R17-068 1
2 RESOLUTION NO. R17-068
3
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5 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
6 FLORIDA, APPROVING AN AGREEMENT WITH
7 VISION SERVICE PLAN INSURANCE CO., FOR
8 VISION INSURANCE FOR CITY EMPLOYEES FROM
9 OCTOBER 1, 2017 THROUGH SEPTEMBER 30, 2018;
10 AUTHORIZING THE CITY MANAGER AND CITY
11 CLERK TO SIGN THE PROVIDER AGREEMENT; AND
12 PROVIDING AN EFFECTIVE DATE.
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15 WHEREAS, the City Commission of the City of Boynton Beach, upon
16 recommendation of staff, deems it to be in the best interests of the employees of the City of
17 Boynton Beach to approve a one (1) year Provider Agreement with Vision Service Plan
18 Insurance Company (VSP) vision plan for a term commencing October 1, 2017 to September
19 30, 2018 for city employees.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
23 as being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25 Section 2. The City Commission of the City of Boynton Beach, Florida hereby
26 approves a Provider Agreement with Vision Service Plan Insurance Company (VSP) for
27 Group Benefits: Fully Insured Vision Plan for a one year term commencing October 1, 2017
28 to September 30, 2018, a copy of which is attached hereto as Exhibit"A".
29 Section 3. The City Manager and City Clerk are authorized to sign the Provider
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30 Agreement with Vision Service Plan Insurance Company.
31 Section 4. That this Resolution shall become effective immediately upon passage.
32 PASSED AND ADOPTED this 15th day of August, 2017.
33 CITY OF BOYNTON BEACH, FLORIDA
34
35 YES NO
36
37 Mayor— Steven B. Grant
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39 Vice Mayor—Justin Katz
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41 Commissioner—Mack McCray
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43 Commissioner—Christina L. Romelus
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45 Commissioner—Joe Casello
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47
48 VOTE
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50 ATTEST:
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52 / f
53 1,7 C4 -Aig(4
54 Jud'-1 A. Pyle, CMC /
55 Ci., Clerk
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57 `
58
59 (Corporate Seal) .Y
61 Q.c+
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Ci
PROVIDER AGREEMENT FOR
GROUP BENEFITS: VISION PLAN
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and Vision Service Plan Insurance Co. (VSP) hereinafter referred to as "the
Provider", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Provider is retained by the City to provide a Vision Plan
for the City of Boynton Beach.
2. SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit "A"
attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies. Including information contained in Letter of Renewal
dated July 28, 2017. No modifications will be made to the original scope of work without
the written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving
of written notice by the City to the Provider to proceed. Provider shall perform all services
and provide all work product required pursuant to this agreement for the period beginning
October 1, 2017 through September 30, 2018, unless an extension of such time is granted in
writing by the City.
4. TERM: October 1, 2017 through September 30, 2018.
5. PAYMENT. The Provider shall be paid by the City for services rendered under this
agreement as follows:
a. The monthly premium based on number of enrollees for the City's VISION PLAN, as
referred to herein, for services provided under this agreement for the entire term of the
Agreement.
b. The Provider's records and accounts pertaining to this agreement are to be kept available
for inspection by representatives of the City and State for a period of three (3) years after
the termination of the Agreement. Copies shall be made available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Provider in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Provider shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Provider's endeavors.
7. COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
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8. INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Provider's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Provider.
9. INSURANCE. The Provider shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of$1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Provider nor any employee of Provider shall
be entitled to any benefits accorded City employees by virtue of the services provided under
this agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to Provider, or any
employee of Provider.
11. COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not
employed or retained any company or person, other than a bona-fide employee working
solely for the Provider, to solicit or secure this contract, and that he has not paid or agreed to
pay any company or person, other than a bona-fide employee working solely for the
Provider, any fee, commission, percentage, brokerage fee, gifts, or any other consideration
contingent upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The Provider, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
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15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving thirty
(30) days written notice to the Provider.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance
of this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
ATTN: Julie Oldbury
Notices to Provider shall be sent to the following address:
Vision Service Plan Insurance Co.
4521 PGA Blvd., #161
Palm Beach Gardens,FL 33418
ATTN: Mark Tafuri
18. PUBLIC RECORDS. The City of Boynton Beach is a public agency subject to Chapter
119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law.
Specifically,the Contractor shall:
1. Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service;
2. Provide the public with access to such records on the same terms and
conditions that the City would provide the records and at a cost that does not
exceed that provided in Chapter 119, Florida Statute, or as otherwise provided
by law;
3. Ensure that public records that are exempt or that are confidential and exempt
from public record requirements are not disclosed except as authorized by
law; and
4. Meet all requirements for retaining public records and transfer to the City, at
no cost, all public records in possession of the contractor upon termination of
the contract and destroy any duplicate public records that are exempt or
confidential and exempt. All records stored electronically must be provided to
the City in a format that is compatible with the information technology
systems of the agency.
The failure of Contractor to comply with the provisions set forth in this Article shall
constitute a Default and Breach of this Agreement and the City shall enforce the
Default in accordance with the provisions set forth in item 15.
19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Provider and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Provider.
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DATED this Git day of 06() , 201"
CITY OF BOYNTON BEACH
69.16/ \I6' 'ton ce.lr vic_e_au') • Cp.
City Manager Provider
Attest/Authenticated: I Ir QS I Cle,11+
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Approved as to Form: Attest/Authenticated:
Office of the City Attorney
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EXHIBIT "A"
Scope of Services
See attached Renewal Letter dated July 28, 2017.
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