Loading...
SR-02-27-1979-6VAgenda Item 6 -V: Presented at this time was a contract renewing a contract for adjusting and investigating services with Brown Brothers Adjusters for the 1979 calendar year in the amount of $47,500. After discussion, Councilmember Trives moved to award Contract No. 3135(CCS) to Brown Brothers Adjusters renewing a contract for adjusting and - investigating services for the 1979 calendar year in the amount of $47,506' by Councilmember Bambrick. Council Vote: Unanimously approved 6 -0 Absent: Mayor Swink CITY COUNCIL MINUTES - FEBRUARY 27, 1979 # CHAMBERS OF FEB The uperiar Tnurt 7 1979 1725 MAIN STREET or•��.' SANTA MONICA, CALIFORNIA 90401 m MARIO L. CLINCO, JUDGE TELEPHONE (2131 870 -0170-01 31 February 26, 1979 Honorable Donna Swink Mayor, City of Santa Monica City Hall 1685 Main Street Santa Monica, CA 90401 Dear Mayor Swink: The records of my court, Department C, West District of the Superior Court, show that eight personal injury cases involving the City of Santa Monica were settled in 1978. These cases had an esti- mated total jury trial time of 60 days. I have thus been in a position to know and evaluate Richard Knickerbocker and the other attorneys of the office who appeared before me. May I therefore report the following observations. These attorneys have always been prepared for the settlement conference. Their discussions and me- oranda showed that they adequately investigated the facts and the law. They also conducted themselves with expertise, and settlements were made at amounts far less than demanded by plaintiffs' counsel and on occasion the amount paid was much less than the costs of preparing for trial. Without pre- judging or speculating on the outcome of cases, settlements were also e_rfected at the area at which the case was reasonably worth, thus elircinating the exposure of high verdicts against the City. I ar^ convinced that cases were settled by the City Attorney's Office only when it was in the best interests of the City to settle. Overall, the performance by the Santa Monica City Attorney's Office has been !;arr;ed wits, diligence and distinction. Sincerely, Mario L. Clinco / l 1rLC : e c / _ V FE9 2 7 1979 x; CA RI,K:SSS:mc Council Mtg. 02 -27• TO: Mayor and City Council FROM: City Attorney Santa Mc ca, California SUBJECT: Adjusting and Investigating Services For Civil Liability Claims Introduction FED 2 `i 1979 This staff report recommends renewal of the contract with Brown Brothers Adjusters for adjusting and investigating services for civil liability claims at a contract price of $47,500.00 for the calendar year 1979. The report contains a brief background of the basis upon which Brown Brothers was initially chosen, its current performance, and the reason for the increase in contract price. Background At the December 14, 1976 City Council meeting, the City was authorized to enter into a contract with Brown Brothers Adjusters for the calendar year 1977 at a total contract price of $34,500.00 This award followed a recommendation contained in a staff report prepared by the City Manager's Office, which analyzed the City's current and projected needs and compared the merits of propo- sals submitted by Brown Brothers ($34,500..00 for 3 stages), Bay Cities Adjustment Company, ($45,000.00 for 2 stages) and other adjusters. The report concluded that the cost of developing an in -house adjust- ing department within the City outweighed the procedural advantages of self- administration, that the cost of retaining Bay Cities Adjust- ment Company outweighed the advantage of continuity of service (and M 2 7 19711 . CA RLK:SSS:mc Council Mtg. 02 -27- Santa N. ica, California additionally noted that Bay Cities withdrew its bid), and recommended Brown Brothers as providing the most complete service at best overall cost. on January 10, 1978, the City Council moved to authorize the City Manager to award Contract No. 2440 (CCS) to retain the firm of Brown Brothers Adjusters for the 1978 calendar year at a price of $43,500.00 to provide adjusting and investigative services necessary to maintain an effective claims control program for the City of Santa Monica. Brown Brothers Performance Brown Brothers has performed their adjusting and investi- gative services in a highly competent manner. Paul Robbins, their Claims Manager, adjuster, and investigator, devotes 900 of his time to the City of Santa Monica; Investigator Jim Pasco, devotes 700 of his time; a Secretary devotes 500 of her time. The intensive attention given to the City of Santa Monica and the high quality of work per- formed by Brown Brothers is reflected in the low claims figures for the past two (2) years. In 1977, Brown Brothers paid from their trust account $51,343.00 in settlement of 181 cases, an average of $283.67 per case. Included within this figure are seven cases settled for an amount over $1,000.00 (with City Attorney approval), representing a payment of $11,850.00. Thus, Brown Brothers' average for cases, excluding those requiring City Attorney approval, is $226.00 per case. In 1978, Brown Brothers settled 274 cases for a total sum -2- CA RLR:SSS:mc Council Mtg. 02 -27• Santa Mo. _ca, California of $112,540.00, an average of $410.73 per case. Twenty -eight of those cases were settled for over $1,000.00 for a total amount of $45,038.00. Thus Brown Brothers 1978 average for cases without City Attorney approval is $274.00 per case. Brown Brothers' average settlement for 1977 and 1978 is $250.00 per case. Considering inflation and the large number of cases received, the City Attorney's Office feels that this figure is relatively low and reflective of the high quality of work and attention to the City of Santa Monica given by Brown Brothers. A detailed summary of the service rendered by Brown Brothers is set forth below: 1. Claim Control. Brown Brothers has undertaken a highly assertive role in resolving claims and potential claims. The compar- ison from January lst to June 30th for the years 1975 through 1978 is as follows: Year No. of Claims No. of Claims Settled 1975 106 15 1976 152 19 1977 167 36 1978 182 65 This represents a 43.4% increase in the number of claims from 1975 to 1976 with a corresponding 26.66% increase in the number of claims settled. When Brown Brothers took over the contract in 1977, with a 9.86% increase in the number of claims received, there was a 89.4% increase in the number of claims settled before a lawsuit was involved. Similarly, in 1978 there was an 8.98% increase in the num- ber of claims received with a corresponding 80.55% increase in the number of claims settled before a lawsuit was involved. -3- RLK:SKS:ms 1/31/79 Council Mtg: 2/27; Santa onica, California The statistical picture does not tell the whole story, of course. A reasonable hypothesis based upon the sampling would indicate that it is probable that the number of claims will eventually decrease, that the number of claims settled will increase, and that there will be a lower cost ultimately both with regard to litigation and with regard to settlement. 2. Immediate Investigation. From our experience we have found that a fully developed factual investigation of an incident provides the best weapon with which to obtain advantageous settle- ments and to prepare effective trial strategy. Robert Whipple, Claims Litigation Manager for Transit Casualty Company, the excess carrier for the municipal bus lines, undertook their annual audit of investigative files at Brown Brothers' offices this January. Mr. Whipple was very satisfied with Brown Brothers' performance in all areas, particularly in their investigation of claims. 3. Setting Reserves. Brown Brothers has applied the full expertise of a professional adjusting staff in setting realistic reserves on claims. At the direction of the City Auditor, the City Attorney's Office, and Robert Whipple at Transit Casualty, the Citv has been instructed to increase its reserves on all of its cases. Although Brown Brothers' analysis has resulted in an increase in reserves, this has no bearing except to insure that the City has sufficient amounts of capital to cover any and all judgments that may be held against it. It is the belief of the staff that the reserves are more realistic thereby establishing a more competently evaluated fiscal position for the Citv. -4- U:A RLK:SSS:mc Council Mtg. 02 -27 -7 4. Pretrial Inves Santa jni-ca, California tion. The City Attorney's Office has found the performance of Brown Brothers with reference to pre- trial investigation to be very satisfactory. Pretrial investigation includes locating hard -to -find witnesses, re- interviewing witnesses initially contacted, and making recommendations both as to medical or technical experts whose testimony may be needed. Before Brown Brothers was hired, these services were rarely provided by our previous adjusting firm and had to be obtained through the Police Department or contracted out to a private investigating firm. The staff therefore concludes that Brown Brothers has provided a very satisfactory performance in each of the pivotal areas of adjusting and investigative services during this past calendar year. Proposed Contract and Cost Brown Brothers has proposed to provide adjusting and in- vestigative services for the 1979 