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R2004-126 ACCEPTING PROPOSAL
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R2004-126 ACCEPTING PROPOSAL
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Last modified
12/30/2015 3:40:17 PM
Creation date
12/30/2015 3:40:15 PM
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Resolution/Ordinance
Res Ord Num
R2004-126
Res Ord Title
ACCEPTING PROPOSAL FRONTIER ADJUSTERS, INC. - RISK MANAGEMENT
Approved Date
8/16/2004
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� <br /> RISK MANAGEMENT SERVICE AGREEMENT <br /> This AGREEMENT is made between the City of Decatur,Illinois (hereinafter called "City"), <br /> and Frontier Adjusters, Inc. (hereinafter called "Contractor")with headquarter offices at 45 E. <br /> Monterey Way, Phoenix, AZ 85012. The City and the Contractor in consideration of the mutual <br /> covenants contained herein, and for valuable considerations exchanged between the parties <br /> hereto, hereby agree as follows: <br /> 1. DEFII�iITIONS <br /> 1.1 Approved Legal Counsel: Each lawyer or law firm, appearing on a list provided to <br /> Contractor by the City from time to time, indicated as legal counsel approved by the City <br /> to be employed in the defense of any specific Claim to be adjusted hereunder <br /> 1.2 Claim: A monetary demand made against the City, the Transit System, or any of their <br /> respective employees that is reported to Contractor hereunder,where such demand <br /> requires settlement under the City's liability self-insurance laws/filings. �' <br /> 1.3 Claims Handling Fees: The fees that Contractor charges to manage claims hereunder, as ; <br /> set forth in Appendix C. ' <br /> 1.4 Claims Management System: The claims management software system used by <br /> Contractor in connection with the services provided hereunder, as such system may be <br /> modified, updated, or replaced from time to time. <br /> 1.5 Feature: The individual parts of any Claim by type of coverage and persons injured or <br /> property damaged (e.g., if several people are injured or several items of property are <br /> damaged, each of the injured persons or damaged items of property is a Feature). <br /> 1.6 Loss Adjustment Expense ("LAE"): All expenses incurred in connection with the <br /> investigation, negotiation, defense, settlement, and disposition of any specific Claim. <br /> T.AR shall include,without limitation fees, costs and expenses, including travel and living <br /> expenses,for(a)legal counsel; (b)testimony transcripts; (c)medical exams; (d)police <br /> reports; (e) trial, appellate, mediation, and arbitration proceedings; (f)medical testimony; <br /> (g) expert and lay witnesses; (h) service of process; (i)independent field adjusters; (j) <br /> Special Investigation Unit ("SN") services; and (k) third party appraisers. LAE shall <br /> also include miscellaneous claim costs and expenses such as those for photographs, death <br /> certificates, title searches, and other material and services needed for the disposition of a <br /> Claim. LAE shall also include the travel and living expenses for Contractor employees <br /> when they attend informal hearings, if such attendance is not required by law and is <br /> requested or approved by the City. <br /> 1.7 Loss Payments: All payments made by Contractor in settlement of Claims, including ex <br /> r�atia payments,payments in satisfaction of judgments or awards, and any pre-judgment <br /> and post-judgment interest related thereto. <br /> - 1 - <br />
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