HomeMy Public PortalAbout21-9884 Renewal Agrmt with Sapoznik InsuranceSponsored by: City Manager
RESOLUTION NO. 21-9884
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING A
RENEWAL OF THE PROFESSIONAL SERVICES
AGREEMENT WITH SAPOZNIK INSURANCE &
ASSOCIATES, INC, PROVIDING AGENT OF RECORD
INSURANCE SERVICES FOR THE CITY OF OPA-LOCKA'S
EMPLOYEES BENEFIT PLANS; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka ("City"), through Resolution 15-9020,
approved the selection of Sapoznik Insurance & Associates, Inc. to provide Agent of
Record Insurance Services for the City's Employee Benefit Plans pursuant to Request
for Proposals 15-0106100; and
WHEREAS, the City entered into a contract with Sapoznik Insurance &
Associates, Inc. on July 9, 2015, for a three-year term, which included a clause
permitting three (3) additional one-year renewals at the original five percent (5%)
commission rate; and
WHEREAS, the City subsequently approved a renewal of the contract for a 1 -
year term on June 27, 2018, pursuant to Resolution 18-9505. The City's Agent of
Record for Employee Benefit Programs contract has expired, and there is a need to
solicit said services; and
WHEREAS, the City is currently soliciting an Agent of Record for the City' s
Employee Benefits Plans through a competitive Request For Proposals process
which is scheduled to close on July 7th, 2021; and
WHEREAS, due to the benefit year commencing on October 1st, it is in the
best interest of the City to defer any new selection of an Agent of Record to the
following year to allow sufficient timing for implementation; and
WHEREAS, the City Manager recommends the execution of an additional
one-year renewal term (second renewal) of the original agreement to ensure that
adequate time is given to properly solicit quality health benefits for City employees;
and
Resolution No. 21-9884
WHEREAS, the City Commission desires to renew the Agreement, attached
hereto as Exhibit "A", with Sapoznik Insurance & Associates, Inc. to provide Agent
of Record Insurance Services for the City's Employee Benefit Plans.
NOW THEREFORE BE IT RESOLVED THAT THE CITY COMMISSION
OF THE CITY OF OPA LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-Locka hereby authorizes
the City Manager facilitate renewal of the Agreement, attached hereto as
Exhibit "A", with Sapoznik Insurance & Associates, Inc. to provide Agent of
Record Insurance Services for the City's Employee Benefit Plans.
Section 3. Effective Date. This Resolution shall take effect upon the
adoption by the City of Opa-Locka and is subject to the approval of the
Governor or Governor's Designee.
PASSED AND ADOPTED this 14th day of July, 2021.
Attest to:
anna Flores
ity Clerk
Moved by: Commissioner Taylor
Seconded by: Commissioner Davis
Matthew Pigatt
Mayor
Approved as to form and legal sufficiency:
(41/
( S(� live
Burnadette Norris- eks, A.
City Attorney
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Resolution No. 21-9884
VOTE: 4-0
Commissioner Burke ABSENT
Commissioner Davis YES
Commissioner Taylor YES
Vice -Mayor Williams YES
Mayor Pigatt YES
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City of Opa-locka
Agenda Cover Memo
Department
Director:
Kierra Ward, MBA
Department
Director
Signature:
City
Manager:
John E. Pate
CM Signature:
�!/►%�
Commission
Meeting
Date:
07/14/2021
Item Type:
(EnterX in box)
Resolution
• d' ance
Other
X
Fiscal
Impact:
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Yes
No
Ordinance Reading.
(EnterX in box)
1st Reading
2" Reading
X
Public Hearing:
(EnterX in box)
Yes
No
Yes
No
X
X
Funding
Source:
Account#:
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Ex:
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O.
Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority Area:
Enhance Organizational m
Bus. & Economic Dev •
Public Safety
Quality of Education El
Qual. of Life & City Image •
Communication irn
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
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Sponsor
Name
City Manager
Department:
City Manager's Office
Short Title:
A resolution authorizing the City Manager to execute a written agreement to extend the contract with Sapoznik
Insurance and Associates Inc to provide Agent of Record services for the City's benefits program for an
additional year.
