File #: 11-579    Name:
Type: Minutes Status: Passed
File created: 5/24/2011 In control: Board of Supervisors
On agenda: 5/24/2011 Final action: 5/24/2011
Title: Approve and authorize the Contracts/Purchasing Officer to sign Amendment No. 3 to the Professional Services Approve and authorize the Contracts/Purchasing Officer to sign Amendment No. 3 to the Professional Services
Attachments: 1. Completed Board Order and Amendment, 2. Signed Board Report and Supporting Docs

 

 

 

 

 

 

 

 

COMPLETED BOARD ORDER AND AME�r�33

Before the Board of Supervisors in and for the

County of Monterey, State of California

Agreement No. A-11991

Approve and Authorize the Contracts/Purchasing Officer

to sign Amendment #3 to the Professional Services

Agreement with Bickmore Risk Services, increasing the

total amount of the contract from $100,000 to $190,000,

and extending the expiration date from August 30, 2011 to

June 30, 2012, to provide program assessment, gap

analysis, workers compensation and general liability third

party administrator program services assessment and

continue to provide annual actuarial analysis of workers'

compensation and self-insurance programs, including

estimation of outstanding liabilities, projected aggregate

costs, departmental cost allocations, and related actuarial

projects for the program services 

Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by

those members present, the Board hereby;

Approved and Authorized the Contracts/Purchasing Officer to sign Amendment #3 to the

Professional Services Agreement with Bickmore Risk Services, increasing the total amount of

the contract from $100,000 to $190,000, and extending the expiration date from August 30,

2011 to June 30, 2012, to provide program assessment, gap analysis, workers compensation

and general liability third party administrator program services assessment and continue to

provide annual actuarial analysis of workers' compensation and self-insurance programs,

including estimation of outstanding liabilities, projected aggregate costs, departmental cost

allocations, and related actuarial projects for the program services.

PASSED AND ADOPTED on this 24th day of May, 2011, by the following vote, to wit:

AYES: Supervisors Armenta, Calcagno, Salinas, Parker, and Potter

NOES: None

ABSENT: None

I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby

certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and

entered in the minutes thereof of Minute Book 75 for the meeting on May 24, 2011.

Dated: May 24, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors

County of Monterey, State of California

 

 

By

Deputy

 

 

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COMPLETED BOARD ORDER AND AME�r�Attachment I

AMENDMENT #3 TO AGREEMENT

COUNTY OF MONTEREY & BICKMORE RISK SERVICES, INC.

THIS AMENDMENT is made to the AGREEMENT for the provision of annual

actuarial analysis of workers' compensation and general liability self-insurance programs,

including estimation of outstanding liabilities, projected aggregate costs, departmental

cost allocations, and related actuarial projects for the programs by and between

BICKMORE RISK SERVICES, INC., hereinafter Contractor", and the County of

Monterey, a political subdivision of the State of California, hereinafter referred to as

County".

WHEREAS, the County and the Contractor have entered into a prior Agreement on

August 30, 2008 and subsequent Amendments thereto; wherein, the Contractor would

provide program assessment, gap analysis, workers compensation and general liability

third party administrator program services assessment and continue to provide annual

actuarial analysis of workers' compensation and self-insurance programs, including

estimation of outstanding liabilities, projected aggregate costs, departmental cost

allocations, and related actuarial projects for the programs services through June 30,

2012; and increased the total sum of the contract to $190,000.

WHEREAS, the County and Contractor originally entered into a contract for

professional services on August 30, 2008 and subsequently amended same) the parties

now extend this contractual term, by way of Amendment #3, and increase same by

$90,000 from $100,000 to $190,000.

NOW THEREFORE, the County and Contractor hereby agree to amend the

AGREEMENT as follows:

1. Paragraph 2 Payments by County" shall be amended by removing The total

amount payable by County to CONTRACTOR under this Agreement shall not

exceed the sum of $100,000", and replacing it with The amount payable by

County to Contractor under this Agreement shall not exceed the sum of

$190,000".

2. Paragraph 3 Term of Agreement" shall be amended by removing The term of

this Agreement is from August 30, 2008 to August 30, 2011" and replacing it

with The term of this Agreement is from August 30, 2008 to June 30, 2012".

3. Except as provided herein, all remaining terms, conditions and provisions of the

AGREEMENT are unchanged and unaffected by this AMENDMENT and shall

continue in full force and effect as set forth in the AGREEMENT.

4. A copy of this AMENDMENT shall be attached to the original AGREEMENT.

 

 

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COMPLETED BOARD ORDER AND AME�r�IN WITNESS WHEREOF, the parties have executed the AMENDMENT on the day

and year written below.

MONTEREY COUNTY

Contracts/Purchasing Manager

CONTRACTOR

By,-- e1

Company Representative

Dated

Auditor Confroller

Dated S&A-'

County Counsel

Dated- 7- 1/

Printed Name a-

GAJ6bs

Dated 5(3/I'

Bickmore Risk Services, Inc. Amendment #3 Agreement Page 2 of 2

 

 

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SIGNED BOARD REPORT AND SUPPO�v�MONTEREY COUNTY BOARD OF SUPERVISORS

MEETING: May 24, 2011  Consent AGENDA NO.: 33

SUBJECT: Approve and Authorize the Contracts/Purchasing Officer to sign Amendment #3 to

the Professional Services Agreement with Bickmore Risk Services, increasing the total amount

of the contract from $100,000 to $190,000, and extending the expiration date from August 30,

2011 to June 30, 2012, to provide program assessment, gap analysis, workers compensation and

general liability third party administrator program services assessment and continue to provide

annual actuarial analysis of workers' compensation and self-insurance programs, including

estimation of outstanding liabilities, projected aggregate costs, departmental cost allocations, and

related actuarial projects for the programs services.

