R18-125 RESOLUTION NO. R18-125
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH UNUM LIFE INSURANCE
COMPANY OF AMERICA (UNUM) FOR GROUP LONG
TERM DISABILITY INSURANCE FROM OCTOBER 1,
2018 THROUGH SEPTEMBER 30, 2020; AUTHORIZING
11 THE CITY MANAGER TO SIGN THE PROVIDER
11 AGREEMENT AND PROVIDING AN EFFECTIVE
12 DATE.
13
14
15 WHEREAS, the City Commission of the City of Boynton Beach, upon
16 recommendation of staff, deems it to be in the best interests of City employees to approve a
17 Provider Agreement with Unum for the Long Term Disability Insurance plan for a term
18 commencing October 1, 2018 to September 30, 2020, for city employees.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
22 as being true and correct and are hereby made a specific part of this Resolution upon
23 adoption hereof.
24 Section 2. The City Commission of the City of Boynton Beach, Florida does
25 hereby approve an Agreement with Unum for the Long Term Disability Insurance plan for
26 City employees for a term commencing October 1, 2018 to September 30, 2020, a copy of
27 which is attached hereto as Exhibit"A".
28 Section 3. The City Manager is authorized to sign the Provider Agreement with
29 Unum.
30
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3 Section 4. That this Resolution shall become effective immediately upon passage.
3• PASSED AND ADOPTED this 6th day of September, 2018.
3
3,
3' CITY OF BOYNTON BEACH, FLORIDA
3:
3 YES NO
3
3' Mayor- Steven B. Grant
41
41 Vice Mayor-Christina L. Romelus
4
43 Commissioner-Mack McCray
44
45 Commissioner-Justin Katz
46
47 Commissioner-Joe Casello
48
49
50 VOTE
51
52 ATTEST:
53
54 r
55
56 JuditA. Pyle, CMC
City 57 Clerk
58
59
60
61 (Corporate Seal)
62
63
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"DRAFT"
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 Long Term
Disability Disability Insurance in connection with the RFP FOR GROUP MEDICAL,
DENTAL, VISION, LIFE, LONG TERM DISABILITY AND SHORT TERM DISABILITY
INSURANCE; RFP No.: 025-1610-18/IT.
2. SCOPE OF SERVICES. PROVIDER agrees to perform the services, identified in LONG
TERM DISABILITY PROPOSAL and 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 two (2) years commencing October 1,
2018 thru September 30, 2020. The City of Boynton Beach may extend the contract with the
same terms and conditions for two (2) 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, LONG
TERM DISABILITY PROPOSAL, 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:
Lori LaVerriere, 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:
JUDY PYLE, 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.
DATED this day of , 20
CITY OF BOYNTON BEACH
Lori LaVerriere, City Manager PROVIDER
Attest/Authenticated:
Title
(Corporate Seal)
Judy Pyle, City Clerk
Approved as to Form: Attest/Authenticated:
James A. Cherof, City Attorney Secretary
6
EXHIBIT A
LONG TERM DISABILITY PROPOSAL ATTACHED HEREWITH