HomeMy WebLinkAbout- - Carl Warren Attachment A - 9/20/2011This Amendment is made and entered into this 20`h Day of September, 2011, by and
between the City of Costa Mesa, a municipal corporation ("City") and CARL WARREN
& COMPANY, a California corporation ("Consultant").
WHEREAS, Consultant and City entered into an agreement on July 1, 2007, to perform
liability third parry claims administration: and
WHEREAS, the term of Consultant and City's original Agreement, Amendment Number
ONE expires on December 31, 2011.
WHEREAS, Consultant provides assistance with complicated claims. City staff has a
good working relationship with Consultant, has been satisfied with the services provided
and continuity of services is critical at this time; and
WHEREAS, Staff is in need of additional time to better evaluate the liability program
and its future needs in light of the current economic climate and potential disruption in
services that may occur with a change in administrators, as well as the associated transfer
costs; and
WHEREAS, extending the agreement will also allow sufficient time to complete the RFP
process with an anticipated award date of January 1, 2013; and
WHEREAS, Consultant has agreed to keep the fees at the 2009-2011 levels; and
WHEREAS, Consultant and City now wish to amend and extend the Agreement in order
to allow payment to Consultant for the services provided.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
The compensation amount not to be exceeded in Paragraph 2.1 shall be
amended to read:
Consultant shall be paid in accordance with the fee schedule set forth in
Exhibit "A," attached hereto and made a part of this Agreement (the "Fee
Schedule"). Consultant's annual compensation shall in no case exceed
Seventy -Five Thousand Dollars ($75,000.00).
2. Paragraph 4.1 shall be amended to read, "This Agreement shall commence
on the Effective Date and continue until December 31, 2012, unless
previously terminated as provided herein or as otherwise agreed to in
writing by the parties.
3. All terms not herein defined shall have the same meaning and use as set
forth in the Agreement.
4. All other terms, conditions and provisions of the Agreement not in conflict
with this Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have set their hand by their duly
authorized representatives as of the day and year first above written.
CITY OF COSTA MESA
A municipal corporation
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