HomeMy WebLinkAbout05.F- Execution of First Amendment to Professional Services Agreement between Alliant Insurance Services, Inc. and the City of San Bernardino 5.F
RESOLUTION (ID # 4400) DOC ID: 4400 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Helen Tran M/CC Meeting Date: 05/02/2016
Prepared by: Helen Tran, (909) 384-5161
Dept: Human Resources Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of a First Amendment to Professional Services Agreement Between
Alliant Insurance Services, Inc. and the City of San Bernardino for Employee Benefits
Consultant Services. (#4400)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: Total amount not to exceed $221,400.
Account Number: 001-110-0001-5502
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On April 1, 2013, the Mayor and Common Council authorized and directed the City Manager to
issue a Request for Proposal (RFP)for Employee Benefits Broker Consultant Services
(Resolution No. 2013-65).
On June 3, 2013, the Mayor and Common Council authorized and directed the City Manager to
execute a professional services agreement with Alliant Insurance Services, Inc.
Background:
Alliant Insurance Services, has been providing employee benefits broker services to the City
since June 2013. During this term much effort has been placed on expanding benefit options
and maintaining cost containment for employee benefits despite rapidly increasing health
benefit costs. Specifically, the following accomplishments have been actualized since utilizing
Alliant Insurance Services:
• Unblending active employees from the early retirees, reducing Other Post Employment
Benefit(OPEB ) liability of approximately$45 million (Present Value of Benefits).
• Added HMO Narrow Network at 17% savings option to employees.
• Conducted a Provider Network analysis of different insurance carrier networks to ensure
minimal provider disruption.
• Carved out retirees age 65 plus Medicare eligible to individual Medicare Exchange for
employer savings of$280,000.
• Removed early retirement and Medicare eligible allowances at employer savings of
approximately$570,000.
• Offered expanded menu of voluntary benefit options for employees.
Updated: 4/25/2016 by Georgeann "Gigi" Hanna B Packet Pg. 110;
5.F
4400
This amendment will insure effective benefit marketing, focused and continued health benefit
broker services on key benefit areas, and include but not limited to: strategic planning, Federal,
State and Affordable Care Act (ACA) Compliance consulting, renewal negotiation and
evaluation of cost saving alternatives (JPA's, Exchange platforms, Onsite Clinics), provider
network analysis, open enrollment and communications support, advocacy services, contract
review and benefit administration and consolidated billing services for active employees and
retirees. Employee benefit renewal will include the marketing of the City's current benefit plans
for which broker representation is needed:
-Medical Insurance -Dental Insurance
-Vision Insurance -Flexible Benefits Plan
-Short-term Disability Insurance -Long-term Disability Insurance
-Life Insurance -Accidental Death and Dismemberment Insurance
-Supplemental Life and AD&D Insurance -Administrative Services
-Retiree administration -COBRA administration
-Family Medical Leave Act(FMLA)Administration
The Human Resources Division Manager has negotiated a 10% reduction (savings of $24,600
annually) in cost for the 1st amendment. The Human Resources Department is recommending
execution of this first amendment agreement for broker and administration services for the City's
employee health care program beginning July 1, 2016, and continuing for a period of one year,
with an option of two, one-year extensions.
City Attorney Review:
Supporting Documents:
f Resolution (DOCX)
2013-106 Alliant - EXHIBIT B (PDF)
agrmt 4400 (PDF)
Updated: 4/25/2016 by Georgeann "Gigi" Hanna B Packet,P6. 111
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RESOLUTION NO.
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO
3 PROFESSIONAL SERVICES AGREEMENT BETWEEN ALLIANT INSURANCE
SERVICES, INC. AND THE CITY OF SAN BERNARDINO FOR EMPLOYEE
4 BENEFITS CONSULTANT SERVICES. a
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6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 2
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: o CD
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SECTION 1. The City Manager of the City of San Bernardino is hereby
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9 authorized and directed to execute on behalf of said City a first amendment to the
10 Consultant Service Agreement between Alliant Insurance Services, Inc. and the T
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11 City of San Bernardino for employee benefit insurance broker services, a copy of E
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12 which is attached hereto marked Exhibit "A" and incorporated herein by reference JA
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14 as fully as though set forth at length.