DEPARTMENT: Risk Management

RECOMMENDATIONS:

It is recommended that the Board of Supervisors:

Approve and Authorize the Contracts/Purchasing Officer to sign Amendment #3 to the

Professional Services Agreement with Bickmore Risk Services, increasing the total

amount of the contract from $100,000 to $190,000, and extending the expiration date

from August 30, 2011 to June 30, 2012, to provide program assessment, gap analysis,

workers compensation and general liability third party administrator program services

assessment and continue to provide annual actuarial analysis of workers' compensation

and self-insurance programs, including estimation of outstanding liabilities, projected

aggregate costs, departmental cost allocations, and related actuarial projects for the

programs services.

SUMMARY/DISCUSSION:

Under the existing contract, Bickmore Risk Services firm has provided assistance in

actuarial analysis of workers' compensation and self-insurance programs, including

estimation of outstanding liabilities, projected aggregate costs, departmental cost

allocations, and related actuarial projects.

Bickmore Risk Services was founded in 1984, privately held; 11 principals; 110

employees, headquartered in Sacramento California and offices in Long Beach,

California and Portland, Oregon. Bickmore Risk Services is ranked as the largest

independent risk consulting firm in the western US and the second largest independent

JPA management firm in the nation. Bickmore Risk Services operates as a risk

management and actuarial consulting company. Bickmore Risk Services currently

provides actuarial services to 35 individual counties e.g., including the County of

Monterey). Bickmore Risk Services also provides professional actuarial services to

CSAC, a self-insured public entity pool which provides primary and excess insurance

coverages to over 200 counties, cities, and other public entities in the State of California.

The company's services include non-brokerage risk management administration,

litigation management, health and benefits actuarial, employment practice liability and

human resources consulting and training, ergonomic training and consulting, workers'

compensation programs, return-to-work programs, risk control and safety, finance

management and accounting, and feasibility studies.

 

 

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SIGNED BOARD REPORT AND SUPPO�v�OTHER AGENCY INVOLVEMENT:

County Counsel has reviewed and approved as to form; Auditor Controller's Office has

reviewed and concurs with this action.

FINANCING:

Funds are available in the General Liability Internal Service Fund approved FY 2011-

2012 budget.

Prepared, by: Approved by:

OF M$ ck Keith llonda

Risk Mdfiager Assistant County Administrative Officer

Attachment: Amendment 1

ATT: Professional Services Agreement  Bickmore Risk Services Amendment No. 3

 

 

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SIGNED BOARD REPORT AND SUPPO�v�COUNTY OF MONTEREY AGREEMENT FOR PROFESSIONAL SERVICES

NOT TO EXCEED $100,000)

This Professional Services Agreement Agreement") is made by and between the County of

Monterey, a political subdivision of the State of California hereinafter County") and Bickmore

Risk Services, Inc.  hereinafter CONTRACTOR").

In consideration of the mutual covenants and conditions set forth in this Agreement, the parties

agree as follows:

1. SERVICES TO BE PROVIDED. The County hereby engages CONTRACTOR to perform,

and CONTRACTOR hereby agrees to perform, the services described in Exhibit A in conformity

with the terms of this Agreement. The services are generally described as follows: Annual actuarial

analysis of workers' compensation and general liability self-insurance programs, including

estimation of outstanding liabilities, projected aggregate costs, departmental cost allocations, and

related actuarial projects for the programs.

2. PAYMENTS BY COUNTY. County shall pay the CONTRACTOR in accordance with the

payment provisions set forth in Exhibit A, subject to the limitations set forth in this Agreement.

The total amount payable by County to CONTRACTOR under this Agreement shall not exceed the

sum of $20,000.

3. TERM OF AGREEMENT. The tern of this Agreement is from August 30, 2008 to August

30, 2009, unless sooner terminated pursuant to the terns of this Agreement. This Agreement is of

no force or effect until signed by both CONTRACTOR and County and with County signing last,

and CONTRACTOR may not commence work before County signs this Agreement.

4. ADDITIONAL PROVISIONS/EXHIBITS. The following attached exhibits are incorporated

herein by reference and constitute a part of this Agreement:

Exhibit A Scope of Services/Payment Provisions

5. PERFORMANCE STANDARDS.

5.01. CONTRACTOR warrants that CONTRACTOR and CONTRACTOR's agents,

employees, and subcontractors performing services under this Agreement are specially trained,

experienced, competent, and appropriately licensed to perform the work and deliver the services

required under this Agreement and are not employees of the County, or immediate family of an

employee of the County.

5.02. CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a

safe and skillful mariner and in compliance with all applicable laws and regulations. All work

performed under this Agreement that is required by law to be performed or supervised by licensed

personnel shall be performed in accordance with such licensing requirements.

Revised PSA Form $100,000 or Less I of 9 Contractor: Bickmore Risk Services, Inc

Not to Exceed Amount: $20,000

Requisition or PO #:

 

 

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SIGNED BOARD REPORT AND SUPPO�v�5.03. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and

personnel necessary to carry out the terms of this Agreement, except as otherwise specified in this

Agreement. CONTRACTOR shall not use County premises, property including equipment,

instruments, or supplies) or personnel for any purpose other than in the performance of its

obligations under this Agreement.

6. PAYMENT CONDITIONS.

6.01. CONTRACTOR shall submit to the Contract Administrator an invoice on a form

acceptable to County. If not otherwise specified, the CONTRACTOR may submit such invoice

periodically or at the completion of services, but in any event, not later than 30 days after

completion of services. The invoice shall set forth the amounts claimed by CONTRACTOR for the

previous period, together with an itemized basis for the amounts claimed, and such other

information pertinent to the invoice as the County may require. The Contract Administrator or his

or her designee shall certify the invoice, either in the requested amount or in such other amount as

the County approves in conformity with this Agreement, and shall promptly submit such invoice to

the County Auditor-Controller for payment. The County Auditor-Controller shall pay the amount

certified within 30 days of receiving the certified invoice.

6.02. CONTRACTOR shall not receive reimbursement for travel expenses unless set forth in

this Agreement.

