board of county commissioners agenda thursday, … · 12/27/2018 · i. presentation offy 2018...
TRANSCRIPT
BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, DECEMBER 27,2018, 9:00AM
COMMISSION CHAMBERS, ROOM B-11 I. PROCLAMATIONS/PRESENTATIONS
I. Presentation ofFY 2018 annual report-Susan Duffy, Topeka Transit
II. UNFINISHED BUSINESS
III. CONSENT AGENDA
I. Consider acceptance of the November 2018 Bank Reconciliation Report from the County Treasurer.
2. Consider approval of request to pay invoices from the Diversion fund account in a total amount of $820.50-District Attorney.
3. Acknowledge receipt and consider approval of the Menoken Township Treasurer's BondCounty Clerk.
4. Acknowledge receipt and consider approval of the Silver Lake Drainage District Treasurer's Bond--County Clerk.
IV. NEW BUSINESS
A. COUNTY CLERK- Cynthia Beck
I. Consider all voucher payments.
2. Consider correction arden;.
B. PARKS+ RECREATION -John Knight
I. Consider authorization and execution of Contract C435.2018 with Axon, Inc. to purchase five Tasers, holsters, extra batteries and 20 extra cartridges including an extended five year warranty for Park Police at a cost of$8,01 0.00 from the Parks+ Recreation operating budget.
2. Consider approval of request for a project budget of$350,355.00 to replace the turf on the BeLLis Family Sports Complex soccer field with funding ITom the Excess Reserve Funds.
3. Consider authorization and execution of Contract C43&-2018 with PowerDMS to allow for efficient management of documents electronically at a cost of$6,525.05 with funding from the operating budget.
4. Consider approval of request tOr a project budget of$412, 155.00 for asphalt reclamation on East Edge Road (371h-45rll) with funding from the Excess Reserve Funds.
C. PUBLIC WORKS/SOLID WASTE -Curt Niehaus
I. Consider approval of request to create and fill a Fleet Supervisor position in the Dept. of Solid Waste at a proposed salary, including benefits, of$64,508. 72.
2. Consider approval of revised Project Budget in a total amount of$10,309,930.00 for the widening of SE 29th Street from the cast end ofthe 1-470/Kansas Turnpike Authority Overpass Bridge to a point 600 feet west of SE Croco Road with funding ITom residuals from the Willard Bridge project; 2004 Countywide ~ cent sales tax residuals; 20 17 Countywide 'h cent sales tax for bridges; FFY 2018 and 2019 Federal Obligation Authority available for exchange with KDOT~ and the 2018 and 2019 transfer of funds from the Public Works Operating Budget.
D. HUMAN RESOURCES- Angela Lewis
l. Consider authorization and execution of Contract C437-2018 with Blue Cross-Blue Shield to provide the administration oft he County's self-insured health benefit plan.
2. Consider approval of Resolution No. 2018-76 establishing a tlexible benefits "cafeteria" plan for Shawnee County employees and Resolution No. 2018-77 setting the non-taxable employer contribution-- Commissioner Cook.
E. FACILITIES MAINTENANCE- Bill Kroll
1. Consider authorization and execution of Contract C438-2018 with T erracon for concrete core samples and pctrugraphic testing of three separate cnncrctc pours utilized in the construction of the northwest parking lot at the courthouse, at a cost of$6,800.00 with funding from deferred capital maintenance.
2. Consider approval of request to solicit "Requests for Qualifications" (RFQ) proposals for exterior cleaning, repairs, renovations and weather proofing of the Courthouse exterior with funding from the Deferred Capitol Maintenance Funds.
F. ADMINISTRATIVE SERVICES-Betty Greiner
1. Consider approval of the request for 2019 memberships, dues and subscriptions in a total amount for all departments of $178, 179.59.
V. ADMINISTRATIVE COMMUNICATIONS
VI. EXECUTIVE SESSIONS
•
DATE:
TO:
RE:
December 18, 2018
Shawnee County Office of County Treasurer
Room 101, Courthouse, Topeka, Kansas 66603 Phone 785-251-6493 (MV)
785-251-6483 (Tax) htlp:l/wNw.snr:JJ.US
LARRYMAH COUNTY TREASURER
MEMORANDUM
Shawnee County Board of Commissioners
Larry Mah, Shawnee County Treasurer
November 2018 Bank Reconciliation
-n; I
Please place this request on the Thursday, December 27, 2018 Board of County Commission Consent agenda for final approval of the November 2018 bank reconciliation report. This bank reconciliation report has been reviewed and approved by Audit Finance Department.
Thank you for your time and consideration.
CC: Aud~ Finance Dept.
November 2018 Bank Reconciliation
Ending balance Per OneSolution
Reconciling Items
less: Credit cards (posted to bank December 3, 2018)
Deposit in Transit ~posted to bank December 3 & 4, 2018)
Add: Outstanding checks as of 11/30/2018 Credit Card payments {posted to OneSolution in Dt:cember 3 & 4, 2018)
ACH File Upload to UMB Bank for Accounts Payable payments {posted to bank December 4, 2018)
Payment to JEDO {posted to bank December 3, 2018)
ACH Credit-Remote deposit (P & R) (posted to OneSolutlon December 3, 2018)
ACH Credit-Lake Shawnee Golf Course (P & R) (posted to OneSolution December 3, 2018)
ACH Credit-Remote extra deposit (posted to OneSolution December 3, 2018)
ACH Credit-IRS payment (ROD) (posted to OneSolution December 4, 2018)
lockbox payment (Treas. Dept.) (posted to OneSolution December 3 & 5, 2018)
ACH Credit- KC Pie LLC payment {Solid Waste) {posted to OneSolution December 3, 2018) ACH Credit- MHC Kenworth payment (Solid Waste) {posted to OneSolution December 3, 2018)
ACH Credit· Waste Harmonics payment (Solid Waste) (posted to OneSolution December4, 2018)
ACH Credit-Point Comfort payment (SCHA) (posted to OneSolutlon December 12, 2018)
Payroll (posted to bank December4, 2018) UMB Bank change order (posted to bank December 5, 2018)
Adjusted ending balance
Vault cash Ending balance per UMB Bank
Difference
Prepared by: tjt
Shawnee County Treasurer's Offite
December 17,2018
s 116,450,259.57 $ 116,450,259.57
$ $
59,151.39
92,791.42
$ 151,942.81
$ 2, 764,139.04
$ 700.47
$ 108,662.93
$ 643,627.82
$ 40.00
$ 8,278.50
$ 152,364.62
$ 256.00
$ 1,165,784.40
$ 138.00
$ 409.05
$ 20.93
$ 43.12
$ 228.30
$ 280.00
$ 4,844,973.18
$ 121,143,289.94
$ 4,000.00
121,139,289.94
121,143,289.94
$
• /Jl OFFICE OF THE DISTRICT ATTORNE~t _,_....,._--J
THIRD JUDICIAL DISTRICT OF KANSAS ,..._____ Michael F. Kagay, District Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Michael F. Kagay, District Attorney f1LS-
DATE: December 19, 2018
RE: Request for Diversion Fund Payments
The District Attorney's Office wishes to pay the following invoices from their Diversion Fund account
1) Lunnon, Paula for transcript fees a) Invoice dated December 13, 2018 in the amount of $55.50
2) Office Depot for office supplies a) Invoice No 244816393001 dated December 11, 2018 in the amount of $491.50
3) Willard & Schuyler fOr transcript fees a) Invoice No. 201800109 dated December 11,2018 in the amount of$273.50
The District Attorney's Office hereby requests placement on the consent agenda for consideration of the above itemized invoices, in the total amount of $820.50, to be paid from the Diversion Fund account.
Shawnee County Counhouse 200 SE 71
h Street, Suite 214 • Topeka, Kansas 66603 • (785) 251-4330
CATALOG MANUF
899051 CF237A
Office DEPO'l~
FEDERAL ID:59-2663954
BILL TO:
Ollioa Depot, Inc POBOX630813 CI~NATI OH 452!EUIB13
ATTN: ACCTS PAYABLE § SHAWNEE CNTY DA § 200 SE 7TH ST ST~ 214 ~ TOPEKA KS 66603-3933
8 I,IJ,,,U,,,II,,IJ,,,,,JJ,,,JJ,J,I,,,,Jiu.II,,U,,,J,,J,,III
ITEI'I COD!::
ORIGINAL INVOICE '0000
THANKS FOR YOUR ORDER IF YOU HAllE ANY QUESTIONS OR PROBLEI'IS. JUST CALL US
FOR CUSTOMER SERIIICE ORDER: {888) 263-3423 FOR ACCOUNT: (SOD) 721-6592
SH!P'TO: SHAIJlNEE CNTY DA 200 SE 7TH ST STE 214 TOPEKA KS 66603·3933
902212 COFFEE,VERANDA,1l.B,GROU EA 6 6 0 11.760 70.56
SBK11019631 902212
865935 Fll TER,CONE, N0.4, 1 OOCT, NTL PK 6 6 0 3.660 21.£16
MlA624602 865935
SUB-TOTAL 491.50
DELIVERY 0.00
----,--, --·. SALES TAX 0.00
AU amounts are based or1 USD currency TOTAL 491.50 fo .... tum Sl.II'Pli•s~ pl- repaek 1n or\gi""l bD:c and insert our ~'tlros list, or eopy <>f this Invoice. PlHst note ~.....,lem so"" .. r 1..- c...:l1t or reph-t, wbic!l@v~r you prater. l'tu .. do mt &h\p 'oll•ct. Pl.Mso de not ...,tum fumlt:un or .. dt\rtOS <ntH you call us tll'St for \nstructlons. Sb<>ri:JIF or dMoge lllBt be ""'"'rtltd ll"lth\n ~ lkfi oft•r clollv<ti'Y-
SHAWNEE CNTY CIA
Pi<= Send Your Check to:
Eli LUNG
232:448
FLO
'oFfiCE DEPOT PO Bcx 660115
... "
Dallas TX 75266-0113
DETACH HERE ... INIIOICE NUI'IBER INIIOICE INVOICE I APIOUNT ENCLOSED I
DATE AMOUNT , ~
244816393001 11-DEC-18 491.50 l 002324481 2448163930018 00000049150 1 2
Please return this stub with your paynient to ensure prompt credit to your account
Please DO NOT staple or fold Thank You.
00001100001
= fit Shawnee County "3
Office of County Clerk CYNTHIA A. BECK
785-251-4155 Fax 785-251-4912 200 SE 7'n Street Room 107 www.snco.us Topeka, Kansas 66603-3963
DATE: December 17,2018
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Cynthia A. Bec~ee County Clerk
RE: Menoken Township Treasurer's Bond
Please acknowledge receipt and consider approval of the following bond:
Menoken Tov.mship Treasurer's Bond Effective January 20th, 2019- January 20th, 2020 James B. Houchins - $10,000
Thank you for your consideration.
CAB/ced
Attachment:
twpbonds.docltownshipsldl:l
MERCHAN~ BONDING COMPANY.
MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498. DES tvlOlNES. IA 50306-3498
PHONE: (000) 678-8171 FAX.: (515) 243-3854
OFFICIAL BOND THE STATE OF ___ ___,K=""="'=-----____________________________ COUNTY
KNOW ALL PERSONS BY THESE PRESENTS
BOND No. __ ___,K,_S_,4cc75"4"-J __ _
Thatwe ________ ~----~----~---~J~AME~'~S_,B~·=H~O~U~CHIN~~S=----------------------------as Principal, and Mercl'llnts Bonding Company GMutuaD , a corporation duly licensed to do blJsiness in the state of Kansas , as Surety, are held and firmly bound unto Menoken Township
-----------------------------------in the per1al sum of ________________ _.T,.enceT,.,ho=usa=nd"D"o'"lh"'"''"---------------( $10,000.00 ) Dollars.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the aOOve boun':fen Principal W8S du!y e!ected or appointed to the office of Menoken Township Treasurer
on the day of for the term beginning on the 20th day of 1Wluary 2019 and ending on the 20th day of January 2020
NOW THEREFORE, if the Principal shall faithfully perform and discharge all the duties of said office during his/her continuance therein then the above obligation to be void, to otherv.rise to remain in full force and effect.
PROVIDED, HOWEVER, that regardless of the number of years this bond may remain in force and the number of claims which may be made against this bond, the liability of t!"ie Surety shall not be cumulative and the aggregate liability of the Surety for any and all claims, suits, or actions under this bond shall not exceed the amount stated above. Any revision of the bond amount shall not be cumulative.
PROVIDED, FURTHER, that this bond may be canceled by the Surety by sending written notice to the party to whom this bond is payable stating that, not less than thirty (30) days thereafter, the Surety's liability hereunder shall terminate as to subsequent acts of the Principal.
Signed and dated t!"iis ___ cche.:< ___ day of -----~Nc:o:cv:.:<::m:.:bo:o':__ ___ _ 2018
JAMES B. HOUCHlNS
Principal Countersigned (if required):
~n (Mutual)
By: ---------Taken and approved this _______ day of---------------- ·-·--.
Approvmg Officer
ATTEST: Board of County Commissioners
' Cynthia A. Beck, Shawnee County Clerk Kevin J. Cook, Chair
-tTl Shawnee County __.....--;t
Office of County Clerk CYNTHIA A. BECK
785-251-4155 Fax785-251-4912 200 SE 7"' Street Room 107 www.snco.us Topeka, Kansas 66603-3963
:M:emn.ora.n.d.:nTI'II
DATE: December 17, 2018
TO:
FROM:
BOARD OF c~x~D COMMISSIONERS
Cynthia A. Bec~v.'!lee Cotmty Clerk
RE: Silver Lake Drainage Dist., Treasurer's Bond
Please acknowledge receipt and consider approval of the following bond:
Silver Lake Drainage Dist., Treasurer's Bond Effective January zn\l, 2019- January 2nd, 2020 John Cl<rrk- $10,000.00
Thank you for your consideration.
CAB/ced
Attachment:
Bee ack drainbondsldb
MERCHAN~ BONDING COMPANY,
MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498. DES MOlNES, IA 50306-3498
PHONE: (800) 678-8171 FAX: (515) 243-3854
OFFICIAL BOND THE STATE OF ___ __,KO'"""~~:!._ __ _
-------~Soo~wn~~~ _______ COUNTY BOND No. _ ___!,K"'S_:4tL7.ullc:>_5 __
KNOW ALL PERSONS BY THESE PRESENTS:
Th~we __________________ ~JO~HN~~CL~ARK~~-----------------------as Principal, and of Kansas
11erchants Bonding Company (Mutual) , a corporation duly licensed to do business in the state , as Surety, are held and firmly bound unto Silver Lake Dramage Dlstrict
-----------------------------------'in the penal sum of
___________ Tc"e'!n!.cTC'h<eo"'"'"""""'d-"D"'o'"ll'"''-' ------------( cl'-'1"0"'0"00"."00"-----l Dollars.
THE= CONDITION OF THIS 08LIGAT!ON IS SUCH, that whereas the above bounden Pnncipal was duly e!eGt~d or appointed to the office of Treasurer
on the day of for the term beginning on the _ _,2"'n,_d_day of _ __ci:::"":;;"::o"'2'::L __ 2019 and ending on the 2nd day of January 2020
NOW THEREFORE, if the Principal shall faithfully perform and discharge all the duties of said office during tis/her continuance therein then the above obligation to be void, to otherwise to remain in full force and effect
PROVIDED, HOWEVER, that regardlees of the number of years thie bond may remain in force and the number of claims which may be made against this bond, the liability of the Surety shall not De cumulative and the aggregate liability of the Surety for any and all claims, suits, or actions under this bond shall not exceed the amount etated above. AAy revision of the bond amount shall not be cumulative.
PROVIDED, FURTHER, that this bond may be canceled by the Surety by sending written notice to the party to whom this bond is payable stating that, not less than thirty (30) days thereafter, the Surety's liability hereunder shalt terminate as to subsequent acts of the Principal.
Signed and dated this lsl day of November 2018
Countersigned (if required):
By: __________ _
JOHN CLARK
By: -------------
~ual) sy .:.~2~z::=:::::::::..=:::-===
Margaret Heasley
----·----;,-,-.,.Principal
Taken and approved tnis ______ day of------------------
App•o,,:r,q Ol'!loor
------------------------------~----------
ATTEST: Board of Councy Commissioners
·Cynthia A. Beck,,Shawnee County Clerk Kevin J. Cook, Chair
December 10,2018
TO:
FROM:
RE:
Board of Commissioners Shawnee County
John E. Knight, Director J Parks + Recreation
Terms & Conditions- Axon, Inc. Park Police
Purpose: Board of County Commissioners approval is requested on the attached terms and conditjons agreement with Axon, Inc. to allow Parks + Recreation to purchase five (5) X26P Tasers, holsters, extra batteries and 20 extra cartridges including an extended five year warranty that provides repairs or replacement of defective or damaged equipment. Funds are available from the Parks+ Recreation operating budget at a cost of$8,010.00.
Justification: The current Tasers were purchased in 2011 and production of the Park Police models ceased in 2014 with battery production ending in 2018. On December 7, 2018, the Director of Administrative Services reviewed and approved the Sole Source Authorization Form for this vendor to replace the specific Tasers. Axon, Tnc. requires the attached agreement in order to proceed with the purchases.
JEK!blt RL Attachments
parks.snco.us
Sh-'VIIH'!' Cou11l•; Pd,!,::; · i1(.'trt:.l'iml • 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-6800
SHIP TO Michael Cope
Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United states Phone: (800) 978-2737
Shawnee County Park Police 3737 SE 29th St. Topeka, KS 66605 us
X26P
YEl.LOiNX26F CEW, HANDLE ·::·\-\NARfto:NTY-:·4.\iE;".i\R,:X2~P::, ::_.·.
BILL TO Shawnee County Park Pollee 3737 SE 29th St. Topeka, KS 86605 us
5
·:.::·31ib0 ·.; 73.00 11010 XPPM, SPARE CARTRIDGE BATTERY PACK, X26P
.:>.11.sM. ',\·:·Rt~iHT:'HA~·D.H:DL~i~ii.:··)cief;''BJ..AGKHAWK i_:·. :;:
.·· ... .. :.· 4
1
.:.-·:.; > : 61"J}Q.:.::::·
11504 LEFT-HAND HOLSTER, X26P, BLACKHAWK 61.00
SAL.ES REPRESENTATIVE Stephen Barrella
Phone:480~8007
Email: [email protected] Fax:
PRIMARY CONTACT Michael Cope
Phor.e: {785) 291-2631 Email: [email protected]
61.00 .-,·-". ··,:,:_,e;4o.oo.
8,010.00
. ci.ilo 0.00
,;.:a,o1o.oo
Axon's Sales Terms and Conditions
This Quote is limited to and conditione! upon your acceptance of the provisions set forth herein and Axon's Master Servit:es and Purchasing Agreement (posted al..........w.axon.r:omflegallsales-terms-and-condltkmsl, as well as the attached Statement of WorK (SOW) for Axon Fleet and/or Axon Interview Room purchase, If applit:able. Any purchase order Issued in response to this Quote is sut:ject soi81y to tlle above 11;1ferenced tenns and conditions. By signing below, you represent thai you are ialtVfully able to enter into contracts. If you are signing on behalf of !111 entity (Including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind th<~t entity. If you do not have this authority, please do not sign this Quote.
Signature:
Name (Print):
PO# (Or wrlte NIA):
Date:
Tille:
Please sign and email to Stephen Barrella at [email protected] or fax to
Thank you for being a valued Axon customer. For your r:onven.ience on your next order, please cl1eok out our ora line store buv.axon.com
Quote: Q..191443-43432.719SB
'Protect Life'© and TASER® are registered trademarks of Axon Enterprise, Inc, registered In the U.S. © 2013 Axon Enterprise, Inc. All rights reserved.
Approved as to Legality and Form: Oat& L. ,Jt
v ASST. CO. COUN ELOR
SOLE SOORCE AOTHO~IZATION FORM
INSTRUCTIONS: Submit form in duplicate t~!-Shawnee County, Audit-Finance and Purchasing, 2QO SE 7th, Room 201, Shawnee Ccunty Courthouse, Topeka, Kansas 6660~
Vendor: Axon Enterprise, Inc,
Address: 17800 N B5th ST. Scottsdale, Arizona 85255
Has the vendor ever been an employee of the Shawnee County? Yes _____ No ___ x __ If yes, please explain the nature of the employment and period of service.
l. Description of Material or Service:
5wX26P Conducted Electrical Weapon (Taeers)to replace out of date X26 CEW's, Extended warranty to have a 5 year warranty, holsters for the new weapons 5 spare batteries and 20 cartridges.
2. Explain why the recommended vendor is the only one qualified to provide the requested services at the excl\laion of all others, i.e,, what makes this vendor uniquely qualified?
They are the only supplier of Co~d\lcted Electrical Weapon (Tasers)
3. Describe the research that has been completed to insure that no other competition exists {nature of work to be completed, names of vendors contacted who are unable to perform service, etc.):
I have spoke with the Sheriff's office and completed on line search's to confirm
4. Have you requested an agency contract with the vendor at any time during the past twelve months? Yes No X If yea, please explain the nature of the service and the amount agreed to be Paid.
DEPAR!l'MBm USE ONLY
{Signature and Title}
2 AUDI'J'-FINANCB ~rJRCIUIBING USE ONLY _
Approved b~O~ -rRAf :AUDIT-FINANCE) Date
(Revised 4/2/12)
Shawnee I ~ounty "'' ~ r '; P.arKs+ -! recreation December 17, 2018
TO:
FROM:
RE:
Board of County Commissioners Shawnee County
John E. Knight, Director\__ Parks + Recreation d' Project Budget Request
Puroose: Board of Commissioners approval is requested for the attached project budget totaling approximately $350,355 utilizing Excess Reserve Funds. The Individual Management Plan (IMP) Committee evaluated the proposed project budget request and analyzed the information, including site classifications, purpose, use and community benefit. All projects shall adhere to the Shawnee County Purchasing Policy, including proposals and qualifications.
