R12-134I
3 RESOLUTION NO. R12 -134
4
5 A RESOLUTION OF THE CITY OF BOYNTON
6 BEACH, FLORIDA, APPROVING AND
7 AUTHORIZING THE INTERIM CITY MANAGER
8 TO EXECUTE A CONSULTANT AGREEMENT FOR
9 A FIFTEEN MONTH CONTRACT FOR
10 CONSULTING SERVICES FOR EMPLOYEE GROUP
11 INSURANCE PLAN WITH GEHRING GROUP FOR
12 CONSULTING SERVICES FOR A BASE MONTHLY
13 AMOUNT OF $6,650.00; AND PROVIDING AN
14 EFFECTIVE DATE.
15
16 WHEREAS, on September 25, 2012, Procurement Services received and opened
17 three (3) proposals to the RFP #076 - 1610- 12 /JMA for "Fifteen Month Contract for
18 Consulting Services for City of Boynton Beach Group Insurance Plans; and
19 WHEREAS, the proposals were reviewed by a selection committee and it was
20 determined appropriate by staff to recommend award of this RFP to Gehring Group whose
21 response to RFP was the most responsive responsible proposer that met all the criteria;
22 and
23 WHEREAS, staff is recommending approval of a Consultant Agreement for a
24 Fifteen Month Contract for Consulting Services for Employee Group Insurance Plan with
25 Gehring Group for consulting services for a base monthly amount of $6,650.00 with the
26 option of four (4) one -year renewals.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
28 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
30 being true and correct.
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1 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
2 approves and authorizes the Interim City Manager to execute the Consultant Agreement for a
3 Fifteen Month Contract for Consulting Services for Employee Group Insurance Plan with
4 Gehring Group for consulting services for a base monthly amount of $6,650.00 with the
5 option of four (4) one -year renewals, a copy of which is attached hereto as Exhibit "A ".
6 Section 3. That this Resolution shall become effective immediately.
7 PASSED AND ADOPTED this 18 day of December, 2012.
8 tMayo BOYNTON BEA
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1 0 '4
11 3A�t5" ro
12 13 A 14 yor — Mack McCray
s
17 �'Com ' ioner
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20 Comm ssione — man
21
22
23 Com sioner
24
25 ATTEST:
26
27
28 Jan M. Prainito, MMC
29 � Clerk
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U_- 1
COKSULTANT AGREEMENT FOR
4 Af4FTEE-W411i 1 4TF1 - C TNTRAZT IeoULTff4G ik 1 V1C - ES - F1A% - E1AFL_1YEJ-
•
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City ", and Gehrina Group , hereinafter referred to as "the
Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSULTANT services in connection with the project designated.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies. No
modifications will be made to the original scope of work without the written approval of the
city's assigned project manager.
3. TIME FOR PERFORMANCE. Work under this Agreement is for the term January 1. 2013
to March 31, 2014. The City of Boynton Beach may renew the contract at the same terms
and conditions, for four (4) one -year periods subject to vendor acceptance, satisfactory
performance and determination that renewal will be in the best interest of the City.
Consultant shall perform all services and provide all work product required pursuant to this
agreement.
4. PAYMENT. The Consultant shall be paid by the Provider /City for completed work and for
services rendered under this contract as follows:
a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Consultant shall not
exceed 6 650 Monthly) as a base fee for services without express written
modification of the contract signed by the City.
b. Additional fee for an On -Line enrollment system, monthly fee to be finalized at the time
the City begins this additional feature.
c. Payment as provided in this section by the provider shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
d. The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years. Copies shall be made available upon request.
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5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this contract shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
contract.
7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof, including attorneys fees and costs, arising from injury or death to
persons, including injuries, sickness, disease or death to Consultant's own employees, or
damage to property occasioned by a negligent act, omission or failure of the Consultant.
8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000
per occurrence /aggregate for property damage, and professional liability insurance in the
amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition
to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon thirty
(30) days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City within fifteen (15) days of execution of this contract.
9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this contract.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this contract. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to Consultant, or any
employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Consultant, to solicit or secure this agreement, and that he has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for
the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this agreement.
For breach or violation of this warranty, the City shall have the right to annul this agreement
without liability or, in its discretion to deduct from the agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
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11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this agreement without the express written consent of the City.
13. NON - WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving thirty (30)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Palm Beach County, Florida. Further, this agreement shall
be construed under Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 -0310
ATTN: Julie Oldbury, Human Resource Director
Notices to Consultant shall be sent to the following address:
Gehring Group
11505 Fairchild Gardens Ave
Suite 202
Palm Beach Gardens, FL 33410
ATTN: Kurt Gehring, CEO
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11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this agreement without the express written consent of the City.