7. TERMINATION.

7.01. During the term of this Agreement, the County may terminate the Agreement for any

reason by giving written notice of termination to the CONTRACTOR at least thirty 30) days prior

to the effective date of termination. Such notice shall set forth the effective date of termination. In

the event of such termination, the amount payable under this Agreement shall be reduced in

proportion to the services provided prior to the date of termination.

7.02. The County may cancel and terminate this Agreement for good cause effective

immediately upon written notice to CONTRACTOR. Good cause" includes the failure of

CONTRACTOR to perform the required services at the time and in the manner provided under this

Agreement. If County terminates this Agreement for good cause, the County may be relieved of the

payment of any consideration to CONTRACTOR, and the County may proceed with the work in

any manner which County deems proper. The cost to the County shall be deducted from any sum

due the CONTRACTOR under this Agreement.

8. INDEMNIFICATION. Contractor shall indemnify, defend, and hold harmless the County of

Monterey hereinafter County"), its officers, agents and employees from any claim, liability, loss,

injury or damage arising out of, or in connection with, performance of this Agreement by

Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage

caused by the negligence or willful misconduct of personnel employed by the County. It is the

intent of the parties to this Agreement to provide the broadest possible coverage for the County.

The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities

Revised PSA Form $100,000 or Less 2 of 9 Contractor: Bickmore Risk Services, Inc

Not to Exceed Amount: $20,000

Requisition or PO #:

 

 

BIB]

 

40718-U01

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AUGUST-U012

30,-U012

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JUNE-U012

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SIGNED BOARD REPORT AND SUPPO�v�incurred with respect to any litigation in which the Contractor is obligated to indemnify, defend and

hold harmless the County under this Agreement. F

9. INSURANCE.

9.01. Evidence of Coverage:

Prior to commencement of this Agreement, the Contractor shall provide a Certificate

of Insurance" certifying that coverage as required herein has been obtained.

Individual endorsements executed by the insurance carrier shall accompany the

certificate. In addition, the Contractor upon request shall provide a certified copy of

the policy or policies.

This verification of coverage shall be sent to the County's Contracts/Purchasing

Department, unless otherwise directed. The Contractor shall not receive a Notice to

Proceed" with the work under this Agreement until it has obtained all insurance

required and the County has approved such insurance. This approval of insurance

shall neither relieve nor decrease the liability of the Contractor.

9.02 Qualifying Insurers:

All coverage's, except surety, shall be issued by companies which hold a current

policy holder's alphabetic and financial size category rating of not less than A- VII,

according to the current Best's Key Rating Guide or a company of equal financial

stability that is approved by the County's Purchasing Manager.

9.03 Insurance Coverage Requirements: Without limiting CONTRACTOR's duty to

indemnify, CONTRACTOR shall maintain in effect throughout the term of this

Agreement a policy or policies of insurance with the following minimum limits of

liability:

Commercial general liability insurance, including but not limited to premises and

operations, including coverage for Bodily Injury and Property Damage, Personal

Injury, Contractual Liability, Broad form Property Damage, Independent Contractors,

Products and Completed Operations, with a combined single limit for Bodily Injury

and Property Damage of not less than $1,000,000 per occurrence.

 Exemption/Modification Justification attached; subject to approval).

Business automobile liability insurance, covering all motor vehicles, including owned,

leased, non-owned, and hired vehicles; used in. providing services under this

Agreement, with a combined single limit for Bodily Injury and Property Damage of

not less than $500,000 per occurrence.

 Exemption/Modification Justification attached; subject to approval).

Workers' Compensation Insurance, if CONTRACTOR employs others in the

performance of this Agreement, in accordance with California Labor Code section

Revised PSA Form $100,000 or Less 3 of 9 Contractor: Bickmore Risk Services, Inc

Not to Exceed Amount: $20,000

Requisition or PO #:

 

 

BIB]

 

40718-U01

SIGNED-U02

BOARD-U02

REPORT-U02

SUPPORTING-U02

DOCS-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99716-U03

MG99791-U03

AS99817-U03

AS99821-U03

AI101945-U03

DO103417-U03

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6/24/2011-U04

MARCELLAC-U04

16512-U05

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APPROVE-U07

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$190,000,-U012

EXTENDING-U012

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DATE-U012

AUGUST-U012

30,-U012

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JUNE-U012

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PROVIDE-U012

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ADMINISTRATOR-U012

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CONTINUE-U012

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OF-U012

WORKERS-U012

COMPENSATION-U012

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PROGRAMS,-U012

INCLUDING-U012

ESTIMATION-U012

OF-U012

OUTSTANDING-U012

LIABILITIES,-U012

PROJECTED-U012

AGGREGATE-U012

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COST-U012

ALLOCATIONS,-U012

RELATED-U012

ACTUARIAL-U012

PROJECTS-U012

THE-U012

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SIGNED BOARD REPORT AND SUPPO�v�3700 and with Employer's Liability limits not less than $1,000,000 each person,

$1,000,000 each accident and $1,000,000 each disease.

 Exemption/Modification Justification attached; subject to approval).

Professional liability insurance, if required for the professional services being

provided, e.g., those persons authorized by a license to engage in a business or

profession regulated by the California Business and Professions Code), in the amount

of not less than $1,000,000 per claim and $2,000,000 in the aggregate, to cover

liability for malpractice or errors or omissions made in the course of rendering

professional services. If professional liability insurance is written on a claims-made"

basis rather than an occurrence basis, the CONTRACTOR shall, upon the expiration

or earlier termination of this Agreement, obtain extended reporting coverage tail

coverage") with the same liability limits. Any such tail coverage shall continue for at

least three years following the expiration or earlier termination of this Agreement.

 Exerption/Modifi cation Justification attached; subject to approval).

9.04. Other Insurance Requirements:

All insurance required by this Agreement shall be with a company acceptable to the County

and issued and executed by an admitted insurer authorized to transact Insurance business in the

State of California. Unless otherwise specified by this Agreement, all such insurance shall be

written on an occurrence basis, or, if the policy is not written on an occurrence basis, such

policy with the coverage required herein shall continue in effect for a period of three years

following the date CONTRACTOR completes its performance of services under this

Agreement.

