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HomeMy WebLinkAboutRes 2014-05-03 Wellspring Insurance Agency.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2014-05-03 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN AGREEMENT WITH WELLSPRING INSURANCE AGENCY, INCORPORATED FOR BENEFITS CONSULTING WHEREAS, the City Council of the City of Anna, Texas (the "City Council") recognizes the need to offer competitive and valuable health benefits to recruit and retain talented employees; and, WHEREAS, the current health benefits offered by the City of Anna (the "City") need periodic evaluation for value and cost effectiveness; and, WHEREAS, Wellspring Insurance Agency, Inc. (the "Consultant") possess the requisite skill and experience to evaluate and negotiate potential health benefits for the City of Anna employees (the Employees"); and, WHEREAS, funds are available to support this project in the City's General Fund contingency account subject to approval of the City Council; and, WHEREAS, the City Council finds that it is in the best interests of the citizens and employees to review and evaluate current and potential health benefits offered by the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authorization of Funding Agreement. The City Council hereby approves the Agreement with Wellspring Insurance Agency, Inc. attached hereto as Exhibit 1 to provide benefits consulting to the City of Anna, and authorizes, ratifies and approves the City Manager's execution of same. Section 3. Contingency Appropriation Consistent with Section 7.08 of the Anna City Charter, the City Council hereby authorizes the City Manager to transfer $7,500 from the FY 2014 General Fund Contingency Appropriation to the Administration Contract Services account No. 10-400-6703. Res. 2014-05-03 Wellspring Ins. Agency — Benefits Consulting Page 1 OF 2 05-13-14 PASSED by the City Council of the City of Anna, Texas, on this 13th day of May 2014. ATTEST: APPROVED: l Nat Wilkison, City Secretary Mayor, Mike rist Res. 2014-05-03 Wellspring Ins. Agency — Benefits Consulting Page 2 OF 2 05-13-14 Ile] : • • 1 This Professional Services Agreement Employee Benefits Consulting (hereinafter referenced as "this Agreement") is made and entered into as of the /9t-4 day of Wo V , 20, by and between the City of Anna, Texas, a Texas municipal corporation, with its pnnc' al office at 111 North Powell Parkway, Anna, Collin County, Texas 75409, hereinafter called "OWNER" and Wellspring Insurance Agency, Inc. with its corporate office at 124 Old Town Blvd. North, Suite 100, Argyle, Denton County, Texas 76226, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT OWNER hereby contracts with CONSULTANT, who shall at all times act only in the capacity of an independent contractor, and CONSULTANT hereby agrees to perform the services described herein in connection with the "Project," which is generally described as benefits consulting services including reviewing current employer provided health benefits including health, vision, and dental plans, issue and evaluate requests for proposals to provide health benefits to employees, and provide general support and consulting for the OWNER's employer provided health benefits plans and information and shall include all services to be performed by the CONSULTANT as set forth in this Agreement. ARTICLE 2 SCOPE OF SERVICES A. For the prices set forth in Article 5 of this Agreement, CONSULTANT shall perform the services as incorporated into this Article, and as revised by mutual written consent of CONSULTANT and OWNER from time to time. B. Specifically, CONSULTANT shall perform all those services, including provision of materials and labor, as necessary and as described in Exhibit A, "PROPOSAL FOR EMPLOYEE BENEFITS CONSULTING FOR CITY OF ANNA," attached hereto and incorporated here as if set forth in full. ARTICLE 3 ADDITIONAL SERVICES A. Additional services to be performed by CONSULTANT if not described in Article 2 of this Agreement must be authorized by OWNER. Such additional services are not included in the prices set forth in Article 5 of this Agreement and may only be performed under a change order or separate written agreement. ARTICLE 4 SCHEDULE AND PERIOD OF SERVICE A. This Agreement shall become effective as of the date first written above and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by OWNER. PROFESSIONAL SERVICES AGREEMENT FOR COMPENSATION STUDY Page 1 of 8 B. CONSULTANT agrees to perform the various services set forth in this Agreement according to the Scope of Services set forth in Exhibit A, attached to and incorporated here as if set forth in full. The time period(s) set forth in said Exhibit A shall not, except for reasonable cause to be determined at the sole discretion of OWNER, be exceeded by the CONSULTANT. Time is of the essence in this Agreement, and to the extent that CONSULTANT anticipates any delay in the provision of any of the services under this Agreement, CONSULTANT shall as soon as practicable notify OWNER of same in writing and an amendment to the schedule referenced above may be made by mutual consent. ARTICLE 5 COMPENSATION A. COMPENSATION TERMS: For and in consideration of the professional services to be performed by CONSULTANT under this Agreement OWNER agrees to pay and CONSULTANT agrees to charge no more than the fixed prices for services rendered and reports actually delivered and presented as set forth in Sections D and E of Exhibit A, "Consulting Fees," attached hereto and incorporated here as if set forth in full. B. BILLING AND PAYMENT: Partial payments to CONSULTANT will be made within 30 days of receipt of detailed periodic invoices rendered to and approved by OWNER through the City of Anna City Manager or his designee; however, under no circumstances shall any statement for services exceed the value of the work performed at the time a statement is rendered. Nothing contained in this Article shall require OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City of Anna City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. OWNER shall not be required to make any payments to CONSULTANT when CONSULTANT is in default under this Agreement. It is specifically understood and agreed that CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payment by OWNER for any charge, expense, or reimbursement above any fixed or maximum not -to -exceed fee as stated in this Agreement or any specified task order, without first having obtained written authorization from OWNER. CONSULTANT shall not proceed to perform any services without obtaining prior written authorization from the City of Anna City Manager or his designee and shall be diligent in seeking such authorization when necessary to perform services under this Agreement. With respect to the services to be performed under Article 2 of this Agreement, the prior written authorization referenced above may be in the form of a notice to proceed with such services delivered by post, hand delivery, facsimile or electronic mail. C. LATE PAYMENT: If OWNER fails to make payments due CONSULTANT for services and expenses within 60 days after receipt of CONSULTANT's undisputed statement thereof, the amounts due CONSULTANT will be increased by the rate of one percent (1 %) per month from the said 60th day, and, in addition, CONSULTANT may, after giving seven days' written notice to OWNER, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require OWNER to pay the late charge of one percent (1 %) set forth herein if OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article 5. PROFESSIONAL SERVICES AGREEMENT FOR COMPENSATION STUDY Page 2 of 8 ARTICLE 6 CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to OWNER any defects or deficiencies in the work of CONSULTANT or any subcontractors or subconsultants. ARTICLE 7 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement shall become the property of OWNER upon the termination of this Agreement. CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by CONSULTANT are intended only to be applicable to this Project and Program, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense, with no right of indemnification against CONSULTANT, notwithstanding any other provision of this Agreement. In the event OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein and by CONSULTANT at the time such information and materials are delivered, CONSULTANT is released from any and all liability relating to such use in that project. ARTICLE 8 INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT is not an employee of OWNER and shall not have or claim any right arising from employee status. OWNER shall not control the means, methods, sequences, procedures, or techniques utilized by CONSULTANT to perform work or services under this Agreement. ARTICLE 9 AUDITS AND INSPECTION OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. CONSULTANT shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, CONSULTANT shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Anna. The cost of the audit will be borne by OWNER unless the audit reveals an overpayment of 1 % or greater. If an overpayment of 1 % or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by CONSULTANT which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this Article shall be a material breach of this contract and shall constitute, in OWNER's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. PROFESSIONAL SERVICES AGREEMENT FOR COMPENSATION STUDY Page 3 of 8 ARTICLE 10 INDEMNITY AGREEMENT CONSULTANT shall indemnify, defend, and save and hold harmless OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, that is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the CONSULTANT or the CONSULTANT'S agent, another consultant under contract, or another entity over which the CONSULTANT exercises control. Further, and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend, and save and hold harmless OWNER and OWNER'S employees, officials, officers and agents (the "INDEMNIFIED PARTIES") from and against claims, damages, losses and expenses, including but not limited to attorneys' fees and related expenses, arising out of or resulting from CONSULTANT'S use of—or arising out of or resulting from personal injury, including but not limited to death, to any of CONSULTANT'S employees, agents, subconsultants or any other persons over which CONSULTANT exercises control if such injury occurs in, on, or about—any real property, premises, building or facilities owned or controlled by OWNER (collectively, "OWNER'S PREMISES") or from any act committed, or any omission to act, in, on, or about OWNER'S PREMISES, and IT IS EXPRESSLY UNDERSTOOD THAT CONSULTANT'S OBLIGATION TO INDEMNIFY THE INDEMNIFIED PARTIES IS INTENDED TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FOR ANY OF THE INDEMNIFIED PARTIES' OWN LIABILITY AND NEGLIGENCE, INCLUDING, BUT NOT LIMITED TO, THEIR COMPARATIVE, PROPORTIONATE AND/OR JOINT LIABILITY AND/OR NEGLIGENCE, INCLUDING LIABILITY FOR GROSS NEGLIGENCE AND STRICT LIABILITY, WHETHER THAT LIABILITY AND/OR NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE FOR THE ASSERTION OF ANY SUCH CLAIMS, DEMANDS, LOSSES AND EXPENSES, AND/OR ANY CAUSES OF ACTION. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 11 INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $300,000 for each person and not less than $300,000 for each accident, and with property damage limits of not less than $300,000 for each accident. C. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. PROFESSIONAL SERVICES AGREEMENT FOR COMPENSATION STUDY Page 4 of 8 CONSULTANT shall furnish insurance certificates or insurance policies at OWNER's request to evidence such coverages. Except for workers compensation and professional liability, the insurance policies shall name OWNER as an additional insured, and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. A. Notwithstanding any other provision of this Agreement, either party may terminate by giving 30 days' advance written notice to the other party. B. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final invoice for services to OWNER within 30 days after the date of termination. OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 5 "Compensation." Should OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE 13 WARRANTY AND RESPONSIBILITY • Kt- A. The CONSULTANT warrants to the OWNER that materials, equipment and labor furnished under this Agreement are of good quality and new unless otherwise required or permitted under this Agreement, that such materials, equipment and labor will be free from defects not inherent in the quality required or permitted, and that the materials and equipment will conform to the requirements of this Agreement. Materials, equipment or labor not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The CONSULTANT's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the OWNER, the CONSULTANT shall furnish satisfactory evidence as to the kind and quality of labor, materials and equipment. B. Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy, competency or quality of their of labor, materials and equipment; nor shall such approval be deemed to be an assumption of such responsibility by OWNER for any defect in the labor, materials and equipment provided by CONSULTANT, its employees, subcontractors, agents, and consultants. C. Any warranties contained elsewhere in this Agreement or in any exhibit to this Agreement shall be cumulative of the warranties described in this Article and in a manner that provides the most favorable warranty(ies) to the OWNER in terms of scope of time and coverage. PROFESSIONAL SERVICES AGREEMENT FOR COMPENSATION STUDY Page 5 of 8 ARTICLE 14 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three days after mailing: To CONSULTANT: Rodney K. Dryden Wellspring Insurance Agency, Inc. 124 Old Town Blvd. North, Suite 100 Argyle, TX 76226 To OWNER: City Manager City of Anna P.O. Box 776 Anna, Texas 75409 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days after mailing, whichever occurs first. ARTICLE 15 ENTIRE AGREEMENT This Agreement constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof, except as expressly set forth to the contrary in this Agreement. ARTICLE 16 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 17 COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 18 DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. PROFESSIONAL SERVICES AGREEMENT FOR COMPENSATION STUDY Page 6 of 8 A. CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with OWNER. CONSULTANT shall inform OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE 20 ASSIGNABILITY CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of OWNER. ARTICLE 29 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 22 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A — PROPOSAL FOR EMPLOYEE BENEFITS CONSULTING FOR CITY OF ANNA (5 pages). B. CONSULTANT agrees that OWNER shall, until the expiration of four years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Collin County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be: Joe McFadin Vonda Smith PROFESSIONAL SERVICES AGREEMENT FOR COMPENSATION STUDY Page 7 of 8 However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by OWNER. F. OWNER shall assist CONSULTANT by placing at CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for CONSULTANT to enter in or upon public and private property as required for CONSULTANT to perform services under this Agreement. Such written and tangible material has been furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the City and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all. G. CONSULTANT shall at all times maintain OWNER'S confidential or proprietary information in confidence and shall disclose same to third parties only as specifically instructed by OWNER. Any disclosure of privileged or confidential information by OWNER to CONSULTANT is in furtherance of OWNER's purposes and is not intended to and does not waive any privileges that may exist with regard to such information. H. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the OWNER has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer to be effective as set forth earlier in this Agreement. CITY OF ANNA Wellspring Insurance Agency, Inc. By: Rodney Dryden, its President PROFESSIONAL SERVICES AGREEMENT FOR COMPENSATION STUDY Page 8 of 8 F010 Clayton Fulton, Finance Director City of Anna 101 North Powell Parkway Anna, TX. 75409-0776 Joe McFadin, LHIC Wellspring Insurance Agency, Inc. 124 Old Town Blvd. North, Suite 100 Argyle, TX. 76226 1 a. As a municipal government employer, you know that running a successful city today brings many challenges, one of which is to provide a well-designed and cost effective employee benefit plan that is compliant with the Affordable Care Act. Wellspring Insurance Agency, Inc. (Wellspring) provides professional employee benefit consulting services that ensures the City of Anna offers the very best benefits at the best price available in the market. a. Wellspring Insurance Agency, Inc. agrees to provide general consulting services for the City of Anna's group health, dental and vision insurance programs involving active employees, retired employees and their eligible dependents. Wellspring Insurance Agency, Inc.'s services will include but will not necessarily be limited to the following: L Confer with the City of Anna designees as needed regarding health care and life insurance programs. ii. Represent the interests of the City of Anna in the health care field. iii. Assist in the review of health care programs to determine their cost effectiveness. iv. Assist in the general management of the health care plans. v. Develop bid specifications for Request for Proposals (RFP) as desired by the City of Anna. 1. RFP process will begin no later than July 15, 2014. 2. RFP will be distributed to market insurance providers no later than August 1, 2014. 3. RFP responses will be due from market insurance providers no later than August 15, 2014, 4. Wellspring and the Benefit Advisory Committee will submit benefit recommendations to the City Manager no later than August 20, 2014. a. NOTES: I. Dates contingent upon TIVIL providing renewal pricing no later than August 1, 2014. Typically, Wellspring requests renewal pricing from incumbent insurance providers no later than July 15, 2014, which would move all dates 2 weeks sooner than outlined above. 2 ii. Dates are subject to change at the mutual agreement of the City Manager and Wellspring. vi. Work with potential bidders during the Request for Proposal (RFP) process to answer any questions regarding the RFP in order to assure their complete understanding of the City of Anna's intent. vii. Evaluate bids and/or proposals received and offer recommendations. viii. Assist, as needed, with the transition between vendors if the RFP results in a change of vendors. ix. Examine reports of exposures,. expenses and paid losses at appropriate intervals to determine patterns of risk and to assure conformity of the vendor to its proposal(s). x. Act as contact between insurance agents and representatives of HMOs, PPOs and insurance companies who make inquiries regarding benefits offered by or through the City of Anna. A. Review performance of the vendor and, if requested by the City of Anna, negotiates contract renewal rates for the health care plans in a manner calculated to be acceptable to the City of Anna. xii. Assist with drafting or redrafting of the health care plan's Plan Document or its Summary Plan Description. xiii. Assist with the preparation of any reports which the Treasury Department might require of the City of Anna. xiv. Provide Individual Medical Insurance quotes to all City of Anna employees to purchase for their eligible dependents. xv. Provide Individual Medical Insurance quotes to all City of Anna retirees. xvi. Provide Medicare Supplemental Insurance quotes to all City of Anna Medicare eligible employees, retirees and dependents. xvii. Conduct Benefit Advisory Committee meetings on a quarterly basis. Meetings will begin in Q2/ 2014. Dates and time of meetings will be set upon mutual agreement of the City Manager or his designee and Wellspring. xviii. Prepare a one-time re -write of all City Job Descriptions by September 30, 2014. • • a. The City of Anna will provide such information as is reasonable and necessary to Wellspring to aid in its performance of this agreement. D. Consulting Fees -May 1, 2014 thru September 30, 2014 Wellspring will provide Employee Benefits Consulting Services to the City of Anna for a monthly fee of $1,500 to be invoiced at the beginning of each month. The monthly fee 3 will be effective May 1, 2014 and terminate on September 30, 2014. Under this agreement, Wellspring will NOT accept any commissions from insurance companies. E. Consulting Fees -October 1, 2014 t ru September 30., 2015 a. Effective October 1, 2014, if the City of Anna remains with TMLIEBP, the consulting fees outlined in D (above) will continue to the new plan year. b. If the City moves their benefits to an insurance company and remains a Small Group (2-50 eligible employees), Wellspring will accept standard commission rates for all lines of employee insurance in lieu of the proposed monthly fee. Commission rates for all lines of coverage will be disclosed to the City. If the City's benefit eligible employee population exceeds 50 (on October 1, 2014), the City will have the option of continuing the proposed consulting agreement or elect to have Wellspring compensated by insurance company standard commissions. .; . The agreement shall be in effect until September 30, 2015. Beginning Oct 1, 2015 this agreement may be renewed upon mutual consent of the City of Anna and Wellspring up to five (5) times in 1 year increments unless sooner terminated as set out in Paragraph G of the Agreement. Wellspring reserves the right to propose a new fee arrangement based upon the growth of the City and increased responsibilities. Proposed increases in fees by Wellspring will be presented to the City of Anna at least thirty (30) days prior to the beginning of each agreement year. m The City of Anna and Wellspring may terminate this agreement as set forth in the Professional Services Agreement. Any and all information accumulated by Wellspring pursuant to this Agreement, in whatever medium stored or created, will become the property of the City. Such property will be returned to the City as expeditiously as possible in the medium in which it was stored or created. The City agrees to reimburse Wellspring for any and all reasonable expenses incurred in the retrieval, preparation and transfer of such property to the City if the City requests the property in a medium other than how the property was stored or created. The terms and conditions of this proposal are valid for thirty (30) days. Acceptance of the Proposal The foregoing proposes our professional services to be provided to the City of Anna by Wellspring Insurance Agency, Inc. as outlined in the agreement, which is subject to changes or additions as agreed to by both parties. rd Proposed y: Wellspring Insurance Agency, Inc. Rodney Dryden -President Date:, Accepted y: City of Anna Philip Sanders, City Manager Date:/ 5