R09-108
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2 RESOLUTION NO. R09- tOe
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5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, AWARDING A
7 CONTRACT FOR RFP #056-1610-09/CJD "GROUP
8 BENEFITS: DENTAL CLAIMS ADMINISTRA TOR
9 (TP A) SERVICES AND/OR FULLY INSURED PLANS,
10 FULLY INSURED DENTAL AND VISION" WITH
II HUMANA COMPBENEFITS, FOR DENTAL
12 COVERAGE; AND PROVIDING AN EFFECTIVE DATE.
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IS WHEREAS, on June 29, 2009, Procurement Services received and opened nine (9)
16 proposals which were reviewed by the review committee and sent to the City's Consultant.
] 7 Willis of Florida for technical expertise: and
18 WHEREAS, the Cit" Commission of the City of Boynton Beach. upon
19 recommendation of stafL deems it to be in the best interests of the residents and citizens of the
20 City of Boynton Beach to award a Provider Agreement with Humana CompBenefits dental
21 plan tt)r a one year term commencing October 1. 2009. with three additional one (1) year
T") : renewal options for all city employees.
," NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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24 ! THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereo f.
28 Section 2. The City Commission of the City of Boynton Beach, Florida does
29 hereby award a Provider Agreement with Humana CompBenefits dental plan for a one year
S:\C A \RESO\Agreements\Dental Health Benefits 2009-1 a.doc
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I term commencing October 1, 2009, with three additional one (I) year renewal options for all
2 city employees. a copy of which is attached hereto as Exhibit '"A".
3 Section 3. The City Manager and City Clerk are authorized to execute the
4 Provider Agreement with Humana CompBenefits.
5 Section 4. That this Resolution shall become effective immediately upon passage.
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6 PASSED AND ADOPTED this _1_ day of August, 2009.
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8 CITY OF BOYNTON BEACH, FLORIDA
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]4 ~e Mayor - Woodrow L~ Hay-~:::-/ -
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17 Commissipner - Ronald Weiland
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20 Qotri~~sioner - Jose Rod~~ -- -
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" Commissioner
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25 ArrEST:
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78 ',. ",'. . / , I ;
;9 llka~et M. Praini~o\ 'eMe
30 .' City Clerk
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33 (Corporate Seal)
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PROVIDER AGREEMENT FOR Rog- l08
"GROUP BENEFITS: MEDICAL CLAIMS ADMINISTRATOR (TPA) SERVICES
AND/OR FULLY INSURED PLAN, FULLY INSURED DENTAL AND VISION"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the eity", and Humana "CompBenefits", hereinafter referred to as "the Provider", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNA nON. The Provider is retained by the City to perform PROVIDER
services in connection with the project designated.
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. 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 contract 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.
4. TERM: October 1,2009 through September 30, 2010 with three (3) additional one (1) year
renewals.
5. PAYMENT. The Provider shall be paid by the City for completed work and for services
rendered under this agreement as follows:
Monthly basis per eligible employee and dependent for dental coverage invoiced by provider.
6. OWNERSHIP AND USE OF DOeUMENTS. 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.
8. INDEMNIFIeA TION. 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.
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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 eity 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 bonafide 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 bonafide 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 eity.
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 ten
(10) days written notice to the Provider.
b. In the event of the death of a member, partner or officer of the Provider, or any of its
supervisory personnel assigned to the project, the surviving members of the Provider hereby
agree to complete the work under the terms of this Agreement, if requested to do so by the
City. This section shall not be a bar to renegotiations of this Agreement between surviving
members of the Provider and the City, if the City so chooses.
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
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Provider shall be sent to the following address:
HumanaDental Insurance Company
c/cHumana Health Insurance Company ofF10rida, Inc.
Attn: Raul Marcano
3401 S.W. 160lh Avenue 2nd Floor
Miramar, FI 33027
18. 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.
DATED this __ day of ,20__
CITY OF BOYNTON BEACH HUMANADENTAL INSURANCE COMPANY
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City Manager
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A !test! Au thentj cated: Vtc.f., f IL f..f lD &,>> r
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Title
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Attest! Authenticated:
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See tary
ReI 12201
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EXHIBIT "A"
Scope of Services
See Attachment:
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EXHIBIT A SCOPE OF SERVICES DENTAL PLAN
HumanaDental PPO HUMANA
, Spcciali)' BC/ll:fits
) City of Boynton Beach
Option 1: Custom PPO 100-90-60/90-70-50 See a participating See a nonparticipating
dentist dentist
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Calendar year . Applied to out of network preventive, basic $25 individual $25 individual
deductible and major services $100 family $100 family
Annual . Applied to preventive, $2,000 $1,250
maximum basic, and major services
Preventive . Oral examinations 100 percent 90 percent
services . Full mouth X-rays (once every 5 years) no deductible after deductible
. Bitewing X-rays (1 set per calendar year)
. Periapicals and other X-rays
. Cleanings
. Topical fluoride treatments (through age 14)
. Sealants (through age 14)
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Basic services . Space maintainers (through age 14) 90 percent 70 percent
. Emergency care for pain relief after deductible after deductible
. Non-surgical extractions
. Fillings (amalgams, composite
for anterior teeth)
. Appliances for children (through age 14)
. Prefabricated stainless steel crowns
. Endodontics (root canal)
. Periodontics (gum therapy)
Major services . Crowns 60 percent 50 percent
. Inlays or on lays after deductible after deductible
. Bridgework
. Dentures (complete and partial)
. Denture repair and adjustments
. Denture relines and rebases
. Oral surgery
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Orthodontia . Covers adult I child orthodontia 50 percent up to $1,500 50 percent up to $1,500
lifetime maximum lifetime maximum
no deductible no deductible
(MAF): If a member visits a participating network dentist, the member will not receive a bill for charges more than the negotiated fee schedule, If a
member sees an out-of-network dentist, the coinsurance level will apply to the maximum allowable fee, To ensure you do not receive additional charges,
visit a participating PPO network dentist.
Waiting periods and frequency/age limits may apply,
Dental products insured by HumanaDentallnsurance Company, or The Dental Concern, Inc.
DENTAL
2009/2010 Monthly
Premium Rates
Humana CompBenefits Dental EE Onlv 29.71
Family 83.11
share/HR/Benefits/RFP Medical Dental Vision/Rate Renewal Exhibit A Dental,xls
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-ma i1: pra in itoj@ci.boynton-beach.fl. us
www.boynton-beach.org
MEMORANDUM
TO: Carol Doppler
Purchasing Agent
FROM: Judith A. Pyle, CMC
Deputy City Clerk
DATE: August 5, 2009
SUBJECT: R09-lOS Group Benefits: Medical Claims Administrator (TPA)
Services anI or Fully Insured Plan, Fully Insured Dental and
Vision
Attached for your handling is the original agreement mentioned above and a copy of
the Resolution. Once the document has been executed, please return the original
document to the City Clerk's Office for further processing.
Thank you.
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Attachments (2)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmenlal Transmillals\2009\Carol Doppler R09-094.doc
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