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Home My WebLink AboutDocumentation_Pension Public Safety_Tab 19_08/02/2010 HANSON, PERRY SL JENSEN, P.A. 40O EXECUTIVE CENTER DRIVE. SU�fE 2O7 — WEST PALAA BEACH. FLORIDA �401-ZJZZ TEI.EPHONE (561) 686-6550 JILL HANSON` FACS�MILE �5f)1� 686^2H02 mjhanson � hpjlaw.coin ANN H. PERRY aperry�npjlaw.com BONNISPA7ARAJENSEN bsjensen�hpjiaw.com January 5, 2009 •�L50 ADM�TTEU v+ N.Y. VIA HAND DELIVERY AND EMAIL Betty Laur Business Services Connections, lnc. 345 Tequesta Drive Tequesta, Florida 33469 Re: Tequesta Public Safety Officers' Pension Fund Independent Contractor's Agreement 4ur File Number: 1011.0033 Dear Betty: Enclosed is an original executed Independent Contractor's Agreement befinreen your firm and the Tequesta Pubiic Safety Officers' Pension Plan. We have scanned the document for our files and emailed a copy to your for your convenience. If you have any questions, please contact us. Sincerely yours, i / } � � � , � �'a----,�------ f . - Bonni S. Jensen a.�' BSJ/ka Enclosure E-Copy: Lori McWilliams, Pens+on Coordinator H:\Tequesta PS 1011 \VendorsWdmin\IND CNTRCTR AGMT cvrltr.wpd �� s i -� BOARD OF TRUSTEES � OF THE TEQUESTA PUBLIC SA�ETY OFFICERS' PENSION TRUST FUND � � 345 Tequesta Drive - PO Box 3273 � Tequesta, FL 33469 ---_— � BOARD �ESOLUTION ' �, DAVID COOPER. do hereby cert�*y t1�a� 9 am duly eiected and qua!ified Secretar� ,�f the Board of Trustees of the Tequesta Public Safety Officers' Pension Trust Fund �;"Board"),and that the following is a true and complete copy of a resolution ur�animously adopted at a meeting of the Board, duly convened and held in accordance with applicable �aw and regulations, at which meeting a majority and quorum of the Board were present, on the 3� day of November, 2008. WHEREAS, the Board has ret�!ned the services of Busi�ess Services Connect�or�. ir�ti `o pr�vid� certain administraiive �ervices for 2he Board; BE IT RESOLVED, that any tti��o �� of the members of the Baard or the Pensio� ��oordinator may direct payment to B«siness Services ronnection, lnc. in accordance witr� ±he agreement between the parties BE IT RESOLVED, FURTHER, that this resoluticn shall be in full force and ef�ect ��.•,�; ��inding upon the Board and Fund until it shalJ have been repealed and unti! written no?�c,e o¢ suc�� repeal shall have been delivered to Salem Trust. '�� f��rtf��r ce�tify t�at the perso?,s �rvhUSe names appear beiow are members �f the �:�a�c� , ��t� �� Tr�_,stees'; �nd the!r srFJc,�?en soqnat�.r�es N AME SPEC/MEN SIGNAT ;- SABIN, Chairman ,;,�,- ��'v I �_COt�PER, Secretary � � ` ' . � - � ,,a..�. ---- �=--------` – � _ � . ��'�y° GlBL4N, Trustee �'� � ` �..,�- . � ROBERT YOUNG, Trustee __ __._ _� - – �'��-- -- .. �' , KEN NIELSON, Tru_stee - _ �,�,�..�,,,y� TEQUESTA PUBLIC SAFETY OFFICERS' PENSION TRUST FUND AND BUSINESS SERVICES CONNECTION, INC. INDEPENDENT CONTRACTOR AGREEMENT FOR PENSION SERVlCES r THIS AGREEMENT is made this �,�� day of Y i,l'`?i`C�` }..r%;�i`. �. , 2008, by and between the Board of Trustees of the Tequesta Public Safety Officers' Pension Trust Fund ("Trustees"), and Business Services Connection, Inc. ("Contractor"), W ITNESSETH: WHEREAS, the Trustees are duly appointed as fiduciaries of the Tequesta Public Safety Officers' Pension Trust Fund (" Fund"); WHEREAS, the Trustees are authorized and empowered to engage qualified service providers to assist them in discharging their duties and responsibilities as Trustees and named fiduciaries of the Fund; WHEREAS, the Trustees and Contractor wish to enter into a contract to establish the terms of the independent contractor relationship; and WHEREAS, the Trustees have determined it is in the best interest of the participants and beneficiaries of the Fund to engage the services of Contractor upon the terms and conditions set forth in this Agreement. NOW THEREFORE, and in consideration of these premises, the mutual promises of the parties and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is hereby cov�nanted and agreed by and between the parties as follows: Page 1 of 6 1. Cor�tractor Services (a) EnQaqement - The Trustees and the Police Trustees hereby engage the services of Contractor, who hereby accepts the engagement by the Trustees to serve and assist with the administrative duties of the Pension Fun�s. (b) Duties and Responsibilities - It is mutually acknowledged and agreed that Contractor is engaged to perform all duties and responsibilities as requested by the Pension Coordinator on behalf of the Trustees. Duties may include: (1) Record and maintain all pension rneeting minutes (2) Schedule and coordinate all meetings and related agendas (3) Distribute the Summary Plan Description (4) O�ient new trustees to the pension board (5) Act as liaison between service providers (accountant, actuary, attorneys, investment manager(s), consultants, elected officials, board members) (6) Review invoices and submit for payment in a timefy manner (c) Limitation of Authority - The Contractor shall not: (1) Exercise any discretionary authority or discretionary control respecting the management or administration of the Pension Funds; or (2) Exercise any independent authority or control with respect to the management or disposition of the assets of the Pension Funds; or (3) Render investment advice with respect to any monies or property of the Pension Funds. Page 2 of 6 (d) Excluded Services. It is understood and agreed by the parties that the Contractor shall not be responsible for the perFormance of auditing, legal or financial advisory services. 