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Home My WebLink AboutHilb, Ragal, & Hamilton Company of Alabama Augusta Richmond GA DOCUMENT NAME: \--\\\'0, ~I ~ \--\am\\bJ c..cn,\)Q\)~ O~ p..\a.\j).(Y)L DOCUMENT TYPE: 0Cj'\ e.e.f'f\ef\-\- YEAR: 02> BOX NUMBER: \~ FILE NUMBER: \lo~O NUMBER OF PAGES: 5 NEW ..# AUGUSTA-RICHMOND COUNTY' COMMISSION SERVICE AGREEMENT This Agreement, made effective the 1 ST day of January 2004 by and between Augusta- Richmond County Commission and Hilb, Rogal and Hamilton Company of Alabama, Inc., d/b/a Hilb Rogal & Hobbs, hereinafter (HRH) is entered into on the following terms and conditions: I. HRH agrees to assist Augusta-Richmond County Commission in the performance of the following services with respect to Augusta-Richmond County Commission's Workers' Compensation Self-Insurance Program. A. Program Development 1. Assist Augusta-Richmond County Commission in the continued monitoring and evaluation of their Self-Insured Workers' Compensation programs in Georgia. 2. Provide information on changes or proposed changes in legislation, rules and regulations affecting Augusta-Richmond County Commission's responsibility as a Self-Insured employer. 3. Continuously monitor Augusta-Richmond County Commission's Self- Insured Worker's Compensation program, identifying and recommending corrections and revisions of policies and procedures where necessary. B. Claims Administration - General 1. In accordance with the requirements of the applicable state Workers' Compensation Law, HRH will review and process, on behalf of Augusta- Richmond County Commission, all Workers' Compensation claims and Occupational Disease claims reported to HRH. 2. Assist in the determination of compensability of injury or occupational disease cases in accordance with the applicable state's Workers' Compensation Law. 3. On behalf of Augusta-Richmond County Commission, review all medical reports and bills concerning Workers' Compensation claims to determine eligibility for payment, considering both relationships to job-sustained injury, reasonableness of charges and necessity of treatment. Bill screening of medical services will be perfOlmed by a qualified entity as determined by the Georgia Board of Workers' Compensation. Augusta- Richmond County Commission shall pay for the cost of bill screening as an allocated expense. J 4. Using funds provided by Augusta-Richmond County Commission, process payments of all eligible temporary total benefits, permanent partial disability benefits, and death benefits for Augusta-Richmond County Commission employees and/or their dependents. 5. Using funds provided by Augusta-Richmond County Commission, process payments of all eligible medical bills on behalf of Augusta-Richmond County Commission employees. 6. Assist in determination of the extent and degree of pem1anent disability as defined by the applicable state's Workers' Compensation Act, utilizing, when desirable, physicians selected by Augusta-Richmond County Commission for medical examinations. 7. Maintain a claim file on each reported claim, which shall be the property of Augusta-Richmond County Commission and be available at all times for inspection by personnel authorized by Augusta-Richmond County Commission. C. Fiscal Analysis 1. Report data will be transmitted on an as needed or requested basis. II. Service Fees A. Augusta-Richmond County Commission shall pay for all legal services used in the handling of Augusta-Richmond County Commission's claims. B. Augusta-Richmond County Commission shall pay for the cost of any outside investigations required in the handling of any claim. HRH will not assign any outside investigation without first obtaining the approval of Augusta-Richmond County Commission. C. Loss Control Services can be available upon request. D. Service fees for the period January 1, 2004 through June 30, 2004 shall be Thirty-two Thousand Dollars ($32,000.00). Augusta-Richmond County Commission will be billed at the beginning of the Agreement period for these charges. This six month service fee is comprised of fees for lost time, medical only and incident only claims and also includes a claims administrative fee. This service fee is valid for the life of this Agreement only and is to be negotiated at the beginning of each contract period. In the event of early termination of this Agreement, by either Augusta- Richmond County Commission or HRH, there shall be a pro-rata reimbursement, based on the number of months the Agreement was in force, minus the claims administrative fee for this contract period which 2 shall be Two Thousand Five Hundred Dollars ($2,500.00) - th~s charge is non-refundable. E. "On-line" access to the HRH software program - Riskmaster will be included in the annual claims administrative fee during this contract period. III. Terms of Agreement This Agreement shall commence as of the date above and shall expire on June 30, 2004 ("the Term"). Augusta-Richmond County Commission may terminate this Agreement at any time without cause with sixty (60) days written notice and without further obligation to HRH, except for payment due for services provided prior to the date of termination. HRH may tern1inate this Agreement at any time without cause with sixty (60) days written notice to Augusta-Richmond County Commission. In the event of cancellation by either party, HRH, if it is agreeable, shall manage existing claims to conclusion for a per claim fee to be determined, and to be paid on an annual basis as long as the claim remains open, unless otherwise requested by Augusta-Richmond County Commission. Annual claims administration fees would also be charged in addition to the per claims fee. IV. Indemnification A. HRH shall indemnify, protect, defend and save harmless Augusta- Richmond County Commission, its agents and employees, from and against any and all claims, demands, judgments or causes of action, including costs and attorney's fees by any party or parties whatever for loss, damage, injury, fines or penalties of any kind or character either to persons or property directly or indirectly arising out of the all operations performed under the contract except such loss, damage or injury as is caused by the negligence of Augusta-Richmond County Commission, it's agents, employees or invitees. B. Augusta-Richmond County Commission shall indemnify, protect, defend and save harmless HRH, its agents and employees from and against any and all claims, demands, judgments or causes of action, including costs and attorney's fees by any party or parties whatever for loss, damage, injury, fines or penalties of any kind or character either to persons or property directly or indirectly arising out of the all operations performed under the contract except such loss, damage or injury as is caused by the negligence ofHRH, it's agents and/or employees. 3 ---- V. General Terms and Conditions A. Practices of the Law Excluded The services to be performed in connection with this Agreement shall specifically exclude any which now or in the future may be deemed to be the practice of the Law. B. Augusta-Richmond County Commission shall make available, at all times, funds upon which HRH can draw at any time to make payments on claims, within discretionary limits, and all allocated loss expenses. C. HRH will not assign any of the rights or benefits arising out of this Agreement without first obtaining the consent of Augusta-Richmond County Commission in writing. D. All claims files, documents and data of every kind prepared in whole or in part by HRH under this agreement shall become the sole property of Augusta-Richmond County Commission and shall be delivered to Augusta-Richmond County Commission upon request or termination of the Agreement and Augusta-Richmond County Commission shall have full and unlimited right and title thereto of such documents. All of the foregoing, together with all knowledge otherwise acquired by HRH during the term hereof relating to Augusta-Richmond County Commission business shall be deemed confidential information. HRH shall not disclose or use directly or indirectly at any time, either during or subsequent to the term hereof any confidential information, knowledge or data of Augusta-Richmond County Commission other than that necessary for the performance of this Agreement, unless it shall first secure the written consent of Augusta-Richmond County Commission. E. This Agreement contains the entire understanding of the parties. No statement of any officer, agent or employee of either party shall modify the terms of this Agreement or the rights and obligations of either party hereunder. F. This contract is subject to the laws of the State of Georgia. 4 This ;;)tfth- day of ~ ,2003 HRH BY: ~ IJ. ~.:RI- TITLE: V,'cLf ~dLk rr ~ ~ AUGUSTA-RICHMOND COUNTY COMMISSION BY: ~I~ ~ TITLE: MG..,\ ~ 5