calendar year at a contract cost of $47,500.00. This proposed contract cost represents a 9.190 or $4,000.00 increase over the 1978 contract cost of $43,500.00. The basis for the contract price increase are the following: (a) Increased salaries and administrative cost associ- ated with the increase in the cost of living during the past year; (b) Projected 39% increase in workload based upon the current year's experience. (c) Increase in Brown Brother's rates effective November 27, 1978, their first raise in over two (2) years. The raise -5- u RLK:SKS:ms 1/31/79 Council Mta: 2/27j Santz ionica, California represents approximately 14% increase based on the accelerated inflation and cost of doing business. Brown Brothers has indicated to the City of Santa Monica that they are still experiencing a continued loss on the 1977 con- tract. Originally, their increase proposal centered on out -of- contract service for cases prior to 1977, attorney negotiations on suit cases be handled out -of- contract, the change in the de- scription of catastrophe from twenty (20) claimants to five (5) claimants, and the change from the subrogation hourly rate from $17.00 to $19.00, with a total proposed 1979 contract price of $49,500.00. The City Attorney's Office called the investigation firm that handles the account for Culver City, R. L. Kautz, and spoke with Mr. Patrick Kelley, Senior Vice President, who indicated that in his opinion the Brown Brothers' contract price was highly favorable to the City of Santa Monica. Contract negotiations with Brown Brothers resulted in the elimination of all of the requested changes except the new defin- ition of catastrophe and the change in the subrogation hourly rate. Recommendation Staff recommends that the City Council authorize the City Manager to retain the firm of Brown Brothers Adjusters for the 1979 calendar year at the price of $47,500.00 to provide adjusting and investigative services necessary to maintain an effective claims control program for the City of Santa Monica. Funding for this con- tract will be provided through the existing self- insurance funds. PREPARED BY: RICHARD L. KNICKERBOCKER ADJUSTING, INVESTIGATING AND COLLECTION SERVICES AGREEMENT THIS AGREEMENT is made this day of , 1979, between the CITY OF SANTA MONICA, a municipal corporation, hereinafter referred to as "City," and BROWN BROTHERS ADJUSTERS, a corporation in the State of California, hereinafter referred to as "Adjuster." The parties hereto agree as set forth herein below: I INITIAL PROVISIONS A. Legal Status of the City. The City is a municipal cor- poration duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. Legal Status of Adjuster. The Adjuster is a corpora- tion, duly organized, validly existing, and in good standing under the laws of the State of California with corporate power to own pro- perty and carry on its business as it is now being conducted. C. Term of Agreement. This Agreement shall become effective as of the first day of January 1979 and shall continue in effect for a period of twelve (12) months, unless sooner terminated by the City as provided for herein. II. ADJUSTING AND INVESTIGATING SERVICES A. Adjusting and Investigating Services to be Performed by Adjuster. Adjuster shall provide and perform an all- inclusive program of adjusting and investigating services for all incidents and accidents which may give rise to the imposition of legal liabil- ity upon the City, its officers, employees and /or agents because of injury to the person or property of another. Said program shall in- clude all adjusting and investigating from the occurrence of each such incident or accident through the conclusion of litigation and shall be of such nature as to minimize the amount paid on potential claims and claims filed against the City, its officers, employees and /or agents, and to assist the City in the preparation of litiga- tion and trial of lawsuits. Professional Skill Required. All such services re- quired to be provided and performed hereunder shall be in accordance with the highest degree of professional skill. C. Example of Services to be Performed. Adjusting and investigating services to be provided and performed hereunder shall include, but not be limited to, the following: immediate investi- gation of all incidents or accidents involving the City; evaluation of furnished incident reports regarding possible claims; taped in- terviews with potential claimants; taped interviews with City employees. City department heads and other possible witnesses; taped or written -2- interviews with known witnesses, development of alternative witness addresses and evaluation of witness for possible follow-up, location of other witnesses and taped or written interviews with all witnesses; procurement and evaluation of all appropriate and relevant reports, i.e., Fire Department report, ambulance call report, towing service, Police Department, Index Bureau, DMV report, et. al.; contact with claimant or claimant's attorney regarding claimant's versions, suppor- ting witnesses, medical reports, medical billing, property damage, exact location of incident, nature of City involvement, etc.; veri- fication of aforementioned information by mail, telephone, or personal contract; evaluation of medical reports; location of vehicle(s) in- volved in incidents and pictures of same; provide City with a check list of necessary additional investigation required or recommended when suit is filed; provide immediate notification to the City Attorney's Office where hospitalization of the potential claimant is indicated, where a potentially serious loss is indicated, where there exists a wide variance between the City version and other witnesses' version of the incident, or when new information is ob- tained which changes the reserve; and immediate on -scene investigation of incidents and accidents with on -scene photographs, if appropriate, when contacted for same. D. Settlement Authority. The City authorizes Adjuster to negotiate, adjust, and effect settlement of claims and potential claims against the City, and to make settlement payments on behalf of City in an amount not to exceed Two Thousand Five Hundred ($2,500) Dollars on any one claim or potential claim when, in the opinion of Adjuster, there exists liability on the part of City or such liability as exists is sufficiently certain that a compromise of the claim or -I- potential claim is advisable, and further provided that Adjuster shall obtain the approval of City prior to settling any claim or potential claim in an amount between One Thousand ($1,000) Dollars and Two Thousand Five Hundred ($2,500) Dollars and that Adjuster shall not effect any settlement for more than Two Thousand Five Hundred ($2,500) Dollars without the written approval of the City Council of the City of Santa Monica having first been ob- tained. E. Special Investigative Assistance. Upon written request of City, the Adjuster shall provide or arrange for sub rosa inves- tigation and surveillance, medical and other expert consultants, diagrams and other exhibits, independent medical examination, medi- cal reviews, and such other special legal /investigative assistance as is deemed necessary by the City. The cost of such special legal/ investigative assistance which is rendered, provided or arranged for by Adjuster pursuant to this paragraph shall be paid directly by the City or reimbursed to Adjuster by City, provided that Adjuster shall not charge City an amount in excess of the actual cost or expense which Adjuster has incurred in rendering, providing, or arranging for the provision of such assistance. III. COLLECTION SERVICES A. Collection Services to be Performed. Adjuster shall provide and perform collection services for City as set forth herein- below. W B. Evaluation for Collection Adjuster shall review all incident and police reports provided to Adjuster by City to determine (1) whether the City suffered property damage, and to evaluate (2) whether or not City has a cause of action against a third party for property damage suffered by City. C. Collection Efforts. If there is verifiable damage to City property and if Adjuster determines that exists in City's favor, Adjuster shall reques a copy of the formal work /job order, estimate documentation supporting the amount of damage Adjuster shall send three separate letters to third parties demanding payment of the amount a cause of action t and City shall provide of damage, or other suffered by City. potentially liable of such damage. D. Funds Collected. An_v and all funds collected by Adjuster pursuant to this section shall immediately be remitted to City. E. Uncollected Accounts. Adjuster shall return to City all uncollected accounts within six (6) months of the date of the incident giving rise to the account. F. Reporting. Adjuster shall prepare and provide City with a quarterly collection report listing all current collection accounts, and for each account the following information: (a) the date and control number of the incident giving rise to the account; (b) the date the Adjuster requested supporting documentation of City; (c) the date of the last collection letter sent; (d) the amount of damages involved; and (e) the date and amount, if any, that Adjuster of City