R17-042 1 RESOLUTION NO. R17-042
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE AWARD OF
5 RFP #015-1210-17/JMA FOR PENSION BENEFIT
6 CONSULTANT SERVICES TO AON CONSULTING,
7 INC., AUTHORIZING THE CITY MANAGER TO
8 SIGN A PROFESSIONAL SERVICES AGREEMENT
9 BETWEEN THE PARTIES FOR A PERIOD OF
10 TWELVE MONTHS WITH TWO ADDITIONAL
11 ONE-YEAR RENEWAL PERIODS; AND PROVIDING
12 AN EFFECTIVE DATE.
13
14
15 WHEREAS, on February 7, 2017, Procurement Services opened and tabulated
16 four (4) proposals in response to the "Request for Proposal for Pension Benefit Consultant
17 Services"; and
18 WHEREAS, this RFP was issued to secure a qualified and responsible company
19 to review and comment on the City's three (3) pension actuary reports
20 WHEREAS, after review and evaluation it has been determined appropriate by
21 staff to recommend award of this RFP to Aon Hewitt whose RFP was overall responsive
2 and responsible proposer; and
23 WHEREAS, upon recommendation of staff, the City Commission of the City of
2, Boynton Beach does hereby approve the award of RFP No.015-1210-17/JMA to Aon
2 Hewitt of Tampa Florida.
2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
2• as being true and correct and are hereby made a specific part of this Resolution upon
31 adoption hereof
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31 Section 2. The City Commission of the City of Boynton Beach, Florida,
32 hereby approves the award of RFP No. 015-1210-17/JMA to Aon Hewitt of Tampa
33 Florida for Pension Benefit Consultant.
34 Section 3. That the City Manager is hereby directed to execute a one (1) year
35 contract with the option to renew the contract at the same terms, conditions and prices for
36 two (2) additional one (1) year periods for Pension Benefit Consultant between the City of
37 Boynton Beach and Aon Consulting, Inc., a copy of which is attached hereto.
38 Section 4. That this Resolution shall become effective immediately.
39 PASSED AND ADOPTED this gjl'iday of_ar , 2017.
40 CITY OF BOYNTON BEACH, FLORIDA
41
42 YES NO
43
44 Mayor— Steven B. Grant
45
46 Vice Mayor—Justin Katz
47
48 Commissioner—Mack McCray
49
50 Commissioner—Christina L. Romelus
51 /
52 Commissioner—Joe Casello
53
5-
55 VOTE
56 ATTEST:57 c___
59 Judith A. Pyle, CMC
Ci / lerk
60 V/i
61
6 (Corporate Seal)
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Professional Services Agreement
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City ", and Aon Consulting, Inc., Operating as Aon Hewitt hereinafter referred to as
the "Professional ", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
PROJECT DESIGNATION. The Professional is retained by the City to evaluate the
September 30, 2016 Actuarial Valuation, evaluate the plans and benefit structures and any
other factors effecting the cost of the Plans, propose along -term plan to reduce the annual
contribution to fund pension liability and develop alternatives that would maintain
competitiveness.
2. SCOPE OF SERVICES. Professional agrees to perform the services as outlined in RFP No.
015 - 1210- 17 /JMA, and Pension Benefit Consultant's proposal, dated February 7, 2017,
incorporated herein: Price Proposal. Modifications can be made to the scope of work with
the written approval of the City Manager or her designee.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written
notice by the City to the Professional to proceed. Professional shall perform all services and
provide all work product required pursuant to this agreement upon written notice to proceed.
4. TERM: This Agreement shall be for a period of 12 (Twelve) Months commencing on _
_May 1_, 2017. This Agreement may be renewed at the same terms, conditions, and
prices, for two (2) subsequent one -year periods subject to Professional's acceptance,
satisfactory performance, and determination that renewal will be in the best interest of the
City.
5. PAYMENT. The Professional shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Professional shall be made promptly, in accordance
with Florida's Local Government Prompt Payment Act (sec. 218.70 -80, Florida Statutes) on
all invoices submitted to the City properly and in accordance with "PRICE PROPOSAL" that
vendor submitted with proposal dated February 7, 2017, Lump Sum of $35,000 and
Additional services hourly rate of $399.
b. The Professional may submit invoices to the City once per month during the progress of
the contract term.
c. Final payment of any balance due the Professional of the total price earned will be made
promptly upon its ascertainment and verification by the City after the completion of the work
under this Agreement and its acceptance by the City.
d. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
e. The Professional's records and accounts pertaining to this agreement are to be kept
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available for inspection by representatives of the City and State for a period of three (3)
years after the termination of the Agreement. Copies shall be made available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS.
(a) The Professional has created, acquired or otherwise has rights in, and may, in
connection with the performance of Services hereunder, employ, provide, modify,
create, acquire or otherwise obtain rights in, various concepts, ideas, methods,
methodologies, procedures, processes, know -how, and techniques (including,
without limitation, function, process, system and data models); templates; software
systems, user interfaces and screen designs; general purpose consulting and
software tools; websites; benefit administration systems; and data, documentation,
and proprietary information and processes ( "Professional Information ").
