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HomeMy WebLinkAbout1995-09-12; City Council; 13300; RENEWING CONSULTANT CONTRACT FOR THE HUMAN RESOURCES DEPARTMENTd -. 2 I- o a 0 6 z 2 0 o x AB # /3,340 TITLE: DEP MTG. 9-12-95 RENEWING CONSULTANT CONTRACT FOR THE CIT! CIT! DEPT. HR HUMAN RESOURCES DEPARTMENT RECOMMENDED ACTION: CIT~F CARLSBAD - AGEN~ BILL ex- City Council adopt Resolution No. YSJS- re new i n g t h is cons u Ita n t con tract. ITEM EXPLANATION: The Human Resources Department requires the professional expertise of Towers Perrin, an employee benefits consulting firm which has the requisite knowledge and skills to advise the City on its group benefits programs. This contract renewal is necessary to ensure that a current contract is in place with Towers Perrin. Towers Perrin has been the exclusive benefits consultant firm for the Ci of Carlsbad since 1987. As such, Towers Perrin consultants advise the City on such matters as health insurance funding, plan design, cost containment strategies, flexible benefits, benefit rate negotiations, and other issues related to the City’s health and welfare benefit plans. With the exception of a slight increase in contractor fees, no significant changes to this contract have been made since it was last renewed four years ago. This agreement is ongoing and may be modified by mutual agreement of the parties. (30) days written notice. FISCAL IMPACT: The action will have no specific fiscal impact. The City has been conducting business with this firm for a number of years. these services of $70,000 have been included in the departmental operating budget for fiscal year 1995-96. EXHIBITS: This contract shall be terminable by either party upon thirt: The funds for Resolution No. %-sq 7 1 2 3 4 5 6 7 a 9 lo 11 12 13 l4 15 16 17 18 0 0 RESOLUTION NO. 95-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR HUMAN RESOURCFS CONSULTING SERVICFS. WHEREAS, the City Council has determined that it is desirable and necessary to retain professional group benefits consulting services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitation is true and correct. 2. That the City Council approves the attached agreement (Attachment A) authorizing the retention of Towers Perrin as an employee benefits consul tan t. I// I// lg'lll 201 21 22 23 24 25 26 27 28 /I/ JJJ /I/ //I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0 0 3. That funds are available in the Human Resources Department budget for fiscal year 1995-96. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the of SEPTEMBER , 1995, by the following Vote, to Wit: 12th day AYES: NOES: None ABSENT: None Council Members Lewis, Nygaard, Kulchin, Finnila, Hall ATTEST: ! 20 21 22 23 24 25 26 27 28 / ALETHA L. RAUTE (SEAL) - - - - - - - - - - - - - - - 0 0 AGREEMENT THIS AGREEMENT, made and entered into as of the first day of J 1995, by and between the CITY OF CARLSBAD, a municipal corpora hereinafter referred to as 'City", and Towers Perrin, hereinafter refe to as "Contractor." RECITALS City requires the services of Contractor to provide the necessary professional services for the review of the City's group benefits prog and Contractor possesses the necessary skills and qualification provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the m covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS a. Contractor will examine the specific elements of the 1 group benefits program, including: - Funding (i.e., funding of reserves, etc.) - Plan design - Cos t-co n tai n men t in it iatives - Eligibility provisions rev. I- 0 0 - Flexible benefits - Claims administration - HMO/prepaid plan strategy - Retiree cove rag e - Wellness - Employ e e communications b. C o n t racto rs’ respo n sib i I i ties w i I I i ncl ude the f o I low i accomplish men ts: - Meet with City Human Resources staff and bargain unit representatives to review overall philosophy funding, plan design, employee(er) contributio employee relations, etc. - Gather necessary data from the City and insurar carriers. - Eva1 u ate cu r re n t arrangements. - Develop alternative funding and design options. - Prepare recommendations. c. Contractors will address the following specific issues: - Should the City continue its current minimum prem arrangement with present insurance? rev.61 ,- 2, 0 0 - What alternative funding arrangements are available a how do their costs compare with /your curre arrangement? - Should the funding method include some type of r transfer, such as specific and aggregate stop-loss? - What type of plan changes would be appropriate in vi of your employee relations environment? - What plan design incentives would encourage employ( to use your program more cost-effectively? - Should the deductible and coinsurance features mod if ied? - Should eligibility provisions be modified? - What level of employee contribution is appropriate? - What analytical data on plan utilization will be avail, to assist you in establishing cost-containrr priorities? - Is your current Preferred Provider Organization (P currently providing effective discounts? - Are your current Long-Term Disability (LTD) and leave programs operating cost-effectively? 3 rev.6 0 0 - How will current legislation affect your employe benefit program? - Does a flexible spending account for flexible benefi make sense for the City? - How can employee communications be designed improve employee understanding and appreciation of yo plans to enhance cost-effectiveness as well? - Are the rates of the current voluntary life and Acciden Death and Dismemberment (AD&D) program competitivc 2. CITY OBLIGATIONS The City shall provide any documents that are necessary Contractor to complete their scope of work. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days a* receipt of notification to proceed by the City and be completed within days of that date. Extensions of time may be granted if requested by Contractor and agreed to in writing by the Human Resources Director. ' Human Resources Director will give allowance for documented substantiated unforeseeable and unavoidable delays not caused by a 4 rev.6/ 11 - 0 e of foresight on the part of the Contractor, or delays caused by Ci1 inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The amount to be paid by the City to Contractor for servicc rendered under the provisions of this agreement shall be in accordanc with the following: a. Contractor will be paid for its services rendered pursuant this agreement on an hourly basis at the hourly rates set foi below: Actuary (contractor) $250 Contractor $200 Contractor $1 60 Actuarial Specialist $1 25 Secretarial $85 Contractor will also be reimbursed for out-of-pocket expeni incurred in connection with performance of this agreement approved by the Human Resources Director. Payments will be made by the City upon monthly billings to submitted by contractor documenting hours spent on project and reimbursable costs. b. rev.61 , .- - 5 0 0 c. Contractor adjusts the hourly rate of its consultants and othe staff members on an annual basis. The hourly rates outline( above will be subject to change on July 1 of each year of th( agreement. Contractor may also require other Towers Perri contractors (other than those mentioned above) to perforr services for the City. Their hourly rates will be negotiate with the City before any work is started. d. Contractor shall submit monthly billings to the City. The City reserves the right to withhold a ten percent (10%) retentic until the project has been accepted by the City. Incremental payments, if applicable, should be made as outlined attached Exhibit "A." 5. DURATION OF CONTRACT This agreement shall extend for a period of one year from da thereof. The contract may be extended by the City Manager for thrc additional one (1) year periods or parts thereof, based upon a review satisfactory performance and the City's needs. The parties shall prepE extensions in writing indicating effective date and length of the extend con tract. rev. 6/ 1 6 .. . a a 6. PAYMENT OF FEES Payment of fees shall be upon delivery of services rendered. 7. FINAL SUBMISSIONS Within fifteen (15) days of completion and approval of the Hur Resources Director the Contractor shall deliver the required work to City. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by Contractor or the City, and informal consultations with the other F indicate that a change in the conditions of the contract is warranted, Contractor or the City may request a change in contract. Such cha shall be processed by the City in the following manner: A letter out1 the required changes shall be forwarded to the City by Contractc inform them of the proposed changes along with a statement of estin changes in charges or time schedule. A Standard Amendment to Agree shall be prepared by the City and approved by the City according tc procedures described in Carlsbad Municipal Code Section 3.28.1 72. Amendment to Agreement shall not render ineffective or inva unaffected portions of the agreement. 7 rev. .. ~ m 0 9. COVENANTS AGAlNST CONTINGENT FEES The Contractor warrants that their firm has not employed retained any company or person, other than a bona fide employee work for the Contractor, to solicit or secure this agreement, and t Contractor has not paid or agreed to pay any company or person, other ti a bona fide employee, any fee, commission, percentage, brokerage 1 gift, or any other consideration contingent upon, or resulting from, award or making of this agreement. For breach or violation of warranty, the City shall have the right to annul this agreement wit1 liability, or, in its discretion, to deduct from the agreement price consideration, or otherwise recover, the full amount of such commission, percentage, brokerage fees, gift, or contingent fee. 1 0. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Contractor's failure to prosecute, delive perform the work as provided for in this contract, the City may terrr this contract for nonperformance by notifying the Contractor by cei mail of the termination of the contractor. The Contractor, thereupon five (5) working days to deliver said documents owned by the City ar 8 rev.( 0 0 work in progress to the Human Resources Director. The Human Resour Director shall make a determination of fact based upon the docume delivered to City of the percentage of work which the Contractor t performed which is usable and of worth to the City in ‘having the conti completed. Manager shall determine the final payment of the contract. Based upon that finding as reported to the City Manager, This agreement may be terminated by either party upon tende thirty (30) days written notice to the other party. In the event of s suspension or termination, upon request of the City, the Contractor I assemble the work product and put same in order for proper filing closing and deliver said product to City. In the event of termination, Contractor shall be paid for work performed to the termination c however, the total shall not exceed the lump sum fee payable ui paragraph 4. The City shall make the final determination as to portions of tasks completed and the compensation to be made. 12. DISPUTES If a dispute should arise regarding the performance of work u this agreement, the following procedure shall be used to resolve question of fact or interpretation not otherwise settled by agree between parties. Such questions, if they become identified as a part dispute among persons operating under the provisions of this con 9 rov.€ 0 c shall be reduced to writing by the principal of the Contractor or the Hum Resources Director. A copy of such documented dispute shall be forward to both parties involved along with recommended methods of resolutic which would be of benefit to both parties. The Human Resources Direc or principal receiving the letter shall reply to the letter along with recommended method of resolution within ten (10) days. If the resoluti thus obtained is unsatisfactory to the aggrieved party, a letter outlin the dispute shall be forwarded to the City Council for their resolut through the Office of the City Manager. The City Council may then opt consider the directed solution to the problem. In such cases, the action the City Council shall be binding upon the parties involved, althoi nothing in this procedure shall prohibit the parties seeking remec available to them at law. 13. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein Contractor's own way as an independent contractor and in pursuit Contractor's independent calling, and not as an employee of the < Contractor shall be under control of the City only as to the result tc accomplished, but shall consult with the City as provided for in request for proposal. The persons used by the Contractor to pro 10 rev.61 ,. 0 e services under this agreement shall not be considered employees of t City for any purposes whatsoever. The Contractor is an independent contractor of the City. 1 payment made to the Contractor pursuant to the contract shall be the and complete compensation to which the Contractor is entitled. shall not make any federal or state tax withholdings on behalf of Contractor or hidher employees or subcontractors. The City shall not required to pay any workers' compensation insurance or unemployrr contributions on behalf of the Contractor or hislher employees subcontractors. The Contractor agrees to indemnify the City within days for any tax, retirement contribution, social security, overt payment, unemployment payment or workers' compensation payment wI the City may be required to make on behalf of the Contractor or employee or subcontractor of the Contractor for work done under agreement or such indemnification amount may be deducted by the from any balance owing to the Contractor. The ( The Contractor shall be aware of the requirements of Immigration Reform and Control Act of 1986 and shall comply with tl requirements, including, but not limited to, verifying the eligibility 11 rev.6 ,* - 0 e employment of all agents, employees, subcontractors and Consultants tl are included in this agreement. 1 4. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications conform to all applicable requirements of law: federal, state and loc Contractor shall provide all necessary supporting documents, to be fi with any agencies whose approval is necessary. The City will provide copies of the approved plans to any ot agencies. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specificati as herein required are the property of the City, whether the work which they are made be executed or not. In the event this contrac terminated, all documents, plans, specifications, drawings, reports, studies shall be delivered forthwith to the City. Contractor shall have right to make one (1) copy of the plans for his/her records. 1 6. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from cre: of the work pursuant to this contract shall be vested in City and he agrees to relinquish all claims to such copyrights in favor of City. rev.6 ,- - 12 0 0 17. HOLD HARMLESS AGREEMENT The City, its elected and appointed officers and employees shall be liable for any claims, liabilities, penalties, fines, or any damage goods, properties, or effects of any person whatever; nor for persc injuries or death caused by, or resulting from, or any intentional negligent acts, errors or omissions of Contractor or Contractor's age employees, or representatives. Furthermore, Contractor agrees to defend, indemnify, protect, hold free and harmless the City and its elected and appointed officers employees against any claims for damages, liabilities, penalties or fi costs or expenses, including liabilities or claims by reason of allc defects in any plans and specifications arising out of the conduct of Contractor or any agent or employee, subcontractors, or other connection with the execution of the work covered by this agreen except only for those claims arising from the sole negligence or willful conduct of the City, or its elected and appointed officers employees. Furthermore, Contractor agrees to defend, indemnify, protect, hold free and harmless the City and its elected and appointed officer: employees against any claims for damages, liabilities, penalties or rev.1 ,a - 13 e 0 costs or expenses, including liabilities or claims by reason of allec defects in any plans and specifications arising out of or connected \F the negligent conduct of the Contractor or any agent or employ subcontractors, or others in connection with the execution of the u covered by this agreement. Contractor's indemnification shall include any and all co expenses, attorneys fees and liability incurred by the City, its offic agents, or employees in defending against such claims, whether the s proceed to judgment or not. Consultant shall at its own expense, upon written request by City, defend any such suit or action brought against the City, its offic agents or employees. Contractor's indemnification of City shall no limited by any prior or subsequent declaration by the Contractor. 18. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part therer any monies due thereunder without the prior written consent of the C 1 9. SUBCONTRACTING If the Contractor shall subcontract any of the work to be perfo under this contract by the Contractor, Contractor shall be responsible to the City for the acts and omissions of Contra subcontractor and of the persons either directly or indirectly employc 14 ,- - rev. * 0 0 the subcontractor, as Contractor is for the acts and omissions of persa directly employed by Contractor. Nothing contained in this contract sh create any contractual relationship between any subcontractor Contractor and the City. The Contractor shall bind every subcontrac and every subcontractor of a subcontractor by the terms of this contr, applicable to Contractor's work unless specifically noted to the contri in the subcontract in question approved in writing by the City. 2 0. PROHIBITED INTEREST No official of the City who is authorized in such capacity on bet- of the City to negotiate, make, accept, or approve, or take part negotiating, making, accepting, or approving of this agreement, st become directly or indirectly interested personally in this contract or any part thereof. No officer or employee of the City who is authorized such capacity and on behalf of the City to exercise any executil supervisory, or similar functions in connection with the performance this contract shall become directly or indirectly interested personally this contract or any part thereof. 2 1. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, employee of the City, either before, during or after the execution of t contract, shall affect or modify any of the terms or obligations her( 15 r- - rev.611 0 contained nor entitle the Contractor to any additional payment whatsoeb under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmlc Agreement," all terms, conditions, and provisions hereof shall inure to a shall bind each of the parties hereto, and each of their respective he exec u to rs , ad mi n is trato rs, s uccesso r s , and assig n s . 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year f written above. 24. CONFLICT OF INTEREST The Contractor shall file a conflict of interest statement with City Clerk in accordance with the requirements of the City's conflici interest code. The disclosure category shall be Category 1: lnvestrr and Real Property. 