R00-152RESOLUTION NO. R 00-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF A BID TO GALLAGHER BASSET
SERVICES, INC. TO PERFORM ADJUSTMENT
SERVICES FOR LIABILITY AND PROPERTY CLAIMS,
IN THE AMOUNT OF $46,246; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE SAID
CONTRACT; AND PROVDING AN -EFFECTIVE
DATE.
WHEREAS, the City Commission of the
City of Boynton Beach, upon
recommendation of staff, deems it to be in the best interests of the citizens of the City of
Boynton Beach to piggyback off the Contract for Services between City of Riviera Beach
and Gallagher Bassett Services, Inc., effective 10/01/2000 through 10/01/2001 to perform
adjustment services for liability and property claims, in the amount of $46,246.
NOW, THEREFORE, BE IT RESOLVED BY TItE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
hereby approves the piggyback off Contract for Services between City of Riviera Beach
and Gallagher Bassett Services, Inc. effective 10/01/2000 through 10/01/2001, and
authorizing the Mayor and City Clerk to execute a Contract between the parties, a copy of
which is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately.
11
PASSED AND ADOPTED THIS
ATTEST:
(CorpOrate Seal~X~
s:ResoXBid AwardXPiggyba~
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day of November, 2000.
Vice Mayor
M
Commissioner
Commissioner
GALLAGHER BASSETT SERVICES~ INC.
CONTRACT FOR SERVICES
PARTIES
City of Boynton Beach (hereinafter "CLIENT") hereby retains Gallagher Bassett Services, Inc. (hereinafter "GB") to
perform the services listed on Schedule V.
TERM
This contract shall be in effect from 10/1/00 to 10/1/01 and shall remain in full force and effect unless amended or
terminated. If CLIENT elects to continue this Agreement beyond 10/1/01, GB will renew the contract by Addendum on
an annual basis.
ATTACH M E NTS
Attached hereto and made a part hereof are the following schedules:
I. OBLIGATIONS OF THE PARTIES
I1, BANKING
II1. TERMS AND CONDITIONS
IV. DEFINITIONS
V. SERVICES AND FEES
CITY OF BOYNTON BEACH
Title: ,/J'~,'~ ~'~,~,
Date: /[/~'~,~ /4~:~:::~'
ADDRESS: P.O. Box 310
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
APPROVED A.~ TO
GALLAGHER BASSE1-F SERVICES, INC.
By:
Date:
ROBERT MASON
CHIEF FINANCIAL OFFICER
ADDRESS: Two Pierce Place
Itasca, IL 60143-3141
06\cql~oynton Beach, City of - 001470.doc
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SCHEDULEI
OBLIGATIONS OF THE PARTIER
Obligations of GB
GB agrees to perform the following services:
1. With regard to Claims Administration, GB shall:
Review each claim and loss report submitted by the CLIENT during the term of this contract.
Conduct an investigation of each qualified claim or loss to the extent deemed necessary by GB.
Maintain a file for each qualified claim or loss which shall be available for review by the CLIENT.
eo
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.
Perform necessary and customary administrative and clerical work in conne(;tion with each
qualified claim or loss, including the preparation of checks or vouchers, releases, agreements and
other documents needed to finalize a claim.
f. Establish and update claim reserves as needed.
Assist the CLIENT in establishing a banking arrangement for loss and expense payments as set
forth in Schedule II.
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.
Coordinate investigations on litigated claims with attomeys 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.
Have GB's intemal Product Support staff review large and unusual claims at no additional cost to
the CLIENT, unless specified in Schedule V.
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.
Maintain an automated loss and information system, and provide the CLIENT with reports from
RISX-FACS® as set forth in Schedule V.
Provide forms, as determined by GB, needed to administer the CLIENT's program.
Provide additional ad hoc information, analysis, reports and services on a time and expense
basis.
06\cql\Boynton Beach, City of - 001470.doc
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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.
With respect to Self-Insurance Qualification, GB shall assist the CLIENT in the filing of periodic reports
and renewal applications required by state administrative agencies. All fees and assessments in
connection With such are the obligation of the CLIENT.
