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HomeMy WebLinkAboutPalmer & Cay/Carswell Inc Augusta Richmond GA DOCUMENT NAME: POJ I /'nli' -+- til-'j / f2 C...r~ kXi ( -Z n c. . DOCUMENT TYPE: Lonfr{i..ci/ YEAR: ) q 0; (fl BOX NUMBER: I FILE NUMBER: ) 9- Lp B 7 , NUMBER OF PAGES: 9 PALMER & CAY/CARSWELL, INC. CONTRACT FOR SERVICES PARTIES City of Augusta (hereinafter "CLIENT") hereby retains Palmer & Cay/Carswell, Inc, (hereinafter "P&C/C") to perform the services listed on Schedule V. TERM This contract shall be in effect from 5/1196 to 1/1197 and effect unless amended or terminated, and shall remain in full force ATTACHMENTS Attached hereto and made a part hereof are the following schedules: I. OBLIGATIONS OF THE PARTIES II. BANKJNG III, TERMS AND CONDITIONS IV, DEFINITIONS V. SERVICES AND FEES PALMER & CA Y /CARSWELL, INC. By: Title: Date: A p r ill 6, 1 996 Date: ADDRESS: 530 Greene Street ADDRESS: P.O. Box 847 Augusta. Georgia 30911 Savannah. Georgia 31402 PALMER & CAy/CARSWELL Established 1868 ,& _______ l!I SCHEDULE I OBLIGATIONS OF THE PARTIES A. Obligations of P&C/C P&C/Cagrees to perform the following services; 1, With regard to Claims Administration, P&C/C shall: a, Review each claim and loss report submitted by the ClIENT during the term of this contract. b, Conduct an investigation of each qualified claim or loss to the extent deemed necessary by P&C/C. c. Maintain a file for each qualified claim or loss which shall be available for review by the CLIENT. d. Adjust, settle or resist all qualified claims or losses: 1) within the stated discretionary settlement. authority limit; 2) with specific approval of the CLIENT, if outside the stated authority limit. e. .Perform necessary and customary administrative and clerical work in connection with each qualified claim or loss, including the preparation of checks or vouche~s, releases, agreements and other documents needed to finalize a claim. f. Establish and update claim reserves as needed. g, Assist the CLIENT in establishing a banking arrangement for loss and expense payments as set forth in Schedule II. h, Notify CLIENT, CLIENT's agent or carriers, as designated by the CLIENT, of all qualified claims or losses which may exceed the CLIENT's retention and, if requested, provide information on the status of those claims or losses, 1. Coordinate investigations on litigated claims with attorneys representing the CLIENT and with representatives of the excess carrier, as required, It is expressly understood that all legal costs and loss payments will be charged to the CLIENT, 2 PALMER & CAy/CARSWELL Established J 868 '" . J, Have P&C/C's internal support staff review large and unusual claims at no additional cost to the CLIENT, unless specified in Schedule V, k. Investigate and pursue subrogation possibilities on behalf of the CLIENT in all states permitting subrogation. Funds received from all subrogation collections shall be considered revenue of the CLIENT, 1. Maintain an automated loss and information system, and provide the CLIENT with reports as set forth in Schedule V. m. Provide forms, as determined by P&C/C, needed to administer the CLIENT's program, n, Provide additional ad hoc information, analysis, reports and services on a time and expense basis. o. Assist the CLIENT in selecting appropriate experts or specialists as the claims may require. . p, Provide personnel needed to perform the services agreed to herein. 2, With regard;to Risk Management Consulting and Appraisals, P&C/C shall provide the services ,set forth in Schedule V. 3.. . Provide other services as set forth in Schedule V, B, Oblie:ations of CLIENT 1. CLIENT shall pay P&C/C for services the annual sum set forth on Schedule V, as agreed to under the "Billing and Payment Terms" section. At the end of each contract period, the annual compensation shall be subject to adjustment. Where applicable, P&C/C shall audit the claim counts at the 12th, 18th and 24th month, CLIENT shall pay P&C/C any additional fees due as a result of these audits, 2, CLIENT shall provide funds for the payment of qualified claims or losses, allocated loss expenses, and any cost containment fees, if applicable. P&C/C shall not be required to advance funds to pay losses, allocated loss expenses, bank charges, or cost containment fees. 3, Fees are payable upon receipt of invoice, P&C/C reserves the right to charge 1% per month on balances unpaid after 30 days. 3 PALMER & CAy/CARSWELL Established 1868 ,A _______ ltI SCHEDULE II BANKING P&C/C will provide an on-line check issuance and banking communication system which provides for automated payments and control. The account will be funded by client and in the client's name at a bank of the client's choice. P&C/C will provide weekly check listings and monthly reconciliation reports. It is expressly understood that P&C/C shall not be required to advance its own funds to pay any of the CLIENT's obligations, In the event of cancellation or nonrenewal of this contract, CLIENT agrees to fund the account in an amount sufficient to fund all of the CLIENT's outstanding obligations, SCHEDULE III TERMS AND CONDITIONS A. Discretionary