Justification: On June 18,2018, the Board of Commissioners approved the department's request to utilize the Excess Reserve Funds for components that address specific outcomes related to deferred maintenance needs.
In reference to Chapter 7 of the Commission for Accreditation of Park and Recreation Agencies (CAPRA), the IMP Committee proposes having physical resource planning and management plans as a requirement. Operations of parks and facilities with respect to the Facility and Land Use Management Policy (FLU1vlP) are essential to ensure quality and positive experiences. As noted below the request addresses specific outcomes related to each proposal and will be included in future IMPs being developed for each respective park. As these management plans are implemented, the proposals supporting such will be refined and improved while addressing deferred maintenance. A brief summary of this proposal is as follows.
Bettis Family Sports Complex Sports Turf Replacement Quadrant 4 Project is to replace the turf on the Bettis Family sports Complex soccer field. The field was built in 2010 and has reached its expected lifespan of 8-9 years. There is turf failure and sub-base shifting as a result. The department has recently been approved 2019 Capital Outlay Funds for
parks.snco.us
• 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-6800
turf at the Girls Complex at Lake Shawnee. The department plans on developing one Request for Proposal (RFP) that combines both the Bettis soccer field and Girls Complex for best price.
JEK/lrk RL Attachment
Project Name ___ _,B"e"tt!s=S00oc~c::::er'=-F'-'i"el:::d-::=T..:u::.;rfc;R:::•:.o:P:::l•::::<em=e"'n"-t __ _
Project Manager -----::"'K'CeVI::.;.:," "St"o~ne'::riD~=!!.:;!•";-T,_,o~lin"--------,Location:. ____ __::B:::elt:::is=Fam=il:.tY.oS:.<P::.:"rt.o'coCcoo:eemp=le:o_x ____ _
Description of Project: Replace existing turf with new.
Preliminary X Time Line:---"''------
Final Fall 2019 ------ Quadmnt ____ __:4:_ ___ _
This pro jed budget documents the estimated costs and funding source(s). The project manager or designee will assume ownership of the budget for the entire project.
Estimate Project -Cost FUNDING$
' 5occer turf c field $ II $ -IS - II - $ - -
IS - - $ - $ -- - " IS "
-- s " "
Is " IS - $ - -
Is " - $ - $ -- - - Is -
" - -- $ - -
II - $ " Is - -IS I$ - I$ I$ II - '$ - II " II -IS - - II " II -
" - "
-
" $ - -I$ - $ - IS " "
Is - - IS - II "
- - - IS -- " Is -
$ -' - -II - $ " -II " $ - II - -II - - IS " IS -
- - - IS "
- " - "
$ - - -
.£ $ ·. '·. ' <: .. ' .. ..
' . ; . ' . .
'
~ .;~'J
Approved"'~~_ J ~~= ,;:;:,~~ l'v Date: 12-0-6? )
-~ ~ -...,! ' ~
(2--t?-rf Approved By<--- Date:
Shawnee I ~ounty '' , r,.; P.arKS+ ~ recreation December 17,2018
TO:
FROM:
Board of Commissioners
Shavmee County \ ~
John E. Knight, Directo~ Parks + Recreation
RE: PowerDMS- Document Management Simplified Agreement Administration
Purpose: Board of Cotmty Commissioners approval and execution is requested on the attached agreement between PowerDMS and Shawnee County Parks + Recreation which allows for efficiently managing documents electronically. Funds are available from the Parks + Recreation operating budget to pay for the service ($6,525.05).
Justification: As presented on October 8, the department was awarded the Commission for Accreditation of Parks and Recreation Agencies (CAPRA) status by the National Recreation Park Association at the annual conference in late September. The nomination term is for five years with annual reporting due to maintain such status. Utilizing PowerDMS will allow for staff to access updated CAPRA documents electronically and NRPA reviewers access to documents during re~accreditation.
A few highlights not directly related to CAPRA include: staff authoring policies, secure access through a central repository, track modifications and training, create workflows, produce reports, and staff can receive these on their computer or mobile devices. This will help the department move forward with meeting standards requiring accountability. Specifically for accreditation this allows for required evidence of compliance to be perlormed electronically. A major benefit is that it allows for up to 40 staff these resources to better manage department policy and requirements for the CAPRA standards. Up to 1,000 users will be granted access to PowerDMS University and they do provide support when needed.
If this is determined to be effective, additional services such as Training Management and Public Facing Documents and even other Shawnee County departments may be added and utilize
parks.snco.us
• 3137 SE 29th Street. Topeka, KS 66605 • (785) 251·6800
services. In accordance with County Code (Sec. 20-142. Computer Resources; Purchases) IT has reviewed the software and supports the department efforts to proceed with the purchase of PowcrDMS. The department abided by the SNCO Purchasing Policy as noted below in the quotes for up to 40 users.
PowerDMS Armature CompWALK
JEK!blt JB Attachments
$6,525.05 $25,000.00 $14,400.00
TABULATION OF VERBAL QUOTATIONS DEPARTMENT: Parks+ Recreation
VENDOR PowerDMS
NAME TELEPHONE
Jjm.erjckson@powerd NUMBER or E-MAIL ADDRESS
ms.com
PERSON Jim Erickson CONTACTED
DATE ll/I/20I 8
ITEM QTY. UNIT TOTAL
NO UNIT PRICE
I I $6,525.05
Annature CompWALK
Andrew.bryden@arma [email protected]
turecorg.com
Andrew Bryden Emily Judge
I I/5/20I8 Il/I3/20I8
UNIT TOTAL
UN1T TOTAL
UNIT TOTAL
PRICE PRICE PRICE
$25,000 $I4,400
PowerDMS fee is for 40 licensed users annually. Annature fee is for 40 licensed users annually and would require and additional $10,000-$20,000 for start-up. CompWALK fee is for 11-50 licensed users. See attached for additional information.
i
GRAND TOTAL
-----------------------------------------------CIRCLE BEST BIDDER---------------------------------------------------
:SHAWNEE COUNTY /
CONTRACT #. Cf:;,kiXR/.~
P(!)we rD·MS' t 800.749.5104 f407.210.0113 www.powerdms.com 101 S. G:uland Ave, Ste 300 Orlando, Fl32B01
Subscription Quote
Contract Detar is Order Det:JIIs Account Number: A-!11132 CUstomer: Shawnee County Parks & RecreE\Ion (KS) Sales Rep: Jim Erickson
Josh Lehman Ac'dress:
Topeka, KS 66603 Payment Terms Payment Term: PO Number: ubs~ription Servtce
Item
PowerDMS Pro Base
Order#: Q-51022 Order Date: 12/1/2018 Valid Until: 12/1/201 B Subscription Start Date: 12/1/201 B
•••••••••••• lnlllal Teii'!m~'!12~!~1!!~~~~!!• Phone: :c
Fair.
Notes:
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Shawnee County Parks & Recreation (KS)
Signature:
Printed Name:
Title:
Date:
THE INFORMATION AND PRICING CONTAINED IN THIS QUOTATION SHEET IS STRICTLY CONRDENTIAL
Page1of1
Rev. 101201~ AITACHMENTTO
SHAWNEE COVHn' CONTIV.CT C. __ _
CQNTRACTIIAI. PROVISIONS ATIACHMF,NT The undCI3igned parties llgrl:e that the following provlsioos ~re heruby inoorpomted into the contract to which It is llltachcd ami made a part thcroof, said contriiCI being dnU:d the ___ day of -------~ 20_.
I. TERMS HI!RI'i(N CONTROI.I.II'IG I'ROVljiiONs. it is expressly ~gree\1 thai the temts of eaeh and every provision in this attachment ~hall prevail at\d control over the terms of any otha conflicting pro~ision it\ uny other documMt relating to an<:! a part of the contrnct in which tliis attachment is incorporated.
2. AGREWW WITH KANS,\.S LAW. II is agreed by and betweeJl the undersigned that all <:lisputcs an<:! matten; wl1a1soever arising umler, in connection with or incident to lhij COIIlract shall be litigated, ifvt all, ill and before a Court located in the State of Kansas, U.S.A., to the exclusion of !he Courts of any otller statu or country. All contractual agre~men!l; shall be subject tCI, governed by, end ccnstruell ~ccording 1.o the laws ofthe Stute ofKnnsns.
3. TF,RMrr.'ATION Dlffi TO LACK OF FUNDING APPROPRIATION. Shawnee County is Sl•bjeot to the K11nsos Cash Basis Law, KS.A. !0-1101 er s~rq. rr, in ti!CjtJdgmcnt of the Finan~i1~ AdministmtiJr, Audit-Finance Office, sufficient funds are not !IJlpropr!atcd 10 ccmtinue th~ function pcrfulllled in this ~~&reerrtent and for til<: p~ym~t of t~e charges henmnder, County mr.y terminate this agreement at the end of its eurrcnt fls~al yeur. Cmmty ngrces to give written notioo of termination tCI contractor at least thirty (30) days prior to the end of its current fiscal yl!llr. In \he ~wt this ngrcemenl is tenninuted pursuant to this p~ragraph, County will pay to lilt contractor all regular contractual payments incum:d lh!Oug!Jthe end of such fiscal year. The termination of the contract pursuant to this parngraph sh~ll not cause anypenolty to be charged to the Cou11ty or the ccntrnctor.
4. (Deleted)
5. A!'!T1-0ISCRtM1Ni\TION CJ.AJJSE. The C(octractor ugrces: (a) to comply with the KonsD:l Act Against DiscrimioatiorJ (K.S.A. 44-10()1 el seq.) and tbe Knn.m Age Discrimination in Employment Act, (K.S.A. 44-1111 I!( 31i'q.) and the applic~t.le provisions of the Americans With Disabilities_ Act (42 U.S.C. 12101 e1 8eq.) [ADA] ~nd to not discrimin~te ~gairJSt any person because of race, religion, color, sex, disability, national origin or anccytry, or age in !he admission of nccess lo or treatment or employment In, its rn-ogram! or activities; {b) to include in all sclicitntion~ or ~dverti~ments for employees, the phrase "equal opponunlly employer''; (c) to comply with tile reporting fe(!Uiremen!l; set out in K.S.A. ,14-1031 and K.S.A. 44-lll6; (d) to ioclude those provisions in every suboonlmct or purchnse w-der so tlmt they are binding upon such subcontractor or vendor; [c) Uta! a failul'l: tr;~
co1nply wi111 the reporting requirements of (c) abo~e or if the contractor is found guilty Clf any viclntkm of :;ucll nets by the Knnsas Humnn Rigb!S Conuuission, welt violation shall constitute 11 bl'l:ac!t of contract; (f) if th<; contrn<:ting ag.::ncy determines that the contractor hit5 v iol~tcd applicable pro~isions of ADA, ltmt viohltion shall co~~Jtitut<: a breach of contract: {g) i( (e) or .(f) occurs, the COlltnet may be oancclled, terminated CIJ suspw.ded in wholo or in part by the County, Putics to this contract understand that subsections (b) through (e) of t1Ji5 paragraph number 5 !lf'e uot nppl~Bble to a eontrector who employs f~we.r !ban four cmpiCiyees or whose ~011tract with the County totals S5,()00 or less during tliis fl.'ical y~r.
Ap)'Jroved as to LGgaiUy and Form: Date w)·/ ~
v ASST. CO. COUNS OR
6. ACCF.PT.I.NCE Ov CQNT!l.ACT. This contract shall not be considered accepted, uppwved or otherwise effective until the required approvnls and ccrtifieations have bee.~ given and this Is signell by the Board of County Commissioners oflhe County CJfShawnee, K~nSIIS.
7. AnatTWJON, DoMACif.S. WARRANTIES. NonvithstD!lding any language to the contrary, no interpretation shall be jiiiQw~ to find the County has _agreed to bi11ding urbilll1tion, or the p!l)'ttiCnt of damag!}S or penalties upon the occum:n~ of a contingency, Further, the County sholl not ngree to pny atlomcy fee.! tu1d lute pRyrn~nt charges, and nu provisions will be gi\len effect which attempts tQ e.~~cludc, modil}t, disdaim or cthcrwi~e attc111pt to limit lmpli~d WIUTllnties of merohantllbitity and fitness for a particular pUf]JOSI!.
a. RErnr.sENTAnVE'S AtiTHORIT¥ To CQNTRAcr. By signing this dcoumenl, the rcpre$entudvc of the contractiJr thereby represenls tlmt such per:;on is duly auth.oriz.ed by the contractor to exeCIIte thjs document em IM:Iullf of th<: contractor and that the oontraeto.r agrees to be bouud by the provislons thcreuf.
~. REsPOI'IStBil.ITX FOR TAi'<ES. The County shall not be responsible for, no.r indemnify n contractor for, any federal, stnte or local \lUI:es which may he imposet.IIJr levied 11prm the sLtbject maucr oft his coolracl.
10. TNSURA.NCE. The County shall not be l'l:quired to purchase, any insurnnce against Joss or dam~ge to any personl!l prop my to which thls conlnlct rclntes, nor shall t!Jls contTIItt require the Cmmty to estatll ish a "self-instlrance" fUnd to pwtect ngainst any .rucb loos or damage, Subj~t to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 61 nq.), the vendOI' or lessor shall bear the risk or my loss or damage to ony person~ I property lo whicb ¥cndoror lessor holds lillc.
II. Al!TOi\1AJKD CLF-A!l!NG HQl!SE (ACHl. Shuwnce County prefc~ to' pay its vendor invoices via electronic funds transfers through the nutornated clearing house {ACH) netwurk. Shawnee County may requirevendors to ~cept payments via ACI--l To initiate payment of invoices, vendors ~hall execute the County's ~tl!lldord ACH Vendor Payment Authorization Agrllcrnent. Upon verification of the datu provided, the Paym~nt Authorizulion Agreement willlltllhorizc the Cuu~ly to dePQsit pnyment for services render<:ll or goods provided directly into vendor accounts with finpncial irwtitutions. All payment:~ shnll be made in Unik:d Stttes eumncy,
VENDOR!~•
(
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COLORADO STATE UNIVERSITY HEALTH NETWORK
'
Shawnee I ~ounty '' ~ r '; P.arKs+ ~ recreation December 17,2018
TO:
FROM:
RE:
Board of County Commissioners Shawnee County
John E. Knight, Director \ 1
Parks + Recreation J
Project Budget Request
Purpose: Board of Commissioners approval is requested for the attached project budget totaling approximately $412,155 utilizing Excess Reserve Funds. The Individual Management Plan (IMP) Committee evaluated the proposed project budget request and analyzed the information, including site classifications, purpose, use and community benefit. AU projects shall adhere to the Sha'W11ee County Purchasing Policy, including proposals and qualifications.
Justification: On June 18, 2018, the Board of Commissioners approved the department's request to utilize the Excess Reserve Funds for components that address specific outcomes related to deferred maintenance needs.
In reference to Chapter 7 of the Commission for Accreditation of Park and Recreation Agencies (CAPRA), the llv1P Committee proposes having physical resource planning and management plans as a requirement. Operations of parks and facilities with respect to the Facility and Land Use Management Policy (FLUM:P) are essential to ensure quality and positive experiences. As noted below the request addresses specific outcomes related to each proposal and will be included in future IMPs being developed for each respective park. As these management plans are implemented, the proposals supporting such will be refined and improved while addressing deferred maintenance. A brief summary of this proposal is as follows.
East Edge Road (37th- 45th) Asphalt Reclamation- Quadrant 4 Project is to reclaim the section of Eastedge Road from 37th Street to 45th Street. The full depth reclamation is a process that grinds existing road surface and uses the material for base of a new layer of asphalt. Public Works has successfully used this process and is confident in the results
parks.snco.us
• 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-6800
lasting many years. A Request for Proposal (RFP) will be developed for best price. Allowances would be made to maintain access to the Lake Shawnee Golf Course during construction.
JEK!lrk RL Attachment
JEK/lrk JB
Project Name East edge Full depth asphalt reclamation Project Manager---"'=""''-'-'="';;B"'oy"d;""'"-'==="---
Location: East edge road 37th to 45th Timeline: ----===, ":". =:;20'"1:"9'-"--"""------
3R Component Park Roads and Parking Lots
Proj~#-----~----Quadrant 4
Requires contracted professional services? Y N
Requires Project Exemption Certificate? Y N
Est. Hours ____ _ Est. Cost ____ _
Attach a detailed description of the project and corresponding documents.
This project budget documents the estimated costs and funding source(s). The project manager will assume ownership of the budget for the entire project.
~ ~1\Ce:.~E Estimated
and all other costs. Cost " Phase I '"phalt' $ I$
$ -$ -s -s -$ -$ -$ -
IS -IS - .
IS -IS -
---
IS -IS -IS -Is -Is -Is -Is -Is -
-. . . . . . .. · 150.00 $ ).00 . . . . · ..
Approved By \ ~ .. · . '-'1£'. Dat" { 2. - I 3 - f i Reviewed and
IMP ~t~' Approved By
SCP+R Director ~ ..( Date: 1),-17-dl
Distribution: ________________ _
SHAWNEE COUNTV DEPARTMENT of PUBLIC WORKS
1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66818-2867 785-251-6101 FAX 785-251-4920
MEMORANDUM
Curt F. Niehaus, P.E. Director of Public Works
County Engineer
Date: December 18,2018
To: Board of County Commissioners
From: Curt F. Niehaus Director of Public Works and Solid Waste
Re: Request to create and fill a Fleet Supervisor position in the Department of Solid Wasle at a proposed salary, including benefits, of $64,508.72 (classitlcd non-exempt, salary range 16, step 1 ).
Please accept this request to create and fill (including any subsequent opening resulting from filling this position) a Fleet Supervisor position in the Department of Solid Waste. This position's duties and responsibilities would be nearly identical to those of the present Fleet Supervisor position in lhe Department of Public Works. The only difference being that this new position would be solely responsible for Solid Waste's equipment fleet. This position would report directly to the Deputy Director of Solid Waste.
Presently the Fleet Supervisor in Public Works manages the equipment fleets of both Public Works and Solid Waste, but due to overwhelming and often times competing demands (i.e. snow and ice events vs. daily trash pickup) from each of the two depm1ment's fleets, certain important leadership and administrative funclions are not being performed.
This proposed position will be 100% funded from the Solid Waste budget. Public Work's Fleet Supervisor is presenlly 50% funded by Public Works and 50% funded by Solid Waste, but will become 100% funded by Public Works once Solid Waste's new Fleet Supervisor is fully trained. Public Work's Assistant Fleet Supervisor position will remain 50% funded each by both departments since this position will assist both Fleet Supervisors.
In summary, having a dedicated Fleet Supervisor in the Department of Solid Waste will lead to improved supervision of equipment maintenance staff, the improved reliability of Solid Waste's and Public Works' equipment and improved communication within the Department.
Memo to Board of County Commissioners December 18,2018 Page 2
This proposal has been discussed with the Department of Audit-Finance. Neither the proposed position nor the resultant changes in funding described above will have any adverse impact to either Public Works' or Solid Waste's budgets.
This position has been approved by the Department of Human Resources.
A position description is attached.
POSITION NUMBER:
SUA WNEE COUNTY, KANSAS Position Description
Equipment Fleet Supervisor
SW FLSA STATUS:
POSITION DESCRIPTION
N
Under general supervision, this position supervises the Solid Waste shop personnel, participates in skilled mechanical repair work, and oversees the operation of the equipment repair facility. Perfonns other duties as required. This position is supervised by the Deputy Director of Solid Waste.
WORK PERFORMED
40% Supervision. Supervises staff with respect to accountability for performance and behavior including approval of absences to conform with personnel needs, discipline of employees, staff development and training, completion of performance evaluations and other personnel related functions. Participates in the hiring and promotional process. Instructs stair on proper completion of tasks. Personally inspects and reviews work of staff that is in process and to ensure that projects are complete. Establishes work schedules and assigns work. Checks work procedures and products. Instructs mechanics in diflicult repair procedures. Supervises the servicing of equipment. Inspects tools and equipment tOr proper use and care. Inspects equipment to determine need of repair. Assists in designing and supervising fabrication of new and special equipment.
30% Reporting. Prepares necessary work orders. Maintains various records and employeelime sheets. Prepares reports as required. Assists in miting spedfications for new solid waste tleet vehicles and solid waste collection equipment.
10%, Scheduling. Plans and schedules revolving preventive maintenance programs for vehicles and equipment.
10% Safety. Enforces safety rules and regulations.
10% Inventory. Purchases shop supplies and repair parts.
Page 1 of4
Shawnee County Position Description Solid Waste Fleet Supervisor (SWx:xxx) KNOWLEDGE, ABILITIES AND SKILLS Knowledge of: • Human resources management including hiring practices, disciplinary procedures, terminations, etc. • Labor contracts and labor practices. • Supervisory rcsponsibililies and effective leadership skills. • The standard practices, methods, tools, equipment and materials used m the repair and maintenance of motorized solid waste collection equipment. • The occupational hazards and safety precautions of the trade. • The operating principles, operation, mechanics and safety specifications of equipment and internal combustion engines, including gasoline and diesel engines. • The operating principles, operation, mechanics and safety specifications of hydraulic systems. • The parts suppliers and their prices. • Record keeping and report writing. Ability to: , Plan, direct, assign, supervise and inspect the work of automotive and diesel mechanics. • Diagnose repair needs and make estimates of time/materials needed for mechanical/welding repairs. • Determine whether replacement of parts or equipment is more economical than making the indicated repairs. • Maintain required records. • Operale mechanical testing and repair devices for servicing and repairing equipment. • Read mechanical diagrams. • Utilize automotive computer diagnostic equipment. • Make welding and cutting repairs. • Communicate effectively, both orally and in writing, using the English language. • Be available for emergency call in. Skill in: • Providing leadership and direction to employees. • f.ocating and correcting defects in automotive and heavy equipment. • The care and use of all standard tools and equipment of the trade to diagnose defects and repairs. • The opemtion of1he machines and equipment used in testing, repairing and adjusting motors and parts.