With regard to Risk Control Consulting and Appraisals, GB shall provide the services set forth in
Schedule V.
4. Provide other services as set forth in Schedule V.
Obligations of CLIENT
CLIENT shall pay GB for services the annual sum set forth in 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, GB shall audit the claim counts at the 18th, 24th, 36th and 48th month. CLIENT shall
pay GE, any additional fees due as a result of these audits as specified under the Billing and Payment
Terms section in Schedule V.
CLIENT shall provide funds for the payment of qualified claims or losses, allocated loss expenses, and
any Managed Care fees, if applicable. GB shall not be required to advance funds to pay losses,
allocated loss expenses, bank charges, or Managed Care fees.
Fees are payable upon receipt of invoice. GB reserves the right to charge 1% per month, or the
maximum legal rate, on balances unpaid after 30 days.
SCHEDULE II
BANKING - VOUCHER
GB agrees to assist the CLIENT in setting up a voucher system for loss and expense payments.
CLIENT shall at all times be responsible for the payment of qualified claims or losses and of allocated loss
expenses. For this purpose, allocated loss expenses shall mean all costs, charges or expenses of third parties
incurred by GB, its agents or its employees, which are properly chargeable to a qualified claim or loss including
without limitation court costs, fees and expenses of attorneys, independent investigators, experts and
witnesses, fees for obtaining diagrams, reports, documents, photographs, surveillance and appraisals.
CLIENT will establish procedures to make timely payments of loss and expense vouchers submitted by GB
during the course of its claims management program.
It is expressly understood that GB shall not be required to advance its own funds to pay losses, and GB shall
have authority to commit the CLIENT's funds up to the discretionary payment limit set forth in Schedule II1.
GB shall be held harmless and indemnified by CLIENT from any failure of CLIENT to make payments within
agreed to or statutory time frames.
06\cql\Boynton Beach, City of - 001470,doc
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SCHEDULE III
TERMS AND CONDITIONS
Discretionary Settlement Authority - The limit on any settlement payment by GB shall be as set forth in
Schedule V. It is agreed that GB 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 GB to settle a qualified
claim or loss within such limit shall not subject GB to liability to any party in the event of an adverse judgment
entered by any court or the settlement of such claim or loss for an amount in excess of such limit.
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.
Unless stated otherwise in Schedule V, GB agrees that all claim files for claims incurred during the contracted
periods will be handled for no additional fees for as long as the CLIENT continues to renew at least 50% of its
program under this Agreement. In the event of cancellation or nonrenewal of 50% or more of this program, GB
will continue to manage all pending run-off claims, and run-off claims incurring in this service term but not
reported prior to the date of termination only if CLIENT pays GB, within established terms, to continue handling
open claims, at GB's prevailing rate on the date of termination. A reduced RISX-FACS® reporting package will
be provided at the CLIENT's expense. Banking and administration fees will be charged to the CLIEN'[ as long
as GB handles the claims.
Should the CLIENT elect to have the files returned to them, CLIENT agrees to reimburse GB for all payments
made and subsequently paid by the bank, on behalf of the CLIENT, until all claims are closed within the RISX-
FACS® system and all claim files have been returned to the CLIENT. GB will provide a tape or paper copy of
the claim information in RISX-FACS® at GB's prevailing rate on the date of termination. Upon delivery of this
information to CLIENT, claim information may be deleted from the system.
If the CLIENT fails to pay any amounts billed, including but not limited to GB's service fee during the contract
period; audit billings per Schedule I, Section B,1, Paragraph 2; the service fee to continue handling claims past
termination date; or bank charges, within 30 days, GB shall have the right to terminate the contract by giving the
CLIENT ten (10) days' notice in writing. After receipt of payment of all fees due, GB will then return all files to
the CLIENT in an orderly manner. Costs for file transfer shall be the obligation of the CLIENT.
Sole Claims Administrator - During the terms of this Agreement and except as otherwise agreed to by the
parties hereto, CLIENT agrees that GB shall be the sole claims administrator with respect to CLIENT's program
and that all new claims under CLIENT's program shall be forwarded to GB. CLIENT further agrees not to self-
administer or adjust any such claims or to forward any such claims to any other service organization or
individual without GB's prior written consent.
