R06-059
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RESOLUTION NO. R06- 05Gf
A RESOLUTION OF THE CITY CO~ISSION OF
BOYNTON BEACH, FLORIDA, APP OVING THE
INTERLOCAL AGREEMENT BETWEEN HE CITY OF
BOYNTON BEACH AND THE BOY~ON BEACH
COMMUNITY REDEVELOPMENT AGErCY FOR TO
PERMIT THE BOYNTON BEACH CRN TO UTILIZE
THE CITY'S BENEFIT PLANS; AND paOVIDING AN
EFFECTIVE DATE.
WHEREAS, the Interlocal Agreement permits th~ Boynton Beach Community
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Redevelopment Agency (CRA) to utilize the Benefit Plans folr coverages that are afforded to
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employees of the City through negotiated agreements with Plan Providers for the benefit of
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CRA employees; and
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WHEREAS, the City Commission of the City of Boynton Beach, upon
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recommendation of staff, deems it to be in the best interests o~ the residents and citizens of the
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City of Boynton Beach to approve the Agreement between the City of Boynton Beach and
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Boynton Beach Community Redevelopment Agency permitti~g the CRA to utilize the City's
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benefit plans.
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NOW, THEREFORE, BE IT RESOLVED BY TnE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
Each Whereas clause set forth abbve IS true and correct and
27 incorporated herein by this reference.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
29 hereby approve the Agreement between the City of BOyntot Beach and the Boynton Beach
30 Community Redevelopment Agency permitting the I Boynton Beach Community
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S:\CA\RESO\Agreements\Interlocals\ILA with CRA (Benefit Plans).doc
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Redevelopment Agency to utilize the City's benefit plans for employees, a copy of said
2 Agreement is attached hereto as Exhibit "A".
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Section 3.
That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~B day of Februarjy, 2006.
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CITY OF BOYN!ION BEACH, FLORIDA
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Commis~ioner
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S:\CA\RESO\Agreements\Interlocals\ILA with CRA (Benefit Plans).doc
INTERLOCAL AGREEMENT
This is an Interlocal Agreement, made and entered into this 1 th da
by and between:
ROb-05GJ
2006
CITY OF BOYNTON BEACH, a municipal corpora ion of the
State of Florida, hereinafter referred to as "City,"
AND
BOYNTON BEACH COMMUNITY REDEVE OPMENT
AGENCY, a public agency created pursuant to Chapt r 163, Part
III, Florida Statutes, hereinafter referred to as "th CRA" or
"CRA."
WITNESSETH:
WHEREAS, this Agreement is entered into pursuant to 916 .01, Florida Statutes, also
known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, the CRA is a public agency created pursuant to rdinance No. 90-21 dated
August 7, 1990, as subsequently amended; and
WHEREAS, City is providing the CRA with the abilit to utilize eXlstmg City
agreements with providers of health and other insurance, thereby al wing CRA employees to
participate in health and other insurance plans under the same cover ge's and programs offered
to City employees; and
WHEREAS, City has entered into a health insurance plan wit Blue Cross/Blue Shield of
Florida, MetLife dental, vision care, and life plans for the 2005/ 6 fiscal year (the "Plan"
individually or the "Plans" collectively); and
WHEREAS, CRA is desirous of participating in the City's PIa s for the benefit of CRA's
employees; and
WHEREAS, City has no objection to CRA or its employees benefiting from the Plans
negotiated by City with private providers ("Plan Providers"); and
WHEREAS, the Plan Providers of coverage's under the PI have agreed to furnish
services to the CRA for the benefit of CRA employees at the same ates, benefits, incremental
costs, and terms and conditions contracted for with City;
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NOW, THEREFORE, IN CONSIDERATION of the mutual trrms, conditions, promises,
covenants and payments hereinafter set forth, City and CRA agree as llows:
ARTICLE 1 - PURPOSE
1.1 The Purpose of this Interlocal Agreement is to permit t e CRA to utilize the Plans
for coverage's that are afforded to employees of the City through n gotiated agreements with
Plan Providers, for the benefit of CRA employees. The parties mutua y desire to formulate such
relationship in this Interlocal Agreement. The intent of the parties is hat all plan administration
responsibilities, premiums, and any other costs and expenses associ ted with the providing of
coverage under the Plans to CRA employees shall be the responsibilit of the CRA. It is also the
intent of this Agreement that any apportioned costs for stop-loss c verage and for the City's
assistance be incurred by and be the responsibility of the CRA.
