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Employee Benefits Consultant Agreement

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Employee Benefits Consultant Agreement Powered By Docstoc
					This Employee Benefits Consultant Agreement is made between a consultant and a
company for the provision of employee benefits consulting services. This document
contains the material terms and conditions of the agreement including the specific
services to be provided, the payment details, and the term of the agreement. It includes
numerous standard provisions that are commonly found in these types of agreements
and may be customized to fit the specific needs of the parties. This should be used by
companies and employee benefits consultants when entering into an agreement for
services.
                         CONSULTING AGREEMENT
THIS CONSULTING AGREEMENT ("Agreement") is made and entered into as of
the ___ day of _____, 20__, [Instruction: Insert date.] by and among _____
[Instruction: Insert company name.], a _____ [Instruction: Insert company
formation information.] ("Company"), and _____ [Instruction: Insert consultant’s
name.] ("Consultant").
                                    WITNESSETH:
WHEREAS, Consultant is recognized as _____ [Instruction: Insert area of expertise.];
and
WHEREAS, the Company desires to retain Consultant to provide services related to and
in support of efforts in which Consultant has expertise; and
WHEREAS, Consultant is in the business of providing such consulting services and
has agreed to provide the services in accordance with the terms and conditions set forth in
this agreement.
NOW, THEREFORE, in consideration of this Agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
   1. Consultant shall furnish the Company with his best advice, information, judgment
      and knowledge with respect to the services related to and in support of efforts in
      which Consultant has expertise which is to be provided in accordance with this
      Agreement. Specifically, Consultant shall _____. [Comment: Insert specific
      duties Consultant shall have under Agreement.]
   2. The Consultant will _____ [Instruction: Insert broad details of what
      consultant will do, e.g., review Company’s current employee benefits
      package, consult with current employees regarding current benefits, etc..].
   3. The term of this Agreement shall begin on _____ [Instruction: Insert
      commencement date.] and shall, subject to the provisions for termination set
      forth herein, continue until and terminate on _____ [Instruction: Insert
      termination date.].
   4. For all services that Consultant renders to the Company or any of its subsidiaries
      or affiliates during the term hereof, the Company will pay Consultant a retainer of
      $_____ per month, payable on the first day of the month. If this agreement
      terminates on a date other than the first of a month, a prorated share of the
      minimum fee will be due for the final month. Consultant agrees that during the
      term he/she will devote up to ____ (__) days per month to his/her Duties.
      [Instruction: Insert applicable payment agreement, including any revision to
      the hours/days of services. Parties may also wish to consider whether or not
      such payment includes work for any of Company’s subsidiaries or affiliates,
      or just Company and make necessary appropriate changes.] Late payments
      by Company shall be subject to late penalty fees of _____% [Instruction: insert
      number] per month from the due date until the amount is paid.




© Copyright 2012 Docstoc Inc.                                                             2
   5. [Optional: If expenses are to be paid, same should be carefully set forth in
      this paragraph.] Company also agrees to pay Consultant’s fees for all third party
      charges incurred on Company’s behalf at our net cost. Company shall reimburse
      Consultant for all travel expenses, including but not limited to hotels, meals, etc.,
      in connection with servicing Company’s account. Such reimbursement shall not
      be limited to the above, and may include special services and charges originated
      on Company’s behalf by Consultant, incurred in servicing Company’s account.
   6. The parties hereto agree this Agreement is for consulting services within _____.
      [Instruction: Insert geographical region, for example, the United States. This
      language will be particularly useful if Company has more than one location.
      Otherwise, it may be tailored to state the specific location at which
      Consultant will perform services.] Any material to be created by Consultant or
      services to be performed by Consultant on Company’s behalf for any area outside
      the foregoing shall be pursuant to a separate agreement, or a modification or
      amendment of this Agreement.
   7. Consultant shall make reasonable efforts to inform Company of changes in
      employee benefits law or regulation applicable to this Agreement, and shall notify
      Company in the event any of Company’s practices shall become illegal during the
      term of this Agreement. Consultant shall not be required to knowingly perform
      any services hereunder which are or become illegal during the term of this
      Agreement. Any such failure to perform such illegal services by Consultant shall
      not be considered a breach or default hereunder and shall not give rise to a right of
      termination for cause by Company.
   8. To the extent one or more of Company’s employee benefits plans are subject to
      the Employee Retirement Income Security Act, as same may be amended from
      time to time (“ERISA”) and in spite of any other provision in this Agreement to
      the contrary, the parties hereto hereby agree and acknowledge, Consultant’s
      services hereunder are not intended to impose upon Consultant or any of its
      affiliates a fiduciary status as same is defined and further set forth in ERISA; and
      this Agreement does not provide Consultant (and Company shall not cause,
      impose upon Consultant or permit Consultant to assume (without its express
      written consent)) any (1) discretionary authority or control respecting
      management of any employee benefit plan within the meaning of applicable
      sections of ERISA; (2) authority or control respecting management or disposition
      of the assets of any ERISA benefits plan; or (3) discretionary authority or
      responsibility in the administration of any ERISA benefits plan. Consultant may
      rely upon, and shall have no independent obligation to verify the accuracy,
      completeness or authenticity of any written instructions or information provided
      to Consultant by Company or its representatives and reasonably believed by
      Consultant to be genuine and authorized by Company.

   9. Consultant shall not be obligated to perform and Company will not request
      performance of any services which may be deemed to constitute the unauthorized
      practice of law. Company will be solely responsible to obtain legal advice,




© Copyright 2012 Docstoc Inc.                                                            3
      reviews and/or opinion as necessary or advisable in Company’s sole discretion,
      and at Company’s sole cost and expense.

   10. Any choice of employee benefit plans shall be in Company’s sole and final
       discretion. Consultant makes no guarantee or warranty with respect to the
       solvency, security or conduct of any such company with which Company enters
       into a business agreement.

   11. Company understands, acknowledges and agrees that Consultant will use his
       professional judgment to access those employee benefit plan providers it believes
       are best suited to Company’s needs, however, Consultant makes no representation
       or warranty that such are the only such companies or that same are the best suited.

   12. Except as required in the performance of its obligations under this Agreement or
       with the prior written authorization of the Company, Consultant (including for
       purposes hereof, its employees, agents, representatives, consultants and
       contractors) shall not directly or indirectly use, disclose, disseminate or otherwise
       reveal any confidential information, including but not limited to information
       regarding Company personnel, and shall maintain confidential information in
       confidence for a period of five (5) years from the date of termination or expiration
       of this Agreement, for whatever reason except as otherwise required by applicable
       law (including in any such instance in which applicable law requires such
       information to remain confidential in perpetuity). Upon termination or expiration
       of this Agreement for any reason whatsoever, Company and Consultant shall
       leave with or return to the other all documents, records, notebooks, computer
       files, and similar repositories or materials containing confidential information of
       the other party and such other party's affiliates, including any and all copies
       thereof. [Comment: Parties may also wish to consider inserting in this
       paragraph any specific information regarding who Consultant may disclose
       to at Company, and whether such disclosure may be verbal or written.]
   13. All original works of authorship resulting from Consultant’s performance of his
       duties hereun
				
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Description: This Employee Benefits Consultant Agreement is made between a consultant and a company for the provision of employee benefits consulting services. This document contains the material terms and conditions of the agreement including the specific services to be provided, the payment details, and the term of the agreement. It includes numerous standard provisions that are commonly found in these types of agreements and may be customized to fit the specific needs of the parties. This should be used by companies and employee benefits consultants when entering into an agreement for services.