HomeMy WebLinkAboutStaff Report 301-09TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER HUMAN RESOURCES
DATE: JULY 6, 2009 CMR:301:09
SUBJECT: a Contract Tbree Years with Gregory Bragg
& Associates in a Total Anlount Not to Exceed $783,000 for Workers'
Conlpensation Claims Administration Services
RECOMMENDATION
Staff recolmnends that Council:
1. Approve and authorize the City Manager or his designee to execute the
attached contract with Gregory B. Bragg & Associates (Bragg) effective
July 1, 2009 to provide workers' cOlnpensation clailns adlninistration services.
The total an10unt for the first year of the contract will not exceed $250,000.
2. Authorize the City Manager or his designee to exercise the option to renew
the contract in the amount not to exceed $260,000 for the second year; and in
the third year by an alnount not to exceed $273,000, provided Bragg is
responsive to the City's needs and the quality of its work is acceptable during
the tenn of the contract.
BACKGROUND
Proj ect Description
The work to be perfonned under the contract is for third-party claiIns administration
services for the City's workers' cOlnpensation prograln. These services are currently
provided by Gregory B. Bragg & Associates (Bragg). These services include: the
processing of all workers' cOlnpensation claiIns in accordance with applicable Labor
Code regulations; engaging services related to the investigation and defense of claiIns;
engaging the services of appropriate Inedical providers; detennining what benefits, if any,
should be paid; handling all the necessary fonns in each reported claiIn; and performing
all tasks in a tilnely manner as required under California workers' cOlnpensation laws.
The tenn of the current contract with Bragg ends on June 30, 2009.
As it is the City's obligation to ensure that achninistration of the workers' cOInpensation
progratn is nlanaged in the Inost effective Inanner, the City requested proposals froln
other claims adIninistrators to see what alternatives other finns had to offer.
DISCUSSION
Selection Process
Staff sent a request for proposals to five finns on March 9, 2009. The proposal period
was twenty-three days. A total of seven firms subInitted proposals ranging between
$240,000 to $285,000. A selection advisory cOlmnittee consisting of HUInan Resources
staff and a claitns auditor reviewed the proposals. The proposals were carefully reviewed
in response to the Request for Proposal relative to the following criteria:
III Public agency experience, specifically with California Labor Code 4850 public
safety officers benefits (Labor Code 4850 provides injured public safety
eInployees with salary continuation up to one year in lieu of temporary disability
and requires additional handling and knowledge);
iii Stability of ownership and Inanagement experience;
III Ability to provide innovative programs and services;
II Superior reporting technology and online capabilities; and
III Custolner service capability.
Gregory B. Bragg & Associates has an exhaustive list of California cities they work with
and thus are able to offer knowledge and resources to meet the needs of the City's
workers' cOInpensation program. Claitn frequency and cost have decreased in the past
three-year period and this is attributed to the diligence of Bragg claitn staff and the
partnership established with the City's risk Inanagelnent staff. While the new clailn total
is not yet available for 2008-2009, the previous two year totals of new clailn frequency
decreased froln 143 in 2006-2007 to 133 in 2007-2008. The total clailn cost decreased by
22 percent. In addition, Bragg has provided a computer systenl with superior features
and reporting capabilities that other third-party adnlinistrators have not offered.
Specifically, Bragg would be able to provide reports that the City Auditor has
recommended Risk Managelnent provide to City Inanagers. Finally, Bragg has a
cOInmitInent to identifying and defending fraudulent clailns that has exceeded the City's
expectations. The tealn successfully referred two claitns that were prosecuted by the
District Attorney, sending the strong Inessage that fraud has serious repercussions. Bragg
was selected because it delnonstrated its ability to provide a high level of quality,
innovative services and results in its clainls adIninistration services not evident by the
other proposals submitted.
RESOURCE IMPACT
Bragg will charge a flat not to exceed $250,000 for the first year of the contract. The
fees for the second year will not exceed $260,000 and the third year 'will not exceed
$273,000. The total cost for this contract increases by approxilnately one and one-half
percent fronl the CUITent tlu'ee-year contract. Funding for this agreenlent is currently
provided in the Fiscal Year 2010 and 2011 budgets in'the anlount of $269,000 for each
year. Based on the not to exceed actual alnounts of the new contract, the City will
experience a $28,000 savings over the next two-year budget period.
POLICY IlVIPLICATIONS
This reconunendation is consistent with current City policies.
ENVIRONMENTAL REVIEW
This is not a project requiring review under the Califonlia Enviromnental Quality Act
(CEQA).
ATTACHMENTS
A: Agreelnent No. C10131030
B: Exhibits to Agreelnent
PREPARED BY: Sandra T .R. Blanch, Assistant Director, HUlnan Resources
DEPARTMENT HEAD:
RUSS CARLSEN I
Director of Human Resources
CITY MANAGER APPROVAL: ---~~~~-=--'f--f-:;;...~f--~~--
JAMES
C1v1R:30 1 :09 Page 3 of3
crry OIT PALO ALTO CONTRL\.CT . CI0131030
AGREElVIENT BETvVEEN TI-IE CITY OF PALO ALTO AND
GREGOH.Y B. BRAGG and ASSOCIATES FOR PROFESSIONAL SERVICES for
ADMINISTRATION TIlE CITY OF PALO ALTO -INSURED vVORICERS
CO]\1PENSATION PROGRAl\1
This is entered on this of July, 2009,
between CITY OF PALO ALTO, a California chartered Inunicipal corporation ("CITY!!), and
GREGORYB. and ASSOCIATES, a CalifOlnia Corporation, located at One Siena Gate
Plaza, Roseville, CA 95678. (PH) (916)783-0100 CCONSULTANT1!).
