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2017-171-3276 - Optum Fitness Advantage Healthy Contributions ProgramRESOLUTION NO. 2017-171-3276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH OPTUM FITNESS ADVANTAGE HEALTHY CONTRIBUTIONS PROGRAM, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, since 2010, the City has offered a Dual Enrollment Incentive program that provides residents who participate in the Silver Sneakers program with access to the City's Golden Gardens Seniors Program, and WHEREAS, beginning January 1, 2018, the Optum Fitness Advantage Healthy Contributions program ("Optum") will be offered to certain policy holders of specified Medicare Advantage Plans in Florida, and WHEREAS, if the City enrolls as a provider, residents who are currently offered a fitness program benefit through another Medicare third party payer, such as Silver Sneakers, would continue receiving their benefit should they enroll as participants of Optum, and WHEREAS, City Staff recommends the City Council authorize the City Manager to execute the attached Agreement with Optum for enrollment into an additional program for seniors, who currently do not qualify for the Silver Sneakers program, as part of the Golden Gardens Seniors program, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS; Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager and the City Clerk to execute and attest, respectively, that certain Agreement with Optum Fitness Advantage Healthy Contributions program for enrollment into an additional program for seniors, who currently do not qualify for the Silver Sneakers program, as part of the Golden Gardens Seniors program, attached hereto as Exhibit "A". Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON NOVEMER 8, 2017. ERHABOR IGHODARONyiCE MAYOR ATTEST: cRONETTA TAYLOR,^MC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER MOVED BY: COUNCILWOMAN DAVIS SECONDED BY: COUNCILWOMAN ROBINSON RESOLUTION NO. 2017-171-3276 VOTE: 6-0 Mayor Oliver Gilbert, III Vice Mayor Erhabor Ighodaro, Ph.D. Councilwoman Lisa C. Davis Councilman Rodney Harris Councilwoman Lillie Q. Odom Councilwoman Felicia Robinson Councilman David Williams Jr _ (Yes)(No) Not Present X (Yes)(No) X (Yes)(No) X (Yes)(No) X (Yes)(No) X (Yes)(No) X (Yes)(No) RESOLUTION NO. 2017-171-3276 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: November 8, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: General Fund Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational ☐ Bus. & Economic Dev ☐ Public Safety ☐ Quality of Education ☐ Qual. of Life & City Image ☒ Communication ☐ Strategic Plan Obj./Strategy: X Sponsor Name: Cameron Benson Department: City Manager’s Office Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH OPTUM FITNESS ADVANTAGE HEALTHY CONTRIBUTIONS PROGRAM, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Current Situation Since 2010, the City has provided a Dual Enrollment Incentive program that provides residents who participate in the Silver Sneakers program with access to the City’s Golden Gardens Seniors Program. Beginning January 1, 2018, the Optum Fitness Advantage Healthy Contributions program will be offered to certain individual policy plan holders of specified Medicare Advantage Plans in Florida. AGENDA ITEM K-9 AGREEMENT WITH OPTUM FITNESS ADVANTAGE 18605 NW 27th Avenue Miami Gardens, Florida 33056 By enrolling as a provider, residents who are currently offered a fitness program benefit through another Medicare third party payer; such as Silver Sneakers, would continue receiving their benefit should they enroll as a participant of Optum Fitness Advantage Healthy Contributions program as well as other residents who currently are not served by the current service provider. The Optum Fitness Advantage Healthy Contributions program does not require an exclusive agreement with participating fitness facilities so the City will be able to take advantage of hosting two individual fitness benefit programs that provide direct compensation for participants that engage in fitness activities on a monthly basis. Seniors who do not have access to one of the programs through their insurance will still be eligible to participate in the Golden Gardens Senior Program by purchasing a monthly membership at either the Gold, Silver or Bronze level. Proposed Action: That the City Council approves the attached resolution providing for enrollment into an additional program for seniors who currently do not qualify for the Silver Sneakers program to be provided access to opportunities for physical fitness and social activities as part of the Golden Gardens Seniors program. Attachment: Optum Fitness Advantage Healthy Contributions program Enrollment Packet ADDENDUM TO THE PROGRAM AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND HEALTHY CONTRIBUTIONS, LLC THIS ADDENDUM (“Addendum”) is hereby incorporated into that certain Service Agreement between the City of Miami Gardens (“City”), and Healthy Contributions, LLC, for the Optum Fitness Passport Program (“HC”), entered into on the _________ day of _____________________, 2017 (“Agreement”). 1. Paragraph 12 shall be amended to include the following, immediately after the last sentence of said paragraph: This agreement is subject to the provisions of Section 768.28 Florida Statutes, such that the City shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgments or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $300,000 from any and all personal injury or property damage claims, liabilities losses and causes of action which may arise solely as a result of the performance of this Agreement. However, nothing herein shall be deemed to indemnify HC from any liability or claim arising out of the negligent performance or failure of performance of HC or any unrelated third party. 2. The remaining parts of Paragraph 12 shall remain in full force and effect. 3. COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAWS. To the extent required by law, SERVICE PROVIDER shall comply with the public records laws in accordance with Chapter 119, Florida Statutes. Specifically, SERVICE PROVIDER agrees to comply with Section 119.0701, Florida Statutes. Public records shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency, as defined in Section 119.011, Florida Statutes, as amended. The City shall make the sole determination of which records, if any, are exempt from inspection. This clause shall serve the duration of the Agreement. 4. INCONSISTENCY. In the event of an inconsistency or contradiction between the terms hereof and the terms of the Agreement, to which this Addendum is attached, the terms hereof shall control. 5. EFFECT OF ORIGINAL AGREEMENT. All terms of the Agreement not affected by this Addendum shall remain in full force and effect. Page 2 of 2 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year set forth below their respective signatures. CITY OF MIAMI GARDENS Date:__________________________ By:______________________________ Cameron Benson, City Manager ATTEST: ___________________________ Ronetta Taylor, MMC, City Clerk Approved as to form and legal Sufficiency: ______________________________ Sonja K. Dickens, City Attorney HEALTHY CONTRIBUTIONS, LLC By: ______________________________ Witnesses: _______________________________ Print Name: _____________________ _______________________________ Print Name: _____________________