R06-120
II
1
2 RESOLUTION NO. R06- f~O
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING THE
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND BOYNTON CULTURAL CENTRE, INC.;
9 AND PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the City Commission of the City of Boynton Beach deems it in
13 the best interest, health, safety and welfare of the citizens and residents of Boynton Beach to
14 enter into an Agreement with the Boynton Cultural Centre, Inc.
15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
16 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
17
Section 1.
Each Whereas clause set forth above IS true and correct and
18 incorporated herein by this reference.
19
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
20 approves and authorizes the City Manager and City Clerk to execute the Agreement between
21 the City of Boynton Beach and the Boynton Cultural Centre, Inc. for utilization of the City's
22 health and other insurance providers for the benefit of the Cultural Centre's employees. A
23 copy of said Agreement is attached hereto as Exhibit "A".
24
Section 3.
That this Resolution shall become effective immediately upon passage.
25 PASSED AND ADOPTED this ~ day of July, 2006.
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27
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ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
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Commissioner - Robert Ensler
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Commissioner - Muir C. Ferguson
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INTERLOCAL AGREEMENT
This is an Interlocal Agreement, made and entered into this a day of ~ '
2006, by and between:
CITY OF BOYNTON BEACH, a municipal corporation of the
State of Florida, hereinafter referred to as "City,"
AND
BOYNTON CUL TURAL CENTRE, a Florida non-profit
corporation, hereinafter referred to as "the BCC" or " BCC."
WITNESSETH:
WHEREAS, this Agreement is entered into pursuant to ~163.01, Florida Statutes, also
known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, the BCC is a Florida non-profit organization established August 2, 1996, as
subsequently amended; and
WHEREAS, City is providing the BCC with the ability to utilize eXIstmg City
agreements with providers of health and other insurance, thereby allowing BCC employees to
participate in health and other insurance plans under the same coverages and programs offered to
City employees; and
WHEREAS, City has entered into a health insurance plan with Blue Cross/Blue Shield of
Florida, MetLife dental, vision care, and life plans for the 2005/06 fiscal year (the "Plan"
individually or the "Plans" collectively); and
WHEREAS, BCC is desirous of participating in the City's Plans for the benefit of BCC's
employees; and
WHEREAS, City has no objection to BCC or its employees benefiting from the Plans
negotiated by City with private providers ("Plan Providers"); and
WHEREAS, the Plan Providers of coverages under the Plan have agreed to furnish
services to the BCC for the benefit of BCC employees at the same rates, benefits, incremental
costs, and terms and conditions contracted for with City;
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, City and BCC agree as follows:
S\IIR\BENEFITS\BCC
ARTICLE 1 - PURPOSE
1.1 The Purpose of this Interlocal Agreement is to permit the BCC to utilize the Plans
for coverages that are afforded to employees of the City through negotiated agreements with Plan
Providers, for the benefit of BCC employees. The parties mutually desire to formulate such
relationship in this Interlocal Agreement. The intent of the parties is that all plan administration
responsibilities, premiums, and any other costs and expenses associated with the providing of
coverage under the Plans to BCC employees shall be the responsibility of the BCC. It is also the
intent of this Agreement that any apportioned costs for stop-loss coverage and for the City's
assistance be incurred by and be the responsibility of the BCC.
ARTICLE 2 - SCOPE OF SERVICES
2.1. Subject to any separate agreement(s) being required by the Plan Provider(s) of the
City, BCC may offer enrollment to BCC employees in the Plans for the 2005/06 fiscal year
under the terms and conditions of this Agreement, and subject to renewal as provided in Article 3
below. Subject to any objection from a Plan Provider, it is the intent of the parties that the BCC
shall be subject to the Plans, coverages, negotiations, and agreements between the City and the
respective Plan Providers. BCC understands that the individual Plan Providers may require
BCC to enter into a written agreement with the Plan Provider to, in essence, piggyback the City's
agreement with the Plan Provider. However, it is further recognized that, except as negotiated
between the BCC and any Plan Provider, any such agreement between the BCC and the Plan
Provider shall be under the same terms and conditions as the City's agreement with Plan
Provider. The City's current Plans and Plan Providers are set forth in Exhibit "A," a copy of
which is attached hereto and made a part of this Agreement. Based on the City's independent
negotiations for services and coverage with Plan Providers, Exhibit "A" to this Agreement may
be amended by the City on an annual basis without the necessity of BCC or City Commission
approval.
