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HomeMy WebLinkAbout173-12 RESOLUTIONRESOLUTION NO. 173-12 A RESOLUTION APPROVING A 2013 EMPLOYEE BENEFITS PACKAGE BE IT RESOLVED BY THE CITY FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of the 2013 employee benefits package as recommended Exhibit "A". COUNCIL Fayetteville, in the staff PASSED and APPROVED this 21st day of August, 2012. APPROVED: B ATTEST: By: OF THE CITY OF Arkansas hereby approves memorandum attached as SONDRA E. SMITH, City Clerk/Treasurer �evi�le THE CITY OF FAYETTEVILLE, ARKANSAS HUMAN RESOURCES DIVISION 113 West Mountain Fayetteville, AR 72701 P (479) 575-8278 F (479) 718-7698 ARKANSAS www.accessfayetteville.org TO: Kit Williams, City Attorney CC: Jason Kelley, Assistant City Attorney FROM: Missy Leflar, Human Resources Director At2Z RE: Amendment to Benefits Renewal Resolution from City Council Meeting of August 21, 2012 Per our discussion, I've reviewed the video from the August 21, 2012 City Council meeting. A copy of the Final Agenda for that meeting is attached. Item #5 under "New Business" was "Proposed Employee Benefits Renewal: A resolution approving a 2013 employee benefits package." At that meeting Alderman Petty proposed an amendment. After lengthy discussions, the following amendment was voted on and approved by the City Council: "All employees hired January 1, 2013 and later will contribute 18% toward their individual health insurance and 24% toward their family health insurance. This is applicable to both the Traditional PPO insurance and the High Deductible insurance." The above provision was implemented at the City as of January 1st of this year. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 City Council Meeting Page 1 of 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith Final Agenda City of Fayetteville Arkansas City Council Meeting August 21, 2012 Aldermen Ward 1 Position I — Adella Gray Ward 1 Position 2 — Brenda Boudreaux Ward 2 Position I — Mark Kinion Ward 2 Position 2 — Matthew Petty Ward 3 Position I — Justin Tennant Ward 3 Position 2 — Robert Ferrell Ward 4 Position I — Rhonda Adams Ward 4 Position 2 — Sarah Lewis A meeting of the Fayetteville City Council will be held on August 21, 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 August 7, 2012 City Council meeting minutes. 2. 2012-2013 Edward Byrne Memorial Justice Assistance Grants: A resolution authorizing acceptance of the 2012-2013 Edward Byrne Memorial Justice Assistance Grants in the total amount of$197,333.59. 2012-2013 Edward Byrne Memorial Justice Assistance Grants Additional: 2012-2013 Edward Byrne Memorial Justice Assistance Grants 3. 2012 Justice Assistance Grant Local Solicitation Award: A resolution authorizing acceptance of a 2012 Justice Assistance Grant Local Solicitation Award in the amount of $72,707.00 for the Police Department, and approving a budget adjustment. 2012 Justice Assistance Grant Local Solicitation Award 4. Bid #12-57 Williams Tractor: A resolution awarding Bid #12-57 and authorizing the purchase of one (1) round baler from Williams Tractor of Fayetteville in the total amount of $27,203.00 for use by Wastewater Treatment. Bid #12-57 Williams Tractor 5. Bid #12-59 Williams Tractor: A resolution awarding Bid #12-59 and authorizing the purchase of two (2) Polaris Rangers with Kimtek transport units from Williams Tractor of Fayetteville in the total amount of $45,276.00 for use by the Fire Department, and approving a budget adjustment. Bid #12-59 Williams Tractor 6. Bid #12-63 Hilbilt Sales Corporation -Arkansas: A resolution awarding Bid #12-63 and authorizing the purchase of one (1) end dump trailer from Hilbilt Sales Corporation -Arkansas in the total amount of $43,361.00 for use by Wastewater Treatment, and approving a budget adjustment. Bid #12-63 Hilbilt Sales Corporation -Arkansas 7. Bid #12-64 Warrior of Arkansas: A resolution awarding Bid #12-64 and authorizing the purchase of one (1) articulated wheel loader from Warrior of Arkansas, Inc. in the total amount of $119,950.00 for use by Wastewater Treatment, and approving a budget adjustment. Bid 412-64 Warrior of Arkansas 8. Solid Waste Agreement Extensions: A resolution approving one (1) year extension agreements with Deffenbaugh Industries, Hog Box and Waste Management of Northwest Arkansas to haul and dispose of solid waste and recycling in the city. Solid Waste Aereement Extensions 9. Animal Services Donation Revenue: A resolution approving a budget adjustment in the amount of $14,655.00 representing donation revenue to Animal Services for the second quarter of 2012. http://accessfayetteville.granicus. com/GeneratedAgendaViewer.php?view_id=2&clip_id=2... 5/7/2013 City Council Meeting Page 2 of 2 Animal Services Donation Revenue B. Unfinished Business: 1. Amend §154.03 Private Parties/Zoning Amendment: An ordinance to amend §154.03 Private Parties/Zoning Amendment to clarify the powers of the Planning Commission and City Council when a property owner seeks rezoning. This ordinance was left on the First reading at the July 17. 2012 City Council meeting. This ordinance was left on the Second reading at the August 7, 2012 City Council meeting. Amend §154.03 Private Parties/Zoning Amendment C. New Business: L Amerlux Exterior, LLC: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with for the purchase of seventeen (17) streetlight poles and fixtures manufactured by Dynamic Lighting. Inc. in the total amount of $28,415.93 for installation on downtown improvement projects along Mountain Street, College Avenue. Center Street. East Avenue and Meadow Street. Amerlux Exterior. LLC 2. Seven Valley's Construction Co.: A resolution awarding Bid #12-58 and authorizing a contract with Seven Valleys Construction Co., Inc. in the amount of $1,368,379.00 for construction of water and sewer improvements along State Highway 265 between Joyce Boulevard and Albright Road. approving a project contingency of $75,000.00 and approving a budget adjustment. Seven Valley's Construction Co. 3. Sunbridge Villas Subdivision Private Street Acceptance: A resolution accepting dedication of street right-of-way and maintenance responsibility for streets in the Sunbridge Villas Subdivision from the Sunbridge Villas Property Owners Association, Inc. upon completion of the current private milling and overlay project to City standards as approved by the City Engineer. Sunbridge Villas Subdivision Private Street Acceptance Additional: Sunbridge Villas Subdivision Private Street Acceptance 4. Proposed Employee Benefits Renewal: A resolution approving a 2013 employee benefits package. Proposed Employee Benefits Renewal 5. RZN 12-4146 (4054 W. Starry Night View/Oakbrooke III PZD): An ordinance rezoning that property described in rezoning petition RZN 12-4146, for approximately 1.80 acres, located at 4054 and 4076 West Starry Night View and 1907 North Best Friend Lane from R-PZD 09-3439 Oakbrooke II1 to RSF-8, Residential Single Family, 8 Units Per Acre. RZN 12-4146 (4054 W. Starry Night View/Oakbrooke III PZD) 6. RZN 12-4164 (1420 N. Garland Ave./Bonds): An ordinance rezoning that property described in rezoning petition RZN 12-4164, for approximately 0.28 acres. located at 1420 North Garland Avenue from RMF -24. Residential Multi -Family. 24 units Per Acre to NS, Neighborhood Services. RZN 12-4164 (1420 N. Garland Ave./Bonds) 7. RZN 12-4166 (South of Brookbury Crossing & East of Candlewood Developments/Riggins): An ordinance rezoning that property described in rezoning petition RZN 12-4166, for approximately 20.99 acres, located to the south of Skillern Road from R -A, Residential Agricultural to RSF-0.5 One Half Single -Family Units Per Acre. RZN 12-4166 (South of Brookbury Crossing & East of Candlewood Developments/Riggins) 8. ADM 12-4171 (Amend UDC Ch. 166: Development): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville §166.24 to amend the applicability of non-residential design standards. ADM 12-4171 (Amend UDC Ch. 166: Development) Announcements: Ad iournment: http://accessfayetteville. granicus. com/GeneratedAgendaViewer.php?view_id=2&clip_id=2... 