Item 22 - Agreements for Third Party General Liability and Workers Comp Claims Administrative Services

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(6) Provide the City with a recommendation to accept or deny a claim within the statutory period in the California Government Tort Claims Act; (7) Provide immediate notification to the City of offers to settle; (8) Obtain settlement authority from City, ICRMA (when required), and the excess carrier where applicable; (9) Obtain releases and other necessary forms from all appropriate parties upon settlement of a claim prior to issuing a settlement check; (10) Upon the City's request, assist with preparation for, and attend small claims court hearings, court hearings and City Council meetings at no additional charge to the City; (I t) Prepare and, where needed, obtain approval for issuance of checks, drafts, or other documents in the payment of claims with electronic copies sent to the City; (12) Promptly determine any potential to tender a claim to third parties and the feasibility of subrogation, and take appropriate steps to subrogate, where such action is appropriate; (13) Promptly close each claim as soon as possible, but no later than 30 days after final check issuance; (14) Make available time, electronic files, and necessary staff for meetings with the City and attendance at applicable meetings for settlement authority, claim resolution strategy, and periodic claim audits; (15) After collecting member data, Consultant shall determine whether claimants are Medicare beneficiaries. If claimants are found to be Medicare beneficiaries, Consultant as part of any settlement with the claimant shall on behalf of the City take all steps necessary to protect Medicare's interests. This shall include, but is not necessarily limited to, confirming that all known liens or claims by Medicare shall be satisfied from the settlement, and making all reasonable efforts to determine whether Medicare will be asserting any future liens or claims against the City, and if so, to satisfy as part of the settlement any such liens or claims to the extent they can be determined, through a Medicare Set Aside or other appropriate procedure or mechanism; and (16) Maintain complete records of payments from an approved trust account, established by the Consultant on behalf of the City for the purpose of paying all claims related costs. b. Litigation Management. (i) Consultant shall assist in the implementation and conform to the procedures of the City Attorney's Office and ICRMA's Litigation Management Program.