AGENT OF RECORD AGREEMENT
AGENT OF RECORD AGREEMENT
This AGREEMENT made this 1 st day of May 2001, by and between the City of
Clearwater, Florida (City), a Florida municipal corporation, P. O. Box 4748, Clearwater,
Florida 33758-4748, and the Gehring Group (AOR), a Florida corporation, 1645 Palm Beach
Lakes Boulevard, Suite 480, West Palm Beach, Florida 33401.
WHEREAS, City desires to have AOR provide agent of record services for employee
benefits as described in Exhibit "A," attached hereto.
WHEREAS, AOR agrees to provide the agent of record services described in Exhibit
"A," under the terms and conditions of this Agreement;
NOW THEREFORE, the City and AOR do hereby incorporate all terms and
conditions in Exhibit "A" and mutually agree as follows:
1. SCOPE OF PROJECT. AOR agrees to provide agent of record
administration services under the terms and conditions described in Exhibit "A".
2. TIME OF PERFORMANCE. This contract commences on May 1, 2001, and
will be effective until September 30, 2002. This contract will be renewable at the City's
discretion for two-year periods after the initial contract expires.
3. REPORTS. AOR agrees to provide to City reports on the Project upon
request by the City.
4. COMPENSATION. All compensation to the AOR will be provided by the
service provider by separate agreement between same provider and AOR. There will be no
cost to the City and City will not be billed for any services outlined in the Exhibit "A". The
Gehring Group will provide a report on the commissions received on a quarterly basis or as
requested by the City. The City may, from time to time, require changes in the scope of the
project of AOR to be performed hereunder. Such changes, including any increase or
decrease in the amount of AOR's compensation and changes in the terms of this Agreement
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which are mutually agreed upon by and between City and AOR shall be effective when
incorporated in written amendment to this Agreement.
5. METHOD OF PAYMENT. AOR shall receive compensation directly from
the benefits products for which it receives commissions.
6. CONTACTS FOR RESPONSIBILITY. Kurt Gehring will be designated
as Project Director for this project by AOR to manage and supervise the performance of this
Agreement on behalf of AOR. City can terminate if Kurt Gehring is no longer Project
Director for AOR. Associated with the Project Director will be staff members whose
experience and qualifications are appropriate for this Project. The City will be represented
by Paul O'Rourke, or his designee for all matters relating to this Agreement.
7. TERMINATION OF CONTRACT. The City, at its sole discretion, may
terminate this contract by giving AOR ten (10) days' written notice of its election to do so and
by specifying the effective date of such termination. The AOR shall be paid for its services
through the effective date of such termination. Further, if AOR shall fail to fulfill any of its
obligations hereunder, this contract shall be in default, the City may terminate the contract,
and AOR shall be paid only for work completed.
8. NON-DISCRIMINATION. There shall be no discrimination against any
employee who is employed in the work covered by Agreement, or against applicants for such
employment, because of race, religion, color, sex, or national origin. This provision shall
include, but not be limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rate of payor other forms of
compensation; and selection for training, including apprenticeship.
9. INTERESTS OF PARTIES. AOR covenants that its officers, employees and
shareholders have no interest and shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of services required to be
performed under this Agreement.
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10. INDEMNIFICATION AND INSURANCE. AOR agrees to protect, defend,
indemnify and hold the City and its officers, employees and agents free and harmless from and
against any and all losses, penalties, damages, settlements, costs, charges, professional fees
or other expenses or liabilities of every kind and character arising out of or due to any negligent
act or omission of AOR or its employees in connection with or arising directly or indirectly out of
this Agreement and/or the performance hereof. Without limiting its liability under this
Agreement, AOR shall procure and maintain during the life of this Agreement professional
liability insurance. This provision shall survive the termination of this Agreement.
11. PROPRIETARY MATERIALS. Upon termination of this Agreement, AOR shall
transfer, assign and make available to City or its representatives all property and materials in
AOR's possession belonging to or paid by the City.