Practice of Law - GB will not perform any services which may constitute the unauthorized practice of law.
Mutual Indemnification - GB 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 GB.
CLIENT agrees to defend, indemnify, protect, save and keep harmless GB from any and all loss, cost, damage
or exposure arising from the negligent acts or omissions of CLIENT.
The foregoing indemnification provisions shall survive termination of this Agreement.
0~cql\Boynton Beach, City of - 001470.doc
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Notices - Any notice required to be given under this contract shall be sent by certified mail to the following in the
case of GB:
Mr. Robert Mason
Chief Financial Officer
Gallagher Bassett Services, Inc.
The Gallagher Centre
Two Pierce Place
Itasca, IL 60143-3141
and in the case of the CLIENT:
Ko
Mr. Charles Magazine
Risk Manager
City of Boynton Beach
P.O. Box 310
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Successors/Affiliates - This contract shall be binding upon and shall inure to the benefit of all assigns,
transferees and successors in interest of the parties. The services to be provided by GB hereunder maybe
provided in whole or in part by any affiliated entity of GB, at the sole discretion of GB. In such event, the terms
of this Agreement shall be binding upon and shall inure to the benefits of such affiliated entity.
Modification - This contract represents the entire Agreement between the parties and may be modified only in
writing. GB reserves the right to modi~ fees if:
It is determined that the historical data upon which GB's 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 GB's services or responsibilities.
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. GB
reserves the right to use statistical information or other data, so long as the CLIENT's name and/or confidential
data are adequately protected.
Status - It is understood that GB 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
Florida.
Managed Care - If GB provides Managed Care services as part of the CLIENT's program, either directly or
indirectly through an independent contractor, CLIENT agrees that GB may be entitled to an additional fee in
connection with the Managed Care services (all or part of which may be paid to GB by the independent
contractor) and to comply with the procedures for utilizing any such Managed Care services. Any such
additional fee will be in exchange for bona fide administrative services provided by GB in connection with the
06\cql\Boynton Beach. City of - 001470.doc
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Managed Care services. If GB provides CLIENT access to the First Health Preferred Provider Organization,
CLIENT agrees to comply with the procedures for utilizing the FirSt Health PPO Program.
Reporting - GB will not assume that other coverage (unknown to GB) exists for a qualified claim or loss. GB
shall not be responsible for reporting to carriers on a type of claim or loss not managed by GB.
Fines and Penalties - GB 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. GB
shall not be responsible for any fines or penalties assessed as a result of delayed submissions of first reports of
injury due to inaccurate or improperly reported information provided by the CLIENT.
Solicitation of Employees - CLIENT agrees that, during the term of this Agreement and for a two-year period
thereafter, CLIENT shall not, without the consent of GB, solicit to hire, or hire any employee of GB who, during
the term of this Agreement, has performed, or contributed to the performance of, services hereunder. CLIENT
further acknowledges that the damages suffered by GB as a result of a breach of this obligation would be
significant but not susceptible of easy calculation. Accordingly, in the event of a breach of the aforesaid
obligation, CLIENT agrees to pay GB an amount equal to one hundred fifty percent (150%) of suc't~ employee's
annualized salary amount at GB as of the date of breach.
Risk Control Consulting - With respect to any risk control consulting services, including any form of inspection
service provided by GB to CLIENT:
Such services shall be in the nature of advisory to the CLIENT only and shall not be construed as
imposing upon GB any duty to implement any recommendation made by GB or to otherwise ensure that
any premises, equipment or other subject matter of a GB consulting service is safe or free from hazards
or defects;
Such services shall be solely for the benefit of CLIENT and shall not be construed as creating any duty
to, or conferring any right to, any third party, including without limitation, any duty to warn any third party
or the public at large;
CLIENT shall make no communication to any third party concerning the role or nature of GB's services
without the prior consent of GB.
