R18-075 1 RESOLUTION NO. R18-075
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE RANKING AS RECOMMENDED
BY THE EVALUATION COMMITTEE AND AUTHORIZING
THE CITY MANAGER TO SIGN AN AGREEMENT WITH
GEHRING GROUP, INC., OF PALM BEACH GARDENS, FL
FOR RFP NO. 012-1610-18/IT FOR EMPLOYEE BENEFITS
• CONSULTING SERVICES IN THE MONTHLY AMOUNT OF
1$ $6,650 FOR THE INITIAL PERIOD COVERING JULY 1, 2018
11 THRU DECEMBER 31, 2019; AND PROVIDING AN
14 EFFECTIVE DATE.
1
1- WHEREAS, on May 9, 2018 City staff opened and tabulated four (4) proposals
1 , to RFP No. 012-1610-18/IT for Employee Benefits Consulting Services; and
1 c WHEREAS, the selection committee provided its scores to Purchasing Services
1 who then tabulated them to arrive at the final score for each firm and the final overall
1: ranking; and
1• WHEREAS, the Agreement may be renewed for four (4) additional one year
21 terms; and
21 WHEREAS, the City Commission of the City of Boynton Beach upon
2• recommendation of staff, deems it to be in the best interest of the citizens and residents
2 to approve the ranking and authorize the City Manager to sign an Agreement with
2, Gehring Group, Inc., of Palm Beach Gardens, FL for RFP No. 012-1610-18/IT for
2- Employee Benefits Consulting Services in the monthly amount of$6,650 for the initial
2; period covering July 1, 2018 thru December 31, 2019.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
2; OF THE CITY OF BOYNTON BEACH,FLORIDA, THAT:
2• Section 1. The foregoing "Whereas" clauses are hereby ratified and
31 confirmed as being true and correct and are hereby made a specific part of this
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.IES\vAGZE6P0\Approve_Ranking_for_Employee_Benefits_Consulting_Services_(Gehring)_-_Resp.doe
31 Resolution upon adoption.
32 Section 2. The City Commission of the City of Boynton Beach, Florida,
33 hereby approves the ranking and authorizes the City Manager to sign an Agreement with
3, Gehring Group, Inc., of Palm Beach Gardens, FL for RFP No. 012-1610-18/IT for
35 Employee Benefits Consulting Services in the monthly amount of$6,650 for the initial
36 period covering July 1, 2018 thru December 31, 2019, a copy of the Agreement is
3 attached hereto and incorporated herein as Exhibit"A".
38 Section 3. That this Resolution shall become effective immediately.
3• PASSED AND ADOPTED this 5th day of June, 2018.
4r CITY OF BOYNTON BEACH, FLORIDA
41 • YES NO
4
4 Mayor—Steven B. Grant
4,
4 Vice Mayor—Christina L. Romelus
4:
4 Commissioner—Mack McCray
4:.
4• Commissioner—Justin Katz y'
5,
51 Commissioner—Joe Casello
5.
5 VOTE .1)
5, ATTEST:
5 Judi A. Pyle, CMC
5: City Clerk
5.
61
61 (City Seal)
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.IESWAGZE6P0\Approve_Ranking_for_Employee_Benefits_Consulting_Services_(Gehring)_-_Reso.doe
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND EMPLOYEE BENEFIT
CONSULTING SERVICES PROVIDER
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as
"the City", and GEHRING GROUP, INC., hereinafter referred to as "PROFESSIONAL", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The PROFESSIONAL is retained by the City to perform
professional services in connection with the RFP FOR EMPLOYEE BENEFIT CONSULTING
SERVICES; RFP No.: 012-1610-18/IT.
2. SCOPE OF SERVICES. PROFESSIONAL agrees to perform the services, identified in
Section II —Scope of Services and attached hereto as Exhibit A.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written
notice by the City to the PROFESSIONAL to proceed.