RECITALS
follo'wing are a substantive portion of this
A. CITY intends to its CUlTent Insured Workers' COlnpensation Progrmn
("Project") and desires to a consultant to provide serVIces workers'
cOlnpensation third party adininistration ("Services").
CONSULTANT has that it the necessary professional
qualifications, capability, V'-'L.1.uvw and/or certifications to provide
C. CITY in reliance on these representations desires to CONSULT ANT to provide the
as more fully described in C.'A", attached to n1ade a pati Agreelnent.
NOW, THEREFORE, in consideration of the recitals, covenants, and conditions,
Agreen1ent, parties
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perfon11 Services described in
Exhibit accordance the tenns conditions 0r"-11-(")1,"\""r! The
perforn1ance of all Services be to the satisfaction
The tern1 Agreelnent fron1 the date full execution June 30, 2010,
tern1inated earlier pursuant to Section 19 of this Agreen1ent. CITY
to t\vo additional one periods.
Time is of the essence in perfonnance of
Services under this CONSULTANT shall complete the within the ternl of this
Agreenlent and in accordance 'with the schedule set forth in Exhibit "B", attached to and nlade a paIi
of this Agreenlent. f-\ny Services for \vhich times for performance are not specified in this Agree111ent
shall be cOlllinenced and completed by CONSULTANT in a reasonably prolnpt and timely manner
based upon the CirCU111stances and direction C0111nlUnicated to the CONSULTANT. CITY's
agreenlent to extend the ternl or the schedule for periOTI11anCe shall not preclude recovery of danlages
for delay if the extension is required due to the fault of CONSULTANT.
The conlpensation to be paid to
CONSULTANT for perfornlance of the Services described in Exhibit , including both paY111ent
for professional services and reinlbursable expenses, shall not exceed:
For Year One: two hundred fifiy thousand dollars ($250,000.00);
If applicable, for Year Two: two hundred sixty thousand dollars ($260,000.00);
and Year Tlu-ee: two hundred seventy thTee thousand dollars ($273,000.00).
The applicable rates and schedule of paYInent are set out in Exhibit "C", entitled
"COMPENSATION," which is attached to and nlade a part of this Agreement.
Additional Services, if any, shall be authorized in aCCOrdaI1Ce with and subject to the provisions of
Exhibit "C". CONSULTANT shall not receive any conlpensation for Additional Services perfOTIllCd
without the prior written authorization of CITY. Additional Services shall mean any work that is
deternlined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
In order to request paynlent, CONSULTANT shall subnlit nlonthly
invoices to the CITY describing the services periornled and the applicable charges, including
reinlbursable expenses, based upon the CONSULTANT's amlual compensation (set f01ih in Exhibit
"C"). The infonnation in CONSULTANT's payment requests shall be subject to verification by
CITY. CONSULTANT shall send all invoices to the CITY's project Inanager at address
specified in Section 13 below. The CITY 'will generally process and pay invoices within thirty (30)
days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
perionned by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perionll the Services required
by this Agreelnent and that the personnel have sufficient skill and experience to perfoml the Services
assigned to theln. CONSULTANT represents that it, its employees and subconsultants, ifpernliUed,
have aIld shall l11aintain during the term of this Agreement all licenses, pennits, qualifications,
insurance and approvals of whatever nature that are legally required to perfonn the Services.
All of the services to be furnished by CONSULTANT under this agreement shall Ineet the
professional standard and quality that prevail anlong professionals in the SaIne discipline and of
similar knowledge and skill engaged in related work throughout Califonlia under Sa111e or sinlilar
c ircull1staIl ce s.
3 Professional Services
Rev. January 2009
S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contracts\ClO131030 Greg Bragg-Workman's Comp\Contract
Document.doc
SECTION 7. COlVIPLIA.NCE WITH LAWS. CONSULTANT shall keep itself informed of and
in c0111pliance 'with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any rnanner the Proj ect or the perforn1ance of the Services or those engaged to perfon11
Services under this Agreement. CON SULTANT shall procure all pennits and licenses, pay all
charges and fees, and give all notices required by law in the perfonnance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULT ANT shall conect, at no cost to CITY, any and
all errors, on1issions, or an1biguities in the work product subn1ittecl to CITY, provided CITY gives
notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design
dOCUlnents to construct the Project, CONSULTANT shall be obligated to correct any and all enol'S,
Olnissions or an1biguities discovered prior to and during the course of construction of the Project.
This obligation shall survive teI111ination of the Agreelnent.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estilnates of probable construction costs at each phase of
design submittal. If the total estilnated construction cost at any submittal exceeds ten percent (l 0%)
of the CITY's stated construction budget, CONSULTANT shalllnake recOlnmendations to the CITY
for aligning the PROJECT design with the budget, incorporate CITY approved recommendations,
and revise the design to Ineet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is lmderstood and agreed that in perfom1ing
the Services under this Agreelnent CONSULTANT, and any person eInployed by or contracted with
CONSULTANT to furnish labor and/or n1aterials under this Agreelnent, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are n1aterial considerations for this Agreen1ent. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations
hereunder without the prior written consent of the CITY n1anager. Consent to one assigm11ent will
not be deelned to be consent to any subsequent assignInent. Any assignment Inade without the
approval of the CITY Inanager will be void.
SECTION 12. SUBCONTRACTING.
CONSULTANT shall not subcontract any portion of the vvork to be perfoI111ed under this Agreelnent
without the prior written authorization of the CITY Inanager or designee.
CONSULTANT shall be responsible for directing the work of any sub consultants and for any
compensation due to subconsultants. CITY assun1es no responsibility whatsoever concerning
cOInpensation. CONSULTANT shall be fully responsible to CITY for all acts and Olnissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the CITY Inanager or his designee.
