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HomeMy WebLinkAboutR-2004-169 Fisher Consulting Group, LLC AgreementRESOLUTION NO. R 2004 -169 A RESOLUTION authorizing and directing the City Manager to execute a benefits broker and consulting agreement between the City of Yakima and Fisher Consulting Group, LLC for professional assistance with the administration of the City of Yakima Employee Health and Welfare Program. WHEREAS, the City requires professional assistance with the administration of its Employee Health and Welfare Program, including rate calculation and brokerage service; and WHEREAS, Fisher Consulting Group, LLC has the experience and expertise necessary to provide the required professional services and is willing to do so in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached agreement with Fisher Consulting Group, LLC for assistance with the administration of the City of Yakima Employee Health and Welfare Program, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Benefits Broker and Consulting Agreement" with Fisher Consulting Group, LLC for professional assistance with the administration of the City of Yakima Employee Health and Welfare Program. ADOPTED BY THE CITY COUNCIL this 2nd day of November, 2004. ATTEST: City Clerk Paul P. George, Mayor Benefits Broker and Consulting Agreement This Consulting Agreement, hereinafter referred to as "Agreement" is between The City of Yakima, a Washington municipal corporation hereinafter referred to as "the City" and Fisher Consulting Group, a Washington limited liability company hereinafter referred to as "Broker." WHEREAS, The City wishes to obtain the assistance of Broker with strategic benefit planning, design, funding, administration, and communication with respect to its employee benefit programs; WHEREAS, Broker has advanced knowledge and prior experience and expertise in assisting the City of Yakima with designing and servicing the City of Yakima Employee Health & Welfare Program; and WHEREAS, the parties wish to set forth their respective expectations; Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the parties hereby agree as follows: 1. Scope of Services to be Provided by Broker Broker will provide the City with consulting, rate calculation and brokerage services for the following compensation and benefit programs listed below: • Medical (including retirees) • Prescription Drugs • Dental • Vision • Short Term Disability/Salary Continuation • Long Term Disability • Group Life Insurance • Voluntary benefits • Flexible Spending Accounts A. Strategic Benefit Planning. Broker will provide assistance in developing overall plan benchmarks and targets to ensure that the plan(s) meets the objectives of the City and its employees. B. Benefit Design. Broker will help to ensure that benefit designs are consistent with the strategic benchmarks and targets set forth in the strategic planning process developed by the City's Employee Benefits Board. C. Administration. Broker will identify core administrative services, assess vendor performance, and manage vendor relationships to provide appropriate program administration. Services will also include the management of an agreement between the City and its third party administrator. D. Funding. Broker will advise and counsel regarding program funding alternatives, mcludmg review fee proposals, recommend budget rates, employee contribution rates, and COBRA rates; select and procure appropriate stop loss terms; and monitor program costs against expectations. E. Communication. Broker will assist in drafting employee communications regarding benefit program performance and changes, assist in the review of plan documents and insurance certificates during the planning and enrollment process, and produce the Program's Annual Report to Council in a timely manner. 1 F. Compliance Tools & Legislative Information. Broker will provide informational materials on legislative developments impacting employee benefit plans, mcludmg access to online reference tools on topics such as FMLA, COBRA, HIPAA, HIPAA Privacy, and Section 125. G. Meetings with the City and Vendors. Services will include attendance at and facilitation of regular meetings with the City and vendors as needed to facilitate program management including day-to-day operations and planning program changes. • Broker shall meet with the City's Employee Benefits Board on a regular basis to review all activities performed by Broker. The meetings will include discussion of vendor performance concerns, mcludmg presentations of options and recommendations. • Broker shall meet with the City HR Division, City Manager and City Council as assigned to discuss the program, state of the marketplace, progress made toward strategic plan, and developments within the City's organization. • Broker shall meet with the City Manager annually to review the health plan financial report for the year, present the annual stop -loss renewal, and agree upon renewal of Broker's fees for the next contractual period, if necessary. H. Day -to -Day Administrative Issues. Broker shall provide assistance in the daily administration of programs, including resolution of vendor service issues and addressing questions and concerns raised by the City's employees and management. I. Stewardship