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Home My WebLink AboutC84-021 Arthur J. Gallagher & COAGREEMENT FOR SERVICES THIS AGREEMENT is made this 1st day of July A.D. 1984 by and between the EAGLE COUNTY, hereinafter referred to as "EMPLOYER," and GALLAGHER BASSETT INSURANCE SERVICE, a division of ARTHUR J. GALLAGHER & CO., an Illinois corporation, authorized to do business within the State of Colorado, hereinafter referred to as "SERVICE AGENT." I. TERM This Agreement shall take effect at the time the EMPLOYER'S self- insurance program becomes effective, but not later than July 1, 1984, and shall continue in effect for one year after its initial effective date, after which date this Agreement shall continue in effect until cancelled by either Party as herein provided. IL CANCELLATION This Agreement may be cancelled at any anniversary by either Party giving the other written notice of cancellation thirty (30) days prior to such anniversary date. M. COMPENSATION EMPLOYER shall pay SERVICE AGENT for services rendered herein the annual base fee of FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500.00) for supervision of claims. At the end of the first anniversary of this Agreement, the annual compensation shall be subject to adjustment as mutually determined by EMPLOYER and SERVICE AGENT, based upon changes in workload. SERVICE AGENT agrees to notify EMPLOYER in writing of any increase in service fee based on changes in workload forty-five (45) days prior to each anniversary. -2- IV. OBLIGATIONS SERVICE AGENT will supervise and administer the self-insurance plan for the EMPLOYER in full compliance with all applicable laws, rules and regulations governing the administration of self-insurance; and SERVICE AGENT will act as the representative of the EMPLOYER in all matters related to such adminis- tration and will perform fully all the below -listed functions: A. CLAIMS: 1. Complete handling of all loss adjustments, investigations and settlements falling within the EMPLOYER'S self -insured retention. 2. Maintain a claim file for each reported claim; submit monthly experience reports in the form the EMPLOYER requires; provide complete accounting for the program which at all times is subject to review by the EMPLOYER. 3. Recommend claim reserves and provide a continuous review and updating of these to reflect changes. 4. Assist the Risk Manager in the analysis of claims to prevent future similar occurrences with periodic reports reflecting trends, hazardous areas and recommendations for accident prevention. 5. Coordinate investigations on litigated claims with attorneys approved by the EMPLOYER and with adjusters and attorneys of the excess insurance carrier as required. 6. Be available to consult with the EMPLOYER on any insurance matter and to make available to the Risk Manager the expertise and experience of SERVICE AGENT'S staff of professionals to assist him in achieving a successful self-insurance program. 7. In the event of cancellation of this Agreement, SERVICE AGENT will continue to handle all pending claims on the following terms: ,..%V \44� -3- SERVICE AGENT will receive fifty percent (50%) of the monthly fee for the first ninety (90) days of service and twenty-five percent (25%) of the monthly fee for the next ninety (90) days. After one hundred eighty (180) days, files will be returned to the EMPLOYER in an orderly manner. The EMPLOYER agrees to indemnify, protect, save and keep harmless GALLAGHER BASSETT INSURANCE SERVICE and ARTHUR J. GALLAGHER be CO. from any and all loss, cost, damage, or expense arising out of the administration and handling of any claims after these records and files have been returned. 8. Assist in the collection of claims against others for damage to EMPLOYER'S property and make recommendations regarding salvage matters. 9. All sizable and unusual claims will be reviewed by SERVICE AGENT'S internal legal staff at no additional cost to the EMPLOYER. 10. Provide all necessary personnel to perform the services agreed upon herein. I I. Obtain approval from the EMPLOYER before paying any claim in excess of TWO THOUSAND DOLLARS ($2,000.00) and furnish precautionary reports on all serious claims. B. LOSS PREVENTION SERVICE AGENT'S Loss Prevention services will be provided in the following areas, where coverages apply: I. General and Public Liability Loss Prevention 2. Automobile and Fleet Loss Prevention SERVICE AGENT will prepare computerized loss data which will detail loss experience by location as follows: 1. By dollar loss 2. By accident frequency 3. By line of coverage 4. By accident cause Loss analysis of computer data will be used to identify problem areas so control action plans can be developed. SERVICE AGENT'S Loss Prevention service will assist in the devel- opment of control programs, where needed, for coverages covered by this Agreement. Existing safety programs will be evaluated as to their effectiveness in controlling the causes of accidents in EMPLOYER'S operations. Location audits to determine how effective the safety program is functioning can be made. The frequency of our own safety surveys will be based on need from analyzing the accident causes and trends. Periodic meetings with members appointed by the EMPLOYER'S administration will be held to ensure a mutually satisfactory assignment of priority to your loss prevention needs. Progress report meetings to review accident problems and needed action should be scheduled with responsible individuals from the EMPLOYER'S administration and SERVICE AGENT periodically. e -5- V. CONSIDERATION The promises made and the obligations assumed by each Party to this Agreement are made and assumed in consideration of the promises made and the obligations assumed by the other Party to this Agreement. The EMPLOYER is making this Agreement specifically with the SERVICE AGENT and that same is intended to be a personal service Agreement. SERVICE AGENT shall not assign this Agreement or any responsibilities pursuant to said Agreement without the express consent of the EMPLOYER. The Parties hereto, may, by mutual written agreement, change the scope of services or the amount of compensation set forth hereinabove in this Agreement. VI. EQUAL OPPORTUNITY CLAUSE In consideration with the execution of this Agreement, the EMPLOYER and the SERVICE AGENT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The EMPLOYER and SERVICE AGENT shall take affirmative action to ensure that applicants are employed and that employees are treated fairly during their employment without regard to race, religion, color, sex or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff, or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 10 SIGNATURES By these signatures, the Parties agree to all the terms, conditions and provisions of this Agreement. Dated this 19th date of November , A.D. 1984. EAGLE COUNTY GUENTHER AHLF, VICE PRESIDENT- GALLAGHER BASSETT INSURANCE SERVICE DIVISION OF ARTHUR J. GALLAGHER & CO.