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R14-072 1 RESOLUTION NO. R14 -072 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 BOYNTON BEACH, FLORIDA, APPROVING AN 6 AGREEMENT WITH CIGNA HEALTHCARE 7 CORPORATION FOR GROUP HEALTH INSURANCE 8 FROM OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 9 2015; AUTHORIZING THE CITY MANAGER AND CITY 10 CLERK TO EXECUTE THE PROVIDER AGREEMENT 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City Commission of the City of Boynton Beach, upon 15 recommendation of staff, deems it to be in the best interests of City employees to approve a 16 one (1) year Provider Agreement with CIGNA HealthCare for the medical insurance plan for a 17 term commencing October 1, 2014 to September 30, 2015, for city employees. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 21 as being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. The City Commission of the City of Boynton Beach, Florida approves 24 ! an Agreement with CIGNA HealthCare for the medical insurance plan for City employees for 25 a one year term commencing October 1, 2014 to September 30, 2015, a copy of which is 26 attached hereto as Exhibit "A ". 27 Section 3. The City Manager and City Clerk are authorized to execute the 281 Provider Agreement with CIGNA HealthCare. 29 1 ; Section 4. That this Resolution shall become effective immediately upon passage. 30 31 32 33 34 -1- I II R 1 PASSED AND ADOPTED this 19 day of August, 2014. 2 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 A'7 / 8 ► yor — J Taylor 10 11 ∎I 12 Vi . •e asello 13 14 \\ \ 15 i �__ 16 Commissione — David . Merker 17 18 19 20 - ommissioner — I cCray 21 j At 23 24 ' Commissioner — Michael M. 'Ptzpatrick 25 ATTEST: 26 27 low' / I 1 • 28 J. et M. Prainito, MMC 29 ity Clerk 30 31 G tr Y "0 ∎t• 32 (0' .. r 33 \ C -2- PROVIDER AGREEMENT FOR "GROUP BENEFITS: MEDICAL COVERAGE FULLY INSURED PLAN" THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and CIGNA HealthCare , 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 perform PROVIDER SERVICES FOR CITY'S MEDICAL INSURANCE PLAN 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. Also to incorporate information outlined in Letter of Intent dated August 12, 2014 included in Exhibit "A ". No additional modifications other than those described in the attachment 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. 4. TERM: October 1, 2014 through September 30, 2015. 5. PAYMENT. The Consultant shall be paid by the Provider /City for completed work and for services rendered under this agreement as follows: Monthly basis per eligible employee and dependent for medical coverage invoiced by Provider 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 per PA -1 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 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. 11. 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. 12 ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the express consent of the City. 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. 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 PA -2 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. 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. 16. 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 ATTN: Patricia Sholos Notices to Provider shall be sent to the following address: CIGNA HealthCare 1571 Sawgrass Corporate Parkway Suite 140 Sunrise, FL 33323 ATTN: Dina D'Angelo 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: 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 14. PA -3 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 Interim City Manager Provider Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev 1/22/91 PA -4 "EXHIBIT A" SCOPE OF SERVICES PA -5 PROVIDER AGREEMENT FOR "GROUP BENEFITS: MEDICAL COVERAGE FULLY INSURED PLAN" THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and CIGNA HealthCare , 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 perform PROVIDER SERVICES FOR CITY'S MEDICAL INSURANCE PLAN 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. Also to incorporate information outlined in Letter of Intent dated August 12, 2014 included in Exhibit "A ". No additional modifications other than those described in the attachment 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. 4. TERM: October 1, 2014 through September 30, 2015. 5. PAYMENT. The Consultant shall be paid by the Provider /City for completed work and for services rendered under this agreement as follows: Monthly basis per eligible employee and dependent for medical coverage invoiced by Provider. 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 per PA -1 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 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. 11. 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. 12 ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the express consent of the City. 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. 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 PA -2 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. 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. 16. 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 ATTN: Patricia Sholos Notices to Provider shall be sent to the following address: CIGNA HealthCare 1571 Sawgrass Corporate Parkway Suite 140 Sunrise, FL 33323 ATTN: Dina D'Angelo 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: 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 14. PA -3 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 Interim City Manager Provider Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev 1/22/91 PA -4 Dina D'Angelo EXHIBIT "A" Senior Client Manager Cigna 1571 Sawgrass Corporate Parkway Suite 300 Sunrise, FL 33323 August 12, 2014 Telephone 954 - 514 -6877 Dina.Dangeb ©Cigna.com Julie Oldbury, Director of Human Resources and Risk Management City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 Re: Letter of intent — Medical /Dental Coverage Dear Mr. Howard: Cigna is pleased to offer a Medical renewal package to the City of Boynton Beach for the contract period 10/1/2014 through 9/30/15. Cigna is offering the following terms for the medical plans chosen: OAP Plan (current plan with benefit changes): Employee $ 732.62 Employee + Spouse $1,421.28 Employee + Child(ren) $1,318.72 Employee + Family. $1,633.74 OAP HDHP (new plan) Employee $ 658.94 Employee + Spouse $1,278.35 Employee + Child(ren) $1,186.09 Employee + Family $1,469.44 Please note that this offer also includes a wellness fund at $35,000 per contract period and $30,000 for your chosen Enrollment System. We are also pleased to be selected as your dental carrier of choice for 10/1/2014. The following terms are provided for the dental plan: DPPO Employee $28.86 Employee +Family $80.72 "Cigna" is a registered service mark, and , the 'Tree of Lie logo is a service mark, of Cigna Intellectual Property, Inc., licensed for use by Cigna Corporation and its operating shades. All products and services are provided exclusively by such operating subsidiaries and not by Cigna Corporation. Such operating subsidiaries include Connecticut General Life Insurance Company (CGL(C), Cigna Health and Lite Insurance Company (CHUG), and HMO or service company subsidiaries of Cigna Health Corporation and Cigna Dental Health, Inc We look forward to continuing our relationship with the City of Boynton Beach and appreciate the opportunity to continue to serve your population. Please acknowledge your acceptance of these rates, by signing below and returning to our office. Respectfully, Dina D Jtngelo Dina D'Angelo Senior Client Manager City of Boynton Beach Signature Print Name Date