Agenda Item Name:
Title
Career Source three party agreement with Alachua County and ICMA for retirement benefits.
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Presenter:
Tommy Crosby, 337-6205
Description:
Career Source desires to establish a 401(a) fund and 457 Deferred Compensation Plan to provide retirement benefits to employees. To save in administrative fees, the Dual County Consortium has requested to be a part of Alachua County’s agreement with ICMA. There will be no cost to the BoCC. As a part of this agreement, there is indemnification language that will need to be waived by the Board.
Recommended Action:
Recommended Action
Waive the County’s Policy against contractual indemnity set forth in Resolution 2014-33, and approve and authorize the Chair to sign the Agreement with ICMA to establish a 401(a) fund and 457 Deferred Compensation Plan to provide retirement benefits to CareerSource North Central Florida’s employees.
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Prior Board Motions:
N/A
Fiscal Consideration:
Fiscal Consideration
No fiscal impact to the County
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Background:
BOCC Waiver of County Policy against Indemnification: The Agreement contains an indemnification provisions, which would require the County to indemnify ICMA. As per Alachua County BOCC Resolution 2014-33, the County has adopted a Policy “that the County does not indemnify contracting parties.” In recognition that there are instances when the County may determine that it is in its best interests to take on the risk of an indemnity provision, the Policy sets forth factors that the BOCC should consider when evaluating whether to approve an indemnification provision. Those factors are:
1) The availability of the goods are services from other sources;
2) The County’s need for the goods or services; and
3) The probability of an incident occurring that will expose the County to financial liability occurring.
Therefore, in accordance with Resolution 2014-33, the BOCC should consider these factors and make a determination as to whether it should waive its Policy against contractual indemnification and enter into the Agreement. Furthermore, Section 2 of the Resolution sets forth limitations on the indemnity that the County may provide in those instances when the BOCC decides to waive its Policy. The indemnification provision included in the Agreement exceed the limitations set forth in Section 2 of the Policy. Therefore, approval of this PSA will also require the BOCC to waive the requirements of Section 2 of Resolution 2014-33.