13. NON - WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
M a t 4 N L T Ai 11► h_' 0 Eel 6 4
a. The City reserves the right to terminate this agreement at any time by giving thirty (30)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 -0310
ATTN: Julie Oldbury, Human Resource Director
Notices to Consultant shall be sent to the following address:
Gehring Group
11505 Fairchild Gardens Ave
Suite 202
Palm Beach Gardens, FL 33410
ATTN: Kurt Gehring, CEO
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17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
-L ')
DATED this - A ) day of
• . •
City na er
. jCit Clerk
.1 20
Con ulta
Title
Attest/Authenticated:
Secretary
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The City of Boynton Beach is seeking a consultant to assist in negotiating contracts with various
group insurance providers to negotiate rates, benefits and services with group insurance
carriers to maximize value for the City. Provide consulting services for our Health, Dental,
Vision, Life, AD &D, and Long Term Disability and other Group benefits. The selection will be
based on qualifications, experience, services provided and price proposal submitted by each
respondent.
The selected respondent shall be expected to provide the following services:
• Collaborate with the Human Resources staff to identify the City's needs and
objectives in providing an innovative, comprehensive and affordable benefits
program.
• Collect and maintain management information regarding group plans necessary to
facilitate decisions regarding group health benefits, and services.
• Conduct benefit surveys for comparing City benefits with other agencies and
companies and provide comparison of results as required.
• Conduct detailed review, analysis and projection sessions with decision makers at
key points throughout the year: mid -year, fourth quarter, and pre - renewal.
• (If requested by the City) Prepare an analysis and recommendation regarding the
cost savings and liability of self- insurance with stop -loss.
• Assist in the design and implementation of aggressive wellness and disease
management initiatives.
• Provide an automated solution for the transmittal of benefit information to multiple
carriers.
• Assist in the preparation of proposal request packages when appropriate. Analyze
all proposals received and make verbal and written recommendations to the Director
of Human Resources of those proposals which best meet the City's needs and
objectives. Present information to Commission, if directed. Assist the City in
assuring that the selected companies meet all contractual and legal obligations on
an ongoing basis.
• When requested, provide on -site administrative support in carrying out services.
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• Conduct contract renewal negotiations with vendors in collaboration with the Director
of Human Resources. Provide review /analysis /projections sessions to include:
➢ Review annual contribution strategy from active participants and retirees
➢ Projected renewal costs
➢ Projected loss ratios
➢ Enrollment analysis and comparisons
➢ Claims analysis and comparisons
➢ High cost claim summary
➢ Network utilization and cost avoidance reports
• Service to include conducting on -site new hire benefit enrollment meetings as
requested by Human Resources Staff; generally on a monthly basis. Explain each
benefit option and answer questions. Verify the new hire enrollment forms are
completed correctly and in a timely manner.
• Conduct periodic (at least quarterly) on -site meetings with employees and /or
dependants on a voluntary basis for individual claim resolution and benefits
counseling.
• Assist with annual employee open enrollment meetings for the purpose of
supporting and improving service to employees and other City initiated
Wellness Programs.
• Assist with annual employee Benefits and Wellness Fair for the purpose of
supporting and improving service to employees.
• Provide ongoing service and information to the City and employees to
assure prompt and efficient claims payments.
• Prepare marketing and education communications and materials regarding
group insurance for the employees and their families.
• Provide ongoing advice and assistance to the City regarding pertinent
legislative changes, court decisions and other works and their impact on the
group benefits and costs.
• Assist City plan administrator and designated staff in maintaining the plan in
the most time efficient manner through continued monitoring and analysis.
• Assist the City in union contract negotiations as they pertain to the benefit
plans.
• Attend and /or conduct City Benefit Committee meetings with employees
and management.
• Conduct review sessions and renewal negotiations based on experience
periods.
• As requested by Human Resources, Staff discussions with employees /union
representatives
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• As requested by Human Resources, Staff discussions with City
Management Leadership Team
• Mid -year review /analysis /projection
• Fourth quarter review /analysis /projection
• Negotiates renewal options to present to City of Boynton Beach
• Personally attend any meetings requested by the City of Boynton Beach.
• The City of Boynton Beach reserves the right to meet with any and all
providers.
• Perform other related services on an "as needed" basis
• Availability of an On -Line enrollment process (Cost in addition to the base monthly
fee)
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■ ■ .S
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PAYMENT: Payment will be made on a monthly basis during this agreement and all renewal
periods.
Initial agreement period of January 1, 2013 thru March 31, 2014 the monthly payment for
services is as follows:
Monthly base fee for services $6,650 /month equally $79,800 annually(12 months)
Option for On -Line enrollment feature
• Monthly fee to be determined at the time the City requests initiating this service.
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