12. ATTORNEY'S FEES. In the event that either party seeks to enforce this
Agreement through an attorney, then the parties agree that each party shall bear its own
attorney fees and costs, and that jurisdiction for such an action shall be in a court of competent
jurisdiction in Pinellas County, Florida.
13. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
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IN WITNESS WHEREOF, the City and AOR, have executed this Agreement on the
date first above written.
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Brian J. Atf)s ~
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By: ~ ""',i ~~..AI> -
c-~~ Horne
Interim City Manager
Countersigned:
Approved as to form:
Attest:
e C. Hayman
ssistant City Attorney
~~, ad ~ (!&AL
Uv Cynt a . GO.Ud.eao .- . . . .
O. City Clerk-..............
By:
Print Name:
Its: President CEO
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Exhibit A
Scope of Services
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As outlined by the City of Clearwater in the Request for Qualifications, #50-01,
the following list outlines the Scope of Services requested and agreed to by
the Gehring Group:
1. Represent the City with best efforts regarding its employee benefits and when
dealing with service providers. Obtain specific reports and information from
service providers in a timely manner on an as-needed basis. Remain fully
knowledgeable and up-to-date in order to interpret benefit policy and provide
expert information regarding benefits issues.
2. Attend regular Benefits Committee meetings or other scheduled sessions as
required by City.
3. Provide periodic training sessions to educate City staff regarding benefits options
and considerations for decision-making.
4. Serve as a resource to the City's Human Resources staff as needed on a wide
variety of issues, including but not limited to:
. Negotiating renewals for medical, EAP, basic life, SAMP (Supervisory,
Administrative, Management, and Professional employees) life, L TO,
voluntary dental, AD&D, cancer/intensive care/accident, etc.
. Reviewing insurance contracts for conformity with the City's requirements.
. Bidding all products on an "as required" basis.
. Timely receipt and review of medical plan management reports.
. Development of open enrollment communication materials, including
employee benefits booklet.
. Evaluation of medical self-insurance as an option.
. Provide on ongoing basis medical trends affecting the City's medical plan.
. Oversee the plan documents and summary plan descriptions.
. Develop, conduct, and summarize employee satisfaction and/or needs
surveys.
. Develop special plan design options as needed (Le., three tiered medical
options, flex benefit plans, etc.).
. Provide input and guidance regarding the City's Employee Pension Plan and
other retirement options.
. Make recommendations to City staff and develop and present materials to the
City Commission.
. Coordinate and present at Open Enrollment meetings.
. Resolve employee claims issues and expedite resolution of
contractual/coverage/billing disputes.
. Create employee communications materials.
5. Assist the City with legislative compliance issues, including but not limited to:
. COBRA
. Section 125 Cafeteria Plan
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. FMLA
. Federal mandated benefits, such as HIPAA
. State mandated benefits
6. Develop, conduct, and summarize benefits surveys of public and private
employers, focusing on benefits, contribution practices, funding, premium
structures, etc., and comparisons to the City of Clearwater's package. Develop,
conduct, and summarize surveys for other purposes, such as disruption reports.
Conduct market analysis and industry trend reports. Provide legislative updates.
7. Develop RFPs for:
. Medical
. EAP
. Group Term Life, statutory AD&D and/or Voluntary Dental
. Short Term and/or Long Term Disability Plans
. Other benefits, as needed
This service would include the ability to complete an RFP in a timely manner for
medical coverage which would go into effect on January 1, 2002.
8. Conduct Feasibility Studies, such as Advantages of Pooled Purchasing of
Medical Insurance
9. The selected Proposer shall have the staff that possesses talent and expertise in
the following fields: '
. Project management
· Developing Requests for Proposals
. Senior level administration
. Group insurance underwriting
. Actuarial science
. Claims auditing
. Statistical analysis
. Plan design
. Cost containment
. Federal and State laws regarding employee benefits
. Communications materials
. System design and programming
The Gehring Group further clarified their Scope of Services for the City of Clearwater
in their response to the RFQ. follows:
As outlined in the Scope of Services in the RFQ (see above), the Gehring Group is
committed to representing the City with best efforts regarding its employee benefits and
when dealing with service providers. We strongly believe in obtaining specific benefit related
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reports and information from service providers in a timely manner in order to properly
manage the benefits program. It is also a Gehring Group priority to remain fully
knowledgeable and up to date on changes in the law and policy language in order to
interpret benefit policy and provide expert information regarding benefits issues.
As Agent of Record, the Gehring Group would be involved in any Benefits Committee or
other committee meetings as requested by the City. Due to the fact that many committees
are comprised of members of the general employee population and other staff members, it is
important for the City's Agent of Record to give presentations to the committee in a manner
that is easily understood. We take pride in our ability to help employees relate to the
complicated terminology that exists within the insurance industry.
Customarily, the Gehring Group also meets with the City staff on a regular basis regarding
the everyday aspects of managing its benefits program. We monitor claims reports and plan
benefits and, if necessary, discuss and evaluate other benefit options and considerations
that may be beneficial to the City.
The Gehring Group will serve as a resource to the City's HR staff as needed on a wide
variety of issues including but not limited to those services outlined in item number (4) of
Appendix A of RFQ # 50-01 (see above). Our traditional list of services includes but is not
limited to the following:
. Generating the Request for Quote (RFQ)
. Evaluating plan designs
. Negotiating with carriers
. Presenting to insurance committees and/or union representatives
. Performing market analyses
. Producing in-depth evaluation booklets for council/commission
. Making recommendations to City Staff
. Presentations to council/commission
. Implementing programs
. Coordinating and presenting in all enrollment meetings
. Meeting with City Staff regularly to monitor claims utilization and overall program
efficiency
. Expediting the resolution of contractual/coverage/billing disputes
. Evaluating monthly experience data
. Conducting employee enrollment meetings
. Translating benefit offerings at new employee orientations
. On-site employee benefit training
. Resolving employee claim issues
. Development of employee benefits booklet
. Generating employee communication pieces
. Sponsoring health fairs and wellness seminars
. Producing a variety of surveys including physician selection, employee satisfaction,
and industry trends
. Provide legislative updates
. Production of benefit materials in Spanish upon request
. Bilingual enrollers, claims representatives, and service personnel
. Remain fully knowledgeable in order to interpret the health care benefit policy
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In addition to the services outlined in item number (4) of Appendix A of RFQ # 50-01 and
those listed above, the Gehring Group will also be available to assist the City with legislative
compliance issues, including but not limited to COBRA, Section 125 Cafeteria Plan, FMLA,
federal and state mandated benefits, etc. As previously stated, it is a priority to remain
knowledgeable on law and policy changes.
As stated in the RFQ, the City requests an agent who will "develop, conduct and summarize
benefits surveys of public and private employers, focusing on benefits, contribution
practices, funding, premium structures, etc., and comparisons to the City of Clearwater's
package." Attachment 4 (in the RFQ response) is a specific example of one such survey
conducted by the Gehring Group. During a recent presentation at the annual Florida
Government Finance Officer's Association (FGFOA), Kurt Gehring's presentation included
the results of a survey of public employers throughout the State of Florida and their benefit
programs. The results of this survey are included in the presentation handout labeled
"Health Care Crisis". Other such surveys include employee satisfaction surveys.
In addition to conducting surveys, the Gehring Group is also able to offer expert knowledge
on such concepts as Pooled Purchasing of Medical Insurance and the benefits and setbacks
of insurance pools and consortiums. Studies and analyses of such issues of interest to the
City can be discussed.
In summary, the staff of Gehring Group possesses the experience, knowledge and expertise
to provide a higher level of service to the City relating to its employee benefits program. Our
philosophy is one of superior service and we pride ourselves in these high standards.
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