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Item 37 - Renewal with Third Party Administrator for Claims Admin. Service
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08/17/2021 Regular
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Item 37 - Renewal with Third Party Administrator for Claims Admin. Service
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Agenda Packet
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Clerk of the Council
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37
Date
8/17/2021
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14. Employment Practices. The Administrator agrees to comply with the following <br />employment practices during the term of this Agreement: <br />a. In providing for the Services, the Administrator shall not discriminate against any <br />employee or applicant for employment on the basis of race, religion, color, sex, disability national origin, <br />or any other protected category under state or federal law. <br />b. The Administrator shall take affirmative actions to ensure that applicants are <br />employed and employees are treated during their employment without regard to race, religion, color, sex, <br />disability or national origin. <br />C. Affirmative actions shall include, but not be limited to, the following: employment, <br />upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay <br />or other forms of compensation and selection for training, including apprenticeship. <br />15. Conflicts of Interest. <br />Administrator shall avoid all conflicts of interest or appearance of conflicts of interest in <br />performance of this Agreement. <br />16. Force Majeure. <br />a. "Force Majeure" means any cause beyond the reasonable control of a party, <br />including but not limited to act of God, civil or military disruption, fire, strike, flood, riot, war, or inability <br />due to the aforementioned causes to obtain necessary labor, materials, or facilities. <br />b. If any Party hereto is delayed or prevented from fulfilling its obligations under this <br />Agreement by Force Majeure, said Party will not be liable under this Agreement for such delay or failure, <br />nor for damages or injuries resulting directly from the inability to perform scheduled work due to Force <br />Majeure. <br />C. Administrator shall be granted an automatic extension of time commensurate with <br />any delay in performing scheduled work arising from Force Majeure. Administrator agrees to resume <br />such work within three (3) days after the Force Maj cure has subsided enough to do so. <br />17. Assignment. Neither Party shall assign or transfer its interest in this Agreement or any part <br />thereof without the written consent of the other Party. <br />18. Waiver of Breach. The waiver of a breach of this Agreement shall not be construed as a <br />waiver of any subsequent breach. <br />19. Notice. Whenever it shall be necessary for either Party to serve notice on the other <br />respecting this Agreement, such notice shall be served by personal delivery or by certified mail addressed <br />at the following address, unless and until different addresses maybe furnished in writing by either Party <br />to the other and such notice shall be deemed to have been served within seventy-two (72) hours after the <br />same has been deposited in a United States Post Office by certified mail or has been delivered personally, <br />and shall be valid and sufficient service of notice for all purposes: <br />Page 11 of 13 <br />25D-17
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