R04-191
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1 RESOLUTION R04-1 q I
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF AN
5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF
6 BOYNTON BEACH AND THE SOUTH CENTRAL
7 REGIONAL WASTEWATER TREATMENT AND
8 DISPOSAL BOARD ALLOWING THE BOARD TO
9 UTILIZE THE CITY'S BENEFIT PLANS; AND
10 PROVIDING AN EFFECTIVE DATE.
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12 WHEREAS, the City has heretofore provided the Board with the ability to
13 utilize existing City agreements with providers of health and other insurance,
14 thereby allowing Board employees to participate in health and other insurance plans
15 under the same coverages and programs offered to City employees; and
16 WHEREAS, the City has entered into a health insurance plan with Blue I
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17 Cross/Blue Shield of Florida, MetLife dental, vision care and life plans for the
18 2004/05 fiscal year; and;
19 WHEREAS, the Board is desirous of continuing to participate in the City's I
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20 I Plans for the benefit ofthe Board's employees; and I
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21 I WHEREAS, staff has reviewed and recommends acceptance of the
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22 I Interlocal Agreement, a copy of which is attached hereto and made a part hereof as
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23 I Exhibit "A".
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24 ' I NOW, THEREFORE, BE IT RESOLVED BY THE CITY I
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25 I COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses hereby ratified
26 I are and
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27 confirmed as being true and correct and are hereby made a specific part of this
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28 Resolution upon adoption hereof.
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1 Section 2. Upon recommendation of staff, the City Commission does
2 hereby authorize the execution of this Interlocal Agreement between the City of
3 Boynton Beach and the South Central Regional Waste Water Treatment & Disposal
4 Board, a copy of which is attached hereto and made a part hereof as Exhibit "A".
5 Section 3. That this Resolution shall become effective immediately upon I
6 passage.
7 PASSED AND ADOPTED this ~ day of November, 2004.
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INTERLOCAL AGREEMENT
This is an Interlocal Agreement, made and entered into this í day of
~, 2004, by and between:
CITY OF BOYNTON BEACH, a municipal corporation of the
State of Florida, hereinafter referred to as "City,"
AND
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD, an entity created
pursuant to Section 163.01, Florida Statutes, hereinafter referred to
as lithe Board" or_"Board. II
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 Board is a Independent Special District of the City of Boynton Beach
and the City of Delray Beach, created pursuant to an Interlocal Agreement dated December 26,
1974, as subsequently amended; and
WHEREAS, City has heretofore provided the Board with the ability to utilize existing
City agreements with providers of health and other insurance, thereby allowing Board 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 2004/05 fiscal year (the "Plan"
individually or the "Plans" collectively); and
WHEREAS, Board is desirous of continuing to participate in the City's Plans for the
benefit of Board's employees; and
WHEREAS, City has no objection to Board 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 Board for the benefit of Board employees at the same rates, benefits, incremental
costs, and terms and conditions contracted for with City;
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NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, City and Board agree as follows:
ARTICLE 1 - PURPOSE
1.1 The Purpose of this Interlocal Agreement is to permit the Board to utilize the
Plans for coverages that are afforded to employees of the City through negotiated agreements
with Plan Providers, for the benefit of Board employees. The Board has utilized the City's
health, dental, vision, and life Plans, without objection from Plan Providers in the past, and 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 Board employees shall be
the responsibility of the Board. 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 the responsibility of the
Board.
ARTICLE 2 - SCOPE OF SERVICES
2.1. Subject to any separate agreement(s) being required by the Plan Provider(s) of the
City, Board may offer enrollment to Board employees in the Plans for the 2004/05 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 Board
shall be subject to the Plans, coverages, negotiations, and agreements between the City and the
respective Plan Providers. Board understands that the individual Plan Providers may require
Board 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 Board and any Plan Provider, any such agreement between the Board 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 Board or City Commission
approval.
