HomeMy WebLinkAbout2012-05-15 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
7ayve e�l e Ward 1 Position 2—Brenda Boudreaux
City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
May 15, 2012
A meeting of the Fayetteville City Council will be held on May 15, 2012 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
1. Approval of the May 1, 2012 City Council meeting minutes. APPROVED
2. Bid #12-33 Center Point Contractors, Inc.: A resolution awarding Bid #12-33 and
authorizing a contract with Center Point Contractors, Inc. in the amount of$37,410.00 for
the construction of St. Joseph Park, approving a ten percent (10%) project contingency,
and approving a budget adjustment of$14,361.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 92-12
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Fayetteville Police Department Donation Revenue: A resolution approving a budget
adjustment in the amount of$2,900.00 representing donation revenue to the Fayetteville
Police Department in support of officer service awards.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 93-12
4. State and Federal Law Enforcement Forfeiture Revenue: A resolution approving a
budget adjustment in the amount of $43,366.00 representing state and federal law
enforcement forfeiture revenue received during the first quarter of 2012 and authorizing
expenditures therefrom.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 94-12
5. McClelland Consulting Engineers, Inc. Task Order No. 9: A resolution to approve
Task Order No. 9 with McClelland Consulting Engineers, Inc. in the amount of
$32,504.00 for plans and specifications, construction administration and record drawings
of the Executive Hangar Office Addition Project and to approve a budget adjustment of
$32,504.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 95-12
6. 2012 Community Development Block Grant Award: A resolution approving a budget
adjustment recognizing the actual amount of the 2012 Community Development Block
Grant award from the U.S. Department of Housing and Urban Development.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 96-12
7. The Spirits Shop, Inc.: A resolution approving a settlement agreement with The Spirits
Shop, Inc., concerning condemnation litigation filed as part of the N. Garland Avenue
Improvement Project, in the total amount of$16,900.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 97-12
8. Bid #12-34 David's Fire Equipment: A resolution to award Bid #12-34 to purchase
two thermal imagers from David's Fire Equipment in the amount of $20,400.00 plus
sales tax for the Fayetteville Fire Department.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 98-12
9. Bid #12-39 Benchmark Construction of NWA, Inc.: A resolution awarding Bid #12-
39 and authorizing a contract with Benchmark Construction of NWA, Inc. in the amount
of$407,560.07 for the construction and installation of a concrete pad at the solid waste
and recycling facility, approving a ten percent (10%) project contingency, and approving
a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 99-12
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
10. Water and Sewer Relocation AHTD Utility Agreement: A resolution approving a
cost-share agreement with the Arkansas State Highway and Transportation Commission
for the construction of water and sewer relocations related to the widening of Crossover
Road (Highway 265) from Joyce Boulevard to Albright Road.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 100-12
11. University of Arkansas (Razorback Transit) Contract: A resolution approving a
contract with the University of Arkansas (Razorback Transit) in an annual amount of
$50,000.00 regarding public transit services within the City of Fayetteville.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 101-12
12. Gallagher Benefits Services, Inc.: A resolution approving a contract with Gallagher
Benefits Services, Inc. in an amount not to exceed $79,100.00 for the provision of
employee benefits brokerage services, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 102-12
13. Windstream Communications, Inc.: A resolution to approve the Telecommunications
Franchise application of Windstream Communications, Inc. and to approve the Non-
Exclusive Telecommunications Franchise Agreement with Windstream Communications,
Inc.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 103-12
14. Fayetteville Municipal Property Owners' Improvement District No. 19 - Oakbrooke
Appointment: A resolution to appoint Jason Taylor and Alan Harrison as successor
commissioners for Fayetteville Municipal Property Owners' Improvement District No. 19
- Oakbrooke, Phase 1 Subdivision Infrastructure Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 104-12
15. Donald and Brenda Johnston Settlement Agreement: A resolution approving a
settlement agreement with Donald and Brenda Johnston, trustees of the Don and Brenda
Johnston joint revocable trust U/D/T August 12, 2000, concerning condemnation
litigation filed as part of the N. Garland Avenue Improvement Project, in the total amount
of$13,250.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 105-12
B. Unfinished Business: None
C. Public Hearing:
1. A to Z Taxi: A resolution granting a Certificate of Public Convenience and Necessity to
A to Z Taxi for the operation of up to four(4) taxicabs in the City of Fayetteville.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 106-12
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
2. 1609 S. Duncan Avenue Raze and Removal: A resolution ordering the razing and
removal of a dilapidated and unsafe structure owned by Adam P. Dyess, Perry J. Dyess
and Carolyn A. Dyess located at 1609 S. Duncan Avenue in the City of Fayetteville,
Arkansas, and approving a budget adjustment in the amount of$3,495.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 107-12
D. New Business:
1. RJN Group: A resolution approving an engineering services agreement with RJN
Group in the amount of$499,595.00 to update the wastewater collection system model
and master plan.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 108-12
2. VAC 12-4064 Rochier St./Park Green: An ordinance approving VAC 12-4064
submitted by Crafton Tull and Associates, Inc. for property located at 1001 West Rochier
Street to vacate undeveloped streets and alley ways in the Rochier Heights Subdivision.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5499
3. Amend §33.250 Composition; Membership: An ordinance to amend §33.250
Composition; Membership of the Board of Adjustment to reduce the number of members
from seven to five and the term from five to three years.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5500
4. RZN 12-4077 Halsell Road/Pratt Place Inn Appeal: An ordinance rezoning that
property described in rezoning petition RZN 12-4077, for approximately 2.37 acres,
located on Halsell Road from C-PZD, Commercial Planned Zoning District, to RSF-4,
Residential Single-Family, 4 units per acre, subject to the offered Bill of Assurance.
