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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-1391 Temp. Reso. #11482 September 17, 2008 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008- Z�-� RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND AWARD BID NUMBER 08-18R ENTITLED "EMPLOYEE VOLUNTARY BENEFITS" TO THE MOST RESPONSIVE AND RESPONSIBLE PROPOSER, AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS (AFLAC), FOR EMPLOYEE VOLUNTARY BENEFITS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AGREEMENTS WITH AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS (AFLAC) FOR EMPLOYEE VOLUNTARY BENEFITS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac provides for a voluntary, employee paid, benefits program through Colonial Life and Accident Insurance Company and Metropolitan Life Insurance Company; and WHEREAS, the City of Tamarac, publicly advertised Request for Proposal Number 08-18R for Employee Voluntary Benefits in the Sun Sentinel June 8 and June 15, 2008; and WHEREAS, on June 30, 2008 four proposals were received; and WHEREAS, a Committee consisting of the Assistant Director of Utilities, Benefits Specialist, Fire Rescue Driver Engineer and Payroll Coordinator reviewed the proposals submitted and narrowed the selection to three proposals for further review and written presentations; and Temp. Reso. #11482 September 17, 2008 Page 2 WHEREAS, after further evaluation, it was determined that American Family Life Assurance Company of Columbus (AFLAC) provided the most comprehensive employee voluntary benefit package; and WHEREAS, it is the recommendation of the City Manager and the Director of Human Resources that the City award the Employee Voluntary Benefits Program to American Family Life Assurance Company of Columbus (AFLAC) as described in the Agreement, attached as Exhibit 1; 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 approve and award RFP Number 08-18R, Employee Voluntary Benefits to American Family Life Assurance Company of Columbus (AFLAC); and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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. SECTION 2: That the appropriate City officials are hereby authorized to execute the agreement with American Family Life Assurance Company of Columbus (AFLAC) as the provider of Employee Voluntary Benefits for City of Tamarac employees. SECTION 3: That all resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #11482 September 17, 2008 Page 3 SECTION 4: That if any clause, section, or other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this Xday of4-1 , 2008. w. BETH FLANSBAUM-TALABISCO MAYOR ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. A40ES.GOREN CITY ATTORNEY 1 RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM PORTNER DIST 2: COMM ATKINS-GRA DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER EXHIBIT 1 AGREEMENT BETWEEN THE CITY OF TAMARAC /_\ ►1 f, AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS (AFLAC) THIS AGREEMENT is made and entered into this ��-"lday of �Z= 20LF , by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and American Family Life Assurance Company of Columbus (AFLAC), a Georgia corporation with principal offices located at 1932 Wynnton Road, Columbus, GA 31999 (the "Consultant") to provide Voluntary Employee Benefit Services for City of Tamarac employees. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Consultant agree as follows: 1) The Contract Documents The contract documents shall consist of this Agreement, Request for Proposal Document No. 08-18R, titled "Voluntary Employee Benefits" including all conditions therein, (including any General Terms and Conditions, Supplementary Conditions, Statement of Work or any other provisions contained within the document), any and all addenda, Proposal executed and submitted by the Consultant, specifications, bond(s), (if applicable), and insurance certificate(s), the City Resolution awarding the project, and all modifications issued after execution of this Agreement, and the proposal response submitted by AFLAC, dated June 30, 2008. These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event of a conflict between this document and any other contract documents, this Agreement shall prevail, followed in precedence by Request for Proposal Document titled "Voluntary Employee Benefits: as issued by the City of Tamarac, and the proposal response from AFLAC dated June 30, 2008. 2) The Work 2.1. The Consultant shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Consultant shall furnish all labor, materials, and equipment necessary to provide voluntary employee benefits for City of Tamarac employees. 2.1.2 Consultant shall comply with all requirements of Request for Proposal #08-18R titled "Voluntary Employee Benefits". 2.1.3 Consultant shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Consultant, its employees, agents or sub -consultants, if any, with respect to the work and services described herein. 