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Home My WebLink AboutContract 28041 (2)� I I EMPLOYER AGREEMENT FOR VOLUNTARY BENEFITS PROGRAN �IiY ��R�T'A�Y � b�i� CONTI�ACi �O , �1 i This EMPLOYER AGREEMENT FOR VOLUNTARY BENEFITS PRO�GRAM {the "AgreemenY'} is entered into this � day of 5��cr , 2002 by a�d between AGB Brokera�e Campany, Inc., an Arizona carporation, dba: AGB ("AGB"), havir�g a princigal place of business at 7100 E. Lincoln Dr�ve, Suite A-106, Scottsdale, Arizona 852�3, and the City of Fart Worth, a Texas municipality ("City"}, having a principal place of business at 1000 Throckmorton, Fort Worth, TX 76102, collectively referred to herein as (the "Parties"). RECITALS A. WHEREAS, AGB desires to iin�lement a process of establishing its g�roup voluntary Universal Life program offered through Met Life to City the City and ii's employees; and B. WHEREAS, th� City desires to allow implementation of AGB's Universal Life program offered tk�rough Met Life ; NOW, THER.EFORE, in consideration of the foregoing and the covenants set forth herein, the Parties agree as follows: AGREEMENT 1. AGB's Duties. AGB hereby agrees to offer to eligible employe�s of the City (the "Employ�es" or "Employee"}, a voluntary benef�t prograrn (the "AGB Plan"} which shall include permanent universal lif� insurance thraugh Texas Life Insurance Company (MetLife company). AGB will provide services to the City in relation to the AGB Plan to the extent of: {i) coordinating with vendars to pro�vide services for enrollment, including salaried Benefit Advisors to cammunicate the voluz�ta.zy program; (ii) camnauxxication of pragram benefits to Ernployees through Open Enrollment period occurring October 1, 2002 through Ootaber 31, 2002; iii) provit�ing support servic�es related to the enroll�nent process, during norrnal business hours; {iv) providing administrative �anuals and master contracts to the Ci�y; (�j payi.ng a.11 assaciated e�naroliments casts; {vi} warkzng with the Gity to determine the enrollment start da�e; (vii) providing administratirve support and cusfiomer servic� support related to the AGB Plar�; (viii) provide 6,OOQ, �2-14 page, two-color total benefits guide outlining the benefits ofF�red to all full-time ben�fit eligible City employees ta be campleted by Octaber 31, 20�2; (viizi) and employee and retiree benefit communication consulting. 2. Citv's Duties. The City will pravide payroll slot and will waive the standard payroll service fee to MetLife in return for their prafessianal services b�ing offered to the City of Fort Worth. 3. Term. Subject to the provisions for termination as hereinai�er provided, ihe term of this Agreement shall extend_from the date of execution of ihis ��-�� ,f�; - until December 3 I, 2003 and shall autornatically be renewed for addi�ior�al or�, �; i,��`�,� ��;�;�� 1 : �-�1' u ��In �s�� ` ,� ��: � � ..� ' � , ,� „i, - - N��.fi �s�� j � terms unless, either party gives �{��) days prior written notice, at the address set forth below, to the other party of its intent to terminate this Agreernent. 4. Acc�ss to Er�ployees. City will a11ow AGB access to its Eanployees at its plaee of business, during the course of open enrollment from Octobe� 1, 2002 to �ctober 31, 2002 as outlined by City. 5. Wiihholdin�s Related ta AGB Plan. The City shall, through monthly payroll deductions, withhold amounts necessary from Employee paychecics in accordanc� wiih a respeotive Employee's participation in tlie AGB Plan and reinit such payments to the respect��e City underwriting said p1an. The City sha11 not withhold any amounts for retirees. 6. Emt�loyee Pian Terminatian, In the �vent any Employee terminates or discontinues participation wi�h the AGB Plan, the City shall notify AGB of said Employee's termination or discontinuarice and sha11 provide AGB any amounts owed relating to the AGB Plan through and including the date of ter�ination. 7. Notices. Any notices ta be given hereunder by either party to the other may be effected either by personal delivery in writing oz by mail, registered ar certified, postage prepaid with return receipt requested. Mailed notices shall be addxessed to the parties at the addresses appearing in the introductory paragraph of this A�reement, but each party may char�ge s�ch addresses hy written natice in accardance with this paragraph. Notices delivered personally will be c�eemed communicated as of actual r�ceipt. MaiZed notices will be deemec� communicaied as of two days after mailing. 8. Na Discriininatian. AGB agrees that in fhe performance of this Agreement it wi11 not discriminate or permit discrimination against any person or group of persons on the grounds of sex, race, color, religion, or natural origin in any manner prahibit�d by the laws of the United States. 9. Ho1d Hazmless. I� either party sbould be presented with a claim aileging a negligent act or an o�nission on the performance of its services under this Agreernent, the party alleged to have performed the negligent act or omission shall defend, indeinnify and hold harml.ess the other party hereto. The inder�nified party shall make available to the indeinrvfying party or its z`epresentatives all records and oiher materials required by them and in the possession or under the contz-o� of the indemnified party, for the use of the indemnifying party and its representatives in defending any such claim, and sha11 in other respeets give reasonable cooperation in sueh defense. 