THIS ITEM WAS LEFT ON THE SECOND READING.
City Council Tour:
Announcements:
Adjournment: 7:40 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may address the City Council on agenda items of New and Old Business. Please wait
for the Mayor to request public comment and then come to the podium, give your name, address, and
comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor,
Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each
person is only allowed one turn at the microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council
meetings:
Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting
should only be considered if it requires immediate City Council consideration and if the normal agenda
setting process is not practical. The City Council may only place such new item on the City Council
meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to
the Consent Agenda.
Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without
discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item,
that item shall be removed and considered immediately after the Consent Agenda has been voted upon.
Old business and new business.
Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an
ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city
contractor, rezoning or development applicant, etc.) may present its proposal only during this
presentation period, but may be recalled by an alderman later to answer questions. Staff and
applicants may use electronic visual aides in a City Council meeting as part of their presentation.
Public comments. Public comment shall be allowed for all members of the audience on all items of old
and new business and subjects of public hearings. No electronic visual aid presentations shall be
allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a
member of the public wishes for the City Clerk to distribute materials to the City Council before its
meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of
the City Council meeting. Any member of the public shall first state his or her name and address,
followed by a concise statement of the person's position on the question under discussion. Repetitive
comments should be avoided; this applies to comments made previously either to the City Council or to
the Planning Commission when those Planning Commission minutes have been provided to the
Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any
particular member of the City Council. No person other than the Aldermen and the person having the
floor shall be permitted to enter into any discussions without permission of the Mayor. No questions
shall be directed to an Alderman or city staff member except through the Mayor.
Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections
as to integrity, abusive comments and statements about motives or personalities. Any member of the public
who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking
and shall leave the podium.
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice
is required. For further information or to request an interpreter, please call 575-8330.
A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113
W. Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting: May 15,2012 Adjourn: 7; 4 r �
Subject: Roll
Kinion
Petty
Tennant t/
iAion t4go Ferrell
F� Adams
Lewis l/
Gray r/
Boudreaux �,s
Mayor Jordan P
Subject:
Motion To:
Motion By:
Seconded:
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Gray
Boudreaux
Mayor Jordan
City Council Meeting: May 15,2012
Subject: Consent
Motion To: 64
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Motion By: 6,01 A'JV(VtYV
Seconded:
Kinion
Petty
�; Tennant
Ferrell
Adams
Lewis t/
n Gray !✓y
2 I Boudreaux
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Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Gray
Boudreaux
Mayor Jordan
City Council Meeting: May 15,2012
Subject: None
Motion To:
Motion By:
Seconded:
B. l Kinion
Unfinished Petty
Business Tennant
Ferrell
Adams
Lewis
Gray
Boudreaux
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Gray
Boudreaux
Mayor Jordan
City Council Meeting: May 15,2012
Subject: A to Z Taxi
Motion To: t4mv,`44 4 r
Motion By:
Seconded: GAW
C. 1 Kinion
Public Petty
Hearing Tennant �/ 1
Ferrell
Adams y�
1-:±JU J Lewis
Gray i✓` q,®
Boudreaux v0
Mayor Jordan
Subject: 1609 S. Duncan Avenue Raze and Removal
Motion To:
Motion By:
Seconded:
C 2 Kinion
Public Petty
Hearing Tennant
Ferrell
Adams 6n
Lewis
Gray
Boudreaux
V 2 Mayor Jordan
7-0
City Council Meeting: May 15,2012
Subject: RJN Group
Motion To:
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Motion By:
Seconded:
D. 1 Kinion emk
New Petty
Business Tennant ✓
Ferrell i/
Adams 4/
Lewis _
Gray "
Boudreaux t
Mayor Jordan
Subject: VAC 12-4064 Rochier St./Park Green
Motion To:
Motion By:
Seconded:
D. 2 Kinion S G+�s
New Petty V-0-
Business
Business Tennant yo'
Ferrell ✓ ✓ ✓
Adams ✓ LpO' ✓
Lewis cam"
Gray ✓� mow` ✓
Boudreaux ✓ &000-
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'7-a To 7 -a
City Council Meeting: May 15,2012
Subject: Amend §33.250 Composition; Membershi
Motion To:
Motion By:
Seconded: ALUM
D. 3 Kinion
New Petty
Business Tennant f
Ferrell
Adams ✓ t*``
Lewis 00
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Gray I 000�
Boudreaux V
5 5 00 Mayor Jordan
7-0
Subject: RZN 12-4077 Halsell Road/Pratt Place Inn Appeal
Motion To: lad &J, qv-A zi
Motion By: J
Seconded: "f a4- t ?. f.€„;.
D. 4 Kinion ase
New Petty ✓ /v
Business Tennant d" WO'`
Ferrell pe' vo*�
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aye a Departmental Correspondence
LEGAL
• • DEPARTMENT
Kit Williams
CityAttorney
TO: Mayor Jordan Jason B.Kelley
Assistant City Attorney
THRU: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney
DATE: May 16, 2012
RE: Resolutions and Ordinances prepared by the City Attorney's Office and
passed at the City Council meeting of May 15, 2012
1. Bid #12-33 Center Point Contractors, Inc.: A resolution awarding Bid #12-33
and authorizing a contract with Center Point Contractors, Inc. in the amount of
$37,410.00 for the construction of St. Joseph Park, approving a 10% project contingency,
and approving a budget adjustment of$14,361.00.
