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HomeMy WebLinkAboutAgreement_General_4/11/2024_The Gehring Group Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org A� To: Jeremy Allen, Village Manager From: Merlene Reid, Director, HR & Risk Management Date: March 28, 2024 Subject: Gehring Group's contract Extension as the Village's Agent of Record The current Agent of Record agreement with the Gehring Group expired on March 11, 2024 and the HR department is recommending an additional 3-year extension of their agreement to March 31, 2027 at the standard market percentage broker rates. The Gehring Group was first selected in 2009 (Appendix 1), with subsequent 3-year extensions approved, based on the exceptional service provided. The Gehring Group uniquely maintains a sizeable client base of municipalities and agencies, with 100% of government clients on the Property & Casualty (P&C) side and approximately 95% on the Benefits side. This emphasis on government customers makes them more responsive to the Village's needs. Because of our small size, the Village also benefits greatly from the add-on services offered. Specifically, in addition to their main role of negotiating with our carriers, they have: 1. Provided regular training alongside their annual Public Sector Summit, covering numerous important topics at no cost to the Village. These courses have the added value of providing needed CEUs for the HR staff. 2. Helped the Village navigate major challenges, to include The Affordable Care Act and its ongoing updates, the pandemic, the Firefighter cancer coverage, and more recently, the numerous State Bills addressing WC and Cyber Security. 3. Provided outstanding assistance with the analysis of the Village's health insurance benefits and P&C, while continuing to lend personalized attention to employee claims disputes with our insurance carriers. Without the assistance of the Gehring Group and their 100+ knowledgeable and supportive employees, the Village's HR & Risk Management department with its 2.5 staff count, would find it a daunting task to provide and maintain the level of service expected of the department. A 3-year extension is highly recommended. VILLAGE OF TEQUESTA BROKER OF RECORD AGREEMENT This Agreement entered into this j,�_ day of March 2009, effective May 1, 2009, by and between The Gehring Group, Inc., a Florida corporation, with offices located at 11505 Fairchild Gardens Ave., Palm Beach Gardens, Florida 33410, hereinafter referred to as the "GEHRING GROUP" and the VILLAGE OF TEQUESTA, a municipal corporation, with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as the "VILLAGE." WITNESSETH The VILLAGE and the GEHRING GROUP, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, hereby agree as follows: 1. SCOPE OF SERVICES: The VILLAGE and the GEHRING GROUP both hereby agree to enter into this Agreement whereby the GEHRING GROUP will provide the VILLAGE with consulting and advisory services relative to its employee benefits programs in accordance with the Scope of Services attached hereto as Exhibit "A". 2. INDEPENDENT CONTRACTOR: The GEHRING GROUP will perform required services on an independent contractor basis and shall be solely responsible for securing at its own expense, all necessary personnel, equipment and materials required to perform the services under this Agreement. Such personnel shall not be considered employees of or have any contractual relationship with the VILLAGE. The GEHRING GROUP shall be responsible for all of its employees' payroll taxes to include, but not be limited to Federal Income Withholding Tax, Worker's Compensation, FICA, and Federal and State Unemployment taxes. The GEHRING GROUP is responsible for proper certification and licensure of all its officers and employees and for the provision of benefits, insurance, etc. for its officers and employees. All of the services required hereunder shall be performed by the GEHRING GROUP or under its supervision, and all personnel engaged in performing the services shall be fully qualified to perform such services and shall be licensed to perform such services if required, authorized or permitted under state or local law. The GEHRING GROUP agrees that it is fully responsible to the VILLAGE for the acts and/or omissions of subcontractors and of persons either directly or indirectly employed by the GEHRING GROUP. All of the GEHRING GROUP'S personnel (and all subcontractors) 1 while on the VILLAGE'S property will comply with all the VILLAGE'S requirements governing conduct, safety and security. 3. COMMENCEMENT DATE; TERM; RENEWAL; TERMINATION: The GEHRING GROUP will begin providing the agreed upon services to the VILLAGE commencing May 1, 2009. This Agreement shall be for a term of three (3) years and may be renewed for additional one (1) year periods at the option of the VILLAGE. This Agreement may be terminated by either party by providing 60 days written notice to the other party. The 60 day notice requirement may be waived by mutual consent of the parties which shall be reduced to writing and executed as an addendum to this Agreement. 