received as payment on the account, with the name of the payee. -5- IV REPORTING REQUIREMENTS A. Reporting Requirements. Adjuster shall provide a reporting program with respect to adjusting and investigating services to be provided and performed hereunder as set forth hereinbelow: B. Reserves. Within thirty (30) days of receipt of a City Incident Report, Adjuster shall set a reserve on the subject incident and immediately advise City of this reserve. Upon receipt of a claim on any incident and /or upon knowledge of any further infor- mation concerning an incident, accident or other potential liability situation which would effect the established reserve, Adjuster shall re- evaluate the reserve status and advise City of any change in the reserve. C. Statistical Review. Adjuster shall provide City with a monthly statistical review which shall list for all oven and current incidents, claims and lawsuits the status, current reserve amounts paid out by City or Adjuster on claims settled or closed during the preceeding month, and such other information as is required by City. At the end of each calendar year, the statistical report shall be arranged so that each incident arising within the year is compiled by category with all other incidents arising within that year with all accompanying informational data. The monthly statistical review shall be provided in a form to the City's satisfaction. D. Other Reports. In addition to the reporting require- ments provided for herein, Adjuster shall provide a monthly loss report showing the losses paid out and the reserves set per City departments, and the type of accident and settlement amount, if the incident is settled, during the preceeding month conform to the City's satisfaction. W COMPENSATION A. Compensation for Collection Services Said report shall As compensation for collection services required to be performed under Section III herein, Adjuster shall receive the amount of Nineteen ($19.00) Dollars per hour for each hour of service expended, plus the cost actually expended by Adjuster in obtaining reports and materials which are appropriate and necessary for effective collection. Adjuster shall bill City on a quarterly basis for any such amounts to be received under this paragraph. B. Compensation for Special Investigative Assistance. Adjuster shall be entitled to the cost and expense of special investi- gative assistance as is delineated in Paragraph F of Section II herein. C. Compensation for Adjusting and Investigating Services. As compensation for all other services rendered under this Agreement, Adjuster shall be entitled to receive from the City the sum of Forty -Seven Thousand, Five Hundred ($47,500.00) Dollars, payable in equal quarterly installments of Eleven Thousand, Eight Hundred Seventy - Five ($11,875.00) Dollars on or before the fifteenth (15th) day following each three (3) month period on the term of this Agreement. The only exception to this paragraph would be if the City suffered a loss which could be termed a catastrophe. A catastrophe is defined as a single accident, occurrence, or event which has resulted in five (5) or more individual claimants. In the event of a catastrophe, the first five (5) claimants would be handled by the Adjuster pursuant to and under the Agreement without additional compensation; however, -7- adjusting an investigation required for an additional claimants, an excess of the first five (5) claimants, is to be handled at an additional compensation rate of Nineteen ($19.00) Dollars per hour. In addition thereto, Adjuster shall submit to the City all costs for the procurement of police reports, index bureau reports, and for such other reports and documents which are appropriate and necessary, and the City shall pay such costs directly. VI TRUSTEE ACCOUNT City shall establish a special Trustee Account in a local banking institution, and said account shall be used only for the payment of settlements which are made by Adjuster. Adjuster shall designate certain of its employees to have authority to issue warrants against said account for the payment of settlements. At the conclusion of each month, Adjuster shall provide City with a written list of disbursements which have been issued against the Trustee Account during said month. The settlement payments will then be submitted to the City Council of the City of Santa Monica for ratification, and upon such ratification, the Trustee Account will be reimbursed appropri- ately. VII MISCELLANEOUS PROVISIONS A. Ownership of Files. All files, documents, tapes, diagrams, exhibits, pictures and such other material which Adjuster prepares or otherwise