Staff Summary:
Staff is recommending to execute the one year interval renewal option of the original agreement to ensure that
adequate time is given to properly solicit quality health benefits for City employees. The City is currently
soliciting an Agent of Records through a competitive RFP process which is scheduled to close on July 7th, 2021.
Due to the benefit year commencing on October 1st, it is in the best interest of the City to defer any new
selection of an Agent of Record to the following year to allow sufficient. timing for implementation.
Financial Impact - There is no immediate financial impact for these services since the proposed insurance
providers will pay the Agent of Record a commission when their services are approved by the City. There is a
more substantial financial impact in terms of the benefit rates the Agent of Record is able to negotiate with the
various insurance providers since the cost of these benefits will approach $1 million in FY 22, but this impact
isn't quantifiable at this time.
Proposed Action:
Execute written agreement which will allow the Agent of Record to solicit bids from Insurance providers for
the upcoming benefit year starting October 1, 2021.
Attachment:
CITY OF OPA-LOCKA
AGENT OF RECORD
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into this day of
, between the City of Opa-locka, a Florida Municipal corporation, located at 780
Fisherman Street, Opa-locka, FL 33054, ("City"), and Sapoznik Insurance & Associates, Inc., A World
Insurance LLC organization, a Florida for-profit corporation with a principal business address of 1100 NE
163 Street, 2nd Floor, North Miami Beach, FL 33162 ("Contractor"). The City and Contractor shall
collectively be referred to as the "Parties" WHEREAS the City desires to retain an experienced, licenses
and insured agent to provide Agent of Record insurance services for the City's employee benefits plans, in
accordance with the terms, conditions and specifications contained in the Agent of Record services for
City's Employee Benefit Plans.
RECITALS
WHEREAS, the Contractor has expressed the capability and willingness to perform the Services; and
WHEREAS, on July 19, 2015 Resolution Number 15-9029 was passed and adopted by the City
Commission approving the selection of Contractor and further authorizing City Manager to negotiate the
execute an agreement for provision of services (Resolution:)
TERMS
The City and Contractor agree to exercise the option to renew the agreement for a one year interval for the
period October 1, 2021- September 30, 2021.
IN WITNESS WHEREOF, the Parties have executed this Agreement by their respective proper officers
duly authorized the day and year first written above.
ATTEST: Sapoznik Insurance & Associates, Inc., A World Insurances
LLC Company, a Florida for - profit corporation: "Contractor"
By:
Print Name: Rachel Sapoznik
Title: Title: CEO
ATTEST: CITY OF OPA-LOCKA, A FLORIDA Municipal Corporation:
"City"
By: By:
Print Name: Joanna Flores
City of Opa- locka
Title: City Clerk
Date:
Print Name: John E. Pate
City of Opa-locka
Title: City Manager
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
Print Name: City Attorney
City of Opa-locka
City Attorney
Date:
CITY OF OPA-LOCKA
AGENT OF RECORD
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered
into this 9Thday ()Duly , 2015 between the City of Opa-Locka, a Florida
municipal corporation, located at 3400 NW135st St., Opa-Locka, FL 3305 ("City"),
and Sapoznik Insurance & Associates, Inc., a Florida for-profit corporation with a
principal business address of 1100 NE 163 Street, 2d Floor, North Miami Beach, FL
33162 ("Contractor"). The City and Contractor shall collectively be referred to as the
"Parties".
RECITALS
WHEREAS, the City desires to retain an experienced, licensed and insured agent
to provide Agent of Record insurance services for the City's employee benefits plans
("Services"), in accordance with the terms, conditions and specifications contained in the
City's Request for Broker Services, RFP NO.15-0106100, Agent of Record Services for
City's Employee Benefits Plans ("RFP"); and
WHEREAS, the Contractor has expressed the capability and willingness to perform the
Services as described in the RFP; and
WHEREAS, on July 8, 2015 Resolution No. 15-403A was passed and adopted
by the City Commission, approving the selection of Contractor and further
authorizing the City Manager to negotiate and execute an agreement for provision of
Services ("Resolution").
NOW, THEREFORE, in consideration of the mutual terms and conditions set
forth herein and other good and valuable consideration, the Parties hereto agree as
follows:
CITY OF OPA-1.00CA
AGENT OF RECORD
PROFESSIONAL SERVICES AGREEMENT
ARTICLE I - RECITALS
1.1 The recitals are true and comet and are hereby incorporated into and made a part
of this Agreement.
