HomeMy WebLinkAboutR-93-0483J-93-495
7/6/93
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RESOLUTION NO.
93- 483
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE
PROPOSAL OF MIDWEST LEGAL SERVICES, INC.
("MIDWEST") FOR THE PURPOSE OF PROVIDING A
PREPAID LEGAL SERVICES PLAN TO APPROXIMATELY
300 OF THE CITY OF MIAMI'S FULL-TIME,
NON -UNION EMPLOYEES AT NO COST TO THE CITY;
FURTHER AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH MIDWEST FOR SAID PURPOSE.
WHEREAS, the City Commission has expressed a desire to
explore the possibility of providing a prepaid legal service plan
to approximately 300 of the City's full-time, non -union employees
at no cost to the City; and
WHEREAS, the City's staff mailed invitations to bid to
various firms that provide these services; and
WHEREAS, three (3) sealed proposals were recieved from three
(3) firms who expressed a desire to provide a prepaid legal
services plan; and
WHEREAS, after evaluation of the proposals submitted,
Midwest Legal Services, Inc. was ranked as number one (1) by the
evaluation committee;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
ATTACHMENT (S)
cc, HTALKED
CITY COMMISSION
MEETING OF
J U L 2 2 1993
Resolution No.
93- 483
r'
Section 2. The proposal of Midwest Legal Services, Inc.
to provide a prepaid legal service plan to approximately 300 of
the City of Miami's full-time, non -union employees at no cost to
the City is hereby accepted.
Section 3. The City Manager is hereby authorized to
enter into an Agreement, in substantially the attached form, with
Midwest Legal Services, Inc. for said purpose.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 22nd
ATTEST:
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
T
RAMON IRI ARR
ASSISTA CT ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
..A
Rl:bf:esk:M3706
-2-
day of July 1993.
VIER L. JUAREZ-r MAYOR
93- 483
AGREEMENT
This Agreement entered into this day of ,
1993, by and between the City of Miami, a municipal corporation,
hereinafter referred to as the "CITY", and Midwest Legal
Services, Inc., hereinafter referred to as "PROVIDER".
RECITAL
WHEREAS, the CITY is desirous of giving all of its full-time
employees, excluding part-time and temporary employees, an
opportunity to enroll in a voluntary prepaid legal services plan
via payroll deductions; and
WHEREAS, Midwest Legal Services, Inc. has submitted a bid
proposal indicating a willingness to provide the services as set
forth in RFP-92-93-022;
NOW, THEREFORE, in consideration of the promises and the
mutual covenants and obligations herein contained, the parties
hereto agree as follows:
ARTICLE I
Definitions
1.1 For the purposes of this agreement, the following terms
shall be defined as set forth below.
1.2 "CITY" shall mean the City of Miami, a Florida municipal
corporation located in Dade County, Florida.
1.3 "COMMISSION" shall mean the board of elected City officials
for the City of Miami.
1.4 "ELIGIBLE EMPLOYEES" shall mean all full-time City of Miami
employees, excluding part-time and temporary employees, who
have completed 90 days of continuous active service and are
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93- 483
not employees represented or within the bargaining units
that have collective bargaining agreements with the City.
1.5 "PAYROLL DEDUCTION" shall mean the sum of monies deducted
from eligible employees' pay and who have executed a proper
authorization to have his/her pay reduced to cover the cost
of prepaid legal insurance with provider.
1.6 "POLICYHOLDER" shall mean the City of Miami.
1.7 "PROPOSAL" shall mean the benefit that Provider has agreed
to provide to eligible employees in response to a certain
Request for Proposals.
1.8 "PROVIDER" is Midwest Legal Services, Inc.
1.9 "REQUEST FOR PROPOSAL (RFP)" shall mean the response and
willingness of Provider to provide services set forth in RFP
92-93-022.
ARTICLE II
TERMS
The term of this Agreement shall be for twelve ( 12 ) months
from the date of execution and may be renewed annually
thereafter for the next two (2) years if agreeable to the
parties.
RENEWAL - Terms, premium rates, and conditions of renewal or
notice of non -renewal must be given by the insurer, in
writing, no later than one hundred twenty (120) days prior
to the expiration of the contract between Provider and
Insured to the insured and the CITY.
TERMINATION - Contract may be terminated by the CITY by the
giving of not less than sixty (60) days written notice to
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the Provider. The Provider has no right of termination
during the contract period between Provider and Insured,
except for nonpayment of premium.
ARTICLE III
Compensation
Provider shall be compensated in accordance with the rate
schedule set forth in PROVIDER's proposal in response to REP
92-93-022.
City of Miami shall deduct from insured's biweekly payroll
check the insurance premium. The CITY is not obligated to
make said payroll deduction until it has duly received in
proper form an authorization from its employee to make such
deduction from his/her payroll check.