ARTICLE 2 - SCOPE OF SERVICES
2.1. Subject to any separate agreement(s) being required by the Plan Provider(s) of the
City, CRA may offer enrollment to CRA employees in the Plans r the 2005/06 fiscal year
under the terms and conditions of this Agreement, and subject to rene al as provided in Article 3
below. Subject to any objection from a Plan Provider, it is the intent fthe parties that the CRA
shall be subject to the Plans, coverage's, negotiations, and agreement between the City and the
respective Plan Providers. CRA understands that the individual Plan roviders may require CRA
to enter into a written agreement with the Plan Provider to, in ess nce, piggyback the City's
agreement with the Plan Provider. However, it is further recognize that, except as negotiated
between the CRA and any Plan Provider, any such agreement betw en the CRA and the Plan
Provider shall be under the same terms and conditions as the C ty'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 CRA or City Commission
approval.
2.2. CRA shall administer the enrollment and cancellation of CRA employees in such
Plans, and shall remit to the Plan providers on a monthly basis in ccordance with the City's
agreements with any Plan Provider, the CRA'S share of contribution equired for such premiums
and coverage's resulting from CRA employees' enrollment in the PI n. The CRA shall be fully
responsible for collecting and remitting all required sums from its mployees. CRA'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 r sponsible for any costs or
expenses, premiums, or contract requirements of CRA in connecti n with the CRA'S use of
City's Plan Providers, and that CRA shall hold harmless and ind mnify City, to the extent
permitted by law, for any costs or expenses whatsoever attributable to the eRA'S providing of
and making available such insurance coverage to and for CRA empl yees. CRA shall reimburse
City for any additional costs, if any and in addition to those speci lcally provided for in this
Agreement, incurred and documented by City in performing this Agr ment.
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2.4 Should CRA desire to have City provide any servic s in connection with the
provision of insurance benefits to CRA employees, a separate agree ent or amendment to this
Agreement shall be required and mutually agreed upon by the parties.
2.5 City will provide reasonable assistance throu
departmental staff to CRA to answer questions regarding Plans and
contacting Plan Providers with CRA matters concerning the Plan(s).
its Human Resources
Ian administration and in
2.6 CRA expressly understands and agrees that, subject t any separately negotiated
provisions between the CRA and any Plan Provider as provided for n Section 2.1 above, Plan
premiums, costs, benefits, and coverage's may be changed by the C ty or City's Plan Provider
throughout the term of this Agreement.
2.7 Except as specifically provided in sections 2.8 and 2. of this Agreement, CRA
shall make all required payments directly to Plan Providers, which ill bill and invoice CRA
separately from City, in accordance with the agreement between the RA and the Plan Provider.
CRA shall have separate account numbers, separate accounts, and s parate invoices with Plan
Providers.
2.8 CRA shall have no right to select any of the present
the City; nor shall CRA have any right under this Agreement to dete
or terms and conditions of agreements between the City and any Plan
r future Plan Providers of
ine coverage's, premiums,
rovider.
2.9 Should City purchase stop-loss coverage from any PI Provider, CRA agrees to
pay its share of the premium for such stop-loss coverage, apportion d based on the number of
CRA employees and the additional pooling charges assessed by Plan Provider(s). Unless
otherwise directed in writing by City, CRA shall pay City directly or this incremental cost in
advance on an annual basis. CRA shall pay City pooling charges. accordance with Exhibit
"B", a copy of which is attached hereto and made a part ofthis Agree ent.
2.10 On a monthly basis, in advance, CRA shall pay the Ci y an administrative charge
equal to Ten ($10.00) for each CRA employee enrolled in an Plan of the City. This
administrative charge shall cover a portion of the costs incurred t the City in assisting the
District and their employees with issues related to insurance and Plan overage's.
