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HomeMy WebLinkAbout#5277 Agreement between the City of Canton And Wyman Group RESOLUTION NO 5277 A RESOLUTION APPROVING A CONSULTING AGREEMENT BETWEEN THE CITY OF CANTON AND THE WYMAN GROUP AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER SAID AGREMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the Insurance Committee of the City of Canton has determined that it is necessary and in the best interests of the City of Canton to enter into an agreement with The Wyman Group as set forth in Exhibit"A" attached hereto and incorporated herein for consulting services in connection with iinsurance benefits for the City of Canton; and WHEREAS,the City Council of the City of Canton has made a similar detf-rmination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS: 1. That the consulting agreement attached hereto and incorporated herein as-,-'. 'hibit "A" is hereby approved by the Canton City Council. 2. That the Mayor of the City of Canton, Illinois, or his designee, is hereby authorized and directed to execute said Letter of Understanding on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its, passage by the City Council of the City of Canton,Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting t:his 15 day of September 2020 upon a roll call vote as follows: AYES: Aldermen Justin Nelson, Angela Lingenfelter, Jeff Fritz, Ang.- sale, Craig West, John Lovell, Quin Mayhew,Andra Chamberlin NAYS: None ABSENT: None APPROVED: ent McDowe , or ATTEST: Dianaey-Rock, City Clerk Consulting Agreement This Consulting Agreement(Agreement) is between City of Canton, Illinois (Client) and Wyman Group (Consultant), effective as of October 1, 2020. WHEREAS, Client wishes to obtain the assistance of Consultant with strategic benefit planning, design,funding, administration and communication with respect to its employee benefit programs; WHEREAS, Consultant has superior knowledge and expertise in assisting employers with designing and servicing employee benefit plans; and WHEREAS,the parties wish to set forth their respective expectations; Now,therefore, for good and valuable consideration,the receipt and sufficiency of which is hereby mutually acknowledged, the parties hereby agree as follows: 1. Scope of Services.to be Provided by Consultant Consultant will provide Client with the consulting, actuarial and brokerage services listed below: A. Renewal Services. • Underwriting analysis of renewal • Creating actuarial rates • Interpret claims data and develop action plan • Insurance carrier contract renewal • Carrier evaluation • Voluntary needs analysis and market study • RFP creation • Plan design modeling • Ancillary lines of coverage renewal B. Strategic Services. • Employee questionnaire • Creation of employee benefits strategic plan • Benchmark plan design for comparison • New employee administration 0 Ongoing service with carrier C. Enrollment. • Employee enrollment meetings • Collection and review of enrollment materials • Enrollment communication to carrier • Enrollment communication campaign D. Employee Communication. • Employee newsletters • Benefits education campaign • Employee benefit statements E. Compliance Resources. • Health Care Reform news and information • Health Care Reform penalty modeling • Information on compliance with federal and/or state laws including: o COBRA o HIPAA o FMLA o Internal Revenue Code Section 125 o Medicare Part D o Additional employment laws • Summary Plan Description audit F. Human Resources. • Portal for employees to access HR/benefits information • Employee handbook • HR library of forms 2. Client's Responsibilities Client will make available such reasonable information as required for Consultant to conduct its services. Such data will be made available as promptly as possible. It is understood by Consultant that the time of Client's personnel is limited, and judicious use of that time is a requirement of this Agreement. Client will make timely payments of the service fees as set forth elsewhere in this Agreement. 2 3. Disclosure and Record keeping A. Full Disclosure. Client has the right to approve any arrangements and/or the utilization of any intermediaries in connection with, or arising out of, or in any way related to Client's insurance and risk management program. Consultant must seek approval from Client prior to the use of any of the above in connection with the Client's insurance and risk management program. B. Recordkeeping. Consultant will maintain accurate and current files including, but not limited to, insurance policies and correspondence with insurers or brokers in accordance with industry standard record retention practice or as otherwise directed by Client. 4. Term &Termination A. Term. The initial term of this Agreement shall be three years, commencing on October 1, 2020 and ending September 30, 2023. Thereafter, this Agreement will remain in effect until terminated as described below. B. Termination. This Agreement may be terminated by either party only as follows: a) Effective upon thirty (30) days' advance written notice to the other party stating that such other party is in breach of any of the provisions of this Agreement, provided such breach (if able to be cured) is not cured within fifteen (15) days after the notice is received; b) effective upon six(60) days' advance written notice to the other party given with or without reason; or c) By mutual written agreement of the parties. 5. Cost of Services Consultant's Professional Fees are based upon time expended by specific individuals. The fees do not include out-of-pocket expenses, including expenses related to travel outside of the state. Client agrees to pay Consultant Professional Fees as outlined in Exhibit 1. These annual fees are payable in semi-annual installments and Consultant agrees to submit invoices to Client on a semi-annual basis. Additional programs and services will be provided on a project basis for an additional fee to be disclosed in writing and shall be undertaken upon mutual agreement between Consultant and Client. 3 First year fees shall be $5,550 accounting for the year of 2020-21. Second year fees shall be $5,700; third year fees shall be $6,000. These amounts are payable on October 1 and April 1 of each year. In order to maintain impartiality, the Wyman Group shall receive no commission from carriers with whom the city of Canton is contracted. 6. Personnel Consultant will assign its personnel according to the needs of Client and according to the disciplines required to complete the appointed task in a professional manner. Consultant retains the right to substitute personnel with reasonable cause. 7. Records and Information Consultant agrees to keep any information provided by Client confidential and to exercise reasonable and prudent cautions in protecting the confidentiality of such information. If the services provided by Consultant involve the use of protected health information, Client and Consultant agree to enter into an appropriate business associate agreement. B. Independent Contractor. It is understood and agreed that Consultant is engaged by Client to perform services under this Agreement as an independent contractor. Consultant shall use its best efforts to follow written, oral or electronically transmitted (i.e., sent via facsimile or email) instructions from Client as to policy and procedure. 9. Fiduciary Responsibility. Client acknowledges that: (i) Consultant shall have no discretionary authority or discretionary control respecting the management of any of the employee benefit plans; (ii) Consultant shall exercise no authority or control with respect to management or disposition of the assets of Client's employee benefit plans; and (iii) Consultant shall perform services pursuant to this Agreement in a non-fiduciary capacity. Client agrees to notify Consultant as soon as possible of any proposed amendments to the plans' legal documents to the extent that the amendments would affect Consultant in the performance of its obligations under this Agreement. Client agrees to submit (or cause its agent, consultants or vendors to submit) all information in its (or their) control reasonably necessary for Consultant to perform the services covered by this Agreement. 4 10.Entire Agreement This constitutes the entire Agreement between the parties, and any other warranties or agreements are hereby superseded. Subsequent amendments to this Agreement shall only be in writing signed by both parties. City of Canton, Illinois Signature Date LI/2/ itle Wyman Group Signature Date Title 5 10.Entire Agreement This constitutes the entire Agreement between the parties,and any other warranties or . agreements are hereby superseded. Subsequent amendments to this Agreement shall only be in writing signed by both parties. City of Canton, Illinois Signature Date tie Wym roup --i- R1aaj�o�a BB ignature Date Title 5