ARTICLE II - CONTRACT DOCUMENTS
2.1 The following documents are incorporated into and made a part of this Agreement
(collectively referred to as the "Contract Documents"):
a) The RFP, including all amendments and/or addendums;
b) Contractors response to the RFP ("Qualifications"); and
c) Any additional documents which are required to be submitted under the RFP for the
provision of Services.
2.2 In the event of any conflict between the Contract Documents or any ambiguity or
missing specification or instruction, the following priority is hereby established:
a) Specific written direction from the City Manager or City Manager's designee.
b) The Agreement.
c) The RFP.
d) The Proposal.
2.3 The Parties agree that Contractor was responsible for clarifying any ambiguity,
conflict, discrepancy, omission, or other error found in the RFP prior to Contractor
submitting its Qualifications or the right to clarify same shall be waived.
ARTICLE III -TERM
3.1 The Parties agree that the initial term of this Agreement shall be three (3) years,
subject to negotiation of terms with the contractor and the concurrence of the City of
Opa-Locka City Commission and availability of annual appropriation.
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CITY OF OPA-LOCKA
AGENT OF RECORD
PROFESSIONAL SERVICES AGREEMENT
3.2 Following the initial term, the City shall have the option to renew the Agreement
for three (3) additional one-year renewal intervals if both Parties agree in writing.
Should the City not desire to renew the Agreement, the City shall give a non -renewal
written notice to Contractor within sixty (60) days prior to the expiration of the annual
anniversary date of the Agreement. Should the Contractor not desire to continue the
Agreement, the Contractor shall give a non -renewal written notice to the City at least
one hundred twenty (120) days prior to the expiration of the annual anniversary
date of the
Agreement.
ARTICLE IV- CON7PENSATION
4.1 Sapoznllc will contract Healthcare, or Medical, at 5% commission rate. Upon decision
of specific carrier, all commission will be agreed upon, by both parties, and disclosed in writing
to City of Opa-Locke
Sapoznik will contract supplementary products at standard commission rate (usually 10%) for the
below products. All commissions will be agreed upon, by both parties, and disclosed in writing
to City of Opa-Locks
• Dental
• Vision
• Basic Life and AD&D Insurance
Standard percentage based commission of all voluntary products will be paid at the standard
commission rate to Sapoznllc Insurance. Voluntary products are defined as any insurance
product, selected by employee, retiree or dependant, which are 100% paid by the previous
mentioned, at no expense to City of Opa-lock& All percentages will be disclosed in writing to
City of Opa Iocka at time of carrier selection and voluntary product selection which to, at a
minimum, include;
• Self/Dependant term life insurance
• Disability Insurance
• Cancer Policy
• Critical Care Policy
• Legal lnsurance
• Accident Insurance
• Hospital insurance
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CITY OF OPA-LOCRA
AGENT OF RECORD
PROFESSIONAL SERVICES AGREEMENT
ARTICLE V - SCOPE OF SERVICES
5.1 Contractor agrees to perform Services for the benefit of the City under the special
terms, schedules, and conditions set forth in this Agreement and Contract Documents.
Contractor shall perform Services in accordance with that degree of care and skill
ordinarily exercised by reputable members of its profession.
s2 Contractor shall furnish all services, work, labor, equipment, and materials
necessary in the performance of Services, to the satisfaction of the City. The City shall
decide all claims regarding interpretation of the Contract Documents and on all other
matters relating to the execution, progress and quality of the work to be performed under
this Agreements In cases of disagreement or ambiguity regarding quality of Services, the
City shall decide all questions, difficulties and disputes of whatever nature that may arise
under this Agreement.
53 Contractor represents and warrants to the City that: (i) Contractor possesses all
qualifications, licenses and expertise required in the provision of Services, including but
not limited to full qualification and good standing to do business in Florida with
personnel fully licensed by the State of Florida; (ii) Contractor is not delinquent in the
payment of any sums due the City, including payment of permit fees, local business
taxes, or in the performance of any obligations to the City; (iii) all personnel assigned to
perform work shall be, at all times during the term hereof, fully qualified and trained to
perform the tasks assigned to each; (iv) the Services will be performed in the manner and
at such times and locations as described in the Contract Documents for the budgeted
amounts, rates and schedules; and (v) the person executing this Agreement on behalf of
Contractor is duly authorized to execute same and fully bind Contractor as a party to this
Agreement.