Report. Broker will report to the City's Employee Benefits Board as assigned and facilitate the annual flow of information required by the State Risk Manager for program audit purposes. J. Data Analysis. Upon receipt of acceptable claims data, Broker will provide the City with a summary health plan management report analyzing health care claims paid during the previous reporting period b) an online plan modeling tool that evaluates the impact of plan design changes before they are implemented. Broker may analyze health care claims data and provide Internet - based data analysis tools on an annual basis for an additional fee if requested by the City. 2. Disclosure and Record Keeping A. Full Disclosure. The City has the right to approve any arrangements and/or the utilization of any intermediaries in connection with, or arising out of, or in any way related to the City's benefits plans and management program. Broker must seek approval from City prior to the use of any of the above in connection with the City's Benefits Programs included under this Agreement. B. Record Keeping. Broker will maintain accurate and current files mcludmg, but not limited to, insurance policies and correspondence with insurers or vendors in accordance with industry standard record retention practice or as otherwise directed by the City. 3. Term & Termination A. Term. The initial term of this Agreement shall be two years, commencing on January 1, 2005 and ending December 31, 2006 ("Initial Term"). Thereafter, the Agreement may be renewed for one additional two-year term upon request by the City. B. Termination. This Agreement may be terminated by either party only as follows: a) Effective upon thirty (30) days advance written notice to the other party stating that such other party is in breach of any of the provisions of this Agreement, provided such breach (if able to be cured) is not cured within fifteen (30) days after the notice is received; 2 b) effective upon sixty (60) days advance written notice to the other party given with or without reason; or c) By mutual written agreement of the parties. 4. Cost of Services Broker's professional compensation is based upon a quarterly retainer of $2,125.00 and commissions paid by the City for insurance policies covering the benefit plans included in this Agreement. The City agrees to pay Broker compensation as outlined in Exhibit 1. Commissions are payable as earned from insurers and Broker agrees to submit an invoice to the City on a quarterly basis for the retainer. Additional programs and services may be provided on a project basis for an additional fee to be disclosed m writing and shall be undertaken upon mutual agreement between Broker and the City. Such programs and services may include, but not be limited to, retiree medical plans, special employee surveys, online claims utilization analysis, and long-term care insurance as directed by the City. 5. Personnel Broker will assign its personnel according to the needs of the City and according to the disciplines required to complete the appointed tasks m a professional manner. Broker retains the right to substitute personnel with reasonable cause. The Account Management Team consists of the following individuals: Primary Service Team. Daniel W. Fisher - Consultant and Broker Katherine A Rheaume — Senior Account Manager Additional Personnel: Edward E. Haines - Consultant 6. The City's Responsibilities The City will make available such reasonable information as required for Broker to conduct its services. Such data will be made available as promptly as possible. It is understood by Broker that the time of the City's personnel is limited, and judicious use of that time is a requirement of this Agreement. The City will make timely payments of the retainer as set forth elsewhere in this Agreement. 7. Records and Information Broker understands and agrees to limit its use and disclosure of protected health information as described in Exhibit 2. 8. Independent Contractor. It is understood and agreed that Broker is engaged by the City to perform services under this Agreement as an independent contractor. Broker and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security and/or retirement. Broker shall use its best efforts to follow written, oral, or electronically transmitted (i.e., sent via facsimile or e-mail) instructions from the City Manager, Finance Department, and Human Resources Division as to policy and procedure. 3 9. Fiduciary Responsibility. The City acknowledges that: (i) Broker shall have no discretionary authority or discretionary control respecting the management of any of the employee benefit plans; (ii) Broker shall exercise no authority or control with respect to management or disposition of the assets of the City's employee benefit plans; and (iii) Broker shall perform services pursuant to this Agreement in a non -fiduciary capacity. The City agrees to notify Broker as soon as possible of any proposed amendments to the plans' legal documents to the extent that the amendments would affect Broker in the performance of its obligations under this Agreement. The City agrees to submit (or cause its agent, consultants, or vendors to submit) all information in its (or their) control reasonably necessary for Broker to perform the services covered by this Agreement. 