25. INSURANCE The Contractor shall obtain and maintain for the duration of contract and any and all amendments insurance against claims for injL to persons or damage to property which may arise out of or in connec with performance of the work hereunder by the contractor, his agt representatives, employees or subcontractors. Said insurance shal 16 ,- - rev.6 e e obtained from an insurance carrier admitted and authorized to do busine: in the State of California. The insurance carrier is required to have current Best's Key Rating of not less than "A-:VI' and shall meet the Cit) policy for insurance as stated in Resolution No. 91-403. A. Coveraws a nd Limits, Contractor shall maintain the types of coverages and minimi limits indicated herein, unless a lower amount is approved by the C Attorney or City Manager: 1. Comprehensive General Liability Insurance. $l,OOO,C combined single-limit per occurrence for bodily injury, personal inj and property damage. If the submitted policies contain aggregate lim general aggregate limits shall apply separately to the work under contract or the general aggregate shall be twice the required o ccu rre nce I i rn i t. 2. Automobile Liability (if the use of an automobile $1,000,000 combined sir involved for contractor's work for the City). limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liab Workers' Compensation limits as required by the Labor Code of the : of California and Employer's Liability limits of $1,000,000 per acc for bodily injury. 17 .. - rev.6 0 e 4. Professional Liability. Errors and omissions liabili appropriate to the contractor's profession, with a discovery period of n less than 12 months after completion of work or termination of contra1 $1,000,000 per occurrence. .. .. 6. itional Prm. Contractor shall ensure that the policies of insurance requii under this agreement contain, or are endorsed to contain, the followi provisions. 1. The City shall be named as an additional insured on policies excluding Workers' Compensation. 2. The contractor shall furnish certificates of insurance the City before commencement of work. 3. The contractor shall obtain occurrence covera excluding Professional Liability which shall be written as claims-rn coverage. 4. This insurance shall be in force during the life of agreement and any extension thereof and shall not be canceled withou days prior written notice to the City sent by certified mail. 5. If the contractor fails to maintain any of the insur: coverages required herein, then the City will have the option to del the contractor in breach, or may purchase replacement insurance or 18 ,. - rev.6 0 e the premiums that are due on existing policies in order that the require1 coverages may be maintained. The contractor is responsible for an payments made by the City to obtain or maintain such insurance and th City may collect the same from the contractor or deduct the amount pa from any sums due the contractor under this agreement. 19 I. - rev.61 i 0 e 2 6. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notice! or to receive written notice on behalf of the City and on behalf of th Contractor in connection with the foregoing are as follows: For City: Ann Jensen Human Resources Director 1200 Carlsbad Village Dir. Carlsbad, CA 92008 For Contractor: James K. Foreman Principal, Towers Perrin 333 Bush Street, Suite 1600 San Francisco, CA 94104 20 ,. - rev.6/ 0 e 27.BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Businer License for the duration of the contract. Executed by Contractor this I sd day (IL4,fJT , 19 ‘I 5: L CONTRACTOR: CITY OF CARLSBAD, a munici corporation of the State California -[?.I LA) E 12-5 (name of Contractor) PfZ R E I)J __---__------ __- ,JRAd-vK- ATTEST: (sign here) By :-[’ - _____-____------- J-rz-ME-5 I<* COdZEMfihl hb!C&a/$.L- - -_.-I_ ---_ _______-- rt-r EJC.(PALp,,Tt ----- N E 9 (print name here) ALETHA L. RAUTENKRANZ City Clerk (title and organization of signatory) (q-l \.u E z 5 (Proper notarial acknowledgment of execution by Contractor mus’ attached .) (President or vice-president and secretary or assistant secretary sign for corporations. If only one officer signs, the corporation attach a resolution certified by the secretary or assistant secretary L corporate seal empowering that officer to bind the corporation.) (‘c Y? C, kj) ,- 21 rev.€ i 4 e e APPROVED AS TO FORM: 8 RONALD R. BALL City Attorney BY - Deputy City Attorney Scnteof Cdjf;m3 . ) couoty of -1 vlcrb&/A hN/EL$KI d Aev3'*o a before me, (here insert name and title of the offier), persooally appear .7/kMG-5 K. fOREMAhl on )L+ .'fi5 puJonaUy kwwn to me (or pmved to me on the bash of satisfxtory evidence) to be the narnds) hhit subscribed to the within instrument and acknowledged to me that bdM same in hislhetikeu ' authorized capacityfies), and thnt hy his/b&&ex . sigoaturd4 00 thc person($, or the entity upon behalf of which the person& acted, executed the instrumel -* af:Gd,k*c Comm #g 2 rfJ e 'c city B cainty Of SJ DV"... 8$~~ Conm txi)11e5 J, WITNESS my hand and offiipl seal. * (%I) 0' -?"'"'. ZzZEz Signniure 4 ihr ? dtccLh *L ALL+- OTARY PUBLIC I rev. I. - 22