obtains with regard to adjusting and investi- gating services under this Agreement shall be the property of the City and shall be turned over to the City within thirty (30) days of the termination of this Agreement. B. Administration and Interpretation of Agreement. The office of the City Attorney of the City of Santa Monica shall be charged with the responsibility of administering this Agreement on the part of the City and Adjuster shall immediately be responsible to the City Attorney, or his designee, with respect to Adjuster's performance under this Agreement. Any question of interpretation of this Agreement which cannot be resolved by the parties shall be submitted to the American Arbitration Association for binding arbitra- tion pursuant to their rules and procedures. C. Qualification of Personnel. Qualified and trained personnel directly employed and supervised by Adjuster shall perform all the services required by the terms and conditions of this Agree- ment. Adjusters agree that each of its employees shall have an ex- tensive background in the adjusting and investigative fields and will be properly qualified and shall use reasonable care in the performance of his duties. Furthermore, each employee shall be provided with con- tinuing education to insure that each is up -to -date on recent court decisions, proposed legislation, and administrative decisions affect- ing the liability of chartered cities and is able to take necessary action that may be indicated or required to continue and maintain control of the program. The City reserves the right to approve and/ or disapprove of personnel provided by Adjuster and to require a change in personnel so provided. D. Indemnification. Adjuster agrees to indemnify and hold harmless and defend the City, its employees and /or agents from any and all liability of financial loss resulting from any suits, claims, losses or actions brought against the City, its employees and /or agents which results directly or indirectly from the wrongful or negligent acts of the Adjuster, its officers, employees, agents or others employed by Adjuster while engaged by the Adjuster in the performance of this Agreement. E. Termination by City for Default. The Citv shall have the option, at its sole discretion, of terminating this Agreement by giving thirty (30) days written notification of termination to Adjuster as provided for hereinafter. Upon termination of this Agreement, Adjuster shall be relieved of any futher obligation under this Agreement upon the re- turn to the City of all files, etc., as set forth in Section A of this Article VII. F. Notices. All notices, demands, requests, or approvals which are required under this Agreement, or which either City or Adjuster may desire to serve upon the other, shall be in writing and shall be conclusively deemed served when delivered personally, or forty -eight (48) hours after the deposit thereof in the United States Mail, postage prepaid, registered, or certified, addressed as herein- after provided. All notices, demands, requests, or approvals from Adjuster to City shall be addressed to the City Attorney at 1685 Main Street, Santa Monica, California 90401. All notices, demands, requests, or approvals from City to Adjuster shall be given to Brown Brothers Adjusters at 3407 West Sixth Street, Suite 500, Los Angeles, California 90020. -10- G. Warranty of Services. Adjuster warrants and guarantees that all services performed hereunder for the City shall be performed in a manner commensurate with the highest professional standards. H. Specific Authority. Except as is specifically provided under this Agreement, in the rendition of services hereunder, Adjuster shall act solely as an independent contractor and shall not act or purport to act as a agent with any authority to represent or bind the City. I. Entirety of Agreement. This instrument contains the entire Agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect except as a subsenuent modification in writing, signed by the party to be charged. J. Partial Invalidity. If any provisions of this Agreement is held by any competent court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. K. Governing Law. The validity of the Agreement and any of its terms or provisions, as well as the rights and duties, shall be interpreted and construed pursuant to the laws of the State of California. -11- Executed at the date and year first above written. BROWN BROTHERS ADJUSTERS By THOMAS T. BEASLEY Assistant Vice President APPROVED AS TO FORM: RICHARD L. KNICKERBOCKER City Attorney ATTEST: JOYCE SNIDER City Clerk of the City of Santa Monica -12- , California, on