ARTICLE 3 - TERM OF AGREEMEN
3.1 This Agreement shall be deemed to have commenced n March 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 IMMUN TY
4.1 City is a state agency as defined in Chapter 768.28, Flo .da Statutes, and CRA is a
public agency created pursuant to Chapter 163, Florida Statutes. To t e extent permitted by law,
each party agrees to be fully responsible for acts, omissions, and egligence of their agents,
officers, or employees. Nothing herein is intended to serve as a wai er of sovereign immunity
by any party to which sovereign immunity may be applicable. Nothi g herein shall be construed
as consent by a state agency or political subdivision of the State of lorida to be sued by third
parties in any matter arising out of this Agreement or any other contra t.
4.2 Both parties acknowledge that this an Interlocal Agr ement created pursuant to
Section 163.01, Florida Statutes, and that each party shall retain al 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 lief, disability, workers'
compensation, and other benefits which apply to the activity of offic rs, agents or employees of
any public agency when performing their respective functions wit On the territorial limits for
their respective agency shall apply to the same degree and extent t the performance of such
functions and duties of those officers, agents, or employees e tra-territorially under the
provisions of any Interlocal Agreement.
ARTICLE 5 - TERMINATION
5.1 This Agreement may be terminated by either party by iving notice of termination
in accordance with Article 6 herein at least sixty (60) days prior to th expiration of any renewal
of a Plan or any new Plan, provided that such termination does not a versely impact the City in
its contractual relationships with Plan Providers. City may erminate the Agreement
immediately upon notice from any Plan Provider that CRA is not complying with plan
administration procedures or is not paying premiums to a Plan Provi er in a timely manner, and
such default or breach by the CRA may adversely impact City's agreement with that Plan
Provider.
ARTICLE 6 - NOTICES
6.1 Any and all notices given or required under this Agree ent shall be in writing and
may be delivered in person or by United States mail, postage prep a d, 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 CRA:
Lisa Bright
Executive Director
CRA
639 E. Ocean Avenue, Ste. 107
Boynton Beach, FL 33425
With copy to:
CRA Attorney
c/o Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Blvd., Suite 1000
West Palm Beach, FL 33401
ARTICLE 7 - MISCELLANEOUS PROVIS ONS
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 disput with respect to the other
party's performance hereunder, the party shall notify the other part in writing in accordance
with Article 6, advising of the disputed matter. In the event that he disputed matter is not
resolved to the satisfaction of the CRA 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 0 the part of the other party
to perform in accordance with any of the terms or conditions of t is 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 A eement, or the application
thereof to any person or circumstance, shall to any extent be held in alid or unenforceable, the
remainder of this Agreement, or the application of such term or p ovision, to any person or
circumstance other than those as to which it is held invalid or unen orceable, shall be deemed
valid and enforceable to the extent permitted by law.
7.5 ENTIRE AGREEMENT: It is understood and a eed that this Agreement
incorporates and includes all prior negotiations, agreements or unde standings applicable to the
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matters contained herein and the parties agree that there are no co~. itments, agreements or
understandings concerning the subject matter of this Agreement tha are not contained in this
document. Accordingly, it is agreed that no deviation from the term hereof shall be predicated
upon any prior representations or agreements, whether oral or written.
7.6 INDEPENDENT CONTRACTOR: City is an indepe dent contractor under this
Agreement. Any services provided by City pursuant to this Agreeent shall be subject to the
supervision of City. In providing such services, neither City nor its gents shall act as officers,
employees, or agents of the CRA. This Agreement shall not const tute or make the parties a
partnership or joint venture. It is understood and agreed that emp oyees of the CRA are not
entitled to any benefits offered by the City to City employees, includi g those benefits offered by
Plan Providers pursuant to this Agreement. Any benefits to CRA em loyees are conveyed by the
CRA and at the cost, expense, and liability of CRA.
7.7 MODIFICATION: It is further agreed that no mo ifications, amendments or
alterations in the terms or conditions contained herein shall be effe tive unless contained in a
written document executed with the same formality and of equal digni y herewith..
