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HomeMy WebLinkAboutbocc.con.062.2011 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING /ARCHIVING CONTRACT #: 062 -2011 ORIGINATING DEPARTMENT/DIVISION: Human Resources CONTACT PERSON: Kris Jewkes PHONE #: 429 -2795 PROJECT NAME: BENEFITS CONSULTANT/BROKER • ❑ BOCC AGENDA ITEM El STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (per Revised Procurement Code 7/2005) ❑ Over $50,000 (Requires County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: None ❑Informal ®Formal ['Sole Source ❑Emergency ❑State Bid ❑ ['Compliance with House Bills 06 -1343 and 07 -1073 — Immigration Form (Under $10,000, Letters of Engagement, et O DOLLAR AMOUNT: $28,500 BUDGET LINE ITEM/LEDGER NUMBER: 421.90.00000.82420 ✓ CHECK CONTRACT TYPE: ®Services /Maintenance ❑Employment (for county employees) ❑License/Use ['Intergovernmental Agreement (Requires BOCC Action) ['Lease ❑Non -Profit ['Construction ❑Quasi - Public ['Goods, Equipment, Supplies ['Grant Agreements (Requires BOCC Action) [Other (e.g. revenue) ['Change Order /Contract Amendment CONTRACTOR: Holmes Murphy Associates COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor) Contract Execution Date:4 /1/2011 Contract End Date: 3/31/2014 Automatic Renewal: Yes ❑No Term of Contract: 3 years STOP All Contracts should be proofed for the following: ✓ No Pages Missing ✓ ®If a Page is Left Intentionally Blank —Note on Page ✓ Page numbered consecutively ✓ ®All Signatures Affixed ✓ ®All Dates Filled In ✓ ®All Other Blanks Filled In ✓ ❑All Exhibits Attached ✓ ZHB 06 -1343 and 07 -1073 (Immigration Legislation) Included in RFP and/or Contract ✓ ®All Legal Descriptions Attached (if applicable) ✓ ['Notice of Award/Notice to Proceed Attached (if applicable) ✓ Warranty (if applicable) ✓ ®Special Instructions for Finance Department: ✓ ®Sent to Clerk and Recorder for Scanning/Archiving ✓ Authorized Staff Person's Name: Kris Jewkes completed checklist on behalf of County signer, Dannette Logan BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. Contract #062 -2011 Rev. 12/27/10 jls Ledger #421.90.00000.82420 f) pT K Lt1 . r r►- ,r. T C otir N 'I ' , ru --. -, 7 "* -- .*" 'i:/** - — * . : , "'*4* e.,',t -°, e-,'„. , i ,;,,,,' ---- - $„,,... , CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ( "County ") and Holmes Murphy Associates (hereinafter "Contractor "). 1. Term. The term of this contract is from April 1, 2011 to March 30, 2014. At the expiration of the initial term, the contract may be extended for an additional term of one year by the express written consent of both parties. 2. Contractor's Obligations. (Scope of Work): i. Assisting the County in administering all group insurance plans, responding to questions from and providing information to staff and providing other consulting services during the course of the plan year. ii. Researching and advising the County of any new developments in the law and employee benefit programs on an ongoing basis to ensure compliance. iii. Auditing and analyzing claims experience, claim service and claim administration to ensure maximum benefit to the County. iv. Assisting with identification and review of goals and objectives and/or changes to benefit programs. v. Determining and recommending the most economical funding methods for the benefit programs using plan funding analysis and actuarial analysis. Identify short term and long term options of existing partially self funded contract versus fully insured alternative. vi. Representing the County in all negotiations with providers on all issues including those related to premiums fees, benefit levels, plan design, and special terms and conditions. vii. Meeting with and providing reports to various County representatives including Human Resources staff and the Employee Benefits Committee. viii. Assisting the County with the implementation and communication of new programs or changes to existing programs, including, but not limited to attending, and presenting information at Open Enrollment meetings. 1 Contract #062 -2011 Rev. 12/27/10 jls Ledger #421.90.00000.82420 ix. As requested by the County, preparing bid specifications and soliciting proposals from insurance markets which specialize in group insurance plans as needed. Evaluating bids and bidders, including administration, claim payment procedures, customer service, network, reserve establishment policies, financial soundness and identifying the most cost - beneficial package from among the various bidders. x. Providing consulting and technical support to implement web portal including online Benefits Open Enrollment services to employees. xi. Interfacing with insurance carriers as needed to assist the County in the resolution of problems associated with the benefit programs. xii. Providing technical accuracy for plan documents. xiii. Providing Compass Professional Health Services to provide members with a patient advocacy resource, cost of care transparency, doctor screening and network confirmation, carrier and physician communication, medical bill review and claim problem resolution. Compass is a partner of Holmes Murphy and this is a service that is provided within our agreed upon fee structure. xiv. Anticipated term of contract, three (3) years with one (1) year renewal thereafter. 3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph 2. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of $28,500 for all services rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice, but any payment by the County may be offset by any amount the Contractor owes the County for any reason 4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials produced in the course of this contract for marketing purposes and professional presentations, articles, speeches and other business purposes. 2 • Contract #062 -2011 Rev. 12/27/10 jls Ledger #421.90.00000.82420 5. Pitkin County's Obligations. Pitkin County shall administer this contract through a County Representative. Dannette Logan will manage the project as the County's Representative. In the event that Dannette Logan is not available, Kris Jewkes shall assume the County Representative's duties. The services provided and products delivered by the Contractor under this contract will be subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final payment. 6. Termination Prior to Expiration of Contract Term. The County has the right to terminate this contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this contract shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the contract for any satisfactory work completed pursuant to the terms of this contract prior to the date of termination. Not withstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Contractor. 7. Independent Contractor Status. A. The parties to this contract intend that the relationship between them contemplated by the contract is that of independent Contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this contract. Contractor may choose to work for other individuals or entities during the term of this contract, provided that the basic services and deliverable products required under this contract are submitted in the manner and on the schedule defined under this contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor's obligations under this contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this contract. E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. 8 Assignability. This contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this contract must be accepted in writing by the County. 9. Binding Arbitration. Any disputes arising out of this contract shall be subject to binding arbitration. The parties agree that any disputes concerning the terms and conditions of this contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the 3 • Contract #062 -2011 Rev. 12/27/10 jls Ledger #421.90.00000.82420 Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. 10. Severability. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto 11. Integration and Modification. A. This contract represents the entire and integrated contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this contract. 12. Indemnity. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (in- cluding costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Contractor, and for any consequential liability alleged to accrue against the County on account of the Contractor's acts, errors or omissions; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 13. Insurance. A. In whole or in part, the Contractor shall secure and maintain for the term of its contractual relationship with the County such insurance policies, from companies licensed in the State of Colorado, as will protect itself, and the County from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X ", are required: 1. Statutory Workers' Compensation: Colorado statutory minimums 4 Contract #062 -2011 Rev. 12/27/10 Ledger #421.90.00000.82420 2. Commercial General Liability — ISO 1998 Form or equivalent (With County named additional insured) Each Occurrence Limit $1,000,000.00 General Aggregate Limit $2,000,000.00 Products /Completed Operations Aggregate Limit $2,000,000.00 Comprehensive Form (All risks) to include: X Premises /Operations Underground, Explosion & Collapse Hazard X Products /Completed Operations X Contractual Liability X Independent Contractors and Subcontractors X Broad Form Property Damage X Personal Injury 3. Business Auto Coverage: Combined Single Limit Liability (each accident) $1,000,000.00 4. Special Coverages (check as appropriate and insert amount): (1) Performance Bond Labor and Material Payment Bond (2) Professional Errors and Omissions (3) Aircraft Liability (4) Owner's Protective (5) Builder's Risk (6) Boiler and Machinery (7) Loss of Use Insurance (8) Pollution Liability (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1. To provide evidence of the required insurance coverage, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County through the representative identified in Paragraph 5, no later than ten (10) calendar days prior to commencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any contract. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the County (through the County's Risk Department). (For purposes of this provision, "materially altered" shall mean a change affecting the coverage's required herein, including a change to policy limits as set out in the then - current policy declarations page). 5 Contract #062 -2011 Rev. 12!27110 jls Ledger #421.90.00000.82420 Simultaneously with the Certificates of Insurance, the Contractor shall file with the County's Risk Department (and promptly update, as necessary) a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 2. In addition, these Certificates of Insurance shall contain the following clauses: a. The clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles in the above - described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. d. Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." 3. Certificates of Insurance for all renewal policies shall be delivered to the County's Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this contract or thereafter. 4. The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this contract. 14. Exemptions and Preferences. All purchases of construction or building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98 -02624 and 84- 78000 -5K. 15. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this contract for a period of three (3) years after final payment under the contract and the County shall have the right within the three (3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the contract and applicable law. 16. Contract Made in Colorado. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 17. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. 6 Contract #062 -2011 Rev. 12/27/10 its Ledger #421.90.00000.82420 18. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24 -10 -101, et. Seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 19. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed or interpreted as creating a multiple - fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. 20. Notice. Any written notice required by this contract shall be deemed delivered through any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: A. To Pitkin County with copies to: Dannette Logan Pitkin County Attorney's Office 530 East Main Street #202 530 E. Main Street, #302 Aspen, Colorado 81611 Aspen, Colorado 81611 Fax: (970) 920 -5049 Fax: (970) 920 -5198 B. To Contractor: John Gardner John West 5347 South Valentia Way, Suite 350 Greenwood Village, Colorado 80111 Fax 888- 898 -6390 21. Illegal Aliens — Public Contracts for Services 7 Contract #062 -2011 Rev. 12/27/10 jls Ledger #421.90.00000.82420 In conformance with the provisions of C.R.S. § 8- 17.5 -101 and 102, as amended; 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 3. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the E- Verify Program or the Department Program. 4. Contractor shall use either the E- Verify Program or the Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. 5. Should Contractor obtain actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Contractor shall be required to: (a) Notify the subcontractor and the County within three days that the contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; (b) Terminate the subcontract with the subcontractor if within three days of receiving the required notice the subcontractor does not stop employing or contracting with the illegal alien; except that the contractor shall not terminate the contract with the subcontractor if the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien; 6. Contractor shall comply with any reasonable request by the department made in the course of an investigation that the department is undertaking pursuant to C.R.S. 8- 17.5- 102(5). IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. CONTRACTOR: B Title ) 10, 6 3 ©- 0 Date 8 Contract #062 -2011 Rev. 12/27/10 jls Ledger #421.90.00000.82420 BOARD of COUNTY COMMISIONERS OF PITKIN COUNTY, COLORADO: Author d Signer Date 9