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SR-01-22-1980-11DRLK:SKS:ms 1/16/80 Council Mt.g: 1; ?/80 January 16, 1980 Santa Monica, California TO: Mayor and City Council FROM: City Attorney SUBJECT: Adjusting and Investigating Services For Civil Liability Claims INTRODUCTION 3 A Z 2 1980 Brown Brothers Adjuster's Contract providing for adjusting and investigating services for civil liability claims terminated on December 31, 1979. Brown Brothers has proposed to provide adjusting and investigating services for the 1980 calendar year at a contract cost of $59,375.00. Addition to said contract price, Brown Brothers has proposed that the hourly rate for services outside the contract be increased to $21.00 per hour and, that any time undertaken by Mr. Robbins to negotiate claims against the City of Santa Monica which are in suit be on an expense basis at the hourly rate of $21.00. The contract price for the calendar year of 1979 was $47,,500.00. The proposed $59,375.00 contract price for the 1980 contract year is a 25 per cent increase. The City Attorney's Office has been very pleased with the performance by Brown Brothers, specifically Paul Robbins and Jim Pasco. But for the large increase, 25 per cent, the City Attorney would, without hesitation, recommend approval of this contract. An alternative to the City Council entering into a contract for the sum of $59,375.00 would be to enter into a month -to -month agreement with Brown Brothers at the proposed ME JAN 2 2 1980 0 RLK:SKS:ms 1/16/80 Council Mtg: ' 112/80 $59,375.00 price, prorated on a month -to -month basis while the City seeks proposals from various other adjusting and investi- gating firms to test the $59,375.00 price in the market place. REASONS FOR INCREASE By letter dated December 27, 1979, Brown Brothers by Thomas Beasley, has outlined the reasons for the 25 per cent increase on the contract price which are as follows: 1. Brown Brothers Adjusters has administered the City's self- insurance program at a financial loss for the last three years. 2. The City of Santa Monica has realized a reduction in the amount paid per claim over the past year which is remarkable in this age of inflation. 3. Paul Robbins, Supervisor,and Jim Pasco, Field Investigator,have over thirty years and twelve years experience, respectively. DISCUSSIONS WITH OTHER AGENCIES At the City Council Meeting of November 9, 1976, the City Staff presented to the City Council a comprehensive report concerning adjusting and investigating services for civil liability claims. Contained within said report were bid proposals made by other adjusting services. The City Attorney's Office has contacted the firm of R. L. Kautz (who handles Culver City) and General Adjustment Bureau, Inc. (G.A.B.) who handles other municipalities. Copies of the Brown Brothers Contract with the City have been provided -2- RLK:SKS:ms 1/16/80 Council Mtg: 2/80 to representatives of the above two companies. once responses are received, the City Council will be in a better position to determine whether the proposed contract price by Brown Brothers is a realistic figure in the market place. ALTERNATIVES The City Council is requested to do one of the following: 1. Authorize the City to enter into a contract with Brown Brothers for adjusting, investigation and collection services in the sum of $59,375.00 and all hourly rate items at $21.00 per item. 2. Authorize the City to enter into a month -to -month contract with Brown Brothers at the new proposed rate while the City accepts bid proposals from other adjusting services. De- pending upon the results of the market study, the City Council is then free to: a) Enter into a contract with Brown Brothers; b) Enter into a contract with the lowest but Most responsible bidder. =0 RLK:SKS:ms 1/18/80 Council Mt 1/22/80 January 18, 1980 TO: Mayor and City Council FROM: City Attorney SUBJECT: Addendum to Staff Report on Adjusting and Investigating Services For Civil Liability Claims, Item No. 11 -D Brown Brothers Adjusters has been informed of the City's intent to ask for bids from other companies. In the process of discussing the possibilities available to the City Council, it was suggested to Brown Brothers that they consider lowering their bid 10 per cent to a 15 per cent increase over the 1979 Contract price. On January 18, 1980 Brown Brothers agreed to lower their proposed contract price from $59,375.00 to $54,625.00, even though Brown Brothers on the 1979 Contract suffered a $22,000.00 loss. The City Attorney's Office recommends that the City Council approve a contract with Brown Brothers in the sum of $54,625.00. Brown Brothers' service has been close to outstanding and the City has received a substantial amount of service for the price of the contract. APPROVED BY: RICHARD L. KNICKERBOCKER, City Attorney SHARI K. SILVER, Assistant City Attorney �I Agenda Item 11 -D; Presented for consideration at this time was a recommendation for approval of a contract with Brown Brothers for provision of adjusting and investigating services for civil liability claims. Councilmember Reed moved to approve Contract No. 34A,4,(CCS) as amended. SeconU by Councilmember Rhoden, Council. Vote: Affirmative: Councilmembers Yannytta Goldway, Jennings, Reed, Rhoden and Mayor Bambrick Negative: Councilmember Scott Absent: Councilmember van den Steenhoven CITY COUNCIL MINUTES Jamuary 30, 1980