PHYSICAL REQUIREMENTS N-Never 0-0ccasional
Shawnee County Position Description Solid Waste Fleet
Personal Computer Printer
Telephone Calculator
MINIMUM QUALIFICATIONS
High School Diploma or GED Certificate.
Time Clock Pickup Truck
Analyzer
Six (6) years' experience as a heavy equipment mechanic. Two (2) years related vocational training may be substituted for the required experience on a year~ for~ year basis.
Valid Kansas Class 8 Commercial Driver's License (CDL) with 1anker endorsement and eligible to operate a County~owned vehicle (HR~2013~02).
Driving record that shows: No misdemeanor or felony convictions for traffic/vehicular offenses (DUJ, vehicular homicide, reckless driving, hit and run, etc.) on the driving record that are less than five (5) years old; No more than two (2) at fault or chargeable accidents on their driving record that are less than five (5) years old; No more than two (2) traffic infractions (speeding, failure to yield right of way, etc.) that are less than one (I) year old.
SPECIAL REQUIREMENTS
Required to pass a pre~employment/periodic CDL physical(s)/drug screen(s) and a review of driving record.
Required to lift sixty (60) pounds.
Required to work additional hours (mandatory overtime) and/or may be called to work based upon the immediate needs of the department, in a proven emergency situation, or as determined by the Appointing Authority.
This Position Description is not designed to list all tasks and responsibilities of this posilion. Shawnee County reserves the right to revise or change job duties as the need may arise. This Position Description does not constitute a written or implied contract of employment.
Page3of4
----------------
Shawnee County Position Description Solid Waste Fleet Supervisor (SWxxxx)
------------------------------
I have read and understand the duties and requirements for this position.
Employee's Signature I Printed Name Date
Appointing Authority's Signature I Printed Name Date
Created: 11118
Page4of4
, .................... ..... ....... ... ......... ............ .. . , SO% Public Works : Asst. Fleet Supervisor :
· ··---··--·-···---·---·······- -·-· · ················-------- --------~ •· ···· · ······ ·· ··· : Todd Nettleton : '· ...................... .. ........ .. ..... .. . . .... · '
Mechanics (1st Shift) Jim Reser
Marvin Linder
David Kopp
Mechamcs (2nd Shift) VACANT VACANT VACANT
Welders Victor Koci
Ken Reece
:"-i ~~~-~t~~-s-p~~~~ii~t--· ; FUTURE
Shawnee County
Department of Public Works
1515 N.W. SALINE STREET· SUITE 200 ·TOPEKA, KANSAS 66618-2867 785-251-6101 FAX 785-251-4920
CURT F. NIEHAUS, P.E. DIRECTOR OF PUBLIC WORKS
MEMORANDUM
Dale: December 19, 2018
To: Board of County ComrnissionCTh
From: Thomas F. Hanagan, P.E. V~~ J frJ'~ Deputy Drrector of Public Works '
Re: REVISED Project Budget SE 29u' Street: I-470/KTA Bridge to SE Croco Road Project No. S-121 037.00
Attached for your consideration and approval is a REVTSED Project Budget for the widening of SE 29th Street from the east end of the l-470/Kansa~ Turnpike Authority (KTA) Overpass Bridge to a point approximately 600 feet west ofSE Croco Road.
Board of County Commissioners approved the original Add Alternate Project Budget, which included the widening of SE 29u' Street to five lanes, reconstructing the existing bridge ovl:r Dccr Creek and constructing a12' wide combination pedestnan!bicycle sidewalk to the north side of the existing I-4 70/KTA Bridge, on October 5, 2017. That approved budget needs to be revised to allow for increased costs for construction.
Bids for the project were received by the Board of County Commissioners on December 19, 2018. The higher bid prices received are attnbutable to the following:
• Escalation on material costs behveen October 2017 and December 2018 for such items as Reinforcing Steel, Asphalt Oil and Concrete.
• As project plans were finalized after October 2017, additional storm sewer piping was required to manage storm water runoff.
• SNCO IT Department requested a 2" dia. conduit be designed, supplied and installed as part of the project to accommodate the placement of a new fiber optics cable to serve the Shawnee County Parks & Recreation Complex located at SE 29th & Aquarius Drive.
Project Funding Sources: This project is being funded from a combination of funding sources as listed below.
o 2004 Countyw"ide Yz cent Sales Tax residuals transferred from Willard Bridge to SE 29111 over Deer Creek Bridge (approved by BCC March 22, 2018)
o 2017 -2032 Countywide Y2 cent Sales Tax for Bridges, years 2018 & 2019 o FFY 2018 and 2019 Federal Fund Obligation Authority available for Exchange
""ithKDOT o Public Works Operating Budget: lOPWOOD I 50506, years 2018 & 2019
It is the recommendation of the SCDPW that this REVISED Project Budget be approved.
attachments
REVISED
ADD ALTER!\' ATE PROJECT BUDGET SE 29th Street- KTA Bridge to SE Croco Road
Project Number: County S-121037.00
LOCATION:
SE 29th Street' Eastside of 1-4 70/KT A Bridge to SE C1ooo Road -Phase 1: I-470iKTA Bridge East to SE Wittenberg Road (2019) Phase II: SE Wittenberg Road to SE Croco Road (2020)
l-4 7/KTA Bridge modification addmg 12' stdewalk to the northside - 2019
DESCRIPTION OF PROJECT'
Widen SE 29th Street from the I-470/KTA Bridge to SE Croce Road (approx. 6,600 LF) to a 5-lanes Urban Arterial with .curb & gutter, 1 0' pedestnan/bicycle trail. Replace the existmg 3 - Corrugated Metal Arch Spans with Masonary Headwalls bridge with a 88' long x 54' span prcca~t ConSpan BSeries bridge Install new traffic control signal system at SE 29th & West Edge Road ar1d a new pedestrian crossing signal east ofSE Aquarian Drive. Wtden the extstmg 1-470/KTA Dndge to accomodate a 12' wide combineatiou pedestriau/bi(;ydc sidewalk to the north~ ide oflhe bridge.
SOURCE OF FL'NDS:
Resid•1als Transferred from S-121015.00 (Willard Br.) to S-121 03 7.00 (SE 29th) 2004 Countywtde 112 cent Sales Tax Residuals 2017 Countyv.•tde l/2 cent Sales Tax for Bridges FFY 20 !8 & 2019 Federal Obligation Authonty available for Exchange with KDOT 2018 & 2019 Transfer of funds from PW Operating Budget \OPWOOO I 50506 to 36IFOOO J 39100000 to 32BPOOO I 395002713
PROJECT COST ESTIMATE·
Octobc<S, 2017 'D(l))
ROAD Bddge
REVISED SE 29th: T-470/KTA
ITEM Be to Ccoco Rd
'
Utility~
Om Cc": Pcece>t Bcidgc @
TOTAL
PROJECT ENGDI'"EER: T. Flanagan REVISED Project Budget Approved by BCC:
I
5510,250
S130,00
$0
'
'
J-470lKTA Ar Road & Bridge Road & r,
~ :::t.ffi $130,00(
$( $0,00
$9,510,75(
' ~ Shawnee County }
DEPARTMENT OF HUMAN RESOURCES Angela K. Lewis, Director
200 SE ?'", Room B-28 Topeka, Kansas 66603 Phone: (785) 251-4435
Fax (785) 251-4901, www.snco.us
MEMORANDUM
TO: Board of County Commissioners
FROM: Angela K. Lewis, Director of Human Resources
DATE: December 18,2018
RE: 2018 Blue Cross Blue Shield Contract
Please place this item on the Thursday, December 27, 2018, agenda for the regularly scheduled
meeting of the Board of County Commissioners.
Please consider approval of the attached contract with Blue Cross Blue Shield. There is no
change to the plan deductible or co-insurance rates. Telehealth has been removed from the plan, and electric breast pump coverage has been added to the covemge.
Please contact me at ext 4440 if you have any questions about this item.
Cc: Betty Greiner, Administrative Services Director James Crowl, County Counselor
Group Name: Shawnee County
Effective Period: 11112019-1113112019
ASO - Summary of Charges
EARLY FINAL **SOlD**
Group#: 96229 ,. •. 96229
-oJA**
1. Benefit Summerv Blue Choice -Como Maior Medical $1.000/$3.000 deductible: ($2.000!$6.000 coins. @! 80/20); $30 OVC 'Mth $300 Lab/Xray rider: $200 ER copay; Accidents subiecl to deductible and coinsurance: Unlimited Lifetime Max.: Dependents to 26: OB Benefits available to all Emplovee and Soouse only Excludina Dependents of Dependents: Mental Health Paritv: HCR Preventive Services includina orte colonoscopv @1 00% annually; Skilled Nursioo: Annual Health Or~lv Out of Pocket Maximum $3.000/$9.000: Includes Alltism Coveraoe: Includes Local Telemedicine {Excludes Amwelll: Excludes 8ectlve Abortions: One Electric Breast Pump covered at 100% {uo to $400 maxl oer benefit period
2. Monthly Expected Claims -Incurred Basis A) Health and Office Visit Copay
2A. Annualized Expected Claims•
28. AaareAate Attachment Point c& 115%•
Emo 49953
$499.53
"Initial Aggr&Jale AltachmNII Point wUI be based on lilY/ mmlh's enrrilment
2C. Annualized Estimate of Value Based Services
3. Monthly Billed Cha-ges A) Administration Expense 41.87
Bl Aqqreqate Stop-Loss@ 115% 5.91 wl Monthly Aooreqate
C) lndividLJal Sloe-Loss@_ $200.000 45.62
$93.20
3A. Annualized Billed CharQes•
4. Total Monthly Llabllltv at Expected $592.73 4A. Annualized Llabllltv at Exuected• 48. Annualized Liability at ExDected lnt:ludln!l Value Based Services
5. Total Monthly Liability at 115% $667.66 5A. Annual Llabllltv at 115% (&Xcludes Value based Services}
E!Ch EISD 754 28
$754.28
$6.007.814.52
16.908.986.70
$10.448.28
41.67 4.1.67
7.45 8.92
57.48 86.89
$106.60 $119.48
11.050.300.48
$736.00 $873.76 $7.058,115.00 $7.068.563.28
$830.41 $986.9Q $7.959.287.18
E/Deos 914.13
$914.13
41.67
10.82
83.49
$135.98
$1.050.11
$1.187.23
•sased On Contract Counts of Healtl1: 549 Emp -17S E/Ch- 49 E!Sp- 84 EJDaps
,.,.BLUES ENROLLMENT: BEH-
AQreement to retum 80% of the 2019 contract year rebates. Distributions will begin in
ALJgust 2019 based on rebates received with additional rebates dlstribllted auarterlv.
... HCR GRANDFATHERED GROIJP: NO ...
... MEETS MINIMUM VALUE· Y-
Siatled bY:
Blo"Cms~
BlueSbitld orKansu
Cla.~silied: Cc!Jlonl!e
M i<>d•p"""'"tLi=•"'oflhe Bluo c,.,., on<l lllu.Sh"ld
!Wocildion
Date Sianed: ----
Actuari:o! R~rc:h 1211712018
Group Name:
Effective Period:
Health and Drugs
Health and Drugs
DlueCross BlueShleld or Kilfllial
AW Operating Expense I stop-Loss Rates
Shawnee County **SOLD** 1~/2019 -12131/2019 EARLY FINAL
.onm 45.62 $45.62
Type Bertefil 0961496 lndMdual S-L@ $200,000
MONTHLY RATES
E!Ch E/Sp EIDeps 57.48 68.89 83.49 $57.48 $68.89 $83.49
Classitkd: Curporate
An Independent Lic~nsee of the Bille Cross and Blue Shield
Asscciat1on
Group#: MPN:
96229 96229
FINANCIAL CODE' 005
Acwarial Research il/15/2018
::>1-11-\WNEE COUNTY CONTRACT iit;ci;sZ-.)olg"
.. BlueCross BlueShield of Kansas
An lndepencient Ucensee af tM Blue Cress Blue ShJeld Assoeltulon.
AGREEMENT TO PROVIDE ADMINISTRATNE SERVICES FOR A SELF-FUNDED HEALTH BENEFIT PLAN
(INCURRED BASIS)
This Agreement is entered into by and betvreen BLUE CROSS AND BLUE SHIELD OF KANSAS, INC., (hereinafter "BCBSKS") and "Company" {as named below) for the purpose of providing for administration by BCBSKS of Company's self-insured health benefit plan, which has been adopted by Company for the purpose of providing certain health benefits to all eligible members (hereinafter "participants") under the terms and conditions set forth herein.
1. BCBSKS is a corporation organized and domiciled in Kansas and is authorized by law to provide administrative sentices to an employer or voluntary employees' beneficiary association whicl'1 provides health care benefits to its employees or members.
2. Name of Company: Shawnee County Name of Benefit Plan: Shawnee County Title of Plan Administrator for Benefit Plan: Human Resources
Benefit Plan is established by Company for beneficiaries (which term includes "participants" or "subscribers") of the Benefit Plan.
3. The parties agree that Blue Cross and Blue Shield of Kansas, Inc., has been retained to administer claims and is not the insurer of this Benefit Plan. Blue Cross and Blue Shield of Kansas, Inc. provides administrative claims payment services and does not assume any financial risk or obligation with respect to claims, except to the extent benefits are paid under any stop loss coverage.
4. Any dispute arising between the parties to this Agreement shall be resolved according to the Dispute Resolution Procedure stated in this paragraph #4.
A. The Dispute Resolution Procedure shall not apply to the rights of participants in purSJ.Jit of benefits, eligibility or other participant rights under the Company's self-insured health benefit plan.
B. The Dispute Resolution Procedure shall apply also to the parties when one of the parties is a member of a purported class in a class action case.
C. Description of the Dispute Resolution Procedure.
(i) Inquiry/Reconsideration. The party asserting a disputed matter shall make written inquiry through its signatory to this Agreement_ addressed to the other party's signatory dearly identifying the subject as one made pursuant to this Dispute Resolution Procedure. The written inquiry must Include facts stated with sufficient specialty for the other party to understand the nature of the dispute. The party receiving the inquiry shall make good faith efforts to respond in writing to Ule inquiry within 30 days.
(ii) If the inquiring party Is not satisfied with the response, it may make a written appeal within 30 days after receiving the other party's response to its inquiry. The appeal shall state the basis of the dispute, why the response is not satisfactory, and the proposed method of resolving the dispute. The receiving party shall make a good faith effort to respond in writing within 30 days.
(iii) If the matter remains unresolved after inquiry and appeal either party may request non-binding mediation by submitting a written request within 30 days of receipt of the other party's appeal response. Mediation shall proceed only if both parties agree to the mediation. Upon agreement the parties shall cooperate in good faith to designate a mutually acceptable mediator who is qualified to consider the issues likely to be raised during the mediation and within 30 days after the parties submit the dispute to mediation. The parties shall equally share the mediator's fees and costs, although each party shall be solely responsible for its costs of participation, including its attorney fees. The mediator
FORMAP-0001 01119 Page 1
may terminate any mediation if either party fails to comply with applicable rules or deadlines or if the parties are unable to voluntarily resolve their dispute.
(iv) If the parties are not able to resolve their dispute by the procedures described above, the matter shall be submitted to binding arbitration pursuant to the Federal Arbitration Act and according to the then current Commercial Arbitration Rules of the American Arbitration Association. Either party may make a written demand for binding arbitration within 30 days after it receives a response to its appeal or the condusion of the mediation of the dispute. The venue of the arbitration shall be Topeka, Kansas unless otherwise agreed. The arbitration shall be conducted by a panel of three (3) qualified arbitrators, unless the parties otherwise agree. The arbitrators may sanction a party, induding ruling in favor of the other party, if appropriate, if a party fails to comply with applicable procedures or deadlines established by those Arbitration Rules.
Each party shall be responsible for one-half of the arbitration agency's administrative fee, the arbitrators' fees and other expenses directly related to conducting that arbitration. Each party shall otherwise be solely responsible for any other expenses incurred in preparing for or participating in the arbitration process, induding that party's attomey's fees.
The claimant shall pay the applicable filing fee established by the American Arbitration Association, but the filing fee may be reallocated or reassessed as part of an arbitration award either, In whole or in part, at the discretion of the arbitratorlarbitration panel if the claimant prevails upon the merits. If the claimant withdraws its demand for arbitration, then the claimant forfeits its filing fee and it may not be assessed against BCBSKS.
The arbitrators: shall consider each claimant's demand individually and shall not certify or consider multiple claimants' demands as part of a class action: shall be required to issue a reasoned written decision explaining the basis of their decision and the manner of calculating any award; shall limit review to whether or not the Benefit Plan's action was arbitrary or capricious; may not award punitive, extra-contractual, treble or exemplary damages; may not vary or disregard the terms of the Provider's participation agreement, the certificate of coverage and other agreements, if applicable; and shall be bound by controlling law; when issuing a decision concerning the Dispute. Emergency relief such as injunctive relief may be awarded by an arbitrator/arbitration panel. A party shall make application for any such relief pursuant to the Optional Rules for Emergency Measures of Protection of the American Arbitration Association (most recent edition). The arbitrators' award, order or judgment shall be final and binding upon the parties. That decision may be entered and enforced in any state or federal court of competent jurisdiction. That arbitration award may only be modified, corrected or vacated for the reasons set forth in the United States Arbitration Act (9 U.S. C. §1).
5. BCBSKS provides administrative claims payment services only and does not assume any financial risk or obligation with respect to claims.
6. Plan Administrator hereby expressly delegates its authority to BCBSKS to perform the services and provide the supplies, forms and materials set forth in this Agreement in connection with the administration and operation of the Benefit Plan. BCBSKS agrees to perform the following services on behalf of Company and at the direction of Company's designated Plan Administrator:
A Provide general administrative, accounting, data processing, cost control, marketing, claims processing, fiscal and other related services to Plan Administrator on the same basis and in the same manner as provided to Plan Sponsors and Plan Administrators of Benefit Plans whose benefits are underwritten by
BCBSKS.
B. Advise and assist in a consultative capacity with regard to the benefits under tile Benefit Plan and any subsequent revisions of the Benefit Plan as may be deemed appropriate from time to time, Including advice and assistance witll respect to provisions relating to eligibility, effective dates, coverage and cessation of coverage under the Benefit Plan.
C. Administer the Coordination of Benefits, Third Party Liabillty, and Pre-existing Conditions provisions of the
Benefit Plan.
D. Produce and provide Benefit Descriptions and Identification Cards to Benefit Plan participants.
FORM AP-0001 01119 Page2
E. Establish, maintain and update records relating to Benefit Plan participants' eligibility for benefits, and timely respond to inquiries and appeals of Benefit Plan participants and appropriate third parties regarding benefits, claims processing and participant status.
F. Advise Plan Administrator with respect to claims procedures and assist with the implementation of procedures including those for submission of claims. All claims for benefit payments shall be made on forms satisfactory to BCBSKS. BCBSKS shall, at itJS own expense, design, produce and provide daims and administrative forms to Plan Administrator for the use of Benefit Plan participants.
G. Process claims and exercise full discretionary authority In construing benefits for claims submitted and determine the amount of benefits for which Benefit Plan participants are eligible in accordance with the terms and provisions of the Benefit Plan. This construction of benefits for claims shall be the exclusive responsibility of BCBSKS and will include the following when deemed appropriate by BCBSKS:
(i) Professional evaluation of claims by BCBSKS medical slaff and medical consuRants;
(ii) Crllical examination of charges for medical services lhal are identified as exceeding BCBSKS' established criteria, discussion of such charges with the providers of services as appropriate, and determination of benefits, based on BCBSKS' criteria and any such discussion with the provider of sucl1 services;
(iii) Review of claims to establish medical necessity, cost effectiveness or experimental/investigational status of seiVices rendered or expenses incurred; and
(iv) In processing claims, determine if utilization review requirements were met, if large case management procedures were followed and determine the amount of any reductions in benefits when such requirements are not met or such procedures are not followed. BCBSKS Is responsible for and shall provide personally or through contract for any utilization review, precertification, cost-effective or case management services.
(v) For the purposes of this Agreement, a covered service is considered to be deemed incurred on the date of seiVice, except for bed-patient Hospital or Medical Care Facility services and Doctor's Medical Services provided to bed-patients, in which case rendered services shall be deemed incurred:
1. For admissions occurring prior to the effective date of this Agreement, on the effective date. Benefits shall only be provided for seiVices rendered on or after the effective date.
2. For admissions occurring on or after the effective date of this Agreement, the date of admission. However, should this Agreement terminate prior to the release of a Benefit Plan participant from such Hospital or Medical Care Facility, benefits shall only be provided for those services rendered up to and including the termination date. In the event the Company has Included in their benefit description a provision extending coverage for 31 days for Benefit Plan participants confined in the hospital on the termination date of their coverage, benefits shall only be provided for those services rendered up to the earlier of the date the Benefit Plan participant is discharged from the hospital or end of the extension. Benefits available under any such extension of benefits provision shall be secondary to the benefits of any subsequent replacement group health benefit plan or policy intended to provide continuous coverage as of the effective date of the replacement policy.
H. Compute and verify the amount of benefits, and prepare and furnish each claimant an appropriate statement of benefits.
I. Make payment of approved claims or amoonts due to BCBSKS participating health care providers for health care benefits provided to Benefit Plan participants. Such payments shall be issued in the manner described in Attacl1ment A hereto.
J. Assist in establishing banking arrangements to provide for the payment of benefits under the Benefit Plan.
K. Furnish a weekly accounting to Plan Administrator of all payments of claims made under the Benefit Plan.
FORM AP-0001 01/19 Page 3
L Notify claimants of denied claims and the reason for denial.