4 Professional Services
Rev. January 2009
S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contracts\Cl 0 131030 Greg Bragg-Workman's Comp\Contract
Document.doc
CONSULTANT will assign Randall Slnith,
President, as the Project Director to have supervisolY responsibility the performance, progress)
and execution of the Services and Karen Callahan, Vice President ofClain1s, as the Project IYfanager
to represent CONSULTANT during the day-to-day 'work on the Project. If circumstances cause
substitution of the project director, project coordinator, or &'1Y other key personnel for any reason, the
appointlnent of a substitute project director and assignn1ent of any key new or replacelnent
personnel will be subj ect to the prior written approval of the CITY's proj ect n1anager.
COl\SULTANT, at CITY's request, shall pro111ptly relnove personnel vv'ho CITY finds do not
perform Services in an acceptable n1anner, are uncooperative, or present a threat to the adequate
or tin1ely completion of the Proj ect or a threat to the safety of persons or property.
The CITY's project n1anager is Sandra Blanch, Hun1an Resources Depart111ent, 250 Han1ilton
Avenue, Palo Alto, CA 94303, Telephone: 650-329-2294. The project n1anager will be
CON SUL T ANT's point of contact with respect to perfonnance, progress and execution of the
Services. The CITY may designate an alternate project manager from time to tilne.
SECTION 14. OWNERSI-IIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, doculnents,
other Inaterials and copyright interests developed under this Agreen1ent shall be and ren1ain the
exclusive property of CITY without restriction or lilnitation upon their use. COt~SULTANT agrees
that all copyrights which arise fron1 creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all clailns to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its contractors, ifany, shall n1ake
any of such n1aterials available to any individual or organization without the prior written approval of
the CITY Manager or designee. CONSULTANT n1akes no representation of the suitability of the
work product for use in or application to circulnstances not conten1plated by the scope of work
~;,..;;;"...:;;".;;;;;...;;:;....:;..;.....;;;:..;;;;..;;....;;;..;;:...=...;;;;..;;;;.,.;~_ CONSlTLTANT will pennit CITY to audit, at any reasonable tillle during
the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to
n1atters covered by this Agreen1ent. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the expiration or earlier tennination of this Agreement
[Option A applies to the following design professionals pursuant to Civil Code Section
2782.8: architects; landscape architects; registered professional engineers and licensed
professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall
protect, indemnify, defend and hold harn1less CITY, its Councilillembers, officers, employees and
agents (each an "Inden1nified P31iy") fron1 and against any all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
costs 311d expenses whatever nature including attorneys fees, experts fees, court costs and
disbursen1ents ("Clain1s") that out of, pertain to, or relate to the negligence, recklessness, or
willful n1isconduct of the CONSULTANT, its officers, eillployees, agents or contractors under this
Agreel11ent, regardless of \vhether or not it is caused in part by an Indemnified Party.
~(OptiOl1 B applies to any consultant who does not qualify as a design professional as defined
in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall
protect, indelnniiy, defend and hold harnlless CITY, its Councillnenlbers, officers, enlployees and
agents (each an ;;Indelnnified Party") frOln and against any and all delnands, claims, or liability of
any nature, including death or injury to any person, property dmnage or any other loss, including ali
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disburselnents ("Clainls") resulting from, arising out of or in any manner related to perfonnance or
nonperfor1Ylance by CONSULTANT, its officers, en1ployees, agents or contractors under this
Agreenlent, regardless of \vhether or not it is caused in part by an Indelnnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indenlnify an Indenlnified Pmiy fronl Clainls arising fronl the active
negligence, sole negligence or willful nlisconduct of an Indelnnified Party.
16.3. The acceptance of CONSULTANT's services and duties by CITY shall not
operate as a waiver of the right of indelnnification. The provisions of this Section 16 shall survive
the expiration or early tennination of this Agreement.
SECTION 17. WAIVERS. The waiver by either pmiy of any breach or violation of any covenant,
term, condition or provision of this Agreenlent, or of the provisions of any ordinance or law, will not
be deelned to be a waiver of any other tenn, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the sanle or of any other term, covenant, condition, provision,
ordinance or 1mi\'.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and nlaintain, in full
force and effect during the ternl of this Agreelnent, the insurance coverage described in Exhibit liD II •
CONSUL TANT and its contractors, if any, shall obtain a policy endorsenlent nmning CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided tlu'ough carriers
with AM Best's I(ey Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perfonn Services under this Agreement will obtain and lnaintain, in full force and effect
during the ternl of this Agreelnent, identical insurance coverage, nmning CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be flIed with CITY conculTently
with the execution of this Agreement. The certificates will be subj ect to the approval of CITY's Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY's Purchasing Manager during the entire term of this Agreelnent.
6 Professional Services
Rev. January 2009
S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER -CM FOLDERS\KATHY\Contracts\C 1 0131030 Greg Bragg-Workman'S Comp\Contract
Document. doc
18.4. The procuring of such required policy or policies of insurance vlill not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indenmification provisions
of this Agreen1ent. Notwithstanding the policy or policies of insurance, CONSULTANT \ivill be
obligated for the full and total an10unt of any damage, injury, or loss caused by or directly arising as
a result of the Services perforn1ed under this Agreelnent, including such dan1age, inj ury, or loss
arising after the Agreelnent is tenninated or the tenn has expired.
SECTION 19. TERrvIII~ATION OR SUSPENSION OF AGREEI\1ENT OR SERVICES.
19.1. The CITY n1anager n1ay suspend the perforn18.l1ce of the Services, in whole or
in part, or tenninate this Agreement, with or vvithout cause, by giving ten (10) days prior written
notice thereof to CONSULTANT . Upon receipt of such notice, CONSULTANT will in1n1ediately
discontinue its performance of the Services.