4. TERM: This Agreement shall be for an initial period of eighteen (18) months commencing July
1, 2018 thru December 31, 2019. The City of Boynton Beach may extend the contract with
the same terms and conditions for four (4) additional, one-year renewal terms subject to
vendor acceptance, satisfactory performance and determination that renewal will be in the
best interest of the City. At the City's request, the PROFESSIONAL shall continue
services beyond the final expiration date as approved by the City Manager or City
Commission. Such extension(s) shall not exceed a six-month period. The
PROFESSIONAL shall be compensated at the rate in effect when this extension period
is invoked by the City.
5. PAYMENT: The City will pay the PROFESSIONAL the fees as set forth in Exhibit B, "Fees
and Payments," which is attached hereto and made a part hereof.
These fees will be paid by the City for completed work and for services rendered under this
agreement as follows, not to exceed $6,650.00 per month for a total of$79,800 annually.
a. Payment for the work provided by PROFESSIONAL shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to
PROFESSIONAL shall not exceed the total contract price without express written
modification of the Agreement signed by the City Manager or her designee.
b. The PROFESSIONAL may submit invoices to the City once per month during the progress
of the work for partial payment for projects completed to date. Such invoices will be
reviewed by the City, and upon approval thereof, payment will be made to the
PROFESSIONAL in the amount approved.
c. Final payment of any balance due the PROFESSIONAL of the total contract price earned
will be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
d. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
{00236315 1 306-9001821} Page 1 of 10
e. The PROFESSIONAL'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 after the termination of the Agreement. Copies shall be made available upon
request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the PROFESSIONAL in connection with the services rendered
under this Agreement shall be the property of the City whether the project for which they are
made is executed or not. The PROFESSIONAL shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with PROFESSIONAL'S endeavors.
7. COMPLIANCE WITH LAWS. PROFESSIONAL shall, in performing the services
contemplated by this 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
agreement.
8. INDEMNIFICATION. PROFESSIONAL shall indemnify, defend and hold harmless the City,
its officers, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof, including fees and costs, arising from injury or death to persons, including
injuries, sickness, disease or death to PROFESSIONAL'S own employees, or damage to
property, wherein said claim, loss or liability arises out of the negligent act, omission or failure
of the PROFESSIONAL.
9. INSURANCE. The PROFESSIONAL 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 $2,000,000 aggregate with defense costs in addition
to limits; workers' compensation insurance, and vehicular liability insurance.
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 agreement.
Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with
the limits of liability provided by such policy for each claim and on a claim made basis or on
an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with
a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim
not to exceed ten percent(10%) of the limit of liability. Consultant shall notify the City in writing
within thirty (30) days of any claim filed or made against its Professional Liability Insurance
Policy. Consultant acknowledges that the City is relying on the competence of the Consultant
to design the project to meet its functional intent. If it is determined during construction of the
project that changes must be made due to Consultant's negligent errors and omissions,
Consultant shall promptly rectify them at no cost to City and shall be responsible for additional
costs, if any, of the project to the proportional extent caused by such negligent errors or
omissions
10. INDEPENDENT CONTRACTOR. The PROFESSIONAL and the City agree that the
PROFESSIONAL is an independent contractor with respect to the services provided pursuant
to this agreement. Nothing in this agreement shall be considered to create the relationship of
employer and employee between the parties hereto. Neither PROFESSIONAL nor any
{00236315.1 306-9001821) Page 2 of 10
employee of PROFESSIONAL shall be entitled to any benefits accorded City employees by
virtue of the services provided under this agreement. 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 PROFESSIONAL, or any employee of PROFESSIONAL.
11. COVENANT AGAINST CONTINGENT FEES. The PROFESSIONAL warrants that it has not
employed or retained any company or person, other than a bona fide employee working solely
for the PROFESSIONAL, to solicit or secure this contract, and that he has not paid or agreed
to pay any company or person, other than a bona fide employee working solely for the
PROFESSIONAL, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion, to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The PROFESSIONAL, 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.
