HomeMy WebLinkAboutEmployee Benefit Statement Sevice
Augusta Richmond GA
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YEAR: 1~~
BOX NUMBER: rJ
FILE NUMBER: I Y J 0 \
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EMPLOYEE BENEFIT STATEMENTS
SERVICE AGREEMENT
THIS SERVICE AGREEMENT (the "Agreement") is made and entered into this 1...d- day of
~t{u.t~ ' 1999, between SELECT BENEFIT CONSULTANTS,
corporation whose principle office is located at 4468 Columbia Road, Augusta,
INC" a Georgia
Georgia 30907 (the
"Vendor") and the AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, whose
principle office is located at 530 Greene Street, Augusta, Georgia 30911 (the "Customer"),
WITNESSETH:
WHEREAS, Customer desires Vendor to perform certain processing serVIces including the
preparation of personalized employee benefit statements for each participating employee of the Customer;
and
WHEREAS, Vendor desires to perform such processing services including the preparation of
personalized employee benefit statements for each participating employee of the Customer upon the terms
and conditions contained herein,
NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the
parties hereto agree as follows.
1, Definitions, For purposes of this Agreement, the following definitions shall apply:
(a)
"Processing services" shall mean Processing and Printing.
(b)
"Processing" shall mean the computing, manipulation, processing and storage of
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employee census data and related benefit information supplied by Customer in connection with all
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employee benefits offered to participating employees of the Customer including, without limitation,
benefits available under all pension plans, disability plans, group life insurance plans, major medical
insurance plans, sickness, accident, and health insurance plans, dental plans, vision plans, cancer plans,
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cafeteria plans, and other benefit plans of the Customer.
(c) "Printing" shall mean the preparation and printing of personalized employee benefit
statements for each participating employee of the Customer,
2. Term. The term of this Agreement shall begin on the effective date hereof and shall end
on December 31, 1999, unless otherwise terminated or canceled by either party upon thirty (30) days
written notice given to the other party as provided below.
3, Vendor's Services and Duties. The Vendor shall perform the following services and
provide the following documents to the Customer:
(a) Vendor shall perform the processing services described herein and shall prepare a
personalized employee benefit statement for each employee participating in the benefit plans of the
Customer.
(b ) Vendor shall furnish to the Customer a proof of all numbers and text for the
personalized benefit statements for review and approval by the Customer no later than 15 days prior to
the final printing of the benefit statements,
(c) Vendor shall provide the statements described herein no later than August 15, 1999.
4. Customer's Duties,
(a) No later than June 30, 1999, Customer shall supply Vendor with all employee
census data and related benefit information in the format specified by Vendor. Customer shall have the
sole obligation for the accuracy of the data and records submitted to Vendor and Vendor shall be
responsible for the accuracy of the inputted data and records. The date for submission of data and records
may be extended only by written mutual agreement of both Customer and Vendor. If Customer fails to
provide the data and records by the time specified herein, including extensions, Vendor may, at its option,
cancel this Agreement, in which event Customer shall forfeit any prepayment of fees specified herein.
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5. Charges. In consideration of the performance of acceptable processing services by Vendor
hereunder, Customer shall pay Vendor the following charges:
(a) A charge of Nine Dollars and Twenty Five Cents ($9,25) per participating
employee of Customer for which benefit statements are produced by Vendor, with fifty (50%) percent
payable upon the execution hereof and fifty (50%) percent payable within ten (10) days after completion
and delivery of the benefit statements by Vendor to Customer. Accordingly, the sum of Twelve Thousand
Twenty-five ($12,025,00) Dollars, representing 50% of the charge of Nine Dollars and Twenty Five
Cents ($9,25) per employee based on an estimate of 2,600 participating employees, shall be due upon the
execution hereof. The balance due upon completion will be an amount equal to the product of Nine
Dollars and Twenty Five Cents ($9.25) multiplied by the actual number of participating employees of the
Customer for which benefit statements are prepared by the Vendor, less the down payment of $12,025.00,
and shall be due and payable within ten (10) days after receipt of Vendor's invoice following the
completion and delivery of the benefit statements to Customer,
6. Confidentialitv, Customer's records and employee census data are confidential to
Customer. All records and data supplied to Vendor by Customer shall be held in confidence and shall
not be disclosed or made available, directly or indirectly, to any person, concern or entity outside of
Vendor without the express written permission from Customer , Vendor shall limit access to such records
and data to only those of Vendor's employees who have a need to know in order to perform the services
described herein, and Vendor shall return all such data and records to Customer upon the expiration,
termination or cancellation of the Agreement.