19.2. CONSULTANT may ten11inate this Agreement or suspend its perfOlmance of
the Services by giving thiliy (30) days prior written notice thereof to CITY, but only in the event of a
substantial failure of perforn1ance by CITY.
19.3 . TJpon such suspension or tem1ination, CO]\JSUL Ti~l.NT shall deliver to the
CITY Manager ilnn1ediately any and all copies of studies, sketches, drawings, cOlnputations, and
other data, whether or not completed, prepared by CONSULT ANT or its contractors, if any, or given
to CONSULTANT or its contractors, if any, in com1ection with this Agreen1ent. Such n1aterials will
become the property of CITY.
19.4. Upon such suspension or tennination by CITY, CONSULT ANT will be paid
for the Services rendered or Inaterials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or tennination; provided,
however, if this Agreelnent is suspended or terminated on account of a default by CONSULTANT,
CITY \ivill be obligated to compensate CONSULTANT only for that portion of CONSULTANT's
services which are of direct and immediate benefit to CITY as such determination may be Inade by
the CITY Manager acting in the reasonable exercise of his/her discretion
19.5. No payment, partial payn1ent, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreen1ent.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified n1ail, addressed as follows:
To CITY: Office of the CITY Clerk
CITY of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
7 Professional Services
Rev. January 2009
S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contracts\CI0131030 Greg Bragg-Workman's Comp\Contract
Document.doc
\Vith a copy to Purchasing Manager
To CO~SlJLTANT: Attention of the project director
at the address of CONSULTANT recited above
21.1. In accepting this Agreenlent, CONSULTANT covenants that it presently has
no interest, and v"illnot acquire any interest~ direct or indirect, financj al or otherwise, which would
conflict in any nlanner or degree with the perf0r111anCe of the Services.
21.2. CONSUL T ANT further covenants that, in the perfonnance of this Agreement,
it will not enlploy subconsultants, contractors or persons having such an interest. CONSULTANT
celiitles that no person who has or will have any financial interest under this Agreenlent is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Goven1ffient Code of the State of California.
21.3. If the Proj ect Manager detennines that CONSULTANT is a "Consultant" as
that tenn is detlned by the Regulations of the Fair Political Practices Comnlission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure doculnents required by the
Palo Alto IVIunicipal Code and the Political Refonn Act.
As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the perfonllance of this Agreement, it shall not
discrinlinate in the enlploynlent of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, Inarital status, fanlilial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrilnination
Requirements and the penalties for violation thereof, and agrees to meet all requirelnents of Section
2.30.510 pertaining to nondiscrilnination in employnlent.
~~~~~..:!::!;!;...:~~~..!.!;;!;;;~~::!:!::!,,;!;....;!,...!;.!;;!:~~~~,,!::::,,:!,:~~~.!..::;;;!. The CITY of Palo Alto
is a green business and works to purchase and provide products in an envirmunentally sustainable
luanner. CONSULTANT 'will use production nlethods that reduce waste and environnlentally toxic
products, as well as have less packaging. CONSULTANT will adhere to the standard that printed
nlaterials will be, at a minimunl, printed on 30% post consumer recycled paper with vegetable based
ink. The designer will check with the project manager to discuss the maximum recycled content
paper available for each project. FSC (Forest Stewardship Council) certified paper that is '·process
free" is preferred. CONSULTANT will use Inethods that reduce energy use and thus the carbon
footprint for the developn1ent, production and delivery of products. CONSULTANT shall adhere to
the CITY's Envir011l11entally Preferred Purchasing policies as nlay be amended fr01n time to tilne.
8 Professional Services
Rev. January 2009
S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contracts\CI013I030 Greg Bragg-Workman's Comp\Contract
Document.doc
24.1. This Agreelnent "will be governed by of State California.
24.2. In event that an action is brought, the patiies agree that trial of such action
be vested exclusively in the state courts of California in the County Santa Clara, State
California.
The prevailing party in action brought to enforce the provisions this
Agreelnent nlay recover reasonable costs and attorneys' fees expended in connection with that
action. The prevailing paliy shall entitled to recover an alnount equal to fair n1arket value
services provided by attorneys employed by it as "veIl as at1y attorneys' fees paid to third
parties.
24.4. This document represents the entire and integrated agreement between the
patiies and supersedes all prior negotiations, representations, and contracts, either written or oral.
This docun1ent may be all1ended only by a written instrull1ent, which is signed by the parties.
24.5. The covenants, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, adn1inistrators, assignees, and consultants of the
parties.
24.6. a court of cOlnpetent jurisdiction finds or rules that any provision of
Agreelnent or any an1endn1ent thereto is void or unenforceable, the unaffected provisions of this
Agreen1ent and amendn1ents thereto will remain in full force and
24.7. All exhibits refened to in this Agreement and any addenda, appendices,
attachn1ents, and schedules to this Agreelnent which, from tin1e to time, may refened to any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreen1ent.
24.8. This Agreement is subject to the fiscal provisions of the Charter of the
of Palo Alto and the Palo Alto Municipal Code. This Agreement will tenninate without any penalty
(a) at the end of any year in the event that funds are not appropriated for the following fiscal
year, or (b) at at1y time within a fiscal year in the event that funds are only appropriated a pOliion
of the fiscal year and funds this Agreement are no longer available. Section 24.8 shall
precedence in event of a con±1ict with any other covenant, tern1, condition, or provision this
Agreement.
9 Professional Services
Rev. January 2009
S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contracts\Cl 0 131 030 Greg Brugg-Workman's Comp\Conlract
Document. doc
!4i002
24.9. The individuals executing this Agreclrtent represent and warrant that they
have the legal capacity and authority to do so OIl behalf of their respective legal entities.