CITY OF SANTA MONICA CHARLES K. McCLAIN City Manager CA RLK:SSS:mc Council Mtg. 02 -27 -7" TO: Mayor and City Council FROM: City Attorney Santa Mor ia, California SUBJECT: Adjusting and Investigating Services For Civil Liability Claims Introduction Ft@ 2 7 1979 This staff report recommends renewal of the contract with Brown Brothers Adjusters for adjusting and investigating services for civil liability claims at a contract price of $47,500.00 for the calendar year 1979. The report contains a brief background of the basis upon which Brown Brothers was initially chosen, its current performance, and the reason for the increase in contract price. Background At the December 14, 1976 City Council meeting, the City was authorized to enter into a contract with Brown Brothers Adjusters for the calendar year 1977 at a total contract price of $34,500.00 This award followed a recommendation contained in a staff report prepared by the City Manager's Office, which analyzed the City's current and projected needs and compared the merits of propo- sals submitted by Brown Brothers ($34,500.00 for 3 stages), Bay Cities Adjustment Company, ($45,000.00 for 2 stages) and other adjusters. The report concluded that the cost of developing an in -house adjust- ing department within the City outweighed the procedural advantages of self- administration, that the cost of retaining Bay Cities Adjust- ment Company outweighed the advantage of continuity of service (and � J 7 P P. 2 7 19171 CA RLK:SSS:mc Council Mtg. 02 -27 -7- Santa Mc ca, California additionally noted that Bay Cities withdrew its bid), and recommended Brown Brothers as providing the most complete service at best overall cost. On January 10, 1978, the City Council moved to authorize the City Manager to award Contract No. 2440 (CCS) to retain the firm of Brown Brothers Adjusters for the 1978 calendar year at a price of $43,500.00 to provide adjusting and investigative services necessary to maintain an effective claims control program for the City of Santa Monica. Brown Brothers Performance Brown Brothers has performed their adjusting and investi- gative services in a highly competent manner. Paul Robbins, their Claims Manager, adjuster, and investigator, devotes 900 of his time to the City of Santa Monica; Investigator Jim Pasco, devotes 700 of his time; a Secretary devotes 50o of her time. The intensive attention given to the City of Santa Monica and the high quality of work per- formed by Brown Brothers is reflected in the low claims figures for the past two (2) years. In 1977, Brown Brothers paid from their trust account $51,343.00 in settlement of 181 cases, an average of $283.67 per case. Included within this figure are seven cases settled for an amount over $1,000.00 (with City Attorney approval), representing a payment of $11,850.00. Thus, Brown Brothers' average for cases, excluding those requiring City Attorney approval, is $226.00 per case. In 1978, Brown Brothers settled 274 cases for a total sum -2- CA RLK:SSS:mc Council Mtg. 02 -27 -7, Santa Mon.-_,a, California of $112,540.00, an average of $410.73 per case. Twenty -eight of those cases were settled for over $1,000.00 for a total amount of $45,038.00. Thus Brown Brothers 1978 average for cases without City Attorney approval is $274.00 per case. Brown Brothers' average settlement for 1977 and 1978 is $250.00 per case. Considering inflation and the large number of cases received, the City Attorney's Office feels that this figure is relatively low and reflective of the high quality of work and attention to the City of Santa Monica given by Brown Brothers. A detailed summary of the service rendered by Brown Brothers is set forth below: 1. Claim Control. Brown Brothers has undertaken a highly assertive role in resolving claims and potential claims. The compar- ison from January lst to June 30th for the years 1975 through 1978 is as follows: Year No. of Claims of Claims Settled 1975 106 15 1976 152 19 1977 167 36 1978 182 65 This represents a 43.4% increase in the number of claims from 1975 to 1976 with a corresponding 26.66% increase in the number of claims settled. When Brown Brothers took over the contract in 1977, with a 9.86% increase in the number of claims received, there was a 89.4% increase in the number of claims settled before a lawsuit was involved. Similarly, in 1978 there was an 8.98% increase in the num- ber of claims received with a corresponding 80.55% increase in the number of claims settled before a lawsuit was involved. -3- RLK:SKS:ms 1/31/79 Council Pitg: 2/27// Santai pica, California The statistical picture does not tell the whole story, of course. A reasonable hypothesis based upon the sampling would indicate that it is probable that the number of claims will eventually decrease, that the number of claims settled will increase, and that there will be a lower cost ultimately both with regard to litigation and with regard to settlement. 