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HomeMy WebLinkAbout2002-103 Agrmt - Pinnacle Risk Mgmt CLAIMS SERVICE AGREEMENT WORKERS COMPENSATION CLAIMS AGREEMENT made and entered into as of March 1, 2002, between the City of Ashland, Oregon, (City) and Pinnacle Risk Management Services, Inc. (Pinnacle). RECITALS: A. Pinnacle provides workers' compensation claims adjusting and administrative services on behalf of self-insured entities; B. City maintains a self-insured program for its workers' compensation liabilities; and, C. City desires to engage Pinnacle for claims adjusting and admit tive services for its self- insured program; City and Pinnacle agree: 1. Service Period. Pinnacle will provide City with the services contained in ~: ,s Agreement for a period of one year, commencing as of the date written above. 2. Termination. 2.1. Either party may terminate this Agreement for any reason upon giving the other party 60 days prior written notice. 22. City may terminate this Agreement for cause, without prejudice to any right or remedy, in the event Pinnacle fails to perform under the terms and conditions set forth in this Agreement, and fails to cure any default after seven days written notice from City of such default or breach. 2 3. Upon termination of this Agreement prior to the end of its term: 2.3.1. City shall be responsible for an administrative fee based on the actual claims established in Pinnacle's computer system on the date of the termination as evidenced by a loss report from that system, plus any account coordination fee previously billed or due. 2.3.2. City or its designated agent shall assume responsibility for possession, management, and adjusting services, for all claims, including open, active, and/or pending files. 3. Scope of Services 3.1. Pinnacle shall furnish all labor, materials, and equipment necessary to complete the services required by this Agreement. 3.2. Pinnacle shall provide services to City pursuant to the requirements listed on Addendum "A", Scope of Services, attached and incorporated by reference. 1- Claims Service Agreement G:~legal~PAULV~GREE~pinnade k 3-2.doc 4. Compensation to Pinnacle. For such services, Pinnacle shall be paid as specified in Addendum "B", Schedule of Fees, attached and incorporated by reference, and which may be modified due to negotiations or renewal without effecting the remaining terms of this Agreement. 5. Loss Fund. 5.1. City shall at all times provide funds adequate for the payment of all claims or losses, and of all allocated loss adjusting expenses (ALAE). For purposes of this Agreement, ALAE means all defense costs and adjusting expenses, and shall include, without limitation, all fees and charges of attorneys, investigators, witnesses, experts, independent medical examiners, physician or nurse reviews, case managers, court reporters, transcription services or other third parties providing services related to a claim, and the cost of obtaining records, transcripts, field investigations, recorded statements, photocopies, photographs, certified postage, providing discovery, shipping expenses, travel expenses, and any other expense related to the defense or adjusting of a claim. Allocated loss adjusting expenses are to be allocated to the claim file to which the expenses are related. 5.2. If City fails to provide adequate funds to pay claims costs, including ALAE, Pinnacle shall have no responsibility whatsoever to advance any funds to pay such claims costs or expenses. 6. Claims Files. 6.1. Pinnacle will maintain a file on each claim reported to Pinnacle. For purposes of this Agreement, a file may consist of paper documents or computer-generated images of documents that are maintained on computer media. 