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R08-012 II 1 2 RESOLUTION NO. R08- O/~ 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING AN 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE LINCOLN NATIONAL LIFE 9 INSURANCE COMPANY SUCCESSOR TO JEFFERSON 10 PILOT FINANCIAL INSURANCE COMPANY 11 REGARDING A NAME CHANGE FOR THE COMPANY; 12 AUTHORIZING THE CITY MANAGER AND CITY 13 CLERK TO EXECUTE SAID AGREEMENT; AND 14 PROVIDING AN EFFECTIVE DATE. 15 16 17 WHEREAS, on September 2, 2003, the City of Boynton Beach and Jefferson Pilot 18 Financial entered into a Consultant Agreement to provide for life and disability insurance 19 plans for the employees of the City of Boynton Beach and extended the three (3) year term to 20 September 29,2008; and 21 WHEREAS, since that time the City received notice that Jefferson Pilot had merged 22 with Lincoln Financial Group and changed the name of its group insurence underwriting 23 company to The Lincoln National Life Insurance Company; and 24 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 25 interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into 26 the Agreement with The Lincoln National Life Insurance Company. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. Each Whereas clause set forth above IS true and correct and 30 incorporated herein by this reference. 31 Section 2. The City Commission of the City of Boynton Beach, Florida hereby S:ICA IRESOlAgreementsVefferson Pilot.doc 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 " approves and authorizes the City Manager and City Clerk to execute the Agreement between 2 the City of Boynton Beach and The Lincoln National Life Insurance Company regarding the 3 company's merger and name change with Jefferson Pilot Financial Insurance Company, a 4 copy of said Agreement is attached hereto as Exhibit "A". 5 Section 3. That this Resolution shall become effective immediately upon passage. 6 PASSED AND ADOPTED this ~ day of January, 2008. CITY OF BOYNTON BEACH, FLORIDA ck~ 1 <" ATTEST: Commissioner - Marlene Ross <tn. p~ Ja t M. Prainito, CMC 'ty Clerk RoB-OI~ AGREEMENT REGARDING GROUP LIFE AND DISABILITY INSURANCE POLICIES FOR THE EMPLOYEES OF THE CITY OF BOYNTON BEACH UNDERWRITTEN BY LINCOLN NATIONAL LIFE e THIS AGREEMENT is made and entered into this q day of JCU\U.("~ ' 2001, between the City of Boynton Beach ("CITY") and The LINCOLN NA TIO AL LIFE INSURANCE COMPANY, successor to Jefferson Pilot Financial Insurance Company. WIT N E SSE T H: WHEREAS, on or about September 2, 2003, Jefferson Pilot Financial Insurance Company agreed to issue its group life and disability insurance policies (the "Policies") to the CITY for the benefit of employees of the CITY; and WHEREAS, the Policies continue in full force and effect; and WHEREAS, Jefferson Pilot merged with and into The Lincoln National Life Insurance Company as of July 2, 2007; and WHEREAS, the Parties acknowledge that this merger had no effect on the insurance coverage, claims service or any other provisions of the Policies; and WHEREAS, the CITY desires to execute this Agreement to acknowledge that the provisions of the Policies, including all the CITY's rights and privileges, have been assumed by THE LINCOLN NATIONAL LIFE INSURANCE COMPANY. NOW, THEREFORE, for and in consideration of the mutual covenants and other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties hereto agree as follows: Section 1. That the recitations set forth above in the "WHEREAS" clauses of this Agreement are true and correct and incorporated herein by this reference. Section 2. That the Parties agree that the merger of Jefferson Pilot Financial Insurance Company into THE LINCOLN NATIONAL LIFE INSURANCE COMPANY had no affect on the rights and privileges of the Parties or the provisions contained in the Policies. Section 3. Each person signing this Agreement on behalf of either party warrants that he or she has full authority to do so on behalf of such party, and to bind and obligate such party with respect to all provisions contained in this Agreement. Section 4. amended herein. That the Policies shall remain in full force and effect except as specifically -rl-f IN WITNESS OF THE FOREGOING, the Parties have set their hands this S day of ~~ ,20(8. - CITY OF BOYNTON BEACH BY: ~ BY: Name: Title: LIFE Kurt Bressner, City Manager Attest: ~. A ~ INITO, CITY CLERK uthenticated: Secretary S:\CA\AGMTSVefferson Pilot. Lincoln National (Arnend.).doc