5/7/2013 Missy Leflar Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/21/2012 City Council Meeting Date Agenda Items Only Human Resources Division Action Required: Chief of Staff Department Staff recommends that Council approve renewal of the Datapath and Ace USA contracts at no increased cost to the City. Staff further recommends that Council approve the City's proposed United Health Care health insurance changes, as well as the employee wellness incentive premiums as outlined in the accompanying memo. 3,967,200.00 Cost of this request )0000000(.51 )000( Account Number N/A Project Number Budgeted Item X Category / Project Budget Citywide Program Category / Project Name Citywide Funds Used to Date Program / Project Category Name Citywide Remaining Balance Fund Name Budget Adjustment Attached Dep rtment Director Date I=8 -!Z. Date Finance and Internal Services Director Date 5f -'5? -1A Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 08-03-12P03:02 RCVD Received in City Clerk's Office Received in Mayor's Office ENT €D 8rZ Comments: Revised January 15, 2009 RESOLUTION NO. A RESOLUTION APPROVING A 2013 EMPLOYEE BENEFITS PACKAGE 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 the 2013 employee benefits package as recommended in the staff memorandum attached as Exhibit "A". PASSED and APPROVED this 21st day of August, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. 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City of Fayetteville PPO Budget Comparison Report - PPO Traditional 1/1/2012 through 12/31/2012 ti tal `i` 672 679 680 675 0 0 0 0 0 0 0 0 $335,036 $337,174 $337,786 $337,034 $0 $0 $0 $0 $o $0 $0 $0 $498.57 $496.57 $496.74 $499.31 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $195,167 $175,540 $411,019 $212,141 $0 $0 $o $0 $0 $0 $0 $0 $44,075 855,469 $62,220 $56,821 $0 $0 $0 $0 $0 $o $0 $0 $0 $0 $0 $0 $0 $0 $o $o $o $0 80 $0 $239,242 $231,009 $473,239 $268,962 $0 $0 $0 $0 $o $0 $0 $0 $356.01 $340.22 $695.94 $398.46 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $81,682 $82,203 $82,352 $82,169 $0 $o $0 $o $0 $0 $0 $0 $320,924 $313,212 $555,591 $351,131 $0 $0 $o $0 $o $0 $0 $0 $477.56 $461.28 $817.05 $520.19 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0o $0.00 $0.00 $14,112 $23,962 (8217,805) ($14,097) $0 $o $o $0 $0 $0 $0 $0 $21.00 $35.29 ($320.30) ($20.88) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 95.79% 92.89% 164.48% 104.18% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 2,706 $1,347,030 $497.79 $993,867 $218,586 $0 $1,212,452 $448.06 $328,406 $1,540,858 $569.42 ($193,829) ($71.63) 114.39% 19 Plan Name Product Option Plan Offering Multiple Option with: HRA or HSA Benefits* Office Copay (PCP/SPC) Other Copays (IP/ER/UC) Other Deductible Coinsurance Out -of -Pocket Pharmacy Deductible Coinsurance Out of Pocket Enrollment Employee Employee + Family Total Rates Employee Employee + Family Monthly Cost Annual Cost Change from Current TOTAL PREMIUM COST SAVINGS OVER ORIGINAL ORIGINAL PROPOSAL Option 1: Current Choice Plus * Insurance A - Choice Plus Dual Option Option(s) 2 No Network Single/Family. N/A Per Visit N/A/N/A/N/A N/A $500/1,000 80% $2,500/4,000 $10/30/50 Out of Network Single/Family $1,000/2,000 60% $4,000/8,000 168 401 569 Rates (Bi Current led) Option 2: Current Choice Plus * Insurance AA - Choice Plus HSA Dual Option Option(s) 1 HSA Network Single/Family N/A Per Visit N/A/N/A/N/A N/A $3,000/6,000 100% $4,000/8,000 Int Med/Rx Ded, $10/35/60 Out of Network Single/Family; $5,000/10,000 80% $6,000/12,000 57 55 112 Proposed $250.86 $664.77 $308,717 $3,704,607 $302.27 $801.00 $371,982 $4,463,788 20.5% Rates .(Billed) Proposed Current. $153.68 $407.24 $31,158 $373,896 $188.18 $498.66 $38,153 $457,831 22.5% $4,921,619 REVISED PROPOSAL Option 3 NEW Choice Plus * Insurance New Plan Dual Option Option(s) Replaces 1 No Network Single/Family:. N/A Per Visit N/A/N/A/N/A N/A $1,000/2,000 80% $3,000/6,000 $10/30/50 Out of Network Single/Family $2,000/4,000 70% $6,000/12,000 168 401 569 Rates (Billed) Current Proposed Option 10 NEW Choice Plus * Insurance New Plan Dual Option Option(s) Replaces 2 HSA Network Single/Family N/A Per Visit N/A/N/A/N/A N/A $3,000/$6,000 80% $4,000/$8,000 Int Med/Rx Ded, $10/35/60 Out of Network Single/Family $5,000/$10,000 60% $6,000/$12,000 57 55 112 $281.40 $745.70 $346,301 $4,155,611 12.2% Rates (Billed): Current Proposed $150.07 $397.67 $30,426 $365,110 -2.3% $4,520,721 $400,898 2013 Health Insurance Summary: Monthly Premiums: (Employee) 620 - PPO HEALTH INSURANCE - FAMILY Cost to Employee (50% Split Cost Increase) 8/4/2012 630 - PPO HEALTH INSURANCE - INDIVIDUAL 660 - HDHP HEALTH SAVINGS - INDIVIDUAL 670 - HDHP HEALTH SAVINGS - FAMILY 620 - PPO HEALTH INSURANCE - FAMILY 410 $ 93.18 $ 163 $ 18.42 $ 45 $ 10.08 $ 50 $ 26.58 $ em 126.96 $ 133.64 $ 140.32 32.01 $ 33.69 $ 35.37 7.87 $ 8.28 $ 8.69 20.71 $ 21.80 $ 22.89 emit,.:. 410 $ 571.59 $ 618.74 $ 612.06 $ 605.38 630 - PPO HEALTH INSURANCE - INDIVIDUAL 163 $ 232.44 $ 249.39 $ 247.71 $ 246.03 660 - HDHP HEALTH SAVINGS - INDIVIDUAL 670 - HDHP HEALTH SAVINGS - FAMILY 45 $ 214.40 $ 213.00 $ 212.59 $ 212.18 50 $ 537.32 $ 533.62 $ 532.53 $ 531.44 620 - PPO HEALTH INSURANCE - FAMILY 410 $ 2,812,200 630 - PPO HEALTH INSURANCE - INDIVIDUAL 163 454,700 660 - HDHP HEALTH SAVINGS - INDIVIDUAL 45 115,800 670 - HDHP HEALTH SAVINGS - FAMILY 50 322,400 TOTAL BUDGET $ CHANGE FROM 2012 *Includes COF Contribution on the HDHP Plans mium, : Rremiu $ 3,044,200 $ 3,011,300 $ 2,978,500 487,800 484,500 481,200 115,000 114,800 114,600 320,200 319,500 318,900 $ 3,705,100 $ 3,967,200 $ 3,930,100 $ 3,893,200 $ 262,100 $ 225,000 $ 188,100 "Initial Proposal" Impact on City Budget If Current Employee/Employer 0/0 Were Kept the Same Health Current New Increase Plan Cost Cost To The City 0/0 PPO - FAMILY (620) $ 2,812,200 $ 3,388,500 $ 576,300 20% PPO - INDIVIDUAL (630) 454,700 547,800 93,100 20% HDHP - INDIVIDUAL (660) 115,800 133,200 17,400 15% HDHP - FAMILY (670) 322,400 373,700 51,300 16% $ 3,705,100 $ 4,443,200 $ 738,100 20% Impact on City Budget If Increase Divided Equally Between Employee/Employer Health Current New Increase Plan Cost Cost To The City 0/0 PPO - FAMILY (620) $ 2,812,200 $ 3,147,400 $ 335,200 12% PPO - INDIVIDUAL (630) 454,700 504,900 50,200 11% HDHP - INDIVIDUAL (660) 115,800 125,100 9,300 8% HDHP - FAMILY (670) 322,400 349,800 27,400 8% $ 3,705,100 $ 4,127,200 $ 422,100 11% "Recommended" Impact on City Budget If Current Employee/Employer 0/0 Were Kept the Same Health Current New Increase Plan Cost Cost To The City 0/0 PPO - FAMILY (620) $ 2,812,200 $ 3,154,600 $ 342,400 12% PPO - INDIVIDUAL (630) 454,700 510,000 55,300 12% HDHP - INDIVIDUAL (660) 115,800 160,300 44,500 38% HDHP - FAMILY (670) 322,400 309,200 (13,200) -4% $ 3,705,100 $ 4,134,100 $ 429,000 12% Impact on City Budget If Increase Divided Equally Between Employee/Employer Health Current New Increase Plan Cost Cost To The City 0/0 PPO - FAMILY (620) $ 2,812,200 $ 3,044,200 $ 232,000 8% PPO - INDIVIDUAL (630) 454,700 487,800 33,100 7% HDHP - INDIVIDUAL (660) 115,800 115,000 (800) -1% HDHP - FAMILY (670) 322,400 320,200 (2,200) -1% $ 3,705,100 $ 3,967,200 $ 262,100 7% le C. 4 Proposed Employee THE CITY OF FAYETTEVILLEial HUMAN RESOUR ES DIVISION 113 West Mountain Fayetteville, AR 72701 P (479) 575-8278 F (479) 718-7698 ARKANSAS.; www.acc.e.ssfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council members Thru: Don Man, Chief of Staff From: Missy Leflar, Human Resource Director Date: August 8, 2012 Subject: Employee benefits renewals PROPOSAL: Kewised cd- iuk,6,`$ f"_'" ~''t. It is proposed that the City Council renew the City's employee benefits for 2013, as more fully described below. The proposal is made now in order for the employee benefits enrollment process to proceed on time, and so that City employees may retain what many consider the most positive aspect of their employment with the City: their benefits. There are three City paid benefits contracts coming up for renewal for 2013. Two of them are for the same price as the City currently pays. Staff recommends renewal of these two contracts. The first is with Datapath Administrative Services for administration of the legally required Section 125 Summary Plan Description and COBRA Administration services, as well as administration of the employee Flexible Spending Accounts (medical reimbursement and dependent care reimbursement. The second is with Ace USA for group Accidental Death & Dismemberment insurance ($25,000 coverage in the event an employee dies in an accident or loses a limb). In addition, there are two employee paid benefits contract matters not requiring Council approval, since the employees pay for these benefits rather than the City. Just for Council's information, one is the Delta Dental insurance renewal that is occurring (at no rate increase). The other is a change in vision insurance from AlwaysCare Vision to Superior Vision, which will be a vision product that will cost employees less and will have better coverage. The third City paid benefit contract coming for renewal for 2013 is the health insurance. For the last several years the City's health insurance companies have consistently paid out far more in claims than they have collected in premiums, resulting in annual losses to them of well over a million dollars each year. Against this background the City's Benefits Broker, Gallagher Benefits Services, Inc., solicited competitive bids from several major health insurance carriers. Of those, two came the closest to being the least expensive: Arkansas Blue Cross Blue Shield and United Health Care. HISTORY The City has experience with both insurance companies. It has a long history of having insurance with Blue Cross for the majority of the last 50+ years. United Health Care is the City's current health insurance carrier. The City has carried two types of plans with each company: PPO (Traditional) insurance and HDHP Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS (High Deductible insurance, which is less expensive) from which employees make a choice. The City switched from Blue Cross to United Health Care as of January 1, 2012 for financial reasons. The coverage and networks' are not identical but have been, generally speaking, comparable although the pharmacy foimulary (rules on what is covered for prescriptions) are more stringent and more subject to review with United Health Care than with the prior provider Blue Cross and Blue Shield of Arkansas. This is part of a strategy to keep phaiinacy costs down. Health Care Reform laws have changed the way wellness is handled, but the changes in wellness benefits covered, and amounts paid is caused by Health Care Reform requirements more than by the individual insurance company's rules on wellness coverage. There have been some employee complaints about the change from Blue Cross to United Health Care, and they have predominantly centered around the pharmacy formulary differences (a difference in the insurance companies' respective pricing contracts with the drug companies) and the wellness coverage (a difference caused by Health Care Reform laws which will apply regardless of carrier selected). There have likewise been some employee compliments about the change from Blue Cross to United Health Care from people's whose drug prices went down instead of up, etc. United Health Care does seem to have better online tools available for employees, such as an online tool for pricing medications and finding less expensive alternatives. The two companies were close in the PPO (Traditional) health insurance plan proposals, but were significantly different with regard to the HDHP (High Deductible) health insurance plan proposals. United Health Care was much less expensive in that regard. Still, the proposals from both involved increases in the double digits (well over 20% increases). The City thus sought and received numerous variations of Blue Cross' and United Health Care's competitive bids. Variables included different deductible configurations, different pharmacy formularies, etc. After all the variables were studied, United Health Care in the end was the least expensive, with an increase of 12.2% from current rates on the PPO health insurance and a decrease of -2.3% on the HDHP health insurance. Staff accordingly recommends that the City continue with United Health Care as its health insurer. SCOPE OF COVERAGE CHANGES: KEEPING THE RATES DOWN FROM DOUBLE DIGIT INCREASES Even with the City continuing with United Health Care, premiums as a whole will still be going up quite a bit. They would be in the double digits above the 20% range on the increases but for the City's decision to make some changes in the deductibles, co-insurance, and co-insurance maximums. Such changes will bring the premium increases down 8.3% (from the original proposed increase) on the PPO health insurance and down 24.8% (from the original proposed increase) on the HDHP health insurance. Put another way, the lowest proposal that the City could get, balanced against coverage changes that were acceptable, is an increase of 12.2% from current rates on the PPO health insurance and a decrease of -2.3% on the HDHP health insurance. Please refer to the attached rate comparison chart. 1 Although the networks have been comparable, the City recently received a letter from Northwest Health System warning of its intention to drop Blue Cross from its network effective August 19`h. The letter stated there were still negotiations but it portrayed the event as one that would occur unless negotiations changed things. This would mean that Northwest Medical Center in Springdale and Willow Creek Women's Clinic would no longer be in the Blue Cross network. A Northwest Health Center representative has stated to the City that there is no reason to believe it will drop out of the United Health Care network for 2013. 2 Even with the more stringent pharmacy requirements, between January and April of 2012 the health insurance paid out a total of $218,586 on pharmacy claims on the PPO policy. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS In order to get the lowest proposal, the changes to the insurance coverage from current coverage are: • The PPO deductible will change from $500 for individual coverage to $1,000 for individual coverage. • The PPO deductible will change from $1,000 for family coverage to $2,000 for family coverage. • The HDHP co-insurance coverage (coverage after the deductible is met) is changing from 100% to 80%. • The HDHP family deductible will change back to the non -embedded form the City had under the Blue Cross policy. This means that all the family members' claims have to add up to the $6,000 deductible before the co-insurance coverage begins. • The out-of-pocket maximums (maximum amounts employees can be liable for paying for covered items in a calendar year's time) increased. Please refer to the attached rate comparison chart. The above changes together created a savings of $400,898. (Please see attached chart) The above are the only changes. Other coverages will remain the same. Further, the City will maintain its contributions into Health Savings Accounts for employees on the High Deductible plan. Employees are able to use the money from these accounts to pay for medical expenses not paid for by the insurance. WELLNESS EFFORT INCENTIVES One set of variations the City carefully examined was a premium structure designed to provide incentives for employees to take responsibility for their own healthy practices. Statistically, City employees use health insurance at a much higher rate than the normal industry standard by which insurance companies price premiums. In other words, City employees as a group use their health insurance at an unusually higher rate than would be normally expected. Health insurance today is usually quoted to an employer assuming that employees will use it at the normal 82%-84% utilization rate3. The City's employee utilization rate, however, far exceeds that with a 114.39% utilization rate after just the first four months of 2012 (see attached chart). Anything over 100% means that medical payments have exceeded health insurance premiums that were collected. Obviously premiums will go up when more insurance is being used than is being paid for. Part of the answer may lie in the results from the City sponsored free health screenings that were provided on site last Spring for insured employees. Health screenings are one way to catch serious health problems before they become symptomatic (and more expensive to treat). Of the 685 insured employees eligible to participate in the free health screenings sponsored by the City, only 207 (30%) elected to do so. Of those that did, 73.4% were determined to be at risk for being overweight and obese (above the national average), 62.3% were detelinined to be at risk for high blood pressure, 53.4% were at risk for HDL Cholesterol, and 14% were at risk for hypertension. In the past there has been no financial incentive for City employees to take actions to try to stay healthy, thus reducing the need to use health insurance. In light of soaring health care costs, City employees' extremely high usage of the health insurance, and the high percentage of City employees who scored as "high risk" on the 3 Generally speaking there is a break even point for insurance companies. The permissible Medical Loss Ration (MLR) currently typically falls between the 82%-84% range in order for there to be profitability. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS health screenings, the City has decided to follow the example set by other employers who are trying to slow the growth of health insurance premiums by giving financial incentives to stay healthy. After careful examination of the possibilities, the City has opted to offer a three tier premium system for its employees to reward those who engage in proactive healthy practices. First, there will be a Regular insurance premium paid by employees. Second, there will be a Tobacco User's premium that is 5% higher than the Regular premium, which will be paid by employees who use tobacco or are insuring a dependent who use tobacco. Third, there will be a Wellness Program Participant discount that is 5% lower than the regular premium, for employees who participate in the City's Wellness Program. (Note: Employees who use tobacco and who aren't insuring a dependent who uses tobacco can still get a specially coded regular insurance premium rate by participating in the City's Wellness Program). A chart demonstrating the three tier premium program is attached. It is anticipated that City sponsored wellness program will include a wide variety of activities such as free health screenings; on site educational meetings where good nutrition, exercise/sports, etc. are introduced or taught; use of the free City employee gym or other gyms; on site weight watchers meetings or similar type meetings; various organized employee activities such as walks on Park Trails; and other programs developed in conjunction with a third party Wellness Program vendor (to be selected via competitive bidding through the Benefits Broker). APPORTIONMENT OF THE INCREASES The City is recommending that employees absorb 50% of the increased dollar costs, as has been the tradition in many past years. One reason for this is that the employees of Fayetteville pay an unusually small percentage of health insurance cost (7% of the cost for individual coverage and 14% of the cost for family coverage) compared to others who work for other governmental employers (see attached comparison chart). Second, these cost increases are in large part due to increased usage of medical services by employees and their families, as opposed to the nationwide trend of medical costs going up in general. The employees who get the Wellness Program Participant discount will obtain it by having their 5% discount covered by the City when it pays the insurance company. SUMMARY OF STAFF RECOMMENDATIONS: Staff recommends that Council approve renewal of the Datapath and Ace USA contracts, so that these same services will continue at no increased cost to the City. Staff recommends that Council approve the City's proposed United Health Care health insurance changes, as outlined above, for 2013. Staff also recommends that Council approve the employee wellness incentive premiums for 2013 as also outlined above. BUDGET IMPACT: These planned items are being budgeted for in the City's 2013 budget, subject to Council approval of the above. City staff and staff from the City's Benefits Broker, Gallagher Benefits Services, Inc., are available to answer any questions you may have. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Missy Leflar/Don Marr Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements N/A City Council Meeting Date Agenda Items Only Human Resources Division Action Required: kLXYC4In kSa L(O, Svi c e si atte,e},t_ Cia0,1„a tat1- I13-12_ Chief of Staff Department HR request Mayor Jordan's signature on routine Benefits documents -HIPPA Agreements, Protected Health Information, Carrier Applications - all necessary for the completion of the City Council Approved 2013 Benefits Program. No Cost Cost of this request Account Number Project Number Budgeted Item Category / Project Budget No Cost Program Category / Project Name Funds Used to Date Program / Project Category Name Not applicable Remaining Balance Fund Name Budget Adjustment Attached t'u *. 164% Dartment Director City Attorney 0-3) 7 Previous Ordinance or Resolution # Date Original Contract Date: eSou.312013 Original Contract Number: Date Finance and Internal Services Director Date Comments: 113-a Received in City 2^3 Clerk's Office _P12:34 RC D Received in Mayor's Office Revised January 15, 2009 Request for Group Insurance Amendment Standard Insurance Company 900 SW Fifth Avenue Portland, OR 97204-1282 Employee Benefits Consultant: Ryan Herrman Employee Benefits Service Representative: Sherri Borgmeyer Employee Benefits Sales and Service Office: Kansas City Employer Name: City of Fayetteville Group Number: 148264 As an authorized representative of the Employer, I request that Standard Insurance Company ("The Standard") amend the above Employer's coverage under the Group Policy to make the following change(s): Amend the definition of a Spouse to include Domestic Partners. I request that the amendment become effective on January 1, 2012. I understand that the amendment will not become effective unless approved and issued by The Standard. I request that the amendment be approved by The Standard subject to The Standard's usual underwriting requirements, including, if applicable, Evidence of Insurability or a Pre-existing Condition provision. I understand that the amendment, if approved by The Standard, will be issued in the policy language customarily used by The Standard. I understand that any increase in Insurance for a Member who is not Actively At Work all day on the Member's last regular work day before the scheduled effective date of the amendment will be deferred until the first day after the Member completes one full day of Active Work. I request that the amendment, if approved and issued by The Standard, become effective by its terms without any further acceptance by the Employer, and that a copy of this Request for Group Insurance Amendment form be attached to and made a part of the amendment. Sign Nam Print Name: A entative // Title: Date: 1 3// l Standard Online Amendment Request 12/28/2012 2:35 PM A Superior vsion® May 15, 2013 Ms. Missy Leflar Human Resources Director City of Fayetteville, Arkansas 113 West Mountain Fayetteville, AR 72701 Our Members. Our Mission. RE: Executed Originals of Group Vision Application and Business Associate Agreement Ms. Leflar, Your letter requesting fully executed copies of the original signed Group Vision Application and Business Associate Agreement was sent to my attention for processing. Enclosed are the fully executed original documents. We already have the executed copies on file from when they were received and returned via email, but will also retain copies of these fully executed originals in our files. Yours in Superior Service, IS' Scott Austin Compliance Coordinator Superior Vision Services, Inc. Enclosures cc: Nikky Hill, Gallagher Benefit Services, Inc. Janice Nadolski, Superior Vision Services, Inc. Pam Woodward, Superior Vision Services, Inc. Roxanne Koopman, Superior Vision Services, Inc. 11101 White Rock Road A Rancho Cordova, CA 95670 • Tel 800-923-6766 • Fax 916-852-2290 BUSINESS ASSOCIATE AGREEMENT THIS BUSINESS ASSOCIATE AGREEMENT is made and entered into as of the 1s` day of January, 2013 by and between Superior Vision Services, Inc. ("Business Associate") and City of Fayetteville ("Client Group"). RECITALS Whereas, the parties desire to enter into an agreement to ensure compliance with the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the Health Information Technology for Economic and Clinic Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009 (the "HITECH Act"), and regulations promulgated from time to time there under (the "Privacy/HITECH Rules"). AGREEMENT ACCORDINGLY, the parties hereby agree as follows: Effective Date: This Agreement shall become effective as of the date referenced above. Defined Terms: Unless otherwise indicated in this Agreement, all capitalized terms shall have the meanings provided therein or in Section 8 below, or as provided in HIPAA, the HITECH Act, and/or the