HomeMy WebLinkAboutC.054.93010_0767 (2)adjust contributions accordingly.
4. Charges. Changes in rates, discounts and other charges will occur only on the Member's renewal date and will remain to
effect for a twelve (12) month period.
S. Contribution Collection. Contributions are due thirty (30) days from the date of the invoice. Contributions resulting from
claims payments for deductible members are due thirty (30) days from the date of invoice for payments made during the
previous month.
6. Claims Administration.
a. Claims Filing/Reporting, The Member will, as soon as practicable, report in writing to the Pool every loss
occurrence that may give rise to a claim. Written notice containing particulars sufficient to identify the Member
and also reasonably obtainable information with respect to the time, place and circumstances thereof and the names
and addresses of the injured and of available witnesses shall be given by or for the Member to the Pool or any of its
authorized designees as soon as practicable.
'Phe Member will cooperate with the Pool, and, upon the Pool's request and reasonable expense, will
attend hearings and trials and will assist in effecting settlements, in securing and giving evidence, in
attaining the attendance of witnesses and in conducting suits. If a claim is made or suit is brought
against the Member, the Member shall immediately forward to the Pool every demand, notice,
summons or other process received by the Member or its representative.
In. Settlement Authority. The Pool or its designee retains sole authority to adjudicate claims. All decisions
on individual cases shall be made by the Pool or its designee, including the decision to appeal or not to
appeal or to settle or not to settle a claim.
c. Claims Funding (Liability Deductible Members): Claims payments within the deductible layer of the
coverage will be reimbursed to the Pool within thirty (30) days of the date of the invoice, without
exception.
7. Termination by the Pool. This Agreement can be canceled by the Pool only on a renewal date and only after
having given written notice by certified mail, return receipt requested, to the Member at least sixty (60) days
before such anniversary date except that the Pool may cancel at any time: (i) after giving ten (10) days
written notice to the Member if the Member has failed to pay any contribution when due, or, (it) as a result
of substantive reorganization or dissolution of the Member. If the Pool chooses not to cancel for non-
payment, payment of the Member's claims will be suspended immediately until the balance due is paid in
full.
8. Termination by the Member. The Member may cancel this Agreement without penalty effective on their
renewal date, after giving written notice to the Pool at least thirty (30) days prior to such renewal date. In no
event will termination become effective prior to thirty (30) days from the date of notice of termination by the
Member.
9. Termination Penalty. In the event the Member fails to comply with the provisions as outlined in Article 8
above, or if the Pool cancels for non-payment, the Member will be liable as follows: (i) if notice to the Pool
is less than thirty (30) days before the Member's renewal date but prior to the renewal effective date, ten
percent (10%) of the annual estimated renewal contribution will be payable, (it) if notice to the Pool is after
the renewal date, the full annual estimated renewal contribution will be payable.
10. Member Appeals. The Member shall have the right to appeal any decision or recommendation to the Pool's
Board of Trustees, whose determination will be final. Any appeal shall be made in writing to the Pool's
Director of Risk Management within thirty (30) days of the decision or recommendation.
IL Membership. In the interest of providing effective governance, the Member or at least one of its budgetary
contributors, must be a member of the North Carolina Association of County Commissioners.
12. Notice. Any written notice to the Pool shall be made by first class mail, postage prepaid, and delivered to the
Pool's Director of Risk Management, North Carolina Association of County Commissioners, PO Box 1488,
Raleigh, NC 27602-1488,
13. Severability. If any portion of this Agreement shall be declared illegal or unenforceable for any reason, the
remaining portions shall continue in full force and effect.
7. Request for Approval of an Amended Application for Public School Building
Capital Fund (PSBCF) Monies for the Third Creek Elementary School Project: Finance
Director Blumenstein said the initial PSBCF application was for $2,455,200 but only $1,452,690
was available at that time (February 2001). She said the amended application would yield
$750,000 when approved by the state.
Request for Approval of the May 7, 2002 Minutes
9. Request for Approval of a COPS in Schools Grant Application (See briefing minutes
for additional information about this grant.)