Each liability policy shall provide that the County shall be given notice in writing at least thirty

days in advance of any endorsed reduction in coverage or limit, cancellation, or intended non-

renewal thereof. Each policy shall provide coverage for Contractor and additional insureds

with respect to claims arising from each subcontractor, if any, performing work under this

Agreement, or be accompanied by a certificate of insurance from each subcontractor showing

each subcontractor has identical insurance coverage to the above requirements.

commercial general liability and automobile liability policies shall provide an endorsement

naming the County of Monterey, its o Icers agents, and employees as Additional Insureds with

respect to liability arising out of the CONTRACTOR'S work, including ongoing and completed

operations and shall further provide that such insurance is primary insurance to any insurance

or self-insurance maintained by the County and that the insurance of the Additional Insureds

shall not be called upon to contribute to a loss covered by the CONTRACTOR'S insurance. The

required endorsement form for Commercial General Liability Additional Insured is ISO Form

CG 20 10 11-85 or CG 20 10 10 01 in tandem with CG 20 37 10 01 2000). The required

endorsement form for Automobile Additional Insured endorsement is ISO Form CA 20 48 02

99.

Revised PSA Form $100,000 or Less 4 of 9 Contractor: Bickmore Risk Services, Inc

Not to Exceed Amount: $20,000

Requisition or PO #:

 

 

BIB]

 

40718-U01

SIGNED-U02

BOARD-U02

REPORT-U02

SUPPORTING-U02

DOCS-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99716-U03

MG99791-U03

AS99817-U03

AS99821-U03

AI101945-U03

DO103417-U03

C10-U03

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6/24/2011-U04

MARCELLAC-U04

16512-U05

3-U06

APPROVE-U07

AUTHORIZE-U07

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CONTRACTS/PURCHASING-U07

OFFICER-U07

TO-U07

SIGN-U07

AMENDMENT-U07

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3-U07

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THE-U07

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105-ADMINISTRATION-U08

BUTLER-U09

CAROLYN-U09

BUTLERC-U10

5/9/2011-U011

AGREEMENT-U012

BICKMORE-U012

RISK-U012

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INCREASING-U012

THE-U012

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TO-U012

$190,000,-U012

EXTENDING-U012

THE-U012

EXPIRATION-U012

DATE-U012

AUGUST-U012

30,-U012

2011-U012

TO-U012

JUNE-U012

30,-U012

2012,-U012

TO-U012

PROVIDE-U012

PROGRAM-U012

ASSESSMENT,-U012

GAP-U012

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ADMINISTRATOR-U012

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CONTINUE-U012

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WORKERS-U012

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PROGRAMS,-U012

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ESTIMATION-U012

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OUTSTANDING-U012

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PROJECTED-U012

AGGREGATE-U012

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COST-U012

ALLOCATIONS,-U012

RELATED-U012

ACTUARIAL-U012

PROJECTS-U012

THE-U012

PROGRAM-U012

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SIGNED BOARD REPORT AND SUPPO�v�Prior to the execution of this Agreement by the County, CONTRACTOR shall file certificates

of insurance with the County's contract administrator and County's Contracts/Purchasing

Division, showing that the CONTRACTOR has in effect the insurance required by this

Agreement. The CONTRACTOR shall file a new or amended certificate of insurance within

five calendar days after any change is made in any insurance policy, which would alter the

information on the certificate then on file. Acceptance or approval of insurance shall in no way

modify or change the indemnification clause in this Agreement, which shall continue in full

force and effect.

CONTRACTOR shall at all times during the term of this Agreement maintain in force the

insurance coverage required under this Agreement and shall send, without demand by County,

annual certificates to County's Contract Administrator and County's Contracts/Purchasing

Division. If the certificate is not received by the expiration date, County shall notify

CONTRACTOR and CONTRACTOR shall have five calendar days to send in the certificate,

evidencing no lapse in coverage during the interim. Failure by CONTRACTOR to maintain

such insurance is a default of this Agreement, which entitles County, at its sole discretion, to

terminate this Agreement immediately.

10. RECORDS AND CONFIDENTIALITY.

10.01. Confidentiality. CONTRACTOR and its officers, employees, agents, and

subcontractors shall comply with any and all federal, state, and local laws, which provide for

the confidentiality of records and other information. CONTRACTOR shall not disclose any

confidential records or other confidential information received from the County or prepared in

connection with the performance of this Agreement, unless County specifically permits

CONTRACTOR to disclose such records or information. CONTRACTOR shall promptly

transmit to County any and all requests for disclosure of any such confidential records or

information. CONTRACTOR shall not use any confidential information gained by

CONTRACTOR in the performance of this Agreement except for the sole purpose of carrying

out CONTRACTOR's obligations under this Agreement.

10.02. County Records. When this Agreement expires or terminates, CONTRACTOR shall

return to County any County records which CONTRACTOR used or received from County to

perform services under this Agreement.

10.03. Maintenance of Records. CONTRACTOR shall prepare, maintain, and preserve all

reports and records that may be required by federal, state, and County rules and regulations

related to services performed under this Agreement. CONTRACTOR shall maintain such

records for a period of at least three years after receipt of final payment under this Agreement.

If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement

is pending at the end of the three year period, then CONTRACTOR shall retain said records

until such action is resolved.

