2006-040-RES-Intergovernmental employee benefits pool

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7. To the extent allowed by law, the undersigned Employer will indemnify and hold harmless the Pool and its officers, agents, employees and representatives from all suits, actions, losses, damages (including punitive damages), claims or liability of any type, including without limiting the generality of the foregoing all expenses oflitigation, court costs, and attorney's fees, resulting from the failure of the undersigned Employer to give any notice required by this Agreement. The undersigned Employer will fund this obligation out of current revenues in the year the obligation is determined or will levy a tax to fund the obligation if current revenues are insufficient. III. Pool Duties 1. The Pool staff will monitor changes in Continuation of Coverage and the case law which develops interpreting Continuation of Coverage. 2. The Pool will provide election notices within 14 days of the receipt of notices of qualifying events sent by the Employer. 3. The Pool will provide the appropriate notification letters to the employee or their dependent(s) as required by Continuation of Coverage statutes. These letters may include any or all ofthe following: a) benefit availability - initial notice, enrollment card and cost; b) confirmation of enrollment and payment coupons c) notice of termination letters 1. Failure to reply 2. Failure to make initial payment 3. Failure to make regular payment 4. End of eligibility (no longer qualified) 5. End of eligibility period d) open enrollment e) contribution change and revised payment coupons Q conversion to an individual policy g) Medicare eligibility h) verification of full-time student status i) verification of incapacitated child status 4. The Pool will provide the Continuation of Coverage participants with ID cards, a benefit booklet, and other materials as the need may arise. 5. The Pool will maintain records that all required notifications were sent and copies are available to the Member upon request. 6. The Pool will collect the required contributions at the maximum amount allowed by law. Upon notice for the Employer under II.I., the Pool has fourteen (14) days to send the Continuation of Coverage notice. Once the election notice is mailed the qualifying beneficiary has sixty (60) days to elect Continuation of Coverage. If the qualified beneficiary elects Continuation of Coverage the qualified benefit has forty-five (45) days from election to make the first payment. If insignificant partial payments are made TML IEBP contacts the qualified beneficiary for full payment. The qualified beneficiary has thirty (30) days from deficiency notification to make payment. Insignificant payment deficiency is $50 or 10% of amount due. 7. The Pool will periodically provide the Employer, for their review, with the text of the letter and notices to be used in administering this Agreement. The Pool maintains final authority over the text of these letters and notices. The Pool reserves unto itself the right to modify the letters and notices as may be required pursuant to the Continuation of Coverage statute, any applicable case law and to promote the efficient administration of the Agreement. 8. As allowed by law, the Pool will indemnify, defend, reimburse, and hold harmless the Employer and its employees from any and all liabilities, claims, demands, or suits arising from or related to the provision of Continuation of Coverage administrative services unless those liabilities, claims, demands, or suits arise out of the Employer's failure to give any notice as required in 11,1,2,3,4,5 and 6 of this Agreement. The Pool, upon notice by the Employer will immediately investigate, handle, respond to and defend any such claims, demands or suits at its sole expense. If the liability, claim, demand or suit is based on negligence this contract of indemnity shall apply and the negligence of the Employer and the Pool will be on a percentage basis as in a pure comparative negligence situation under the law.