Settlement Authority - The limit on any settlement payment by P&C/C shall be Five Thousand and no/100 Dollars ($5.000.00). It is agreed the P&C/C shall have full authority in all matters pertaining to the payment, processing, investigation and administration of qualified claims or losses within this limit. Failure of P&C/C to settle ~a qualified claim oLloss within such limit shall not subject P&C/C to liability to any party in the event ofan.adverse judgment entered by any court or the settlement of such claim or loss for an.amount in excess of such limit. B. Terms of Cancellation or Nonrenewal - Either party shall have the right to cancel or renegotiate the contract after each contract period by giving the other party written notice of intent to cancel or renegotiate at least sixty (60) days in advance. If timely notice of cancellation is given, this contract shall terminate upon the expiration of the current term. In the event of cancellation or nonrenewal of this contract, P&C/C will continue to manage all pending claims and claims occurring in this service term but not reported prior to the date of termination for a period of one year. Thereafter, should client elect to have P&C/C continue to handle the "run-off cases," client will be billed at a rate of $150 per open case per year. Should the CLIENT elect to have the files returned to them, P&C/C will provide a tape or paper copy of the claim information. Upon delivery of this information to CLIENT, claim information will be deleted from the system, 4 PALMER & CAY ,CARSWELL Established J 868 ;. If the CLIENT fails to pay any amounts billed, including but not limited to P&C/C's service fee during the contract period, the service fee to continue handling claims past termination date or bank charges, within 30 days, P&C/C shall have the right to terminate the contract by giving the CLIENT ten (10) days' notice in writing. P&C/C will then return all files to the CLIENT in an orderly manner. Costs for file transfer shall be the obligation of the CLIENT, C. Practice of Law - P&C/C will not perform any servIces which may constitute the unauthorized practice of law, D. Indemnification - P&C/C agrees to defend, indemnify, protect, save and keep harmless CLIENT from any and all loss, cost, damage or exposure arising from the negligent acts or omissions of P&C/C. The foregoing indemnification provisions shall survive termination of this Agreement. E. Notices - Any notice required to be given under this contract shall be sent by certified mail to the following in the case of P&C/C: Mr. Ronald W, Nolting Vice President .Palmer & Cay/Carswell of Georgia, Inc, P.O, .Box 847 , Savannah, GA 31402 and in the case of the CLIENT: Mr. Charles T. Dillard Acting City Administrator City of Augusta 530 Greene Street Augusta, GA 30911 F. Successors - This contract shall be binding upon and shall inure to the benefit of all assigns, transferees and successors in interest of the parties. G, Modification - This contract represents the entire agreement between the parties and may be modified only in writing. P&C/C reserves the right to modify fees with the mutual consent of client or to terminate this agreement upon 60 days advance written notice, if: 5 PALMER & CAy/CARSWELL Established /868 ~A _______ l!I · It is determined that the historical data upon which P&C/C fees and service charges developed were based upon erroneous, obsolete or insufficient information, or that a change in CLIENT's business will materially change the nature and/or volume of its business or claims as contemplated at the inception of the Agreement. · During the term of the Agreement, legislative and/or regulatory requirements materially impact or change the scope of P&C/C's services or responsibilities. H, Confidentiality of Data - All data furnished by the CLIENT, or generated as a result of services performed under this agreement, and other information designated by the CLIENT in writing, shall be treated as confidential. P&C/C reserves the right to use statistical information or other data, so long as the CLIENT's name and/or confidential data are adequately protected, 1. ! Status - It is understood that P&C/C is engaged to perform services under this contract as an independent contractor and not as an agent of the CLIENT. This contract shall be governed by the laws of the State of Georgia, J. Cost Containment - If upon the advance written request of client, P&C/C provides cost ,containment services for the CLIENT's program, either directly or indirectly through an 'independent.contractor, CLIENT agrees to pay P&C/C an additional fee for these services ,and to"comply with the procedures for utilizing any such cost containment services, . provided, however, that P&C/C shall advise the CLIENT in advance as to the amount of such costs, Specifically, if P&C/C provides CLIENT access to Affordable Healthcare Concepts Preferred Provider Organization, CLIENT agrees to comply with the procedures for utilizing the Affordable Healthcare Concepts PPO Program, K, Reporting - P&C/C will not assume that other coverage (unknown to P&C/C) exists for a qualified claim or loss. P&C/C shall not be responsible for reporting to carriers on a type of claim or loss not managed by P&C/C. L. Property Catastrophe Charges - Any property loss involving multiple locations as a result of natural disasters from a covered peril will be billed at time and expense at P&C/C's prevailing hourly rate. M, Casualty (Liability/Workers' Compensation) Catastrophe/Multiple Claim Occurrence Charges - Any accident or occurrence will be billed on a per claim basis. N, Fines and Penalties - P&C/C shall not be responsible for any fines or penalties assessed by any governmental agency because of the acts or omissions of the CLIENT, or by previous or successor claim administrators, 6 PALMER & CAY/CARSWELL Established /868 I ,. " ~ .