2. Immediate Investigation. From our experience we have found that a fully developed factual investigation of an incident provides the best weapon with which to obtain advantageous settle- ments and to prepare effective trial strategy. Robert Whipple, Claims Litigation Manager for Transit Casualty Company, the excess carrier for the municipal bus lines, undertook their annual audit of investigative files at Brown Brothers' offices this January. Mr. Whipple was very satisfied with Brown Brothers' performance in all areas, particularly in their investigation of claims. 3. Setting Reserves. Brown Brothers has applied the full expertise of a professional adjusting staff in setting realistic reserves on claims. At the direction of the City Auditor, the City Attorney's Office, and Robert Whipple at Transit Casualty, the Citv has been instructed to increase its reserves on all of its cases. Although Brown Brothers' analysis has resulted in an increase in reserves, this has no bearing except to insure that the City has sufficient amounts of capital to cover any and all judgments that may be held against it. It is the belief of the staff that the reserves are more realistic thereby establishing a more competently evaluated fiscal position for the City. -4- CA RLK:SSS:mc Council Mtg. 02- 27 -79, 4. Pretrial Investigation. Santa, nica, California The City Attorney's Office has found the performance of Brown Brothers with reference to pre- trial investigation to be very satisfactory. Pretrial investigation includes locating hard -to -find witnesses, re- interviewing witnesses initially contacted, and making recommendations both as to medical or technical experts whose testimony may be needed. Before Brown Brothers was hired, these services were rarely provided by our previous adjusting firm and had to be obtained through the Police Department or contracted out to a private investigating firm. The staff therefore concludes that Brown Brothers has provided a very satisfactory performance in each of the pivotal areas of adjusting and investigative services during this past calendar year. Proposed Contract and Cost Brown Brothers has proposed to provide adjusting Fn,? in- vestigative services for the 1979 calendar year at a contract cost of $47,500.00. This proposed contract cost represents a 9.190 or $4,000.00 increase over the 1978 contract cost of $43,500.00. The basis for the contract price increase are the following: (a) Increased salaries and administrative cost associ- ated with the increase in the cost of living during the past year; (b) Projected 39% increase in workload based upon the current year's experience. (c) Increase in Brown Brother's rates effective November 27, 1978, their first raise in over two (2) years. The raise RLK:SKS:ms 1/31/79 Council Mta: 2/27/79; Santai nica, California represents approximately 14% increase based on the accelerated inflation and cost of doing business. Brown Brothers has indicated to the City of Santa Monica that they are still experiencing a continued loss on the 1977 con- tract. originally, their increase proposal centered on out -of- contract service for cases prior to 1977, attornev negotiations on suit cases be handled out -of- contract, the change in the de- scription of catastrophe from twenty (20) claimants to five (5) claimants, and the change from the subrogation hourly rate from $17.00 to $19.00, with a total proposed 1979 contract price of $49,500.00. The City Attorney's Office called the investigation firm that handles the account for Culver City, R. L. Kautz, and spoke with Mr. Patrick Kelley, Senior Vice President, who indicated that in his opinion the Brown Brothers' contract price was highly favorable to the Citv of Santa Monica. Contract negotiations with Brown Brothers resulted in the elimination of all of the requested changes except the new defin- ition of catastrophe and the change in the subrogation hourly rate. Recommendation Staff recommends that the City Council authorize the City ?4anager to retain the firm of Brown Brothers Adjusters for the 1979 calendar year at the price of $47,500.00 to provide adjusting and investigative services necessary to maintain an effective claims control proaram for the City of Santa Monica. Funding for this con- tract will be provided through the existing self- insurance funds. PREPARED BY: