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04-091 Milliman, IncAGREI=MENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 ~3 J7 g 9 NO. O3 I t= BY THIS AGREEMENT made and entered into on the _ 27th day of July 2004 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1)Milliman, Inc (2) Address 650 California St 17th F1r.CitySan Francisco Zip 94108 Phone415-403-1333 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following spe~:ified services and/or materials: Analysis relating to the City's self-insured workers compensation program as described on page 5/13 of City's RFP (attached). EXHIBITS: The following attached exhibits hereby are m~cde part of this Agreement: Page 5/13 of City's RFP for actuarial analysis of workers' compensation program 7/16/04 letter re: proposal for actuarial services -workers' compensation program TERMS: The services and/or materials furnished under ti-lis Agreement shall commence on 7/28/04 and shall be completed before 9 / 15 / 04 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed $7,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any r nd all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the erformance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. I j~~nsurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance (~ ~! efore commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in tFle employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation of master and servant exists between City end undersigned. At all times Contractor shall be deemed to bean independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. Other: As per "Contractual Terms" in attached proposal (pp 4&5); except that choice of Law will be that of the State of CONTRACT CO-ORDINATOR and representative for CITY shall be: California. NAME r.arol Augustine DEPARTMENT Finance This Agreement shall become effective upon its execution kly CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. ^< <-~~ ~ Title Soc. Sec. # ~ ~ APPROVALS EXPENDITURE DISTRIBUTION D TMENT HEAD DATE ACCOUNT NUMBER AMOUNT ~./ 7 ~ 110-4100-7014 $7,000.00 CITY CL K D ~ ~ a~. CITY CLERK COPY A ft?ILLI P.A F, td GL02=.L FIF. iti M10~11'i'1an Consultants and Actuaries July 16, 2004 City of Cupertino Attention: City Clerk 10300 Torre Avenue Cupertino, California 95014 Re: Proposal for Actuarial Services -Workers Compensation Program Dear City Clerk: Milliman, Inc. is pleased to submit this propo~:al for consulting actuarial services for the City of Cupertino (the City). This letter outlin~:s the project scope and provides you with the items listed in the Request for Proposal (RFP). INTRODUCTION ~ I+ XECUTIVE SUldIIVIAR~t Standard Analysis. This analysis relates to the City's self-insured workers compensation program. Specifically, using data evaluated as of June 30, 2004 we will provide the City with estimates of: • RetaineCl lpgcl reserves as of June 30 20'04. Reser~'e est~.i~ateS equal the projected ultimate losses minus actual payments made to date; the City should establish a balance sheet liability for this item. • Funding estimate for Policy Year 200~~-05. Funding estimates are intended to provide for future losses. Many organizations use these estimates for budget purposes. For workers compensation, these estimates will reflect California's new workers compensation benefits. We will also assume your current self-insured retention will apply for going forward, u~~less you prefer alternative limits. • Probability Levels & Present Values. The estimates described in the previous section will be calculated on an expected value, undiscounted basis. We will also show the results at the 70%, 80%, 90% and 95% probability levels, which increase the likelihood, but do not guarantee, that actual future payments will not exceed our estimates. Additionally, the present value associated with our ' Unless otherwise specified, losses include allocated loss ;adjustment and claim administration expenses. City of Cupertino ' July 16, 2004 Page 3 of 5 manage have twelve members of the Casualty Actuarial Society and ten other professionals at various levels of career development. Software. Milkman has developed customi~:ed software (based in Microsoft products such as Excel) that we use for our self-insure~J clients, which can easily be tailored to a client's specific needs. Since this is an internal product, the software itself does not have a "reputation" in the industry. However, using this software as a tool, Milkman itself has developed a valued reputation for providing hi€;h quality consulting services. DATA Requested Items. Attachment B to the RFP ~:ontains a "snapshot" of the basis data we need to complete the analysis; we would also like to review that report at earlier evaluation dates. In addition, we would like to review your prior actuarial study. Data Reliances. Our estimates will be based on the data that we receive from the City and your TPA. Although we check data for reasonableness, we do not perform an independent verification or audit. Such a review would be beyond the scope of our assignment. If the underlying data or information is inaccurate or incomplete, the results of our analyses may likewise be inaccurate or ir~coinplete. Industry Data. We will base our projections on the City's own historical data to the extent it is credible. If the City's own experience is not statistically reliable enough to forecast by itself we will supplement the Cit•,~'s data with industry statistics from the California Workers Compensation Insurance Rating Bureau (WCIRB) and the Insurance Sel-vices Office (iS0) or other industry sources. TIIVIE TABLE AND WORK PRODUCT Timing. A preliminary draft report will be completed with three weeks of receiving the data. The final draft will be completed within ~, week of receiving your comments on the preliminary draft. The deadlines identified in ;,your RFP can easily be met if the data is available by mid A„g„st, Deliverables. The results of our analysis will be fully documented in a written report. In addition to summarizing the results, the report will include a detailed discussion of the assumptions, methodologies underlying our a~lalysis, sources of variability and other important limitations. The report will also discuss the City's experience (loss rates, frequency and severity) and compare them to other California public entities. „~ City of Cupertino July 16, 2004 Page 5 of 5 binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place before a panel of three arbitrators. Within 30 days of the commencement of the arbitration, each party shall designate in writing a single neutral and independent arbitrator. TYie two arbitrators designated~by the parties shall then select a third arbitrator. The arbitrators shall have a background in either insurance, actuarial science or law. The arl:Iitrators shall have the authority to permit limited discovery, including depositions, prior to the arbitration hearing, and such discovery shall be conducted consistent with the Federal Rules of Civil Procedure. The arbitrators shall have no power or authority to award punitive or exemplary damages. The arbitrators may, in their discretion, award the cost of the arbitration, including reasonable attorney fees, to the prevailing party. Any award made may be confirmed in any court having jurisdiction. Any arbitra~~ion shall be confidential, and except as required by law, neither party may disclose the content or results of any arbitration hereunder without the prior written consent o:~ the other parties, except that disclosure is permitted to a party's auditors and legal advisors. Choice of Law. The construction, interpretation, and enforcement of this Agreement shall be governed by the substantive contract l~rw of the State of California without regard to its conflict of laws provisions. It is the intention of the parties that the Limitation of Liability paragraph above shall be enforceable and the parties believe that the clause is enforceable under California law. In the event that the Limitation of Liability clause is not enforceable, then the parties agree that NI;w York law, and not California law shall apply. In the event any provision of this agre~;ment in unenforceable as a matter of law, the remaining provisions will stay in full force and effect. CLOSING Milliman appreciates this opportunity to submit this proposal to the City of Cupertino. Please contact us if you have questions or comments. Best regards, Guy A. Avagliano FCAS, MAAA GAA:mph OFFICES IN PRINCIPAL CIl~IES WORLDWIDE