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Memo of Understanding too 3-lr 13g MEMORANDUM OF UNDERSTANDING (MOU) AND AGREEMENT BETWEEN COMPBENEFITS CORPORATION AND CITY OF MIAMI BEACH, FLORIDA FOR GROUP EMPLOYEE DENTAL PLANS It is hereby understood and agreed by the undersigned parties this 2t>'Tr't day of AVl.l1f:>1 ' 2003 that CompBenefits Corporation, a Georgia Corporation having its principal offices at 100 Mansell Ct. E Ste. 400, Roswell, Georgia (CompBenefits), and the City of Miami Beach, Florida (City), shall enter into a mutual agreement to provide dental plans to eligible employees of the City of Miami Beach. It is agreed that CompBenefits, as the successful proposer pursuant to the City of Miami Beach Request for Proposals No. 23-02/03 for Group Employee Benefits - Dental Plans (the RFP), which is incorporated by reference hereto, will provide the City with the following: 1. A Triple Choice Dental Benefits Program, which consists of a Network Based (DHMO) Dental Care Plan through CompBenefits (CS150), a PPO Dental Plan underwritten by Security Life Insurance Company of America and CompBenefits Insurance Company (SLV-PPO), and an Indemnity Dental Plan underwritten by CompBenefits Insurance Company (EC400). The following are the monthly rates guaranteed for one (1) year from the effective date of this MOD, which shall be October 1 S\ 2003: Managed Care Dental Plan: CS150 Employee Only Employee + One Employee + Family $10.16 $18.96 $24.66 PPO Dental Plan: SL V -PPO Employee Only Employee + One Employee + Family $22.70 $43.78 $67.10 1 .- Indemnity Dental Plan: EC400 Employee Only Employee + One Employee + Family $29.58 $57.04 $87.42 2. Brochures and all marketing materials necessary for enrollment. 3. A current list ofCompBenefits Preferred Providers for all work locations 4. A Preferred Provider Network reasonably suitable for handling the employee/patient flow. 5. Employee Identification Cards to be mailed to the employee's residence. 6. Employee Certificate of Benefits to be mailed to the employee's residence. 7. Ample supplies of applications and marketing materials for all new full-time City employees. 8. Coordination with management during on-site enrollment when possible by CompBenefits personnel where permitted. 9. Verification of all enrolled employees to be supplied to the group as requested (by CompBenefits) upon fifteen (15) days written notification. 10. Terminated employees will have the right to convert to an individual network based dental care plan. 11. Expeditious handling and judicious settlement of all claims for indemnity benefits from the CompBenefits Office. 12. Managed Care (DHMO) Dental Plan Rates and benefits are for the Plan Year, October 1 st, 2003 through September 30th, 2004. PPO (SL V -80) Dental Plan Rates and benefits are for the Plan Year, October 1St, 2003 through September 30th, 2004. The Indemnity (EC400) Dental Plan Rates and benefits are for the Plan Year, October 1St, 2003 through September 30th, 2004. 13. The Indemnity (EC400) Dental Plan will be offered to the unclassified employees, the group listed as "Others", and other groups as determined by the City Administration. Unions must collectively bargain for the benefit. 14. Domestic partners are eligible for coverage. 2 " Termination of Al!reement bv the City: The City has the right to terminate this Agreement without cause amI/for its convenience by providing thirty (30) days prior written notice to CompBenefits. Said termination will be effective as ofthe date specified by the City in such written termination notice. Termination bv CompBenefits: DHMO - CompBenefits has the right to terminate this Agreement by providing one hundred and twenty (120) days prior written notice to the City. However, for non- payment of premium, CompBenefits has the right of thirty-one (31) days prior written notice. PPO/Indemnitv - CompBenefits has the right to terminate this Agreement by providing one hundred and twenty (120) days prior written notice. However, for non-payment of premium, CompBenefits has the right of thirty-one (31) days prior written notice. Notices All communications relating to the day-to-day activities shall be exchanged between the Project Manager/Account Representative appointed by the Consultant and the Project Manager designated by the City. The Consultant's Project Manager and the City's Project Manager shall be designated promptly upon commencement of Services. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives fo the Consultant and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follow: TO Consultant: CompBenefits Corporation Ken MacDougall, Vice President of Sales and Marketing 100 Mansell Ct. E Ste. 400 Roswell, Georgia, 30076 1-800-295-6279 305-269-2132 Fax E-mail: kmacdoua@compbenefits.com 3 .. TO CITY: City of Miami Beach, Fl. T. C. Adderly, Human Resources Director 1700 Convention Center Drive, 3rd Floor Miami Beach, Fl. 33139 305-673-7000 ext 6469 305-673-7529 E-mail: tcadderly@miamibeachfl.gov WITH COPIES TO: Office ofthe City Attorney Attn: Murray H. Dubbin City of Miami Beach, Fl. 1700 Convention Center Drive Miami Beach, Fl. 33139 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. LITIGATION JURlSDICTIONNENUE This Agreement shall be governed by and construed according to the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. BY ENTEREING INTO THE AGREEMENT, CITY AND CONSULTANT EXPRESSLY WANE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR RISING OUT OF, THlS AGREEMENT. Signed and agreed this ?S~ay of -A-~\ ,2003. City of Miami Beach, Florida ~db-/ ~k#~ VIU- a r es and Marketing Attest: ~ Ity Clerk ffAA~ ~ASTO FORM&LANGUAOE . FOR EXEcunON ~~/~~ - 4 Pn~* !lIl-IW car m Date F:\HlJMA\Sall\BCDdits\CompBmcfits--DentaNd1crofilnderstaoding 2003 to 2004.doe