Privacy/HITECH Rules. Business Associate Assurances: Business Associate warrants and agrees as follows: (a) Use and Disclosure of Protected Health Information ("PHI") for Purposes of the Underlying Agreement: Business Associate may use or disclose PHI received from Client Group: (i.) to perform functions, activities, or services for, or on behalf of Client Group provided that such use or disclosure would not violate HIPAA and/or the HITECH Act if made by Client Group as a Covered Entity; or (ii.) as required or permitted by applicable law, rule, regulation, or regulatory agency. (b) Other Permitted Uses and Disclosures of PHI: In addition to the above, Business Associate may: (i.) use PHI, if necessary, for purposes of its own management and administration or to carry out its legal responsibilities. (ii.) disclose PHI, if necessary, if the following requirements are met: (A.) the disclosure is required by law; or (B.) Business Associate obtains reasonable assurances from the party to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the PHI has been breached, consistent with the standards of 45 C.F.R. § 504(e)(4)(ii). (iii.) use PHI to provide Data Aggregation services to Client Group as permitted by HIPAA and/or the HITECH Act. Business Associate shall not use or disclose PHI for any other purpose not described above. (c.) Minimum Necessary Disclosure: When disclosing PHI as permitted under the Underlying Agreement, Business Associate shall disclose only the minimum PHI necessary for the recipient to perform the functions or services for which it is disclosed. (d.) Adequate Safeguards for PHI: Business Associate shall maintain appropriate administrative, technical and physical safeguards and security measures to prevent use or disclosure of any PHI, other than permitted or required by this Agreement or as authorized in writing by Client Group. Business Associate will implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of Electronic Protected Health Information that Business Associate creates, receives, maintains, or transmits on Client Group's behalf as required by the Security Rule and the HITECH Act (and any current and future regulations promulgated under HIPAA or the HITECH Act). (e.) Reporting: Business Associate shall report to Client Group within five (5) business days, any use or disclosure of PHI in violation of this Agreement or the Privacy/HITECH Rules, of which Business Associate becomes aware or any "Breach of Unsecured Protected Health Information" as these terms are defined by the HITECH Act and any implementing regulations. Business Associate shall (i.) identify the nature of the Breach, unauthorized use or disclosure; (ii.) identify the PHI used or disclosed; (iii.) identify who made the unauthorized use or received the unauthorized disclosure; (iv.) identify what Business Associate has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure; (v.) identify what corrective action Business Associate has taken or shall take to prevent future similar unauthorized use or disclosure; and (vi) provide such other information, including a written report, as reasonably requested by Client Group. (f.) Security Incidents: Business Associate will report to Client Group any unauthorized: (i.) Access, use, disclosure, modification, or destruction of Client Group's Electronic Protected Health Information of which Business Associate becomes aware; or (ii.) Interference with system operations in Business Associate's Information Systems involving Client Group's Electronic Protected Health Information of which Business Associate becomes aware. Business Associate will cooperate with Client Group in investigating the Breach and in meeting Client Group's obligations under the HITECH Act and any other security breach notification laws. Any such report shall include the identification (if known) of each individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such Breach. Business Associate shall indemnify and hold harmless Client Group for all costs associated with the Breach and in meeting Client Group's obligations under the HITECH Act and any other security breach notification laws (and regulations promulgated thereunder) if the Breach was caused or permitted by Business Associate's acts or omissions or the acts or omissions of Business Associate's agents, officers, employees or subcontractors. (g.) Return or Destruction of PHI: As promptly as possible, but not later than thirty (30) days after the effective date of the termination of this Agreement for any reason, Business Associate will return to Client Group or destroy all PHI in whatever form or medium. Within such thirty (30) days, Business Associate will certify in writing to Client Group that such return or destruction has been completed, or if return or destruction is not feasible, written justification explaining why such PHI could not be returned or destroyed. If it is not feasible to return or destroy PHI, Business Associate shall continue to extend the protections of this Agreement to such PHI, and limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. (h.) Breach/Termination: If Client Group determines that Business Associate has breached a material term of this Agreement, Client Group may terminate the Agreement immediately upon written notice to Business Associate. If termination is not feasible, Client Group has the right to report the problem to the Secretary of the U.S. Department of Health and Human Services and/or Office of Civil Rights. (i.) Accounting/Tracking: To the extent required by the Privacy/HITECH Rules, Business Associate shall keep an accounting of information regarding all disclosures of PHI that it makes, and make such information available to Client Group or to the individuals who are the subject of the PHI upon written direction from Client Group. Such an accounting shall not be necessary if the disclosure was for purposes of "payment" or "health care operations" as defined in HIPAA, the HITECH ACT and/or the Privacy/HITECH Rules. (j.) Access to Books and Records: Business Associate shall make its internal practices, books, and records relating to the use and disclosure of PHI available to the Secretary of the United States Department of Health and Human Services (the "Secretary") for purposes of determining Client Group's compliance with the Privacy/HITECH Rules. Business Associate shall immediately 2 notify Client Group of any requests made by the Secretary and/or the Secretary's authorized representatives related to Client Group or the Services provided under the Underlying Agreement, and provide Client Group with copies of any documents produced in response to such request. (k.) Access to and Amendment of PHI: To the extent that the parties mutually agree in writing that the PHI disclosed to Business Associate pursuant to the Underlying Agreement is part of a Designated Record Set, as defined in 45 C.F.R. § 164.501, and that such Designated Record Set (or a portion thereof) is to be maintained by Business Associate, Business Associate shall: (i.) make the PHI specified by Client Group available to individual(s) identified by Client Group as being entitled to access and copy such PHI, and (ii.) make PHI available to Client Group for the purpose of amendment and incorporating such amendments into the PHI. Business Associate shall provide such access and incorporate such amendments within the time and in the manner specified by Client Group and shall make such information available in an electronic format where directed by Client Group. (l.) Use of Subcontractors and Agents: Business Associate shall require each of its agents and subcontractors that receive PHI from Business Associate to execute a written agreement obligating the agent or subcontractor to comply with all the terms of this Agreement. (m.) Indemnification: Business Associate shall defend, indemnify, and hold Client Group, its parent, subsidiaries, affiliates, fiduciaries and each of their officers, directors, employees and agents harmless from any and all claims, causes of action, suits, demand, liability, damages, awards, judgments, fines, penalties, and costs (including reasonable attorneys fees) arising out of any disclosure or use of PHI by Business Associate, its agents, employees, or contractors in violation of this Agreement. 4. Automatic Amendment: Upon the effective date of any amendment to the Privacy/HITECH Rules, this Agreement will be automatically amended to be consistent with such regulations. 