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1st Amendment 06/20/2012 FIRST AMENDMENT TO AGREEMENT FOR ADMINISTRATIVE SERVICES BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND EMPLOYERS MUTUAL INC. THIS FIRST AMENDMENT, made and entered into this 20TH day of June 2012, 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 20, 2009, the Client entered into an agreement to engage the services of Administrator to provide claim administration for workers' compensation and liability claims; and WHEREAS,the Agreement between the parties is to terminate on September 30, 2012; 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, the 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, 2012 and continue for a period of three (3) years. 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 three (3) years of claims adjusting. Any increases in the fee are outlined in 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 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 Emplo er and Contractor have caused this amendment to A agreement icAiic executed this 2:0 day of , 2012. ATTEST: DANNY L. KOLHAGE Board of County Commissioners of Monroe County BC By: 'Deputy Clerk M or Employers utual, By ss evin Cothran Title: COO M " ' _ - MONROE COUNTY ATTORNEY AP OV A Tr Fs" : vc NTHIA L. ALL N— _ - - ASSISTA T (0 OUNTY ATTORNEY Date - (100- ATTACHMENT"A" MONROE COUNTY WORKERS' COMPENSATION THIRD PARTY CLAIMS ADMINISTRATION %VORKERS' 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 three (3) years. The annual fee may be paid in twelve equal installments. MI oriclne is based on a life of contract service cerement 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. MI