M. BCBSKS shall have discretionary authority and fiduciary responsibility for provision of full and fair review of claims, claim denials and appeals thereof. Final determination of payment or denial of claims or of appealed claims shall be made by BCBSKS follO'Ning appropriate analysis and review which may include consultation with the Plan Administrator. Plan Administrator will promptly submit to BCBSKS any request it receives for a review of a claim for benefits which has been denied, in order that BCBSKS may provide a full and falr review of the claim.
N. BCBSKS shall provide Plan Administrator with such claim or statistical information and underwriting and actuarial services as may be reasonably required by and legally provided to Plan Administrator.
0. Make available to Benefit Plan participants who terminate their coverage under the Benefit Plan for reasons described in the Summary Plan Description an individual contract for benefits for health care services, which availability Company agrees to describe in the Summary Plan Description in a manner acceptable to Plan Administrator and BCBSKS.
p. Prepare and file Fom1 1099 with the Internal Revenue Service of the United States Department of the Treasury and send separate statements to providers of medical services furnishing information, as required by the lntemal Revenue Code and Regulations thereunder, regarding amounts paid to those providers on behalf of Benefit Plan.
Q. Provide Plan Administrator with such accounting and other infom1ation at such times as necessary for Plan Administrator to file reports required in connection with ERISA.
7. Company and Plan Administrator agree to reimburse BCBSKS for all amounts properly advanced by BCBSKS for the payment of claims under the Benefit Plan, under the terms and provisions described in Attachment A to this Agreement BCBSKS agrees to pay claims for benefits in a timely manner and to timely bill Company for such benefits payments in the manner described in such Attachment A
8. Company agrees to pay BCBSKS administrative fees as described in Attachment A for those services performed by BCBSKS under this Agreement.
9. It is the Plan Administrator's responsibility to evaluate, review, and detennine whether applicants, participants, and beneficiaries are eligible for participation based on the eligibility criteria agreed to by Company and BCBSKS. Plan Administrator agrees to provide BCBSKS with a list of participants covered by the Benefit Plan in such form and with such additional data regarding such participants as are acceptable to Plan Administrator and BCBSKS. Company agrees to notify BCBSKS in a timely manner of any changes in a participant's employment status that also affects eligibility to participate in Benefit Plan. BCBSKS shall not be liable for any clerical errors or omissions made by Benefit Plan wtich result in extensions of benefits to a participant who was not eligible or denial of benefits to a participant who was not eligible or denial of benefits to a participant who was eligible. Any claims paid by BCBSKS as a result of such error or omission shall not be a liability of or chargeable to BCBSKS. Notwithstanding the foregoing and regardless of fault, BCBSKS shall make a diligent effort to recover overpayments or payments made in error, but shall not initiate legal proceedings for any such recovery on behalf of Benefit Plan.
10. The following provisions are applicable for the administration of benefits for the Benefit Plan participants who are not eligible for Medicare and who choose to continue coverage under the health care benefits program of the Benefit Plan through their rights under the Consolidated Omnibus Budget Reconciliation Act of 1986 and any amendments thereto, (commonly referred to as COBRA), and of the distribution of monies associated therewith.
A. The Company or Plan Administrator agrees as follows:
(1) To provide BCBSKS notice of any Benefit Plan participants who, as a result of a qualifying event under the provisions of COBRA, become eligible for continued group benefits under COBRA. The Company or Plan Administrator will provide such notice to BCBSKS within 14 days of the date that it becomes aware of a qualifying event of a participant.
(2) To provide the participant who becomes eligible for COBRA as a result of a qualifying event, the COBRA Declaration Form, that has been provided by BCBSKS, so as to enroll such participant in this program of continued group benefits.
FORM AP-0001 01/19 Page4
B. BCBSKS agrees as follows:
(1) Upon receipt of the notice of tllose partidpants who are eligible for continued group benefits under COBRA from the Benefit Plan, and the request from the participants to be covered under COBRA, establish a COBRA membership for such participants and maintain that membership until such participants' rights expire under the provisions of COBRA.
(2) Bill the participant directly for such coverage as provided under the provisions of COBRA.
(3) BCBSKS' obligations apply only to those portions of the health plan BCBSKS administers.
C. BCBSKS will collect from eligible COBRA participants the applicable Benefit Plan premium plus an additional 2.0% as permitted under Federal Law. Tnis additional 2.0% will be retained by BCBSKS to offset the additional administrative expenses associated with the handling of COBRA coverage. The remaining portion of the premium will be returned to the Company or Plan Administrator less administrative fees otherwise applicable to the Benefit Plan under this Agreement including, but not limited to, those fees enumerated under Section 7 above, as well as any premiums associated with applicable stop loss coverage.
11. Inspection of Records:
At such reasonable times as shall be agreeable to Plan Administrator and BCBSKS, BCBSKS will make available for audit by Plan Administrator's designated auditors (during normal business hours) its files, books and records pertaining to tile Benefit Plan.
12. Standard of Care:
BCBSKS shall perform its duties and obligations under this Agreement in a timely fashion and in a careful and Prudent manner. "Prudenf' shall mean that level of care which a similarly situated claims administrator would exercise under Similar Circumstances. "Similar Circumstances" shall be determined by considering factors which indude but are not limited to: (1) the nature of the daims processed; (2) the volume of daims processed; and (3) the total amount of benefits paid. To the extent BCBSKS is functioning as a fiduciary as that term is defined by ERISA, it shall discharge its duties with respect to tt1e Benefit Plan solely in the Interests of Benefit Plan participants and for the exclusive purpose of providing benefits for Benefit Plan participants and defraying reasonable expenses of administering the Benefit Plan.
13. Overpayment of Claims:
A. BCBSKS will exhaust all Prudent means of recovering all Overpayments it makes from the Benefit Plan. As used in this Agreement, "Overpayrnenf' means any amount which Plan Administrator and BCBSKS shall agree has been mistakenly or wrongly paid from the Benefit Plan, including duplicate payments, mistaken payments, payments in excess of that actually owed, and any other amount not required to be paid under the terms of the Benefit Plan. The Parties will cooperate in efforts to recover Overpayments.
B. BCBSKS shall indemnify the Benefit Plan for an Overpayment if it is determined, as specified in Section C of this Paragraph, that such payment was caused directly by an act or omission by BCBSKS which was: (a) criminal, fraudulent or dishonest; or (b) in intentional disregard of BCBSKS' obligations under this Agreement; or (c) part of a repetitive course of conduct which was so clearly in disregard of BCBSKS' obligations under this Agreement as to justify a presumption that it was intentional.
C. A determination of whether BCBSKS' act or omission was as described in Section B of this Paragraph, that such payment was caused directly by an act or omission by BCBSKS, shall be made by: (a) an agreement between Plan Administrator and BCBSKS; or (b) if Plan Administrator and BCBSKS cannot reach agreement, by a determination of an arbitrator in accordance with the Rules of the American Arbitration Association.
D. Company shall indemnify BCBSKS for direct out-of-pocket third party legal fees, disbursements and court costs incurred by BCBSKS to recover Overpayments unless, in accordance with Sections B and C of this Paragraph, BCBSKS must indemnify Company for the amount of such Overpayments. BCBSKS shall periodically inform Plan Administrator of the manner and status of its aHempts to recover such
FORM AP..Q001 01/19 Page 5
Overpayments and costs incurred as to the date of the statl..ls report.
E. If an Overpayment of Benefit Plan benefits was made at the written direction of Plan Administrator, Benefit Plan shall indemnify BCBSKS for the third party legal fees, disbursements and court costs incurred by BCBSKS to recover such Overpayment.
F. The provisions of this Paragraph will survive termination of this Agreement.
14. Recoveries by BCBSKS:
There may be circumstances in which BCBSKS recovers amounts paid as claims expense from the provider of service, from the subscriber, or from a third party. Such cire~.~mstances include rebates paid to BCBSKS by pharmaceutical manufacturers based upon amounts of claims paid by BCBSKS for certain specified pharmaceuticals, amounts recovered by BCBSKS from health care providers or pharmaceutical manufacturers through certain legal actions instituted by the company relating to the claims expense of more than one insured, recoveries by BCBSKS of overpayments made to heaHh care providers or to insureds, and recoveries from other parties with whom BCBSKS contracts or otherwise relies upon for payment or pricing of daims. In addition, such recoveries might include recoveries through subrogation. The following rules govem BCBSKS' actions witl1 respect to such recoveries:
A. In the event such recoveries relate to claims paid more than a year and 90 days before the recovery, no adjustment will be made to any deductible or coinsurance paid by a Benefit Plan participant and BCBSKS (subject to the limitations otherwise set forth below) shall be entitled to retain such recoveries. If the recovery relates to a claim paid within a year and 90 days, deductibles and coinsurances for a Benefit Plan participant will be adjusted if affected by the recovery, and Benefit Plan shall retain such recoveries as provided in 13.8-E. above.
B. If such recovery amounts to less than $500 attributable to any ~contract periodp (the period of time in which the deductible or coinsurance is calculated) for any Benefit Plan participant, no adjustments in deductibles or coinsurances will be made, and Benefit Plan (subject to the limitations otherwise set forth herein) shall be entitled to retain such recoveries for its own use.
C. If an individual is no longer covered by this benefit program at the time any such recovery is made, Benefit Plan (subject to limitations otherwise set forth herein) shall be entitled to retain such recovery for Its own use.
D. In the event BCBSKS receives rebates from pharmaceutical manufacturers based upon amounts of claims paid by BCBSKS for certain specified pharmaceuticals. BCBSKS shall be entitled to retain twenty (20) percent of such rebates for its own use, and no adjustments will be made to any daims paid on behalf of Benefit Plan, to deductibles or coinsurances paid by Benefit Plan participants, or to any other cost-sharing amounts. BCBSKS shall credit the remaining eighty (80) percent of sucll rebates to the Company's claims payment account generally on a quarterly basis but in all cases within ninety (90) days of receipt by BCBSKS. If this agreement has been terminated by either party prior to all accrued and awed rebate funds being remitted, BCBSKS shall instead remit the 80% share to the Company via check or wire transfer within the same ninety (90) day timeframe.
E. lf Company no longer contracts with BCBSKS at the time the recovery occurs, recoveries otherwise OWing to the Company pursuant to the foregoing will be paid to the Company if required under Section A above. Nothing, however, obligates BCBSKS to continue to pursue subrogation or ot11er recoveries after termination of this Agreement, and such active subrogation files as BCBSKS maintains shall be returned to the Company upon such termination.
F. BCBSKS has no obligation to pursue recovery from health care providers or manufacturers of health care products or services on behalf of Benefit Plan for causes of action arising out of violations of antitrust law, fraud, claims relating to fraud (including claims under the Racketeering Influenced and Corrupt Organizations Act), and its administration of subrogation provisions under the Company's Benefit Plan shall be limited in such circumstances solely to cases in which Benefrt Plan participants have individually initiated a claim or cause of action. Not'Nithstanding the foregoing, if (a) BCBSKS asserts a claim or cause of action against a party (other than Benefit Plan itself) arising out of antitrust violations or fraud by health care providers or manufacturers of health care products or services relating to claims paid by BCBSKS under insured contracts and (b) claims payments made by BCBSKS on behalf of Benefit Plan and Benefit
FORM AP-0001 01/19 Page 6
Plan participants would have been equally affected under the circumstances of such claim or cause of action, then Benefit Plan assigns to BCBSKS its rights under such claim or cause of action. If recoveries by BCBSKS in such a claim or cause of action are less than actual injury asserted by BCBSKS for itself and on behalf of Benefit Plan and other similarly situated Benefit Plans, then BCBSKS shall pay to Benefit Plan a prorated amount based upon claims costs under Benefit Plan compared to claims costs of BCBSKS under its insured programs. No adjustments of deductibles or coinsurances will be made for Benefit Plan participants in such circumstances. This assignment of a cause of action shall survive termination of this Agreement.
G. The total amount of any recoveries which are available for adjustments to claims of or payments to Company or for adjustments to cost sllaring of Benefit Plan participants of the program of Company in the form of deductibles or coinsurances will be reduced by the cost to BCBSKS to procure that recovery, including amounts paid in attorney fees, amounts paid to collection agencies or other entities obtaining recoveries on a contingency basis, and other costs.
H. In the event Company holds a stop-loss agreement from BCBSKS, any amounts recovered by operation of the subrogation provision will be applied to reduce the Claims Expense attributed to the Company under such stop-loss agreement. The effect of such reduction will be to eliminate from claims costs applied towards the Attachment Point under such stop-loss agreement amounts recovered through subrogation. In doing so, the following procedures will apply:
{1) The amount of subrogation recoveries applied will be the net amount of subrogation recoveries after eliminating the cost for recovery, Including attorney fees, if any.
(2) If BCBSKS has become liable under any such stop-loss agreement during a Contract Period, and the effect of such subrogation recovery, whenever made, would have been to reduce or eliminate such liability, then BCBSKS shall be entitled to retain such subrogation recoveries to the extent of its obligations under such stop-loss agreement, remitting to Company any balance.
(3) If the Company OOids both an individual and aggregate stop-loss agreement then the recoverles shall first be applied to reduce Claims Expense of the person with respect to whom the subrogation recovery was made. If the Individual Attachment Point under the stop-loss agreement was not met with respect to the person to whom the subrogation recovery applies, but the Aggregate Attachment Point was met, then such recovery shall be applied to reduce the claims applied toward the Aggregate Attachment Point.
(4) If the subrogation recovery is related to Claims Expense for more than one Contract Period, the subrogation recovery shall first be applied to Claims Expense with respect to the first Contract Period to whlch such subrogation applies; if the total of such subrogation recovery exceeds Claims Expense (using the roles set forth above wtth respact to Individual Attachment Points and Aggregate Attachment Points) for the first such Contract Period, then the excess shall be applied to each subsequent Contract Period successively until such subrogation recovery is exhausted.
(5) "Claims Expensen means Incurred Claims Expense if Company holds a stop-loss agreement on an incurred claims basis, and Paid Claims Expense If Company holds a stop-loss agreement on a paid claims basis.
15. Additional Charges to Company:
From time to time, BCBSKS may rely upon entities otller than other Blue Cross and Blue Shield plans to obtain negotiated prices far health care services. Typically, such otller entities charge a percentage of the amount of claims savings they negotiate. Company agrees that BCBSKS may charge such percentages as additional claims costs to the Company under this Agreement. However, such percentages will not be charged as claim costs to beneficiaries.
16. Employment of Counsel and Resolution of Litigation and Legal Fees:
A In the event of Litigation, each Party:
FORM AP-0001 01/19 Page?
(I) reserves the right to select and retain counsel at rts own expense to protect its interests (selection of separate coonsel pursuant to this clause will not affect any duty to indemnify that is otherwise imposed by this Agreement);
(ii) will promptly notify the other Party after Ieeming of Litigation;
(iii) wiU cooperate fully by providing the other Party with all non-confidential relevant information and documents within its control; and
(iv) will reasonably assist the other Party in the defense of Litigation.
B. In the event Company, Benefit Plan or BCBSKS is the sole named defendant in Litigation, such Party shall have discretion to defend, settle, compromise or otherwise resolve such Litigation consistent with the terms of this Agreement and of the Benefit Plan. Such Party shall keep the other Party fully informed of the status of the Litigation and any decision to settle, compromise or otherwise resolve the Litigation shall be communicated to and discussed with the other Party prior to any such settlement, compromise or other resolution.
C. In the event Company, Benefit Plan and BCBSKS are codefendants in litigation, the Parties will cooperate fully with each other to defend, settle, compromise or otherwise resolve such Litigation consistent with the terms of this Agreement and the Benefit Plan.
0. In the event any entity other than Company, Benefit Plan or BCBSKS, is named as a defendant in Litigation, Plan Administrator can elect to defend, settle, compromise or otherwise resolve such Litigation with respect to those Other Entities consistent with the term.s of this Agreement and of the Benefit Plan.
E. The undertaking to defend, settle, compromise or otherwise resolve Litigation pursuant to Sections B, C and 0 of this Paragraph includes the payment of any and all legal fees, disbursements, and court costs incurred in connection witt1 performing that undertaking.
F. As used in this Agreement, "Negligent" means the doing of some act which a Prudent claims administrator would not have done under Similar Circumstances or failure to do what a Prudent claims administrator would have done under Similar Circumstances.
G. In the event that BCBSKS decides to settle Litigation involving a claim for Benefit Plan benefits and any portion of such settlement Is paid or reimbursed from a Plan Trust, then, in that event, BCBSKS shall furnish Plan Administrator with documentation in support of such decision to settle that shows that BCBSKS fully considered the options available and the risks and benefits of settlement.
H. The provisions of this Paragraph will survive termination of this Agreement.
17. Indemnification Agreements:
A Except as provided in Section C of this Paragraph, in the event of Litigation, Company and Plan Administrator agree to indemnify BCBSKS for its reasonable attorneys' fees and costs and for any judgment, award or settlement (other than a judgment for or settlement representing punitive damages, which such judgment or settlement shall be tlle sole responsibility of BCBSKS); provided that BCBSKS keeps Plan Administrator fully ink>rmed of the status of the Litigation and the actions its counsel plans to take during such Litigation and provided that BCBSKS shall not settle or otherwise resolve such Litigation without prior consultation with Company and Plan Administrator.
B. In the event that BCBSKS decides to settle Litigation for which Company as Plan Administrator has agreed to indemnify BCBSKS, BCBSKS shall fumisl'1 Company with documentation in support of its decision to settle that shows that BCBSKS fully considered the options available and the risks and benefits of settlement.
C. Company is not obligated to indemnify BCBSKS, and BCBSKS shall reimburse Company or Benefit Plan for all reasonable attorneys' fees and costs incurred by Benefit Plan or Company in its defense of a claim and for any judgment, award or settlement (other than a judgment for a settlement representing punitive damages) paid by Company or the Benefit Plan, if it is determined, as specified in Section D of this
FORMAP-0001 01119 Page 8
Paragraph, that such fees and costs and such judgment or settlement was paid as a direct result of an act or omission by BCBSKS which was:
(i) fraudulent, criminal, dishonest, or Negligent (as defined in Paragraph16(F) of this Agreement); or
(ii) intentional or in willful disregard of BCBSKS': (a) obligations under the terms of this Agreement; or (b) its fiduciary duties under the laws of tile Stale of Kansas.
D. A determination whether BCBSKS' act or omission was as described in Section C of this Paragraph will be made by:
(i) a final determination in Litigation, or, if no such final determination was made;
(ii) by an agreement between Company and BCBSKS; or
(iii) if no agreement can be reached then by a determination of an Arbitrator in accordance with the rules of the American Arbitration Association.
E. Notwithstanding the provisions of this Paragraph, Company shall indemnify BCBSKS If BCBSKS' act or omission was taken under specific written direction of Plan Administrator.
F. The provisions of this Paragraph will survive termination of this Agreement.
G. In the event that this contract should be construed as an insurance contract and premium taxes or privilege fees assessed by any state autllority or levied in any other manner upon the claims payment amounts or administrative fees paid hereunder or charged hereunder, Company hereby agrees to Indemnify BCBSKS for any amounts actually paid by BCBSKS wlth respect to the operaHon of this contract under such an assessment of taxes or fees, such indemnification to be paid in a manner mutually agreeable to both parties and reasonably related to the nature of the tax.
18. Confidentiality and Data Use
As used herein, "Confidential Information" means non*publlc information that includes strategic and/or competitively sensitive information including, but not limited to, BCBSKS, the Blue Cross Blue Shield Association, or other BCBS company trade secrets, policies, procedures, data and processes.
Use of Confidential Information by the Company or Plan Administrator must be strictly for t11e purpose for 'Nhich it was disclosed, and may not be sold to any third party. Confidential Information, including claims data, obtained during the term of this Agreement may neither be de-aggregated in any manner to identify BCBSKS, other BCBS entities, andfor Member information, nor may it be coming led in any manner. Any disclosure of Confidential Information shall be limited to the minimum necessary to fulfill the purpose for which it was disclosed. Confidential Information must be returned or securely destroyed by the Company/Plan Administrator upon conclusion of the purposes tor which it was disclosed. In the event Company/Plan Administrator cannot immediately return or destroy Confidential Information due to legal, license, or other requirements, the Company/Plan Administrator agrees to maintain the confidentiality of such information until the expiration of said requirements. Company also agrees to notify BCBSKS within 10 days of any change in ownership. BCBSKS maintains the right to audit the Company/Plan Administrator to ensure compliance with these provisions.
19. This Agreement may be tennlnated as follows:
A. This Agreement may be terminated by either Party as of the end of any month by giving the other Party written notice sixty (60) days in advance of such termination date.
B. If t11e Company faijs to make any payments when due, BCBSKS shall have the right to terminate this Agreement without notice and without prejudice to any other rights BCBSKS may have with respect to the Company's obligations hereunder.
C. Any other date de1ermined by prior written agreement between Company and BCBSKS.
D. In the event of termination of this Agreement, BCBSKS will, unless Plan Administrator directs and BCBSKS
FORM AP-0001 01/19 Page 9
otherwise agrees:
(i) complete the processing of all daims payable under the Benefit Plan for se.vices provided by health care providers which were incurred by Benefit Plan participants prior to the termination date but not processed by BCBSKS on or after the termination date. Company's liability for continuing payment in the manner described in Attachment A for any daim '.Nilich has been processed to final adjudication shall continue for eighteen (18) months following the termination date. For any claim incurred prior to the termination date but not processed to final adjudication by BCBSKS by the end of such eighteenmonth period, Company shall assume total liability. BCBSKS shall transfer such records as It may have in its possession to enable the Company to address such liabilities. Examples of claims which may not have been processed to final adjudication include claims pended for pursuit of subrogation or other third-party liability responsibility determinations; and
(ii) release to Plan Administrator, In BCBSKS' standard format, all records and files relating to claims paid under the Benefit Plan pursuant to this Agreement.