5. De -Identified Health Information: Business Associate may use or disclose "de -identified information" (as defined in 45 C.F.R. § 164.514(b) collected or otherwise provided under the Agreement provided such use and/or disclosure is in compliance with the Privacy/HITECH Rules and the Underlying Agreement. 6. Limited Data Set: Business Associate's use, disclosure or request of Protected Health Information shall utilize a Limited Data Set if practicable. 7. Miscellaneous: If any state law imposes more stringent privacy requirements with regard to PHI on the parties than that provided by HIPAA and/or the HITECH Act, then state law shall govern the conduct of the respective parties. 8. Definitions: As used herein, the terms below shall have the following meanings: (a.) "Covered Entity" means a health care organization, including all health plans, all healthcare clearing houses, and those healthcare providers that transmit health information in electronic form in connection with certain common, health care related transactions that are subject to regulation under HIPAA and/or the HITECH Act, including without limitation, 45 C.F.R. § 160. (b.) "Protected Health Information" or "PHI" means information, including demographic information, that (i.) relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; and (ii.) identifies the individual (or for which there is a reasonable basis for believing that the information can be used to identify the individual. (c.) "Use" or "Uses" means, with respect to Protected Health Information, the sharing, employment, application, utilization, examination or analysis of such Protected Health Information within the Business Associate's internal operations. (d.) "Disclose" and "Disclosure" means, with respect to Protected Health Information, the release, transfer, provision of access to, or divulging in any other manner of Protected Health Information outside Business Associate's internal operations or to other than its employees. This Agreement may be executed in counterparts which, when combined, shall constitute the entire agreement among the parties. K1 IN WITNESS WHEREOF, the parties have duly executed this Business Associate Agreement on the date first written above. Superio V' ' n Services, Inc. By: Name: Kimberley Hess Its: Sr. Vice President Operations M City of Eayettevill . By <-- Name: IDtJ€I:f i Ai Its: NATIONAL GUARDIAN LIFE INSURANCE COMPANY GROUP VISION APPLICATION Administered by: Superior Vision Services, Inc. Superior Vision - 11101 White Rock Road, Suite 150 OurM ben. Our Misriau. Rancho Cordova, CA 95670 Group Effective Date: January 1, 2013 Group No. 30764 Legal Group Name City of Fayetteville Tax ID Number 71-6018462 Physical Address 113 West Mountain ERISA Number N/A City \ State \ Zip Fayetteville, AR 72701 SIC \ Industry Billing Address 113 West Mountain # of Employees City \ State \ Zip Fayetteville, AR 72701 # of Eligible Eligibility Contact Missy Leflar Billing Contact Patricia Leach Initial Premium Rates: Employee Employee + Only $ 6.30 Spouse $ 12.20 Municipality $ear 6 SS Phone (479) 575-8298 Fax (479) 718-7698 Phone (479) 575-8Z9S Sv255 Fax (479) 718-₹ = `2;3 Employee + Employee + Child(ren) $ 12.20 Family $ 17.94 Initial Guarantee Period: Premiums are not guaranteed beyond the below date. January 1, 2013 through December 31, 2016 Eligibility data will be submitted using: ❑ National Guardian enrollment forms Email or electronic media (Employer must keep signed enrollment forms on file for future reference.) Eligibility: gEmployees working ,$ hours per week will be effective for coverage upon: ®-3@ ays ❑ L119060 Days 90 Days Eh1st of the month following ,1 days ❑ Other Eligible Dependents include: Legal Spouse, Domestic Partner (WYes o) and Children under the age of 26 years old regardless of marital or student status. Participation: Depending on group size and coverage elected, specific participation requirements may apply. Participation must be met before the insurance can be effective and must be maintained continuously while insurance is in force to prevent cancellation of coverage. I understand and agree that audits will be made by National Guardian Life Insurance Company now and in the future to verify the number and names of employees of this group. I will furnish with application and upon any future request any other information requested. Please send Membership Materials and Enrollment Materials to (CHECK ONE): ,Group Attn: M1 5 a .d tr Phone (4 $ � ;12 1 � Email yYl e f, r L/,iixef1--e;�f lle.d r (: s ❑ Agent .�µt5 iS ft.TRicEovi= . 1NPhone E Into Email N 2of r lU L 2c I hereby certify that the information provided herein is true and complete to the best of my knowledge and that I have read and understand this form. The information contained herein describes the essential provisions of the elected coverage(s) discussed between the above client and an authorized National Guardian Life Insurance Co. representative. By signing this form, both parties agree that these are the essential provisions the client is purchasing. The details of this form may be changed by either party with mutual agreement. WARNING: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and may subject such person to criminal and civil penalties. /-Th Signed: Print Nar National NVI/NDN GRP APP 04/06 AR 20060808 See reverse side Agent Tax I.D. # Jacob Salinas 36-4291971 Agency Phone Gallagher Benefit Services, Inc. Address Fax 1650 East Battlefield, Suite 210 City/State/Zip Email Springfield, MO 65804 National Guardian Life Insurance Company appointment on file: ❑ Yes ® No ❑ Pending ❑ N/A NVI/NDN GRP APP 04/06 AR 20060808 See reverse side BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ("Agreement") is entered into on this 3 15--p day of 1, , c j (the "Effective Date"), by and between The City of Fayetteville, Arkansas on behalf of the City of Fayetteville Group Health Plan ("City") and Gallagher Benefit Services, Inc. ("Business Associate"). RECITALS: WHEREAS, City and Business Associate mutually desire to outline their individual responsibilities with respect to the use and/or disclosure of Protected Health Information ("PHT') as mandated by the Privacy Rule promulgated under the Administrative Simplifications subtitle of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") including all pertinent regulations issued by the U.S. Department of Health and Human Services as outlined in 45 C.F.R. Parts 160, 162 and 164; ("HIPAA Privacy Rules and/or Security Standards")and WHEREAS, City and Business Associate understand and agree that the HIPAA Privacy Rules and Security Standards requires the City and Business Associate enter into a Business Associate Agreement which shall govern the use and/or disclosure of PHI and the security of PHI and ePHI. NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. When used in this Agreement and capitalized, the following terms have the following meanings: (a) "Breach" shall mean the unauthorized acquisition, access, use, or disclosure of PHI which compromises the security or privacy of such information. However, the term 'breach' shall not include (1) any unintentional acquisition, access, or use of PHI by an employee or individual acting under the authority of a City or business associate if such acquisition, access, or use was made in good faith and within the course and scope of the employment or other professional relationship of such employee or individual, respectively, with the City or business associate; and such information is not further acquired, accessed, used, or disclosed by any person; or (2) any inadvertent disclosure from an individual who is otherwise authorized to access protected health information at a facility operated by a City or business associate to another similarly situated individual at same facility; and (3) any such information received as a result of such disclosure is not further acquired, accessed, used, or disclosed without authorization by any person. (b) "Electronic Protected Health Information" or "ePHI" shall mean Protected Health Information transmitted by electronic media or maintained in electronic media. (c) "Individual" shall have the same meaning as the term "Individual" in 45 C.F.R. §164.103 and shall include a person who qualifies as a personal representative in accordance with 45 C.F.R. § 164.502(g). (d) "Privacy Rule" shall mean the Standards for Privacy of Individual Identifiable Health Information as set forth at 45 C.F.R. Parts 160 and 164 Subparts A and E. (e) "Protected Health Information" or "PHT' shall have the same meaning as the term "protected health information" in 45 C.F.R. § 160.103, limited to the information created or received by Business Associate from or on behalf of City. (f) "Required by Law" shall have the same meaning as the term "required by law" in 45 C.F.R. § 164.103. (g) "Secretary" shall mean the Secretary of the Department of Health and Human Services or his or her designee. (h) "Security Incident" shall mean any attempted or successful unauthorized access, use, disclosure, modification or destruction of information or systems operations in an electronic information system. (i) "Security Rule" shall mean the Standards for Security of PHI, including ePHI, as set forth at 45 C.F.R. Parts 160 and 164 Subpart C. (j) "Unsecured Protected Health Information" shall mean protected health information that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary. Terms used but not defined in this Agreement shall have the same meaning as those terms in the HIPAA regulations. 