If GB fails to complete the contracted Risk Control Consulting Services during the term of this Agreement
due to the CLIENT's failure to cooperate with GB's service delivery objectives, then GB will have an
additional six (6) months in which to complete the contracted services. If the CLIENT fails to cooperate
with GB's service delivery objectives during such six (6) month period, then GB's obligation to complete
the contracted services will be deemed to be fulfilled and CLIENT shall not be entitled to any refund for
services not provided. If for any reason other than CLIENT's lack of cooperation, GB fails to complete
the contracted services during the term of the Agreement, then CLIENT, at its discretion, may either
receive a refund for that portion of the contracted services which were not completed or may extend the
time for completion of the contracted services by a period of six (6) months.
Records Retention - GB 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. GB will retain hard-copy checks for 24 months following the date of bank clearance. Thereafter,
copies of checks will be maintained on microfiche.
Subroqation - To the extent GB is involved in pursuing recoveries against third parties or otherwise undertaking
subrogation activities on behalf of CLIENT, GB is authorized to collect, in the name of the CLIENT or in the
name of GB, all funds due as a result of such recovery or subrogation activities. GB 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.
06\cql\Boynton Beach, City of - 001470.doc
Taxes - CLIENT shall be responsible for payment of all applicable sales, use, ad valorem and excise taxes;
duties; and assessments relating to the services provided hereunder. CLIENT shall hold GB harmless from all
claims and liability arising from CLIENT's failure to pay such taxes.
Non-U.S. Dollar Transaction - In the event that GB handles any non-U.S. Dollar claims, CLIENT shall be
responsible for any rate fluctuations.
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 as defined in the RISX-FACS® system.
Discretionary Settlement Authority - GB is authorized to make payment, for loss or expense, up to this amount, as
GB deems necessary.
Qualified Claim or Loss - GB 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
· professional photographs
· medical record
· experts' rehabilitation costs
· accident reconstruction
· architects, contractors
· engineers
· police, fire, coroner, weather, or other such reports
· property damage appraisals
· extraordinary costs for witness statements
· official documents and transcripts
· sub rosa investigations
· medical examinations
· extraordinary travel made at CLIENT's request
· court reporters
· fees for service of process
· pre- and post-judgment interest paid
· chemists
· collection costs payable to third parties on
subrogation
· any other similar cost, fee or expense reasonably
chargeable to the investigation, negotiation,
settlement or defense of a claim or loss which must
have the explicit prior approval of the CLIENT
· Managed Care
Managed Care - Managed Care services shall include, but not be limited to:
· preferred provider organization networks
· state fee scheduling
· usual, customary and reasonable bill review
· 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
· wholesale pharmaceutical network
· retail pharmaceutical network
06\cql\Boynton Beach, City of- 001470.doc
lent: City of Boynton Beach
.~rvice Period: From 10/1/00 to
10/1/01
SCHEDULE V
SERVICES AND FEES
GB Client #: 001470
SERVICES PROVIDED:
A. Claims Administration
Auto Liability - Bodily Injury (AB)
Auto Liability - Property Damage (AD)
Auto Physical Damage (APD)
General Liability - Bodily Injury (GB)
General Liability - Property Damage (GD)
Products Liability
Professional Liability
Property
Workers' Compensation (VVC)
Medical Only
Indemnity
Other:
Assumption
Information Services
RISX-FACS®
Standard Package
Non-Standard Reports
dsxfacs.com
Terminals & Pdnters
Data Transfer
Other:
Inc_.~l
X
X
X
X
X
X
SERVICES PROVIDED: Inc._.Jl
C. Loss Funding ·
SIMMS
Voucher X
Client Owned Banking
D. Supplemental
Loss Notice Program Rpt. Level $
Topical Captioned Rpts Rpt. Level $50,000 X
Meetings X
Settlement Authority $10,000 X
Index Bureau X
Coordination X
Set-Up/Progrem
Incident Processing
Record Only ProcesSing
Update Appraisals
Risk Inspections
GB/GCR Mgd. Care (Paid Off File)
E. Risk Control Consulting
Loss Control - Hours
Risx-Control Consulting - Hours
TOTAL $ 46,246
ADDITIONAL SERVICE TERMS AND CONDITIONS:
Client will be billed against the initial claim handling deposit of $30,736 at the following per claim rates:
Auto/General Liability Bodily Injury @ $620 per claim
Auto/General Liability Property Damage @ $316 per claim
Property @ $509 per claim
BILLING AND PAYMENT TERMS:
Fee is payable in 1 annual installment beginning 10/1/01. Fees are payable upon receipt of invoice. GB reserves the right to
charge 1% per month, or the maximum legal rate, on balances unpaid after 30 days.