2. Fayetteville Police Department Donation Revenue: A resolution approving a
budget adjustment in the amount of $2,900.00 representing donation revenue to the
Fayetteville Police Department in support of Officer Service Awards.
3. State and Federal Law Enforcement Forfeiture Revenue: A resolution
approving a budget adjustment in the amount of $43,366.00 representing State and
Federal Law Enforcement Forfeiture Revenue receiving during the first quarter of 2012
and authorizing expenditures therefrom.
4. McClelland Consulting Engineers, Inc. Task Order No. 9: A resolution to
approve Task Order No. 9 with McClelland Consulting Engineers, Inc. in the amount of
$32,504.00 for plans and specifications, construction administration and record drawings
of the Executive Hangar Office Addition Project and to approve a budget adjustment of
$32,504.00.
5. 2012 CDBG Award: A resolution approving a budget adjustment recognizing the
actual amount of the 2012 Community Development Block Grant Award from the U.S.
Department of Housing and Urban Development.
6. The Spirits Shop, Inc.: A resolution approving a settlement agreement with The
Spirits Shop, Inc., concerning condemnation litigation filed as part of the N. Garland
Avenue Improvement Project, in the total amount of$16,900.00.
7. Bid #12-34 David's Fire Equipment: A resolution to award Bid #12-34 to
purchase two thermal imagers from David's Fire Equipment in the amount of$20,400.00
plus sales tax for the Fayetteville Fire Department.
8. Bid #12-39 Benchmark Construction of NWA, Inc.: A resolution awarding Bid
#12-39 and authorizing a contract with Benchmark Construction of NWA, Inc. in the
amount of$407,560.00 for the construction and installation of a concrete pad at the Solid
Waste and Recycling Facility, approving a 10% project contingency and approving a
budget adjustment.
9. AHTD Utility Agreement: A resolution approving a cost-share agreement with
the Arkansas State Highway and Transportation Commission for the construction of
water and sewer relocations related to the widening of Crossover Road (Hwy. 265) from
Joyce Boulevard to Albright Road.
10. U of A Razorback Transit Contract: A resolution approving a contract with the
University of Arkansas Razorback Transit in an annual amount of$50,000.00 regarding
public transit services within the City of Fayetteville.
11. Gallagher Benefits Services, Inc.: A resolution approving a contract with
Gallagher Benefits Services, Inc. in an amount not to exceed $79,100.00 for the provision
of employee benefits brokerage services, and approving a budget adjustment.
12. Windstream Communications, Inc.: A resolution to approve the
Telecommunications Franchise Application of Windstream Communications, Inc. and to
approve the non-exclusive Telecommunications Franchise Agreement with Windstream
Communications, Inc.
13. Fayetteville Municipal Property Owners' Improvement District No. 19 —
Oakbrooke: A resolution to appoint Jason Taylor and Alan Harrison as successor
commissioners for Fayetteville Municipal Property Owners' Improvement District No.
19—Oakbrooke, Phase I Subdivision Infrastructure Project.
14. Donald & Brenda Johnston Settlement Agreement: A resolution approving a
settlement agreement with Donald and Brenda Johnston, Trustees of the Don and Brenda
Johnston Joint Revocable Trust U/D/T August 12, 2000, concerning condemnation
litigation filed as part of the N. Garland Avenue Improvement Project, in the total amount
of$13,250.00.
2
15. A to Z Taxi: A resolution granting a Certificate of Public Convenience and
Necessity to A to Z Taxi for the operation of up to five (5) taxicabs in the City of
Fayetteville.
16. 1609 S. Duncan Avenue Raze & Removal: A resolution ordering the razing and
removal of a dilapidated and unsafe structure owned by Adam P. Dyess, Petty J. Dyess
and Carolyn A. Dyess located at 1609 S. Duncan Avenue in the City of Fayetteville, and
approving a budget adjustment in the amount of$3,495.00.
17. RJN Group: A resolution approving an engineering services agreement with
RJN Group in the amount of $499,595.00 to update the wastewater collection system
model and master plan.
18. Amend §33.250 Composition; Membership: An ordinance to amend §33.250
Composition; Membership of the Board of Adjustment to reduce the number of
members from seven to five and the term from five to three years.
3
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
7ayve e�l e Ward 1 Position 2—Brenda Boudreaux
City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
May 15, 2012
A meeting of the Fayetteville City Council will be held on May 15, 2012 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
1. Approval of the May 1, 2012 City Council meeting minutes.
2. Bid #12-33 Center Point Contractors, Inc.: A resolution awarding Bid #12-33 and
authorizing a contract with Center Point Contractors, Inc. in the amount of$37,410.00 for
the construction of St. Joseph Park, approving a ten percent (10%) project contingency,
and approving a budget adjustment of$14,361.00.
3. Fayetteville Police Department Donation Revenue: A resolution approving a budget
adjustment in the amount of$2,900.00 representing donation revenue to the Fayetteville
Police Department in support of officer service awards.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
4. State and Federal Law Enforcement Forfeiture Revenue: A resolution approving a
budget adjustment in the amount of $43,366.00 representing state and federal law
enforcement forfeiture revenue received during the first quarter of 2012 and authorizing
expenditures therefrom.
5. McClelland Consulting Engineers, Inc. Task Order No. 9: A resolution to approve
Task Order No. 9 with McClelland Consulting Engineers, Inc. in the amount of
$32,504.00 for plans and specifications, construction administration and record drawings
of the Executive Hangar Office Addition Project and to approve a budget adjustment of
$32,504.00.