10. Taxes and Assessments. Broker shall be solely responsible for compensating its employees and for paymg all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Broker shall pay the same before it becomes due 11. Nondiscrimination Provision. During the performance of this Agreement, Broker shall not discriminate on the basis of race, age, color, sex, rehgion, national ongm, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 12. Compliance with Law. Broker agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Broker, at its own cost, shall obtain and maintain at all times while this Agreement is in effect all licenses, permits and certificates required by state or federal law to enable Broker to perform the services set forth in this Agreement. Upon request of the City, Broker shall furnish the City with evidence of such compliance. 13. No Insurance. It is understood that the City does not maintain liability insurance for Broker and/or its employees. 14. Indemnification. a. Broker agrees to hold harmless, mdemnrfy, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys' fees) which result from or arise out of Broker's performance or non-performance of this Agreement. b In the event both the Broker and the City are negligent, Broker's liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, 4 damages, judgments, costs, and expenses (including reasonable attorney's fees) that can be apportioned to the Broker, its officers, employees, agents, and/or subcontractors. c Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 15. Professional Liability Insurance. Before this Agreement is fully executed by the parties, Broker shall provide the City with a certificate of insurance as proof of professional liability insurance with minimum liability limit of One Milhon Dollars ($1,000,000.00) per occurrence. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The msurance shall be with an insurance company or compames rated A -VII or higher in Best's Guide and admitted in the State of Washington. If the policy is on a claim made basis, the retroactive date of the policy shall be on or before Januaryl, 2005, or shall provide full prior acts. 16. Delegation of Professional Services. The services provided for herein shall be performed by Broker, and no person other than regular associates or employees of Broker shall be engaged upon such work or services except upon written approval of the City 17. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or m part by Broker to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Broker stated herein. 18. Non -Waiver. The waiver by Broker or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 19. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows TO CITY. TO BROKER: Sheryl Smith Deputy Human Resources Manager City of Yakima 129 N. 2nd Street Yakima, WA 98901 Dan Fisher Fisher Consulting 6 South Second Street, #818 Yakima, WA 98901 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand dehvered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 5 20. Survival. Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 21. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 23. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 24. Entire Agreement This constitutes the entire Agreement between the parties, and any other warranties or agreements are hereby superseded. Subsequent amendments to this Agreement shall only be in writing signed by both parties. Mr. Richard Zais / //WO $4 Signature City Manager Fisher •nsultin Title ignature Title 6 Date \� y Date c ry zzrnreaer►tic. ,,p�Z2r'1-S% 1 3 espy una�ac.,7�_:21 9 Exhibit 1 Broker Compensation First Year Description Fee Maintain current program services, including • Monitor benefits strategic plan ■ Conduct on-going cost analysis and market study ■ Perform critical factor analysis • Recommend plan design changes • Evaluate and implement voluntary benefit plans ■ Prepare management for union negotiations • Monitor plan performance Scheduled commissions paid on various insurance policies as separately disclosed, if applicable Annual retainer of $8,500 to be billed and paid quarterly Claims Analysis • Decision Master Warehouse, subject to receipt of claims data To be determined, if necessary Implementation services • Establish an implementation time line for new programs • Analyze current PPO networks • Review alternative vendors/insurers/TPA's • Establish performance guarantees for TPA • Communicate plan design changes* • Provide City HR Division with access to MyWaveTM Included *Prmtmg costs not included Employee Conunumcations ■ Meet regularly with Benefits Board and Staff • Develop wellness material • Promote Third Party Administrator Audit Outside scope of this Agreement Actuary Analysis Billed from independent actuary, if needed Second Year Retainer Fee Same Third Year Retainer Fee Negotiable Note that above fees do not include actuary services, to the extent the City utilizes them. In addition, the above fees do not contemplate any special projects that would be billed incrementally to the annual retainer fee (i.e implementation of employee access benefit web -site). 