R22-114 RESOLUTION NO. R22-114
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4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AN AGREEMENT WITH UNUM LIFE INSURANCE
6 COMPANY OF AMERICA (UNUM) FOR GROUP SHORT TERM
7 DISABILITY AND LONG TERM DISABILITY INSURANCE FROM
8 OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2023;
9 AUTHORIZING THE INTERIM CITY MANAGER TO SIGN THE
10 PROVIDER AGREEMENT AND PROVIDING AN EFFECTIVE
11 DATE.
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14 WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation
15 of staff, deems it to be in the best interests of City employees to approve a Provider Agreement
16 with Unum for the Short Term Disability and Long Term Disability Insurance plan for a term
17 commencing October 1, 2022 to September 30, 2023, for City employees.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
19 BOYNTON BEACH, FLORIDA, THAT:
20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
21 being true and correct and are hereby made a specific part of this Resolution upon adoption
22 hereof.
23 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
24 approve an Agreement with Unum for the Short Term Disability and Long Term Disability
25 Insurance plan for City employees for a term commencing October 1, 2022 to September 30,
26 2023, a copy of which is attached hereto as Exhibit "A".
27 Section 3. The Interim City Manager is authorized to sign the Provider Agreement
28 with Unum.
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S:\CA\RESO\Agreements\Unum Long Term Disability Insurance 2022-2023-Reso.Docx
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30 Section 4. That this Resolution shall become effective immediately upon passage.
31 PASSED AND ADOPTED this(( "day of August, 2022.
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33 CITY OF BOYNTON BEACH, FLORIDA
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35 YES _ NO
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37 Mayor-Ty Penserga
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39 Vice Mayor-Angela Cruz
40 V
41 Commissioner-Woodrow L. Hay
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43 Commissioner-Thomas Turkin
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45 Commissioner-Aimee Kelley
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47 VOTE
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51 ATT "
53 .1 a . to 0
54 Maylee De - .us, MPA, C Ty"' -n�,/
55 City Cle . Mayor
56 ,,..,, /,
57 o v\I N•eFq,1 AP' • e. �S •• F•
58 (Corporate Seal)�'k �o�e°RATE •.•�'y'�,t
59 o• ��
60 ; neo Michael D. Cirullo,Jr.
61 ��,J •s�N�1N9 City Attorney
62 i ••• Q. .
63
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S:\CA\RESO\Agreements\Unum Long Term Disability Insurance 2022-2023-Reso.Docx
Exhibit "A"
SUBJECT TO REVISIONS PRIOR TO SIGNING.
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BENEFITS PROVIDER
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as
"the City", and UNUM LIFE INSURANCE COMPANY OF AMERICA, hereinafter referred to as
"PROVIDER", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The PROVIDER is retained by the City to provide Short Term
Disability and Long Term Disability Insurance.
2. SCOPE OF SERVICES. PROVIDER agrees to perform the services at the rates attached
hereto as Exhibit A.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written
notice by the City to the PROVIDER to proceed. PROVIDER 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 an initial period of one (1) year commencing October 1,
2022 through September 30, 2023. The City of Boynton Beach may extend the contract with
the same terms and conditions for three (3) additional, one-year renewal terms subject to
vendor acceptance, satisfactory performance and determination that renewal will be in the
best interest of the City. At the City's request, the Firm shall continue services beyond
the final expiration date as approved by the City Manager or City Commission. Such
extension(s) shall not exceed a six-month period. The Firm shall be compensated at
the rate in effect when this extension period is invoked by the City.
5. PAYMENT: The City will pay the PROVIDER, the fees as set forth in Exhibit A, which is
attached hereto and made a part hereof.
These fees will be paid by the City for completed work and for services rendered under this
agreement as follows:
a. Payment for the work provided by PROVIDER shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to PROVIDER
shall not exceed the total contract price without express written modification of the
Agreement signed by the City Manager or her designee.
b. The PROVIDER may submit invoices to the City once per month during the progress of
the work for partial payment for project completed to date. Such invoices will be reviewed
by the City, and upon approval thereof, payment will be made to the PROVIDER in the
amount approved.
c. Final payment of any balance due the PROVIDER of the total contract 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 PROVIDER'S records and accounts pertaining to this agreement are to be kept
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. All documents, drawings, specifications and
other materials produced by the Firm in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The PROVIDER shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Firm's endeavors.
7. COMPLIANCE WITH LAWS. PROVIDER 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 services to be rendered under this agreement.
8. INDEMNIFICATION. PROVIDER shall indemnify, defend 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, arising from injury or death to persons, including
injuries, sickness, disease or death to PROVIDER's own employees, or damage to property
occasioned by a negligent act, omission or failure of the PROVIDER.
9. INSURANCE. The PROVIDER 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 $2,000,000 aggregate with defense costs in addition to limits;
workers' compensation insurance, and vehicular liability insurance.
Said general liability policy shall name the City of Boynton Beach as an "additional named
insured" and shall include a provision prohibiting cancellation of said policy except upon thirty
(30) days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City within fifteen (15) days of execution of this agreement.
Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with
the limits of liability provided by such policy for each claim and on a claim made basis or on
an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with
a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim
not to exceed ten percent(10%)of the limit of liability. Consultant shall notify the City in writing
within thirty (30) days of any claim filed or made against its Professional Liability Insurance
Policy. Consultant acknowledges that the City is relying on the competence of the Consultant
to design the project to meet its functional intent. If it is determined during construction of the
project that changes must be made due to Consultant's negligent errors and omissions,
Consultant shall promptly rectify them at no cost to City and shall be responsible for additional
costs, if any, of the project to the proportional extent caused by such negligent errors or
omissions
10. INDEPENDENT CONTRACTOR. The PROVIDER and the City agree that the PROVIDER 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 PROVIDER nor any employee of PROVIDER
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 PROVIDER, or any
employee of PROVIDER.
11. COVENANT AGAINST CONTINGENT FEES. The PROVIDER warrants that he has not
employed or retained any company or person, other than a bona fide employee working solely
for the PROVIDER, 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 PROVIDER,
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 PROVIDER, 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 PROVIDER shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
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 ten
(10) days written notice to the PROVIDER.
b. In the event of the death of a member, partner or officer of the PROVIDER, or any of its
supervisory personnel assigned to the project, the surviving members of the PROVIDER
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 PROVIDER 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:
James Stables, Interim City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to PROVIDER shall be sent to the following address:
UNUM LIFE INSURANCE COMPANY OF
AMERICA
1 E. Broward Blvd., Suite 801
Ft. Lauderdale, FL 33301
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the PROVIDER 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 PROVIDER.
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;
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:
MAYLEE DE JESUS, CITY CLERK
PO BOX 310
BOYNTON BEACH, FLORIDA
33425-0310
561-742-6061
PYLEJ@BBFL.US
20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating
in a boycott of Israel. Contractor further certifies that Contractor is not on the
Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies
with Activities in Sudan List, and not on the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or has Contractor been engaged in business
operations in Syria. Subject to limited exceptions provided in state law, the City
will not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material breach
of contract. The City shall provide notice, in writing, to Contractor of the City's
determination concerning the false certification. Contractor shall have five (5) days
from receipt of notice to refute the false certification allegation. If such false
certification is discovered during the active contract term, Contractor shall have
ninety (90) days following receipt of the notice to respond in writing and demonstrate
that the determination of false certification was made in error. If Contractor does not
demonstrate that the City's determination of false certification was made in error then
the City shall have the right to terminate the contract and seek civil remedies pursuant
to Section 287.135, Florida Statutes, as amended from time to time.
21. E-Verify. COMPANY certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statues, as may be amended from time to time and briefly described herein
below.
a. Definitions for this Section.
i. "Contractor" means a person or entity that has entered or is attempting to
enter into a contract with a public employer to provide labor, supplies, or
services to such employer in exchange for salary, wages, or other
remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
ii. "Subcontractor" means a person or entity that provides labor, supplies, or
services to or for a contractor or another subcontractor in exchange for
salary, wages, or other remuneration.
iii. "E-Verify system" means an Internet-based system operated by the United
States Department of Homeland Security that allows participating
employers to electronically verify the employment eligibility of newly hired
employees.
b. Registration Requirement; Termination.
Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021,
Contractors shall register with and use the E-verify system in order to verify the
work authorization status of all newly hired employees. Contractor shall register
for and utilize the U.S. Department of Homeland Security's E-Verify System to
verify the employment eligibility of:
i. All persons employed by a Contractor to perform employment duties within
Florida during the term of the contract;
ii. All persons (including subvendors / subconsultants/ subcontractors)
assigned by Contractor to perform work pursuant to the contract with the
City of Boynton Beach. The Contractor acknowledges and agrees that
registration and use of the U.S. Department of Homeland Security's E-
Verify System during the term of the contract is a condition of the contract
with the City of Boynton Beach; and
iii. The Contractor shall comply with the provisions of Section 448.095, Fla.
Stat., "Employment Eligibility," as amended from time to time. This
includes, but is not limited to registration and utilization of the E-Verify
System to verify the work authorization status of all newly hired employees.
Contractor shall also require all subcontractors to provide an affidavit
attesting that the subcontractor does not employ, contract with, or
subcontract with, an unauthorized alien. The Contractor shall maintain a
copy of such affidavit for the duration of the contract. Failure to comply will
lead to termination of this Contract, or if a subcontractor knowingly violates
the statute,the subcontract must be terminated immediately. Any challenge
to termination under this provision must be filed in the Circuit Court no later
than twenty (20) calendar days after the date of termination. Termination
of this Contract under this Section is not a breach of contract and may not
be considered as such. If this contract is terminated for a violation of the
statute by the Contractor, the Contractor may not be awarded a public
contract for a period of one (1) year after the date of termination.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
DATED this day of , 20 .
CITY OF BOYNTON BEACH UNUM LIFE INSURANCE COMPANY
OF AMERICA
James-Stables, Interim City Manager Signature of Authorized Official
Attest/Authenticated:
Title
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Approved as to Form: ttest/Authenticated:
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Michael Cirullo, City Attorney Secretary
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EXHIBIT A
SHORT TERM DISABILITY AND LONG TERM DISABILITY RATES
ATTACHED HEREWITH
Your 2022 Unum renewal
Unum policy#_ ,. ,, Current rate Renewal rate Rate
benefit(s) guarantee
STD ! 659691 0.243 No Change 10/01/2023
L LTD 659691 0.340 No Change 10/01/2023
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