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HomeMy WebLinkAbout25 - Workers Comp 3rd Party Administrator - Amended PagesReceived After Agenda Printed AMENDED Item No. 25 November 25, 2014 performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Three Hundred Fifty Seven Thousand One Hundred Thirty One Dollars and 00 /100 ($1,357,131.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Upon the first anniversary of the Effective Date of this Agreement and upon each anniversary of the Effective Date thereafter, the Billing Rate set forth in Exhibit B may be adjusted not more than the change in the Consumer Price Index (LA- OC- Riverside, All Urban Consumers) or 2 %, whichever is less. Any adjustment per this section shall be made pursuant to a written request by the Consultant, subject to the conditions set forth in this Section. Requests for adjustment to the Billing Rate shall be made in writing to the City from the Consultant. Such requests shall include an explanation and demonstration of increased costs incurred by the Consultant related to this Agreement. Requests shall be reviewed by the Human Resources Director for validity, and the City reserves the right to accept or reject requests for Adjustment. Adminsure, Inc. Page 2 AMENDED EXHIBIT B SCHEDULE OF BILLING RATES Received After Agenda Printed Item No. 25 November 25, 2014 For the Scope of Services described in this Agreement, Consultant shall be compensated a flat annual Billing Rate in the amount of Two Hundred Sixty Thousand Seven Hundred Eighty Four Dollars and no /100 ($260,784.00). Upon the first anniversary of the Effective Date of this Agreement and upon each anniversary of the Effective Date thereafter, the Billing Rate set forth in this Exhibit may be adjusted not more than the change in the Consumer Price Index (LA -OC- Riverside, All Urban Consumers) or 2 %, whichever is less. Any adjustment per Section 4 of this Agreement shall be made pursuant to a written request by the Consultant, subject to the conditions set forth in Section 4. Requests for adjustment to the Billing Rate shall be made in writing to the City from the Consultant. Such requests shall include an explanation and demonstration of increased costs incurred by the Consultant related to this Agreement. Requests shall be reviewed by the Human Resources Director for validity, and the City reserves the right to accept or reject requests for Adjustment. The following table below illustrates the maximum compensation amount to Consultant, per Agreement year: Year Not -to- Exceed Compensation Amount Year 1 $260,784.00 Year 2 $266,000.00 Year 3 $271,320.00 Year 4 $276,746.00 Year 5 $282,281.00 MAXIMUM AGREEMENT COMPENSATION $1,357,131.00 Additional Services The following services shall be provided to the City on an as- requested basis at no additional charge: • Transition and Implementation • Online Access of All Data and Reports • Generation of All Reports and Ad -Hoc Reports • MMSEA, WSIC, ISO /DEX and 1099's • Training and Development of Special Account Instructions /Procedures; and • All Meetings, Claim Reviews, Forms, Posters, Pamphlets and Checks. Adminsure, Inc. Page B -1