13. ASSIGNMENT. The PROFESSIONAL shall not subcontract or assign any of the services
covered by this Agreement without the express written consent of the City.
14. 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.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the PROFESSIONAL. In the event of such termination, City
shall pay to PROFESSIONAL any outstanding fees due under this Agreement. Such
payment shall be pursuant to the "PAYMENT" section of this Agreement, above.
b. In the event of the death of a member, partner or officer of the PROFESSIONAL, or any
of its supervisory personnel assigned to the project, the surviving members of the
PROFESSIONAL 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 PROFESSIONAL and the City, if the City
so chooses.
• 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Agreement, which cannot be resolved through negotiations, shall be submitted to a court
of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed
under Florida Law.
{00236315.1 306-9001821} Page 3 of 10
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to PROFESSIONAL shall be sent to the following address:
GEHRING GROUP, INC.
4200 NORTHCORP PARKWAY, SUITE 185
PALM BEACH GARDENS, FL 33410
ATTN: KURT N. GEHRING, CEO
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the PROFESSIONAL
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
PROFESSIONAL.
19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are
exempt from public records disclosure until thirty (30) days after the opening of the Bid unless
the City announces intent to award sooner, in accordance with Florida Statutes 119.07.
The City is a public agency subject to Chapter 119, Florida Statutes. The PROFESSIONAL
shall comply with Florida's Public Records Law. Specifically, the PROFESSIONAL shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and, following completion of the contract,
PROFESSIONAL shall destroy all copies of such confidential and exempt records
remaining in its possession once the PROFESSIONAL transfers the records in its
possession to the CITY; and
D. Upon completion of the contract, PROFESSIONAL shall transfer to the CITY, at no cost
to the CITY, all public records in PROFESSIONAL'S possession All records stored
electronically by actor must be provided to the CITY, upon request from the CITY's
custodian of public records, in a format that is compatible with the information
technology systems of the CITY.
{00236315.1 306-9001821) Page 4 of 10
E. IF THE PROFESSIONAL HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
PROFESSIONAL'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
JUDY PYLE, CITY CLERK
100 E BOYNTON BEACH BLVD.
BOYNTON BEACH, FLORIDA, 33435
561-742-6061
PYLEJ@BBFL.US
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
{00236315.1 306-9001621} Page 5 of 10
DATED this 9`A day of ,Gc `-7 , 20
CITY OF BOYNTON BEACH
(-7110 .A...... ,d.4.4V51_,........,--1—..Z 44141
Lori LaVerriere, City Manager for tie GE RING-rir;I' C.
Attest/Authenticated: (/£10 ``�,.�►►„"'�j rG''H-",�"-
Title �a� .i%OR 90---
L------2:1-1--
,r �xi S
�� EAL
��r
4� _(Cprp eal)
Judy Ie, ty CI k = , . ...
Approved as toop Attest/Authenticated:
4
James A. Cherof, I ttorney Secretary
{00236315 1 306-9001821} Page 6 of 10
EXHIBIT A
SCOPE OF SERVICES
1. SCOPE OF SERVICES TO BE PERFORMED
A. PROFESSIONAL SERVICES
1. The Consultant shall collaborate with the Human Resources and Risk
Management staff to identify the City's needs and objectives in providing an
innovative, comprehensive and affordable benefits program.
2. The Consultant shall provide a self-service, Internet-based automated solution for
the transmittal of benefit information to multiple carriers and administrative access
for designated City Human Resources' personnel.
3. Collect and maintain management information regarding group plans necessary to
facilitate decisions regarding employee group health benefits and services.
4. Conduct annual benefit surveys for comparing City benefits with other agencies
and companies and provide comparison of results as required.
5. Conduct detailed review, analysis, and projection sessions with decision makers
at key points throughout the year and at a minimum: mid-year and pre-renewal or
fourth quarter if no renewal is contemplated.
6. Provide assistance and support as necessary to assist in the administration of the
City's Employee Health and Wellness Center(on-site medical clinic).
7. Provide personal assistance to employees who require assistance with claims
resolution matters.