24.10 All W1checked boxes do not apply to this agreelnent.
IN WITNESS W}IEREOF, the parties hereto have by their duly authorized
representatives executed this Agreelnent on the date first a.bove written.
CITY OF PALO ALTO
o City Manager (Required for
contracts over $85,000) o Purchasing Manager (Required for
contracts over $25, 000)
DContracts Administrator (Required for
contracts under $25,0000
APPROVED AS TO FORM:
Senior Deputy CITY Attorney
Attachments:
EXHIBIT "A": SCOPE OF WORK
GREGORY B. BRAGG and ASSOCIATES
By:r(~ c...k~
Name: ~~.4-{...l.. <--S.rh l~
Title: ' <.f!t eSt 0 c ~ (J
EXHIBIT "B":
EXI-IIBIT "C":
SCHEDULE OF PERFORMANCE
COMPENSA TION
EXHIBIT ~'D'"): INSURANCE REQUIREMENTS/CERTIFICATE of INSURANCE
10
Professional Services
Rev. January 2009
S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contracts\C 1 0 131 030 Greg Bragg-Workman's Comp\Contract
Document.doc
EXHIBIT A
EXHIBITB
EXHIBIT C
EXHIBITD
ATTACHMENT B
EXHIBITS TO AGREEEMENT
Scope of Services Workers' COlnpensation Progranl Adnlinistration
Schedule of Perfonnance
COlnpensation
Certificate of Insurance
EXHIBIT A
SCOPE OF SERVICES
WORYiliRS' COMPENSA1rION PROG~i ADl:1INISTRP .. TION
o s Scope of Se s is to ere that the CITY
agrees on the service leve s outlined herein this
in an effort to maint the highest cus orner service
standards to the benefit of the CITY.
I. INTRODUCTION
C TY of Pa 0 (CITY),
compensat in the Stat 0 i
self insurance (Certificate #7102)
this Scope of S ces, Gregory B.
shall ster the Workers'
Palo Alto, in accordance with the terms
set forth in s scope 0 s ces.
workers'
a on of
excess coverage. Under
& Associates ( )
of the CI?Y 0
this and as
I . CLAIMS MANAGEMENT IREMENTS AND SCOPE OF SERVICES
CONSULTANT s:
A. To , on behal 0 the CITY, all s 0 st
Ilness relating to CITY oyees and ed to
B. To engage the services 0 person(s) or firm(s) other than
1
, upon en approval from the CITY, for s ces relating
to the stigation and de e of claims, and to coordinate
services ancillary to cIa
C. To in a time and accurate manner, on behalf of
the CITY, what benefits, if any, should be or rendered under
the applicable workers' compensation laws in each ed claim;
D. To pay compensat on, medical expenses, Allocated Loss
es, and other benefits as pres d by law out of funds
ded by the ITY;
E. To rna ain a cIa fil on each ch shal
be available to the CITY at all times ion and to
, at a t and to be determined the C TY,
claim ile ews with the CITY at a location to be determined
the CITY;
F. To aggressively handle s ion c~ against
responsible parties order to preserve the CITY's right to
recove y;
11 Professional Services
Rev. January 2009
S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contracts\Cl 0131030 Greg Bragg-Workman's Comp\Contract
Document.doc
G. To consult with
unction with the
ect matter of s
H. To provide 211
e cient operation
including customiz
to prepare and file
necessary
of the Wor
checks be
all legally
the CITY on any
the CITY which i
rms
rs'
anc supplies for
COBpensation
the CITY name
red forms and
the CITY of Palo Alto
in
e I. The examiner ass
the CITY's program
other accounts. The
experience and a
y and will not be
shall have a
of two years 4850
to any
years
s other
than these zed by the CITY.
J. Supervisor(s) manager(s) must have a of ten (10)
years of
be SIP
supervising workers'
of contract start t
and
K. The CITY reta the right to control the selection of
all legal, nurse case
responsibil y for
Assistant rector
and t ive services. The
such s ces sha 1 be vIi th the
and/ or the CITY Safety Officer. The
contractor's cl
services.
shall the vendor
L. CITY the right to control the selection of subrogation
sive subrogation ces are desired as
M. ed tation Representat
services
the approva
Officer.
lity of Bragg with
N
with any
that
reassign
noti
allow the
shall be notified p
ims person assigned to
, at any time during this
any person ass
CITY prior to reass
CITY to be involved
CITY of Palo Alto
selection of
to the account;
O. n the event that the CITY, at
this , is dissatisfied
to the account, the CITY will not
and/or the CITY
to any staffing
the account. In the event
, intends to
to the account, Bragg
of any staff member and
s on-making process.
the right to
and assistant
1
time during the term of
claims person assi
of their
diss s If after 60 s from not fication, the CITY
still dissat sfied, Bragg shall remove said person ass
12 Professional Services
is
Rev. January 2009
S:\ASD\PURCH\SOLlCITATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contracts\C10I31030 Greg Bragg-Workman's Comp\Contract
Document. doc
ate rece written noti cation rom the CITY of
the desire for the removal of person;
To
logs, check
the CITY
sters, ris
er-generated loss runs, case
s and any other
s requested by
the C TY;
re to be
Q. To biannually a loss for a that have had
no act y for the six months;
R To provide monthly, a cl as
described the TY two weeks or less after end of the
period but not ed to: workers'
compensation cl ; workers' compensation
year claim summary summary modi
duty, status report; and summary
S. To utilize a third y vendor, upon the 0 the
CITY, to and cost control, all and drug
bills and to assist the CITY with trial medical
cl itals will CITY with a
(PPO) discount at fees less than the
Fees Schedule (IFS), and to an zed 1 st
medical s result from at a
fre 0 be ned by the CITY;
T. 0 utilize a third party vendor, upon
o the CITY, to Utilization Review s
approval
stent
with ACOEM s and the Cali Labor Code
, duration and appropriateness of all services
the claim life, and to an it zed list of al medical
s s result from , at a to be
deter~ined by the CITY;
U. To subscribe to f of CITY, enrollment in
the Index Bureau em
compensation cl in Cali
Bureau each and every Indemnity claim
V.
of
To provide toll-free "800"
C TY to contact
cIa ion; and
the CITY, for workers'
to to the Index
led;
numbers for emp s
questions or concerns
W. To a ete and detailed electronic convers o
a 1 claims data.
X. To coordinate and file meetings CITY staff
and cl s on a y basis and attend ional
th other C TY staff as red.
13 Professional Services
Rev. January 2009
S:\ASD\PURCH\SOLlClTATiONS\CURRENT BUYER-CM FOLDERS\KATHY\Contracts\Cl0131030 Greg Bragg-Workman'S Comp\Contract
Document.doc
III. SPECIAL CLAIMS HANDLING SERVICES
agrees to
rvice:
A. To establish I
upon receipt of
5020) from the CITY.
de the fo
Lost T
Fi st
cial CIa
five (5)
ury (Form
The def ion of an y Claim shall be an indust al
ury or illness c
are claimed:
im for which 0 the fol benefits
1. Temporary sabi ty
2. Permanent Disability
3. fe Pension
4. Death;
B. To r with the Ass stant HR
quesLlons, s, 0 issues
assist CITY rtment managers and
quest ,concerns, or issues invo
C. To ate y not the Assistant rector, by
and to
a copy 0 a Reserve ation , of any reserve
s over twenty-thousand dollars ($20,000.00);
To review and obtain advance notice by
Assistant rector 0 HR or CITY Saf Officer of any Claim
Is;
E. To close aims within twelve (12) months from
the date 0 injury or twelve ( 2) months from last day
treatment. The C TY 11 be updated on closures thi (30)
days. to this rement sha 1 be reported in writing
to the CITY;
F. To confer Ass stant Director of HR or Safety
Officer as the ions arise:
To a Vocat Rehabilitat Plan for injuries to
(Year to be det
To refer a claim to a law firm or att
To approve surveil ances, sub rosa, or other t ions
To obtain settlement autho y over fteen-thousand dollars
($15,000.00) ;
G. To ly ac edge rece of il and email
messages within 24
4 Professional Services
Rev. January 2009
S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contracts\Cl0131030 Greg Bragg-Workman's Comp\Contract
Document. doc
rt.
wi
To consis errtly leve 0 custome~ s rvice
CITY staff and injured c· Jr
To ly furnish the or Safet fficer wall recuired
ma~erl papers, which consist of but shall ~ot be imited to:
lications and Other Legal Documents
Work Rest s
Letters from
Vocational
Private nvestigation Summa
t Notices
a of Claim Not s
s
s, as needed,
Retirement;
cases an Indus al
v . To to the C TY for approva and c sure within
(5)
Rat
of rece of written notice, all undi Advisory
K. To the CITY a check
expense report that ba s with the monthly loss
report. These reports will be sent no later than ten (10) days
fol the end 0 each month to the Assistant Director 0
To establ h controls
the cost of defense.
procedures 0 manage and
IV. S IAL CLAIMS HANDLING SERVICES OF THE CITY
The CITY agree to provide the al claims hand:J..
se s:
A.
indust
ly report to al s of
uries or illnesses;
B. To
notices, or any
stration;
forward to
egaJ... corre
a 1 applicat
perta
s, reports,
to claims
C.
empl
v\Tor
applicable, to make all att s poss to assign
Palo Alto s to modi ed duty pursuant to the CITY 0
rs' Compensat Modified Duty Policy;
D. To make available to
or services for industr 1
pay all Allocated
in
of claims, inc
ustment,
liti i
funds for the payment 0 benefits
or illnesses;
ses de : all losses
, settlement, or resist
expenses; and
15 Professional Services
Rev. January 2009
S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KATHy\Contracts\Cl 0 131030 Greg Bragg-Workman's Comp\Contract
Document. doc
F. To pay all s ce fees as prescribed and
Exhibit B -Fee Schedule.
V. PROGRAM MANAGE01SNT
A.
fol
The Claims rvisor shall be responsible for the
1. Review and assign
2. Review to
firm is
whethe
3. to det
new claims;
referral to outside sti ion
will each review
or not;
if referral to defense counsel is
of the fol occur:
a.
b.
c.
d.
e.
f.
g.
h.
icant representat
Serious and Wil Misconduct
scovery 0 sitions, etc
that may to be resolved by the WCAB
ions
value over $25,000
The sor 11 document every cla file which one or
in
more of the above criter sts cat whether 0 not the
cl s be referred to defense counsel and the reas ng for
the referral;
4. Oversee the deve 0 the cl examiner's action an
in those cases in which ous alternat be appropriate.
Supe sor will contact the CITY of Palo Alto by tel
email to cate the need to cons r alternat
options their or concurrence;
5. e and attend file review meetings with CITY staff
and claims sta on a er y basis and attend 1
meetings other CITY sta f, as necessary; and
6. Establish a personal relat with the pr medical
vendors used the CITY of Palo Alto and maint a professional
rapport and ongoing cat to discuss issues as necessary.
B. S or Cl
following:
1. o make initi
Examiner shal be responsible for the
contact with all
16
ured workers by
Professional Services
Rev. January 2009
S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATI-fY\Contrac1s\CI0131030 Greg Bragg-Workman's Comp\Contract
Document. doc
tel
contac::
(2 )
2.
fol
del
a.
b.
c.
sab I
twenty-four (24) hours
y claim from C
be :made \Ali th the
council. Dates,
s must be documented
ured workers
unless t,he
e
tt~e date
ain benefits and
ation claim
Follow-up
at least every
r re~ains off wor
details of all
file;
when any of the
is represented:
the delay process when claims are aced on
the reason for denial
a permanent and stationary
and rat
is denied;
, permanent
3 . To contact the CITY on delay cIa o action
plan;
4 . "he cIa shall adhere to the fol three-tier
s em:
cal reatment a.
util z
icians:
most appropriate
medical schedul service or authorized
b.
modified
1 therapy treatment shal
authorized at facilities located in Palo Alto
unl ss otherwise approved by the Assistant
D ctor of HR or Safety Officer;
2. In order to expedite proper s soan
s
the claims examiner will have
to authorize initial
s MRI's, CT Scans,
s referral
status shall
Claims examiners
duty for al C
communication 1 provider and;
e
verba_
c. oyees fied work status shall be
their usual and customary duty status as soon as poss
to
5. In all cases, the cl
maintain medical control 0
examiner must att to ga and
cases per labor code 4600 unless a
17 Professional Services
Rev. January 2009
S:v\SD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHy\Contracts\C1013 1030 Greg Bragg-Workman's Comp\Contract
Document. doc
ician's statement is on fi e
by the
or wr
icant.
en
physi s
VI. cos GUAPu.Z\NTEE
agrees:
e the CITY 0 Palo Alto at least a A. To
closure ratio in each calendar year of service
treat
i
this
contract. this goaL is not wi ~ credit the
C 7Y of Palo Alto $5,000.00 of the annual service fee.
ee the CITY 0 Pa 0 to that at least 32 0 the
ed during year wi be closed by
the end
will
fee.
the service year. If this goal is not attained,
the CITY 0 Palo Alto $5,000.00 of the annual s
VII. PENALT ES
Penalt es
(WCAB); the
sed by the Workers'
rtment of
~7orkers ' uH,~"udation, the Federa Government, or
forum in the State of Cal
al of claims shall be the respons
ed as a result of actions taken by
express written direction of the CITY.
Board
any
fornia,
1 y of
at the
ed as a result of of
ibil Y of if no formal request for
was by or from the Ass stant rector 0 HR.
of
1
Penalties imposed as a result of her party's to y
with the strat rules, ions and the Labor Code of
the State of California shall be the responsibility of the
culDable
the C with a erly account 0 all
on behalf of the CITY,
pena and the fic
y Penalties
out of the CITY's bene account and shall then e
the CImy hin thirty days (30) of the issuance of the
and fines report, for those penalties and fines which are the
lity of Bragg under the terms and condit of this
8 Professional Services
Rev. January 2009
S :\ASD\PU RCH\SOLlCIT A TlONS\CURRENT BUYER -CM FOLD ERS\K,t\ THY\Contracts\C 1 013 1030 Greg Bragg-Workman's Comp\Contract
Document. doc
EXHIBIT "B"
SCI-IEDULE OF PERFO~'\1ANCE
CONSULTANT shall perform the Services so as to cOlnplete the necessary Tasks in a tilnely
111mmer and to the reasonable satisfaction of the CITY.
Claims ReQorting
All new losses are entered in our claims ~nanagcment software within one working day.
We promptly prepare and provide benefits and the appropriate notices within thc time
periods mandated by the Departmcnt of Industrial Relations. \Vithin 24 hours of claim
receipt, three-point contact is made to the employee, employer and physiciari. As many
injured workers are unfamiliar with the Workers' Compensation system, claims
examiners use their initial conversation with to provide a detailed description of workers'
compensation benefits and answer any questions the injured worker may have regarding
this process. Temporary disability benefits are paid upon verificatiortof lost time with
the City and if the medical treatment provider supports the lost time as being related to
the injury. Bragg also tracks LC 4850 employees and their benefits. In addition, Bragg
provides computer system capabilities to include the availability of the City to make
temporary disability payments through the normal City payroll system.
Bragg will follow ail procedures . and use appropriate forms to report claims to, and
request reimbursement from, the Excess Carrier according to the specific policy
guidelines.
Bragg will provide on-line secured computer access to view claim notepads and
correspondence as well as electronic transmission . of the Employer's Report of
Injury/Illness (5020). The on-line 5020 reporting module is proprietary to Bragg.
Communication
In our continuing effort to maintain open and effective communication between
unrepresented. employees and the Citj, we contact injured workers on a bi-monthly basis
during their period of lost time from work. Injured workers are encouraged to contact
the claims staff at any time to discuss questions or concerns regarding their claim. Our
toll-free phone number and email address are included on all correspondence.
Communication with the injured worker is maintained throughout the life of their claim.
Bragg's claim team will continue to provide prompt and responsive communication with
the City on an ongoing basis. Telephone calls are returned as soon as possible, but in all
cases within 24 hours. We encourage the Bragg claims team to communicate whenever
the complexity of the claim changes, but the status report, prepared by the Examiner, is
in addition to this ongoing communication. The Claims Examiners continually strive to
develop a plan for case closure. Therefore, each status report identifies their plan for
resolving the ongoing issues specific to the claim.
In order to provide an immediate response on urgent claims, the following protocol is
utilized.
19 Professional Services
Rev. January 2009
S:\ASD\PURCH\SOLICLTATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contracts\ClOI31030 Greg Bragg-Workman's Comp\Contract
Documentdoc
The Catastrophic Response Tealn (CRT) is notified ilnmediately following a serious
injury, death, or a high profile c1ainl. The CRT consisting of the Executive COlTltnittec
(EC) \vil1 confirm the clain1 is handled expeditiously and with compassion. This nlay
include personal visits with the client and/or injured \vorker or family member, or any
other necessary action as deemed appropriate by the client and EC member. During
business hours, these calls \-vill be routed to the receptionist who will inlmediately notify
the appropriateEC l11ember. After business hours, the answering service' wili utilize the
Ee telephone list.
