HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-096Temp. Reso. #13967
August 23,2023
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023- 07G
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA
AUTHORIZING THE RENEWAL OF GENERAL
LIABILITY, AUTOMOBILE LIABILITY,
AUTOMOBILE PHYSICAL DAMAGE, WORKERS'
COMPENSATION, AND PROPERTY LINES OF
COVERAGE INCLUDING ANY ENDORSEMENTS
WITH THE FLORIDA MUNICIPAL INSURANCE
TRUST (FMIT) FOR A ONE (1) YEAR PERIOD
BEGINNING OCTOBER 1, 2023 AT A COST OF
$1,858,963 AND PAYMENT OF ANY INCREASE
RESULTING FROM THE ANNUAL PREMIUM
AUDIT AND/OR ADDITIONS TO THE PROPERTY
SCHEDULE; PROVIDING FOR CONFLICTS, -
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac currently holds several lines of insurance
coverage with the Florida Municipal Insurance Trust (FMIT); and
WHEREAS, the City's policies with the FMIT for General Liability,
Automobile Liability, Automobile Physical Damage, Workers' Compensation, and
Property expire September 30, 2023 ; and
WHEREAS, the FMIT has submitted renewal premiums to the City ; and
WHEREAS, if the City renews its line of coverage, the FMIT will provide
payment for all defense costs incurred with the City being responsible for
settlement and judgment costs up to $25,000 per claim for General Liability,
Temp. Reso. #13967
August 23,2023
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Automobile Liability, and Workers' Compensation claims, and $50,000 for damage
to City Property; and $10,000 for Automobile Physical Damage; and
WHEREAS, the City's policies with the FMIT for General Liability,
Automobile Liability, Automobile Physical Damage, Workers' Compensation and
Property are quoted as an estimated premium, and are subject to an adjustment
based on the annual premium audit or any additions to the property schedule; and
WHEREAS, the FMIT has signed the Agreement Exhibit Certification to the
original Agreement which addresses Scrutinized Companies and E-Verify as
required by Florida Statues (attached as Exhibit 1); and
WHEREAS, the City Manager and the Director of Human Resources
recommend that the City renew its General Liability, Automobile Liability,
Automobile Physical Damage, Workers' Compensation and Property lines of
coverage including any endorsements with the FMIT for a one year period
beginning on October 1, 2023 based on the renewal quote of $1,858,963 as
submitted by the FMIT (attached as Exhibit 2) and to pay any additional premium
resulting from the annual premium audit and/or the addition of assets; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
renew the City's General Liability, Automobile Liability, Automobile Physical
Damage, Workers' Compensation and Property lines of insurance coverage with
the FMIT for one year period beginning on October 1, 2023, as outlined above.
Temp. Reso. #13967
August 23,2023
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: The City Commission approves the renewal and authorizes
the appropriate City officials to execute the necessary documents to effectuate the
renewal of the City's General Liability, Automobile Liability, Automobile Physical
Damage, Workers' Compensation and Property lines of coverage including any
endorsements with the Florida Municipal Insurance Trust (FMIT) for a one year
period beginning on October 1, 2023 at a cost of $1,858,963 per the renewal quote
(attached as Exhibit 2) with said lines of coverage to expire on September 30, 2024
and to pay any additional premium resulting from the addition of assets, and/or the
annual premium audit which has been approved by the City Manager after
notification to the City Commission.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part of application, it shall not affect the validity of the remaining portions
or applications of this Resolution.
Temp. Reso. #13967
August 23,2023
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SECTION 5: This Resolution shall become effective immediately upon
adoption.
PASSED, ADOPTED AND APPROVED this 99d day of
2023.
ATTEST:
KIMBER Y DILLON
CITY CLERK
MI HELLE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
L4C—,' S
DIST 1: VICE MAYOR BOLTON
5ES
DIST 2: COMM. WRIGHT
IL3 £5
DIST 3: COMM. VILLALOBOS
is-$
DIST 4: COMM. DANIEL
S65
APPROVER AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE THE CITY OF TAMARAC ONLY.
HANS OTTINOT
CITY ATTORNEY
EXHIBIT 1
TAMARAC TR13967
The City For Your Life
City of Tamarac Purchasing and Contracts Division
AGREEMENT EXHIBIT CERTIFICATION
The CITY OF TAMARAC (CITY), a municipal corporation with principal offices
located at 7525 NW 88th Avenue, Tamarac FL 33321, and the undersigned CONTRACTOR
executing this document by and through its authorized agent
The following terms are hereby added to the original Agreement:
1. Public Records
1.1 The CITY is a public agency subject to Chapter 119, Florida Statutes. The
CONTRACTOR shall comply with Florida's Public Records Law. Specifically,
CONTRACTOR shall:
1.1.1 Keep and maintain public records required by the CITY in order to
perform the service;
1.1.2 Upon request from the CITY, provide the public agency with a copy of
the requested records or allow the records to be inspected or copied
within a reasonable time at no cost to the CITY.