2.2. Board shall administer the enrollment and cancellation of Board 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 Board's share of contribution required for such premiums
and coverages resulting from Board employees' enrollment in the Plan. The Board shall be fully
responsible for collecting and remitting all required sums from its employees. Board'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 Board in connection with the Board's use of
City's Plan Providers, and that Board shall hold harmless and indemnify City, to the extent
permitted by law, for any costs or expenses whatsoever attributable to the Board's providing of
and making available such insurance coverage to and for Board employees. Board shall
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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.
2.4 Should Board desire to have City provide any services in connection with the
provision of insurance benefits to Board 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 Board to answer questions regarding Plans and Plan administration and in
contacting Plan Providers with Board matters concerning the Planes).
2.6 Board expressly understands and agrees that 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,_Board
shall make all required payments directly to Plan Providers, which ""ill bill and invoice Board
separately from City, in accordance with the agreement between the Board and the Plan
Provider. Board shall have separate account numbers, separate accounts, and separate invoices
with Plan Providers.
2.8 Board shall have no right select any of the present or future Plan Providers of the
City; and nor shall Board 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, Board agrees to
pay its share of the premium for such stop-loss coverage, apportioned based on the number of
Board employees and the additional pooling charges assessed by Plan Provider(s). Unless
otherwise directed in writing by City, Board shall pay City directly for this incremental cost in
advance on an annual basis. Board 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, Board shall pay the City an administrative charge
equal to Ten ($10.00) for each Board 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 October 1, 2004, 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 Board is
a Dependent Special District created by Interlocal Agreement. 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 Board 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 Board 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
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With copy to:
City Attorney
100 East Boynton beach Boulevard
Boynton Beach, Florida 33435
TO BOARD:
Executive Director
South Central Regional Wastewater Treatment & Disposal Board
1801 South Congress Avenue
Delray Beach, Florida 33345
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 Board 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
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 Board. This Agreement shall not constitute or make the parties a
partnership or joint venture. It is understood and agreed that employees of the Board are not
entitled to any benefits offered by the City to City employees, including those benefits offered by
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Plan Providers pursuant to this Agreement. Any benefits to Board employees are conveyed by
the Board and at the cost, expense, and liability of Board.
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 eqùal dignity herewith..
7.8 CHOICE OF LAW; 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. 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 ,2004.
SOUTH CENTRAL REGIONAL
WASTEWATER TREA TMENT AND
DISPOSAL BOARD
By:
Print name: , Chairman
ATTEST:
Print name: , Secretary
Approved as to form:
Robert W. Federspiel, Board Attorney
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CITY OF BOYNTON BEACH
~(Í?f1~
Kurt Bressner, City Manager
(CITY SEAL)
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EXHIBIT" A"
Plan Providers
Medical - BlueCross BlueShield of Florida
BlueCare® for large employer groups is an HMO product offered by Health Options, Inc. (HOI), 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
screenmgs
· Predictable costs through pre-detennined 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.
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 1 st; however the programs are administered on a calendar year basis. The life and
AD&D are on a 3 year contract.
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EXHIBIT "B"
SOUTH CENTRAL REGIONAL WASTE WATER (Board)
Special Annual Pooling Charge Statement Due 10/1/2004
Pooling
Rate and Annual
Type Monthly Pooling
Coverage Emollment Total Expense
EO 14 $ 15.96 $2,681.28
ES 2 $ 32.71 $ 785.04
EC 0 $ 30.16 $ 0.00
EF 4 $ 37.91 $1,819.68
TOTAL 20 $440.50 $5,286.00
Note: The above pooling charge calculation for Board is based on emollment during the last
month of the 12 month experience period upon which The City's 10/1/2004 renewal was
based. The actual annual expense charge will be accounted in October 2005. Should
average enrollment be less than that shown above, The City will reimburse Board the
amount of pooling expense charge overpaid. Should the enrollment be less than that
shown above, then Board will pay The City the additional pooling charge incurred.
(actual annual emollment times the above pooling expense charge rates will equal the
actual annual pooling expense charge for the 10/1/2004 - 9/30/2005 policy year.)
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