E. If BCBSKS reasonably performs any services pursuant to this Agreement following Its terminatlon, including but not limited to services described in this Paragraph, BCBSKS 'Nil! be entitled to the fees, claims paid reimbursements or other charges on the same basis, and in the manner described in Attachment A, as if this Agreement had continued in effect until those services were performed.
20. The Company on behalf of itself and its participants hereby expressly acknmvledges its understanding this Agreement constitutes a contract solely between the Company and Blue Cross and Blue Shield of Kansas, which is an independent corporation operating under an agreement with the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans (the "Association"), permitting Blue Cross and Blue Shield of Kansas to use the Blue Cross and/or Blue Shield Service Marks in the State of Kansas and that Blue Cross and Blue Shield of Kansas is not contracting as the agent of the Association. The Company on bellalf of itself and its participants further acknowledges that it has not entered into this Agreement based upon representations by any person other than Blue Cross and Blue Shield of Kansas and that no person, entity, or organization other than Blue Cross and Blue Shield of Kansas shall be held accountable or liable to the Company for any of Blue Cross and Blue Shield of Kansas's obligations to the Company created under this Agreement. This paragraph shall not create any additional obligations whatsoever on the part of Blue Cross and Blue Shield of Kansas other than those obligations created under other provisions of this Agreement.
21. Entire Agreement:
This Agreement, including attachments, constitutes the entire contract between the Parties and no modification or amendment of this Agreement including renewals shall be valid unless made in writing and signed by the Parties.
22. This Agreement shall be effective Janual)l 1, 2019 through December 31, 2019.
1. Shawnee County
BY:. ________________________ _
TITLE:------------------------
DATE: ·------------~--------
FORM AP..()001 01119
2. BLUE CROSS & BLUE SHIELD OF KANSAS, INC.
BY:'--------------------------
TITLE''--------------------------DATE:. _________________________ _
Page 10
.. BmeCross mueSbield of Kansas
An lndependen1 t.an1" of tbe BIUI!II Cron Blue- Shield Au.oclalfMI.
AMENDMENT TO ADMINISTRATIVE SERVICES AGREEMENT
1. GENERAL
This is an Amendment to the Agreement To Provide Administrative Services for a Self-Funded Health Benefit Plan between Blue Cross and Blue Shield of Kansas, Inc. (BCBSKS) and "Company" as named in the Agreement to which this Amendment is attached. This Amendment becomes effective on the later of January 1, 2007 or the effective date specified in the Agreement between BCBSKS and the Company.
2. CHANGES BEING MADE BY THIS AMENDMENT
With the exception of those duties involving membership maintenance and claims, the Company agrees that all other duties and responsibilities, fiduciary or otherwise, associated with COBRA shall solely belong to Company. These duties include, but are not limited to: determination of COBRA eligible participants and beneficiaries, provision of COBRA notices to participants and beneficiaries, reporting to BCBSKS those participants/beneficiaries electing COBRA coverage, and billing of participants/beneficiaries for COBRA premiums. Accordingly, Section 10 of the Agreement to which this Amendment is attached is deemed deleted.
FORM AP-0043 01/10
.. Blue Cross BlueShield of Kansas
An lndepanCent L.ic:vn~•• -or I~• Blue Cross Blue Shl~ld Aucch;nlon.
ATTACHMENT A
This Attachment A to the Agreement between Blue Cross and Blue Shield of Kansas, Inc., (hereafter referred to as "BCBSKS") and Shawnee County (hereinafter "Company'' or "Plan Administrator") to which it is attached describes the procedures to be used for payment by Company to BCBSKS of claims amounts paid by BCBSKS and of administrative fees due BCBSKS under sudl Agreement.
1. Administrative Fees:
A The administrative fees charged by BCBSKS for the services it provides under the Agreement to which this is attached consist of the cost for BCBSKS to provide those services, which will be assessed as a fixed dollar and cent amount per month per employee, set forth in the 'Summary of Charges' document, signed by the Company.
The number of employees shall be determined for the PLrPOSe of this provision by the number of eligible employees reported by Company to BCBSKS as of the first day of eacll month. Company shall remit to BCBSKS no later than the 1Oth day of eactl month the amount due for such month.
A group who remits premium payments an average of five months delinquent over a 12 month cycle will be classified as habitually delinquent and will be subject to additional administrative fees at the time of annual renewal.
B. Sec1ions 3 through 6 describe certain fees that will be charged in conjunction with claims for health care services that are received outside the geographic area served by BCBSKS, processed through the BlueCarrr Program and presented to BCBSKS for payment in conformity with network access rules of the BlueCard® Program then In effect
2. Claims Reimbursement:
Claims incurred by Benefit Plan participants shall be paid as they are received by BCBSKS in the same manner as claims are paid under under.vrttten programs. Company agrees to reimburse BCBSKS by the mettlod outlined below.
Company agrees to provide BCBSKS access to funds through an Automated crearing House (ACH) arrangement under which BCBSKS may draw upon Company funds. BCBSKS shall initiate an ACH transfer to it from Company funds for claims payments, administrative fees, if applicable, and any applicable BlueCarcf' Program fees of whicll Company has been notified at 2:00p.m. Central Time, Daylight or Standard, of the first business day following the day on whicll such notification was provided to Company.
Charging Incurred Claims Expense. For the purpose of this attachment and the Agreement to which it is attached, incurred claims expense will be charged as follows:
Claims expense will be cllarged to the Contract Period in which it is incurred.
Incurred claims expense will include any access fees described in the BlueCard~ provisioo of this Agreement as set forth below (see Exhibit A for fee descriptions) as well as any other amounts of discounts from provider cllarges retained by another Blue Cross and Blue Shield Plan, provider network, or other entity. ·
FORM AP-<J005A 1/19 Page 1
3. Out~of·Area Services
Overview
BCBSKS has a variety of reiatlonsl1ips with other Blue Cross and/or Blue Shield Licensees referred to generally as "lnter·Pian Arrangements." These Inter-Plan Arrangements operate under rules and procedures issued by the Blue Cross and Blue Shield Association ("Association"). lJVhenever subscribers access healthcare services outside the geographic area BCBSKS serves, the claim for those sel'/ices may be processed through one of these Inter-Plan Arrangements and presented to BCBSKS for payment in accordance with the rules of the Inter-Plan Arrangements then in effect. The Inter-Plan Arrangements available to subscribers under this agreement are described generally below.
Typically, when accessing care outside the geographic area BCBSKS serves, subscribers obtain care from heaithcare providers that have a contractual agreement ("participating providers") with the local Blue Cross and/or Blue Shield Licensee in that other geographic area ("Host Blue"). in some instances, subscribers may obtain care from non-partidpating heaithcare providers. BCBSKS remains rasponsible for fulfilling its contractual obligations to Company. BCBSKS' payment practices in both instances are described below.
This disclosure describes how claims are administered for Inter-Plan Arrangements and the fees that are charged in connection with Inter-Pian Arrangements. Note that Dental Care Bene1its (except INhen paid as medical claims/benefits), and those Prescription Drug Benefits or Vision Care Benefits that may be administered by a third party contracted by BCBSKS to provide the specific service or services are not processed through inter-Pian Arrangements.
BlueCard® Program
The BlueCard® Program is an Inter-Plan Arrangement. Under this Arrangement, when subscribers access covered healthcare services within the geographic area served by a Host Blue, the Host Blue will be responsible for contracting and handling all interactions with its participating heaithcare providers. The financial terms Of the BlueCard® Program are described generally below.
A. Liability Calculation Method Per Claim
(i) Subscriber Liability Calculation Unless subject to a fixed dollar copayment, the calculation of the subscriber liability on daims for covered healthcare services processed through the BiueCard® Program will be based on the lower of the participating healthcare provider's billed covered charges or the negotiated price made available to BCBSKS by the Host Blue.
(ii) Company's Liability Calculation The calculation of Company's liability on claims for covered health care services processed through the BiueCarlf' Program will be based on the negotiated price made available to BCBSKS by the Host Blue. Sometimes, this negotiated price may be greater for a given service or services than the billed charges in accordance with how the Host Blue has negotiated with its participating healttlcare provider(s) for specific healthcare services. In cases where tile negotiated price exceeds the billed charge, Company may be ilabie for tile excess amount even when the subscriber's deductible has not been satisfied. This excess amount reflects an amount that may be necessary to secure (a) the provider's participation in the network and/or (b) the overall discount negotiated by the Host Blue. In such a case, the entire contracted price is paid to the provider, even when the contracted price is greater than the billed charge.
B. Claims Pricing
Host Blues determine a negotiated price, which is reflected In the terms of each Host Blue's provider
FORM AP-()005A 1!19 Page 2
contracts. The negotiated price made available to BCBSKS by the Host Blue may be represented by one of the folk:lwing:
(i) an actual price. An actual price is a negotiated payment in effect at the time the daim is processed without any other increases or decreases, or
(ii) an estimated price. An estimated pnce is a negotiated rate of payment in effect at the time a claim is processed, reduced or increased by a percentage to take into account certain payments negotiated with the provider and other claim- and non-claim-related transactions. Such transactions may include, but are not limited to, anti-fraud and abuse recoveries,
provider refunds not applied on a daim-specific basis, retrospective settlements, and performance-related bonuses or incentives, or
(iii) an average price. An average price is a percentage of billed covered charges representing the aggregate payments negotiated by the Host Blue 'With all of its healthcare providers or a similar classification of its providers and other claim- and non-claim-related transactions. Such transactions may include the same ones as noted above for an estimated price.
The Host Blue determines whether it will use an actual, estimated or average price. The use of estimated or average pricing may result in a difference (positive or negative), between the price Company pays on a specific claim and the actual amount the Host Blue pays the provider. However, the BlueCar~ Program requires that the amount paid by the subscriber and Company is a final price; no future price adjustment will result in increases or decreases to the pricing of past daims.
Jldly positive or negative difference in estimated or average pricing are accounted for through variance accounts maintained by the Host Blue and are incorporated into future claim prices. As a result, tile amounts charged to Company will be adjusted in a following year, as necessary, to account for over- or underestimation of paSt years' prices. The Host Blue will not receive compensation from how the estimated price or average price methods, described above, are calculated. Because all amounts paid are frnal, neither positive variance account amounts (rtlnds available to be paid in the following year), nor negative variance amounts (the funds needed to be received in the following year), are due to or from the Company. If Company terminates, you will not receive a refund or charge from the variance account.
Variance account balances are small amounts relative to the overall paid claims amounts and will be liquidated over time. The timeframe for their liquidation depends on variables, including, but not limited to, overall volume/number of daims processed and variance account balance. Variance account balances may eam interest at the federal funds or similar rate. Host Blue may retain interest earned on funds held in variance accounts.
C. Return of OVerpayments
Under the BlueCard® Program, recoveries from a Host Blue or its participating healthcare providers can arise in several W<r{S, including, but not limited to, anti-fraud and abuse recoveries, healthcare provider/hospital bill audits, credit balance audits, utilization review refunds, and unsolicited refunds. Recovery amounts determined in this wgy will be applied, in general, on either a claim-by-claim or prospective basis. If recovery amounts are passed on a claim-by-claim basis from a Host Blue to BCBSKS tl1ey will be credited to Company's account. In some cases, the Host Blue will engage a_third party to assist in identification or collection of recovery amounts. The fees of such a third party may be charged to Company as a percentage of the recovery.
D. BlueCard® Program Fees and Compensation
Company understands and agrees to reimburse BCBSKS for certain fees and compensation which we are obligated under the BlueCard® Program to pay to Host Blues, to the Association, and/or to BlueCart:r Program vendors. The specific BlueCard8 Program fees and compensation, that are
FORM AP-0005A 1119 Page 3
charged to Company are set forth in Exhibi1 A BlueCard'!l Program Fees and compensation may be revised from time to time as described in Section 6 below.
E. Non~Partlclpating Healthcare Providers Outside BCBSKS Service Area
Subscriber Liability Calculation
~) In General; wtlen covered healthcare services are provided outside of BCBSKS service area by nonparticipating healtt1care providers, the amounts a subscriber pays for such services will be based on the payment BCBSKS would make if BCBSKS were paying a non-participating provider inside of BCBSKS' seiVice area. Payments for out-of-network emergency services will be governed by applicable federal and state law.
(ii} Exceptions In some exception cases, at Company's direction, BCBSKS may pay daims from nonparticipating healthcare providers outside of our service area based on the provider's billed charge. This may occur in situations where a subscriber did not have reasonable access to a participating provider, as determined by BCBSKS (in its sole and absolute discretion) or by applicable law. In other exception cases, at Company's direction, BCBSKS may choose to negotiate a paymentwi11l such provider on an exception basis.
Unless otl1erwise stated, in any of these exception situations, the subscriber may be responsible for the difference between the amount that the non-participating healthcare provider bills and the payment BCBSKS will make for the covered services as set forth in this paragraph.
4. Special Cases: Value-Based Programs~ BlueCard®Program- BCBSKS
Value-Based Programs Overview
Company's subscribers may access covered healthcare services from providers that participate in a Host Blue or BCBSKS Value-Based Program. Value-Based Programs may be delivered through either BCBSKS' provider contracts or the BlueCard® Program. These Value-Based Programs may include but are not limited to Accountable Care Organizations, Global PaymentfTotal Cost of Care arrangements, Patient Centered Medical Homes and Shared Savings arrangements.
Value-Based Programs Administration
Under Value-Based Programs, a Host Blue plan or BCBSKS, as appropriate, may pay providers for reaching agreed-upon cosUquality goals in the following ways: retrospective settlements, Provider Incentives, a share of target savings, Care Coordinator Fees and/or ottler allowed amounts. If the Host Blue plan is paying the provider under the Value-Based Program, the Host Blue plan may pass these provider payments on to BCBSKS, wtlich BCBSKS will pass drectly on to Company as either an amount Included in tt1e price of the claim or an amount charged separately In addition to the claim. If BCBSKS is paying a provider under a Value-Based Program, BCBSKS will pass such provider payment on to Company as either an amount included In the price of the claim or an amount charged separately in addition to the claim.
VVhen such amounts are induded in the price of the claim, the claim may be billed using one of the following pricing methods:
(i) Actual Pricing Claim Based (Actual Pricing): The charge to accounts for Value-Based Programs incentives/shared savings settlements is part of the claim. These charges are passed to Company via an enhanced fee schedule.
FORM AP-0005A 1119 Page4
(ii) Supplemental Factor The charge to accounts for Value-Based Programs incentives/Shared-Savings settlements is a supplemental amount that is included in the claim as an amount based on a fixed supplemental factor (e.g., a small percentage increase in the claim amount). The supplemental factor may be adjusted from time to time. This pricing method may be used only for non-attributed Value-Based Programs.
When such amounts are billed separate from the price of the claim, they may be billed as follows:
Per Member Per Month (PMPM) Billings: Per Member Per Month billings for Value-Based Programs incentives/shared-savings settlements to accounts are outside of the claim system. BCBSKS will pass these Host Blue or local charges through to Company as a separately identified amount on the group billings.
The amounts used to calculate either the supplemental factors for estimated pricing or PMPM billings are fixed amounts that are estimated to be necessary to finance the cost of a particular Value-Based Program. Because amounts are estimates, there may be positive or negative differences based on actual experience and such differences will be accounted for in a variance account maintained by the Host Blue (in the same manner as described in the BlueCard61 claim pridng section above) until tt1e end of the applicable Value-Based Program payment and/or reconciliation measurement period. The amounts needed to fund a Value-Based Program may be changed before the end of the measurement period if it is determined that amounts being collected are projected to exceed the amount necessary to fund the programs or if they are projected to be insufficient to fund the program. At the end of the Value-Based Program payment and/or reconciliation measurement period for these arrangements, BCBSKS or Host Blue plans will take one of the following actions:
(i) Use any surplus In funds to fund Value-Based Program payments or reconciliation amounts in the next measurement period.
(ii) Address any deficit in funds through an adjustment to the per-member-per-month billing amount or the reconciliation billing amount for the next measurement period.
The Host Blu~ will not receive compensation resulting from how estimated, average, or PMPM price methods, described above, are calculated. If Company terminates, lt will not receive a refund or charge from t11e variance account. This is because any resulting surpluses or deficit would be eventually exhausted through prospective adjustment to the settlement billings in the case of ValueBased Programs. The measurement period for determining these surpluses or deficits may differ from the term of this agreement.
Variance account balances are small amounts relative to the overall paid claims amounts and will be liquidated over time. The timeframe for their liquidation depends on variables, including, but not limited to, overall volume/number of claims processed and variance account balance. Variance account balances may earn interest and interest is earned at the federal funds or similar rate. Host Blues may retain interest earned on funds held in variance accounts.
Note: Subscribers will not bear any portion of the cost of Value-Based Programs except when BCBSKS or Host Blue plans use either average pricing or actual pricing to pay providers under Value-Based Programs.
Care Coordinator Fees
Host Blue plans may also bill BCBSKS for Care Coordinator Fees for provider services which will be passed an to Company as follows:
FORM AP-0005A 1119 Page 5
(i) PMPM billings
Or
(ii) Individual claim billings through applicable care coordination codes from the most current editions of either Current Procedural Terminology (CPT) published by the American Medical Association (AMA) or Healthcare Common Procedure Coding System (HCPCS) published by the US Centers for Medicare and Medicaid Services (CMS).
As part of this agreement, BCBSKS and Company will not impose subscriber cost sharing for Care Coordinator Fees.
5. Blue Cross Blue Shield Global• Core
(i) Generallnfonnation If subscribers are outside the United States (the "BiueCard® service area"), they may be able to take advantage of Blue Cross Blue Shield Global® Core when accessing covered healthcare services. Blue Cross Blue Shield Global® Core is unlike the BlueCard11
Program available in the BlueCard11 service area in certain ways. For instance, although Blue Cross Blue Shield Globall!l Core assists subscribers with accessing a network of inpatient, outpatient and professional providers, the network is nat served by a Host Blue. As such, when subscribers receive care from providers outside the Blue Card«~ service area, the subscribers will typically have to pay the providers and submit the claims themselves to obtain reimbursement for these services.
(ii) Inpatient Services In most cases, if subscribers contact the service center for assistance, hospitals will not require subscribers to pay for covered inpatient services, except for their cost-share amounts, deductibles, coinsurance, etc. In such cases, the hospital v.rill submit subscriber claims to the service center to Initiate claims processing. However, if the subscriber paid in full at the time of service, the subscriber must submit a claim to obtain reimbursement for covered healthcare services. Subscribers must contact us to obtain precertificalion far non-emergency inpatient services
(iii) Outpatient Services Physicians, urgent care centers and other outpatient providers located outside the BlueCarcf' service area will typically require subscribers to pay in full at the time of service. Subscribers must submit a claim to obtain reimbursement for covered healthcare services.
{lv) Submitting a Blue Cross Blue Shield Global• Core Claim 'Nhen subscribers pay for covered healthcare services outside the BlueCard• service area, they must submit a claim to obtain reimbursement. For institutional and professional claims, subscribers should complete a Blue Cross Blue Shield Gleba~ Core claim form and send the claim fonn with the provider's itemized bil!(s) to the service center address on the form to initiate claims processing. The claim form is available fl'om BCBSKS, the service center, or online at www.bcbsglobalcore.com. If subscribers need assistance with their claim submissions, they should call the service center at 1-800-810-BLUE (2583) or call collect at 1-804-673-1124, 24 hours a day, and seven days a week.
(v) Blue Cross Blue Shield Global® Core Program Related Fees Company understands and agrees to reimburse BCBSKS for certain fees and compensation which we are obligated under applicable Inter-Plan Arrangement requirements to pay to the Host Blues, to the Association, and/or to vendors of Inter-Plan Arrangement-related services. The specific fees and compensation that are charged to
FORM AP-0005A 1/19 Page 6
Company under Blue Cross Blue Shield Gleba~ Core are set forth in Exhibit A. Fees and compensation under applicable Inter-Plan Arrangements may be revised from time to time as provided for in Section 6 below.
6. Modifications or Changes to Inter-Plan Arrangement Fees or Compensation
Modifications or changes to Inter-Plan arrangement fees are generally made effective January 1 of the calendar year but they may occur at any time during the year. In the case of any such modifications or changes, BCBSKS shall provide Company with at least thirty (30) days' advance written notice of any modification or change to such Inter-Plan Arrangement fees or compensation describing the change and the effective date thereof and Company's right to terminate this Agreement without penalty by giving written notice of termination before the effective date of the change.
If Company fails to respond to the notice and does not terminate this Agreement during the notice period, Company 'Hill be deemed to have approved the proposed change, and BCBSKS will then allow such modifications to become part of this Agreement
7. Advance Deposit. Should the Company terminate tt1is agreement and choose not to continue daims reimbursement by ACH, the Company may be required to provide BCBSKS an advance deposit in an amount stipulated by BCBSKS at or prior to the commencement of this agreement
BCBSKS will use these flJnds to pay the Benefit Plan participant's claims obligations, and in the event Company holds a stop-loss agreement from BCBSKS, the Benefit Plan participant's claims obligations will be up to t11e stop-loss attachment points specified in the stop-loss insurance contract issued to the Company. The Company agrees to pay BCBSKS an amount necessary to restore to its full amount the advance deposit. BCBSKS may change the amount of advance deposit by prior notification to the Company.
8, Additional Tennlnation Provisions:
The Administrative Services Agreemenl to wt1ich this is attached may be terminated by BCBSKS or by the Company as of the first day of any month by giving a wrttten notice to the otller party at least 60 days prior to such date. The Administrative Services Agreement, and the stop-loss insurance agreement, if applicable, shall automatically terminate as of the earliest of the following dates:
A. The day on which the Company shall not have made funds available for payment of all benefits required to be paid from its funds in accordance with this Attachment A;
B. The date as of which the stop-loss insurance contract issued by BCBSKS (if any) is terminated by cessation of premium payments;
C. The date of the termination of the Benefit Plan.
Upon termination of this Attachment A and the Agreement to provide Administrative Services, the Company shall have the obligation for payment of benefits then unpaid for claims incurred prior to such termination until the amount of such payments results in attachment of BCBSKS liability under the stoploss insurance agreement, if applicable. Upon termination of this Agreement with no subsequent agreement signed, the Company shall pay to BCBSKS the actuarial detennination of tile incurred but unpaid daims liabllity for wt1ich the Company may be obligated, to the extent such additional funds are necessary beyond amounts of the advance deposit still held by BCBSKS. The Company agrees to pay this amount to BCBSKS within five days from the date notification is received. lftl1is amount becomes depleted, BCBSKS will request additional funds. BCBSKS will resume processing and paying the remaining daims upon receipt of the additional funds. If the additional funds are not received by BCBSKS within five days of the Company's recePt of notification, the remaining claims liability will become the responsibility of the Company and BCBSKS shall have no further obligation for any claims processing or any claims payments. Eighteen months from the termination of this Agreement,
FORM AP-0005A 1/19 Page 7
BCBSKS shall return Company the difference, if any, between the Company's obligation hereunder and the amounts made available to BCBSKS, thus ending all of BCBSKS' obligations.
9. Obligations Upon Termination:
In the event this Agreement terminates, the per employee charge specified in Paragraph 1 of this Attachment A shall also terminate. However, the remaining administrative fees, as well as the claims paid or Incurred, shall continue to be payable to BCBSKS as provided in Paragraph 19, sub-paragraph
D(i) of the contract to which this Attachment A is attached.
If payment of the Administrative Fees and/or Claims Reimbursement has not been made to BCBSKS by the end of two (2) weeks following the original due date, this Agreement and the Benefit Plan to which it is applicable are automatically terminated as of the date such payment(s) were due.
Agreed to this ~,--,--day of_==,------'-,-~-(day} (month) (ynlj
Shawnee County
By::_-----------
Title:: ____________ _
to legality ..:t- -Iff
.COUNSElOR
FORM AP-0005A 1f19
Blue Cross & Blue Shield of Kansas, Inc.
By: _________ _
Title·._------------
PageS
Exhibit A- Schedule of Fees
Only the Bluecard Program Access Fee may be charged separately each time a claim is processed through the BlueCard program. All other BlueCard ProgramMrelated fees are induded in the Administration Expense.
Access Fee The Access Fee is charged by the Host Blue to BCBSKS for making its applicable provider network available to Company's Benefit Plan participants. The Access Fee will not apply to non-participating provider claims. The Access Fee is charged on a per claim basis and is charged as a percentage of the discount/differential BCBSKS receives from the applicable Host Blue subject to a maximum of $2,000 per daim. When charged, BCBSKS passes the Access Fee directly to Company. The Access Fee is added to the amount paid to the provider and is included as part of the claim amount on your periodic claims and administrative expense billing report.
The Access Fee may be cllarged only if the Host Blue's arrangement with its healthcare provider prohibits billing members for amounts in excess of the negotiated payment. However, a healthcare provider may bill members for non·covered health care services and for cost sharing (for example, deductibles, copayments and/or coinsurance) related to a particular claim.
Sometimes the Access Fee is a negative amount, 'Which is known as an Access Fee Credit. Any Access Fee Credits will be credited to BCBSKS and BCBSKS will pass the entire Access Fee Credit on to Company.
Instances may occur in which the claim payment is zero or BCBSKS pays only a small amount because the amounts eligible for payment were applied to patient cost sharing (such as a deductible or coinsurance). In these instances, BCBSKS will pay the Host Blue's Access Fee and pass it along directly to Company as stated above even though Company paid little or had no claim liability.
Administration Expense The Administration Expense encompasses fees BCBSKS charges to Company for administering Company's benefit plan. They may include both local and lnter·Pian fees. Fer purposes of this agreement, they include the following BlueCard Program·related fees other than the BlueCard Program Access Fee: namely, Administrative Expense Allowance (AEA) Fee, Central Financial Agency Fee, ITS Transaction Fee and Blue Cross Blue Shield Global8 Core Fees, if applicable.
Inter-Plan Arranaement Fees: Bluec?rr:r Prg_gram Fees Access Fees ill!
4.30'% for fewer than 1 ,000 subscribers of Network Savings, capped at $2,000 per claim
2.40% for 1,000 to 9,999 subscribers of Network Savings, capped at $2,000 per claim
2.22% for 10,000 to 49,999 subscribers of Network Savings, capped at $2,000 per claim
2019 4.14% for fewer than 1,000 subscribers of Network Savings, capped at $2,000 per claim
2.31% fer 1,000 to 9,999 subscribers of Network Savings, capped at $2,000 per claim
2.14% 1or 10,000 to 49,999 subscribers of Network SavinQs, capped at $2 000 per claim
Administration Expense See Summarv of Charaes
FORM AP..0005A 1/19 Page 9
.. BlueCross BlueShield of Kansas
An tndeptndent Uc:ensee of Ill• 81\le Cro.sw Blue Shield Asscei.Mion-
STOP LOSS CONTRACT COMBINED INDIVIDUAL AND AGGREGATE
(Incurred Claims Basis)
This Contract describes the benefits provided by Blue Cross and Blue Shield of Kansas, Inc. (herein called "Blue Cross and Blue Shield of Kansas" or "BCBSKS"), Topeka, Kansas, and the exclusions and limitations. This Contract may be canceled by the Company or by Blue Cross and Blue Shield of Kansas, Inc., as described in this Contract
Blue Cross and Blue Shield of Kansas, Inc. Home Office: 1133 SW Topeka Boulevard, Topeka, Kansas 66629
This Contract is Issued to:
Shawnee County (called "the Company" in this Contract)
In consideration of the payment of premiums by tile Company, Blue Cross and Blue Shield of Kansas agrees to
provide the benefits described in this Contract. Coverage under til is Contract begins at12:01 a.m. Central Time at
Topeka, Kansas, on January 1, 2019 (called the Contract Date in this Contract) and continues after tllat from year to
year, unless the Contract is terminated. Premiums are due and payable in advance of the Contract Date and after
that by the first day of each successive month, unless the Company is billed quarterly or semi-annually, in which case
premiums are due and payable in advance of tile Contract Date and after that by the first day of the month in which
the premium is due.
Blue Cross and Blue Shield of Kansas signed this Contract on -----------
FORM 80-1178 10/11 Page 1
PART1. DEFINITIONS
A. Beneficiary means a person entitled to benefits under the Company's self·insured employee welfare benefit plan providing benefits for hospital, medical and surgical benefits and ott1er benefits administered by BCBSKS.
B. Benefits means coverage provided Beneficiaries as set forth in their benefit description.
C. BCBSKS means Blue Cross and Blue Shield of Kansas.
D. Combined Individual and Aggregate Stop-Loss Provision means:
1. Individual Attachment Point: The Incurred Claims Expense level at which the Company's claims liability stops for a Beneficiary in a Contract Period. The Company's Individual Attachment Point is $200,000.00.
2. Aggregate Attachment Point: The Incurred Claims Expense at 115% of the Expected incurred Claims Expense. The initial Aggregate Attachment Point will be set forth in t11e 'Summary of Charges' document, signed by the Company. The Expected Incurred Claims Expense 'Nill vary based on the change in the number of covered Beneficiaries. However in no event will the Aggregate Attachment Point during a Contract Period be less than 80% of tile Initial Aggregate Attachment Paint established at the beginning of the Contract Period.
If the Company for any reason does not maintain this Contract In force for the entire Contract Period, the Aggregate Attachment Point shall be increased by multiplying 115% times the Pure Premium Monthly Rates times the number of employees or retirees covered on t11e date of termination times the number of months between the earty date of termination and the end of the Contract Period. In no event however will the Aggregate Attachment Point be less than 80% of the initial Aggregate Attachment Point.
E. Company means the party named on the face of tl1is Contract who has contracted with BCBSKS for this Contract.
F. Contract means this Contract between BCBSKS and the Company and includes:
All of the fonns issued to the Company by Blue Cross and Blue Shield of Kansas, Including endorsements, amendments, and riders; and
The application of tt1e Company for this Contract.
G. Contract Period means the twelve-month period beginning on the Contract Dale stated on the face of this Contract and each succeeding twelve-month period until this Contract is canceled. Generally the contract period is at least 12 months long; however, BCBSKS and the Company may mutually agree to a contract period which is other than 12 months.
H. Expected Incurred Claims Expense means the total amount of claims expense that the Beneficiaries of the Company are expected to incur during a Contract Period. This amount is computed by multiplying the Pure Premium Monthly Rates times the number of employees and retirees covered each month by this Contract for the Contract Period.
FORM BD-1178 10111 Page 2
I. Incurred Claims Expense means the Benefits for which either the Company or BCBSKS is liable. A covered service is considered to have been incurred on the date the service is received except for bed-patient Hospital or Medical Care Facility services and for Doctor's Medical Services (Non-Surgical) for bed-patients, the Benefits are deemed to have been incurred:
1. For admissions occurring on or after the Contract Date, on the date of admission to the hospital or medical care facility. However, should this Contract terminate or coverage for a Beneficiary tenninate under this Contract prior to the release of a Beneficiary from such hospital or medical care facility, only those claims for services rendered up to and including the termination date will be considered incurred claims expense. ln the event the Company has induded in their benefit description a provision extending coverage for 31 days for Beneficiaries confined in the hospital on the termination date of their coverage, claims shall only be considered as incurred daims expense for those services rendered up to the ear1ier of the date the Benefit Plan participant is discharged from the hospital or the end of the extension. Claims incurred under any such extension of benefits provision will be considered incurred claims expense for the purpose of this provision only In a secondary manner to the benefits of any subsequent replacement group health benefit plan or policy intended to provide continuous coverage, as of the effective date of the replacement policy.
2. For admissions occurring prior to the Contract Date, on the Contract Date. Only the claims expense attributable to covered benefits provided for services rendered on or after the Contract Date will be considered incurred claims expense.
J. Pure Premium Monthly Rates mean the projected monthly rates necessary to cover the monthly Incurred Claims Expense per membership.
PART 2. GENERAL
A. Purpose of this Contract: BCBSKS hereby accepts the full responsibility for the Benefits 'Nhich are in excess of the Combined Individual and Aggregate Stop-Loss Provision for the remainder of that Contract Period. lt Is understood that BCBSKS has no liability under this Contract until the Company's liability has been terminated by the Combined Individual and Aggregate Stop-Loss Provision.
B. Settlement of the Individual and Aggregate Stop-Loss Provision: At least monthly BCBSKS will report to the Company the Beneficiaries who have reached the Individual Attachment Point of the Contract. The Benefits which are in excess of the Individual Attachment Point will be excluded from the accumulative amount of Incurred Claims Expense for that Contract Period for determining the Aggregate Attachment Point. The Benefits which are in excess of either the Individual or Aggregate Attachment Points will be the responsibility of BCBSKS.
C. Charging Incurred Claims Expense: For the purpose of this Contract, daims expense incurred in a Contract Period will be charged to that same Contract Period regardless of when it is paid.
D. Limit of Liability: It is recognized that the Administrative Services Agreement between the Company and Blue Cross and Blue Shield of Kansas gives the Company the express authority to determine the right of any Beneftciary to health care benefits. If the Company determines that benefits should be paid for a Beneficiary, then the difference between the amount actually paid and the amount the Beneficiary is eligible for under the tenns of the benefit description will not be taken into consideration when determining the liability of Blue Cross and Blue Shield of Kansas with regard to any contractual arrangement it has with the Company.
E. Membership, Voting, Annual Meeting and Participation: The policyl1older (the person or entity to which the insurance contract has been issued) is a member of Blue Cross and Blue Srield of Kansas and Is entiUed to vote in person or by proxy at meetings of policyholders. The annual meeting of policyholders is held on the second Thursday in May of each year at 8:30 o'clock a.m. at BCBSKS' principal place of business at, 1133 Topeka Boulevard, Topeka, Kansas, or at such other place as the Chairman of the Board of Directors might designate in a notice of meeting given to policyholders. Printed notice in this snan be sufficient as to notification. If any dividends are distributed, the policyholder will share In them according to law and under conditions set by the Board of Directors.
F. statements Made: All statements made by the Company will be deemed representations and not warranties.
FORM80-1178 10/11 Page3
G. Grace Period: Unless 'INiitten notice of BCBSKS' intent not to renew this Contract is delivered to the Company at the Company's last address as shown in BCBSKS' records, at least 60 days prior to the premium due date, this Contract has a 10 day grace period.
This means that if a premium is not paid on or before its due date, it may be paid during the 10 days that follow. During the grace pen'od U"is Contract will stay in force. Unless premiums are paid by the end of the grace period, this Contract will be canceled effective the date to which premiums have been paid.
H. Reinstatement: If the premium is not paid during the grace period, this Contract will lapse. Later acceptance of premium by BCBSKS (or by any agent authorized to accept payment) without requiring an application for reinstatement, will reinstate this Contract.
If BCBSKS or its agent require an application, the Company will be given a conditional receipt for the premium. If the application is approved, this Contract will be reinstated as of the date of lapse. Lacking such approval, tl'1is Contract will be reinstated on the 45th day after the date of the conditional receipt unless BCBSKS previously notified the Company, in writing, of disapprovaL
The reinstated contract will cover only loss which results from an injury sustained after the date of reinstatement or sickness that starts after such date. In all other respects the Company's rights and BCBSKS' rights 'Nill remain the same, subject to any provisions noted on or attached to the reinstated contract.
I. Claims: The Administrative Services Agreement and the AHadlment A thereto, include provisions that are consistent with the following provisions that are otherwise required, by the Kansas Insurance Code, to be included in Stop-Loss contracts issued in Kansas: Notice of Claim, Claim Forms, Proofs of Loss, Time of Payment of Claims, and Payment of Claims.
J. Legal Actions: No legal action may be brought to recover on this Contract within 60 days of the date the cause of the action occurs. No such action may be brought after 5 years from the date the cause of the action occurs.
K. Notice:
1. From BCBSKS to the Company. A notice sent to the Company by BCBSKS is considered "givenn when mailed to the Company at the latest address appearing on the records of BCBSKS.
2. From the Company to BCBSKS. Notice to BCBSKS is considered "given" when received by BCBSKS at 1133 Topeka Avenue, Topeka, Kansas.
L. Company Bankruptcy: The Company's bankruptcy or insolvency will not relieve BCBSKS from Its obligation to pay claims under this Contract,
M. Cancellation:
M.1 Cancellation by the Company.
The Company may cancel this Contract at any time (subject to the "Contract Period" provision of this Contract) by delivering or sending 60 days advance written notice to the home office of BCBSKS, 1133 Topeka Avenue, Topeka, Kansas. Cancellation will be effective 60 days from the date such notice is received or on the date shown in the notice, whichever is later. In the event of cancellation, the unearned portion of any premium paid will be promptly returned. The earned premium shall be computed on a pro-rata basis, Cancellation shall be without prejudice to any claim originating prior to tile effective date of cancellation.
M.2 Cancellation by BCBSKS.
BCBSKS may cancel this Contract by giving the Company 60 days advance written notice. Cancellation in this instance is effective tile date premiums have been paid to.
FORM 80-1178 10/11 Page4
.. mueCro!IS WueShield of Kansas
_ An lndeplndenl t.laense& of lhe Blua crou Blue Shield Anoclallon_
ADDENDUM TO AGREEMENT TO PROVIDE ADMINISTRATIVE SERVICES FOR A SELF-FUNDED BENEFIT PLAN EXTERNAL REVIEW PROCESS1
This Addendum to Agreement to Provide Administrative Services for a Self-Funded Benefit Plan {"Addendum") is entered Into on this January 1, 2019, by and between Blue Cross and Blue Shield of Kansas, Inc. rscBSKS~) and Shawnee County ("Company"). The purpose of this Addendum is to address Company's External Review Process as required by the Public Health SeiVice Act ("PHS"), Section 2719. BCBSKS and Company mutually agree to modify their Agreement to Provide Administrative Services for a Self-Funded Benefit Plan ("Agreement") as set forth in this Addendum.
1. Standard External Review Process.
A Request for External Review.
The Benefit Plan2 must allow a Claimant to file a request for an External Review with the Benefit Plan if the request is filed within four months after the date of receipt of a notice of an Adverse Benefit Determination or Final Internal Adverse Benefit Determination and such determination is eligible for External Review under the applicable DOL and Treasury regulations. If there is no corresponding date four months after the date of receipt of such a notice, then the request must be filed by the first day of the fifth month following the receipt of the notice. For example, if the date of receipt of the notice is October 30, because there is no February 30, the request must be filed by March 1. If the last filing date would fall on a Saturday, Sunday, or federal holiday, the last filing date is extended to the next day that is not a Saturday, Sunday, or federal holiday.
In the event the Benefit Plan receives a request from a Claimant for External Review, Benefit Plan shalt Immediately notify BCBSKS and transmit such request to BCBSKS.
B. Preliminary Review.
Within five business days following the date of receipt of the External Review request, BCBSKS must complete a preliminary review of the request to determine whether:
(i) The Claimant is or was covered under the Benefit Plan at the time the health care item or service was requested or, In the case of a retrospective review, was covered under the Benefit Plan at the time the health care item or service was provided;
(ii) The Adverse Benefit Detennination or the Final Adverse Benefit Determination is eligible for External Review and does not relate to the Claimant's failure to meet the requirements for eligibility under the terms of tt1e Benefit Plcm {e.g., worker classification or similar determination);
'The procedures set forth In this Addendum were promulguted by the U.S. Department of Labor. Employee Benefit Security Administration, Technical Release 2010..01, dutecl August 23, 2010.
2 Section 2719 of the Public: Health Safety Act and Technical Release 2010..01 use the tenn "Group Health Plan" In describing those entities to which the External Re\11ew Process applies. Because our underlyir~g Agreement uses the tenn "Benem Plan" ir~ refening to sud1 entitles, we are using that term here.
FORM AP-0058A 01/14 Page 1
'
BlueCross BlueShield of Kansas
An Independent Licensee of the Blue Cross and Blue Shield Association.
STOP LOSS CONTRACT COMBINED INDIVIDUAL AND AGGREGATE
(Incurred Claims Basis)
This Contract describes the benefits provided by Blue Cross and Blue Shield of Kansas, Topeka, Kansas, and the exclusions and limitations. This Contract may be canceled by the Company or by Blue Cross and Blue Shield of Kansas as described in this Contract. ·
Fonn No, 80..1176 10111 PageS ® Registered Mark Blue Cross Blue Shield Association
Blue Cross BlueSbield of Kansas
An lndepandent lic;ensea of the 81u~ Crou Blue Shield Anaclalkln.
AMENDMENT TO STOP LOSS CONTRACT (Monthly Aggregate)
PART 1. GENERAL
This is an amendment to the stop-Loss Contract. It becomes effective on the later of September 1, 1989; or the Contract Date specified in the Stop-Loss Contract
The conditions described in the Stop..Loss Contract also control this amendment except where this amendment specifically states there is a change.
PART 2. CHANGES BEING MADE BY THIS AMENDMENT
The Stop-Less Contract is amended to the extent necessary so that:
The Company's maximum liability on a Contract Period to date basis is limited to 11n of the contractual period amount where n is equal to the total number of months in the Contract Period, detellT!ined through application of the Aggregate Stop-Loss Provision, multiplied by the number of months expired during the Contract Period. If the monthly claims expense that is to be applied toward the Company's monthly maximum liability is less than the monthly maximum liability, the difference is called a residual. If the monthly claims expense that is to be applied toward t11e Company's monthly maximum liability is greater than the monlt11y maximum liability, the difference is called the claims expense surplus. For such month-tomonth calculations, "montl'11y claims expense" means claims paid during such month which were incurred in the Contract Period, plus any residuals or claims expense surpluses carried forward. Both residuals and claims exper1se surpluses are cumulative and carry for-Nard from month-to-month throughout the Contract Period. The balance in a Contract Period of the net of residuals and claims expense surpluses t11us carried forward during the Contract Period shall be applied toward the Aggregate Stop-Loss Provision for that Contract Period. In no event will the foregoing calculations of the stop-loss on a monthly basis cause t11e Company's liability to deviate from the total amount determined by app!icatlon of the Aggregate stop-Loss
Provision.
Form No. BD-1770 01/13 Page 1
RIDER
PART 1. GENERAL
This is a Rider to the Group Contract. It becomes effective on the date shown in the records of Blue Cross and Blue Shield of Kansas, Inc. This Rider should be attached to the Contract.
The conditions described in the Contract also control this Rider, except where this Rider specifically states
there is a change.
PART 2. CHANGES BEING MADE BY THIS RIDER
A. The foiiOVIIing information is added to the General Information or similar section of the Group Contract.
The Company on behalf of itself and its participants hereby expressly acknowledges its understanding this Contract constitutes a contract solely between the Company and Blue Cross and Blue Shield of Kansas, which is an independent corporation operating under an agreement with the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans, (the ~Associationn) permitting Blue Cross and Blue Shield of Kansas to use the Blue Cross and/or Blue Shield Service Marks in the State of Kansas and that Blue Cross and Blue Shield of Kansas is not contracting as the agent of the Association. The Company on behalf of itself and its participants further acknowledges that it has not entered into this Contract based upon representations by any person other than Blue Cross and Blue Shield of Kansas and that no person, entity, or organization other than Blue Cross and Blue Shield of Kansas s1'1all be held accountable or liable to the Company for any of the Blue Cross and Blue Shield of Kansas's obligations to the Company created under this Contract. This paragraph shall not create any additional obligations whatsoever on the part of Blue Cross and Blue Shield of Kansas other than those obligations created under other provisions of this agreement.
FORM 80-1992 10/11 Page 1
(iii) The Claimant has exhausted the Benefit Plan's Internal Appeal process unless the Claimant is not required to exhaust the Internal Appeals process under the interim final regulations; and
(iv) The Claimant has provided all the information and forms required to process an External Review.