2. Fee Schedule. For services under this Agreement, the Contractor shall be �,{,�, �� ` entitled to receive from the Fund, the sak�'y will be consistent with the hourly rate paid by the Village of Tequesta for services rendered, for up to 10 hours per week, to be paid every two weeks. The Pension Coordinator will promptly submit the invoice to the Custodian for payment. 3. Independent Contractor. This Agreement does not create an employee/employer relationship between the Contractor and the Boards. It is the intent of this Agreement that Contractor is an independent contractor and not the employee of the Pension Funds for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. Contractor shall retain sole and absolute discretian in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder. Contractor agrees that it is a separate and independent enterprise from the Pension Funds, that it has full opportunity to find other business, that it has made its own �nvestment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any Page 3 of 6 joint ernployment relationship between Contractor and the Pension Funds and the Pension Funds will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages or overtime premiums. 4. Disclosure of Records. All information, including records and other data, which may come into the possession of the Contractor may be subject to disclosure and production to the e�ent required by the Public Records Act, Chapter 119, Florida Statutes, or upon compulsion of a subpoena issued by a court of competent jurisdiction, as approved by the Trustees. The Contractor shall provide all such records and data to the Pension Coordinator who will determine which records fall under canfidentiality exceptions to the Pub{ic Records Act and maintain those records in such a manner as ta preserve the privacy of the participants of the Pension Fund. 5. Obligations of Contractor. It is mutually covenanted and agreed that all services rendered by the Cantractor to or on behalf of the Pension Funds shall be performed with reasonable dispatch and shall be performed in a manner which is adequate and convenient to the Boards and the participants and beneficiaries of the Pension Funds. The Contractor shall familiarize himself with the basic documents under which the Pension Fund is established and render all services in accordance with said documents, 6. Governing Law. This Agreement has since been executed in the State of Florida and shall be governed and construed in accordance with the laws of the State of Florida. Venue for any dispute shall be in Palm Beach County, Florida. In the event that Page 4 of 6 any action shall be necessary for the enforcement of this Agreement, the prevailing party shall recover its court costs, including reasonable attorney's fees. 7. Entire Agreement. This Agreement constitutes the entire understanding and agreement by the parties hereto and shall not be modified, amended or revoked except by the express written consent of the parties. This Agreernent supercedes and renders void and all agreements and amendments thereto previously entered into and agreed upon by and between the parties. 10. Assignment. This Agreement, or any interest herein, shall not be assigned, transferred orothervvise encumbered, under any circumstances, by Contractor, without the priorwritten consent of Pension Funds. However, this Agreement shall run to the Pension Funds and their successors and assigns. 11. Termination. This Agreement may be terminated by either party on fourteen (14) days' written notice, with or without cause. Payment of salary and benefits as set forth in Article III woufd cease at the end of the notice period. In the event of a termination, the Contractor agrees to promptly tum over to the successor Pension Administrator or Administrative Benefits Manager or such other party designated by the Trustees, all records, reports or documents belonging to the Trustees and in possession of the Contractor. Page 5 of 6 IN WITNESS WHEREOF, the parties who caused this Agreement to be executed on the date set forth. DATED at Tequesta, Florida this �' day of �' ��' ��'"" , 2008, ' � . .: �, and effective � �0 � � f �= � , 2008. INDEPENDENT CONTRACTOR BOARD OF TRUS�ES BUSINESS SERVICES CONNECTION, INC. TEQUESTA PUBLIC SAFETY OFFIC�RS' PENSION TRUST FUND � t � By:_ � � - � � < < ,< By !��,.� �� =-�=�ti- _ Betty Laur As Chairperson WITNESS: �:�- . � - . , , By� .,��- r .::;. � � _, fl � 4..,_ �?�� :�... ��.��_�� As Secretary As to Independent Contractor W ITN�SS: ,. ' � ,- } ,� � °�.= �...--, As to Trustees �' ; �� i H:\Tequesta PS 10111VendorslAdmin12008-TEQ PSO AGMT-Ind Cntr.wpd BSJlka - October 22, 2008 Page 6 of 6 BOARD OF TRUSTEES OF THE TE4UESTA PUBLIC SAFETY OFFICERS' PENSION TRUST FUND 345 Tequesta Drive - PO Box 3273 Te uesta, FL 33469 i do further certify that the following individual has been designated by the Board to act individually on behalf of the Board with respect to all actions under said Agreement: �.,. �' l .. Lori McWilliams, Pension Coordinator ��_f..�l.�. � IP.� r��-- IN WITNESS WHEREOF, I have hereunto set my hand this day of Januarv , 2009 By: Oavid Cooper, Secretary H:�Tequesta PS 10111Vendors�Custodian�2008-11-03-PSO Sec Cert 2 sigs wpd January 6, 2009