10.04. Access to and Audit of Records. The County shall have the right to examine,

monitor and audit all records, documents, conditions, and activities of the CONTRACTOR and

its subcontractors related to services provided under this Agreement. Pursuant to Government

Revised PSA Fonn $100,000 or Less 5 of 9 Contractor: Bickmore Risk Services, Inc

Not to Exceed Amount: $20,000

Requisition or PO #:

 

 

BIB]

 

40718-U01

SIGNED-U02

BOARD-U02

REPORT-U02

SUPPORTING-U02

DOCS-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99716-U03

MG99791-U03

AS99817-U03

AS99821-U03

AI101945-U03

DO103417-U03

C10-U03

BOARD-U03

REPORTS-U03

6/24/2011-U04

MARCELLAC-U04

16512-U05

3-U06

APPROVE-U07

AUTHORIZE-U07

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CONTRACTS/PURCHASING-U07

OFFICER-U07

TO-U07

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AMENDMENT-U07

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THE-U07

PROFESSIONAL-U07

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105-ADMINISTRATION-U08

BUTLER-U09

CAROLYN-U09

BUTLERC-U10

5/9/2011-U011

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DATE-U012

AUGUST-U012

30,-U012

2011-U012

TO-U012

JUNE-U012

30,-U012

2012,-U012

TO-U012

PROVIDE-U012

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ASSESSMENT,-U012

GAP-U012

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WORKERS-U012

COMPENSATION-U012

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THIRD-U012

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CONTINUE-U012

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PROVIDE-U012

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OF-U012

WORKERS-U012

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SELF-INSURANCE-U012

PROGRAMS,-U012

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OF-U012

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THE-U012

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SIGNED BOARD REPORT AND SUPPO�v�Code section 8546.7, if this Agreement involves the expenditure of public funds in excess of

$10,000, the parties to this Agreement may be subject, at the request of the County or as part of

any audit of the County, to the examination and audit of the State Auditor pertaining to matters

connected with the performance of this Agreement for a period of three years after final

payment under the Agreement.

10.05. Royalties and Inventions. County shall have a royalty-free, exclusive and irrevocable

license to reproduce, publish, and use, and authorize others to do so, all original computer

programs, writings, sound recordings, pictorial reproductions, drawings, and other works of

similar nature produced in the course of or under this Agreement. CONTRACTOR shall not

publish any such material without the prior written approval of County.

11. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR, and

its subcontractors, shall not unlawfully discriminate against any person because of race,

religious creed, color, sex, national origin, ancestry, physical disability, mental disability,

medical condition, marital status, age over 40), or sexual orientation, either in

CONTRACTOR's employment practices or in the furnishing of services to recipients.

CONTRACTOR shall ensure that the evaluation and treatment of its employees and applicants

for employment and all persons receiving and requesting services are free of such

discrimination. CONTRACTOR and any subcontractor shall, in the performance of this

Agreement, fully comply with all federal, state, and local laws and regulations which prohibit

discrimination. The provision of services primarily or exclusively to such target population as

may be designated in this Agreement shall not be deemed to be prohibited discrimination.

12. COMPLIANCE WITH TERMS OF STATE OR FEDERAL GRANT. If this Agreement

has been or will be funded with monies received by the County pursuant to a contract with the

state or federal government in which the County is the grantee, CONTRACTOR will comply

with all the provisions of said contract, to the extent applicable to CONTRACTOR as a

subgrantee under said contract, and said provisions shall be deemed a part of this Agreement, as

though fully set forth herein. Upon request, County will deliver a copy of said contract to

CONTRACTOR, at no cost to CONTRACTOR.

13. INDEPENDENT CONTRACTOR. In the performance of work, duties, and obligations under

this Agreement, CONTRACTOR is at all times acting and performing as an independent

contractor and not as an employee of the County. No offer or obligation of permanent

employment with the County or particular County department or agency is intended in any

manner, and CONTRACTOR shall not become entitled by virtue of this Agreement to receive

from County any form of employee benefits including but not limited to sick leave, vacation,

retirement benefits, workers' compensation coverage, insurance or disability benefits.

CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes,

including federal and state income taxes and social security, arising out of CONTRACTOR's

performance of this Agreement. In connection therewith, CONTRACTOR shall defend,

indemnify, and hold County harmless from any and all liability which County may incur

because of CONTRACTOR's failure to pay such taxes.

Revised PSA Form $100,000 or Less 6 of 9 Contractor: Bickmore Risk Services, Inc

Not to Exceed Amount: $20,000

Requisition or P0 #:

 

 

BIB]

 

40718-U01

SIGNED-U02

BOARD-U02

REPORT-U02

SUPPORTING-U02

DOCS-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99716-U03

MG99791-U03

AS99817-U03

AS99821-U03

AI101945-U03

DO103417-U03

C10-U03

BOARD-U03

REPORTS-U03

6/24/2011-U04

MARCELLAC-U04

16512-U05

3-U06

APPROVE-U07

AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

OFFICER-U07

TO-U07

SIGN-U07

AMENDMENT-U07

NO.-U07

3-U07

TO-U07

THE-U07

PROFESSIONAL-U07

SERVICES-U07

105-ADMINISTRATION-U08

BUTLER-U09

CAROLYN-U09

BUTLERC-U10

5/9/2011-U011

AGREEMENT-U012

BICKMORE-U012

RISK-U012

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INCREASING-U012

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TOTAL-U012

AMOUNT-U012

OF-U012

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$100,000-U012

TO-U012

$190,000,-U012

EXTENDING-U012

THE-U012

EXPIRATION-U012

DATE-U012

AUGUST-U012

30,-U012

2011-U012

TO-U012

JUNE-U012

30,-U012

2012,-U012

TO-U012

PROVIDE-U012

PROGRAM-U012

ASSESSMENT,-U012

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ANALYSIS,-U012

WORKERS-U012

COMPENSATION-U012

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THIRD-U012

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CONTINUE-U012

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SELF-INSURANCE-U012

PROGRAMS,-U012

INCLUDING-U012

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PROJECTED-U012

AGGREGATE-U012

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DEPARTMENTAL-U012

COST-U012

ALLOCATIONS,-U012

RELATED-U012

ACTUARIAL-U012

PROJECTS-U012

THE-U012

PROGRAM-U012

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SIGNED BOARD REPORT AND SUPPO�v                     �14. NOTICES. Notices required under this Agreement shall be delivered personally or by

first-class, postage pre-paid mail to the County and CONTRACTOR'S contract administrators

at the addresses listed below:

FOR COUNTY:

Keith Honda, Assistant CAO

168 W. Alisal St., 3'-d Floor

Salinas, CA 93901

FOR CONTRACTOR:

Teri Rohrer, Finn Administrator

1831 K Street

Sacramento, CA 95811

831-755-5295

15. MISCELLANEOUS PROVISIONS.

916-244-1107

15.01 Conflict of Interest. CONTRACTOR represents that it presently has no interest and

agrees not to acquire any interest during the term of this Agreement, which would

directly, or indirectly conflict in any mariner or to any degree with the full and complete

performance of the professional services required to be rendered under this Agreement.

15.02 Amendment. This Agreement may be amended or modified only by an instrument in

writing signed by the County and the CONTRACTOR.

15.03 Waiver. Any waiver of any terms and conditions of this Agreement most be in writing

and signed by the County and the CONTRACTOR. A waiver of any of the terms and

conditions of this Agreement shall not be construed as a waiver of any other terms or

conditions in this Agreement.

15.04 Contractor. The tern CONTRACTOR" as used in this Agreement includes

CONTRACTOR's officers, agents, and employees acting on CONTRACTOR's behalf

in the performance of this Agreement.

15.05 Disputes. CONTRACTOR shall continue to perform under this Agreement during any

dispute.

15.06 Assignment and Subcontracting. The CONTRACTOR shall not assign, sell, or

otherwise transfer its interest or obligations in this Agreement without the prior written

consent of the County. None of the services covered by this Agreement shall be

subcontracted without the prior written approval of the County. Notwithstanding any

such subcontract, CONTRACTOR shall continue to be liable for the performance of all

requirements of this Agreement.

15.07 Successors and Assigns. This Agreement and the rights, privileges, duties, and

obligations of the County and CONTRACTOR under this Agreement, to the extent

assignable or delegable, shall be binding upon and inure to the benefit of the parties and

their respective successors, permitted assigns, and heirs.

Revised PSA Form $100,000 or Less 7 of 9 Contractor: Bickmore Risk Services, Inc

Not to Exceed Amount: $20,000

Requisition or PO #:

 

 

BIB]

 

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SIGNED BOARD REPORT AND SUPPO�v

�15.08 Compliance with Applicable Law. The parties shall comply with all applicable federal,

state, and local laws and regulations in performing this Agreement.

15.09 Headings. The headings are for convenience only and shall not be used to interpret the

terms of this Agreement.

15.10 Time is of the Essence. Time is of the essence in each and all of the provisions of this

Agreement.

15.11 Governing Law. This Agreement shall be governed by and interpreted under the laws of

the State of California.

15.12 Non-exclusive Agreement. This Agreement is non-exclusive and both County and

CONTRACTOR expressly reserve the right to contract with other entities for the same

or similar services.

15.13 Construction of Agreement. The County and CONTRACTOR agree that each party has

fully participated in the review and revision of this Agreement and that any rule of

construction to the effect that ambiguities are to be resolved against the drafting party

shall not apply in the interpretation of this Agreement or any amendment to this

Agreement.

15.14 Counterparts. This Agreement may be executed in two or more counterparts, each of

which shall be deemed an original, but all of which together shall constitute one and the

same Agreement.

15.15 Authority. Any individual executing this Agreement on behalf of the County or the

CONTRACTOR represents and warrants hereby that he or she has the requisite authority

to enter into this Agreement on behalf of such party and bind the party to the terms and

conditions of this Agreement.

15.16 Integration. This Agreement, including the exhibits, represent the entire Agreement

between the County and the CONTRACTOR with respect to the subject matter of this

Agreement and shall supersede all prior negotiations, representations, or agreements,

either written or oral, between the County and the CONTRACTOR as of the effective

date of this Agreement, which is the date that the County signs the Agreement.

15.17 Interpretation of Conflicting Provisions. In the event of any conflict or inconsistency

between the provisions of this Agreement and the Provisions of any exhibit or other

attachment to this Agreement, the provisions of this Agreement shall prevail and control.

IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of

the day and year written below.

Revised PSA Foie $100,000 or Less 8 of 9 Contractor: Bickmore Risk Services, Inc

Not to Exceed Amount: $20,000

Requisition or PO #:

 

 

BIB]

 

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SIGNED BOARD REPORT AND SUPPO�v
�COUNTY OF MONTEREY

By:

Date:

By:

Date:

Approved as to Form

By:

CONTRACTOR

Bickmore and Associates, Inc.

Contracts/Purchasing Manager

Contractor's Business Name*

Department Head if applicable) By:

Gv--v & r L

Name and Title

/t--O

Si Nature of Chair, President, or

Vice-President)*

u y C66nsel Date:

Signature of Secretary, Asst. Secretary, CFO,

Treasurer or Asst. Treasurer)*

Name and Title

Approved as to LiabilitvProvisions2

*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and non-profit corporations, the full

legal name of the corporation shall be set forth above together with the signatures of two specified officers. If

CONTRACTOR is a partnership, the name of the partnership shall be set forth above together with the signature of a

partner who has authority to execute this Agreement on behalf of the partnership. If CONTRACTOR is contracting in

an individual capacity, the individual shall set forth the name of the business, if any, and shall personally sign the

Agreement.

Approval by Auditor/Controller is necessary only if changes are made in paragraph 6 or if changes are made in

paragraph 2 by amendment.

2Approval by Risk Management is necessary only if changes are made in paragraph 8 or 9

Revised PSA Form $100,000 or Less 9 of 9 Contractor: Bickmore Risk Services, Inc

Not to Exceed Amount: $20,000

Requisition or PO #:

 

 

BIB]

 

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SIGNED BOARD REPORT AND SUPPO�v

�Bickmore Risk Services & Consulting

Friday, December 12, 2008

Mr. Steven Mauck Risk Manager

Monterey County 168 West Alisal

Street, 3 Floor Salinas, CA 93901

EXHIBIT A

Leadership. frost. Solutions.

RE: Actuarial Services Engagement Letter  2008-09 Analysis

Dear Mr. Mauck:

Thank you for the opportunity to provide actuarial services to Monterey County the

County). The County is seeking professional actuarial advice with regard to its self-

insured general liability and workers' compensation programs. The following is a

brief outline of our understanding of the scope of work to be performed and our

fees.