6. 2012 Community Development Block Grant Award: A resolution approving a budget
adjustment recognizing the actual amount of the 2012 Community Development Block
Grant award from the U.S. Department of Housing and Urban Development.
7. The Spirits Shop, Inc.: A resolution approving a settlement agreement with The Spirits
Shop, Inc., concerning condemnation litigation filed as part of the N. Garland Avenue
Improvement Project, in the total amount of$16,900.00.
8. Bid #12-34 David's Fire Equipment: A resolution to award Bid #12-34 to purchase
two thermal imagers from David's Fire Equipment in the amount of $20,400.00 plus
sales tax for the Fayetteville Fire Department.
9. Bid #12-39 Benchmark Construction of NWA, Inc.: A resolution awarding Bid #12-
39 and authorizing a contract with Benchmark Construction of NWA, Inc. in the amount
of$407,560.07 for the construction and installation of a concrete pad at the solid waste
and recycling facility, approving a ten percent (10%) project contingency, and approving
a budget adjustment.
10. Water and Sewer Relocation AHTD Utility Agreement: A resolution approving a
cost-share agreement with the Arkansas State Highway and Transportation Commission
for the construction of water and sewer relocations related to the widening of Crossover
Road (Highway 265) from Joyce Boulevard to Albright Road.
11. University of Arkansas (Razorback Transit) Contract: A resolution approving a
contract with the University of Arkansas (Razorback Transit) in an annual amount of
$50,000.00 regarding public transit services within the City of Fayetteville.
12. Gallagher Benefits Services, Inc.: A resolution approving a contract with Gallagher
Benefits Services, Inc. in an amount not to exceed $79,100.00 for the provision of
employee benefits brokerage services, and approving a budget adjustment.
13. Windstream Communications, Inc.: A resolution to approve the Telecommunications
Franchise application of Windstream Communications, Inc. and to approve the Non-
Exclusive Telecommunications Franchise Agreement with Windstream Communications,
Inc.
14. Fayetteville Municipal Property Owners' Improvement District No. 19 - Oakbrooke
Appointment: A resolution to appoint Jason Taylor and Alan Harrison as successor
commissioners for Fayetteville Municipal Property Owners' Improvement District No. 19
- Oakbrooke, Phase 1 Subdivision Infrastructure Project.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
15. Donald and Brenda Johnston Settlement Agreement: A resolution approving a
settlement agreement with Donald and Brenda Johnston, trustees of the Don and Brenda
Johnston joint revocable trust U/D/T August 12, 2000, concerning condemnation
litigation filed as part of the N. Garland Avenue Improvement Project, in the total amount
of$13,250.00.
B. Unfinished Business: None
C. Public Hearing:
1. A to Z Taxi: A resolution granting a Certificate of Public Convenience and Necessity to
A to Z Taxi for the operation of up to four(4) taxicabs in the City of Fayetteville.
2. 1609 S. Duncan Avenue Raze and Removal: A resolution ordering the razing and
removal of a dilapidated and unsafe structure owned by Adam P. Dyess, Perry J. Dyess
and Carolyn A. Dyess located at 1609 S. Duncan Avenue in the City of Fayetteville,
Arkansas, and approving a budget adjustment in the amount of$3,495.00.
D. New Business:
1. RJN Group: A resolution approving an engineering services agreement with RJN
Group in the amount of$499,595.00 to update the wastewater collection system model
and master plan.
2. VAC 12-4064 Rochier St./Park Green: An ordinance approving VAC 12-4064
submitted by Crafton Tull and Associates, Inc. for property located at 1001 West Rochier
Street to vacate undeveloped streets and alley ways in the Rochier Heights Subdivision.
3. Amend §33.250 Composition; Membership: An ordinance to amend §33.250
Composition; Membership of the Board of Adjustment to reduce the number of members
from seven to five and the term from five to three years.
4. RZN 12-4077 Halsell Road/Pratt Place Inn Appeal: An ordinance rezoning that
property described in rezoning petition RZN 12-4077, for approximately 2.37 acres,
located on Halsell Road from C-PZD, Commercial Planned Zoning District, to RSF-4,
Residential Single-Family, 4 units per acre, subject to the offered Bill of Assurance.
City Council Tour:
Announcements:
Adjournment:
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may address the City Council on agenda items of New and Old Business. Please wait
for the Mayor to request public comment and then come to the podium, give your name, address, and
comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor,
Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each
person is only allowed one turn at the microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council
meetings:
Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting
should only be considered if it requires immediate City Council consideration and if the normal agenda
setting process is not practical. The City Council may only place such new item on the City Council
meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to
the Consent Agenda.
Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without
discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item,
that item shall be removed and considered immediately after the Consent Agenda has been voted upon.
Old business and new business.
Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an
ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city
contractor, rezoning or development applicant, etc.) may present its proposal only during this
presentation period, but may be recalled by an alderman later to answer questions. Staff and
applicants may use electronic visual aides in a City Council meeting as part of their presentation.
Public comments. Public comment shall be allowed for all members of the audience on all items of old
and new business and subjects of public hearings. No electronic visual aid presentations shall be
allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a
member of the public wishes for the City Clerk to distribute materials to the City Council before its
meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of
the City Council meeting. Any member of the public shall first state his or her name and address,
followed by a concise statement of the person's position on the question under discussion. Repetitive
comments should be avoided; this applies to comments made previously either to the City Council or to
the Planning Commission when those Planning Commission minutes have been provided to the
Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any
particular member of the City Council. No person other than the Aldermen and the person having the
floor shall be permitted to enter into any discussions without permission of the Mayor. No questions
shall be directed to an Alderman or city staff member except through the Mayor.
Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections
as to integrity, abusive comments and statements about motives or personalities. Any member of the public
who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking
and shall leave the podium.
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice
is required. For further information or to request an interpreter, please call 575-8330.
A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113
W. Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City of Fayetteville Staff Review Form
A. 12
City Council Agenda Items Palle 1 of Benefits Services, Inc.
920
and
Contracts, Leases or Agreements
5/15/2012
City Council Meeting Date
Agenda Items Only
Missy Leflar Human Resources Chief of Staff
Submitted By Division Department
Action Required:
Staff requests that Council approve the contract with Gallagher Benefits Services, Inc.,for benefits brokerage services.
$36,000.00 $ 55,000.00 Services/Maintenance
Cost of this request Category/Project Budget Program Category 1 Project Name
1010.1220.5416.00
1010.1220.5314.00 $ 17,865.88 Human Resources
Account Number Funds Used to Date Program/Project Category Name
NA $ 37,134.12 General Fund
Project Number Remaining Balance Fund Name
Budgeted item =X Budget Adjustment Attached �X
L7- /'}_ Previous Ordinance or Resolution#
Departm ector Date
Original Contract Date:
12-- Original Contract Number:
ney Date
-Fioa a . I�„l,� 5-3-2.6tz
Finance and Internal Services Director Date Received in CIW5-02-1 2 P 0-:25 R C V D
Clerk's Office
Chef of S Date
Received in 3,
Mayor's Office
M yZ
or D to
Comments:
Revised January 15,2009
A. 12
Gallagher Benefits services, Inc.
Ta7yatde Page 2 of 20
THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
g
NSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan and City Council members
Thru: Don Marr, Chief of Staff
From: Missy Leflar, Human Resources Director
Date: May 2, 2012
Subject: Five Year Contract with Gallagher Benefit Services, Inc. for Benefits Brokerage services.
PROPOSAL:
Staff recommends that the City Council approve the 2012 Five Year Contract with Gallagher Benefits Service,
Inc.
RECOMMENDATION:
Staff recommends approval of this contract with Gallagher Benefit Services, Inc.
DISCUSSION:
BROKER SERVICES: The City of Fayetteville put out a Request for Professional Services bid for benefits
brokerage services. This was due to the five year contract of the current broker coming to an end. A
Committee vetted eight bids, and narrowed it down to two bidders, who were interviewed. Each was also asked
about benefits software recommendations, since it is industry standard for insurance broker services to include
benefits software. Benefits brokers are typically knowledgable about the software options and often have the
capability to obtain bulk pricing and offer a discounted price to their clients.
The City's benefits broker acts as a continous resource, advising City staff on an ongoing basis concerning how
to keep the City legally compliant with federal regulations pertaining to benefits adminsitration (including
federal regulations on pre-tax versus post-tax benefits related payroll deductions and the multitude of Health
Care Reform requirements). The broker oversees takeovers when the City switches from one insurance
company to another, and is responsible for ensuring that no employees contractually lose coverage in the
transition. The broker vets benefits related legal notices sent by City staff to employees. The broker sends
representatives to assist in employee Question and Answer sessions each year at annual benefits enrollment.
The broker also functions as an advocate for the City when City staff has requests of insurance carriers and the
companies who administer certain benefits functions which are not being addressed in a timely fashion. In
addition, the broker is hired to negotiate on behalf of the City with insurance companies, and function as a
liasion between the City and the insurance companies, the benefits software vendor(s), the COBRA vendor,
Flexible Spending Account vendor, the City's Employee Assistance Program vendor, and the financial
institution housing the City employees' Health Savings Accounts.
BENEFITS SOFTWARE: The Committee asked both finalists for recommendations concerning benefits
software. Gallagher Services recommended the City's consideration of PlanSource benefits software, which
Gallagher could provide at a discount price for the City. The City staff in Accounting, HR, and IT who
regularly use the current benefits software reviewed the PlanSource software and compared it to both the
current software and another vendor's software. It was agreed that the PlanSource software should interact
better with the City's payroll system with regard to payroll deductions for insurance premiums, should have
A. 12
THE CITY OF FAWft[LWeAWAeW Inc.
superior reporting functionalities useful for City Accounting staff performing billing reconciliations and City
HR staff assisting employees, and should better serve for allowing employees the opportunity to self-enroll their
benefits as well as directly access their individual benefits information. PlanSource, like the current benefits
software, would also function as the employee benefits database and would replace labor intensive paperwork
by electronically feeding employee benefits changes to the medical, dental, and insurance companies as well as
the COBRA/Medical Reimbursement Account administrating company.
Based on the Request for Proposal (RFP) issued, the City can bundle the above services into a contract and have
a single provider for brokerage services as well as benefits database software. This was precisely the City's
process five years ago, when Council approved a contract with the current benefits broker in an agreement that
added discounted benefits software provided by the broker. The City will benefit from this bundling due to the
fact that Gallagher maintains a national contract with the software provider, allowing the City to take advantage
of competitive high-volume based pricing it would not otherwise receive. The Connect2MyBenefits
software by PlanSource was included with the competitive response from Gallagher Benefits Services ties to the
Gallagher's recommended method of providing benefits brokerage services to the City.
Staff thus recommends a Contract with Gallagher Benefit Services, Inc. which includes both brokerage services
and benefits database software.
BUDGETIMPACT:
The entire budget impact for both the broker services and the discounted benefits software service is $6,168.40
per calendar year[ moving forward from 2013 (and $12,122.41 immediately for 2012), which is being offset by
funds being transferred from the Human Resources Contingency/Savings General Ledger Account. That
Account was funded, in part,by savings caused by the City's unemployment benefits bill decreasing for the first
time in four years to an amount $38,041.71 less than budgeted. There is thus no net additional cost to the
General Fund.
$1,221 per year more for brokerage services and$4,947.40 per year more for benefits software,to total$6,168.40.
A. 12
Gallagher Benefits Services, Inc.
Page 4 of 20
r
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH GALLAGHER
BENEFITS SERVICES, INC. IN AN AMOUNT NOT TO EXCEED $79,100.00
FOR THE PROVISION OF EMPLOYEE BENEFITS BROKERAGE
SERVICES, AND APPROVING A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a
contract with Gallagher Benefits Services, Inc. in an amount not to exceed $79,100.00 for the
provision of employee benefits brokerage services.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit"A".
PASSED and APPROVED this 15'h day of May, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
i City of Fayetteville,Arkansas
06
Budget Adjustment Form A. iz v11.0ser
II h r Benefits Services, Inc.
Budget Year Division: Human Resources Request Date Adjugf34fe1WAiimber
2012 Department: Chief of Staff 5/2/2012
BUDGET ADJUSTMENT DESCRIPTION/JUSTIFICATION
Staff requests a transfer of$12,123 from GL Account 1010.1220.2911.00 (HR Contingency/Savings)to GL Account
1010.1220.5314.00 (Professional Services)/ 1010.1220.5416.00(Software Maintenance),due to an RFP resulting in
the City's proposed change in benefits broker services.
Prepared By: Missy Leflar
Division Head Date kspn.nger
Reference:
dget Director Date Budget& Research Use Only
Type: A B C E P
Department Director Date
'1 OIA Q - 4 -S-161'_ General Ledger Date
Fi nce Direct r Date
Posted to General Ledger
Chief o tall Date Initial Date
7 12 Checked/Verified
a r ate I Initial Date
TOTAL BUDGET ADJUSTMENT
Increase/(Decrease)
Account Name Account Number Expense Revenue Project.Sub
Software maintenance 1010.1220.5416.00 1,244
Professional services 1010.1220.5314.00 10,879
Contingency/Savings Other 1010.1220.5911.00 (12,123)
.EXHIBIT
H:\Budget\Budget Adjustments\2012 Budget\Kevin\BA2012_HR_Gallagher Broker Services.xls 1 of 1
A. 12
Gallagher Benefits Services, Inc.
Page 6 of 20
CONSULTING AGREEMENT
This Consulting Agreement (this "Agreement") is made by and between Gallagher Benefit
Services, Inc., a Delaware corporation("GBS"), and City of Fayetteville,Arkansas(the"Client").
The Client wishes to enter into a consulting relationship with GBS with the terms and conditions set forth
in this Agreement, and GBS is willing to accept such a consulting relationship.
In consideration of and in reliance upon the previous paragraph and the terms and conditions contained in
this Agreement, the Client and GBS agree as follows:
1. Engagement
The Client engages GBS as an employee benefits consultant as stated in this Agreement
and GBS accepts this engagement. During the time that GBS is performing services for the
Client under this Agreement, and for all purposes outlined in this document, GBS' status will be
that of an independent contractor of the Client.
2. Term and Termination
The Effective Date of this Agreement is May 16, 2012. The term of GBS' engagement under this
Agreement (the"ConsultingPeriod") will begin as of the Effective Date and will remain in effect for five
(5) years from the Effective Date, subject to mutually agreed upon annual renewal by both parties. Either
party may terminate this Agreement by giving the other party at least thirty(30) days written notice of its
intent to terminate. In the event such termination is effective during the Consulting Period,Client shall be
responsible to GBS for any services performed prior to the date of termination and GBS shall be
responsible to Company to continue to provide services until the date of termination of this Agreement.
3. Services
GBS will provide employee benefits management consulting services to the Client and consult
with its employees, representatives, agents and contractors as to such matters as more fully described in
Exhibit A attached to this Agreement and incorporated herein. GBS will perform other services as the
Client and GBS mutually agree in writing.
4. Compensation
Subject to any changes as may be mutually agreed by the parties in writing and signed by their
authorized representatives, GBS will receive, as compensation for its services under this Agreement, fees
in the amount of$ 571,600 per year, which amount will be billed in equal
installments of$4,800 and paid on a monthly basis.
GBS further agrees to fully disclose to Client, in writing, any business relations with or
commissions it receives or plans on receiving from any of Client's current or prospective insurance
carriers or other vendors. GBS will do so prior to making any recommendations to Client concerning
Client doing or continuing doing business with such a carrier or vendor, so that Client will be apprised of
any potential conflict of interest.
GBS Consulting Agreement 4-2006
Page I of 14
A. 12
Gallagher Benefits Services, Inc.
Page 7 of 20
For additional information regarding GBS compensation,please see our revenue disclosure policy
and schedule set forth in Exhibit B.
In the event an insurance company cancels or refuses to renew an insurance coverage that had
been placed by GBS,on behalf of Client,GBS will use its best efforts to obtain appropriate replacement
coverage from another insurance company.
S. Performance and Scope
(a) GBS Not a Fiduciary Under ERISA. To the extent that one or more of the Client's
employee benefit plans are subject to the Employee Retirement Income Security Act, as amended
(ERISA) and in spite of any other provision of this Agreement to the contrary, the parties agree and
acknowledge that:
(i)GBS' services under this Agreement are not intended in any way to impose on GBS or any of
its affiliates a fiduciary status under the Employee Retirement Income Security Act of 1974, as amended
("ERISA') ; and
(ii)this Agreement does not provide GBS, and the Client will not cause or permit GBS to assume,
without prior written consent of GBS, any:
(A) discretionary authority or discretionary control respecting management of any
"employee benefit plan"within the meaning of Section 3(3)of ERISA(an"ERISA Plan"),
(B) authority or control respecting management or disposition of the assets of any ERISA
Plan, or
(C) discretionary authority or discretionary responsibility in the administration of any
ERISA Plan.
(b) Reliance. In the performance of its duties, GBS may rely upon, and will have no
obligation to independently verify the accuracy, completeness, or authenticity of, any written instructions
or information provided to GBS by the Client or its designated representatives and reasonably believed by
GBS to be genuine and authorized by the Client.
(c) No Practice of Law. GBS will not be obligated to perform, and the Client will not
request performance of, any services which may constitute unauthorized practice of law. The Client will
be solely responsible for obtaining any legal advice, review or opinion as may be necessary to ensure that
its own conduct and operations, including the engagement of GBS under the scope and terms as provided
herein, conform in all respects with applicable State and Federal laws and regulations (including ERISA,
the Internal Revenue Code, State and securities laws and implementing regulations) and, to the extent that
the Client has foreign operations, any applicable foreign laws and regulations.
(d) Subcontractors. GBS may cause another person or entity, as a subcontractor of GBS, to
provide some or all of the services required to be performed by GBS hereunder: provided, that GBS shall
remain responsible for all acts and omissions of any such subcontractors (each of which shall be bound by
GBS' obligations under this Agreement). GBS shall seek prior written approval from Client for any
subcontractors providing substantive consulting, professional or managerial services. Prior written
GBS Consulting Agreement 4-2006
Exhibit A revised 11-2007
Page 2 of 14
A. 12
Gallagher Benefits Services, Inc.
Page 8 of 20
approval shall not be required for clerical, office, secretarial, IT back-up, administrative or similar support
services.
(e) Conflict of Interest. GBS' engagement under this Agreement will not prevent it from
taking similar engagements with other clients who may be competitors of the Client. GBS will,
nevertheless, exercise care and diligence to prevent any actions or conditions which could result in a
conflict with Client's best interest.
(0 Acknowledgements. In connection with GBS' services under this Agreement, Client
agrees that:
(i) Although GBS will apply its professional judgment to access those
insurance companies it believes are best suited to insure the Client's risks, there can be no
assurance that the insurance companies GBS has accessed are the only or are the best suited ones
to insure the Client's risks.
(ii) Any compensation of the types described above and disclosed to it does
not constitute a conflict of interest and the Client expressly waives any claims alleging any such
conflict of interest.
(iii) The final decision to choose any insurance company has been made by
the Client in its sole and absolute discretion. The Client understands and agrees that GBS does
not take risk, and that GBS does not guarantee the financial solvency or security of any insurance
company.
(iv) The compensation payable to GBS is solely for the services set forth
under this Agreement, including Exhibit A. Any additional administrative, claims representative
or other services (collectively, "Additional Services") will be governed by the terms of a separate
agreement covering the Additional Services.
(v) The Client is responsible for immediate payment of GBS' fees (if
applicable) and payment of premiums for all insurance placed by GBS on Client's behalf. If any
amount is not paid in full when due, including premium payments to insurance companies, that
nonpayment will constitute a material breach of this Agreement that will allow GBS to
immediately terminate this Agreement, at its option, with notice to the Client
6. Confidentiality
(a) Client Information. GBS recognizes that certain confidential information may be
furnished by the Client to GBS in connection with its services pursuant to this Agreement ("Confidential
Information"). GBS agrees that it will disclose Confidential Information only to those who, in GBS'
reasonable determination, have a need to know such information. Confidential Information will not
include information that (i) is in the possession of GBS prior to its receipt of such information from the
Client, (ii) is or becomes publicly available other than as a result of a breach of this Agreement by GBS,
or (iii) is or can be independently acquired or developed by GBS without violating any of its obligations
under this Agreement. However, disclosure by GBS of any Confidential Information pursuant to the
terms of a valid and effective subpoena or order issued by a court of competent jurisdiction, judicial or
administrative agency or by a legislative body or committee will not constitute a violation of this
GBS Consulting Agreement 4-2006
Exhibit A revised 11-2007
Page 3 of 14
A. 12
Gallagher Benefits Services, Inc.
Page 9 of 20
Agreement, (provided that GBS immediately notifies Client in writing upon GBS' receipt of any such
subpoena or order).
(b) HIPAA Privacy. In spite of Sections 6(a) above, GBS and the Client will each comply
with any prohibitions, restrictions, limitations, conditions, or other requirements to the extent they apply
to them directly or indirectly pursuant to the Health Insurance Portability and Accountability Act of 1996
("HIPAA") and its implementing regulation concerning privacy of individually identifiable health
information as set forth in 45 CFR Parts 160-164, as amended from time to time. Where required, the
Client, as a representative of the health plans and GBS will enter into a separate Business Associate
Agreement.
(c) Use of Names: Public Announcements. No party will use, in any commercial manner,
the names, logos, trademarks or other intellectual property of the other party without its prior written
consent. Except as may be required by law, no party will issue any press releases or make any public
announcements of any kind regarding the relationship between the parties without the other party's prior
consent.
