HomeMy WebLinkAbout20011993.tiff RESOLUTION
RE: APPROVE SPONSORSHIP AGREEMENT FOR PROPERTY AND CASUALTY
INSURANCE AND AUTHORIZE CHAIR TO SIGN -THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Sponsorship Agreement for Property
and Casualty Insurance between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and The Prudential Insurance Company of
America, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Sponsorship Agreement for Property and Casualty Insurance
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the, and The Prudential Insurance Company of
America be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of July, A.D., 2001.
BOARD OF UNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: LU I , EL „
M. J. eile, Ch it
Weld County Clerk to th egi i mow
,ge Glenn Vaad, -
BY: ./�
Deputy Clerk to the Bob` (1 -% �► ' �^� '
��►� lism H. Jerke
AP-Pla AS ORM: c1 E J
Do � y/
ouraorney
Robert D. Masden
Date of signature:
Date of full execution: k
2001-1993
PE0019
8. Termination
Either the Employer, Prudential or the relevant affiliate may, upon giving not less
than ninety (90) days written notice to the other party, terminate this Agreement,
provided that such termination will not have any effect on any insurance contract
or other agreement entered into in furtherance of this agreement, it being
understood that the termination provisions under such insurance or other
agreements shall govern.
IN WITNESS WHEREOF, we have hereunto set our hands as of the date
first above written:
The Prudential Insurance Company of America
Signature:
By: Brian Boose
Title: Vice President, Voluntary Benefits
Date:
erastar Ins rarce Company
Signature: 14291)
By: Don Smith
Title: // Marketing Director
Date: L9 ;L - a I
Weld County
e
''1 �•�.� Signature:
ATTEST: 1) •�D / � i k M. J. Gene (07/25/2001)
bhN,a;cr� _a.,�.
WELD COUNTY CLERK l V , •
�. Chair, Weld County Board of Commissioners
BY:
DEPUTY CLERK TO TH per e: July 25, 2001
Weld County(6-28-01) Ed.06/01
Prudential Sponsorship Agreement
Employer Program
This Agreement (the "Agreement"), between Weld County ("Employer"), located
at 915 Tenth Street, Greely, CO 80631, for the benefit of its employees, and The
Prudential Insurance Company of America ("Prudential"), on behalf of itself and its
affiliated companies, for the purposes of Prudential's Employer program (the "Program"),
effective as of January 23, 1993.
Prudential makes available property and casualty insurance through the worksite,
through a payroll deduction plan.
The Employer desires that, for the benefit of Employer's employees, Prudential
make available such products and services to employees of Employer who may desire
such products and services; and
Prudential is willing to extend the products and services of the program to
employees of Employer, on the terms and subject to the conditions set forth herein;
For these reasons, and in consideration of the mutual promises set forth herein, the
Employer and Prudential hereby agree:
1. Prudential Obligations
(a) Prudential shall provide personal insurance counseling services to the
employees of Employer. As used in this Agreement, the "Program" shall refer
to all insurance written by Prudential covering Employer's employees. Such
counseling services will consist primarily of the sales and service of property
and casualty insurance, by licensed sales representatives, of personal insurance
policies on a payroll deduction basis (hereinafter, called the "Program").
Unless state law so provides, Prudential shall not be obligated to sell such
policies to employees who do not meet Prudential's underwriting guidelines.
Prudential's offering of insurance pursuant to this Agreement shall be at all
times subject to Prudential's normal underwriting standards, forms and rates,
and subject to Prudential's sole discretion in making business decisions
regarding states in which it offers coverage.
(b) Prudential or its affiliate will prepare promotional information for
dissemination to employees of Employer, which materials will be prepared at
no expense to Employer. Prudential or its affiliate shall be responsible for the
content and production of such information. Such information will be
Weld County(6-28-0 1) Ed.06/01
available for dissemination both in print form and through electronic
communication, including Internet facilities accessible to employees of
Employer.
2. Employer's Obligations
(a) Employer may agree to grant Prudential access to Employer's premises when
scheduled with Employer for the purpose of providing insurance counseling
services to Employer's employees. Such agreement may be limited to
specified times and places. Prudential will comply with all such restrictions.
(b) To allow the reasonable use of internal communications, mail distribution
facilities, electronic mail and website for dissemination of information
prepared by Prudential and to inform employees of the products and services
available to Employer's employees under the Program.
(c) To allow employees to be contacted by home mailings to remind them of the
availability of applicable programs.
(d) To allow employees, who request the above mentioned products or those who
call with questions, to be contacted by telephone at the work place if
necessary.
