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Agreement - Innovative Claims Solutions, Inc. - 1st Amendment - Workers Compensation 3rd Party Claims Administrator - Signed 2022-07-01City of Gilroy Agreement/Contract Tracking Today’s Date: May 30, 2022 Your Name: LeeAnn McPhillips Contract Type: Services over $5k - Consultant Phone Number: 408-846-0205 Contract Effective Date: (Date contract goes into effect) 7/1/2022 Contract Expiration Date: 6/30/2024 Contractor / Consultant Name: (if an individual’s name, format as last name, first name) Innovatie Claims Solutions, Inc. Contract Subject: (no more than 100 characters) Workers Compensation Third Party Claims Administrator; City Council approved 5 yr. agreement in 2019 Contract Amount: (Total Amount of contract. If no amount, leave blank) $442251 By submitting this form, I confirm this information is complete: ➢ Date of Contract ➢ Contractor/Consultant name and complete address ➢ Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid) ➢ Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached ➢ Taxpayer ID or Social Security # and Contractors License # if applicable ➢ Contractor/Consultant signer’s name and title ➢ City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Risk Manager City Attorney Approval As to Form City Administrator or Department Head City Clerk Attestation DocuSign Envelope ID: 155EF889-2F3C-4E7D-A223-72BD243F2064 5/31/2022 5/31/2022 6/6/2022 6/6/2022 TYPE OF PROCURMENT DOLLAR THRESHOLD / SIGNING AUTHORITY STAFF LEVEL DEPARTMENT HEAD CITY ADMINISTRATOR COUNCIL APPROVAL $0-$999.99 $1,000-$49,999.99 $50,000-$99,999.99 $100,000-Above EQUIPMENT /SUPPLIES/ MATERIALS Furniture, hoses, parts, pipe manholes, office supplies, fuel, tools, PPE items, etc… • Vendor selection at discretion of staff Payment Method Purchase Card or Payment Request (if vendor does not accept credit cards) • Informal bid/quotation – 3 quotes (verbal or written) • Purchasing Summary form w/ Purchasing Approval • Purchase Requisition Payment Method Purchase Order* • Informal bid/quotation – 3 written quotes • Purchasing Summary form w/ City Administrator Approval • Purchase Requisition Payment Method Purchase Order • Formal Bid • Advertisement • Council Approval • Purchase Requisition signed by City Administrator Payment Method Purchase Order GENERAL SERVICES Janitorial, landscape maintenance, equipment repair, installation, graffiti abatement, service inspections, uniform cleaning, etc… • Vendor selection at discretion of staff • May require insurance documents depending on scope/ nature of work Payment Method Purchase Card (if incorporated) Signed Payment Request (if sole proprietor or partner) • Informal bid/quotation – 3 quotes (verbal or written) • Purchasing Summary form w/ Department Head Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order* • Informal Bid/RFP quotation – 3 written quotes • Purchasing Summary form w/ City Administrator Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • Formal Bid/RFP/RFQ • Advertisement • Council Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order PROFESSIONAL SERVICES Consultants, architects, designers, auditors, etc... • Vendor selection at the discretion of staff • Purchase Summary Form w/ Purchasing Approval • Standard Agreement signed by Department Head • Purchase Requisition Payment Method Purchase Order • RFP/RFQ to at least 3 consultants • Purchase Summary Form w/ Department Head Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • RFP/RFQ to a list of consultants • Evaluation Spreadsheet w/ City Administrator Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • Formal RFP/RFQ • Advertisement • Council Approval • Standard Agreement signed by City Administrator • Purchase Requisition Payment Method Purchase Order DocuSign Envelope ID: 155EF889-2F3C-4E7D-A223-72BD243F2064 -1- 4845-8215-5540v1 MDOLINGER\04706083 FIRST AMENDMENT TO WORKERS COMPENSATION THIRD PARTY CLAIMS ADMINISTRATION AGREEMENT BETWEEN THE CITY OF GILROY AND INNOVATIVE CLAIMS SOLUTIONS, INC. WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Innovative Claims Solutions, Inc. entered into that certain agreement entitled Agreement for Services – Workers Compensation Third Party Claims Administration, effective on July 1, 2019, hereinafter referred to as “Original Agreement”; and WHEREAS, City and Innovative Claims Solutions, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Article 1. Term of Agreement of the Original Agreement shall be amended to read as follows: This amendment will become effective on June 30, 2022 and will continue in effect through June 30, 2024, unless extended by addendum or unless terminated in accordance with the provisions of Article 7 of the Original Agreement. 2. Exhibit D is amended to officially add Year 4 and Year 5 to this Agreement. The cost for these two years was already included in the dollar amount of the original Agreement. 3. This Amendment shall be effective on June 30, 2022. 4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY INNOVATIVE CLAIMS SOLUTIONS, INC. By: By: [signature] [signature] Jimmy Forbis Dan Greco [employee name] [name] City Administrator Vice-President, Client Services [title/department] [title] Date: Date: DocuSign Envelope ID: 155EF889-2F3C-4E7D-A223-72BD243F2064 5/31/20226/6/2022 -2- 4845-8215-5540v1 MDOLINGER\04706083 APPROVED AS TO FORM: ATTEST: City Attorney City Clerk DocuSign Envelope ID: 155EF889-2F3C-4E7D-A223-72BD243F2064 -3- 4845-8215-5540v1 MDOLINGER\04706083 EXHIBIT “D” PAYMENT SCHEDULE CONSULTANT’S Claims Administration fee shall be as follows: Fiscal Year Annual Fee Agreement/Option 7/1/19 - 6/30/20 $83,300 payable monthly at rate of $6,941.67 Agreement - Year One 7/1/20 - 6/30/21 $85,799 payable monthly at rate of $7,149.92 Agreement - Year Two 7/1/21 - 6/30/22 $88,373 payable monthly at rate of $7,364.42 Agreement - Year Three 7/1/22 - 6/30/23 $91,024 payable monthly at rate of $7,585.33 Addendum to Agreement - Year Four 7/1/23 - 6/30/24 $93,755 payable monthly at rate of $7,812.92 Addendum to Agreement - Year Five The Claims Administration fees are payable monthly in advance by the City of Gilroy upon receipt of CONTRACTOR’S invoice. The City of Gilroy shall establish, maintain, and reconcile the workers compensation trust/bank account as such there will be no charge from CONTRACTOR for these services. The City of Gilroy shall be responsible for all Managed Care Services and Loss Adjustment Expenses. Managed Care Services shall include medical bill review, utilization review, and medical case management. Costs for such services are documented in Exhibit B; however, bill review services shall be billed at a rate not to exceed $30.00 per bill. Loss Adjustment Expenses shall include all reasonable expenses necessary to the adjustment of a claim in accordance with the Service Agreement, including, but not limited to, fees for engaging defense counsel, court reporters, expert witnesses and field investigators, incurred on behalf of the City of Gilroy. On behalf of the City of Gilroy, Innovative Claims Solutions, Inc. will perform all workers compensation claims reporting services required by the Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 Mandatory Reporting to the Centers for Medicare & Medicaid Services (CMS) for the periods stated above. DocuSign Envelope ID: 155EF889-2F3C-4E7D-A223-72BD243F2064 DocuSign Envelope ID: 155EF889-2F3C-4E7D-A223-72BD243F2064 DocuSign Envelope ID: 155EF889-2F3C-4E7D-A223-72BD243F2064 DocuSign Envelope ID: 155EF889-2F3C-4E7D-A223-72BD243F2064 DocuSign Envelope ID: 155EF889-2F3C-4E7D-A223-72BD243F2064 DocuSign Envelope ID: 155EF889-2F3C-4E7D-A223-72BD243F2064