2.2. BCC shall administer the enrollment and cancellation of BCC employees in
such Plans, and shall remit to the Plan providers on a monthly basis in accordance with the City's
agreements with any Plan Provider, the BCC'S share of contribution required for such premiums
and coverages resulting from BCC employees' enrollment in the Plan. The BCC shall be fully
responsible for collecting and remitting all required sums from its employees. BCC'S use of
Plan Provider agreements shall in no way bind the City.
2.3. It is understood and agreed that City shall not be responsible for any costs or
expenses, premiums, or contract requirements of BCC in connection with the BCC'S use of
City's Plan Providers, and that BCC shall hold harmless and indemnify City, to the extent
permitted by law, for any costs or expenses whatsoever attributable to the BCC'S providing of
and making available such insurance coverage to and for BCC employees. BCC shall reimburse
City for any additional costs, if any and in addition to those specifically provided for in this
Agreement, incurred and documented by City in performing this Agreement.
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2.4 Should BCC desire to have City provide any services in connection with the
provision of insurance benefits to BCC employees, a separate agreement or amendment to this
Agreement shall be required and mutually agreed upon by the parties.
2.5 City will provide reasonable assistance through its Human Resources
departmental staff to BCC to answer questions regarding Plans and Plan administration and in
contacting Plan Providers with BCC matters concerning the Plan(s).
2.6 BCC expressly understands and agrees that, subject to any separately negotiated
provisions between the BCC and any Plan Provider as provided for in Section 2.1 above, Plan
premiums, costs, benefits, and coverages may be changed by the City or City's Plan Provider
throughout the term of this Agreement.
2.7 Except as specifically provided in sections 2.8 and 2.9 of this Agreement, BCC
shall make all required payments directly to Plan Providers, which will bill and invoice BCC
separately from City, in accordance with the agreement between the BCC and the Plan Provider.
BCC shall have separate account numbers, separate accounts, and separate invoices with Plan
Providers.
2.8 BCC shall have no right to select any of the present or future Plan Providers of
the City; nor shall BCC have any right under this Agreement to determine coverages, premiums,
or terms and conditions of agreements between the City and any Plan Provider.
2.9 Should City purchase stop-loss coverage from any Plan Provider, BCC agrees to
pay its share of the premium for such stop-loss coverage, apportioned based on the number of
BCC employees and the additional pooling charges assessed by Plan Provider(s). Unless
otherwise directed in writing by City, BCC shall pay City directly for this incremental cost in
advance on an annual basis. BCC shall pay City pooling charges in accordance with Exhibit
"B", a copy of which is attached hereto and made a part of this Agreement.
2.10 On a monthly basis, in advance, BCC shall pay the City an administrative charge
equal to Ten ($10.00) for each BCC employee enrolled in any Plan of the City. This
administrative charge shall cover a portion of the costs incurred to the City in assisting the
District and their employees with issues related to insurance and Plan coverages.
ARTICLE 3 - TERM OF AGREEMENT
3.1 This Agreement shall be deemed to have commenced on 1,2006, and shall
continue in full force and effect until terminated by either party in accordance with Article 5
below.
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ARTICLE 4 - GOVERNMENTAL IMMUNITY
4.1 City is a state agency as defined in Chapter 768.28, Florida Statutes, and BCC is
a public agency created pursuant to Chapter 163, Florida Statutes. To the extent permitted by
law, each party agrees to be fully responsible for acts, omissions, and negligence of their agents,
officers, or employees. Nothing herein is intended to serve as a waiver of sovereign immunity
by any party to which sovereign immunity may be applicable. Nothing herein shall be construed
as consent by a state agency or political subdivision of the State of Florida to be sued by third
parties in any matter arising out of this Agreement or any other contract.
4.2 Both parties acknowledge that this an Interlocal Agreement created pursuant to
Section 163.01, Florida Statutes, and that each party shall retain all legislative authority with
regard to its respective governing body. All of the privileges and immunities from liability;
exemptions from laws, ordinances, and rules; pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents or employees of
any public agency when performing their respective functions within the territorial limits for
their respective agency shall apply to the same degree and extent to the performance of such
functions and duties of those officers,. agents, or employees extra-territorially under the
provisions of any Interlocal Agreement.