(e) Employer shall administer premium collection through payroll deduction for
the insurance coverage issued by Prudential or its affiliates to eligible
employees of the Employer, and to forward such premiums pertaining to such
products and services among Employer and Prudential and each relevant
affiliate. It is expressly acknowledged that in administering such payroll
deduction system, Employer will be acting on behalf of Employer's employees
and at their request, and not as an agency or brokerage on behalf of Prudential
or its affiliates.
(1) Administer premium collection through payroll deduction (if available
through Sponsor) for the insurance coverage issued by the Company to
eligible employees of the Sponsor and forward such premiums to the
Company. The monthly payment must be received by the Company no later
than fifteen(15) days after the last day of each billing month.
(g) To not offer a competing product from another insurance carrier or vendor
while Prudential's program is in place.
(h) To provide Prudential or the relevant affiliate an electronic list from time to
time of the names and addresses of all employees eligible for the Program.
Weld County(6-28-01) Ed.06/01
Prudential agrees that it shall use the data only once each time in connection
with the Program, and for no other purpose.
(i) It is understood that Employer is not an agent, broker or vendor of the
products and services being offered by Prudential. Employer will not hold
itself out as an agent, broker or vendor of such products and services, but will
at all times acknowledge that the offering, sale and distribution of such
products and services are the responsibility of Prudential or its affiliates.
Employer shall have no authority to solicit, bind, negotiate or enter into
contractual relations on behalf of Prudential or its affiliates, with respect to
any Prudential products and services.
3. Employee Discount
Where approved by the applicable regulatory authority, Prudential or the relevant
affiliate agrees to provide discounts to employees of Employer who obtain
insurance pursuant to this Agreement for so long as allowed by law. These
discounts shall be in addition to Prudential's standard discounts (e.g. good driver)
which are approved for use in the relevant jurisdiction. Prudential agrees that no
interest or service fee shall be charged to Employer's employees due to the fact
that the premium is paid by payroll deductions.
4. Indemnification
(a) Prudential agrees to hold Employer, its employees, directors, shareholders and
affiliates harmless and to indemnify such parties against any and all liabilities,
losses, claims, demands or actions whatsoever which may be the subject,
arising out of, based upon or pursuant to any product(s) or service(s) offered
by Prudential or any of its affiliates to eligible employees in furtherance of this
Agreement, provided such liability, loss, claim, demand or action arises out of
the conduct of an agent or employee of Prudential or any of its affiliates and
relates to this Agreement or the product(s) or service(s) sold to eligible
employees hereunder.
Employer further agrees it must notify Prudential immediately of any claim
against Employer. Employer also agrees to allow Prudential to make any
investigations, settlement or defense Prudential in its sole discretion believes
appropriate.
(b) Employer agrees to hold Prudential, its employees, agents, directors and
affiliates harmless and to indemnify such parties against any and all liabilities,
losses, claims, demands or actions whatsoever which may be the subject,
arising out of, based upon or pursuant to (i) any misrepresentation by
Weld County(6-28-01)
Ed.06/01
Employer regarding any product(s) or service(s) offered by Prudential or any
of its affiliates; (ii) any unauthorized use by Employer or any of the name,
logo or service marks of Prudential or any of its affiliates; or (iii) any other
matters covered by this Agreement.
5. Agency
Employer is not the agent of Prudential for any purpose, including the collection
of premiums.
6. Applicable Law
This Agreement shall in all respects be governed by and construed in accordance
with the laws of the State of New Jersey, without giving effect to conflicts of law
principles.
7. Arbitration
Where a dispute arises between the parties under this Agreement, the parties shall
use their best efforts to resolve the dispute informally through discussion,
exchange of documents or meetings following either parties notice of the
existence or nature of the dispute. In cases in which the parties are unable to
resolve the dispute within thirty days, either party may require the matter to be
determined by a single arbitrator, to be mutually agreed upon. The arbitration shall
be held in Newark, New Jersey and the laws of New Jersey shall apply to such
arbitration. The arbitrator shall determine the resolution of the dispute and apply
general insurance industry standards and principles where appropriate. Failing
agreement between the parties on an appointment of an arbitrator within 30 days,
either party may make application upon notice to a court of competent jurisdiction
in Newark, New Jersey for an order appointing an arbitrator. Following the
appointment of an arbitrator, the arbitration proceedings shall be conducted
forthwith and in any event shall commence no later than seven days following
such appointment. The arbitrator shall render a determination in writing within
seven days following completion of the arbitration proceedings. Except as
expressly otherwise provided herein, the provisions of the rules of the American
Arbitration Association shall apply and the determination of the arbitrator shall be
conclusively binding upon the parties and may be entered and enforced in any
court of competent jurisdiction.
Weld County(6-28-01) Ed.06/01
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