7 Exhibit 2 Business Associate Contract This Business Associate Contract (Agreement) is entered into by and between The City of Yakima, (Covered Entity) and Fisher Consulting Group, (Business Associate) effective as of January 1, 2004. WHEREAS, the Covered Entity is a group health plan as defined in the privacy rules adopted pursuant to the Health Insurance Portability and Accountability Act of 1996' (HIPAA); WHEREAS, the Business Associate wishes to perform on behalf of the Covered Entity treatment, payment, or health care operations as defined by HIPAA; WHEREAS, the parties wish to set forth their understandings with regard to the use and disclosure of Protected Health Infofiiiation (PHI) by the Business Associate in performance of its obligations; In consideration of the mutual promises set forth below, the parties hereby agree as follows. A. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE 1 Use of Protected Health Information (PHI). Business Associate shall not use or further disclose PHI other than as permitted or required by this Agreement or as required by law. 2. Safeguards. Business Associate agrees that it will implement all appropriate safeguards to prevent the use or disclosure of PHI other than pursuant to the terms and conditions of this Agreement. Business Associate agrees that perfoiiiiance of its obligations to implement safeguards includes establishing procedures that limit its use and disclosure of PHI to the minimum necessary amount of information required for the intended purpose, including limiting access to PHI within its organization to those employees with a need to know. 3. Unauthorized Disclosures of PHI. Business Associate shall, within ten (10) days of becoming aware of a disclosure of PHI in violation of this Agreement by Business Associate, its officers, directors, employees, contractors, or agents or by a third party to which Business Associate disclosed PHI, report to Covered Entity any such disclosure. Business Associate agrees to mitigate, to the extent practicable, any harmful effect of the unauthorized disclosure. 4. Agreements With Third Parties. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received by Business Associate on behalf of the Covered Entity agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. 5. Access to Information. Within ten (10) days of a request by the Covered Entity for access to PHI about an individual contained in a Designated Record Set, Business Associate shall make available to the Covered Entity such PHI for so long as such information is maintained in a Designated Record Set. In the event any individual requests access to PHI directly from the Business Associate, Business Associate shall respond to the request for PHI within two (2) business days. Any denials of access to the PHI requested shall be the responsibility of the Business Associate. The IIIPAA Privacy Rules were originally published at 65 Fed. Reg. 82462 on December 28 ,2000 and amended on August 14, 2002 as set forth at 67 Fed. Reg. 53182. 8 6. Availability of PHI for Amendment. Business Associate agrees to make any amendments to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR 164 526 at the request of the Covered Entity or an individual, and in the time and manner designated by Covered Entity. 7. Inspection of Books and Records. Business Associate agrees to make its internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of Covered Entity available to the Covered Entity, or at the request of the Covered Entity to the Secretary of the U.S. Department of Health and Human Services or designee, in a time and manner designated by the Covered Entity or the Secretary, for purposes of the Secretary determining Covered Entity's compliance with HIPAA. 8. Accounting of Disclosures. Business Associate agrees to maintain and make available to the Covered Entity an accounting of disclosures of PHI as would be required for Covered Entity to respond to a request by an individual made in accordance with 45 CFR 164 528. Business Associate shall provide an accounting of disclosures made during the six years prior to the date on which the accounting is requested. At a minimum, the accounting of disclosures shall include the following information: a. Date of disclosure, b. The name of the person or entity who received the PHI, and if known, the address of such entity or person, c. A brief description of the PHI disclosed, and d. A brief statement of the purpose of such disclosure which includes an explanation of the basis of such disclosure. In the event the request for an accounting is delivered directly to the Business Associate, the Business Associate shall respond to the request within two (2) business days. Any denials of a request for an accounting shall be the responsibility of the Business Associate. Business Associate agrees to implement an appropriate record keeping process to enable it to comply with the requirements of this Section. B. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE 1. Business Associate shall not use or disclose any PHI for any purpose other than performance of services for Covered Entity as provided for in the Consulting Agreement dated January 1, 2005. Except as otherwise limited by this Agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Covered Entity as specified above, provided that such use or disclosure would not violate HIPAA if done by the Covered Entity. 