6.2 City will maintain ownership of the claim files regardless of how the files are created, whether by computer generated image, hard copy, or otherwise. Except in the case of files maintained as a computer image, City shall be responsible for storage of files that have been closed for two years or more. 6.3 Upon termination of this agreement, or as otherwise provided in this Agreement, Pinnacle will transfer all files to the City. Files maintained as a computer generated image will be transferred on computer media in the format maintained on Pinnacle's computer systems. 7. Indemnification. 7.1 Pinnacle shall indemnify and hold harmless City, its officers, directors, employees and agents from and against all claims, damages, demands, actions, costs and charges, including attorneys' fees, arising out of or by reason of any act or failure to act under this Agreement, or the operation of Pinnacle's business. Pinnacle shall be responsible for compliance with all laws, ordinances, regulations and rules of the Federal, State, County, and local governments that may be applicable to its operations. Pinnacle shall hold City harmless from any and all liability arising out of or in connection with, violations of such laws. 7.2 Pinnacle shall be responsible for exercising reasonable care at all times in the performance of its obligations under this Agreement. However, if Pinnacle is named as a party to any litigation because of its actions on behalf of City under this Agreement, City agrees to employ counsel and to otherwise defend Pinnacle in any such litigation if no allegation is made that Pinnacle failed to exercise such reasonable care, and to hold harmless and indemnify 2- Claims Service Agreement G:UegaNPAULWGREEIpinnade k 3-2.doc Pinnacle if no finding is made to the effect that Pinnacle failed to exercise such reasonable care. City shall be responsible for compliance with all applicable Federal, State, County, and local laws, rules and regulations, and shall hold Pinnacle, and its directors, officers, and employees harmless from any and all liability arising out of, or in connection with, violations of such laws. 8. Proprietary Information . 8.1. City agrees to not disclose to any third party, or use for City's own benefit, any information learned about Pinnacle and its services as a result of Pinnacle's services to the City, unless City obtained the information independently from a third party with a legal right to the information, or unless the information is generally available in the public domain. 8.2. City shall not hire employees of Pinnacles, whether currently employed or formerly employed, during the term of this Agreement, and for a period of two years after the termination of the Agreement, without the prior permission of Pinnacle. 9. No Unauthorized Practice of Law. Pinnacle will not perform any services that Pinnacle believes may constitute the unauthorized practice of law. 10. Independent Contractor. Pinnacle is an independent contractor at all times during the performance of the services specified, and not an employee of City for any purpose whatsoever. 11. Successors and Assigns. 11.1. This Agreement shall not be assigned by either party without the prior written consent of the other. 11.2. Except as provided in this Agreement, this Agreement shall be binding upon and inure to the benefit of transferees and successors in interest of any kind to the parties. 12. Notices. All notices shall be directed to the following addresses: City: Pinnacle: Lee Tuneberg James W. Broyles, President Finance Director Pinnacle Risk Management Services, Inc. City Hall PO Box 19990 20 East Main Street Portland, OR 97280-0999 Ashland, OR 97520 13. No Other Agreements. This Agreement, and its Addendum, embodies the entire agreement between the parties, supercedes any prior agreements, and shall not be altered except in writing signed by both parties. 14. Waiver. The waiver of any breach of any provision by either party to the Agreement shall not be construed as a waiver of any subsequent breach by either party, and shall not operate to prevent enforcement of any provision thereafter. 