HomeMy WebLinkAboutContract 170912 03 02:lSp S~ner(et~c Solutions
Synergetic_
Soluttons Inc.
855 Village Centea' Dr., Sui~ 380, St. Paul, MN 55127
(651) 636-5152 (800) 758-2941 Fax (312) 896-5893
ccharais~}synergetiesolufiom.com
31E-8S6-5~10
Hage 2 el 7
This Consulting Agree~neat {"Agreement'), by and b~wom City of Columbia Heights, a corporation organized
and existing under the law~ of the State of Minnesota and having a principal place ofbusinc~ at 590 40th Ave N
E, Columbia Heigh~ ("Client"), and Syner8~ic Solullons, Inc., a coq:~oration orsani~ed and existin8 under the
laws of the State of Minnesota and having a principal place of business at 855 Village Center Drive, Suite 380, St.
Paul, Minnesota ("Comultant"), is entered into W~lm~da¥, March 12, 2003.
1. S~pe or Work
It is understood and agreed that this "Scope of Work' includes the review and/or audit of information related to
Client's workers' compensation imurarw~ costs. The r~viow will focus on lh~ audit of workers' compensation
e~peri~nce modification facto~ that are published prior to, or during, the term of this Agr~ment and the
premiums associated with these modification factors. The Comultarz agrees to:
Obtain documentation required to analyze the Client's workers' compensation experit~ce modification
factor (assumes Client's authorization and assistance where necessary).
· Analyze information related to the development of Client's workers' compensation experi~ce
modification factor, application of' the modification factor, and appropriateness of rates and charges
impacting the cost of workers' compensation insurance. Analysis may include any or all factors used to
detmnine premium and related costs or payments such as (but not limited to) classifications, schedule
credits, premium discounts, d~vidend plans, retention plans, surcharges, endorsements, credits, etc.
· Request and coordittat~ corn~fions with imuranc,~ carrier(s) and rating associations) in order to revise
the experience mealier appropriately and/or reduce premiums.
· Work with insurance carrier(s) to assure the appropriate credit endorsements and/or audit revisions are
issued.
It is asreed that Coasttltant is not oblisated to pursue estimated recoveries o£1ess than one thottsand dollars
($1,000).
2. Payment fei' Services
Client agrees to pay Consultant fifty per cent (50%) of all savings that result from Consaltanfs work. Payments
are duc upon Client's r~ipt of ~rndits, r~xmds or other recoveri~ r~sulting from Consultant's work.
It is understood that corrections effectin8 the then ~urrcnt y~ar premium may result in the premium being
calculated utilizing the revised (after our work) modification factor. In this case, Consultant agrees to furnish th~
Client with a worksheet which clearly shows what the premium would have be~n at the published modification
factor (prior to our work). The Client agrees to pay Consultant 50*4 of the difference in the premium calculated at
the published fpri~ to our work) and the revised (after out we~c) modification factor.
la thc event that savings have been identified and r~lu~ns for correction of data or requests for refund filed with
the carrier(s) involved but savings have not been realized at the expiration of this Agreement, Client agrees to pay
Consultant's fee upon Client's receipt of eredit~, refunds or other recoveries resulting from Consultant's work.
Thc Client shall reimburse Consultant for all expenses, including attorney's fees, paid or otherw~c incurred to
enforce the provisions of this paragraph. Th~ provisions of tiffs paragraph shall smvive termimfion or expiration
of this Agreement.
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From: Christian M. Charais To: Sue Schmidtbauer Date: 3113t2003 Time: 8:15:12 AM
P1ar 12 03 02:20p S~ner~etic $olution~ 312-BgB-5910
Page 3 of 7
p.;~
3~. Oblin~ions of Client
Client asrees to make available to Consultant, upon reasonable notice, data hud documentation required by
Consultant to complete ~ Scope of Work. Client also agrees to sign the al~acbed Consent and Authorization
Letter, which Consull~mt ~ntends to provide to Client's Workers' Compensation Insurance Carrier(s)
(~Carrier(s)") for the purpo~ ofth~ Carrier(s) providing Comultnnt with informntion and documents related to
the audit(s). Client agrees to cooperate as needed with Consultant in procuring this informatioo and documents
from the Client's Carrier(s).
4. Excl~iviW
Client agrees thal Consulta~ will be thc exclusive provider of services desoribed in thc Scope of Work
(Article l). Client will not employ, retain or engage any other person or entity to perform the services itemized in
the Scope of Work during the term of this Agreement.
~ Term
This Agreement shall commence on the final date of signing and shall termimte two years thereafter. This
Agrccmcm may bc renewed by muted written agreement ofthe parties upon the s~mc terms and conditiom or
upon revised terms and condi~ons.