4. COMPENSATION: The GEHRING GROUP will be compensated for the consulting and advisory services it performs for the VILLAGE in accordance with the Scope of Services attached hereto as Exhibit A by payment of commissions received from the various carriers who contract with the VILLAGE to provide coverage for VILLAGE employees. If, upon the request of the VILLAGE, the GEHRING GROUP agrees to perform additional services for the VILLAGE which are not contemplated by the Scope of Services attached hereto as Exhibit A, the GEHRING GROUP will be compensated for such additional services in an amount and rate which is mutually agreeable to the parties. Any such agreement for additional compensation shall be reduced to writing and executed as an addendum to this Agreement. 5. COMPLIANCE WITH LAWS: The GEHRING GROUP hereby represents that it has complied and shall continue to comply with all applicable Federal and State statutes and local ordinances. Further, the GEHRING GROUP shall be solely responsible for obtaining and complying with all necessary permits, approvals and authorizations required for the services provided hereinabove under Scope of Services to be performed pursuant to the terms of this Agreement from any federal, state, regional, county or VILLAGE agency. In addition, as provided in Sec. 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the GEHRING GROUP certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof. This notice is required by Sec. 287.133(3)(a), Florida Statutes. 6. INDEMNIFICATION: The GEHRING GROUP shall indemnify, defend, and save harmless the VILLAGE, its elected officials, agents, guests, invitees and employees, from 2 all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and description to which the VILLAGE, its agents, guests, invitees, or employees may be subjected by reason of personal injury, bodily injury including death, or property damage, resulting from or growing out of any intentional, negligent, reckless, or careless act of commission, omission, or consequential damage directly or indirectly connected with the GEHRING GROUP, its subcontractors, its agents, or employees, and committed in connection with the performance of the work and services contemplated by this Agreement. 7. JURISDICTIONNENUE: This Agreement shall be governed by the laws of the State of Florida. Venue for the redress of any dispute arising out of this Agreement shall be in Palm Beach County, Florida. 8. ATTORNEYS FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded reasonable attorneys' fees, including fees on appeal. 9. NOTICE: Notice as may be required in this Agreement shall be sufficient when sent by certified mail or hand delivered to the Parties at the following addresses: VILLAGE GEHRING GROUP Village of Tequesta The Gehring Group, Inc. 345 Tequesta Drive 11505 Fairchild Gardens Ave. Tequesta, Florida 33469 Palm Beach Gardens, Florida 33410 ATTN: Michael Couzzo ATTN: Kurt Gehring 10. NON ASSIGNMENT: The CONTRACTOR shall not transfer or assign its duties, obligations or rights as contained in the Agreement without prior written consent of the VILLAGE. 11. ENTIRE AGREEMENT: This four (4) page Agreement, plus Exhibit A attached hereto constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. 3 WITNESSES: THE GEHRING GROUP, INC. A/a. 11 vo / O'1'1l Kurt Gehring, Pre si ent (CORPORATE SEAL) ATTEST: VILLAGE OF TEQUESTA Lori McWilliams, CMC Pat Wet Village Clerk TFQ''% �OF1P�A.1 Gc<`N: SE APPROVED AS TO FORM AND LEGAL %�9T '�.4, SNIP SUFFICIENCY '''� OF 111110• 15�&44 Trela hite, Es Village Attorney Y:\docs\Tequesta\Agreements\Agreement Gehring Group 2009.doc 4 EXHIBIT A SCOPE OF SERVICES TO BE PROVIDED BY GEHRING GROUP A. Conduct detailed review, analysis and projection sessions with decision makers at key points throughout the year: mid-year, fourth quarter, and pre-renewal. B. Negotiate renewal rates, benefits, and services with group insurance carriers to maximize value for the VILLAGE. C. Attend and/or conduct group insurance committee meetings with employees and management. Conduct review sessions and renewal negotiations based on experience periods. D. Include in the process: a. Planning/discussion with Human Resources b. Discussions with employees c. Discussions with VILLAGE Management Leadership Team d. Mid-year review/analysis/projection e. Fourth quarter review/analysis/projection f. Present original renewal offer from current carrier g. Negotiate renewal options/present to VILLAGE h. Conduct formal RFQ process, if directed i. Assist in analysis of Proposals j. Renegotiate with carrier, if directed k. Present information to VILLAGE Council, if directed 1. Coordinate contract processing E. Provide review/analysis/projection sessions to include: a. Projected renewal costs b. Enrollment analysis and comparisons c. Claims analysis and comparisons d. High cost claim summary e. Network utilization and cost avoidance reports F. Support the VILLAGE administrative staff by resolving important enrollment and billing problems. G. Serve the VILLAGE's employees by resolving individual benefit delivery issues including special problems with providers and claims. H. Provide feedback to the VILLAGE's administrative staff on the results of work on behalf of individual employees. 