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15 SECTION 2. The Director of Finance is hereby authorized to issue a Purchase Un
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16 Order to Alliant Insurance Services, Inc. for consultant services for a total annual L
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17 amount not to exceed $221,400.00 continuing for a period of one year with an option
18 of two (2), one (1) year options to extend.
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SECTION 3. The authorization granted hereunder shall expire and be void and Y
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of no further effect if the agreement is not executed by both parties and returned to 0°
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22 the Office of the City Clerk within sixty (60) days following the effective date of the
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23 Resolution.
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5.F.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO
2 PROFESSIONAL SERVICES AGREEMENT BETWEEN ALLIANT INSURANCE
3 SERVICES, INC. AND THE CITY OF SAN BERNARDINO FOR EMPLOYEE
BENEFITS CONSULTANT SERVICES. E
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Cn
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6 Mayor and Common Council of the City of San Bernardino at a 2�
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7 meeting thereof, held on the day of a.
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2016, by the following vote, to wit:
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10 Council Members: AYES NAYS ABSTAIN ABSENT
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11 MARQUEZ C
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12 BARRIOS
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VALDIVIA
14 SHORETT
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17 RICHARD
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18 MULVIHILL Q
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20 Georgeann Hanna, City Clerk m
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The foregoing Resolution is hereby approved this day of
22 2016. _
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R. Carey Davis, Mayor
25 City of San Bernardino
Approved as to form: s
26 Gary D. Saenz, City Attorney w
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28 By:
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RESOLUTION NO. 2013_106 E
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT Q
SERVICES AGREEMENT BETWEEN ALLIANT INSURANCE SERVICES, INC. co
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AND THE CITY OF SAN BERNARDINO TO PROVIDE BROKER AND
4 ADMINISTRATION SERVICES FOR THE EMPLOYEE'S HEALTH CARE a-
PROGRAM. °
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6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
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7 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
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and directed to execute on behalf of said City a Consultant Services Agreement between a
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Alliant Insurance Services, Inc., and the City of San Bernardino for broker and w
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12 administration services of the City's Employee Health Care Program, a copy of which is
13 attached hereto marked Exhibit "1" and incorporated herein by reference as fully as though Cn
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14 set forth at length.
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15 SECTION 2. The Purchasing Manager is hereby authorized to issue a Purchase Order 2
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to Alliant Insurance Services, Inc. for consultant services for a total amount not to exceed <
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18 $246,000.00.
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19 SECTION 3. The authorization granted hereunder shall expire and be void and of no m
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20 further effect if the agreement is not executed by both parties and returned to the Office of the
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21 City Clerk within sixty(60) days following the effective date of the Resolution.
