R03-151 (2)
II
RESOLUTION NO. R03- Lot
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING A THREE YEAR
CONTRACT FOR THE RFP - "LIFE AND
DISABILITY INSURANCE PLANS FOR THE
EMPLOYEES OF THE CITY OF BOYNTON
BEACH" TO JEFFERSON PILOT FINANCIAL OF
FORT LAUDERDALE, FL; AUTHORIZING THE
EXECUTION OF A CONSULTANT AGREEMENT
BETWEEN THE PARTIES; AND PROVIDING AN
EFFECTNE DATE.
WHEREAS, on August 7,2003" Procurement Services received and opened
four (4) proposals for the Three Year Contract for "Life and Disability Insurance
Plans for the Employees of the City of Boynton Beach" and
WHEREAS, upon recommendation of staff, the City Commission of the City
of Boynton Beach does hereby approve the award of RFP No. 080-1610-03/JA to
Jefferson Pilot Financial.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The City Commission of the City of Boynton Beach, Florida,
hereby approves the award of RFP No. 080-1610-03/JA to Jefferson Pilot Financial,
for a three year contract for Life and Disability Insurance Plans for the Employees of
the City Of Boynton Beach.
Section 2.
That the City Manager is hereby directed to execute a
Consultant Agreement between the City of Boynton Beach and Jefferson Pilot
Financial., a copy of which is attached hereto.
S:\CA\RESO\Agreements\Bid Awards\Award of RFP - Life and Disability Insurance.doc
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Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this ~ day of September, 2003.
BEACH,
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S'\CA\RESOIA'iJreemerts\Bid Awards\Award ot RFP . L ;~€ ~ 'leA Disability Insurance.. dnc
R03-ISI
CONSULTANT AGREEMENT FORM
"LIFE AND DISABILITY INSURANCE PLANS"
FOR THE EMPLOYEES OF THE CITY OF BOYNTON BEACH
FOR THE PERIOD OF THREE (3) YEARS
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and JEFFERSON PILOT FINANCIAL, hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform insurance
carrier services in connection with the project designated "RFP - "LIFE AND
DISABILITY INSURANCE PLANS" FOR THE EMPLOYEES OF THE CITY OF
BOYNTON BEACH - RFP # 080-1610-03/JA.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"A" attached hereto, including the provision of all labor, materials, equipment and supplies.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant shall perform all services
and provide all work product required during the contract period of October 1,2003 to
September 30, 2006, unless an extension of such time is granted in writing by the City.
4. PAYMENT. The Consultant 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 Consultant shall be paid on a monthly basis,
determined by the number of full time employees in this program during this period.
b. The Consultant may submit invoices to the City once per month. Such invoices will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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 shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
e. The Consultant'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 final payments. Copies shall be made available upon request.
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5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant 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 Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service 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.
7. INDEMNIFICATION. Consultant 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 attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
8. INSURANCE. The Consultant 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 $1,000,000 per
occurrence/aggregate for property damage, and professiona1liabi1ity insurance in the amount
of$l,OOO,OOO.
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.
9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant 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 Consultant nor any employee of Consultant
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 Consultant,
or any employee of Consultant. .
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
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
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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.
11. DISCRIMINATION PROHffiITED. The Consultant, 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.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
13. NON-WANER. 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.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
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 Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attn: John Jordan
Notices to Consultant shall be sent to the following address:
Jefferson Pilot Financial
3107 Stirline: Road, Ste206
Ft. Lauderdale, FI 33312
Attn: Jeffrev P. Eilers, Ree:ional Manae:er
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17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant 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 Consultant.
DATED this ~ day of
SeF~fY\b~
,20Q1.
CITY OF BOYNTON BEACH:
u~
City Manager
KURT BRESSNER
CITY MANAGER
BOYNTON BEACH, Fl
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Attest! Authenticated:
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.........,\'v~:!',,, Stephanie L. Schmaltz
!~~f(s Commission # DD 038581
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Approved as to Form:
Attest/Authenticated:
~anL
Office of the City Attorney
~~~"I'~
Secretary
Rev. 1/22/91
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17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant 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 Consultant.
DATED this ~ day of
.s~rT~tY\b~
,20.Q1.
CITY OF BOYNTON BEACH:
~
City Manager
KURT BRESSNER
CITY MANAGER
BOYNTON BEACH. Fl
Jefferson Pilot Financial
Attest! Authenticated:
Title
(Corporate Seal)
Approved as to Form:
Attest! Authenticated:
9 ClS1L
Office of the City Attorney
Secretary
Rev. 1/22/91
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~~ ( The City of
~; Bounton Beach
Procurement Services
100 E. Boynton Beach Boulevard
p. 0. Box 310
Boynton Beach, Florida 33425-0310
Telephone No: (561) 742-6320
FAX: (561) 742-6306
NOTICE TO PROCEED
TO: JEFFERSON PILOT FINANCIAL DATE: October 14,2003
3107 STIRLING ROAD, STE 206
FT. LAUDERDALE, FL 33312
AnN: JEFFREY P. EILERS, REGIONAL MANAGER
PROJECT: LIFE AND DISABILITY
INSURANCE PLANS FOR THE EMPLOYEES
OF THE CITY OF BOYNTON BEACH
RFP # 080-1610-03/JA
You shall commence WORK in accordance with the Agreement dated: SEPTEMBER 2. 2003 on or
before OCTOBER 1. 2003 and you are to complete the WORK within 1095 CALENDAR DA YS
thereafter.
The date of completion of all WORK is therefore: SEPTEMBER 30, 2006.
The Contractor's point of source for all activity relating to this project will be:
Contact Person: John Jordan
Department: Human Resources
Title: Assistant Director
Telephone: (561) 742-6543
CITY OF BOYNTON BEACH
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Bill Atkins, Deputy Director of Financial Services
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by:
Date:
Print Name
Signature: Title:
c: John Jordan - Human Resources Assistant Director
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