20 Professional Services
Rev. January 2009
S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contracts\CIOI31030 Greg Bragg-Workman's Comp\Contract
Document.doc
EXHIBIT "C'
COlvI.L)ENSA1~ ,ON'
The CITY agrees to cOlnpensate the CONSULTANT for professional services performed to the
reasonable satisfaction of the CITY and in accordance with the tenns and conditions of this
Agreen1ent, and as set forth below. The con1pensation to be paid to Consultant under this
Agreel11ent for all services described in Exhibit "A" and reilnbursable expenses shall not exceed:
Year 1 -$250,000.00
Year 2 -$260,000.00
Year 3 -$273,000.00
CONSULTANT agrees to complete all services within this an10unt. No additional services are
authorized. Any work perfonned or expenses incuned for which paYlnent would result in a total
exceeding the n1axin1lun alnount of compensation shall be at no cost to CITY.
Costs for services ancillary to clailns adlninistration (for exan1ple, investigation costs and
Inedical costs) are charged to individual clailns.
21 Professional Services
Rev, January 2009
S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contracts\Cl0131030 Greg Bragg-Workman's Comp\Contract
Document.doc
22 Professional Services
Rev. JanualY 2009
S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contracts\C 1 0 131 030 Greg Bragg-Workman's Comp\Contract
Document.doc
ACORD. CERTIFICATE OF LIABILITY INSURANCE I
DA TE (MM/OOfYYYY)
511/2010 6118/2009
PRODUCER LOCKTON COMPANIES, LLC-1 KANS,A,S CITY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
444 W. 47TH STREET, SUITE 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
KANSAS CITY MO 64112-1906 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
(816) 960-9000 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC#
INSURED GREGORY B. BRAGG & ASSOCIATES, INC INSURER A: National Fire Insurance Co of Hartford 20478
1079747 P.OBOX2216 !NSURER 8: FEDERAL INSURANCE COMPANY (CHUBB) GRANITE BAY CA 95745
INSURER c: Valley Forge Insurance Company 20508
INSURER 0: Continental Casualty Company 20443
I INSURER E: '--THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING YORINOI XN COVERAGES INSURER'S) AUTHORIZED REPRESENTATIVE QR PRODU.Qf£LAND THE CERnFICA'fE HOLDER,
"fHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOlWlTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY 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, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L L TR INSRD TYPE OF INSURANCE POLlCY 14UMBER
GENERAL LIABILITY f-X COMMERCIAL GENERAL LIABILITY
A ==:J CLAIMS MADE [RJ OCCUR 2099497037
A
A
D
C
C
---------------------
-
GEN'L AGGREGATE LIMIT APPLIES PER: I Ixl PRO-POLICY JECT fX]LOC
AUTOMOBILE LIABILITY '1-X ANY AUTO
;-'-
ALL OVVNED AUTOS I-
SCHEDULED AUTOS --
HIRED AUTOS --
NON-OVVNED AUTOS -X $\000 DED. COMPo e-X $1000 DED. COLL.
GARAGE LIABILITY R ANY AUTO
EXCESS/UMBRELLA LIABILITY :RJ OCCUR D CLAIMS MADE
T UMBRELLA n DEDUCTIBLE ~ FORM
rxl RETENTION $ 10 000
WORKERS COMPENSATION AND
EMPLOYERS'LiABILlTY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
OTHER
No
20929'51944 (AOS)
2097362238 (lvtA)
NOT APPLICABLE
2092951975.
2092951961 (AOS)
2097327361 (CA)
POLICY EFFECTIVE
DATE (MMIDOIYY)
5/1/2009
5/1/2009
5/1/2009
5/1/2009
5/1/2009
5/1/2009
POLlCY EXPIRA'fIOt.J
DATE (MM/DDIYY)
5/112010
51112010
5/1/2010
5/112010
5/1/20 10
5/1/2010
LIMITS
EACH OCCURRENCE
~~~~~~J?E~~~~~nce)
MED EXP (Anyone person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS -COMP/OP AGG
COMBINED SINGLE LIMIT
(Ea accidenl)
BODILY INJURY
(Per person)
BODIL Y INJURY
(Per accident)
PROPERTY DAMAGE
(Per accidenl)
AUTO ONLY -EA ACCIDENT
OTHER THAN
AUTO ONLY:
EACH OCCURRENCE
AGGREGATE
EAACC
AGG
$ 1 000 000
$ 1 000 000
$ 5,000
$ tOOO 000
$ 2000,000 ,
$ 2000,000 .---
$ 1,000,000
$ XXXXXXX
.$ XXXXXXX
1 ·
$ XXXXXXX
$ XXXXXXX
$ XXXXXXX
$ XXXXXXX
$ 5 000,000
$ 5 000 000
$ XXXXXXX
$ XXXXXXX -
$ XXXXXXX:--··
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE -EA EMPLOYEE $ 1,000,000
E.L. DISEASE -POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS i · CITY OF PALO ALTO IS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT SUBJECT TO POLlCY TERMS AND CONDITIONS. ,.
CERTIFICATE HOLDER
10570387
CITY OF PALO ALTO
PURCHASING AND CONTRACTS ADMINISTRATION
250 HAMILTON AVENUE, MEZZANINE LEVEL
PALO ALTO CA 94301
ACORD 25 (2001/08)
CANCELLA TION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ 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 OfL
REPRESENTAnVES.