ARTICLE 5 - TERMINATION
5.1 This Agreement may be terminated by either party by giving notice of termination
in accordance with Article 6 herein at least sixty (60) days prior to the expiration of any renewal
of a Plan or any new Plan, provided that such termination does not adversely impact the City in
its contractual relationships with Plan Providers. City may terminate the Agreement
immediately upon notice from any Plan Provider that BCC is not complying with plan
administration procedures or is not paying premiums to a Plan Provider in a timely manner, and
such default or breach by the BCC may adversely impact City's agreement with that Plan
Provider.
ARTICLE 6 - NOTICES
6.1 Any and all notices given or required under this Agreement shall be in writing and
may be delivered in person or by United States mail, postage prepaid, first class and certified,
return receipt requested, addressed as follows:
TO CITY:
City Manager
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
S\l!R\13fHF [I TS\I1CC
With copy to:
City Attorney
100 East Boynton Boulevard
Boynton Beach, Florida 33435
TO BCC:
Arleen Dennison
Executive Director
BCC
129 E. Ocean Avenue
Boynton Beach, FL 33435
With copy to:
Kenneth Kaleel
BCC Attorney
555 N Congress Avenue #301
Boynton Beach, FL 33426
ARTICLE 7 - MISCELLANEOUS PROVISIONS
7.1 ASSIGNMENT: Neither party shall have the right to assign this Agreement
without the express mutual consent of the other party.
7.2 DISPUTES: In the event that a party has a dispute with respect to the other
party's performance hereunder, the party shall notify the other party in writing in accordance
with Article 6, advising of the disputed matter. In the event that the disputed matter is not
resolved to the satisfaction of the BCC and the City, the dispute shall be submitted to a mediator
mutually agreed to by the parties before any litigation is brought.
7.3 WAIVER: The waiver by either party of any failure on the part of the other party
to perform in accordance with any of the terms or conditions of this Agreement shall not be
construed as a waiver of any future or continuing similar or dissimilar failure.
7.4 SEVERABILITY: If any terms or provisions of this Agreement, or the application
thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision, to any person or
circumstance other than those as to which it is held invalid or unenforceable, shall be deemed
valid and enforceable to the extent permitted by law.
7.5 ENTIRE AGREEMENT: It is understood and agreed that this Agreement
incorporates and includes all prior negotiations, agreements or understandings applicable to the
S..\IIR\T3EJiEIITS\T3(:r
matters contained herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements, whether oral or written.
7.6 INDEPENDENT CONTRACTOR: City is an independent contractor under this
Agreement. Any services provided by City pursuant to this Agreement shall be subject to the
supervision of City. In providing such services, neither City nor its agents shall act as officers,
employees, or agents of the BCC. This Agreement shall not constitute or make the parties a
partnership or joint venture. It is understood and agreed that employees of the BCC are not
entitled to any benefits offered by the City to City employees, including those benefits offered by
Plan Providers pursuant to this Agreement. Any benefits to BCC employees are conveyed by
the BCC and at the cost, expense, and liability of BCC.
7.7 MODIFICATION: It is further agreed that no modifications, amendments or
alterations in the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith..
7.8 CHOICE OF LA W; WAIVER OF JURY TRIAL: Any controversies or legal
problems arising out of this transaction and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of
the Fifteenth Judicial Circuit of Palm Beach County, Florida, the venue situs, and shall be
governed by the laws of the State of Florida. In the event any causes of action arising out of this
Agreement are pre-empted by federal law, any such controversies shall be submitted to the
jurisdiction of the United States District Court for the Southern District of Florida. To encourage
prompt and equitable resolution of any litigation that may arise hereunder, each party hereby
waives any rights it may have to a trial by jury of any such litigation.
7.9 DRAFTING: This Agreement has been negotiated and drafted by all parties
hereto and shall not be more strictly construed against any party because of such party's
preparation of this Agreement.
7.10 RECORDING: This Agreement shall be recorded in the public records of Palm
Beach County, in accordance with the Florida Interlocal Cooperation Act of 1969.