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2013-106
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY or
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT E
2 SERVICES AGREEMENT BETWEEN ALLIANT INSURANCE SERVICES, INC. a
AND THE CITY OF SAN BERNARDINO TO PROVIDE BROKER AND N
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ADMINISTRATION SERVICES FOR THE EMPLOYEE'S HEALTH CARE E
4 PROGRAM.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor .
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and Common Council of the City of San Bernardino at a joint regular meeting
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thereof,held on the 3rd day of June 2013,by the following vote,to wit: _
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9 Council Members: AYES NAYS ABSTAIN ABSENT C
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10 MARQUEZ x
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JENKINS
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VALDIVIA x
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SHORETT x 0-
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15 KELLEY x
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16 JOHNSON x a
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17 MCCAMMACK 0
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George Hanna, Clerk °
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21 The foregoing Resolution is hereby approved this day of June , 2013. m
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23 trick J. Mo is, May =
24 City ernardino •`_-°
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25 Approved as to form:
JAMES F. PENMAN,
26 City Attorney N
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CONSULTANT SERVICES AGREEMENT C
BETWEEN THE CITY OF SAN BERNARDINO AND E
ALLIANT INSURANCE SERVICES,INC. 4)
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This Consultant Services Agreement (hereinafter referred to as "Agreement") is made N
and entered into this 3rd day of June, 2013, ("Effective Date")by and between the City of San
Bernardino, a public body, corporate and politic (hereinafter referred to as "CITY") and Alliant E
Insurance Services, Inc., (hereinafter referred to as "CONSULTANT") (sometimes jointly o
referred to herein as the"Parties"). a
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WITNESSETH: ci
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A. WHEREAS, the CITY is in need of a consultant to provide broker and
- -administr—Eiti6i services-of its Employee Health Care Program;-and - -—
B. WHEREAS, it has been determined by the Director of Finance that
CONSULTANT represents that it has that degree of specialized expertise contemplated within W
California Government Code, Section 37103, and holds all necessary licenses to practice and
perform the services herein,contemplated;and
C. WHEREAS, CONSULTANT is competent, experienced and able to perform said
responsible services; and
D. WHEREAS, CONSULTANT will provide the most advantageous and O
responsible services; `
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NOW THEREFORE, in consideration of mutual covenants contained in this Agreement E
and the mutual benefits to be derived there from, the Parties agree as follows: a
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1.0. SERVICES PROVIDED BY CONSULTANT
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1.1. Scope of Services. For the remuneration stipulated, CONSULTANT shall m
provide the professional services as identified in Exhibit A, contained herein. CONSULTANT o
commits the necessary principal personnel to the performance of such services for the duration of
this Agreement. m
CITY shall provide, in a reasonable and timely fashion, CONSULTANT with any m
documentation, records, reports, statistics or other data or information pertinent to the provision w
of services,which are reasonably available to CITY. CITY will provide a contact person to assist
in the timely resolution of any issues that may arise. If a conflict arises between the Proposal.and
this CONSULTANT Services Agreement(hereinafter "Agreement"), the terms of the Agreement a
shall govern. o
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1.2. Professional Practices. All professional services to be provided by
CONSULTANT pursuant to this Agreement shall be provided by personnel identified in the
Proposal and in a manner consistent with the standards of care,diligence and skill ordinarily
exercised by professional CONSULTANTs in similar fields and circumstances in accordance ¢
with sound professional practices. CONSULTANT also warrants that it is familiar with all
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laws that may affect its performance of this Agreement and shall advise City of any changes in
any laws that may affect CONSULTANT's performance of this Agreement. CONSULTANT E
further represents that no City employee will provide any services under this Agreement. o
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1.3. Warranty. CONSULTANT warrants that it shall perform the services required by
this Agreement in compliance with all applicable Federal and California employment laws 0
including,but not limited to, those laws related to minimum hours and wages; occupational w
health and safety; fair employment and employment practices;workers'compensation insurance
and safety in employment;and all other-Federal, State-and-1-ocal laws and ordinances-applicable
to the services required under this Agreement. CONSULTANT shall indemnify and hold o
harmless City from and against all claims,demands,payments,suits,actions,proceedings, and
judgments of every nature and description including reasonable attorneys'fees and costs, W
presented,brought,or recovered against City for, or on account of any liability under any of the Y,
above-mentioned laws, arising from or related to CONSULTANT's performance under this L)
Agreement.
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1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not
engage in,nor permit their officers, employees or agents to engage in, discrimination in
employment of persons because of their race, religion,color,national origin, ancestry, age, g
mental or physical disability, medical condition,marital status,sexual gender or sexual r
orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation An
of this provision may result in the imposition of penalties referred to in Labor Code, Section a
1735. ¢
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1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that City may enter
into agreements with other consultants for services similar to the services that are subject to this o
Agreement or may have its own employees perform services similar to those services M
contemplated by this Agreement. °o
1.6. Delegation and Assignment. This is a personal service contract, and the duties set m
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. CONSULTANT may engage a subcontractor(s) as permitted by law and may m
employ other personnel to perform services contemplated by this Agreement at w
CONSULTANT's sole cost and expense.
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I 1.7 Conflicts of Interest. During the term of this Agreement, CONSULTANT shall at
all times maintain a duty of loyalty and a fiduciary duty as to the City and shall not accept to
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2013-106
payment from or employment with any person or entity which will constitute a conflict of
interest with the City.
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1.8 Cily Business Certificate: CONSULTANT shall obtain and maintain during the E
term of this Agreement,a valid City Business Registration Certificate pursuant to Title 5 of the U)
City of San Bernardino Municipal Code and any and all other licenses,permits, qualifications,
insurance and approvals of whatever nature that are legally required of CONSULTANT to E
practice their profession, skill or business. o
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2.0. COMPENSATION AND BILLING
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2.1. Compensation. CONSULTANT shall be paid an amount not to exceed w
$246,000.00 for providing the Services described in Exhibit A.This amount is inclusive of all
professional-fees and expenses.
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2.2. Additional Services. CONSULTANT shall not receive compensation for.any fl.
services provided outside the scope of services specified in the Proposal or the Scope of Services w
unless the City,prior to CONSULTANT's performing the additional services,approves such
additional services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are unenforceable.
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2.3. Method of Billing. CONSULTANT may submit invoices to City for approval.
Said invoice shall be based on the total of all CONSULTANT's services which have been )
completed to City's sole satisfaction. City shall pay CONSULTANT's invoice within forty-five
(45) days from the date City receives said invoice. The invoice shall describe in detail,the
services performed and the associated time for completion. Any additional services approved
and performed pursuant to this Agreement shall be designated as "Additional Services" and shall E
identify the number of the authorized change order, where applicable, on all invoices. ¢
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2.4. Records and Audits. Records of CONSULTANT's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting principles c
and shall be made available to City for inspection and/or audit at mutually convenient times for a M
period of three(3) years from the Effective Date. o
2.5 Confidentiality of Reports. CONSULTANT shall keep confidential all reports, m
information and data received, prepared, or assembled pursuant to performance under this �.-
Agreement. Such information shall not be made available to any person,news release,firm, m
corporation,or entity without prior written consent of the City or as otherwise required by law. w
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3.0. TERM AND NOTIFICATION.
3.1. Term. This Agreement shall be in full force and effect for the term July 1,
2013,through June 30, 2014, unless the Agreement is previously terminated as provided for a
herein,or extended by amendment. The CITY, in its sole discretion, may exercise the option of N
two(2), one(1) year extensions to this Agreement. Option Year 1,if exercised, shall be from
July 1,2014 through June 30,2015. Option Year 2, if exercised,shall be from July 1,2015 R
through June 30,2016. Should the CITY exercise the option to extend the Agreement, it shall do 0
so in writing at least 30 days prior to the expiration of the Agreement.
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3.2 Termination. City or CONSULTANT may terminate the services provided under
Section 1.1 of this Agreement upon ninety(90)days written notice to the other party. In the
event of termination, CONSULTANT shall be paid the reasonable value of services rendered to
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3.3 Documents. In the event of termination of this Agreement,all documents 0
prepared by CONSULTANT in their performance of this Agreement shall be delivered to the W
City within ten(10)days of delivery of termination notice to CONSULTANT, at no cost to City.
Any use of uncompleted documents without specific written authorization from CONSULTANT v
shall be at City's sole risk and without liability or legal expense to CONSULTANT.
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4.0. INSURANCE N
4.1. Minimum Scope and Limits of Insurance. CONSULTANT shall obtain and 0
maintain during the term of this Agreement all of the following insurance coverages: L
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(a) Commercial general liability, including premises-operations, E
products/completed operations,broad form property damage, blanket a
contractual liability, independent contractors, personal injury with a policy
limit of not less than One Million Dollars($1,000,000.00),combined L
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single limits,per occurrence and aggregate. c
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(b) Automobile liability for owned vehicles,hired, and non-owned vehicles, o
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits,per occurrence and aggregate. m
(c) Workers' compensation insurance as required by the State of California, m
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4.2. Endorsements. The commercial general liability insurance policy shall contain or w
be endorsed to contain the following provisions:
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(a) Additional insureds: "The City of San Bernardino and its elected and
appointed boards,officers, agents, and employees are additional insureds E
with respect to this contract with City."
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(b) Notice: "Said policy shall not terminate,nor shall it be materially changed
or cancelled, nor the coverage reduced,until thirty(30)days after written
notice is given to City." E
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(c) Other insurance: "Any other insurance maintained by the City of San -a.
Bernardino shall be excess and not contributing with the insurance
provided by this policy." 0
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4.3. Certificates of Insurance. CONSULTANT shall provide to City certificates of
- —insurance-showing the-insurance-coverages and-required-endorsements-described above,in-a
form and content approved by City,prior to performing any services under this Agreement. c
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4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, w
the indemnification provision contained in this Agreement, or the extent to which y
CONSULTANT may be held responsible for payments of damages to persons or property.
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5.0. GENERAL PROVISIONS
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5.1. Entire Agreement: This Agreement constitutes the entire Agreement between the N
parties with respect to any matter referenced herein and supersedes any and all other prior 2
writings and oral negotiations. This Agreement may be modified only in writing,and signed by f°
the parties in interest at the time of such modification. The terms of this Agreement shall prevail M
over any inconsistent provision in any other contract document appurtenant hereto, including E
exhibits to this Agreement. Q
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5.2. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery, o
facsimile or mail and shall be addressed as set forth below. Such communication shall be m`
deemed served or delivered: a) at the time of delivery if such communication is sent by personal o
delivery; b)at the time of transmission if such communication is sent by facsimile; and c)48
hours after deposit in the U.S.Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail. m
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To the Consultant; Michael Menerey,Vice President w
Alliant Insurance Services,Inc.
333 S. Hope Street, Suite 3750
Los Angeles CA,90071 Q
Phone: (213)270-0972 0
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To the City: City of San Bernardino N
Human Resources Department
300 North D Street, Second Floor E
San Bernardino, CA 924-18
Attn: Helen Tran, Acting Human Resources Division a
Manager - L
Phone: {909}384-5161 M
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5.3. Attorneys' Fees: In the event that litigation is brought by any party in connection a
— - with-this Agreements the prevailing-party shall-be entitled to recover from the-opposing party all 7-
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the o
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions,or provisions hereof. The costs, salary and expenses of the City Attorney and E
members of his office in enforcing this contract on behalf of the City shall be considered as !�
"attorneys' fees" for the purposes of this Agreement. Y
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5.4. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement,the parties hereto N
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San o
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Bernardino County, California, w
5.5. Assignment: CONSULTANT shall not voluntarily or by operation of law assign, E
transfer, sublet or encumber all or any part of CONSULTANT's interest in this Agreement a
without City's prior written consent. Any attempted assignment,transfer, subletting or c
encumbrance shall be void and shall constitute a breach of this Agreement and cause for
termination of this Agreement. Regardless of City's consent,no subletting or assignment shall o
release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be m`
performed by CONSULTANT hereunder for the term of this Agreement. o
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5.6. Indemnification and Hold Harmless. CONSULTANT shall save,protect, defend,
indemnify and hold harmless City and its elected and appointed officials,boards, commissions,
officers, attorneys, agents and employees from any and all claims, losses, demands, suits, m
administrative actions,penalties, liabilities and expenses, including reasonable attorney fees, w
damage to property or injuries to or death of any person or persons or damages of any nature ,
including,but not limited to, all civil claims or workers' compensation claims arising from or in
any way related to CONSULTANT's performance under this Agreement, except when caused =
solely by the City's negligence. c
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5.7. Independent Contractor. CONSULTANT, at all times while performing under
this Agreement, is and shall be acting at all times as an independent contractor and not as an E
agent or employee of City. CONSULTANT shall secure, at its own expense,and be responsible
for any and all payment of wages,benefits and taxes including,but not limited to, Income Tax, E
Social Security, State Disability Insurance Compensation,Unemployment Compensation, and a
other payroll deductions for CONSULTANT and its officers, agents,and employees, and all `n
business licenses,if any are required, in connection with the services to be performed hereunder.
Neither CONSULTANT nor its officers, agents and employees shall be entitled to receive any
benefits which employees of City are entitled to receive and shall not be entitled to workers' a
compensation insurance, unemployment compensation,medical insurance, life insurance, paid L
vacations,paid holidays,pension,profit sharing or social security on account of CONSULTANT
and its officers', agents' and employees'work for the City. This Agreement does not create the
relationship of agent, servant, employee partnership or joint venture between the City and
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5.8 Conflict of Interest Disclosure: CONSULTANT or its employees may be subject
to the provisions of the California Political Reform Act of 1974(the "Act"),which(1)requires w
such persons to disclose financial interests that may be materially affected by the work v,
performed under this Agreement, and(2)prohibits such persons from making or participating in
making decisions that will have a foreseeable financial affect on such interest.
CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes
a material breach and is grounds for termination of the Agreement by City. N
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5.9. Responsibility for Errors. CONSULTANT shall be responsible for its work and
results under this Agreement. CONSULTANT, when requested, shall furnish clarification N
and/or explanation as may be required by the City's representative, regarding any services
rendered under this Agreement at no additional cost to City. In the event that an error or a
omission attributable to CONSULTANT occurs,then CONSULTANT shall,at no cost to City,
provide all other CONSULTANT's professional services necessary to rectify and correct the
matter to the sole satisfaction of City and to participate in any meeting required with regard to c
the correction. m`
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5.10. Prohibited Employment. CONSULTANT shall not employ any current employee
of City to perform the work under this Agreement while this Agreement is in effect.
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5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and m
negotiation of this Agreement and in the performance of its obligations hereunder except as x
expressly provided herein. W
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5.12. No Third Party Beneficigg Rights. This Agreement is entered into for the sole --°
benefit of City and CONSULTANT and no other parties are intended to be direct or incidental
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beneficiaries of this Agreement and no third party shall have any right in,under or to this a
Agreement. E
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5.13. Headings Paragraphs and subparagraph headings contained in this Agreement are . Q
included solely for convenience and are not intended to modify,explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement. E
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5.14. Amendments. Only a writing executed by all of the parties hereto or their a
respective successors and assigns may amend this Agreement. d
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5.15, Waiver. The delay or failure of either party at any time to require performance or r
compliance by the other of any of its obligations or agreements shall in no way be deemed a d
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-waiver-of-those-rights to require such performance or compliance. No waiver.-of any provision of— :
this Agreement shall be effective unless in writing and signed by a duly authorized representative o
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy a
with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with w
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. JA
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5.16. Severabilit . If any provision of this Agreement is determined by a court of N
competent jurisdiction to be invalid or unenforceable for any reason,such determination shall
not affect the validity or enforceability of the remaining terms and provisions hereof or of the i!
offending provision in any other circumstance, and the remaining provisions of this Agreement y
shall remain in full force and effect. w c
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5.17. Counterparts: This Agreement may be executed in one or more counterparts, N
each of which shall be deemed an original. All counterparts shall be construed together and shall E
constitute one agreement. a
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5.18. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said c
parties and that by doing so,the parties hereto are formally bound to the provisions of this m`
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CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and Q
through their respective authorized officers, as of the date first above written. N
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CITY OF SAN BERNARDINO M,
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Dated: �l_I 1 L7 By: c�
Al Parker, City Manager r
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CONSULTANT
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Alliant Ins ance Services, Inc. -°Q
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Dated: 6 t f 3 By:
Michael Menerey,Vice Pr s' ent
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Approved as to Form: (�'
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CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN
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Exhibit A a
Scope of Services
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Specific services and responsibilities to include:
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• Develop long-range employee benefit goals and strategies for the City of San Bernardino.
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• Assist in administering group insurance plans identified herein, settle disputes and other Y
issues with carriers analyze the effectiveness of programs and offer creative solutions to
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• Monitor ongoing contracts, including plan administration, provider compliance with —00
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contracts, booklets and employee education materials. E
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Respond promptly and accurately to questions from City representatives and employees.
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• Compliance assistance with applicable laws and regulations; advise City staff of changes in
the laws and recommend solutions,
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• Act as an insurance broker/consultant on related issues such as IRS Subsection 125 and o
related discrimination testing, COBRA, Health Insurance Portability and Accountability Act
(HIPAA), Medicare, Family and Medical Leave Act (FMLA), California Family Rights Act N
(CFRA), and Americans with Disabilities Act(ADA). E
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• Review and analyze claims experience data, claims service, efficiency and accuracy of c
claims administration to ensure that we are receiving optimum service and benefits from all 0
carriers and vendors.
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• Determine and recommend the most economical and efficient funding methods for various
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benefit programs.
• Apprise City benefits representatives of local and national benefit trends, innovative ideas
and recommend new products, programs and services to ensure a competitive benefits m
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• Provide an annual review and summary of employee benefits, including analysis of the
quality of benefits provided, cost effectiveness, competitiveness,recommendations, etc. =
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• Meet with and provide reports and updates to City representatives as needed. Provide
estimates of renewal rates to assist City with forecasting and budgeting. E
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• Represent City in all negotiations with providers on al i issues, including those related to E
premiums, service,benefit levels,plan design, special terms and conditions, etc. Negotiate.all Q
changes and additions to contracts. N
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• Solicit bids from insurance markets,which specialize in group insurance plans. Evaluate bids
and bidders, including claims procedures, abilities, experience and history, service, financial o
policies and stability,and identify the most beneficial package for the City's needs. .
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• Assist with the creation and implementation of communication materials (pamphlets,
brochures, presentations, etc.) for new or changed programs, including materials for Open
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Enroll ment and- Health Fairs. Attend .Open. .Enrollment meetings.and..Health Fairs, .and._____ _
provide enrollment support as needed. Provide fulfillment services for retirees and COBRA
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• Identify, investigate, analyze and implement efficiency measures such as employer w W
partnerships, electronic benefits administration, and other concepts that have the effect of
reducing the costs associated with employee benefit programs without reducing services to U
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• Retiree administration to include communication, open enrollment, maintenance, billing N
services and Medicare reporting/eligibility. o
• COBRA administration to include communication, enrollment, maintenance and billing N
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• FMLA administration to include claim management and processing; claim tracking,
documentation and reporting; legal and medical expertise. �?
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FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
ALLIANT INSURANCE SERVICES, INC
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THIS FRIST AMENDMENT is made and entered into as of April 18, 2016 by and between the =
CITY OF SAN BERNARDINO, a charter city ("City"), and Alliant Insurance Service Inc. E
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the a
parties agree as follows: N
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1. This Amendment is made with the respect to the following facts and purposes: o
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a. On June 3, 2013, The City and Consultant entered into that certain agreement entitled
"CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND ALLIANT INSURANCE SERVICE INC." ("Agreement"), in the amount of $246,000.00, w
attached hereto as Exhibit"B".
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b. The parties now desire to extend the term for one year plus two additional one year o
extension as set forth in this Amendment. E
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2. Section 1.1. Term of Services of the Agreement is hereby amended to extend the term
of the Agreement to June 30, 2017, with two one year extensions unless the Agreement is
previously terminated as provided for therein.
3. Section 5. Compensation of the agreement is hereby amended and to change the annual o
amount for Employee Benefit Insurance Broker Services for the City of San Bernardino to an c
amount not to exceed $221,400.00. This fee is inclusive of all professional fees and expenses N
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4. Except for the changes specifically set forth herein, all other terms and conditions of the Q
Agreement shall remain in full force and effect.
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5.F.c
FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
ALLIANT INSURANCE SERVICES, INC
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written. E
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CITY OF SAN BERNARDINO ALLIANT INSURANCE SERVICE INC. E
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Mark Scott Michael Menerey, Vice President w
City Manager
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ATTEST: w
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Georgeann "Gigi" Hanna, City Clerk
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APPROVED AS TO FORM:
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Gary D. Saenz, City Attorney V)
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