2. Obligations and Activities of Business Associate Regarding PHI. (a) Business Associate agrees to not use or further disclose PHI other than as permitted or required by this Agreement or as Required by Law. (b) Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the PHI other than as provided for by this Agreement. (c) Business Associate agrees to ensure that any agents, including sub- contractors (excluding entities that are merely conduits), to whom it provides PHI agree to the same restrictions and conditions that apply to Business Associate with respect to such information. Page 2 of 9 (d) Business Associate agrees to provide access, at the request of City, and in a reasonable time and manner designated by City, to PHI in a Designated Record Set that is not also in City's possession, to City in order for City to meet the requirements under 45 C.F.R. § 164.524. (e) Business Associate agrees to make any amendment to PHI in a Designated Record Set that the City directs or agrees to pursuant to 45 C.F.R. § 164.526 in a reasonable time and manner designated by City. (f) Business Associate agrees to make internal practices books and records relating to the use and disclosure of PHI available to the Secretary, in a reasonable time and manner as designated by the City or Secretary, for purposes of the Secretary determining City's compliance with the Privacy Rule. Business Associate shall immediately notify City upon receipt or notice of any request by the Secretary to conduct an investigation with respect to PHI received from the City. (g) Business Associate agrees to document any disclosures of PHI that are not excepted under 45 C.F.R. § 164.528(a)(1) as would be required for City to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. § 164.528. (h) Business Associate agrees to provide to City or an Individual, in a time and manner designated by City, information collected in accordance with paragraph (g) above, to permit City to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. § 164.528. (i) Business Associate agrees to use or disclose PHI pursuant to the request of City; provided, however, that City shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by City. 3. Permitted Uses and Disclosures of PHI by Business Associate. (a) Business Associate may use or disclose PHI to perform functions, activities or services for, or on behalf of, City provided that such use or disclosure would not violate the Privacy Rule if done by City. (b) Business Associate may use PHI for the proper management and administration of Business Associate and to carry out the legal responsibilities of Business Associate. Page 3 of 9 (c) Business Associate may disclose PHI for the proper management and administration of Business Associate and to carry out the legal responsibilities of Business Associate if: (i) such disclosure is Required by Law, or (ii) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that such information will remain confidential and used or further disclosed only as Required by Law or for the purposes for which it was disclosed to the person, and the person agrees to notify Business Associate of any instances of which it is aware that the confidentiality of the information has been breached. (d) Business Associate shall limit the PHI to the extent practicable, to the limited data set or if needed by the Business Associate, to the minimum necessary to accomplish the intended purpose of such use, disclosure or request subject to exceptions set forth in the Privacy Rule. (e) Business Associate may use PHI to provide Data Aggregation services to City as permitted by 42 C.F.R. § 164.504(e)(2)(i)(B). 4. Obligations of City Regarding PHI. (a) City shall provide Business Associate with the notice of privacy practices that City produces in accordance with 45 C.F.R. § 164.520, as well as any changes to such notice. (b) City shall provide Business Associate with any changes in, or revocation of, authorization by an Individual to use or disclose PHI, if such changes affect Business Associate's permitted or required uses and disclosures. (c) City shall notify Business Associate of any restriction to the use or disclosure of PHI that City has agreed to in accordance with 45 C.F.R. § 164.522, if such restrictions affect Business Associate's permitted or required uses and disclosures. (d) City shall require all of its employees, agents and representatives to be appropriately informed of its legal obligations pursuant to this Agreement and the Privacy Rule and Security Standards required by HIPAA and will reasonably cooperate with Business Associate in the performance of the mutual obligations under this Agreement. Page 4 of 9 5. Security of Protected Health Information. (a) Business Associate has implemented policies and procedures to ensure that its receipt, maintenance, or transmission of all protected health information ("PHP'), either electronic or otherwise, on behalf of City complies with the applicable administrative, physical, and technical safeguards required protecting the confidentiality, availability and integrity of PHI as required by the HIPAA Privacy Rules and Security Standards. (b) Business Associate agrees that it will ensure that agents or subcontractors agree to implement the applicable administrative, physical, and technical safeguards required to protect the confidentiality, availability and integrity of PHI as required by HIPAA Privacy Rules and Security Standards. (c) Business Associate agrees to report to City any Security Incident (as defined 45 C.F.R. Part 164.304) of which it becomes aware. Business Associate agrees to report the Security Incident to the City as soon as reasonably practicable, but not later than 10 business days from the date the Business Associate becomes aware of the incident. (d) Business Associate agrees to establish procedures to mitigate, to the extent possible, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of this Agreement. (e) Business Associate agrees to immediately notify City upon discovery of any Breach of Unsecured Protected Health Information (as defined in 45 C.F.R. § 164.402 and 164.410) and provide to City, to the extent available to Business Associate, all information required to permit City to comply with the requirements of 45 C.F.R. Part 164 Subpart D. (f) City agrees and understands that the City is independently responsible for the security of all PHI in its possession (electronic or otherwise), including all PHI that it receives from outside sources including the Business Associate. 