2.1.4 Consultant shall provide a local contact agent who will be responsible for coordinating program efforts with the City on behalf of Consultant. The local contact shall be responsible for meeting with employees on a regular basis, as mutually determined by the City and the local contact to provide information about available voluntary employee benefits, and to enroll employees as applicable for voluntary employee benefits. In addition, local contact shall assist the City and employees in providing supplemental information and responding to employee and City staff inquiries regarding the program. 2.1.5 The local contact person for purposes of this Agreement shall be Future Funding Unlimited, Inc., represented by Mr. Bruce Pockey, 7474 NW 114, Terrace, Parkland, FL 33076. In the event that the assigned local contact is unable to fulfill the requirements of the Agreement, AFLAC shall assign a new local contact, upon receiving written permission by the City. 3) Insurance 3.1. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as specified in the original bid or proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Consultant will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Consultant shall indemnify and hold the City harmless for any damages resulting from failure of the Consultant to take out and maintain such insurance. Consultant's Liability Insurance policies shall be endorsed to add the City as an additional insured. Consultant shall be responsible for payment of all deductibles and self-insurance retentions on Consultant's Liability Insurance policies. VA 4) Term The work to be performed under this Agreement shall be commenced upon execution of this Agreement. The term of this Agreement shall be for an initial period of three (3) years, with up to two (2) two (2) year renewal options for a total of an additional four (4) years, providing all terms and conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. 5) Pricing Pricing for services provided to employees shall be as shown in the Consultant's response to Request for Proposal 08-18R titled "Voluntary Employee Benefits" dated June 30, 2008. 6) Payments The City shall make payments to Contractor upon receipt of employee payments. Contractor shall provide an acceptable invoice to the City as required. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 7 ) Indemnification To the fullest extent permitted by law, AFLAC shall protect, defend, indemnify and hold harmless the City of Tamarac, its agents, elected officials and employees (collectively, the "Indemnified Parties") from any claims on or against AFLAC insurance policies by its Employees who have applied for and been issued an AFLAC policy or policies ("Policy(ies):) which claim is attributable to: (i) the failure of AFLAC to comply with the provisions of the Policy; or (ii) any disagreements between its Employees and Aflac with respect to the coverage provided under the Policy. This hold harmless shall not apply to claims arising out of or related to any criminal misconduct or fraud by the Indemnified Parties or related to the City's responsibilities under any applicable State and Federal laws. This indemnification shall be null and void unless Indemnified Parties provides AFLAC with timely written notice of any actual or threatened claim. This provision does not create any third party rights. 8) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Consultant will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Consultant further agrees that he/she will ensure that Sub -consultants, if any, will be made aware of and will comply with this nondiscrimination clause. 9) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Consultant is an independent contractor under this Agreement and not the City's employee for any 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 Internal Revenue Code, the State Workers Compensation Act, and the State Unemployment Insurance law. The Consultant shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Consultant, which policies of Consultant shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant agrees that it is a separate and independent enterprise from the City, that it had 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 the Consultant and the City and the City will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums. 10) Assignment and Subcontracting Consultant shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11 ) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONSULTANT American Family Life Assurance Company of Columbus (AFLAC) 1932 Wynnton Road Columbus, GA 31999-0001 ATTN: Ms. Deborah Griffin, Second Vice President, Sales Administration 1-800-992-3522 12) Termination 11 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Consultant for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 12.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Consultant of written notice of such neglect or failure. 13) Uncontrollable Forces 13.1 Neither the City nor Consultant shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a parry of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 13.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 14) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 15) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 16) Signatory Authority The Consultant shall provide the City with copies of requisite documentation evidencing that the signatory for Consultant has the authority to enter into this Agreement. 17) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 18) Merger; Amendment This Agreement constitutes the entire Agreement between the Consultant and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Consultant and the City. 18) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. Remainder of Page Intentionally Blank IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONSULTANT, signing by and through its representative, duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk Date /_ll09NW9 (Co orat a tary) M. Loudermilk Type/Print Name of Corporate Secy (CORPORATE SEAL) Date Jeff4reyMi er, try Date: Approv d a to f r and legal sufficiency: it Attof ney American Family Life Assurance Company of Columbus (AFLAC) Company Name Signature of Authorized Re r entative Deborah Griffin Type/Print Name of Authorized Representative Date CORPORATE ACKNOWLEDGEMENT STATE OFLA�/ W, COUNTY OF�� HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared . E % t •1-r F rim , of American Family Life Assurance Company of Columbus (AFLAC), a Georgia Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of Z,. , 20 C`)3 W COMMISSION EXPIRES FEB. 20, 2012 'c A, x-Signature of Notary Public State ofF*MdTat Large L�c,c'c it I G. ,✓L / Print, Type or Stamp Name of Notary Public (0 Personally known to me or ❑ Produced Identification Type of I.D. Produced DID take an oath, or El DID NOT take an oath. Client#: 103008 30AFLACINCOR ACORDTM CERTIFICATE OF LIABILITY INSURANCE ' 06/20/Zoo8 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION J Smith Lanier & Co. -Columbus ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 1997 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Columbus, GA 31902 706 324-6671 INSURERS AFFORDING COVERAGE NAIC # INSURED Aflac Incorporated Attn: Mr. Nelson Phillips INSURER A: St. Paul Guardian INSURER B: Travelers Indemnity Co. of CT INSURERC: St. Paul Protective Ins. 1932 Wynnton Road Columbus, GA 31999 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD' NSR TYPE OF INSURANCE POLICY NUMBER DATEYMMI ErrE YYE POLICYION MM/DOT ) LIMITS A GENERAL LIABILITY FS06804129 05/16/08 05/16/09 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGETO RENTED riccurrencel $1 000 000 CLAIMS MADE FX-1 OCCUR VIED EXP (Any one person) $1 000 PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2 00O 000 POLICY JEC LpG ECT A AUTOMOBILE LIABILITY ANY AUTO FS06804129 05/16/08 05/16/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per parson) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIREDAUTO5 NON -OWNED AUTOS Hired Physical X X PROPERTY DAMAGE (Per accident) $ Comp-$1,000 Ded Damage Coverage ActualCashValue X Coll-$1,000 Ded GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMS MADE FS06804129 05/16/08 05/16/09 EACH OCCURRENCE $10 000 000 AGGREGATE $10 000 000 $ DEDUCTIBLE $ X RETENTION $ 10 000 B WORKERS COMPENSATION AND U82547L614 05/16/08 05/16/09 X WG STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $SDO,000 E.L. DISEASE - EA EMPLOYEE $500,000 OFFIGEWMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT s500,000 C OTHER Property/EDP FS06804130 05/16/08 05/16/09 Blanket Building / $5,000 Dedcutible Replacement Cost Contents / EDP Limit: Includinq Theft Special Form $339,361,753 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Tamarac is named as Additional Insured with respects to the General Liability coverage if required by written agreement or contract, but only with respects to the operations of the Named Insured, and subject to the provisions and limitations of the policy. The City of Tamarac Purchasing and Contract Division 7525 NW 88th Avenue Fort Lauderdale, FL 33321 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _3A. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) 1 of 2 #S496924/M488002 0, LZW © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #S496924/M488002 AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS (Aflac) CONSENT TO ACTION BY THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS The undersigned, constituting all of the members of the Executive Committee of the Board of Directors of AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS (Aflac), herein the "Corporation," do hereby consent to the adoption of and do hereby adopt the following resolution as of July 1, 2008, with the same force and effect as if it were adopted at a meeting of the Executive Committee of the Board of Directors of the Corporation duly called and held in accordance with the Corporation's Bylaws. IT IS HEREBY RESOLVED that, Teresa Lynn White, Executive Vice President, Chief Administrative Officer; Lynn B. Fry, Vice President, Sales Support and Administration; Deborah B. Griffin, Second Vice President, Sales Administration; and Jeffrey A. Arrington, Second Vice President, Agents' Accounting, are appointed as the elected and qualified incumbents of the Corporation, and are duly authorized on behalf of Aflac to execute responses to Requests for Proposals submitted by employers who seek the opportunity to offer Aflac insurance products to their employees. IN WITNESS WHEREOF, the undersigned have caused this Consent to be duly executed as of the I't day of July, 2008. DANIEL P. AMOS, Chairman PAUL S. AMOS, II KRISS CLONIIVGER, III KENNETL . JANKE, SR. E. STEP. EN PURDOM