The objective of the studies is to provide a projection of loss costs, cash flow and

investment income. The report will include the following information for each

program:

 Calculate program funding levels for the 2008-09 and 2009-10 program

years at the expected level as well as at various confidence levels.

 Determine appropriate rates for claims incurred during the 2008-09 and

2009-10 program years at the expected level as well as at various

confidence levels.

 Estimate required funding for the programs' outstanding losses and loss

adjustment expenses for all preceding fiscal years as of June 30, 2008 and

June 30, 2009. The outstanding losses and loss adjustment expenses are

to be stated at the expected level as well as various confidence levels.

 Provide each of the estimates specified above on both discounted and full

value bases.

 Provide a statement of compliance with GASB 10 and 30.

 Estimate the program's cash flow requirements for a given number of fiscal

years, separately identified for each accident year.

 Provide an update of outstanding losses and funding requirements based

upon 12/31 data.

 Allocate program costs for 2008-09 and 2009-10 to individual County

departments, based upon a specified weighting of historical experience and

exposure.

 Allocate Pajaro bond payments to departments.

 Allocate Lakes bond payments to departments, for both properties and loss

settlement

Page 1 of 2

 

 

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40718-U01

SIGNED-U02

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DOCS-U02

LI21329-U03

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FO96184-U03

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SIGNED BOARD REPORT AND SUPPO�v

� Determine historical liabilities related to the County courts, for both

12/31/2000 and 6/30/2003 cutoff dates

We will agree to complete the scope of work discussed above for the

following fees:

 

Project Component  2008-09

Cost

General Liability Study 6/30 Data)  $ 4,250

General Liability Update 12/31 Data)  2,250

GL Allocation Study  2 250

Pajaro Bond Allocation Study  500

Lakes Properties Bond Allocation Study  500

Lakes Loss Bond Allocation Study  500

Workers' Comp Study 6/30 Data)  4,250

Workers' Comp Update 12/31 Data)  2,250

WC Allocation Study  2,250

WC Court Allocation Study  1,000

Grand Total  $ 20,000

We will agree to one personal visit as part of the fees outlined above. Should

other services beyond the scope of work outlined above be required, we will

bill for our time and out of pocket expenses at the rates specified below.

Consultant Hourly Rate

Fellow $250

Associate 200

Actuarial Staff 100

Administrative Staff 50

Our target delivery date for the draft reports is within four weeks of receipt of

complete data.

Please call me at 916) 244-1162 with any questions you may have with regard to

our proposal.

Respectfully Submitted,

Bickmore Risk Services

Mike Harrington Director, Property and Casualty

Actuarial Services, BRS Fellow, Casualty Actuarial

Society Member, American Academy of Actuaries

Page 2 of 2

 

 

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SIGNED BOARD REPORT AND SUPPO�v�AMENDMENT #1 TO AGREEMENT

COUNTY OF MONTEREY & BICKMORE RISK SERVICES, INC.

THIS AMENDMENT is made to the AGREEMENT for the provision of annual

actuarial analysis of workers' compensation and general liability self-insurance programs,

including estimation of outstanding liabilities, projected aggregate costs, departmental

cost allocations, and related actuarial projects for the programs by and between

BICKMORE RISK SERVICES, INC., hereinafter Contractor", and the County

of Monterey, a political subdivision of the State of California, hereinafter referred to as

County".

WHEREAS, the County and the Contractor entered into an Agreement whereby the

Contractor would provide services to the County during an initial term commencing

August 30, 2008 to August 30, 2009; and

WHEREAS, the County and Contractor wish to extend the term of the Agreement and

increase the contract amount by $40,000.

NOW THEREFORE, the County and Contractor hereby agree to amend the

AGREEMENT as follows:

1. Paragraph 2.1 Payments by County" shall be amended as follows: The total

amount payable by County to CONTRACTOR under this Agreement shall not

exceed the sum of $60,000.

2. Paragraph 3.1 Term of Agreement" shall be amended as follows: The term of

this Agreement is from August 30, 2008 to August 30, 2011.

3. Except as provided herein, all remaining terms, conditions and provisions of the

AGREEMENT are unchanged and unaffected by this AMENDMENT and shall

continue in full force and effect as set forth in the AGREEMENT.

4. A copy of this AMENDMENT shall be attached to the original AGREEMENT.

IN WITNESS WHEREOF, the parties have executed the AMENDMENT on the day

and year written below.

CONTRACTOR

Contracts/Purchasing Manager

Company Representative

Dated 7 7-01i Printed Name  t'. 1 % GI

Dated kiQ._f

1

 

 

BIB]

 

40718-U01

SIGNED-U02

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FO96184-U03

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ALLOCATIONS,-U012

RELATED-U012

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PROJECTS-U012

THE-U012

PROGRAM-U012

SERVICES.-U012

 

 

SIGNED BOARD REPORT AND SUPPO�v�AMENDMENT #2 TO AGREEMENT

COUNTY OF MONTEREY & BICKMORE RISK SERVICES, INC.

THIS AMENDMENT is made to the AGREEMENT for the provision of annual

actuarial analysis of workers' compensation and general liability self-insurance programs,

including estimation of outstanding liabilities, projected aggregate costs, departmental

cost allocations, and related actuarial projects for the programs by and between

BICKMORE RISK SERVICES, INC., hereinafter Contractor", and the County

of Monterey, a political subdivision of the State of California, hereinafter referred to as

County"

WHEREAS, the County and the Contractor entered into an Agreement whereby the

Contractor would provide services to the County during an initial term commencing

August 30, 2008 to August 30, 2009; and

WHEREAS, the County and Contractor wish to add to the scope of work and increase

the contract amount by $40,000; and

WHEREAS, the County and Contractor wish to expand the scope of work to include

Risk/Benefits review, organizational gap analysis, benchmarking, evaluation of

operational structure/staffing, and the provision of procedural recommendations.

