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R13-080 I 1 , 2 ' ' RESOLUTION NO. R13 -080 3 4 5 j A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING AND 7 AUTHORIZING A TWO YEAR AGREEMENT FOR 8 VISION INSURANCE FOR CITY EMPLOYEES IN 9 RESPONSE TO RFP #052- 1610- 13 /JMA WITH VISION 10 SERVICE PLAN INSURANCE COMPANY (VSP); AND it PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, on June 26, 2013, Procurement Services received and opened six (6) 15 1 proposals which were reviewed by the review committee and sent to the City's Consultant, 1 16 Gehring Group for technical expertise; and 17 WHEREAS, the City Commission of the City of Boynton Beach, upon 18 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 19 City of Boynton Beach to award a Provider Agreement with Vision Service Plan Insurance 20 Company (VSP) vision plan for a two (2) year term commencing October 1, 2013, with three 21 additional one (1) year renewal options for all city employees. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 I I THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 25 as being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby award a Provider Agreement to Vision Service Plan Insurance Company (VSP) for 29 Group Benefits: Fully Insured Vision Plan for a two (2) year term commencing October 1, \ \apps3.city.cbb \auto\Data \182\ Items \174\2522\ 3339\ Reso_- _Vision_Health_Benefits_2013 -15 doc - 1 - I 1 2013, with three additional one (1) year renewal options for all city employees. 2 Section 3. The City Manager and City Clerk are authorized to execute the 3 Provider Agreement with Vision Service Plan Insurance Company, a copy of which is 4 attached hereto as Exhibit "A ". 5 Section 4. That this Resolution shall become effective immediately upon passage. 6 PASSED AND ADOPTED this 6 day of August, 2013. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 " .1.A 1 11 I Ma *, — Je / Tayl 12 , ,1 13 14 'ce Ma or — Woodrow L. Hay 15 16 ■ 17 Commissioner — ) avid T. Merker , 18 L e •� 19 i � � 20 mmissio : — hael M. F' 1. i atric 21 .i 22 23 Co missioner — Joe Casello 24 25 ATTEST: 26 I 27 28 �ii.. ., V) • p r 29 1 Jan; M. Prainito, MMC 30 ity Clerk 31 .,, 33 (Corporate Seal) # , 1 34 ,,.4 \ : t . \ \apps3.city cbb \auto\Data \182\ Items \174\2522 \3339 \Reso_ -_ Vision _Health_Benefits_2013- 15.doc -2- R13 -080 PROVIDER AGREEMENT FOR GROUP BENEFITS: FULLY INSURED VISION PLAN THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and VISION SERVICE PLAN INS. 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 FULLY INSURED VISION PLAN for the City of Boynton Beach. 2. SCOPE OF SERVICES. Provider agrees to perform the services, identified in RFP No. 052 - 1610-13/JMA; and to provide benefits under their "Choice Plan" for the proposed rates of $3 50 /per employee per month, and $10 66 /per employee and family per month as outlined in Exhibit "A" attached hereto and incorporated herein by reference. No modifications will be made to the original scope of work without the written approval of the City Manager or her 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, 2013 thru September 30, 2015, unless an extension of such time is granted in writing by the City 4. TERM: This Agreement shall be for a period of two (2) years commencing on October 1, 2013 The City of Boynton Beach may renew the contract at the same terms and conditions, for three (3) additional one -year periods subject to vendor acceptance, satisfactory performance and determination that renewal and pricing will be in the best interest of the City 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 FULLY INSURED VISION PLAN , as referred to herein, for services provided under this agreement for the entire term of the Agreement b. The Consultant'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. 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 7. 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. 8. 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 R13 -080 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. 9. 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. 10. 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 11. DISCRIMINATION PROHIBITED The Provider, with regard to the work performed by it under this agreement, will not discnminate 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 matenals or supplies 12. ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the written consent of the City of Boynton Beach 13. 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 14. TERMINATION The City reserves the right to terminate this Agreement at any time by giving ten (30) days written notice to the Provider 15. 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. R13 -080 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address City of Boynton Beach 100 E. Boynton Beach Boulevard PO. Box 310 Boynton Beach, FL 33425 -0310 ATTN Julie Oldbury, Director of Human Resources /Risk 17. 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 • Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service, • 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; • 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 • 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 14. R13 -080 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 pnor 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 City Manager Provider Attest /Authenticated. Title (Corporate Seal) City Clerk Approved as to Form Attest/Authenticated: Office of the City Attorney Secretary R13 -080 EXHIBITA PROPOSED VISION INSURANCE PLAN DESIGN Proposed Choice Plan Scheciuii‘, a>f H21 01 1)H ; P .,, , . c ' ■ In Network Out of Network In Network I Out of Network Frequency 12/12/24 Months (Exam /Lenses/Frames) 12 / t 2 / 72 Months Copay Allowance Copay 1 Allowance 1 Eye Examinations Exam $10 $35 1 $10 $45 Lenses (per pair) Single $0 $25 $ o $ 3 o Bifocal $0 $40 $ 0 $ 5 0 Trifocal $0 $60 $ o $ 6 5 I Contact Lenses* $105 $120 Elective Allowance $105 Allowance $105 Medically Necessary Paid In Full $210 Paid in Full $210 $45 Wholesale $45 Retail $45 Wholesale/ Frames $115 Retail $ Allowance Allowance Allowance 48 month guarantee. Increase Rate Guarantee N/A capped at 10% for year 5. Required Participation N/A No participation requirements. 1 City of Boynton Beach 27 052 - 1610- 13/1MA THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE PROPOSED VISION INSURANCE RATES V °;l.)r P1t3a1 fP: .. Choice Plan Advantage Plan Employee Only $3 .50 $3.06 Employee + Family $10.66 $9. Rate Guarantee Period: 10/01/2013 through September 30, 2015. / Mark Tafuri AUTHORIZED SIGNATURE PRINT NAME TITLE: Senior Account Executive FIRM: Vision Service Plan Insurance Company 4521 PGA Blvd. #161 ADDRESS: Palm Beach Gardens, FL 33418 PHONE NO: 561.625 . 8125 City of Boynton Beach 28 052 - 1610- 13 /JMA THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE