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HomeMy WebLinkAboutC22-361 Arthur J. Gallagher_second amendmentSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. THIS SECOND AMENDMENT (“Second Amendment”) is effective as of _____________ by and between Arthur J. Gallagher Risk Management Services, Inc. an Illinois corporation (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an agreement dated the 3rd day of February, 2021, for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $53,000; and WHEREAS, the Original Agreement was amended and extended through a first amendment dated the 17th day of November, 2021 (the “First Amendment”) to provide that the Consultant would perform certain additional Services with compensation in an amount not to exceed $54,500; and WHEREAS, the County desires to have Consultant perform additional Services for additional compensation as set forth below; and WHEREAS, the term of the First Amendment expires on the 31st day of December, 2022, and the parties desire to extend the term for an additional year. SECOND AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The Original Agreement and First Amendment shall be amended to include additional Services as described in Exhibit 1 to this Second Amendment, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $54,500 a total maximum compensation under the Original Agreement, the First Amendment, and the Second Amendment of $162,000. 3. The term of the Original Agreement is hereby extended to the 31st day of December, 2023. 4. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement and First Amendment. To the extent that the terms and provisions of this Second Amendment conflict with, modify, or supplement portions DocuSign Envelope ID: B8A200EA-0CF0-430E-9157-F8F493D70BB8 11/4/2022 of the Original Agreement or the First Amendment, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 6. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONSULTANT By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: B8A200EA-0CF0-430E-9157-F8F493D70BB8 Tim Fyock Area President Exhibit I: SCOPE OF SERVICES, SCHEDULE, FEES The following outlines services provided by Gallagher over the term of this Agreement. ● Gallagher will act as Broker for all contracts of property and casualty insurance (insurance coverage other than employee benefits) requested and agreed to by the Client. ● Gallagher will perform risk management services, which Client may from time to time need or require. ● These services include but are not limited to: ○ Annual marketing of coverage and evaluation of program design as discussed and agreed to with Client. ○ Administration of coverage portfolio including all policies. Administration to include binding of coverage, policy review and delivery of all policies, endorsement process and accounting/ invoicing. ○ If requested by the client, annually provide loss projections. ○ Throughout the year, actively research and facilitate discussions/ meetings on various risk management and coverage issues identity by or potentially of relevance to Client. (ie. Business interruption, technology transfer, pandemic flu, event cancellation, etc.) ○ Provide regular communications to Client (i.e. article of interest, whitepapers, etc.) on insurance industry and public sector risk management developments and trends. ○ Attend meetings with Client and insurance carriers at various points throughout the year. ○ Review contracts to ensure insurance requirements match in-place coverage. ○ Produce Certificates of Insurance and Auto Identification documents. ○ Provide claim reporting, research, advocacy and communications as required based on claim activity. ○ Provide loss control assistance and as desired by Client. ○ Work with Client’s counsel, auditor, and risk management team in providing needed information and/or as required. ○ Evaluate coverage terms and conditions to provide advice about the insurance programs as requested. ○ Generally assist Client in the administration of its program. Fees for Service: $54,500 DocuSign Envelope ID: B8A200EA-0CF0-430E-9157-F8F493D70BB8