contracting with the State to do the Contract Work. The Contractor is one of the Parties to this Agreement. “Court(s)” or “Trial Court(s)” means one or more of the fifty-eight (58) superior courts in the California state court system. “Data” all types of raw data, articles, papers, charts, records, reports, studies, research, memoranda, computation sheets, questionnaires, surveys, and other documentation. “Day” means calendar day, unless otherwise specified. “Deliverable(s)” or “Submittal(s)” means one or more items, if specified in the Contract Documents, that the Contractor shall complete and deliver or submit to the State for acceptance. “Force Majeure” means a delay which impacts the timely performance of Work for which neither the Contractor nor the State are liable because such delay or failure to perform was unforeseeable and beyond the control of the Party. Acts of Force Majeure include, but are not limited to: Acts of God or the public enemy; Acts or omissions of any government entity; Fire or other casualty for which a Party is not responsible; Quarantine or epidemic; Strike or defensive lockout; and, Unusually severe weather conditions. “Judicial Branch Entity” or “JBE” the Judicial Council of California, the Administrative Office of the Courts, any of the California Appellate Courts (which includes the Supreme Court of California and the California Courts of Appeal), any of the Courts, the Habeas Corpus Resource Center and the Commission on Judicial Performance of the State of California (collectively referred to as Judicial Branch Entities). “Key Personnel” means the Contractor’s personnel named in Exhibit E, Contractor’s Key Personnel, whom the State has identified and approved to perform the Work of the Contract. Roles of Key Personnel are set forth in Exhibit E, Contractor’s Key Personnel. “Material” means all types of tangible personal property, including but not limited to goods, supplies, equipment, commodities, and information and telecommunication technology. trial
PAYMENT PROVISIONS (EXHIBIT C) Contract Amount The total amount the State may pay to the Contractor under this Agreement for performing the Work set forth in Exhibit D, Work to be Performed, shall be the actual cost not to exceed $TBD as set forth in this Exhibit, and the not to exceed amount per Term, as set forth below: Initial Term not to exceed amount of $TBD. First Option Term not to exceed amount of $TBD. Second Option Term not to exceed amount of $TBD. Third Option Term not to exceed amount of $TBD. The Contractor has estimated the costs and expenses necessary to complete the Work. The State’s acceptance of the Contractor’s proposal and price does not (i) imply that the State approves of or adopts the Contractor’s plan, means, methods, techniques, or procedures required to perform the Work, nor (ii) relieve the Contractor from the sole responsibility for the accuracy of its estimate and timely completion of the Work of this Agreement within the total amount for compensation set forth herein. Compensation for Contract Work The State shall compensate the Contractor as follows: Initial Term: For performing the Work of this Agreement during the Initial Term as set forth in Exhibit D, Work To Be Performed, the State shall compensate the Contractor for the actual cost, at the hourly rates set forth in Tables 1A and 2A, below, provided such total actual cost shall not exceed the not to exceed amounts set forth in Table 3A, below, for completion of each Task and acceptance of all Deliverables set forth in Exhibit D, Work To Be Performed. Table 1A: Contract Rates for Contractor’s Key Personnel for the Initial Term Contractor’s Key Personnel Title Rate Per Hour Contractor’s Account/Engagement Manager
after AOC review of Contractor’s allocation program recommendations. Deliverable: Allocation Program Recommendations 5 Assist the AOC in training sessions for the Judicial Branch Entities Provide loss control recommendations and in conjunction with the AOC, the training sessions to be provided to the courts that will cover relevant loss topics. Provide ongoing insurance market and WC updates regarding code interpretation, case law, and reform (SB899) related news. The AOC acknowledges that the Contractor is not authorized to practice law and that the Contractor shall not be required to render legal advice hereunder. Utilize new information to create an ongoing WC newsletter for distribution within the AOC and trial courts. Identify ongoing improvements to the program, including new and innovative products. Provide advocacy services on behalf of the JBWCP on WC related matters involving the service providers to the JBWCP. Develop training programs for the JBWCP with an emphasis on tool kit training modules and Webex training sessions. Participate in audits and files reviews. Protect and Deliverables for the Second Option Term are as set forth in Table 3, below: Table 3: Project Tasks and Deliverables for the Second Option Term Task No. Task/Deliverable Completion Date 1 Analyze current and past workers’ compensation data and perform actuarial studies Collect historical data and prepare data for actuarial review. This will involve several reports, i.e. an aggregate report and reports for individual courts.