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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-096Temp. Reso. #13967 August 23,2023 Page 1 of 4 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 Page 2 of 4 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 Page 3 of 4 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 $1,858,963 per the renewal quote (attached as Exhibit 2) with said lines of coverage to expire on September 30, 2024 and to pay any additional premium resulting from the addition of assets, and/or the annual premium audit which has been approved by the City Manager after notification to the City Commission. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part of application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #13967 August 23,2023 Page 4 of 4 SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 99d day of 2023. ATTEST: KIMBER Y DILLON CITY CLERK MI HELLE J. GOMEZ MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ L4C—,' S DIST 1: VICE MAYOR BOLTON 5ES DIST 2: COMM. WRIGHT IL3 £5 DIST 3: COMM. VILLALOBOS is-$ 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.