7.8 CHOICE OF LAW; WAIVER OF JURY TRIAL: y controversies or legal
problems arising out of this transaction and any action invol ing the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisd ction 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 f 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 Distri t of Florida. To encourage
prompt and equitable resolution of any litigation that may arise he eunder, 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 part because of such party's
preparation of this Agreement.
7.10 RECORDING: This Agreement shall be recorded in he public records of Palm
Beach County, in accordance with the Florida Interlocal Cooperation ct of 1969.
IN WITNESS WHEREOF, the parties have hereto set their ands and seals this ~
day of ~'O~ \.\~1 ' 2006.
BOYNTON EACH COMMUNITY
REDEVELOPM NT AGENCY
ATTEST:
By:
P .nt name: , Chairman
-S E:I>I.~~€ \-\e~\..)\ L.\N
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, Secretary
Print name:
Attest:
Yf),~
(CITY SEAL)
ce of the City Attorney
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EXHIBIT" A"
Plan Providers
Medical - BlueCross BlueShield of Florida
BlueCare@ for large employer groups is an HMO product offered by Haith Options, Inc. (HOI), a
subsidiary of Blue Cross and Blue Shield of Florida. The features of B ueCare@ are:
. A full range of benefits for hospital, physician and other medi I services
. Preventive care, such as routine physical exams, well-child ca e, immunizations and
health care screenings
. Predictable costs through pre-determined co-payments for he Ith benefits as long as
care and referrals are coordinated through a Primary Care Ph sician
Our BlueChoice@ PPO (Preferred Provider Organization) plan offers t e freedom to choose any
doctor and hospital for care. However, members receive maximum befits and are free from
claims filing and balance billing when they choose h sicians and ro iders who participate in
the PPO network.
Our BlueOptionsSM PPO health insurance policy offers members the f eedom to choose any
doctor and hospital for care. However, they can maximize their benefi s, and free themselves
from claims filing and balance billing, by choosing physicians and pro iders who participate in
our NetworkBluesM* provider network. Additionally, members are prot cted from balance billing
when they receive covered services from an Out-of-Network provider ho participates in our
Traditional Program Network.
Dental - MetLife Group Dental
Dental care is a part of healthy living, and for this reason a dental ben fit plan is a highly
appreciated employee benefit. Yet, many employers do not offer a de tal benefit plan as part of
their overall benefits programs. This can add a financial burden for e ployees. Fortunately,
MetLife has the knowledge and innovation to offer a range of afforda e dental benefit plans to
fit the needs of nearly all employers.
Vision - VisionCare Plan
VisionCare Plan offers employees and their dependents a benefit tha covers all routine eye
care, including eye exams and eyeglasses (lenses and frames) or co tacts. The plan features:
. In-Network and Out-of-Network benefits.
. Exam Plus, if you prefer contacts you get your exam plus an a lowance for contacts in
place of lenses and frames.
Life & L TD
Jefferson Pilot provides life insurance and accidental death coverage 0 all employees and their
dependents.
Program Terms
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The medical, dental and vision care programs are all annual progra s with a contract renewal
date of October 15t; however the programs are administered on a cal ndar year basis. The life
and AD&D are on a 3 year contract.
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EXHIBIT "B"
BOYNTON BEACH COMMUNITY REDEVELO MENT AGENCY
(CRA)
Special Annual Pooling Charge Statem nt
Pooling
Rate and Annual
Type Monthly Pooling
Coverage Enrollment 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 CRA is based on nrollment during the last
month of the 12 month experience period upon which The Cit 's 10/1/2005 renewal was
based. The actual annual expense charge will be prorated t the date of coverage and
accounted in October 2006. Should average enrollment be I ss than that shown above,
The City will reimburse CRA the amount of pooling expens charge overpaid. Should
the enrollment be less than that shown above, then CRA will ay The City the additional
pooling charge incurred. (actual annual enrollment times t e above pooling expense
charge rates will equal the actual annual pooling expense c arge for the 10/1/2005 -
9/30/2006 policy year.)
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