The City will charge an administration fee to the PROVIDER
of the plan based upon the number of members in the plan,
and said fee shall be equal to 5% of the total monthly
premium.
ARTICLE IV
Service
PROVIDER shall provide a prepaid legal service plan in
accordance with the terms and conditions set forth in the
RFP and upon the terms and conditions set forth in
PROVIDER'S proposal. The RFP and PROVIDER'S proposal are
incorporated herein by reference and form a part of this
Agreement.
ARTICLE V
Nondiscrimination
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PROVIDER agrees that it shall not discriminate as to race,
sex, color, creed, or national origin in connection with its
performance under this Agreement.
Furthermore, no otherwise qualified individual shall solely,
by reason of his/her race, sex, color, creed, national
origin, or handicap, be excluded from the participation in
the prepaid legal services plan, or be subjected to
discrimination by the PROVIDER.
ARTICLE VI
Minority Procurement Compliance Clause
PROVIDER acknowledges that it has been furnished a copy of
Ordinance No. 10538, the Minority Procurement Ordinance of
the CITY, and shall comply with all applicable substantive
and procedural provisions therein, including any amendments
thereto.
ARTICLE VII
Conflict of Interest
PROVIDER covenants that, in the performance of this
Agreement, no person having conflict of interest with the
CITY shall be employed. Any conflicts of interest on the
part of PROVIDER or its employees, agents and/or servants
must be disclosed in writing to the CITY. PROVIDER is aware
of the conflict of interest laws of the CITY (City of Miami
Code Chapter 2, Article V), Dade County, Florida (Dade
County Code Section 2-11.1), and the State of Florida, and
agrees that it will fully comply in all respects with the
terms of said laws.
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93- 483
ARTICLE VIII
Compliance with Federal, State and Local Laws
Both parties shall comply with all applicable laws,
ordinances, rules, regulations, and codes of federal, state
and local governments.
ARTICLE IX
Amendments
No amendments to this Agreement shall be binding on either
party unless in writing and signed by the duly authorized
officers of both parties.
ARTICLE X
Agreement Documents
1) All of the documents hereinafter listed form part of this
Agreement as if fully set forth herein. These documents
are:
Advertisement for Bids or Request for Proposals
Proposal
Instructions to Bidders
Specifications
2) PROVIDER agrees that all documents maintained and generated
pursuant to this contractual relationship between CITY and
PROVIDER shall be subject to all provisions of the Public
Records Law, Chapter 119, Florida Statutes.
3) It is further understood by and between the parties that any
documents or things which are given by CITY to PROVIDER
pursuant to this Agreement shall at all times remain the
property of CITY and shall not be used by PROVIDER for any
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other purposes whatsoever without the written consent of
CITY and shall be returned to the CITY upon request.
ARTICLE XI
Award of Agreement
PROVIDER warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this
Agreement and that it has not offered to pay, paid, or
agreed to pay any person employed by the CITY any fee,
commission percentage, brokerage fee, or gift of any kind
contingent upon or resulting from the award of this
Agreement.
ARTICLE XII
Non-Deleaabilit
The obligations undertaken by the PROVIDER pursuant to this
Agreement shall not be delegated or assigned to any other
person or firm unless CITY by and through an authorized
officer of the DEPARTMENT shall first consent in writing to
the performance or assignment of such services or any part
thereof by another person or firm. CITY reserves the right
to refuse delegation or assignment of the rights and
obligations �of this Agreement without cause or
justification.
ARTICLE XIII
Construction of Agreement
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
ARTICLE XIV
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General Conditions
I} All notices or other communications which shall or may be
given pursuant to this Agreement shall be in writing and
shall be delivered by personal service, or by registered
mail addressed to the other party at the address indicated
herein or as the same may be changed from time to time.
Such notice shall be deemed given on the day on which
personally served; or, if by mail, on the fifth day after
being posted or the date of actual receipt, whichever is
earlier. The CITY will be notified in writing within 10
days of any change of address of the PROVIDER.
CITY OF MIAMI PROVIDER
Cesar H. Odio
City Manager
Attention:
R. Sue Weller
Labor Relations Officer
Dupont Plaza Center
Suite 428
300 Biscayne Boulevard Way
Miami, FL 33131
Midwest Legal Services, Inc.
Attention:
Robert D. Brandt, CLU
Regional Manager
7011 Central Avenue, Suite C
St. Petersburg, FL 33710
2) Title and paragraph headings are for convenient reference
and are not a part of this Agreement.
3) In the event of conflict between the terms of this Agreement
and any terms or conditions contained in any attached
documents, the terms of this Agreement shall control.
4) 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.