(b) All right, title and interest in and to any data, information and other materials
furnished to the Professional by the City hereunder ( "City Information ") are and shall
remain the City's sole and exclusive property. The City grants to the Professional a
license to use such City Information to provide the services. Except as provided
below, upon full and final payment to the Professional hereunder, any Professional
work product which the parties expressly agree is created solely and exclusively to
be owned by the City (the "Deliverables "), if any, shall become the property of the
City. To the extent that any Professional Information is contained in any of the
Deliverables, subject to the terms of this Agreement, the Professional hereby grants
to the City a paid -up, royalty -free, nonexclusive license to use such Professional
Information solely for the City's internal use in connection with the Deliverables.
(c) To the extent that the Professional utilizes any of its property, including, without
limitation, the Professional Information, in connection with the performance of
services, such property shall remain the property of the Professional and, except for
the limited license expressly granted in the preceding paragraph, the City shall
acquire no right or interest in such property. The City will honor Professional
copyrights, patents, and trademarks relating to services, Deliverables and
Professional Information, and will not use Professional's name or other intellectual
property without the Professional's prior written consent.
7. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the Professional in its role as a service
provider.
8. INDEMNIFICATION AND LIABILITY. Professional shall indemnify and hold harmless the
City, its offices, agents and employees, from and against any and all claims, losses or
liability, or any portion thereof, including fees and costs (collectively a "Loss" or "Losses "),
arising from (i) injury or death to persons, including injuries, sickness, disease or death to
Professional's own employees, (ii) damage to property occasioned by a negligent act,
omission or failure of the Professional or (iii) failure to comply with the applicable terms and
conditions of this Agreement. If the City suffers Losses (regardless of whether such Loss is
based on breach of contract, tort, strict liability, breach of warranties, failure of essential
purpose, statutory liability or otherwise) as a result of the Professionals' breach of its
obligations under this Agreement, the Professional will be liable to the City for Losses
incurred by the City up to by not exceeding an amount equal to three times the total fees
paid or to be paid to Professional pursuant to this Agreement
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In no event, will either party be liable to the other party for any indirect, incidental, special,
consequential, punitive or other damages.
9. INSURANCE. The Professional shall secure and maintain in force throughout the duration
of this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000
per occurrence /aggregate for property damage, and professional liability insurance in the
amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition
to limits; workers' compensation insurance, and vehicular liability insurance.
Said general liability policy shall include the City of Boynton Beach as an "additional
insured." Certificates of coverage as required by this section shall be delivered to the City
within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the Professional
is an independent contractor with respect to the services provided pursuant to this
agreement. Nothing in this agreement shall be considered to create the relationship of
employer and employee between the parties hereto. Neither Professional nor any employee
of Professional shall be entitled to any benefits accorded City employees by virtue of the
services provided under this agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
Professional, or any employee of Professional.
11, COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Professional, to solicit or secure this contract, and that he has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for
the Professional, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The Professional, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Professional shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the City, which consent shall not be
unreasonably withheld or delayed, except the Professional may assign its rights and
obligations to an affiliate entity controlled by, controlling or in common control with the
assigning party.
14. NON - WAIVER. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving thirty
(30) days written notice to the Professional.
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b. Either party may terminate this Agreement or the SOW for cause upon thirty (30) days
prior written notice to the other party, provided that such other party shall have the
opportunity to cure any breach within such thirty (30) days.
c. In the event of the death of a member, partner or officer of the Professional, or any of
its supervisory personnel assigned to the project, the surviving members of the
Professional hereby agree to complete the work under the terms of this Agreement, if
requested to do so by the City. This section shall not be a bar to renegotiations of this
Agreement between surviving members of the Professional and the City, if the City so
chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 -0310
Notices to Professional shall be sent to the following address:
Mark Meyer, Partner
Aon Hewitt Consulting, Inc.
7650 W Courtney Campbell Causewa
Waterford Plaza
Tampa, FL 33607
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Professional and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and
Professional.
19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes
119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
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B. Upon request from the CITY's custodian of public records, provide the CITY with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and, following completion of the contract, Contractor
shall destroy all copies of such confidential and exempt records remaining in its
possession once the Contractor transfers the records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the
CITY, all public records in Contractor's possession All records stored electronically by
Contractor must be provided to the CITY, upon request from the CITY'S custodian of
public records, in a format that is compatible with the information technology systems of
the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
JUDY PYLE, CITY CLERK
100 E BOYNTON BEACH BLVD.
BOYNTON BEACH, FLORIDA, 33435
561 - 742 -6061
PYLEJ @BBFL.US
(00191367.2306 - 9001821) 5
DATED this _,L14 � day of 20-M
CITY OF BOYNTON BEACH
V
Lori LaVerriere, ity Manager
Attest /Authenticated:
Judy le, CI
Professional
(Corporate Seal)
Secretary
AON CONSULTING, INC.
......_..... _._.
By: t�
Name: Jennifer Henrikson
Title: VP -Legal
Date: Auqust 10, 2017
Title
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