R18-126 RESOLUTION NO. R18-126
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH UNUM LIFE INSURANCE
COMPANY OF AMERICA (UNUM) FOR GROUP
: SHORT TERM DISABILITY INSURANCE FROM
OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2020;
1I AUTHORIZING THE CITY MANAGER TO SIGN THE
11 PROVIDER AGREEMENT AND PROVIDING AN
1. EFFECTIVE DATE.
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1- WHEREAS, the City Commission of the City of Boynton Beach, upon
10 recommendation of staff, deems it to be in the best interests of City employees to approve a
1 Provider Agreement with Unum for the Short Term Disability Insurance plan for a term
1: commencing October 1, 2018 to September 30, 2020, for city employees.
1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 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 Short 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.
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31 Section 4. That this Resolution shall become effective immediately upon passage.
3. PASSED AND ADOPTED this 6th day of September, 2018.
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3,
3' CITY OF BOYNTON BEACH, FLORIDA
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3 YES NO
3:
3' Mayor—Steven B. Grant
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41 Vice Mayor—Christina L. Romelus
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43 Commissioner—Mack McCray
4,
45 Commissioner—Justin Katz
4.
4 Commissioner—Joe Casello ✓
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50 VOTE O
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52 ATTEST:
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54 1 ,
55 / `''
56 Judi h A. Pyle, CM
57 City Clerk
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59
60
61 (Corporate Seal)
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‘ R\
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 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 SHORT
TERM AND LONG TERM DISABILITY PROPOSALS and attached hereto as Exhibits Al
and A2.
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 PROVIDER shall continue services beyond
the final expiration date as approved by the City Manager or City Commission and as
agreed upon by PROVIDER. Such extension(s) shall not exceed a six-month period.
The PROVIDER 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 Exhibits Al and A2,
SHORT TERM AND LONG TERM DISABILITY PROPOSALS, which are 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 but at no time later than
30 days after receipt of the final invoice of PROVIDER.
d. Payment as provided in this section by the City shall be full compensation for work
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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 PROVIDER 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
PROVIDER'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 accidental death or injury to persons,
including injuries, sickness, disease or death to PROVIDER's own employees, or damage to
property (collectively, "Loss") occasioned by a negligent act, omission or failure of the
PROVIDER in the performance of its obligations under this Agreement. This obligation to
defend. indemnify and hold the City harmless does not apply if the Loss is the result of or
arises out of the conduct of the City, or an act or omission undertaken by Unum at the express
direction of the City.
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 include the City of Boynton Beach as an additional insured
by blanket additional insured endorsement, for liabilities related to the sole actions of the
PROVIDER. 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 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.
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 sixty
(60) days written notice to the PROVIDER. Such termination of this Agreement will have
no effect on any Policy set forth in Exhibit A, which with respect to termination, will remain
governed by its terms and conditions.
b. I n 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.
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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 UNUM LIFE INSURANCE COMPANY
OF AMERICA
JN:
Lori LaVerrie e, City Manager Signature of Authorized Official
Attest/Authenticated: A J- -�j<2r1/..`- .����• `t`^�
Title
n. OPIL •.
((1AQ (Corporate
Judy Pyle, City Cl- k '�`� e
QOYN'°
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Approved as to Form. Attest/Authenticated:
1c // yc/
James :. Cherof, Cit grney 'ecretary
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EXHIBITS Al AND A2
SHORT TERM AND LONG TERM DISABILITY PROPOSALS ATTACHED HEREWITH
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