06\cql\Boynton Beach, City of- 001470.doc
So
Taxes - CLIENT shall be responsible for payment of all applicable sales, use, ad valorem and excise taxes;
duties; and assessments relating to the services provided hereunder. CLIENT shall hold GB harmless from all
claims and liability arising from CLIENT's failure to pay such taxes.
Non-U.S. Dollar Transaction - In the event that GB handles any non-U.S. Dollar claims, CLIENT shall be
responsible for any rate fluctuations.
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 as defined in the RISX-FACS® system.
Discretionary Settlement Authority - GB is authorized to make payment, for loss or expense, up to this amount, as
GB deems necessary.
Qualified Claim or Loss - GB 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
· professional photographs
· medical record
· experts' rehabilitation costs
· accident reconstruction
· architects, contractors
· engineers
· police, fire, coroner, weather, or other such reports
· property damage appraisals
· extraordinary costs for witness statements
· official documents and transcripts
· sub rosa investigations
· medical examinations
· extraordinary travel made at CLIENT's request
· court reporters
· fees for service of process
· pre- and post-judgment interest paid
· chemists
· collection costs payable to third parties on
subrogation
· any other similar cost, fee or expense reasonably
chargeable to the investigation, negotiation,
settlement or defense of a claim or loss which must
have the explicit prior approval of the CLIENT
· Managed Care
Managed Care - Managed Care services shall include, but not be limited to:
· preferred provider organization networks
· state fee scheduling
· usual, customary and reasonable bill review
· 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
· wholesale pharmaceutical network
· retail pharmaceutical network
06\cql\Boynton Beach, City of-001470.doc
lent: City of Boynton Beach
;rvice Period: From 10/1/00 to
10/1/01
SCHEDULE V
SERVICES AND FEES
GB Client #: 001470
SERVICES PROVIDED:
A. Claims Administration
Auto Liability - Bodily Injury (AB)
Auto Liability - Property Damage (AD)
Auto Physical Damage (APD)
General Liability - Bodily Injury (GB)
General Liability - Property Damage (GD)
Products Liability
Professional Liability
Property
Workers' Compensation (WC)
Medical Only
Indemnity
Other:
Assumption
Information Services
RISX-FACS®
Standard Package
Non-Standard Reports
dsxfacs.com
Terminals & Printers
Data Transfer
Other:
Inc__.[
X
X
SERVICES PROVIDED: Inc...~l
C. Loss Funding -
SIMMS
Voucher X
Client Owned Banking
D. Supplemental
Loss Notice Program Rpt. Level $
Topical Captioned Rpts Rpt. Level $50,000 X
Meetings X
Settlement Authority $10,000 X
Index Bureau X
Coordination X
Set-Up/Program
Incident Processing
Record Only Processing
Update Appraisals
Risk Inspections
GB/GCR Mgd. Care (Paid Off File)
E. Risk Control Consulting
Loss Control - Hours
Risx-Control Consulting - __ Hours
TOTAL $ 46,246
ADDITIONAL SERVICE TERMS AND CONDITIONS:
Client will be billed against the initial claim handling deposit of $30,736 at the following per claim rates:
Auto/General Liability Bodily Injury @ $620 per claim
Auto/General Liability Property Damage @ $316 per claim
Property @ $509 per claim
BILLING AND PAYMENT TERMS:
Fee is payable in 1 annual installment beginning 10/1/01. Fees are payable upon receipt of invoice. GB reserves the right to
charge 1% per month, or the maximum legal rate, on balances unpaid after 30 days.
06\cql~Boynton Beach, City of- 001470.doc