (Addl., or Return Premium - A minus figure means Return Premium) $ 110W MINIMUM PREMIUM DEPOSIT PREMIUM I Servicing Office: Agent or Producer WC 00 00 01 A Countersigned by Resident Licensed Agent 14SURED COPY Date /0\ Chubb -Group of Insurance Companies 15 Mountain View Road CHUBB PROE&OSM OMLSOE3 Warren, New Jersey 07059 .. DECLARATIONS EXECUTIVE RISK INDEMNITY-�INC. A stock insurance company, incorporated under the laws of Delaware, herein called the Company Policy Number 6802-6616 NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY, WHICH APPLIES ONLY TO "CLAIMS" FIRST MADE AND REPORTED IN WRITING DURING THE 'POLICY PERIOD,- OR ANY EXTENDED REPORTING PERIOD. THE LIMIT OF LIABILITY TO PAY DAMAGES OR SETTLEMENTS WILL BE REDUCED AND MAY BE EXHAUSTED BY "DEFENSE COSTS,- AND -DEFENSE COSTS' WILL BE APPLIED AGAINST THE RETENTION AMOUNT. THE COVERAGE AFFORDED UNDER THIS POLICY DIFFERS IN SOME RESPECTS FROM THAT AFFORDED UNDER OTHER POLICIES. READ THE ENTIRE POLICY CAREFULLY. ITEM 1. ITEM 2. ITEM 3. ITEM 4. ITEM 5. ITEM 6. ITEM 7. PARENT ORGANIZATION -NAME AND ADDRESS: Cad Warren & Company 770 South Placenta Avenue Placenta, CA 92870 POLICY PERIOD: (A) Inception Date: May 4, 2007 (13) Expiration Date: May 4. 2008 at 12:01 a.m. both dates at the Address in ITEM 1. LIMITS OF LIABILITY (inclusive of Defense Costs): (A) $3,000,000.00 maximum limit of liability each Claim or Related Claims, but not to exceed (13) $3,000,000.00 maximum aggregate limit of liability under this Policy for all Claims. RETENTION AMOUNT. $25,000.00 each Claim or Related Claims. EXTENDED REPORTING PERIOD: (A) Additional Period 365 day INSURED SERVICES: Appraisal Services Claims Adjusting Claims Administration Services Consulting & Training (13) Additional Premium 100% of Annual Premium PRIOR ACTS DATE: May 04,1985, at 12:01 a.m. at the Address in ITEM 1. C33192 (Ed. 7/2003) Page 1 of 14 Catalog No. 14-02-8622 ...... . --- Chubb Group of Insurance Companies 15 Mountain View Road CHUBB PROE&OW CMLM13 Warren, New Jersey 07059 IFTEM 8. PREMIUM: $45,000.00 These Declarations, the completed signed Application and this Policy with Endorsements shall constitute the contract between the insured and the Company. In witness whereat the Company issuing this Policy has caused this Policy to be signed by its authorized officers, but it shall not be valid unless also signed by a duly authorized representaffve of the Company. EXECUTIVE RISK INDEMNITY INC. 4.11 Secretary President 04/30/07 Date C33192 (Ed. 7/2003) Page 2 of 14 — a� Authorized Representative U Catalog No. 14-02-8622 Z Illinois Union insurance Company F1 Westchester Surplus Lines Insurance Company Excess Liability Insurance Policy Declarations This policy is issued by the stock insurance company listed above (herein "Insuret"). UNLESS OTHERWISE PROVIDED IN THE FOLLOWED POLICY, THIS POLICY IS A CLAIMS MADE POLICY WHICH COVERS ONLY CLAIMS FIRST MADE AGAINST THE INSUREDS DURING THE POLICY PERIOD. PLEASE READ THIS POLICY CAREFULLY. Policy No. XEO G21675155 003 Item I Insured Company Principal Address: Carl Warren & Company 770 South Placentia Avenue Placentia, CA 92780 Item 2. Coverages Provided: Excess Liability Insurance Policy Item 3. Followed Policy: Excess Technology Liability Insurer: Chubb Pro Executive Risk