5.4 Contractor agrees and understands that: (i) any and all subcontractors used by
Contractor shall be paid by Contractor and not paid directly by the City; and (ii) any and
all liabilities regarding payment to or use of subcontractors for any of the work related to
this Agreement shall be borne solely by Contractor.
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CITY OF OPA-LOOCA
AGENT OF RECORD
PROFESSIONAL SERVICES AGREEMENT
ARTICLE VI - INDEPENDENT CONTRACTOR
6.1 Contractor and its employees and agents shall be deemed to be independent
contractors and not City agents or employees. Accordingly, Contractor shall not attain,
nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the
City, nor any rights generally afforded classified or unclassified employees of the City.
Contractor further understands that Florida workers' compensation benefits available
to employees of the City are not available to Contractor, and agrees to provide workers'
compensation insurance for any employee or agent of Contractor rendering Services to
the City under this Agreement.
ARTICLE VII - DEFAULT
7.1 If Contractor fails to comply with any term or condition of this Agreement, or
fails to perform any of its obligations hereunder, then Contractor shall be in default. The
City shall have the right to terminate this Agreement, in the event Contractor fails to cure
a default within fifteen (15) business days after receiving notice of default. Contractor
understands and agrees that termination of this Agreement under this section shall not
release Contractor from any obligations accruing prior to the effective date of
termination. The Contractor shall be liable for damages as provided by Florida law.
7.2 An event of default shall mean a breach of this Agreement and/or Contract
Documents by the Contractor. Without limiting the generality of the foregoing and in
addition to those instances referred to as a breach, an event of default shall include, but not
be limited to the following:
a) Contractor has misrepresented information to the City;
b) Contractor has not performed Services on a timely basis;
c) Contractor has refused or failed to supply enough properly skilled personnel;
d) Contractor has failed to make prompt payments to subcontractors or suppliers
for any services;
e) Contractor has failed in any representations made in this Agreement or
Contract Documents; or
f) Contractor has refused or failed to provide Services as specified in this
Agreement and/or Contract Documents.
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CITY OF OPA-000(A
AGENT OF RECORD
PROFESSIONAL SERVICES AGREEMENT
73 When, in the opinion of the City, reasonable grounds for uncertainty exist with
respect to Contractor's ability to perform any portion of Services, the City may request
that the Contractor, within a reasonable time frame set forth in the City's request, provide
adequate assurances to the City in writing, of Contractor's ability to perform in
accordance with terms of this Agreement. In the event that the Contractor fails to provide the
City the requested assurances within the prescribed time frame, the City will treat such
failure as a breach of this Agreement.
ARTICLE VIII - CITY'S TERMINATION RIGHTS
8.1 The City shall have the right to terminate this Agreement, in its sole discretion at
any time, without cause, upon thirty (30) days written notice to Contractor. The City shall
not be liable to Contractor for any additional amounts or damages, including but not
limited to, anticipated profits, or consequential or incidental damages.
ARTICLE IX - CONFISIQTS OF INTEREST
9.1 Contractor covenants that no person under its employ who presently exercises any
functions or responsibilities on behalf of the City in connection with this Agreement has
any personal financial interest, directly or indirectly, with contractors or vendors
providing professional insurance services, except as fully disclosed and approved by the
City.
ARTICLE X - OWNERSHIP QF DOCUMENTS
10.1 All documents resulting from the provision of Services under this Agreement shall
be deemed the sole property of the City, and the City shall have all rights incident to sole
ownership. All such documents shall be provided to the City once the Services are
completed. In the event the Agreement is terminated, Contractor agrees to provide the City
all documents relating to the Services within 10 days from the date the Agreement is
terminated.
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CRY OF OPAL-LOCKA
AGENT OF RECORD
PROFESSIONAL SERVICES AGREEMENT
ARTICLE XI - NOTICE
11.1 All notices, demands, correspondence and communications between the City and
Contractor shall be deemed sufficiently given under the terms of this Agreement when
dispatched by registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
To Contractor.
To City:
Sapoznik Insurance and Associates, Inc.
1100 NE 163 Street, 2nd Floor
North Miami Beach, FL 33162
City of Opa-locks
3400 NW 135* St, Bldg B
Opa-Locka, FL 33054
Attention: City Manager
ARTICLE XII - PUBLIC RECORDS
12.1 Contractor understands that the public shall have access, at all reasonable times,
to all documents and information pertaining to City contracts, subject to the provisions of
Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable law.
ARTICLE XIII - COMPLIANCE WITH LAWS
13.1 Contractor agrees to comply with and observe all applicable federal, state, and
local laws, rules, regulations, codes and ordinances, as they may be amended from time
to time.
ARTICLE XIV - INDEMNIFICATION
14.1 Contractor shall defend, indemnify and hold harmless the City, its officers and
employees from and against any and all claims, costs, losses and damages including, but
not limited to reasonable attorney's fees, caused by the negligent acts or omissions of the
Contractor, its officers, directors, agents, partners, subcontractors, employees, and
managers in the performance and furnishing Services under this Agreement.
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CRY OF OPA-LOCI(A
AGENT OF RECORD
PROFESSIONAL SERVICES AGREEMENT
14.2 Nothing contained in this Agreement is any way intended to be a waiver of the
limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes.
Additionally, the City does not waive sovereign immunity, and no claim or award against
the City shall include attorney's fees, investigative costs or pre judgment interest.
ARTICLE XV - WARRANTIES
16.1 The Contractor warrants that Services shall comply with the Contract Documents
and with the usual thoroughness and competence of the Contractor's profession.
16.2 In the event Contractor fails to perform its duties according to the terms of this
Agreement, Contractor shall be liable to the City for all costs incurred in enforcing the
terms of this Agreement, including but not limited to attorney's fees.
ARTICLE XVI - MISCELLANEOUS PROVISIONS
17.1 No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall
be effective unless made in writing.
17.2 Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in
order to conform with such laws, or if not modifiable, then same shall be deemed
severable, and in either event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effect or limitation of its use.
17.3 This Agreement and Contract Documents constitute the sole and entire agreement
between the Parties hereto. No modification or amendment shall be valid unless in
writing and executed by properly authorized representatives of both Parties.
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CITY OF OPA-LOCKA
AGENT OF RECORD
PROFESSIONAL SERVICES AGREEMENT
17.4 The Services to be provided by Contractor pursuant to this Agreement shall be
non-exclusive and nothing shall preclude the City from engaging other firms to perform
Services.
17.5 Services shall not be subcontracted, transferred, conveyed, or assigned under this
Agreement in whole or in part to any other person, firm or corporation without the prior
written consent of the City.
17.6 This Agreement shall be construed and enforced according to the laws of the State
of Florida. Venue m any proceedings between the Parties shall be in Miami -Dade
County, Florida.
17.7 The City reserves the right to audit the records of the Contractor covered by this
Agreement at any time during the execution of the Services for a period of three years.
ARTICLE MI - NON-DISCRIMINATION
18.1 Contractor agrees that it shall not discriminate as to race, sex, color, creed,
national origin, or disability, in connection with its performance under this Agreement -
ARTICLE XIII - COUNTERPARTS
19.1 This Agreement may be executed in two or more counterparts, each of which
shall constitute an original but all of which, when taken together, shall constitute one and
the same Agreement.
[The remainder of this page is intentionally left blank]
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CITY OF OPA-LOCKA
AGENT OF RECORD
PROFESSIONAL SERVICES AGREEM ENT
IN WITNESS WHEREOF, the Parties have executed this Agreement by their
respective proper officers duly authorized the day and year first written above.
ATTEST:
Corporate Secretary:
By:
Print Name:
Title:
ATTEST:
Joanna
City of Opa-Iocka Print Naine: - L. Baker, Sr.
City Clerk
Date: 01 I ao 1 c (J Title: City Manager
SAPOZNIK INSURANCE & ASSOCIATES, INC.,
a Florida for-profit corporation:
"Contractor"
Print Name:
Rachel Saooznik
Title:
CEO
CITY " F OP
Munici , : C
"City"
a Florida
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: '.
Vincent Brown, Esq.
City of Opa locks
City Attorney
Date:
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