NOW THEREFORE, the County and Contractor hereby agree to amend the

AGREEMENT as follows:

1: Paragraph I Services to be Provided' shall be amended as follows: The services

are generally described as follows: Annual actuarial analysis of workers'

compensation and general liability self-insurance program, including estimation

of outstanding liabilities, projected aggregate costs, departmental cost allocations,

and related actuarial projects for programs and Risk/Benefits review,

organizational gap analysis, benchmarking, evaluation of operational

structure/staffing and provision of procedural recommendations.

2. Paragraph 2.1 Payments by County" shall be amended as follows: The total

amount payable by County to CONTRACTOR under this Agreement shall not

exceed the sum of $100,000.

3. Addendum  2A Scope of Work" attached hereto) is added as additional

required project services and incorporated into the underlying agreement by this

reference.

4. Except as provided herein, all remaining terms, conditions and provisions of the

AGREEMENT are unchanged and unaffected by this AMENDMENT and shall

continue in full force and effect as set forth in the AGREEMENT.

5. A copy of this AMENDMENT shall be attached to the original AGREEMENT.

1

 

 

BIB]

 

40718-U01

SIGNED-U02

BOARD-U02

REPORT-U02

SUPPORTING-U02

DOCS-U02

LI21329-U03

FO96183-U03

FO96184-U03

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APPROVE-U07

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AUGUST-U012

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2011-U012

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JUNE-U012

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PROVIDE-U012

PROGRAM-U012

ASSESSMENT,-U012

GAP-U012

ANALYSIS,-U012

WORKERS-U012

COMPENSATION-U012

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LIABILITY-U012

THIRD-U012

PARTY-U012

ADMINISTRATOR-U012

PROGRAM-U012

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SIGNED BOARD REPORT AND SUPPO�v�IN WITNESS WHEREOF, the parties have executed the AMENDMENT on the day

and year written below.

By

CONTRACTOR

/ d h4 LY I

1C-o-mpanan R resentative

Dated jb /u Printed Name rCcr o r y/ 1 f Ut

2-

Dated

2

 

 

BIB]

 

40718-U01

SIGNED-U02

BOARD-U02

REPORT-U02

SUPPORTING-U02

DOCS-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99716-U03

MG99791-U03

AS99817-U03

AS99821-U03

AI101945-U03

DO103417-U03

C10-U03

BOARD-U03

REPORTS-U03

6/24/2011-U04

MARCELLAC-U04

16512-U05

3-U06

APPROVE-U07

AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

OFFICER-U07

TO-U07

SIGN-U07

AMENDMENT-U07

NO.-U07

3-U07

TO-U07

THE-U07

PROFESSIONAL-U07

SERVICES-U07

105-ADMINISTRATION-U08

BUTLER-U09

CAROLYN-U09

BUTLERC-U10

5/9/2011-U011

AGREEMENT-U012

BICKMORE-U012

RISK-U012

SERVICES,-U012

INCREASING-U012

THE-U012

TOTAL-U012

AMOUNT-U012

OF-U012

THE-U012

CONTRACT-U012

$100,000-U012

TO-U012

$190,000,-U012

EXTENDING-U012

THE-U012

EXPIRATION-U012

DATE-U012

AUGUST-U012

30,-U012

2011-U012

TO-U012

JUNE-U012

30,-U012

2012,-U012

TO-U012

PROVIDE-U012

PROGRAM-U012

ASSESSMENT,-U012

GAP-U012

ANALYSIS,-U012

WORKERS-U012

COMPENSATION-U012

GENERAL-U012

LIABILITY-U012

THIRD-U012

PARTY-U012

ADMINISTRATOR-U012

PROGRAM-U012

SERVICES-U012

ASSESSMENT-U012

CONTINUE-U012

TO-U012

PROVIDE-U012

ANNUAL-U012

ACTUARIAL-U012

ANALYSIS-U012

OF-U012

WORKERS-U012

COMPENSATION-U012

SELF-INSURANCE-U012

PROGRAMS,-U012

INCLUDING-U012

ESTIMATION-U012

OF-U012

OUTSTANDING-U012

LIABILITIES,-U012

PROJECTED-U012

AGGREGATE-U012

COSTS,-U012

DEPARTMENTAL-U012

COST-U012

ALLOCATIONS,-U012

RELATED-U012

ACTUARIAL-U012

PROJECTS-U012

THE-U012

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SIGNED BOARD REPORT AND SUPPO�v�Addendum 2A

Scope of Work

Service Timeline Cost

Project Kick-Off Meeting. Feb 1, 2010 $870

Collection of written materials

and documentation Jan 2010 $3,000

Interviews Jan  Feb 2010 $12,480

Complete documentation of

existing environment Feb  March 2010 $7,320

Complete GAP Analysis April 2010 $4,860

Complete Staffing

Recommendations April 2010 $4,860

Complete Other

Recommendations April 2010 $3,210

Develop Draft Report May 2010 $8,160

Total  $44,760

 

 

BIB]

 

40718-U01

SIGNED-U02

BOARD-U02

REPORT-U02

SUPPORTING-U02

DOCS-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99716-U03

MG99791-U03

AS99817-U03

AS99821-U03

AI101945-U03

DO103417-U03

C10-U03

BOARD-U03

REPORTS-U03

6/24/2011-U04

MARCELLAC-U04

16512-U05

3-U06

APPROVE-U07

AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

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TO-U07

SIGN-U07

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NO.-U07

3-U07

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105-ADMINISTRATION-U08

BUTLER-U09

CAROLYN-U09

BUTLERC-U10

5/9/2011-U011

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BICKMORE-U012

RISK-U012

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INCREASING-U012

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AMOUNT-U012

OF-U012

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CONTRACT-U012

$100,000-U012

TO-U012

$190,000,-U012

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THE-U012

EXPIRATION-U012

DATE-U012

AUGUST-U012

30,-U012

2011-U012

TO-U012

JUNE-U012

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ASSESSMENT,-U012

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