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HomeMy Public PortalAbout1993 Agreement For Employee Benefits Program Services.tifS VILLAGE OF KEY BISCAYNE AGREEMENT FOR EMPLOYEE BENEFITS PROGRAM SERVICES THIS AGREEMENT, made and entered into this / day of /nc-Lc_h , 1993, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and K.C.I. FINANCIAL SERVICES INC., 4801 S. University Drive Suite 200, Fort Lauderdale, FL 33328, a corporation, (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain professional services as specifically described in Exhibit A to this Agreement ("Specified Services"). The CONSULTANT wants to provide such Specified Services. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES The CONSULTANT agrees to provide the services outlined in Exhibit A. 2. FEES FOR SERVICES The CONSULTANT agrees to act on behalf of the VILLAGE on a no fee cost basis for services rendered. 3. TERM The term of this Agreement is until terminated pursuant to paragraph 8. 4. GENERAL TERMS AND CONDITIONS All original computations, details, design calculations, work papers and other documents that result from the CONSULTANT providing specified services shall be the property of the VILLAGE. Upon termination of this Agreement or upon request of the VILLAGE during the term of this Agreement, any and all such documents shall be delivered to the VILLAGE by the CONSULTANT. 5. INSURANCE None. 6. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. 7. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contigent upon or resulting from the award or making of this Agreement unless approved by the Manager or the Village of Key Biscayne. 8. TERMINATION This Agreement may be terminated by the VILLAGE upon ten days' written notice with or without cause and by the CONSULTANT upon 45 days' written notice with or without cause. 9. NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE engaging other firms to perform the same of similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion. 10. ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 11. WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services. 12. ATTORNEY'S FEES In connection with any litigation arising out of this Agreement, the VILLAGE shall be entitled to recover reasonable attorney's fees and costs. 13. NOTICES All notices and communications tothe VILLAGE shall be in writing and shall be deemed to have been properly given if transmmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: Village: C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 With a copy to: Consultant: Richard Jay Weiss, Esq. Village Attorney Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, FL 33133 K.C.I. Financial Services, Inc. 4801 S. University Drive Suite 200 Ft. Lauderdale, F1 33328 14. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONSULTANT: K.C.I. Financial Services, Inc. Atrium Center 4801 S. University Drive Suite 200 Ft. Lauderdale, Fl 33328 By: Attest Authorized by the Village Council VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Fl 33149 By: Ra 1 Conte May ttest: L �' O " KCI GROUP Services to be provided by KCI Group to the Village of Key Biscayne: - Identify employer's needs and objectives in providing design for employee benefit programs. - Preparation of proposal requests for various insurance programs. - Contact and provide the proposal package to qualified underwriters potentially capable of meeting the objectives and needs of program design. - Analyze proposals received and make written recommendations of those proposals which best meet the employer's needs and objectives. - Assist the employer in preparing a communications plan for the group insurance program and Section 125 Plan. - Assist the employer in contract renewal negotiations. - Assist the employer in budget forecasting for new budget years. - To be available on reasonable basis to attend council meetings or employee meetings to respond to questions concerning programs related to this proposal.