5 I. Update VILLAGE on changes in applicable laws and how they affect VILLAGE benefits. J. Conduct benefits surveys, if directed, for comparing VILLAGE benefits with other agencies and companies. K. Conduct periodic on-site meetings with employees and/or dependants on a voluntary basis for individual claim resolution and benefits counseling. L. Assist with annual employee open enrollment meeting for the purpose of supporting and improving service to employees. M. Provide Experience Utilization Reports to VILLAGE (at least quarterly). N. Provide detailed quarterly reports analyzing plan revenues, claims, and administrative expenses in a format that is easy to understand and helpful in decision-making. O. Be available for questions, explanations, discussions, and respond to requests from Human Resources within the time frame requested. P. Provide guidance and assistance with COBRA compliance and administration. Q. Provide administration (or pay for administration services) for COBRA voluntary benefits, Leave of Absence voluntary benefits, and Retiree voluntary benefits. R. Additional Services: Continuous Plan Analysis Consistent Client Contact Development of Requests for Proposals/Quotes Plan & Proposal Evaluation Plan Renewals & Effective Negotiations Program Implementation Ongoing Service On-site Service Employee Surveys Displacement Analysis Employee Benefits Handbook In-House Graphics Department—Professional Employee Communications Legislative Compliance & Updates Produce Formal Proposals /Make Presentations 6 PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement/bid documents and specifications] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." E-Verify Affidavit Bid/Proposal Number: Project Description: In accordance with Section 448.095, F.S., Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility o£ 1. All persons employed by the Contractor to perform employment duties within Florida during the term of the contract; and 2. All persons (including SUBCONTRACTORS) assigned by the Contractor to perform work pursuant to the contract. The Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the Village of Tequesta. Contractor further agrees to retain sufficient evidence of their enrollment in the E-Verify System and provide such evidence to the Village of Tequesta upon request. Sufficient evidence shall consist of a printed copy of the completed E-Verify Company Profile page, obtained from https://www.e- verify. og_v. Contractor also agrees to obtain from each of its subcontractors/subconsultants an affidavit stating that the subcontractor/subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in Section 448.095(l)(k), F.S. Contractor further agrees to maintain a copy of any such affidavit from a subcontractor/subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. By affixing your signature below, you hereby affirm that you will comply with all E-Verify requirements. Company name Federal Employer Identification No. Signature Date Print Name Title STATE OF FLORIDA PALM BEACH COUNTY Sworn and subscribed before me by means of❑physical presence or ❑online notarization on this day of ,20 by ,who is personally known to me or has produced as identification and who did/did not take an oath, in the state and county first mentioned above. Notary Public (affix seal) My Commission Expires: Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org r April 11 , 2024 Kurt Gehring President The Gehring Group, Inc 3500 Kyoto Gardens Drive Palm Beach Gardens, Florida 33410 Re: 3 Year Extension — Broker of Record Agreement Dear Kurt: This is to inform you that at its regular Council meeting on April 11, 2024, the Village Council voted to extend our original Agreement of March 12, 2009 for another 3 years, to March 11 , 2027, under the same terms and conditions. We appreciate the outstanding work that you have been doing for the Village and look forward to the next 3 years. Yours truly, Jeremy Allen Village Manager If the terms and conditions of the March 12, 2009 Agreement remain acceptable to you, please sign below and return a copy of this letter for our records. The Gehring Group, Inc Kurt Gehring President