7. Limitation of Liability
Limitation of Liability. Notwithstanding any other term or provision of this Agreement, neither
party shall be liable to the other for any exemplary, special indirect, incidental, consequential or punitive
damages (including but not limited to lost profits) which may result from the other party's action or its
failure to perform any term or condition of this Agreement or whether such liability is based upon tort,
strict liability, breach of warranties, failure of essential purpose or otherwise and if advised of the
possibility of such damages.This provision applies to the fullest extent permitted by applicable law.
8. Notices
Any notices, requests and other communications pursuant to this Agreement will be in writing
and will be deemed to have been duly given, if delivered in person or by courier, telegraphed, or by
facsimile transmission (provided that the sender received electronic confirmation of receipt by recipient)
or sent by express,registered or certified mail,postage prepaid,addressed as follows:
If to the Client: Missy Leflar
ATTN: Human Resources
113 W.Mountain
Fayetteville, AR, 72701
(Fax:) (479) 718-7698
If to GBS: Gallagher Benefit Services,Inc.
1650 E. Battlefield Road; Suite 200
Springfield, MO 65804
Attention: Joe Martin
(Fax: 417-881-8719)
Either party may, by written notice to the other, change the address to which notices to such party are to
be delivered or mailed.
GBS Consulting Agreement 4-2006
Exhibit A revised 11-2007
Page 4 of 14
A. 12
Gallagher Benefits Services, Inc.
Page 10 of 20
9. Miscellaneous
(a) Severabilitv. The various provisions and subprovisions of this Agreement are severable
and if any provision or subprovision or part thereof is held to be unenforceable by any court of competent
jurisdiction, then such enforceability will not affect the validity or enforceability of the remaining
provisions or subprovisions or parts thereof in this Agreement.
(b) Entire Agreement; Amendment. This Agreement, including- all exhibits hereto,
constitutes the entire agreement between the parties and supersedes all prior agreements and
understandings, whether oral or written, between the parties regarding the subject matter hereof. This
Agreement may be modified or amended only by a written instrument executed by both parties.
(c) Governing Law; Rule of Construction. This Agreement will be construed, interpreted
and enforced in accordance with the laws of the State of Arkansas without giving effect to the choice of
law principles thereof or any canon, custom or rule of law requiring construction against the drafter.
(d) Jurisdiction and Venue. The parties agree that in the event of any legal dispute the
governing jurisdiction and venue will be Washington County Circuit Court in Fayetteville, Arkansas for
state court actions or the United States District Court, Western District, Arkansas, in Fayetteville,
Arkansas for federal court actions.
(e) Successors. This Agreement shall be binding upon and shall inure to the benefit of all
assigns, transferees and successors in the interest of the parties hereto.
(f) Counterparts. This Agreement maybe executed by the parties in several counterparts,
each of which shall be deemed to be an original copy.
(g) Survival of Provisions. Sections 2,4, 6 and 7 will survive the termination of this
Agreement.
[The remainder of this page intentionally left blank. The parties' signatures appear on the
following page.]
GBS Consulting Agreement 4-2006
Exhibit A revised 11-2007
Page 5 of 14
A. 12
Gallagher Benefits Services, Inc.
Page 11 of 20
IN WITNESS WHEREOF,the parties hereto have caused this Consulting Agreement to be duly executed
on the date first written above.
City of Fayetteville,Arkansas
By:
Name:
Title:
GALLAGHER BENEFIT SERVICES,INC.
• Branch Managers (Area Presidents) are the
preferred signers on consulting or fee
agreements, however, our current policy allows
for producers who are Area AVPs to sign for
GBS as well.
• Any modifications must be approved AJG
corporate legal prior to GBS signature.
By:
Name: Joe Martin
Title: Area Vice President
GBS Consulting Agreement 4-2006
Exhibit A revised 1 I-2007
Page 6 of 14
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Gallagher Benefits Services, Inc.
Page 12 of 20
EXHIBIT A
SCOPE OF SERVICES
Subject to any changes and additions as may be mutually agreed by the parties in writing, availability and
delivery of data from the insurance carrier and other third party vendors, GBS will provide the following
services:
CONSULTING SERVICES PROVIDED ON AN"AS NEEDED"BASIS
❑ RENEWAL ANALYSIS
o Review and evaluate carrier projections
o Prepare"shadow"renewal projection
o Create financial modeling reports using proprietary Apex software
o Coordinate carrier negotiations
o Create employee contribution modeling reports
o Review identified benchmarks of projected plan costs
o Develop"working"rates for Company analysis and approval
o Assist with budget projections
o Provide renewal alternatives with cost impact of benefit plan changes
❑ PERIODIC PLAN FINANCIAL REPORTS(frequency to be mutually agreed upon):
o Summary of plan costs
o Analysis of actual vs. budget
o Employee contributions
o Large claims tracking
c Identification of costs for specific line of coverage
o Comparison of plan costs to aggregate stop-loss projections, if applicable
o Utilization review
o Comparison to prior claim period
o Plan trends
❑ ANNUAL FINANCIAL REPORTS(End of Year Accounting):
o Comparison of current costs to renewal costs
o Future plan costs projections
c Executive summary of program expenses
o Comparison of current costs to renewal costs
o Future plan costs projections
o Dollars saved by contract negotiation
o Percent of benefit dollars paid by employee
o Claims by size
o Physician visit details
o Benefits paid by type of service
o Plan fundingibudget comparison
o Fixed expense comparison
GBS Consulting Agreement 4-2006
Exhibit A revised 11-2007
Page 7 of 14