1.1.3 Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except
as authorized by law for the duration of the contract term and following
completion of the Agreement and any renewals thereof if
CONTRACTOR does not transfer the records to the CITY.
1.1.4 Upon completion of the Agreement, transfer, at no cost to the CITY,
all public records in possession of CONTRACTOR, or keep and
maintain public records required by the CITY to perform the service. If
CONTRACTOR transfers all public records to the CITY upon
completion of the Agreement, CONTRACTOR shall destroy any
duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If CONTRACTOR keeps
and maintains public records upon completion of the Agreement,
CONTRACTOR shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to
the CITY, upon request from the CITY's custodian of public records in
a format that is compatible with the information technology systems of
the CITY.
1.2 During the term of this Agreement and any renewals, CONTRACTOR shall
maintain all books, reports and records in accordance with generally
accepted accounting practices and standards for records directly related to
this contract.
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
2. Public Records Custodian
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
3. Scrutinized Companies
By execution of this Agreement, in accordance with the requirements of F.S,
287.135 and F.S. 215.473, CONTRACTOR certifies that CONTRACTOR is not
participating in a boycott of Israel. CONTRACTOR further certifies that
CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on
the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, nor has
CONTRACTOR been engaged in business operations in Syria. Subject to limited
exceptions provided in state law, the CITY will not contractforthe provision of goods
or services with any scrutinized company referred to above. Submitting a false
certification shall be deemed a material breach of contract. The CITY shall provide
notice, in writing, to CONTRACTOR of the CITY's determination concerning the
false certification. CONTRACTOR shall have five (5) days from receipt of notice to
refute the false certification allegation. If such false certification is discovered during
the active contract term, CONTRACTOR shall have ninety (90) days following
receipt of the notice to respond in writing and demonstrate that the determination of
false certification was made in error. If CONTRACTOR does not demonstrate that
the CITY's determination of false certification was made in error then the CITY shall
have the right to terminate the contract and seek civil remedies pursuant to Section
287.135, Florida Statutes, as amended from time to time.
4. E-Verify
As a condition precedent to entering into this Agreement, and in compliance with
Section 448,095, Fla. Stat., Contractor and its subcontractors shall, registerwith and
use the E-Verify system to verify work authorization status of all employees hired
after January 1, 2021. Contractor shall require each of its subcontractors to provide
Contractor with an affidavit stating that the subcontractor does not employ, contract
TAMARAC
The City For Your Life
of Tamarac Purchasing and Contracts Division
with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of
the subcontractor's affidavit as part of and pursuant to the records retention
requirements of this Agreement. City, Contractor, or any
subcontractor/subconsultant who has a good faith belief that a person or entity with
which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the
provisions of this section shall terminate the contract with the person or entity. City,
upon good faith belief that a subcontractor knowingly violated the provisions of this
section; but Contractor otherwise complied, shall promptly notify Contractor and
Contractor shall immediately terminate the contract with the subcontractor. An
agreement or contract terminated under the provisions of this section is not a breach
of contract and may not be considered such. Any agreement or contract termination
under the provisions of this section may be challenged pursuant to Section
448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this
Agreement by the City for a violation of this section by Contractor, Contractor may
not be awarded a public contract for at least one (1) year. Contractor further
acknowledges that Contractor is liable for any additional costs incurred by the City
as a result of termination of any contract for a violation of this section. Contractor or
subcontractor shall insert in any subcontracts the clauses set forth in this section;
requiring the subcontractors to include these clauses in any lower tier subcontracts.
Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in this section.
Florida League of Cities, Inc.
Company Name
rate Secretary Signature
17ne 0,-,,yVX Michael J Morrill
rint Name of Corporate Secy
" u-'s
Date
(CORPORATE SEAL)
Type/Print Name
8/15/2023
Date
EXHIBIT 2
TR13967
FLORIDA
.� MUNICIPAL
INSURANCE TRUST
Protectirng the Communities We Caff Nome
RENEWAL QUOTE FOR 2023-2024
City of Tamarac
FMIT 0584
Coverage Deductible
General/Professional Liability $25,000
Automobile Liability $25,000
Automobile Physical Damage Per Schedule
Property $50,000
Workers' Compensation $25,000
Experience Modification 0.71 10/1/23
TOTAL NET PREMIUM
`Includes: Drug Free Credit: Yes
Safety Credit: Yes
Limit
$5,000,000
$2,000,000
$122,155,281
Total Payroll
$35,546,274
Premium
$367,014
$94,116
$26,411
$1,100,913
$270,509
$1,858,963
Please Note: All descriptions of coverage provided herein are intended for illustration and general discussion purposes.
Do not rely upon this communication for coverage. Refer to the FMIT Coverage Agreement(s) for applicable coverage
terms, conditions, limits and obligations.
The premiums quoted above are priced according to the coverage lines presented. Any change or deletion of
coverages may result in re -pricing of remaining coverage lines.
"Please see next page for options if applicable.