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2nd Amendment 04/15/2015 / ,. _ TT , . , HEAVILIt1, .., .,.... „,..„,,,_.,., ,, K ...... .31-0.4.-;?.... CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY, FLORIDA DATE: April 24, 2015 TO: Teresa Aguiar, PHR, CPM Director of Employee Services ATTN: Christine Diaz FROM: Lindsey Ballard, D. C At the April 15, 2015, Board of County Commissioner's meeting the Board granted approval and execution of Item C18 one year contract renewal with Employers Mutual, Inc. to provide Third Party Claims Administration for the Monroe County Workers' Compensation program. Attached is a duplicate original of the above - mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance \File ' 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305- 295 -3663 S C ANNED 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305- 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146 SECOND AMENDMENT TO AGREEMENT FOR ADMINISTRATIVE SERVICES BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND EMPLOYERS MUTUAL INC. THIS SECOND AMENDMENT, made and entered into this 15` day of April 2015, by and between Board of County Commissioners of Monroe County ( "BOCC "), hereafter referred to as the Client, and Employers Mutual Inc., 700 Central Parkway, Stuart, FL 34994, a Florida Corporation, hereinafter referred to as Administrator. WHEREAS, on September 9, 2009, the Client entered in an agreement to engage the services of Administrator to provide claim administration for workers' compensation and liability claims; and WHEREAS, the First Amendment effective October 1, 2012 between the parties is to terminate on September 30, 2015; and WHEREAS, the parties have mutually agreed to continue the Agreement; and WHEREAS, it is in the best interest of the BOCC and serves a public purpose to continue with the services provided by Employers Mutual Inc.; and WHEREAS, Employers Mutual Inc. wishes to continue with the service it provides the BOCC. NOW THEREFORE, in consideration of the mutual promises and considerations, parties agree to amend the Agreement as follows: 1) Section IV shall be amended as follows: (i) Term. The terms of this Agreement shall be effective October 1, 2015 and continue for a period of one (1) year. This Agreement will be automatically renewed for successive one -year periods until either party gives the other notice of cancellation in accordance with the terms set forth below. 2) Section V. Administrator Fees shall be amended as follows: Administrator shall receive consideration in accordance with the following: Client shall pay Administrator a flat rate of $70,918 per year for the next one (1) year of claims adjusting and fees as per Attachment "A ". The amount will be paid in monthly installment payments due at the beginning of each month. Payments will be made according to the Florida Local Government Prompt 1 Payment Act. Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe County (Clerk). The request must describe in detail the services performed and the payment amount requested. Additionally, Client will pay Administrator for the following services: As stated in "Attachment A ". If the client, for any reason whatsoever, fails to make a required fee payment or necessary contribution for claim payment as requested by Administrator on a timely basis, Administrator may suspend the performance of its services to the Client until such time as the Client makes the proper remittance. Continuation of this Agreement is specifically made contingent upon annual appropriation by Monroe County. 3) In all other respects the terms and conditions of the original agreement remain in full force and effect. IN WITNESS WHEREOF, The Employer and Contractor have caused this amendment to Agreement to be executed this ISth day of trp vi 1 , 2015. ATTEST: AMY HEAVILIN, CLERK Board of County Commissioners of Monroe County B / , "" By < -� Dep ty lerk or, army L. Kolhage Employers Mutual, Inc. By: Tim McCreary, Pr i ent MONROE COUNTY ATTORNEY PROV D ASO YNTHIA L. ALL 2 ASSTS AN CO 6 TY AT `FNEY Date ATTACHMENT "A" MONROE COUNTY WORKERS' COMPENSATION THIRD PARTY CLAIMS ADMINISTRATION WORKERS' COMPENSATION PRICING Employers Mutual, Inc. (EMI) will perform the Third Party Claims Administration for Monroe County for the following fee schedule. EMI will have the workers' compensation claims allocated individually to a lost time and medical only adjuster. EMI will perform this for an annual fee of $70,918.00 This rate will be guaranteed for a period of one (1) year. The annual fee may be paid in twelve equal installments. All pricing is based on a life of contract service agreement In addition, to the above services Employers Mutual, Inc. will provide the following services at the stated rate per the request of the Monroe County Board of County Commissioners. • Medical Bill Re- pricing: $1.50 per line or $5.50 flat -rate per bill (flat -rate excludes hospital bills) • Network Access: 25% of savings • Telephonic Case Management: $85 per hour • Field Case Management: $95 per hour • Hospital Bill Audits: 25% of savings • Subrogation 10% of recovery (cap is negotiable) Allocated expenses (allocated to the claims files) include those paid to outside firms, such as contract adjusters, private investigators, surveillance, legal and court reporters. 3