Within one business day after completion of the preliminary review, BCBSKS must issue a notification In writing to the Claimant3 . If the request is complete but not eligible for External Review, such notification must Include the reasons for its ineligibility and contact information for the Employee Benefits Security Administration (toll-free number 866-444-EBSA (3272)). If the request is not complete, such notification must describe the information or materials needed to make the request complete and the Benefit Plan must allow a Claimant to perfect the request for External Review within the four-month filing period or within the 48-hour period following the receipt of the notification, whichever is later.
C. Referral to Independent Review Organization.
BCBSKS4 shall contract directly with Independent Review Organizations ("IRO") to provide the External Appeals procedures set forth in the Patient Protection and Affordable Care Act ("PPACA"). BCBSKS will contract with an IRO that Is accredited by either the Utilization Review Accreditation Committee ("URAC") or by a similar nationally recognized accrediting organization to conduct the external review. BCBSKS shall contract with at least three IROs for assignments under the Benefit Plan and rotate claims assignments among them (or incorporate other independent, unbiased methods for selection of IROs, such as random selection). The IRO shall not be eligible for any financial incentives based on the likelihood that the IRQ will support the denial of benefits. The contract between BCBSKS and an IRO shall provide the following:
(i) The assigned IRO will utilize legal experts where appropriate to make coverage determinations under the Benefit Plan.
(ii) The assigned IRQ will timely notify the Claimant in writing of the request's eligibility and acceptance for External Review. This notice will include a statement that the Claimant may submit in writing to the assigned IRQ within len business days following the date of receipt of the notice additional information that the lRO must consider when conducting the External Review. The IRO is not required to, but may, accept and consider additional information submitted after ten business days.
(iii) VVithin five business days after the date of assignment of the IRO, BCBSKS should provide to the assigned IRQ the documents and any information considered in making the Adverse Benefit Determination or Final Internal Adverse Benefit Determination. Failure by BCBSKS to timely provide the documents and information should not delay the conduct of the External Review. If BCBSKS, on behalf of the Benefit Plan, fails to timely provide the documents and information, the assigned IRO may terminate tile External Review and make a decision to reverse the Adverse Benefit Determination or Final Internal Adverse Benefit Determination. V\lithin one business day after making the decision, the IRQ must notify the Claimant, BCBSKS, and the Benefit Plan.
(iv) Upon receipt of any information submitted by the Claimant, the assigned IRQ must within one business day forward the information to BCBSKS and the Benefit Plan. Upon receipt of any such information, the Benefit Plan may reconsider its Adverse Benefit Determination or Final Internal Adverse Benefit Determination that is the subject of the
• Note that, under the interim final regulations, sny reference to a "claimant' indLJdes the claimant's authorized representative. See 29 CFR 2590.715·271Q(a)(2}(1il). • The language of the proposed Addendum varies from the tectmir.;al release in that it specifically references BCBSKS Instead of'1he plan" in general.
FORM AP-0058A 01/14 Page 2
Extemal Review. Reconsideration by the Benefit Plan must not delay t11e External Review. The External Review may be terminated as a result of the reconsideration only If the Benefit Plan decides, upon completion of its reconsideration, to reverse its Adverse Benefit Determination or Final Internal Adverse Benefit Determination and provide coverage or payment. IJ\Iitllin one business day after making such a decision, the Benefit Plan must provide written notice of its decision to the Claimant, BCBSKS, and the assigned IRQ. The assigned IRO must terminate the Extemal Review upon receipt of the notice from the Benefit Plan or BCBSKS.
(v) The IRQ will review all of the information and documents timely received. In reaching a decision, the assigned IRO will review the claim de novo and not be bound by any decisions or conclusions reached during the Benefit Plan's internal claims and appeals process applicable under paragraph (b) of the interim final regulations under section 2719 of the PHS Act. In addition to the documents and infonnatlon provided, the assigned IRQ, to the extent the information or documents are available and the lRO considers them appropriate, will consider the following in reaching a decision:
1. The Claimant's medical records;
2. The attending health care professional's recommendation;
3. Reports from appropriate haalth care professionals and other documents submitted by the Benefit Plan or issuer, claimant, or the claimant's treating provider;
4. The terms of the Claimant's Benefit Plan to ensure that the IRO's decision is not contrary to the terms of the Benefit Plan, unless the terms are inconsistent with applicable law;
5. Appropriate practice guidelines, which must include applicable evidence-based standards and may include any other practice guidelines developed by the federal government, national or professional medical societies, boards, and associations;
6. Any applicable clinical review criteria developed and used by the Benefit Plan, unless the criteria are inconsistent witll the tenns of the Benefit Plan or with applicable law; and
7. The opinion of the IRO's clinical reviewer or reviewers after considering the information described in this notice to the extent the information or documents are available and the clinical reviewer or reviewers consider appropriate.
(vi) The assigned IRO must provide written notice of the Final External Review Decision within 45 days after the IRQ receives the request for the External Review. The IRQ must deliver the notice of Final External Review Decision to the Claimant, BCBSKS, and the Benefit Plan.
(vii) The assigned IRO's decision notice will contain:
1. A general description of the reason for the request for External Review, including information sufficient to Identity" the claim (including the date or dates of service, the health care provider, the claim amount (if applicable), the diagnosis code and its corresponding meaning, the treatment code and its corresponding meaning, and the reason for the previous denial);
2. The date the IRO received the assignment to conduct the External Review and the date of the IRQ decision;
3. References to the evidence or documentation, including the specific coverage provisions and evidence-based standards, considered in reaching its decision;
FORM AP-OOSBA 01/14 Page 3
4. A discussion of the principal reason or reasons for its decision, including the rationale for its decision and any evidencE7based standards that were relied on in making its decision;
5. A statement that the determination is binding except to the extent that other remedies may be available under state or federal law to either the Benefit Plan or to the Claimant;
6. A statement that judicial review may be available to the Claimant: and
7. Current contact Information, including phone number, for any applicable office of health insurance consumer assistance or ombudsman established under PHS Act section 2793.
(viii) After a Final External Review Decision, the IRO must maintain records of all claims and notices associated with the External Review process for six years. An IRO must make sudh records available for examination by the Claimant, Benefit Plan, or state or federal oversight agency upon request, except where such disclosure would violate state or federal privacy laws.
D. Reversal of Benefit Plan's decision.
Upon receipt of a notice of a Final External Review Decision reversing the Adverse Benefit Determination or Final Internal Adverse Benefit Determination, the Benefit Plan immediately must provide coverage or payment (including Immediately authorizing or immediately paying benefits) for the claim.
2. Expedited External Review for self-insured Benefit Plans.
A. Request for expedited External Review.
The Benefit Plan must allow a Claimant to make a request for an expedited External Review with the Benefit Plan at the time the Claimant receives:
(i) An Adverse Benefit Determination If the Adverse Benefit Determination involves a medical condition of the Claimant for which the timeframe for completion of an expedited Internal Appeal under the interim final regulations would seriously jeopardize the life or health of the Claimant or would jeopardize the Claimant's ability to regain maximum function and the Claimant has filed a request for an expedited Internal Appeal; or
(ii) A Final Internal Adverse Benefit Determination, if the Claimant has a medical condition where the timeframe for completion of a standard External Review would seriously jeopardize the life or health of the Claimant or would jeopardize the Claimant's ability to regain maximum function, or if the Final Internal Adverse Benefit Determination concerns an admission, availability of care, continued stay, or health care item or service for which the Claimant received emergency services but has not been discharged from a facility.
B. Preliminary review.
Immediately upon receipt of the request for expedited External Review, BCBSKS must determine whether the request meets the reviewability requirements set forth in Paragraph I.B above for standard External Review. BCBSKS must immediately send a notice that meets the requirements set forth in Paragraph I.B above for standard External Review to the Claimant of its eligibility determination.
C. Referral to Independent Review Organization.
Upon a determination that a request is eligible for External Review following the preliminary review, BCBSKS will assign an IRQ Pursuant to the requirements set forth in
FORM AP-0058A 01114 Page 4
Paragraph I.C above for standard review. BCBSKS must provide or transmit all necessary documents and information considered in making the Adverse Benefit Determination or Final Internal Adverse Benefit Determination to the assigned IRO electronically or by telephone or facsimile or any other avallable expeditious method.
The assigned IRO, to the extent the information or documents are available and the IRO considers them appropriate, must consider the information or documents described above under the procedures for standard review. In reaching a decision, the assigned IRO must review the claim de novo and is not bound by any decisions or conclusions reached during the Benefit Plan's internal claims and appeals process.
D. Notice of Final External Review Decision.
BCBSKS's contract with the assigned IRO should require the IRQ to provide notice of the Final External Review Decision. in accordance with the requirements set forth in Paragraph I.C above, as expeditiously as the Claimant's medical condition or circumstances require, but in no event more than 72 hours after the IRQ receives the request for an expedited External Review. If the notice Is not in writing, within 48 hours after the date of providing that notice, the assigned IRO must provide written confirmation of the decision to the Claimant. BCBSKS, and the Benefit Plan.
3. Definitions.
The terms 'Adverse Benefit Determination,» "Appeal," "Internal Appeal," ~claimant," "External Review," gFinal Internal Adverse Benefit Determination," "Final External Review Decision,~ and "Independent Review Organization" as used in tills Addendum all have the same definitions as set out in 45 C.F.R. 147.136, as amended.
4. Fees.
BCBSKS will charge Benefit Plan fees in the amount of $198.80 for its administration of the External Review process described above in addition to those set out in Attachment A to the Agreement. Benefit Plan is also responsible for reimbursing BCBSKS for all fees charged by IROs in connection with External Reviews.
Shawnee County Blue Cross & Blue Shield of Kansas, Inc.
BY: ----------------- BY:-------------------
TITLE:-----------TITLE: _________ _
DATE: _________ _ DATE: __________ _
lty
FORM AP-0058A 01/14 Page5
7) Shawnee County ")
DEPARTMENT OF HUMAN RESOURCES """ Angela K. Lewis, Director
200 SE ?'h, Room B-28 Topeka, Kansas 66603 Phone: (785) 251-4435
Fax (785) 251-4901, www.snco.us
MEMORANDUM
TO: Board of County Commissioners
FROM: Angela K. Lewis, Director of Human Resources
DATE: December 18,2018
RE: 2019 Cafeteria Benefit Plan and Health Insurance
Please place this item on the Thursday, December 27, 2018 agenda for the regnlarly scheduled meeting of the Board of County Commissioners.
There are tvvo items attached to this request:
1) A Resolution establishing the Flexible Benefits "Cafeteria" P1an; and 2) A Resolution setting the non-taxable employer contribution.
The Shawnee County Health Insurance Core Committee recommends the employer contribution of $812.00 per month. This arnowl! was budgeted in the 2019 department budgets. The current employer contribution is $781.00 per month.
Please contact me at ext 4440 if you have any questions about this item.
Attachments
RESOLUTION NO. 2018 -71..
A RESOLUTION EST ABLISHJNG A FLEXIBLE BENEFITS "CAFETERIA" PLAN FOR SHAWNEE COUNTY E:\oiPLOYEES
WHEREAS, the Board of County Commissioners of the Cotu1ty of Shawnee, Kansas desires to set forth its flexible compensation plan for all Shawnee County employees and officials pursuant to Section 125 of the Internal Revenue Code;
NOW, THEREFORE, the Board of County Commissioners of the County of Shawnee, Kansas, meeting in regular session this 27th day of December, 2018, does hereby resolve as follows:
SECTION 1.0- DEFINITIONS.
When used herein, the following terms shall have the meanings set forth below, unless a contrary meaning is clearly intended by the context:
1.1 "Allowable salary reduction amount" shall mean the monthly amount by which an employee annually elects to reduce his or her compensation, with the resultant reduction paid to the County to meet the group health insurance premium, the cancer insurance premium, the dental insurance premium, the vision insurance premium and/or the flexible spending account contribution as directed by the participant.
The flexible spending account is capped as follows:
a. Unreimbursed Medical allowable reduction, Two Thousand Six Hundred Fifty and No/100 Dollars ($2,650) annually;
b. Dependent Care allowable reduction as set by Federal law.
1.2 "Cancer insurance plan" shall mean the current or any successor insurance policy providing cancer coverage for employees of the County and their dependents.
1.3 "Cancer insurance premium" shall mean the monthly premium established periodically for coverage under the cancer insurance plan.
1.4 "Compensation" shall mean the base rate of pay plus longevity, overtime, or bonuses, if any received by the employee during the plan year.
1.5 "County" shall mean Shavmee County, Kansas.
1.6 "Effective date" shall mean that date as designated by the plan administrator.
1.7 '"Employee" shall mean any benefit-eligible employee of the County, including benefit eligible elected officials.
1.8 "Employer" shall mean Shavmee County, Kansas.
L9 "Group health insurance plan" shall mean the current or any successor insurance policy contracted for by the County providing health coverage for employees of the County and their dependents.
1.10 "Group health insurance premiwn" shall mean the monthly premium established periodically for coverage under the County's group health insurance plan.
1.11 "Participant" shall mean any employee eligible to participate hereunder as a result of meeting the requirements of Section 3.0 herein.
1.12 "Plan administrator" shall mean the entity designated each year to administer all or part of the County's flexible compensation plan.
1.13 "Plan year" shall mean the twelve-month period commencing on January 1st and ending December 31st of each calendar year commencing January 1, 2019.
1.14 "Pre-tax benefit plans" shall mean the group health insurance plan, the cancer insurance plan, the flexible spending account plan, the deferred compensation plan and the voluntary vision plan.
1.15 "Vision insurance plan" shall mean the current or any successor insurance policy providing vision coverage for employees of the County and their dependents.
1.16 "Vision insurance premiwn" shall mean the monthly premium established periodically for coverage under the vision insurance plan.
SECTION 2.0- FRINGE BENEFITS.
2.1 Benefit Package. In addition to those fringe benefits required by law, the County may make available to all employees, subject to applicable eligibility requirements, the following optional fringe benefits:
a. Group health insurance;
b. Cancer insurance;
c. Flexible Spending Account;
d. Deferred Compensation;
e. Vision insurance;
2
f. Prescription Drug Insurance;
g. Dental Insurance; and
h. Life Insurance
2.2 Non-taxable Employer Contribution. The Board of County Commissioners of the County of Shawnee, Kansas shall periodically determine, at least annually, by separate resolution, what portion, if any, of each of the optional fringe benefits listed in Section 2.1 will be paid by the County as a non-taxable employer contribution.
2.3 Health Insurance. The employer's contribution toward the payment of the group health insurance premiums for all County employees shall be the same rate for each employee regardless of marital status, number of dependents or health insurance plan, if any, chosen.
2.4 Benefit Election. Each County employee shall elect, from those optional fringe benefits set out in Section 2.1, those benefits in which the employee wishes to participate. For the purpose of this section, health insurance shall be construed to include group dental insurance and prescription drug insurance. Employees who choose not to participate in the County's health insurance plan shall not be entitled to any cash benefit.
2.5 Cafeteria Plan. Any employee electing to participate in the County's cafeteria plan shall do so and shall receive benefits as set out further in this resolution. Participation in the cafeteria plan through the salary reduction authorization shall be strictly voluntary.
SECTION 3.0- ELIGIBILITY AND PARTICIPATION.
3.1 Eligibility. Each benefit-eligible permanent employee and each benefit-eligible elected official shall be eligible to participate hereunder as of the first day of the first full month following sixty (60) days from date of hire. Permanent full-time employees are those employees assigned to positions that are intended to work at least 2,080 hours per year. Such permanent full-time employees will receive the full amount of the non-taxable employer contribution towards benefits, subject to the provisions of this plan. Three-quarter employees are those employees assigned to positions that are intended to work at least 1,560 hours per year, but less than 2,080 hours. Tirrec-quarter employees will receive three-fourths (3/4) of the amount of the non-taxable employer contribution towards benefits, subject to the provisions of this plan. Half-time employees are those employees assigned to positions that are intended to work at least 1,040 hours per year, but less than 1,560 hours. Half-time employees will receive one-half(l/2) of the amount of the non-taxable employer contribution towards benefits, subject to the provisions of this plan. Other permanent part-time employees assigned to positions that are
3
intended to work less than 1,040 hours per year will receive no non-taxable employer contribution towards benefits. No temporary employee will receive benefits under this plan.
3.2 Emollrnent. Each participant shall enroll in the plan by completing an enrollment form provided by the plan administrator or through open enrollment online. Such enrollment form shall include the participant's allowable salary reduction amo\.lllt. Eligible participants may enroll when first eligible, prior to January 1st each year, or at such other times or as a result of such other events as provided in Section 4.0 herein.
3.3 Termination of Participation. A participant's participation hereunder shall cease as of the earliest to occur of the date the participant ceases to be an employee, the date the County terminates the plan, or such employee's participation election is revoked as provided in Section 4.5 herein.
SECTION 4.0- PAYMENT OF BENEFITS.
4.1 Election. Each plan year, a participant has the option of receiving such participant's full compensation or electing an allowable salary reduction amount thereby providing coverage under the group health insurance plan, the cancer insurance plan, the vision insurance plan and/or participation in the Flexible Spending Account. For the initial plan year of participation, the election shall be made on or before the date an employee becomes eligible hereunder. In subsequent years, the election must be made at least fifteen (15) days prior to the first full biweekly pay period in January of the plan year to which the election applies. Any such election shall be irrevocable throughout the plan year to which it applies, except as provided in subsection 4.5.
4.2 Continuation of Election. Any election of an allowable salary reduction amount hereunder shall continue to be in effect for the pertinent plan year unless such election is revoked by a participant for n:~sons set forth in subsection 4.5. Furthermore, the failure of an employee to elect a voluntary pre-tax salary reduction amount under this cafeteria plan shall automatically be treated as the employee's election to receive full after-tax salary in lieu of coverage under the pre-tax cafeteria plans, as allowed in this resolution.
4.3 Benefits. Tn the event a participant elects an allowable salary reduction amount, such participant shall be eligible for coverage under the pre-tax benefit plans for the plan year to which the election applies. Notwithstanding anything herein to the contrary, no benefits are promised under the terms of this plan to any participant or the participant's dependents other than those provided by the pretax benefit plans. In the event any benefits under this plan arc ruled ineligible by the Internal Revenue Service, this plan Mil be deemed amended to be in compliance with Federal law.
4.4 Cowny Contribution. The County shall remit out of the same fund for which the employee's compensation is paid the allowable salary reduction amount.
4
4.5 Revocation and Reelection. In the event a participant has a change in family status, such as, but not limited to marriage, divorce, birth or death of a dependent, termination of employment of spouse, or taking of unpaid leave pursuant to the Family and Medical Leave Act, that affects bene!lts, a participant shall, as of the first day of the first biweekly pay period following the date the participant notifies the plan administrator, in writing, be permitted to revoke a prior election of an allowable salary reduction amount and reelect an allowable salary reduction amount and participation in pre-tax benefit plans to apply for the remainder of the plan year. For each plan benef1t, the qualifying change in election event is that allowed under regulations governing Section 125 plans.
SECTION 5.0- ADMINISTRATION OF PLAN.
5.1 Plan Administrator. The designated plan administrator may be a third-party entity or the Shawnee County Human Resources Director or his/her designee. This will be set forth in a separate resolution.
5.2 Rights, Powers and Duties of the Plan Administrator. The rights, powers and duties of a third-party plan administrator shall be governed by a contract between the Board of County Commissioners and the third party, as well as applicable state and federal law. The rights, powers, and duties of the plan administrator as set forth below apply to the Shawnee County Human Resources Director or his/her designee.
The plan administrator shall have such authority as may be necessary to discharge his/her responsibilities under the plan, including the following rights, powers and duties:
a. The plan administrator shall adopt rules governing the procedures not inconsistent herewith and shall keep a permanent record of actions. The plan administrator shall administer the plan uniformly and consistently with respect to persons who are similarly situated.
b. The plan administrator shall prepare and file such reports as may be required by Kansas statute or federal law from time to time.
c. The plan administrator shall not take action with respect to any of the benefits provided hereunder which would be discriminatory in favor of those participants or eligible participants who are officers or highly compensated benefit-eligible elected otlicials of the County.
d. The plan administrator shall have the responsibility for the administration of the plan; and except as herein expressly provided, the plan administrator shall have the right to interpret the provisions of the plan and to determine any questions arising hereunder or in connection with the administration of the plan, including the remedying of any omission,
5
inconsistency or ambiguity, and his/her decision or action in respect thereof shall be conclusive and binding upon any and all participants.
e. The plan administrator may employ such counsel and agents in such clerical, accounting and other services as he/she may require in carrying out the provisions of the plan.
5.3 Exercise of the Plan Administrator's Duties. The plan administrator shall discharge hisJher duties solely in the interest of participanls and former participants:
a. For the exclusive purposes of providing benefits to such participants or former participants and, at his/her discretion, defraying reasonable expenses of plan administration; and
b. With the care, skill, prudence, and diligence ltllder the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.
5.4 Indemnification of Fiduciaries. The County shall indemnify all County employees or elected officials having fiduciary responsibility under federal law to the extent that such employees or elected officials incur loss or damage which may result from such employees' or elected officials' duties, exercise of discretion under the plan, or any act or omission hereunder. Such duties, exercises of discretion, acts or omissions will not be indemnified by the County in the event that such loss or damage is judicially determined or agreed by the employee(s) or elected official(s) to be due to actual fraud or actual malice.
5.5 Compensation. Any employee of the County acting as agent of the plan administrator shall serve without additional compensation for services as such, but all proper expenses incurred by the individual incident to the functioning of the plan shall be paid by the County.
SECTION 6.0- CLAIMS REVIEW PROCEDURE.