Indemnity Policy number 6802-6616 Item 4. Policy Period From 12:01 A.M. 05/04/2007 To 12:01 A.M. 05/04/2008 (Local time at the address shown in Item 1 -) Item 5. Aggregate Limit of Liability: $3,000,000 for all Loss under all Coverages combined. Item 6. Premium: $21,997 Discovery Period Premium: 100% of the Policy Period Premium Item 7. NOTICE TO INSURER A. Notice of Claim, Wrongful Act or Loss: ACE USA, Professional Risk Attention: Claims Unit 140 Broadway, 40th Floor New York, NY 10005 B. All other notices: ACE USA, Professional Risk Attention: Chief Underwriting Officer 140 Broadway, 40th Floor New York, NY 10005 Ft e -m8. Schedule of Underlying Policies: Policy Insurer Numbe Chubb Pro Executive Risk Indemnity 6802-6616 Primary or Policy Limits Excess Period $3,000,000 Primary 05/04/07- 05/04/08 THESE DECLARATIONS, TOGETHER WITH THE COMPLETED AND SIGNED APPLICATION AND THE POLICY FORM ATTACHED HERETO, CONSTITUTE THE INSURANCE POLICY. Autho�zed Agent Date:06/0612007 MO/DAYNR. L41 ACORL), CERTIFICATE OF INSURANCE ISSUE DAT 06/06/2007 E PRODUCER This certificate is issued as a matter of information only and confers no rights MSW Insurance Services, Inc. 19100 Von Kerman Ave. Suite 900 upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. COMPANIES AFFORDING COVERAGE Irvine, CA 92612 License #OE55346 Company Federal Insurance Company A INSURED Company Executive Risk Indemnity Inc. Carl Warren & Company B 770 S. Placentia Ave Placentia, CA 92870 Company Illinois Union Insurance Co C Company D Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE LIMITS OF LIABILITY LT EXPIRATION A GENERAL LIABILITY 35843979 05/0412007 EACH OCCURRENCE $ 2,000,000 0 Commercial General Uability 0 Claims Made [M Occurrence 0 Owners'and ContractorsTrotection 0 05/04/2008 FIRE DAMAGE $ 2,000,000 MEDICAL EXPENSE $ 10,000 PERS. AND ADVERTISING INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 El —A General Aggregate Urnit applies per: 0 policy 0 project D Location PRODUCTS AND COMP OPER. AGG. 2.000,000 AUTOMOBILE LIABILITY 73535617 05/04/2007 COMBINED SINGLE LIMIT $ 1,000,000- 11 Any Automobile 0 Ali Owned Automobiles Scheduled Automobiles Hired Automobiles 05/04/2008 BODILY INJURY (Per aerson) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ COMPREHENSIVE $1000 deductible Non -owned Automobiles COLLISION $1000 deductible 10 WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY WC Statutory Limit her F EL EACH ACCIDENT $ EL DISEASE (Each emolovee) $ EL DISEASE (Policy Limit) $ EXCESS LIABILITY EACH OCCURRENCE I$ 00ccurrence 11ClaimsMade AGGREGATE Is B ERRORS AND OMISSIONS 6802-6616 05104/2007 $ 3,000,000 G21675155003 05104/2008 $ 3,000,000 C $ $ City of Carson is an Additional Insured as respects to the General Liability coverage as required by writen contract subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Authorized Representative City of Carson PO Box 6234 Carson, CA 90749 Page 1 of 1 ificate to # U�S­ HOUs I All�. -P RE S L N TIAV -R k ­ Certificate of Congressionaf Recognition ftesentedto Cad Warren (i� Company - :, W01 in rcrognition of bring nanub 0 t4r 21105 California anb Wrstern `&tates �iSMIJ TonyanLi of t4r Vrar- Datedthis 8h day of 'Fe6ruary, 2006 A,, ,;,,A ryx�� 9fonora6fe GarY G- 9wider 42-d CongressionalDistrict EXHIBIT NO. 3