IN WITNESS WHEREOF, the parties have hereto set their hands and seals this
day of , 2006.
BOYNTON CULTURAL CENTRE, INC.
By:
Brian Edward, President
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ATTEST:
Attest:
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an Buchanan, Secretary
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CITY OF BOYNTON BEACH
EXHIBIT" A"
Plan Providers
Medical - BlueCross BlueShield of Florida
BlueCare@ for large employer groups is an HMO product offered by Health Options, Inc. (Hal), a
subsidiary of Blue Cross and Blue Shield of Florida. The features of BlueCare@ are:
· A full range of benefits for hospital, physician and other medical services
· Preventive care, such as routine physical exams, well-child care, immunizations and
health care screenings
· Predictable costs through pre-determined copayments for health benefits as long as
care and referrals are coordinated through a Primary Care Physician
Our BlueChoice@ PPO (Preferred Provider Organization) plan offers the freedom to choose any
doctor and hospital for care. However, members receive maximum benefits and are free from
claims filing and balance billing when they choose physicians and providers who participate in
the PPO network.
Our BlueOptionsSM PPO health insurance policy offers members the freedom to choose any
doctor and hospital for care. However, they can maximize their benefits, and free themselves
from claims filing and balance billing, by choosing physicians and providers who participate in
our NetworkBluesM* provider network. Additionally, members are protected from balance billing
when they receive covered services from an Out-of-Network provider who participates in our
Traditional Program Network.
Dental - MetLife Group Dental
Dental care is a part of healthy living, and for this reason a dental benefit plan is a highly
appreciated employee benefit. Yet, many employers do not offer a dental benefit plan as part of
their overall benefits programs. This can add a financial burden for employees. Fortunately,
MetLife has the knowledge and innovation to offer a range of affordable dental benefit plans to
fit the needs of nearly all employers.
Vision - VisionCare Plan
VisionCare Plan offers employees and their dependents a benefit that covers all routine
eyecare, including eye exams and eyeglasses (lenses and frames) or contacts. The plan
features:
· In-Network and Out-of-Network benefits.
· Exam Plus, if you prefer contacts you get your exam plus an allowance for contacts in
place of lenses and frames.
Life & LTD
Jefferson Pilot provides life insurance and accidental death coverage to all employees and their
dependents.
Program Terms
The medical, dental and vision care programs are all annual programs with a contract renewal
date of October 151; however the programs are administered on a calendar year basis. The life
and AD&D are on a 3 year contract.
S\lIRmENEIlIS\BCC
EXHIBIT "B"
BOYNTON BEACH CULTURAL CENTRE. INC. ( BeC)
Special Annual Pooling Charge Statement
Pooling
Rate and Annual
Type Monthly Pooling
Coverage Enrollment Total Expense
EO 2 $ 17.98 $ 431.52
ES 0 $ 36.85 $ 0.00
EC 0 $ 33.97 $ 0.00
EF 0 $ 42.71 $ 0.00
TOTAL
2
$ 35.96
$ 431.52
Note: The above pooling charge calculation for BCC is based on enrollment during the last
month of the 12 month experience period upon which The City's 10/1/2005 renewal was
based. The actual annual expense charge will be prorated to the date of coverage and
accounted in October 2006. Should average enrollment be less than that shown above,
The City will reimburse BCC the amount of pooling expense charge overpaid. Should
the enrollment be less than that shown above, then BCC will pay The City the additional
pooling charge incurred. (actual annual enrollment times the above pooling expense
charge rates will equal the actual annual pooling expense charge for the 10/1/2005 _
9/3012006 policy year.)
S\tLmn.E.NEBT$_\13s'~('
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Sharyn Goebelt
Director, Human Resources
FROM:
Janet M. Prainito
City Clerk
DATE:
July 26, 2006
RE:
R06-120 - Interlocal Agreement with Boynton Cultural Centre regarding
Health Insurance Plan
Attached for your information and processing is the original agreement stated above
that was approved by the City Commission at their meeting on July 18, 2006. Please
forward the attached document for signatures by the Boynton Cultural Centre and
return the fully executed original to the City Clerk's Office for retention in our Central
File.
Thank you.
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Attachment