2 Except as otherwise limited by this Agreement, and with the express approval of the Covered Entity, Business Associate may provide PHI to Zywave, Inc., a subcontractor of Broker, for the limited purpose of providing data analysis and data aggregation services on behalf of the Covered Entity as defined in 45 CFR Sec. 164.501. 9 C. OBLIGATIONS OF COVERED ENTITY 1. Covered Entity shall provide Business Associate with the notice of privacy practices that Covered Entity produces in accordance with 45 CFR 164.520, as well as any changes to such notice. 2. Covered Entity shall provide Business Associate with any changes in, or revocation of, permission by individual to use or disclose PHI, if such changes affect Business Associate's permitted or required uses and disclosures. 3. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR 1654.522. D. PERMISSIBLE REQUESTS BY COVERED ENTITY Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under HIPAA if done by the Covered Entity. E. TERMINATION 1. Term. The term of this Agreement shall begin on the Effective Date and shall remain m effect until terminated as specified in this Agreement. 2. Termination. This Agreement shall be terminated only as follows: a. Termination For Cause This Agreement may be teinunated by the Covered Entity upon fifteen (15) days written notice to the Business Associate in the event that the Business Associate breaches any provision contained in Paragraphs A or B of this Agreement and such breach is not cured within such fifteen (15) day period; provided, however, that in the event that termination of this Agreement is not feasible in the Covered Entity's sole discretion, Business Associate hereby acknowledges that the Covered Entity shall have the right to report the breach to the Secretary, notwithstanding any other provision of this Agreement to the contrary. b. Termination Due To Change in Law Either party may terminate this Agreement effective upon thirty (30) days advance written notice to the other party in the event that the terminating party has sought amendment of this Agreement pursuant to Paragraph G (1) and no amendment has been agreed upon. c. Termination Without Cause Either may terminate this Agreement effective upon one hundred eighty (90) days advance written notice to the other party given with or without any reason. 3. Return or Destruction of PHI Upon termination of this Agreement, Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI. Notwithstanding the above, to the extent that it is not feasible to return or destroy such PHI, the terms and provisions of Paragraphs 1 and 2 shall survive termination of this Agreement and such PHI shall be used or disclosed solely for such purpose or purposes which prevented the return or destruction of such PHI. F. DEFINITIONS 10 Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in 45 CFR 160.103 and 164.501. Capitalized terms within this Agreement are defined in the text or as follows: 1. Designated Record Set means a group of records mamtamed by or for the Covered Entity that is (a) medical records and billing records about individuals maintained by or for the Covered Entity, (b) the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan, or (c) used, in whole or in part, by or for the Covered Entity to make decisions about individuals. As used herem the term "record" means any item, collection, or grouping of mfoiivation that includes PHI and is maintained, collected, used, or disseminated by or for the Covered Entity. 2. Individually Identifiable Health Information means information that is a subset of health information, including demographic information collected from an individual, and a. is created or received by a health care provider, health plan, employer, or health care clearinghouse; and b. relates to the past, present, or future physical or mental health or condition of an individual; the provision of healthcare to an individual; or the past, present, or future payment for the provision of healthcare to an individual; and (1) identifies the individual or (2) with respect to which there is a reasonable basis to believe the information can be used to identify the individual. 3 Protected Health Information (PHI) means Individually Identifiable Health Information that is (a) transmitted by electronic media, (b) maintained in any medium constituting electronic media, or (c) transmitted or maintained m any other form or medium. PHI shall not include (a) education records covered by the Family Education Right and Privacy Act, as amended, 20 USC Sec. 1232g and (b) records described in 20 USC Sec. 1232g(a)(4)(B)(iv). G. GENERAL PROVISIONS 1 Amendment. This Agreement may be amended only by the mutual written agreement of the parties. The parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for the Covered Entity to comply with the requirements of HIPAA. 2. Indemnification. The Covered Entity shall release, indemnify and hold the Business Associate harmless from and against any claims, fees, and costs, including, without limitation, reasonable attorneys' fees and costs, which may be incurred by the acts of the Covered Entity as a result of or related to the Broker's activities pursuant to this Agreement. 