CITY OF IRONDALE

CONTRACT FOR PROFESSIONAL SERVICES

This contract for services is made effective as of the ____ day of ____ by and between the CITY OF IRONDALE and Creative Benefits Solutions LLC (hereinafter “CBS”).

  1. Description of Services. Pursuant to this agreement CBS will provide the following services:
  • Provide assistance and analysis for restructuring pre 65 and post 65 retiree medical and pharmacy benefits
  • Manage and conduct open enrollment process
  • Prepare Affordable Care Act Reports for Municipalities
  • Provide assistance and analysis of flexible benefit strategies, account-based programs (Health Savings Accounts or Health Reimbursement Accounts)
  • Assess and review medical and dental plan under Local Government Health Insurance Plan
  • Provide employee/employer COBRA funding levels contribution
  • Assist and support the Human Resource Department with eligibility, billing, employee claim-related issues, and research on benefit-related topics
  1. Payment for Services. In exchange for the services provided by CBS the CITY OF IRONDALE will pay a $1,208.00 retainer per month for a period of one (1) year.
  1. Billing. CBS will bill the first month’s retainer on the ____ day of ______. Thereafter, monthly retainer payments are due by the 5th of each month.
  1. Expenses.CBS will bill/report all direct expenses with receipts separately for items related to the project that include off-site meeting/interview facilities, document reproduction, etc. CBS shall consult the CITY OF IRONDALE, in writing, prior to conducting any activity which will cause the CITY OF IRONDALE to incur the above-described expenses.
  1. Term. The term of this contract will be for one (1) year beginning on the ___ day of ______. If the contract is not renewed prior to the expiration date the contract will automatically expire. The contract may be renewed by executing a new contract between the parties.
  1. Confidentiality. CBS will not at any time or in any manner, either directly or indirectly, use for the personal benefit of CBS, or divulge, disclose, or communicate in any manner, any information that is proprietary. This provision will continue to be effective after the termination of this contract.
  1. Warranty.CBS shall provide its services and meet its obligations under this contract in a timely and workman like manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in CBS’s field.
  1. Client Responsibilities. The CITY OF IRONDALE will deliver accurate information to CBS in a timely manner. The CITY OF IRONDALEwill review all contracts, project documents, endorsements and recommendations when delivered and will advise CBS promptly of any questions the CITY OF IRONDALE may have or of any documents or provisions which the CITY OF IRONDALE believes is not in accordance with the CITY OF IRONDALE’s instructions.
  1. Remedies. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this contract, the other party shall provide written notice that a default has occurred. The defaulting party shall be given 30 days to remedy the issue that caused default. If after 30 days the issue is not remedied by the defaulting party, the other party may terminate the contract by providing written notice to the defaulting party. This notice shall describe in sufficient detail the nature of the default. In the event that the contract is terminated payment will be prorated based on the amount of time that has passed in the specific contract year.
  1. Entire Agreement. This contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this contract. This contract supersedes any prior written or oral agreements between the parties.
  1. Severability. If any provision of this contract is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this contract is invalid of unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
  1. Excessively Broad Provisions. If any provision (or part of a provision) contained in this agreement shall for any reason be held to be excessively broad as to duration, activity or subject, shall be construed by limiting and reducing it so as to be enforceable to the fullest extent compatible with the applicable law.
  1. Amendment. This contract may be modified or amended in writing, if the writing is signed by both parties.
  1. Governing Law. This contract shall be construed in accordance with the laws of the State of Alabama.
  1. Assignment. Neither party may assign or transfer this contract without prior written consent of the non-assigning party.
  1. Indemnity and Hold Harmless Agreement. CBS agrees to indemnify and hold harmless the CITY OF IRONDALE, its officer, agents and employees from any liability arising from the negligence of CBS, its officers, agents or employees.
  1. Audits. During the term of this contract and for three years thereafter, the CITY OF IRONDALE may audit CBS’s records and accounts directly related to the contractual relationship between the CITY OF IRONDALE and CBS. This audit shall be conducted at the expense of the CITY OF IRONDALE. The CITY OF IRONDALE shall give CBS advance written notice and conduct the audit during CBS’s normal business hours in a manner which is not unduly disruptive to CBS’s ongoing business.
  1. Plan Modification.Plans can be downgraded with a 90-day notice to CBS. There shall be one plan change per contract term.

CITY OF IRONDALE, ALABAMA

______

NAME: TOMMY JOE ALEXANDER

TITLE: MAYOR

ATTEST:

______

NAME: JAMES STEWART, JR.

TITLE: CITY CLERK

CREATIVE BENEFITS SOLUTIONS, LLC

______

NAME: MARK JOHNSON

TITLE: Owner

WITNESS______Address for giving notices:

WITNESS ______Address for giving notices: