R2004-126 ACCEPTING PROPOSAL - Laserfiche WebLink

Home Browse Search

h 1.8 Self-Insurance Laws/Filings: The City's certificates of self-insurance,or financial responsibility fillings (as defined by financial responsibility laws). 1.9 Reserve Authority: Contractor's reserve authority as defined by the City. 1.10 Settlement Authority: Contractor's settlernent authority as defined by the City. I 2. AGREEMENT DURATION II This AGREEMENT shall be in full force and effect far a period of five (5) years, starting at I 12:01 a.m. (CST) on September l, 2004, and ending at 11:59 p.m. (CST) on August 31, 2009, unless otherwise lawfully terminated under the provisions of this AGREEMENT. 3. RIGHTS AND DUTIES OF CONTRACTOR 3.1 Loss Adjustment Services: Contractor shall receive the initial Claims report from the City and process, investigate, settle, and retain approved legal counsel to defend, or arrange for the defense of all Claims in accordance with this AGREEMENT and/or Self-Insurance Laws/Filings, subject to the City's instructions. In particular, and without limiting the foregoing, Contractor shall: 3.1.1 For each Claim, receive and review the report,verify with the Ciry the types of coverage in effect under the applicable Self-Insurance Laws/Filings at the time of the loss or injury giving rise to the Claim, and create and maintain a Claim file, including a chronology of all actions taken on the Claim. In addition to or in lieu of hard copy, Claim files may be created and maintained by Contractor in electronic format on the Claims Management System; , 3.1.2 For each Claim, maintain files in accordance with Contractor's file retention and , destruction guidelines, as the same may be changed from time to time. Contractor shall notify the City in advance of any material change to the file retention and destruction guidelines, and if the City objects to any such change, the parties will attempt to reach agreement on the issue. Absent such agreement, the closed Claim files shall either be retained in accordance with the revised file retention and destruction guidelines, or shipped to the City, at the City's option; 3.1.3 Report to the City Contractor's estimate of reasonable and adequate reserves for anticipated Loss Payments and LAE; 3.1.4 Promptly respond to any inquiry, complaint, or request received from third party claimants, state departments of insurance, and other state or federal regulatory agencies regarding Contractor's claims handling practices. Prior to responding to any such - 2 -