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Home My WebLink AboutDocumentation_Pension General_Tab_22_08/02/2010 HANSON, PERRY S� JENSEN, P.A. 400 EXECUTIVE CiENTEA DRNE, SUITE 207 — �1YEST PALM BEACH F�oaion 33401-2922 JILL HANSON* TELEPHONE �581� BSG-EJ mjhanson�hpjlaw.com FACSIMILE (561) 686-2802 ANN Fi. PERRY aperry � hpjlaw.com BONNI SPATARA JENSEN bsjensen � hpjlaw.com *n�so Anr�treo in N.Y. January 23, 2009 Lori McWilliams Village of Tequesta Pension Funds 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469-0273 Re: Tequesta General Employee's Pension Trust Fund Administrator Agreement Our File Number 1012.0033 Dear Lori: Enclosed please find the original executed Independent Contractor Agreement for Pension Administrator Services befinreen the Tequesta General Employee's Pension Trust Fund and Business Services Connection, Inc. If you have any questions or if I may be of any further assistance to you, please do not hesitate to contact me. Sinc�rely, .� ,� 2 -`�; ��,,�,.� -----�_ 1 �.�y Bonni S. Jensen ` BSJlks Enc. u , , Lasertiched TEQUESTA GENERAL EMPLOYEES' PENSION TRUST FUND AND BUSINESS SERVICES CONNECTION, INC. INDEPENDENT CONTRACTOR AGREEMENT FOR PENSION ADMINISTRATOR SERVICES THIS AGREEMENT is made this "� � day of �`� �.}.-�rr�r� , 2008, by and between the Board of Trustees of the Tequesta General Employees' Pension Trust Fund ("Trustees"), and Business Services Connection, Inc. ("Contractor"). WITNESSETH: WHEREAS, the Trustees are duly appointed as fiduciaries of the Tequesta General Employees' 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 af 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 covenanted and agreed by and between the parties as follows: Page 1 of 6 1. Contractor Services (a) Enqagement - The Trustees and the Police Trustees hereby engage the services of Contractor, who hereby accepts the engagement by the Trustees to to serve and assist with the administrative duties of the Pension Funds. (b) Duties and Responsibiiities - It is mutually acknowiedged 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 inciude; (1) Record and maintain all pension meeting minutes (2) Schedule and coordinate all meetings and related agendas (3) Distribute the Summary Plan Description (4) Orient new trustees ta 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 timely 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 �unds; 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 un�er this Agreement, the Contractor shall be � �. ,�-�� i �\ entitled to receive from the Fund, the � 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 Intemal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. Contractor shall retain sole and absolute discretion 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 investment 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 joint employment relationship between Contractor and the Pension Funds and the Pension Page 3 of 6 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 extent 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 confidentiality exceptions to the Public Records Act and maintain those records in such a manner as to 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 Contractor 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 any action shall be necessary for the enforcement of this Agreement, the prevailing party shall recover its court costs, including reasonable attorney's fees. Page 4 of 6 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 Agreement supercedes and renders void and all agreements and amendments thereto previously entered into and agreed upon by and between the parties. 8. Assignment. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by Contractor, without the prior written consent of Pension Funds. However, this Agreement shall run to the Pension Funds and their successors and assigns. 9. 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 farth in Article III would 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 o� the date set forth. ,�i i`' � Y 1r�.'v�`�i'�F-_�`p�L-`��'.� DATED at Tequesta, Florida this day of , 2008, and effective ti � ,� � � , 2008. iNDEPENDENT CONTRACTOR BOARD OF TRUSTEES BUSINESS SERVICES CONNECTION, INC. TEQUESTA GENERAL EMPLOYEES' PEN I N T F�lND B `� �-� �-{ ��-'�L.�� By: �-� ' f ` Bet Laur As C' airperson WITNESS: , �� '� f �, • g �'''�!�, � � °•, � � � Y• :,� ; �; �.. �� .F'.� G7r� As Secretary As to Independent Contractor W ESS: r �� As to Trustee ,f H:1Tequesta GE 10121VendorsWdmin12008-AGMT GE-IND CNTR.wpd BSJ/ka -October 22, 2008 Page 6 of 6