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93- 483
5) Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a court
of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the Unites States,
State of Florida, Dade County, or the City of Miami, such
provisions, paragraphs, sentences, words or phrases shall be
deemed modified to the extent necessary in order to conform
with such laws, or if not modified to the extent necessary
in order to conform with such laws, then same shall be
deemed severable, and in either event, the remaining terms
and provisions of this Agreement shall remain unmodified and
in full operative force and effect.
ARTICLE XV
Independent Contractor
1) PROVIDER and its employees and agents shall be deemed to be
independent contractors and not agents or employees of CITY,
and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of CITY or any rights
generally afforded classified or unclassified employees;
further they shall not be deemed entitled to the Florida
Workers' Compensation benefits as an employee of CITY.
2) Nothing contained in this Agreement, nor any act of the
CITY, or any of the parties, shall be deemed or construed by
any of the parties, or third persons, to create any
relationship of third -party beneficiary, principal and
agent, limited or general partnership, or joint venture, or
of any association or relationship involving the CITY as a
partner, joint venturer or business affiliate or associate.
-8- 93- 483
ARTICLE XVI
Amendments and Assignability
1) CITY and PROVIDER may, at their discretion, amend this
Agreement at any time to conform with any facts which may
require such amendment. Amendments, if so required, shall
be attached hereto in writing and signed by all duly
authorized representatives 'of each party.
2) This Agreement is not assignable by either party without the
written approval of the other party in the form of an
amendment hereto, which consent may be unreasonably
withheld.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized on the first date above written.
ATTEST: CITY OF MIAMI a munici al
MATTY HIRAI
City Clerk
ATTEST:
Corporate Secretary
p
Corporation of the State
of Florida
3500 Pan American Drive
Miami, Florida 33133
(305) 250-5400
By:
CESAR H. ODIO
City Manager
MIDWEST LEGAL SERVICES, INC.
400 Locust Street, Suite 480
Des Moines, IA 50309
(800) 666-5345
By:
President
-9- 93- 483
STATE OF FLORIDA)
)SS:
COUNTY OF DADE )
Before me, personally appeared each known to me, who, having
been duly sworn, acknowledged before me that the foregoing
Agreement was executed by , as President and by
as Secretary, on behalf of
DATED at Miami, Dade County, this day of
1993.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
Personally Known
Produced I.D.
Type of I.D. Produced:
Did Take An Oath
Did Not Take An Oath
My Commission Expires:
APPROVED AS TO FORM & CORRECTNESS:
�A. QUINN JONES, III
CITY ATTORNEY
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`SECURITY LIES
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RFP 92-93-022
DECEMBER 28, 1992 11: 00 AM
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MIDWEST LEGAL SERVICES
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MATTY HIRAI
CITY CLERK
CITY OF MIAMI, FLA.
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THE CITY OF MIAMI
RI -QUEST FOR I'li011OSAI I$
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GROUP PREPAID LE6ALINSUR ANCE
llcl-•Uy I nv I ted Lc) iiulvm I t w-cioosa I -s to unclerwr I 't#-- v-i ("r
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Matty Hirai
City Clerk
FROM - `6 • Sue We 1 I er
Labor Relations Officer
DATE : November 6, 1992 FILE
SUBJECT : Group Pre -Pa 1 d Legal
Insurance Bid Opening
REFERENCES:
ENCLOSURES:
Please be advised that this office Is opening a bid on Request
for Proposals for Group Pre -Pall Legal Insurance (RFP No. 92-93-
022) effective 11:00 a.m., November 20, 1992 through 11:00 a.m.,
December 28, 1992 (Advertisement No. 0422).
Should you have any questions, please call me at your
convenience.
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� CITY OF MIAMI, FLORIDA 25
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and Members DATE j FILE
of the City Commission JUL �y��
SUBJECT: Recommendation for Resolution
and Award of RFP No. 92-93-022
t .. (Group Prepaid Legal Services)
FROM Ce d i o REFERENCES.
CI h ger
ENCLOSURES:
RECOMMENDATION
It is respectfully requested that the City Commission adopt a
resolution to award a contract to Midwest Legal Services, Inc. to
provide group prepaid legal services to approximately 300 of the
City's full -time non -union employees at no cost to the City of
Miami.
BACKGROUND
In an effort to provide City employees, at their expense, the
option to acquire a quality prepaid group legal services plan,
Invitations to provide a legal services plan were sent to various
firms. Sealed proposals were received from three firms by the
deadline of December 28, 1992. Evaluation of the proposals were
performed by staff from the Department of Fire, Rescue and
Inspection, Group Benefits Division; Office of Labor Relations;
and General Services Administration and Solid Waste Department,
Procurement Division. The ranking of the proposals are as
follows: 1) Midwest Legal Services, Inc., 2) Legaiine Prepaid
Legal Services, Inc., and 3) Peninsula State Legal Services
Plan, Inc. It is jointly recommended by the Evaluation Committee
that the contract be awarded to Midwest Legal Services.
93-- 483