~, l~imitnliom of Linbililv
Either party's liability to the other for any causes whatsegver whether in conuact or in tort, including negligence,
shall be limited to the amount to be paid under ~ Asreement. In no event shall either of the parties hereto be
liable to the other for the payment o£any ~onseque~ial, indirect, or special damages, includln~ lost profits.
7. Govemi~ Law
This ^lp-ccmcnt shall be governed and construed in accordancc with thc laws of thc State of Minncsota without
regard to thc conflicts of laws or principles thereof. Thc partics to this Agreement expressly consent to
Minneapolis, Minnesota as fl~c exclusive jurisdiction and venu~ for any dispute arisir~ with respect to this
agrocrn~'nt
& Waiver of Jury Trinl
To the extent permitted by applicable law, each party to this Agreement irrevocably waives the right to trial by
jury with respect to any and all actiom or proceedings in which Client or Consultant is a party, whether or ncyt
those actions or proceedings arise out of this Agreement ~r any otl~r agreement executed in conjun~'tion with this
Agl'eement
9. No#c~
Any notice or other communication required or permitted under this Agreement shall be given in writing and
delivered by registered or certified mail, postage prepaid and return receipt requested, to the following person (or
thcir successors pursuant to due mxicc):
Bill Elright
City of Columbia Heights
590 40th Ave N E
Columbia Heights, MN 55421
Patrick D. Charais
Synergetic Solutions, Inc.
855 Villase Center Drive
Suite 3~0
St. Paul, MN 55127
Each party shall promptly communicate to the other party any change in name or address relevant to the giving of
notice under this A~reemcnt.
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From: Christian M. Charais To: Sue Schmidtbauer Date: 3/1312003 Time: 8:15:12 AM
Hat 12 03 02:20p S~lnergetic Solutions 312-896-5910
Page 4- of 7
p.3
11. S~erablliW
If any provision of this Agreement is invalid or tmenforceable under aay statme or rule of law, the provision is to
that e~tent to be deemed omitted, and the remaining provisions shall nol b~ affected in any way.
12. Other Imtrumeah,
Both parti~ to this Agre~nnent covenant and agree that they will execute any other insu'umen~s and decuments as
the parties jointly agree to be advisable to carry out this Agreement.
13. Biadi~ Effect-
This Agreement shall be binding upon, and inure to the benefit of, the parties' predecessors, successors and
assifm. Neith~ party may assisn this Asteement and the rJshts here'm granted and obligations ~mdeflaken to any
other party without the express written consent ofthe other party, which consent shall not be unreasonably
withheld.
IN WITNESS THEREOF, and in acknowledgment that the parlics hereto have read and understood each
and eve~ provision hereof.
Client
Cons~itnnt
Synergetic Solutions, lnc,
Presidm!
Date
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CITY OF COLUMBIA HEIGHTS
Finance Deoartment
Information Systems
Financial Reporting
Accounts Payable
Utility Billing
Payroll
590 40th Avenue N.E.. Columbia Heights, MN 55421-3878 Office (763) 706-3600 TDD (763) 706-3692 Fax: (763) 706-3637
Monday, March 17, 2003
To Whom It May Concern:
City of Columbia Heights has retained Synergetic Solutions, Inc. for the purpose of auditing its
Worker's Compensation Experience Modification Factor and related Workers' Compensation
Insurance costs.
Accordingly, this letter is notification to you, your employees and your agents that Synergetic
Solutions, Inc. will be acting as our agent and on behalf of the Company for purposes of the audit.
In order to complete the audit, Synergetic Solutions, Inc. will require certain information that may
include:
· Claim data including loss runs and information for individual claims.
· Payroll audits for Workers' Compensation coverage.
Final and/or revised audits or endorsements.
Classification surveys.
· Experience Modification Factor Rating Worksheets.
· Other related documents.
In that regard, please release information directly to Synergetic Solutions as promptly as possible.
If you should have any questions regarding this letter of authorization or Synergetic Solution's
representation of this Company, please contact the undersigned immediately. Unless you are
informed in writing otherwise from us, this authorization is valid for two (2) years from the date of
this letter.
Finally, we assume that this letter of consent and authorization will suffice for purposes of your
company:
1 .) Releasing information and documents to Synergetic Solutions, Inc. related to our
company, its Workers' Compensation Experience Modification Factor(s) and
related costs of our Workers' Compensation Insurance; and
2.) Cooperating with Synergetic Solutions, Inc. as necessary to complete the audit
If your company requires any additional steps to be completed for this letter of consent and
authorization to become operative, please notify me immediately in writing so that we can
promptly comply with any and all reasonable requests and complete the audit
Thank you for your assistance in this matter.
Sincerely,
1 ofl
Serv~e Is Our Business
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER