2013-45 Workers Compensation Agreement with FMITRESOLUTION 2013 -45
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING A PROPOSAL FROM THE
FLORIDA MUNICIPAL INSURANCE TRUST TO PROVIDE WORKERS'
COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE COVERAGE
TO THE VILLAGE AND AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE ALL DOCUMENTS NECESSARY TO SECURE SUCH COVERAGE;
WAIVING THE VILLAGE'S PURCHASING POLICIES AND PROCEDURES;
APPOINTING THE GEHRING GROUP AS THE VILLAGE'S AGENT OF
RECORD FOR ITS WORKERS' COMPENSATION INSURANCE PLAN AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT
WITH THE GEHRING GROUP; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in an effort to control rising costs, the Village requested that The Gehring Group
provide proposals for Workers' compensation and employer's liability insurance coverage; and
WHEREAS, the Village wishes to accept the proposal submitted by the Florida Municipal
Insurance Trust ( "FMIT ") to provide Workers' compensation and employer's liability insurance
coverage and to appoint The Gehring Group as its agent of record for services relating to its
Workers' compensation insurance plan; and
WHEREAS, the acceptance of the proposal from FMIT represents a significant cost savings to
the Village and its residents, and the Village Council thereby determines that it is in the best
interests of the Village and its residents to waive the Village's purchasing policies and procedures.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are hereby ratified and incorporated herein.
Section 2. The Village Council hereby accepts the proposal submitted by Florida Municipal
Insurance Trust to provide Workers' compensation and employer's liability coverage to the Village
for fiscal year 2013/2014 at a total estimated cost of $261,679 and authorizes the Village Manager
to execute all documents necessary to secure such coverage effective October 1, 2013. The premium
may vary from the estimate based on the Village's actual payroll for the 2013/2014 fiscal year.
Section 3. The Village Council further appoints The Gehring Group as its agent of record
and authorizes the Village Manager to execute an Agreement to Provide Agent of Record
Services Relating to Workers' Compensation Insurance Plans, a copy of which is attached hereto
and incorporated herein.
Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
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Section 5. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 12th DAY OF SEPTEMBER, 2013.
(Village Seal)
ATTEST:
VILLAGE CLERK
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MAYOR
AGREEMENT TO PROVIDE AGENT OF RECORD SERVICES
RELATING TO WORKERS COMPENSATION INSURANCE PLANS
THIS AGREEMENT ( "Agreement ") is made this _ day of September, 2013, by and between the
VILLAGE OF NORTH PALM BEACH, located at 501 U.S. Highway 1, North Palm Beach, FL 33408,
hereinafter referred to as "VILLAGE ", and THE GEHRING GROUP, INC., with its principal place of
business located at 11505 Fairchild Gardens Avenue, Suite 202, Palm Beach Gardens, FL 33410, hereinafter
referred to as " GEHRING GROUP ".
RECITALS:
a. The VILLAGE is a municipal corporation existing under the laws of the State of Florida, and in the
conduct of its business, desires to obtain certain agent of record services relating to its Workers
Compensation Insurance Plan.
b. GEHRING GROUP is an active corporation, existing under the laws of the State of Florida,
experienced in the foregoing and agrees to perform these services for the VILLAGE under the terms
and conditions set forth in this Agreement.
In consideration of the mutual premises set forth in this Agreement, it is agreed by and between VILLAGE
and GEHRING GROUP as follows:
SECTION ONE
NATURE OF WORK
GEHRING GROUP will perform agent of record and advisory services on behalf of the VILLAGE with
respect to its Workers Compensation Insurance program, as more particularly described in the "SCOPE OF
SERVICES" as set forth in EXHIBIT "A ", attached hereto and incorporated herein by reference,
SECTION TWO
PLACE OF WORK
GEHRING GROUP agrees, on request, to come to the VILLAGE's offices in North Palm Beach, Florida, or
such other places as reasonably designated by the VILLAGE, to meet with representatives of the VILLAGE,
as necessary.
SECTION THREE
TIME DEVOTED TO WORK
In the performance of services, the services and hours GEHRING GROUP is to work on any given day, will
be entirely within GEHRING GROUP'S control and VILLAGE will rely upon GEHRING GROUP to
devote such time, as is reasonably necessary, to fulfill the intent and purpose of this Agreement, which is
initially to source and provide on a competitive cost basis, workers compensation insurance coverage
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required by the Village to be effective as of October 1, 2013. The VILLAGE will provide the necessary
support documents to GEHRING GROUP to implement the program for an October 1, 2013 effective date.
SECTION FOUR
PAYMENT
GEHRING GROUP will be compensated through payment of a service fee received from the carrier(s) or
Trust(s) who have contracted with the VILLAGE to provide coverage to the VILLAGE to GEHRING
GROUP as outlined in EXHIBIT `B" entitled "Compensation ". The annual services to be provided by the
GEHRING GROUP to the VILLAGE are described in EXHIBIT "A" entitled "SCOPE OF SERVICES TO
BE PROVIDED BY GEHRING GROUP." The undertaking by GEHRING GROUP to perform professional
services defined within this Agreement extends only to those services specifically described herein. If upon
the request of the VILLAGE, GEHRING GROUP agrees to perform additional services hereunder, the
VILLAGE shall pay GEHRING GROUP for the performance of such additional services an amount (in
addition to all other amounts payable under this Agreement) based on the hourly fees established and
thereupon agreed, plus reimbursable expenses incurred by GEHRING GROUP, pursuant to an addendum to
this Agreement is executed by the parties to this Agreement addressing the additional services.
SECTION FIVE
TERM
The term shall commence upon the parties' execution of the Agreement. ( "Commencement Date "). The term
of this Agreement shall be one year, and may be renewed for additional one year terms at the sole option of
the VILLAGE. The VILLAGE's option of extending the Agreement for each additional year shall be
deemed automatically exercised, unless the VILLAGE gives written notice to the GEHRING GROUP of its
intent not to exercise the option at least 90 days in advance of the anniversary of the Commencement Date.
SECTION SIX
STATUS OF GEHRING GROUP
This Agreement calls for the performance of the services of GEHRING GROUP as an independent
contractor, and GEHRING GROUP, an active Florida corporation, will not be considered an employee of the
VILLAGE for any purpose.
SECTION SEVEN
INDEMNIFICATION
GEHRING GROUP shall protect, defend, indemnify, and hold harmless, the VILLAGE, its employees,
agents, elected or appointed officials, and representatives from any and all claims and liabilities, including all
attorney's fees and court costs, including appeals, for which VILLAGE, its employees, agents, elected or
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appointed officials, and representatives can or may be held liable as a result of injury to persons or damage to
property occurring by reason of any negligent acts or omissions or willful misconduct of GEHRING
GROUP, its employees, or agents arising out of or connected with this Agreement or any breach of this
Agreement by GEHRING GROUP. GEHRING GROUP shall not be required to indemnify VILLAGE or its
agents, employees, or representatives when an occurrence results solely from the wrongful acts or omissions
of VILLAGE, or its agents, elected or appointed officials, employees, or representatives.
SECTION EIGHT
TERMINATION
Notwithstanding Section Five, the VILLAGE may terminate this Agreement for any reason, with or without
cause, by giving GEHRING GROUP 90 days advance written notice of the VILLAGE's intent to terminate
the Agreement.
SECTION NINE
MISCELLANEOUS
1. As an independent contractor, GEHRING GROUP shall pay all expenses in connection with its business
and GEHRING GROUP will not incur any indebtedness on behalf of VILLAGE with this
AGREEMENT.
2. In the event either party hereto shall file a lawsuit to enforce any of the terms hereof, the prevailing party
shall be entitled to recover all costs, charges, and expenses of enforcement, including reasonable
attorney's fees incurred in a trial of appellate proceeding.
3. This Agreement constitutes the entire Agreement between the parties relative to the transaction
contemplated herein and neither this Agreement nor any term or provision hereof may be waived, except
by an instrument in writing executed by the VILLAGE and GEHRING GROUP.
4. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Florida, and
the venue for any action brought or arising out of this Agreement shall be Palm Beach County, Florida.
5. Should any term or provision of this Contract be held, to any extent, invalid or unenforceable, as against
any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any
forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this
Contract, to the extent that the Contract shall remain operable, enforceable and in full force and effect to
the extent permitted by law.
6. This Contract may be amended, extended, or renewed only with the written approval of the parties.
7. This Contract states the entire understanding and agreement between the parties and supersedes any and
all written or oral representations, statements, negotiations, or agreements previously existing between
the parties with respect to the subject matter of this Contract. The GEHRING GROUP recognizes that
any representations, statements or negotiations made by VILLAGE staff do not suffice to legally bind the
VILLAGE in a contractual relationship unless they have been reduced to writing and signed by an
authorized VILLAGE representative. This Contract shall inure to the benefit of and shall be binding
upon the parties, their respective assigns, and successors in interest.
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IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this Contract
on the date first written above.
ATTEST:
BY: Zt�—'w
MELISSA TEAL
VILLAGE CLERK
(VILLAGE SEAL)
VILLAGE OF NORTH PALM BEACH,
FLORIDA
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Approved as to form and legal suf 'ency
BY:
LEONARD G. RUBIN
VILLAGE ATTORNEY
EXHIBIT A
SCOPE OF SERVICES TO BE PROVIDED BY GEHRING GROUP
Injury Management
• Assist with establishing written policies and procedures for work place injuries
• Assist with establishing incident and injury reporting procedures
• Provide training and education to supervisors and employees regarding workers'
compensation procedures and statutory requirements
• Work with medical providers to implement consistent treatment and reporting policies
• Provide service to assist management with initial claim assessment
• Review injuries within forty -eight (48) hours of occurrence upon request
• Assist with establishing written policy and assignment of "light duty"
• Act as liaison with adjuster to facilitate complete treatment, MMI assessment and release
to "full duty"
Legal Administration Sup oo
• Assist in production of records to claimant counsel
• Act as liaison to claimant attorney and carrier assigned counsel as needed
• Assist with mediation following through to claim settlement
Safety Programs
• Provide written safety procedure templates as requested
• Provide safety training and education to supervisors & employees
• Conduct monthly /quarterly departmental safety meetings as required
• Provide literature and topics for monthly safety meetings
• Assist with updating safety programs as necessary
• Participate and assist with on -site safety inspections
• Act as liaison to safety /loss control inspections with outside examiners
• Provide research and recommendations regarding safety incentive programs
• Write safety incentive program and present to management
• Implement safety incentive program
Analytical Services
• Produce annual audit, based on actual payroll and exposure
• Provide projected workers' compensation costs for budgetary purposes
• Review quarterly losses and assess reserves with adjuster as necessary
• Produce RFP for workers' compensation coverage, if needed
• Evaluate RFP submittals consistent with the needs of the Village
• Prepare final written recommendation for coverage
• Present evaluation recommendation to management and staff
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EXHIBIT "B"
Compensation
Pereentne Fee / Annual Flat Fee:
GEHRING GROUP will be paid a commission or service fee equal to 5% of the insurance
premiums secured by GEHRING GROUP. This commission or service fee will be paid by the
insurance providers on a quarterly basis, for the fiscal year (October 1 — Sept 30).
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