8. If requested by the City, prepare an analysis and recommendation regarding the
cost savings and liability of self-insurance with stop-loss.
9. Assist in the design and implementation of aggressive wellness and disease
management initiatives.
10. 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 and Risk Management 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.
11. When requested, provide on-site administrative support in carrying out services.
{00236315.1 306-9001821} Page 7 of 10
12. Conduct contract renewal negotiations with vendors in collaboration with the
Director of Human Resources and Risk Management. Provide
review/analysis/projections sessions to include:
12.1 Review annual contribution strategy from active participants and retirees
12.2 Projected renewal costs
12.3 Projected loss ratios
12.4 Enrollment analysis and comparisons
12.5 Claims analysis and comparisons
12.6 High cost claim summary
12.7 Network utilization and cost avoidance reports
13. Service to include conducting on-site new hire benefit information presentations at
New Hire Quarterly Orientation as requested by Human Resources and Risk
Management. Explain each benefit option and answer questions.
14. As requested by Human Resources and Risk Management staff, conduct on-site
meetings with employees and/or dependents on a voluntary basis for individual
claim resolution and benefits counseling.
15. Assist with annual employee open enrollment meetings for the purpose of
supporting and improving service delivery to employees.
16. Assist with annual Employee Health and Wellness Fair for the purpose of
supporting and improving service delivery to employees.
17. Provide ongoing service and information to the City and employees to assure
prompt and efficient claims payments.
18. Prepare marketing and education communications and materials regarding
employee group benefits for the employees and their families.
19. 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.
20. Assist City plan administrator and designated staff in maintaining the plan in the
most time efficient manner through continued monitoring and analysis.
21. Assist the City in union contract negotiations as they pertain to the benefit plans.
22. Attend and/or conduct City Wellness Committee meetings with employees and
management.
23. Conduct review sessions and renewal negotiations based on experience periods.
24. As requested by Human Resources and Risk Management staff, have discussions
with City employees, City Management, and/or Union Representatives.
{00236315 1 306-9001821} Page 8 of 10
25. Mid-year review/analysis/projection.
26. Fourth quarter or pre-renewal review/analysis/projection
27. Negotiates renewal options to present to City of Boynton Beach
28. Personally attend any meetings requested by the City of Boynton Beach.
29. The City of Boynton Beach reserves the right to meet with any and all providers.
30. Perform other related services on an "as needed" basis
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
{00236315.1 306-9001821} Page 9 of 10
EXHIBIT B
FEES AND PAYMENTS
RST FOR PROPOSAL
FOR
EMPLOYEE EENEFlTS CONSULTING SERVICES
RFP No.: 0124410-i WIT
PEE PROPOSAL FORM
Proposers should use this brae far eubmg Its Fee Proposii. The following pricirc is ubrrilited
as NS irk+ b provide humid advisory services in acoordave with the rewirementa identified
h tNs Scope of Wank and as get forth in this RFP domande.
The Propoeees mouthy flee for benefit consulting services shal reman Srtr for the term of the
City,Aweement. The option for nmewal sled be diertied agreement
e nd by written egre�emerd withal original terms end upon sabered to ens.
IT Q" UTPTMO UNIT PRICE .�TOTAL "
MEASURE PRICE
�fee for Consultbg
1, 12 MONTHS ‘6.850 .79 oo
tWM l9Yt�/57
TOTAL ANNUAL FEE. $794°3°
Gehring Group,Inc. asir :14
`
�.-pc
COMPANY NAME �� � arm' ! �TU-.
81 )8264797 Kul N.Gehring
TELEPHONE NO. PRIME')NAW
dndy.thompeontagetu* grcup.corn CEO and President
&NAIL ADORESTITLE
Apill 11,2818
tare MAGI TO U SIDI MID PDX PitOPOSAI Tose emanate 26
COMMIS AND ACCEPT/DM
FTP No.0124914-1SAT
{00236315.1 306-9001821} Page 10 of 10