3- Claims Service Agreement G:Vega11PAULWGREE\pinnade k 3-2.doc 15. Legal Enforcement. 15.1. This Agreement shall be enforced in and governed by the laws of the State of Oregon. 15.2.The prevailing party in any legal action to enforce the terms of this Agreement against the other party, by a law suit or otherwise, shall be entitled to reimbursement from the other party of the costs and expenses related to such legal action, including attorney's fees. City of Ashland Pinnacle Risk Management Services, Inc. By: u ' By: Printed Name: Z-,!V- %u'/L 6 Printed Name: J',-4-v ?/ S' Title:iN?N[r Title: ,??f, Date: S1,1162-- Date: z 4- Claims Service Agreement G:11ega11PAULWGREEIpinnacle k 3-2.doc Addendum "A' Scope of Services During the period of this Agreement, Pinnacle shall represent and act for City in matters pertaining to the liability of City for claims under the Workers Compensation Act, or similar law, in the State of Oregon. Pinnacle agrees to perform the following services on behalf of the City. 1) Maintain the appropriate number of personnel with appropriate experience level to administer adequately all claims for City. 2) Receive and examine all claims reported to the City. 3) Endeavor to make contact on all indemnity claims with the employee, the employee's supervisor or the City's personnel manager or similar position, and the authorized treating physician or that physician's office. 4) Conduct an investigation of each reported claim to the extent deemed necessary by Pinnacle in the performance of its services. 5) Establish and maintain a reserve for each claim for which there is an injury and/or anticipated liability. 6) Determine the benefits and services payable under the law of the jurisdiction applicable to the claim, and issue payments in a timely manner in accordance with the applicable laws and regulations. 7) Coordinate returning the injured worker to work through the City's return-to-work program. 8) Arrange for independent investigators, medical evaluations, or other third party services, to the extent deemed necessary by Pinnacle to process and evaluate any claim or loss. 9) Provide adequate advance notice of hearings, mediations, arbitrations, or settlement conferences to the City, and obtain the City's approval of any settlements in excess of $10,000. 10) Notify the City's primary insurer who is excess of its self-insured retention and/or the City's broker of all claims with respect to which potential losses may exceed the City's self-insured retention. In providing such notice, Pinnacle is relying on information provided by the City or its broker to identify appropriate excess insurer(s.) 11) Produce a check register after the end of each month containing the detail of all checks written during that month on the City's checking account. Provide a copy of the City of Ashland trust bank account on a monthly basis. 12) Prepare all data related to the claims files in the form necessary to satisfy state requirements for quarterly and/or annual reports. 13) Provide other information as necessary to maintain compliance with any applicable laws, including but not limited to, annual filing of Internal Revenue Service Form 1099. 5- Claims Service Agreement GAegaWAULIAGREEIpinnacle k 3-2.doc Addendum "B" SCHEDULE OF FEES FEES $1250/month II. INVOICING AND PAYMENT Pinnacle shall submit a written invoice to City for services rendered and City shall pay the invoiced fee within thirty (30) days after receipt of the invoice. Invoices shall be submitted to: Lee Tuneberg, Finance Director City Hall 20 East Main Street Ashland, OR 97520 6- Claims Service Agreement G:Uega11PAULIAGREEIpinnade k 3-2.doc 81AR-28-2002 17:47 FROM-SIMS 5R32461581 T-349 P-002/002 F-454 44 coRp CERTIFICATE OF LIABILITY INSURANC?VVYS Diversified insurance Brokers 136 East South Templc, 1}2300 Salt Lake UT $4111 ahoac:801-325-5013 Fax:801-532-2804 Pinnacle Risk Management Servi,ceT,j . 