7, Warranty. VENDOR SHALL EXERCISE REASONABLE CARE AND CAUTION IN
PROCESSING AND REPORTING ALL DATA IN THE BENEFIT STATEMENTS. EXCEPT TO THE
EXTENT EXPRESSLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR
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IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE,
8. Limitation of Liability. IN NO EVENT SHALL VENDOR BE LIABLE TO CUSTOMER
OR ANY PARTICIPATING EMPLOYEE OF CUSTOMER, OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS PROFITS, ARISING OUT OF
OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, EVEN
IF VENDOR HAS BEEN ADVISED OF A POSSIBILITY THEREOF.
9, Termination/Cancellation.
(a) This Agreement may be terminated or canceled:
(1) by Vendor if Customer fails to pay Vendor any charges required under
paragraph 5 hereof within thirty (30) days of invoice therefore;
(2) by Customer if Vendor fails to provide the services or benefit statements to
Customer as provided iri paragraph 3 hereof within thirty (30) days of the date for submission thereof;
(3) by either party if the other party is in default of any other provision hereof
and such default is not cured within thirty (30) days after notice thereof is given to such other party in
accordance with the provisions hereof; or
(4) by either party if the other party becomes insolvent or seeks protection,
voluntarily or involuntarily, under any bankruptcy or receivership law,
(b) In the event of any termination or cancellation of this Agreement, Vendor shall
return to Customer all records and data of Customer which are in Vendor's
possession or control and cease performance of all services hereunder without further liability to
Customer,
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(c)
The foregoing rights and remedies of the parties shall be cumulative and in addition
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to all other rights and remedies available to the parties at law and in equity,
(d) In the event of any expiration, termination or cancellation of this Agreement, the
provisions hereof which are intended to continue and to survive shall so continue and survive,
10, Notices. All notices provided for or required under the terms and provisions of this
Agreement shall be in writing and shall be deemed given when personally delivered or when deposited
in the United States mail, with proper postage prepaid, for registered or certified mail, addreSsed to
Customer or Vendor, as the case may be, at their respective addresses as set forth herein or at such other
addresses as either of them shall, from time to time, designate in writing to the other, to-wit:
Select Benefit Consultants, Inc,
Mr. Bill Lee
Select Benefit Consultants, Inc,
P. 0, Box 211959
Augusta, GA 30917-1959
Augusta, Georgia
C/o Charles R. Oliver, Administrator
Room 801, City-County Bldg, (11)
530 Greene Street
Augusta, GA 30911
11. General.
(a) This Agreement constitutes the entire agreement between the parties relating to the
subject matter hereof and supersedes all prior understandings, writings, proposals, representations or
communications, oral or written, of either party, This Agreement may be amended only by further
written instrument executed by the authorized representatives of both parties hereto.
(b) This Agreement shall be binding upon and shall inure to the benefit of the parties,
their respective heirs, legal representatives, successors, and permitted assigns,
(c) This Agreement shall be deemed performed in its entirety in the State of Georgia
and shall be governed by and construed in accordance with the laws of the State of Georgia.
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Cd) The paragraph captions contained herein have been inserted for convenience only
and shall not affect the meaning or interpretation of any of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its
appropriate officers the date and year first above written.
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TITLE:
ARC 1999 CONTRACT
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