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2024-237
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2024-237
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Last modified
10/21/2024 11:45:59 AM
Creation date
10/21/2024 11:41:35 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/24/2024
Control Number
2024-237
Agenda Item Number
8.P.
Entity Name
Davies Claims North America, Inc.
Subject
Third Party Claims Administration Services Agreement for the Self-Funded Workers’
Compensation and Liability Program
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The Cyber Liability coverage may be included as part of the Professional Liability coverage <br />required above. The minimum limits shall be: <br />$1,000,000 Per Claim and Aggregate <br />4.6.7 TPA's Insurance Primary and Non -Contributory. The insurance provided by TPA <br />shall apply on a primary basis to, and shall not require contribution from, any other <br />insurance or self-insurance maintained by IRC or its members, officers, employees, and <br />agents. Any insurance, or self-insurance, maintained by IRC shall be excess of, and shall <br />not contribute with, the insurance provided by TPA. <br />4.6.8 TPA's Insurance as Additional Remedy. Compliance with these insurance <br />requirements shall not limit the liability of TPA. Any remedy provided to IRC by the <br />insurance provided by TPA shall be in addition to and not in lieu of any other remedy <br />(including, but not limited to, as an indemnitee of TPA) available to IRC under this <br />Agreement or otherwise. <br />4.6.9 No Waiver by IRC Approval/Disapproval. Neither approval nor failure to <br />disapprove insurance furnished by TPA shall relieve TPA from responsibility to provide <br />insurance as required by this Agreement. <br />4.7 Compliance with Laws, Rules and Regulations. TPA is responsible for full and complete <br />compliance with all laws, rules, and regulations, including those of the Florida Department of <br />Financial Services, which may be applicable to it. Failure or inability on the part of TPA to comply <br />with such laws, rules, and regulations (including failure to obtain Department of Financial Services <br />approval) shall not relieve TPA from its obligation to perform completely in accordance with this <br />Agreement. <br />4.8 Default. In the event of default, which may include, but is not limited to non-performance <br />and/or poor performance of this Agreement, TPA shall lose eligibility to transact new business <br />with IRC for a period of 14 months from date of termination of this Agreement by IRC. <br />4.9 Public Records Compliance. A. Indian River County is a public agency subject to <br />Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records <br />Law. Specifically, the Contractor shall: <br />(1) Keep and maintain public records required by the County to perform the service. <br />(2) Upon request from the County's Custodian of Public Records, provide the County <br />with a copy of the requested records or allow the records to be inspected or copied within <br />a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as <br />otherwise provided by law. <br />Page 6 <br />
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