3. Remedies. The parties acknowledge that breach of Paragraphs A or B of this Agreement may cause irreparable harm for which there is no adequate remedy at law. In the event of a breach, or if Covered Entity has actual notice of an intended breach, Covered Entity shall be entitled to a remedy of specific performance and/or injunction refraining Business Associate from violating or further violatmg this Agreement. The parties agree the election of the Covered Entity to seek injunctive relief and or specific performance of this Agreement does not foreclose or have any effect on any right the Covered Entity may have to recover damages. 11 4. Survival. Business Associate's obligation to limit its use and disclosure of Protection Information as set out in Paragraphs A and B survive the termination of this Agreement so long as Business Associate has PHI received during the performance of its services as described in this Agreement. 5. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. 6. Assigns. Neither this Agreement nor any of the rights, benefits, duties, or obligations provided herein may be assigned by any party to this Agreement without the prior written consent of the other party. 7. Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights or remedies in any third party. 8. Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits the Covered Entity to comply with HIPAA. 9. Notices. Any notice given under this Agreement must be in writing and delivered via first class mail, via reputable overnight courier service, or in person to the following addresses, or to such addresses or facsimile numbers as the parties may specify by like notice: If to Covered Entity: If to Business Associate: City Manager 129 North Second Street Yakima, WA 98901 Dan Fisher . Fisher Consulting 6 South Second Street, #818 Yakima, WA 98901 IN WITNESS WHEREOF, the undersigned have executed this Agreement. Mr. Richard Zais Fisher Consulting Group Signed: \l�J`+�w� Signed: Date: 11 — - Date: l`— © 6 Name (Print): Richard A. Zais, Jr. Name (Print): VAtJ tc L `...f t 5' .Sz Title: City Manager Title: =SLS 12 knnih 09/10/2004 1:28 pm CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 9/10/04 Producer: Brown & Brown of CA, Inc. DBA CalSurance. P O Box 7048 Orange, CA 92863 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGES Insured: Agents of Ohio National Life Insurance Company Daniel W. Fisher COMPANY LETTER A AMERICAN AUTOMOBILE INSURANCE CO. 6 S. Second Street #818 Yakima, WA 98901 COMPANY LETTER B 509-457-3732 Y CFAX: Ll TE -R LEITER C COMPANY LETTER D • COMPANY LETTER E Coverages THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ;VCO` LT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMTCS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ■■ CLAIMS MADE OWNER'S & CONTRACTOR'S OCCUR PROT AUTOIIOBILE LIABILITY COMBINED SINGLE LIMIT $ ^ Ally AUTO Ni °W010 AUTOS SCHEDULED AUTOS H60E0 AUTOS r,a l-or,aenrura; OAPJOE 0)001) BODILY INJURY(Per person) $ BODILY INJURY(Per Accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ i., ._. ; WORKER'S COMPENSATION & EMPLOYER'S LIABILITY STATUTORY LIMITS EACH ACCIDENT $ DISEASE POLICY LIMIT $ DISEASE EACH EMPLOYEE $ A OTHER ' X Clauns Made Description Deductible Life Agent Plus Mutual Funds ME07318132 04/01/2004 04/01/2005 Description Amount Annual Agg per Agent $2,000,000.00 Pcr Claim $2,000,000.00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES SPECIAL ITEMS Coverage is provided for the sale and/or servicing of Life Insurance, Accident & Health Insurance, Disability Insurance, Annuities, Variable Life Insurance, Variable Annuities, Employee Benefit Plans, Pension/Profit Sharing Plans and Mutual Funds. Deductible: $500 for Ohio National Products; $1500 for outside covered products. Individual Coverage Effective Date is the later of 8/1/2004 12:00:00AM or date of contract with sponsor. CERTIFICATE HOLDER CANCELLATION Daniel W. Fisher SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE 6.S. Second Street #818 THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN NOTICE TO THE Yakima, WA 98901 CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE _ ;':4 ACORD 25-S (7-90) 0 ACORD CORPORATION 1990 IThM 111LE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * ' For Meeting Of 11/02/04 Resolution Authorizing the Execution of a benefits broker and consulting agreement for the Health and Welfare Benefit Program R. A. Zais, Jr., City Manager Sheryl Smith, Deputy Human Resources Manager CONTACT PERSON/TELEPHONE: Sheryl M. Smith, 575-6090 SUMMARY EXPLANATION: The attached resolution authorizes the execution of a Benefits Broker and Consulting Agreement for the City's self insured health insurance program. The City has received these services from Dan Fisher, Fisher Consulting Group, Inc., since 1998. Additionally, prior to 1998, the City received these services from Dan Fisher since 1990 under the City's contract with Direct Administrators which was purchased by the Sedgwick firm in 1996. The costs associated with the Broker contract remain the same, $8,500 annually plus commissions. This cost has been included in the 2005 Health Benefit Reserve Fund Budget. Resolution X Ordinance Contract X Other (Specify) Funding Source Health Benefit Reserve Fund APPROVED FOR SUBMITTAL: -�J City Manager STAFF RECOMMENDATION: Adopt resolution authorizing execution of agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-169