~ ..=-:-----:.=-~. ~- -~:::::===-=-~-"" o. Solicitation of Emplovees - CLIENT agrees that, during the term of the Agreement and for a two-year period thereafter, CLIENT shall not, without the consent of P&C/C, solicit to hire, or hire any employee of P&C/C who, during the term of the Agreement, has performed, or contributed to the performance of, services hereunder. p, Claim File Records - P&C/C will retain claim files for 24 months following date of closure. Thereafter, files will be returned to the CLIENT or forwarded to such location as may be designated by the CLIENT for continued storage, Q, Subrogation - To the extent P&C/C is involved in pursuing recoveries against third parties or otherwise undertaking subrogation activities on behalf of CLIENT, P&C/C is authorized to collect, in the name of the CLIENT or in the name of P&C/C, all funds due as a result of such recovery or subrogation activities. P&C/C shall not be required to establish any trust accounts for the benefit of CLIENT, but shall promptly and fully account for all funds so received, 7 PALMER & CAy/CARSWELL Established /868 l!l SCHEDULE IV DEFINITIONS Claim - Any report of an accident (first or third party) alleging or resulting in injury, damage, or loss which could give rise to a demand for the payment of money, The claim charge is applicable on a per occurrence, per claimant, per line of coverage basis. Discretionary Settlement Authority - P&C/C is authorized to make payment, for loss or expense, up to this amount, as P&C/C deems necessary. Qualified Claim or Loss - P&C/C will investigate and adjust any loss or claim occurring within the service term, provided the loss or claim type is identified in Schedule V. Allocated Expenses - Shall be the responsibility of the CLIENT and shall include, but not be limited to: . legal fees . medical examinations . professional photographs . extraordinary travel made at CLIENT's . medical records request . experts' rehabilitation costs . court reporters . accident reconstruction . fees for service of process . .architects, contractors . pre- and post-judgment interest paid . ~engmeers . chemists . police, fire, coroner, weather, . collection costs payable to third parties on or other such reports subrogation . property damage appraisals . any other similar cost, fee or expense . extraordinary costs for witness reasonably chargeable to the investigation, statements .negotiation, settlement or defense of a claim . official documents and transcripts or loss which must have the explicit prior . sub rosa investigations approval of the CLIENT Cost Containment - Cost containment services shall include but not be limited to: .. preferred provider organization' networks automated state fee scheduling medical case management and vocational rehabilitation network · utilization review services · light duty and return to work programs · -prospective injury management services · hospital bill audit services . . . 8 PALMER & CAy/CARSWELL Established 1868 '" SCHEDULE V SERVICES AND FEES Client: City of Augusta Service Period: From 5/1/96 to 1/1/97 SERVICES PROVIDED: Inel. SERVICES PROVIDED: Incl. A. Claims Administration Other: Auto Liability-Bodily Injury (AB) Auto Liability-Property Damage (AD) Auto Physical Damage (APD) General Liability-Bodily Injury'(GB) General Liability-Property Damage (GO) Products Liability Professional Liability Property (PR) Workers' Compensation (We) Medical Only Indemnity Other: C. Loss Funding P&C/C Owned Banking Client Owned Banking ~ D. Supplemental Run-Off One Year.From Date of Accident All Claims Assumption Other: ~ 150 annual Meetings Discretionary Settlement Authority Index Bureau Coordination Set Up/Program Incident Processing ~ ~ 75 440 ~ 5,000 ~ ~ 25 Record Only Processing Update Appraisals Risk Inspections B. Information Services Corporate Systems Standard Package Non-Standard Reports Tenninals & Printers Data Transfer ~ TOTAL ~ TBD I ADDITIONAL SERVICE TERMS AND CONDITIONS: There will be a minimum fee of $24,000 and a maximum of $40,000 for new cases subject to audit annually. An audit of files will be conducted at year-end to detennine any additional money due P&C/C based on above schedule of costs per claim, A workers' compensation medical only case that exceeds $500 will be considered at the indemnity rate. . BILLING AND PAYMENT TERMS: Payable within 30 days of invoice. 9 PALMER & CAy/CARSWELL Established 1868