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HomeMy WebLinkAboutC24-485 Arthur J. Gallagher Risk Management Services, LLC_fourth amendmentFOURTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, LLC THIS FOURTH AMENDMENT (“Fourth Amendment”) is effective as of ________________ by and between Arthur J. Gallagher Risk Management Services, LLC, an Illinois limited liability company (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 Consultant would perform certain Services with compensation in an amount not to exceed $53,000; and WHEREAS, by a First Amendment dated the 17th day of December, 2021, the term of the Original Agreement was extended to December 31, 2022, with compensation not to exceed $54,500 for that year; WHEREAS, by a Second Amendment dated the 4th day of November, 2022, the term of the Original Agreement, as amended, was extended to December 31, 2023, with compensation not to exceed $54,500 for that year; and WHEREAS, by a Third Amendment dated the 27th day of December, 2023, the term of the Original Agreement, as amended, was extended to December 31, 2024, with compensation not to exceed $57,225 for that year; WHEREAS, the term of the Original Agreement, as previously amended, expires on the 31st day of December, 2024, and the parties desire to extend the term for an additional year, provide for Consultant to perform additional Services for additional compensation, and delete Section 17 of the Original Agreement, all as set forth below. FOURTH 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, as previously amended, shall be amended to include additional Services as described in Exhibit 1, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $57,225, or a total maximum compensation under the Original Agreement and all amendments thereto of $276,450. Docusign Envelope ID: B85A5BD9-7B5B-4900-AA50-C16106B98074 12/17/2024 2 3. The term of the Original Agreement, as previously amended, is hereby extended to the 31st day of December, 2025. 4. Section 17 of the Original Agreement is hereby deleted in its entirety. 5. Capitalized terms in this Fourth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Fourth Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Fourth Amendment shall govern and control the rights and obligations of the parties. 6. Except as expressly altered, modified and changed in this Fourth 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. 7. This Fourth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Original Agreement on the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ ATTEST: Matt Scherr, Chair ________________________ Clerk to the Board CONSULTANT: ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, LLC, an Illinois limited liability company By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ Docusign Envelope ID: B85A5BD9-7B5B-4900-AA50-C16106B98074 Area President Tim Fyock 3 Exhibit 1: 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 coverage (other than employee benefits) requested and agreed to by County. Gallagher will perform risk management services, which County 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 County. ● 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 County, annually provide loss projections. ● Throughout the year, actively research and facilitate discussions/ meetings on various risk management and coverage issues identified by or potentially of relevance to County. (e.g., Business interruption, technology transfer, pandemic flu, event cancellation, etc.) ● Provide regular communications to County (e.g., article of interest, whitepapers, etc.) on insurance industry and public sector risk management developments and trends. ● Attend meetings with County 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 County. ● Work with County’ 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 County in the administration of its program. Fee for Service: $57,225 Docusign Envelope ID: B85A5BD9-7B5B-4900-AA50-C16106B98074