6. Term and Termination. (a) Term. This Agreement shall be effective as of the Effective Date and shall remain in effect until the Business Associate relationship with the City is terminated and all PHI is returned, destroyed or is otherwise protected as set forth in Section 6(d). Page 5 of 9 (b) Termination for Cause by City. Upon City's knowledge of a material breach by Business Associate, City shall provide an opportunity for Business Associate to cure the breach. If Business Associate does not cure the breach within 30 days from the date that City provides notice of such breach to Business Associate, City shall have the right to immediately terminate this Agreement and the underlying services agreement between City and Business Associate. (c) Termination by Business Associate. This Agreement may be terminated by Business Associate upon 30 days prior written notice to City in the event that Business Associate, acting in good faith, believes that the requirements of any law, legislation, consent decree, judicial action, governmental regulation or agency opinion, enacted, issued, or otherwise effective after the date of this Agreement and applicable to PHI or to this Agreement, cannot be met by Business Associate in a commercially reasonable manner and without significant additional expense. (d) Effect of Termination. Upon termination of this Agreement for any reason, at the request of City, Business Associate shall return or destroy all PHI received from City, or created or received by Business Associate on behalf of City. Business Associate shall not retain any copies of the PHI unless necessary for proper document retention/archival purposes only or if such PHI is stored as a result of backup email systems that store emails for emergency backup purposes. If the return or destruction of PHI is infeasible, Business Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI. 7. Amendment. The parties may agree to amend this Agreement from time to time in any other respect that they deem appropriate. This Agreement shall not be amended except by written instrument executed by the parties. 8. Indemnification. Business Associate shall indemnify and hold harmless City from and against any and all costs, expenses, claims, demands, causes of action, damages, attorneys' fees and judgments that arise out of or that may be imposed upon, incurred by, or brought against City to the extent directly resulting from a breach of this Agreement or any violation of the Privacy Rule or other applicable HIPAA regulations by Business Associate. The indemnification obligations provided for in this Section will commence on the effective date of this Agreement and will survive its termination. Page 6 of 9 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. 9. Severability. The parties intend this Agreement to be enforced as written. However, (i) if any portion or provision of this Agreement is to any extent declared illegal or unenforceable by a duly authorized court having jurisdiction, then the remainder of this Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, will not be affected thereby, and each portion and provision of this Agreement will be valid and enforceable to the fullest extent permitted by law; and (ii) if any provision, or part thereof, is held to be unenforceable because of the duration of such provision, the City and the Business Associate agree that the court making such determination will have the power to modify such provision, and such modified provision will then be enforceable to the fullest extent permitted by law. 10. Notices. All notices, requests, consents and other communications hereunder will be in writing, will be addressed to the receiving party's address set forth below or to such other address as a party may designate by notice hereunder, and will be either (i) delivered by hand, (ii) made facsimile transmission, (iii) sent by overnight courier, or (iv) sent by registered mail or certified mail, return receipt requested, postage prepaid. If to the City: City of Fayetteville Missy Leflar Human Resources Director 113 W Mountain Fayetteville, AR 72701 If to the Business Associate: Gallagher Benefit Services, Inc. Jacob Salinas Sr. Benefit Consultant 1650 E Battlefield, Ste 210 Springfield, MO 65804 Page 7 of 9 11. Regulatory References. A reference in this Agreement to a section in the Privacy Rule means the referenced section or its successor, and for which compliance is required. 12. Headings and Captions. The headings and captions of the various subdivisions of the Agreement are for convenience of reference only and will in no way modify or affect the meaning or construction of any of the terms or provisions hereof. 13. Entire Agreement. This Agreement sets forth the entire understanding of the parties with respect to the subject matter set forth herein and supersedes all prior agreements, arrangements and communications, whether oral or written, pertaining to the subject matter hereof. 14. Binding Effect. The provisions of this Agreement shall be binding upon and shall inure to the benefit of both Parties and their respective successors and assigns. 15. No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, will operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto will not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement will entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand. The terms and provisions of this Agreement may be waived, or consent for the departure therefrom granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will be deemed to be or will constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether or not similar. Each such waiver or consent will be effective only in the specific instance and for the purpose for which it was given, and will not constitute a continuing waiver or consent. 16. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Arkansas. Page 8 of 9 17. Interpretation. It is the Parties' intent to comply strictly with all applicable laws, including without limitation, HIPAA, state statutes, or regulations (collectively, the "Regulatory Laws"), in connection with this Agreement. In the event there shall be a change in the Regulatory Laws, or in the reasoned interpretation of any of the Regulatory Laws or the adoption of new federal or state legislation, any of which are reasonably likely to materially and adversely affect the manner in which either Party may perform or be compensated under this Agreement or which shall make this Agreement unlawful, the Parties shall immediately enter into good faith negotiations regarding a new arrangement or basis for compensation pursuant to this Agreement that complies with the law, regulation or policy and that approximates as closely as possible the economic position of the Parties prior to the change. In addition, the Parties hereto have negotiated and prepared the terms of this Agreement in good faith with the intent that each and every one or the terms, covenants and conditions herein be binding upon and inure to the benefit of the respective Parties. To the extent this Agreement is in violation of applicable law, then the Parties agree to negotiate in good faith to amend this Agreement, to the extent possible consistent with its purposes, to conform to law. IN WITNESS WHEREOF, the parties have executed this Business Associate Agreement as of the Effective Date. BUSINESS ASSOCIATE: R BAIT SERVICES, INC. By:_ Name: Title: CITY: N e• Title: Page 9 of 9 APPENDIX II Summary Plan Document (SPD) Amendment City of Fayetteville Cafeteria Plan December, 2012 By signing below the City of Fayetteville ("Employer") hereby adopts the following Amendments to its Cafeteria Plan Summary Plan Document: 1. Over the counter drugs may only be reimbursed under Flexible Spending Account and Health Savings Account plans as permitted by Internal Revenue Service and other federal regulations. 2. Grace Periods: Claims may be filed for Flexible Spending Account and Health Savings Account reimbursements for a given calendar year either during that same calendar year during which the qualified expense was incurred or during the Grace Period. "Grace Period" is defined as from January 1St the last day of March in the subsequent calendar year or the time limit allowed by law, whichever is shorter. Unused funds present in the FSA as of April 1St shall be forfeited. 3. Employees on formally certified, continuous (as opposed to intermittent) Family and Medical Leave Act leave, who have the required paperwork on file in Human Resources, may make arrangements through Human Resources discontinue the employee's contributions into his/her Flexible Spending Account to the extent required by law. 4. The maximum annual reimbursement allowed under the Flexible Spending Accounts, Health Savings Accounts, and Dependent Care Accounts shall mirror that set by applicable federal law. 5. Eligibility requirements shall be amended to exclude employees who are regularly scheduled to work fewer than 30 hours a week. i eld Jordan D to Mayor