10. Entire AQreement of the Parties. Except as provided herein, this Agreernent supersedes any and all agreements, either oral or written, between the parties and contains a11 the covenants and agree�nent between the parties with respect to the zendering of such services in any manner whatsoever. Each party to this Agreerr�ent acknowlec�ges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or az�yone acting an behalf of any party, that are not embodied herein, and that no other agreement, statement, or promise not contained in _ this Agree�nent shall be valid or binding. Any modification of this A��r,.�.��,-,�� ,��;�� effective only if it is in w�iting signed by the party to be charged. '� ` �: � "" '� •�''�J'� 2 � � r � : -":,;i;'�;�1�:� �� ?"' h�q � "w I1. Parties in Interest. T�is Agreement is enforceable only by AGB and the City. 12. Governa.n� Law. This Agreennent will be governed by and construed in accordance with the Iaws of the Siate of Texas. 13. No Oral Modification. This Agreement may not b� modified orally and shall not b� binding or effective unless and until it is signed by the parties hereto. 14. Venue. The proper t�enue for any proceeding at 1aw or in equity or any arbitration proceeding shall be Tarrant Coun#y, Texas, and the parties hereto do hereby waive any right to objec# to the venue. I5. Severabilitv. Any provision hereof �rohibited by, or unlawftzl or unenforceable under, any applicable law of any jurisdiction shall as to such jurisdiction be ineffective without ef£ecting any ather provisian of tb.zs Agreement az- the enforceability thereof in any other jurisdiction. 16. No Third Partv Beneficiaries. Nothing in fihis Agreemen# whether expr�ssed or implied, is intended ta cor�vey any rights or remedies under ar by reasan af this agreement upon azty persons other tharn the parties to this Ag�reemer�t. Further, notkiing in this agreement is intended to relieve or discharge the obligation or liability of any third parties to any party to this Agreement, nor shall an� pro�isivn give ariy third persan any ri�ht of subrogation or actian over or against any party to t�is Agreement. However, whenever this Agteernent requires or conternplates action by a t�ird party, such action shaIl n.ot be an abligation of a party to this Agreement, bu# only a condition of the obligations of the parties hereto. 17. Bindin� Effect; No Assi�nent. This Agreement shall be hinding upon each party, its successors a�.d assi�ns; however, neither this Agreeznent n.or any of the benefits of this Agreement shall be assigned by the City without the written eonsent of AGB, �,vhich consent AGB may withhold in iis sole and absolute discretion. 18. Headin�s and Interp:retation. Section hea�iings or captions contained in �his Agreement are for reference purposes only and shall not in any way affect the meaning or interpretafion of the Agreement. No provision in this Agreement is to be interpreted for or against either party b�cause that party or his legal representative drafted such pravision. 19. Counterparts. This Agreernenf may be execUted in two or mare counterparts, each of which shall be deemed an original but all of �vhich together shall eonstitute one and the same instrument. 2Q. No Waiver. The failure of either pas-ty at any time to require performance by the other party, of any provision hereof shall not affect in any way the right to requir� such performance at any later time nor shall the waiver by either party of breach of any provisian hereof be taken or held to be a v�aiver o£ such provision v��,��eet �� , � ��,,m ,� � � subsequent breach. `�� I?! '. �i :'� : �� i' � � . � '� � 3 � �� . �: i��:��r �� . .� �� 21. ODUortunity for �qnsultation with Counsel. The partie5 acknowledge and understand that the execution o� this Agreernent and ancillary dacuments in connection herewith creates certain legal rights and responsibilities between the parties. The parties hereby represent and warrant that they have had the opportunity to consult with legal counsel regarding the legal effect of the agreement contemplated hereunder and that they have consulted with coun�el prior fo enter�ng in#o this transaction or have voluntarily chosen noi to consult with counsel. 22. Compliance with La�w. Each party in carrying out the activities contemplated under this Agreement, shall comply with and adhere to all laws, orders, rules, and regulations of the State of Arizona or any governing agency. 23. Authoritv. The Parties have full power and authority to enier into this Agreernent. This Agreement has been duly exec�ted and delivered and is a valid and binding obligatian of the Parties enforceable in aecordance with its terms and all require�ents far execution, delivery and pe�'o:nmance of �is Agreement have been cornplied with and all requirements for the perfonnance hereof to be complied with hereafter, will be eomplied within a�imely manner. 1N WITNESS WHEREOF, the Parties have signed this Agreement on the day, monkh aand yeaz� first above written. AGB Brokerage Cornpany, Inc., an Arizona corporation �� _ �: _, �� ' � ?�� !�nntraCG Authori�scfOn Date By: %7�� Name: Kevin Greenha Its: Vice President, Operations "AGB" City of Fort�Warth By. �+� � Name: �� . Its: J�'s��S�'�� C�'['� l�A�I�+� APP A5 M ��`�'� �.�.� , _ ra ��'v� �Gty A '� pa�e �i �•�. �, � , . �.. . ,J��,il . ; ,' �� „1�'I�'�� , � �I+�, ��i. . ... -+il�{