0_ sox ortland OR 972$0-0999 CnVr_RAGES DATE 1MM/Popry) 03/27 /e: ONLY AND CONFER$ No RIGMTS UPON ffii CERTIFICATC" HOLDER, THIS CERTIF=TE OCU NOT AMEND, EXTEND OR ALTER THE COV IERAGK AFFORDED 91Y rHE POLICIES SI:LOW, INSURERS AFFORFING COVERAGE MSURP.R W Hartford C:aSua sx 33 nrura ae co I NSORER D Hartford Fire ins_u_ranGe Ca . INSuKer. C 1.® ion Tnsurance Cesp aT1 mbUKrK D: Advantage Workarra c=mpansation INSUftR a Feder-1 Tnsuranec Company ^ --- I'IF Pa k rCrEt' Cr I"/L J/7MICE Lio I e:0 9740W - lrvZ DCCI. ?3R4eC I G 711[ IN5uRE0 NAML6+ nI(Uuc rUR TI1E POLICY Ile Rion INOICA II:D. NnTwcT{yb I.fI.NCIS.'i ANY r1roUiRFMEN i, *GtM oR LGNUI3-IOM OF ANY .QNTUCT OR 01 ItCIQ DOCVMFNT WITH Rey%T 1-0 whici I TH18 ciiKTIr CATF M ' Ar CE ISSItFO QK MAY PERTa1N. T mE INSUR.&NCG qr} JRQGD PV TyL ,a0?{GIC6 ?GGtR,YmD kGRE+n t8 3y D?LGT TCO AlL t nr 7f_RK3. E7teL43101J5 ANO CONDITIONS U> SUCf1 POLCIES A, uREGA'4 LIM/T$ SmOWN MAT I1AvE $C N REDUCF,D BY PAID CLANS I T .--_ L R T'PE or INaUmANCG POLICT NUUg6L0C ' Al; l MM aflKY E r R ' I? .' GCNCRAL LIABILITY pAT / DC/Y? LIMI T A -- X ?COMMER,cn(GErhrwLUnGUITti 3QSSAKK3592 05/30/01 05/30/02 CAr M occ.rRNrwcr rlRCaAMA6 2 A Y 1 . 0 C) 0 , 01.7 0 _ C: v?1Mti NL CE f I 1 nI_IQ_,mr t ( 3 50,L100. a T. 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AGG S -- •.•-- rnCA occuR Ncc S.2 __000 , 000, 05/30/01 ; 05/30/42 acaGRF,Gsre s 2000 X00. s 07/29/01. 07/29/02 MAC" ACC01E-141' 07/20/41 07/29/02 k{.oltteAR?.? ?IIr,nTrr. s 2,000,000, t L PISEn$F • POLICT LIMN 1 1, , 0() 13 , Q Q Q 01/27/02 !. OS/27/n3 'SSO0,000, Tt I ^QPMQ-4ur_ Ir bUNEV, MbWltrR 6UTTER CANCE)_WTION _%p j.EX SMOULO ANY OF TI.F aROYE DESCAID>Qo noUCIgS BE CANC[LL[D MI.ORC Tilt: Ci,RA-nQN DATE TI/EREOf, THE ISSUING ENSURER WILL ENDEAVOR TO MAIL 3.0_ oars WRIMN --Sa1MPT.S-_ SAMP NOTICE TO THE CkRTIFICATH HOLDER NAMED TO THE LEFT, BUT FAILURC TO DO SD SMALL upon recaip,; I S uedcuac L itaPnSF UC'I MAI IGAI'iOPR OR L^BILJrY OF ANY KIND LIPON TI IC INSURCR- IT3 AGi_NTS OR REPRE5ENTATIVHS. Sus'_ e._Sird ACORD 25S J7197) It)ACORO CORPORATION 1988 07/19/2002 PO: 03437 ::~ '~ (541) 488-5300 VENDOR: 005468 Slim TO: Ashland Finance Deartment PINNACLE RISK MGMT SERVICES, (541) 488-5300 ATTN: ACCOUNTS RECEIVABLE 20 E MAIN STREET PO BOX 19990 ASHLAND, OR 97520 PORTLAND, OR 97280 FOB Point: Req. No.: Terms: Net Dept.: FINANCE Req. Del. Date: 07/01/2002 Contact: Lee Tuneber.q/Cindy Hanks Special Inst: Confirming? NO Quantity Unit 1 ' Description Unit Price Ext. Price i BLANKET PURCHASE ORDER Workers Comp Claims 15,000.00 ' July 1,2002 to June 30, 2003 Agreement dated: 03/01/2002 One year agreement Insurance required SUBTOTAL 15,000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 15,000.00 ASHLAND, OR 97520 Account Number Amount Account Numbe~ Amount E 720.0300.00.607140 15,000.00 ------------------------------------ Note: Workers Comp Claim Services Worker's Comp Workmans Comp Workman's Comp Workers' Comp CITY OF -ASHLAND REQUISITION FORM THIS REQUEST IS A: ? Change Order(existing PO # ) Vendor Name: Address: City, State, Zip: Phone: Fax Number Deliver Location Services Only Description Date of Request: y y1? ? Required Date of Delivery/Service: F? :o:g::A t-c 37C) /,. Total Cost oY11 C G s f i 1S Exempt ? 3 Written El Quote. i tt h d (cop es a ac e ) `` El Sole Source ? Invitation to Bid t Yl `3 v ao (copies on file) 1 1 j2? k? K oYC? $ (j . (?O(? ? Less than $5000 t E] Request for Proposal (copies on file) Account Number aGCh ,i? D. 0 _:=L -L0 ? [qG *Please attach the Original signed contract and Insurance certificate. Materials Only Item # Account Number___-__-__ *Please attach the quotes. Employee Signature: okSupervisor/Dept. Head Signature: NOTE: By signing this requisit n form, I certify that the above request meets the City of Ashland Solicitation Process requirements and can be provi when necessary. Solicitation Process: Cfyv, r( rict Quantity Unit Description Unit Cost Total Cost