6.1 Any participant or former participant, who wishes to request an informal review of a claim for benefits pursuant to the pre-tax benefit plans, or who wishes an explanation of a benefit or its denial may direct a written request to the plan administrator. The plan administrator or his/her designee shall respond to the request by issuing a notice to the claimant as soon as possible but in no event not later than sixty (60) days from the date of the request. This notice furnished by the plan administrator shall be written in a manner calculated to be understood by the claimant and shall include the following:
a. A description of any further material or information which is necessary for the claimant to perfect his/her claim and an explanation of why the material or infonnation is needed;
6
b. The specific reason or reasons for any denial of benefits; and
c. The specific plan provisions on which any denial is based.
SECTION 7.0- MISCELLANEOUS PROVISIONS.
7.1 Amendment and Termination. This plan shall be subject to amendment or termination at any time by the County; provided, however, that amendment or termination shall not affect any right to claim benefits arising prior to such amendment or termination, and provided further that after termination, no person shall be considered to be a parlicipant for any purpose of the plan.
7.2 No Diversion of Assets. No amendment, suspension or termination shall be made which would cause or permit the assets of the plan to be used for any purpose other than the payment of benefits or cause or permit the assets of the plan to inure (other than through paymenls made pursuant to the plan) to the benefit of any individual.
7.3 Applicable Law. The plan is intended to qualifY as a "flexible compensation plan" under Section 125 of the Internal Revenue Code, and shall be construed and interpreted consistent with the requirements of the section. The plan shall be further construed and administered in accordance with the law of Kansas. The plan does not prohibit, and in fact contemplates, the payment of taxable benefits under certain portions hereof. The County shall not be liable for any taxes incurred by any employee by virtue of their participation in the plan.
7.4 No Contract of Employment. Nothing herein contained shaH be construed to constitute a contract of employment behveen the County and any person. The records in the possession of the County shall be final and binding upon all employees as to liability and participation.
SECTION 8.0- EFFECTIVE DATE.
8.1 This resolution shall take effect upon approval by the Sha'INT\ee County Board of Commissioners.
8.2 This resolution rescinds Shawnee County Resolution No. 20i 7~ 72 and any amendments thereto as of the first pay period of2019.
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RESOLUTION NO. 2018 -7 7
WHEREAS, the Board of County Commissioners of the County of Shawnee, Kansas has established a flexible compensation plan or all Shawnee county employees and officials punmant to Section 125 of the Internal Revenue; and
WHEREAS, the Board of County Commissioners of the County of Shawnee, Kansas is authorized to periodically determine the non~taxable employer contribution in accordance with Shawnee County Resolution No, 2018 - _.
NOW, THEREFORE, the Board of County Commissioners of the County of Shav,.nee, Kansas, meeting in regular session this 27th day of December, 2018, does hereby resolve as follows;
1. The non-taxable employer monthly contribution for the year 2019 plan shall be $812.00.
2. The Shawnee County Human Resources Director is designated plan administrator of the group health insurance, cancer insurance and group term life insurance plans for the year 2019. Central Trust Bank/ASI of Columbia, Missouri is designated plan administrator of the Flexible Spending Account pursuant to the 2019 contract betv:een the County and Central Trust Bank/ASI.
3. Resolution No. 2017- 73_ shall remain in full force and effect until the first pay period of2019, at which time it is rescinded.
ATTEST:
BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS
Kevin J. Cook, Chairman
Michele A Buhler, Vice Chair
Robert E. Archer, Member
Cynthia A-.~B;-e-cckc-.-;Cc;-o-cm-:-ty-C;c;;-lc-;rkc-------
APPROVED AS TO FORM & LEGALITY BY THE SHAWNEE COUNTY COUNSELOR'S OFFICE
Date: _____ By:---------
DATE: December 19, 2018
TO: Board of County Commissioners
FROM: Bill Kroll, Facilities Maintenance Director
Shawnee County Facilities Maintenance
200 SE 7• Street Topeka, KS 66603
(785) 251-4490
f I
SUBJECT: Request for approval to accept and execute contract for concrete core samples and petrographic testing of three separate concrete pours utilized in the construction of the Northwest Parking Lot at the Shawnee County Courthouse, with Terracon, in the amount of $6,800. Funding from deferred capital maintenance.
Due to the pending mediation regarding the early failure of the final 1/2 inch of broom finish concrete in the Northwest lot, our Architect, the County Counselor, the Public Works Director, Deputy Public Works Director and Facilities Maintenance Director, are in agreement that this sampling and testing of cores will be instrumental in determining liability for the failing concrete surface. County Counselor will pursue reimbursement if these testing costs in the course of the mediation.
Respectfully submitted,
Bill Kroll Facilities Maintenance Director
I I
December 18, 2018
Shawnee County, Kansas 200 SE 7th Street, Room B-30 Topeka, Kansas 66603
Attn: Mr. Bill Kroll P: (785) 251 4490 E: [email protected]
lrerracan
Re: Proposal for Geotechnical Engineering Services. wRev.1 Shawnee County Courthouse Parking Lot SE 6th Avenue and SE Quincy Street Topeka, Shawnee County, Kansas Terracon Proposal No. P141B5074
Dear Mr. Kroll:
We appreciate the opportunity to submit this proposal to Shawnee County, Kansas (Client) to provide Geotechnical Engineering services for the above referenced project. The following are exhibits to the attached Agreement for Services.
Exhibit A Exhibit B Exhlblt C
Exhibit D
Exhibit E
Project Understanding
Scope of Services Compensation and Project Schedule Site Location and Nearby Geotechnical Data
Anticipated Exploration Plan
Our lump sum fee to perform the scoPe of services described in this proposal is $6,800. See Exhibit C for more details of our fees and consideration of additional seiVices.
Your authorization for Terracon to proceed in accordance with this proposal can be Issued by signing and returning a copy of the attached Agreement for Services to our office.
Sincerely, Terracon Consultants, Inc.
11M~ M. Klein, P.E. ~~~
Geotechnical Engineer Principal
Terrecora Consultants, Inc. 3113 SW Van Buren Street Topeka, Karasas 66611 P (785) 267 3310 F (785} 267 3382 terracon.com
Envrronmellldl Fn~.:rlrtrus Geolr:chrrrcal M,Jtcrr<ll'-
i-
Refelvnc.e Number. P14185074
AGREEMENT FOR SERVICES Thl!; AGREEMENT I! bet\lieen Shawnee County Counselor's Office ("Ctlenlj and Terracon Consulants, Inc:. ('Consultant"} for Servlcea to be provided by Consultant for Client en the Courthouse Parking Lot, Topeka, KS project ("Project"), as described In Consultanfs Proposal dated 121161201B ("Propoaalj, Including but not limited to the Project lnfarmatkm sectrcn, unless the Project Is otherwise descrlbed In Exhibit A to this Agreement {Which seclian cr Exhibit is Incorporated Into this Agreement). 1. Scope of Services. Tlwl scope of Consultant's seMats Is descriDed In the Proposal, Including but not limlled to the Scope of Services section
("Servfcesj, unless Services are otheiWise described in Exhibit B to this Agreement (whlcll seclion or exhibit is incorporeted lnf.o this Agreement). P6rtlons of the Services may be subcontracted. Consurtanrs Services do not Include lhe inlle5llgation or detection of, nor do I'I!ICQmmBndatlons h Consultant's reports address the presence or prevention of biological polh.ltarrts (e.g., mold, fungi, bacteria, viruses, or lhelr byproducls) or occupant safety ISsues. such as vulnerabllty to natural dls.astere, terrorism, or violence. If Servk:el! Include purchase ar software, Client wil ex£ocute a separate software license agreemenl Consultanl's llndlrJgS, opinions, and recommendations are based solely upon data and fnfonniltlon obtained by and furnished to Consultant atlhe time of the Services.
2. Aceeptancel Termination. Client agrees that e;wcutlon of thJs Agreement is a material element of the consideration Consultant requires to execute the Services, and If Sarvlces aJe Initiated by Consultant prior to execution of this Agreement as an accommodation for Client et Client's request, both parties shall oonskler that commencement of Services constitutes formal acceptance of all teiiTIS and condJHons of this Agreement Add!Uonal tarms and conditions may be sdded ar changed only by wriUen amendment to this Agreement signed by both partiH. In the BVIInl CUent usea a purchase order or other form to administer this Agreement, the usa af such form shalf be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party wllhout prier written consent of the other party. Either party may tennlnate this Agreement or the Services upon wrftten notloo to the other. In such case, ConSl.IHant: shall be paid costs Incurred and fees earned to the date Of termination plus reasonable costs of closing the Project.
3. Change Orders. Client may request changes lo the scope of Services by altering or adding to the Servlc:es to be performed. If Client 110 requesl$, ConsUltant will return to Client a statament (or supplemental propose~ of the changtl setting forth an adjuslment to the SeMces and fees for the requested changes. Following GRant's review, cnenf shall provide written acceptance. If Client does not fallow these procedures, but instead directs, authorizes, or peunits Consultant to perform changed or addltkmal work, the services are changed accordingly and Consultant wilt be paid forthie IMlrk according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the !ilte or desc:rlbed to Consultant altha IiTie ct proposal, Consultant Is entilled to a change order equitably adJusting Its Services and fee.
4. Campansatlon and Terms of Payment. Clielt shaH pay compensation for the Selvlces pelformed at the fees stated In the PropDBal, including but not lmled to the Compensation section, unless fees are olhefWise stated rn Exhibit C to this Agreement (Which secllon or Exhibit 19 incorporated Into this Agreement). Jfnolslaled In either, fees wiU be according to Consultant's ament fee schedule. Fee schedules are valid for the calendar year In which they are Issued. Fees do not Include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at leut monthly and payment Is due upon re~ o1' Invoice. Client shall notJti C011suJtant In W1111ng, at the address below, wilhin 15 days of the date of the invoice if Client ob;ects Ia any portion of the charges on the 1/lVOloo, al'ld shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate aUowed by law, for all unpelcl amounts 30 days or older. Client agrees to Pfr/ all collection-related co:W:I that Consulant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. II Is the responslbHity of Client to determine whether f"ederal, slate, or local prevaUing wage requirements apply and lo notify Consultant lfprevalUng wages apply. If it is laterdete1111ined that prevaDing wages apply, and Consultant was not previously notified by Client. Client agrees 1o pay the prevaUing waga from that point forward, as 'NIIIl as a retroactive payment adjustment to bring previously paid amounts in line With prevaling wages. Client also agrees. to defend, Indemnify, and hold harmless Consultant from any alleged violations made by any gavarnmenlal agency regulating prevailing wage activity forfallng to pay prevailing wages, Including the payment of any fines or penalties.
5. Third Party RaHanca. This Agreement and the SeiV[ces provided are for Consullanl and Clleot's sole benefit and exclusive use with no third party beneflciarfes intended. Reliance upon the Services and any work product is limited to Client, and Is not Intended for third parties other than those who have executed Consultanrs reliance agreement, subject to lhe prior approval of Consultant and CHen!.
6. LIMITATION OF LIABIUTY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF niE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, n!E TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES} TO CLIENT AND THIRD PARTIES GRANTED REUANCE IS LIMITEO TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR AN'( AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR TI-llS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITAllON FOR ADDmONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALl. APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEIIIINITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall IndemnitY and hold harmless the other and tllelr respective employees from and against legal Oabilily for c!Uns, losses, damage5, and expenses to the extent such claims, losses, damages, or expenses are legaUy determined to be caused by !hair negligent acts, erroiS, or omissions. In the event such claims, leases, damages, or expenses are legaly determined to be caused by the joint or concwrent negligence af Consultant and Client. they shaD be bome by each party in proportion to lis own neg6gence under oomparathle fault principles. Neither party shall have a duty to defend the alher party, and no duty to defend Is hereby aeated by this indemnity provision and Buell duty is explicitly waived lHlder this Agreement Causes af action arising out of Consultanrs Services or this Agreement ragan:lless of cause(&) or the theory of liabllty, including negligence, indemnity or olher moovery shall be deemed 1o have eoorued and the applicable statute of lfmltat!ons shall commence to run nat later than the date of Consultant's substanlial comptelian of Service3 on the project.
B. Warranty. ConsuHant will perform the Services in a manner cooslstent with that level of care and siOII ordlnariy exercised by mambars of lhe profession currently practicing under similar conditions In !he same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELAllNG TO CONSULTANT'S SERVICES AND CONSULTANT DISClAIMS ANY IMPUED WARRANTIES OR WARRANTIES IMPOSED BY lAW, INCLUDING WARRANllES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IL lnsiD"allca. Consultant represent& thai I now carries, and will cantlnue to carTy. (I) workers' compensation insurance in acoordanca with lhe laws af the states having juriWicllon over Consultanrs employees who are engaged In the Services, and employer's Uablllty Insurance ($1,000,000); (II)
Page1of2 Rev. 4-18
r-------------lrerraca..-. Reference Number. P14185074
commercial general liability Insurance ($1 ,000,000 occ I $2,000,000 agg); (HI) automobile IJab!lily Insurance ($1 ,000,000 8.1. and P.O. combined Bingle limit); and (iv) professional liability Insurance ($1,000,000 claim I agg). Certlfu:ates of Insurance will be provided upon request. Client and ConsuRant shall waive subrogation against the olher party on ell general ~ability and property coverage.
10. CDN15EQUI!NTIAL DAMAGES. NEITHER PARTY SHALL BE UABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY: LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES: COST OF CAPITAL; OR FOR ANY SPECIAL,. CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.
11. Dlapute Resolution. Client shal not be entitled to assert a Claim against Consultant based on any theol}' of professional negligence unlesll and until CUent has obtained the written opinion from a registered, Independent, and reputable engineer, arcflllect. or geologist that Consultant has violated the standard of care applicable to Consullant's perfonnance of the Services. Client sllall provide this opinion to Consultant and the parties shaD endeavor lo resolve the~ displ.lte within 30 days, after Which Client may pursue its re'medJes at law. This Agreement shall be governed by and conBtrued according to Kansas law.
12. Subsurface Explorations. Subsudace condiUons throughout the site may vary from those depicted on logs of d"IScrete borings. test pis, or other eXploratory services. Clleol understands COns\Jtanl's layout of boring and test locations Is approximate and that Consullent may deviate a reasonable distance from those locations. Consultant wm lake reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that Invasive services sucll as drilling or sampling may damage or alter the site. Site restoratiOn Is not provided unless speclflcaly lnchlded in the Services.
13. Tasting and Observations, cnent understands that testing and observaHon are disa"ete sampling procedures, and that such procedures Indicate conditions only a! the depths, locations, and Urnes the procedures were performed. Coosullant wiJI provide test results and opinions based on tests and field observations only for the work tested. Client understands that t&sttng and observation are not oonlinuoos or exhaustive, and are conducted to reduce M not elinlnale- project risk. Client shall cause all tests and Inspections of the site, malerlals, and Services performed by Consultant to be timely and properly scheduled in order for the Servioas to be performed In acoordance with. the plana, spedficallons, contract documents, and Con.sultanfs recommendations. No dalms for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and Inspections have been so performed and COnsultanr.s recommendations have been foUowed. Unless othei'N!se staled In the Proposa~ Client assumas sole responslbArty for d&mnnlnlng wM!her lhe quantity and the nature of Services ordered by Client Is adequate and StJfflctent for Clent'a lnlended purpose. Client is respond:lle (even If delegated to contractor) for requesting se!VIce9, and notifying aod scheduling Consultant sO Consulant can perform these Services. Consultant Is not responsible for damages caused by Se1Vice9 not performed due to a failure to reqJBSI or sdladul& Consultant's SeNices. ConslJitanl shaU not be responsible for the qualty end comp~fflness of Clenfs contraclor's work or their adherence to the project documents, and Consultant's performance of testing and ob~rvation services shaU not relieve ctienfs c:onlractor In any way from its responslblrlly fordefecbl discovered in lis work, or creme a warranty or guarantee. Cof'ISularttwill not sup&IV!Be or direct the work perfol!lled by CHenl's contractor or Us subcontractors and Is not responsible for their means and methods. The extension of unit prices v.flh quantities to establish a lola! estimated cost does not guarantee a maximum cost to complete thaJ Services. The quantities, when given, are estimates based on con!nlct docunents and schedules made available at lite time af the Proposal. Since schedule, performance, production, and charges are directed and/or contro!lad by ethers, any quantlty extensions must be considered as estimated and nota guarantee of maximum cost
14. Sample Disposition, Affected Materiels, and Indemnity. Samples are consum&d In lasting or disposed of UpOn completion of the testing procedures (unless stalad otlle!Wiss In th8 Ssrvlces). CUenl: shall furnish or cause to be furnished to Ccnsultent ell documents and inti:lrmation kncwn or available to Client that relate to the Identity, location, quanllty, nature, or characteristic of any hazardous waste, toxic, radioactive, or conta:mlnamd materials ("Affec:led Materials} at or near thl!l s~ and shaD lnYnedlafflly trarnsrnil new, updalecl, or revised lnformatlon as H becomes avallable. Client agrees thai Consultant is not responsible for the dspositlon of Affected Materials unless specifically provided in lhe Services, and that Client Is responsible for directing such disposition. In no Bllent shall Consultant be required to sign a hazardous waste manifest or lake IItie to any Affected Materials. Client shall have the obligation to make all spll or release notifications to appropriate governmental agencies. The Clent agrees that Consultallt rJelther crealed nor contrlOuled to the crealkm or existwtce of any Affected Materials oond'ltlons aJ !he site and Consulant shall not be responsl:lle lbr any dalms, losses, or damages allegedly arising out of Consultant's pefforTIUifl{;e of SeiVIces llereunder, or lbr any c:la!ms against Consuflanl as a generator, disposer, or arranQBr of Affeated Materials under federal, state, or local law or ordnance.
15. Ownat'$hfp of Documents. Work product, .sttch as reports, logs, data, noffls, or calcutations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systsms, and Ideas d&\leloped during performarJCe of the Services shall remain the sol& property of Consultant Flies shall be maintained In general accordance with Consullant's document retenlion pof10ius and prac:tlces.
16. utiOtlea. Client shaD provide tile location srJdfor arrange for the marting of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to sWterranean structures or utilities. Consultant sllall not be responable for damage to subterr:anean structures or utintles that are not called w Consuftanl's attention, are not correctly markl!ld, Including by a ttllity locate service, or are incorrectly shown on the plane fumtshed to Consullanl
17. Site Access and Safety. Cllenl sltall secure all necessary site relatsd approvals, permits. ncenses, and consents nece&sary to commence and com plata the Services and wiA execute any necessary site access agreement Consultant will be responsible for supervision and site safety measures for Ita own employees, but shall not be responsible for the sUpervision or health and safety precautions for any otlvlr parties, including Client, Client'$ contractors, subcontractors, or other parties pr»Sent at the sRe.
Consultant
By.
Name/Title:
Address:
Phone:
Email:
Page2 of2
1211812018
Client .,, Name/Trtle: ,..,... Phone: Email:
Shawnee Coamty Counselor's Office
"'""
Approved .... logaJIIy and Form: Date 1~
ASST. CO. COUHS
Rev. 4-18
I
I Proposal for Geotechnical Engineering Services 1r.:erra Shawnee County Courthouse Parking Lot. Topeka, Shawnee County, Kansas II can December 18, 2018 • Terracon Proposal No. P14185074
EXHIBIT A ·PROJECT UNDERSTANDING
Our Scope of Services is based on our understanding of the project as described by the Client and the expected subsurface conditions as described below. We request the Client verify all information prior to our initiation of field exploration activities.
Site Location and Anticipated Conditions
Parcel Information
Existing Improvements
The project is located southeast of the intersection of SE 6th Avenue and SE Quincy Street in Topeka, Shawnee County, Kansas.
The general area of the project is improved with an existing parking lot that services the adjacent courthouse building.
Cu"ent Ground Cover Portland cement concrete
Existing Topography
Site Access
Expected Subsurface Conditions
Due to the surrounding development, we expect the site is relatively level.
We expect the site, and all exploration locations, are accessible with our truck~mounted drilling equipment provided parking lots are blocked off prior to our mobflizatlon.
We \NOuld anticipate native soil profile consisting of lean to fat clays. Due to the development In and around the site, we anticipate existing fill Will also be encountered.
Planned Construction
lnfonnatlon Provided
Project Description
Our understanding of the project is from conversations with the Client
We understand the existing concrete parking lot, includlng curbs, 'NaS recently constructed in two separate pours; the east half and west half. Soon after construction, the parking lot showed signs of distress In the form of spalling. The project includes the sampling and evaluation of concrete cores that will be obtained from the site for the purpose ofevaluatlng the cause(s) of the noted distress.
Responsive • Resourceful • Reliable EXHIBIT A- PROJECT UNDERSTANDING 1 of 1
Proposal for Geotechnical Engineering Services 1 r! Shawnee county Courthouse Parking Lot • Topeka, Shawnee county, Kansas 1erracon December 18,2018 • Terracon Proposal No. P14185074
EXHIBIT B- SCOPE OF SERVICES
Our proposed Scope of Services consists of field exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections.
Field ExploraUon
Based on input provided by the client, and our experience with similar projects in the vicinity of the project site, we propose the following f~eld exploration program:
1. Below ground surface. 2. The planned boring locations are shown on the attached Anticipated Exploration Plan
Boring Layout and Elevations: We will use handheld GPS equipment and reference existing site features to locate borings with an estimated horizontal accuracy of +/-10 feet. If available, approximate ground surtace elevations will be obtained by interpolation from a site specific, surveyed topographic map.
Subsurface Exploration Procedures: We will core drill through the existing parking to obtain concrete samples with an approximate 4n diameter. The samples will be placed in appropriate
containers and taken to our soil laboratory for tes1ing.
Property Disturbance: Terracon will take reasonable efforts to reduce damage to the property. However, it should also be understood that in the normal course of our work some such disturbance could occur.
Pavements will be patched with hand mixed concrete. Our services do not include repair of the site beyond patching the existing pavements. Because backfill material often settles below the surface after a period, we recommend boreholes to be periodically checked and backfilled, if necessary.
Safety
Terracon is not aware of environmental concerns at this project site that would create health or safety hazards associated with our exploration program; thus, our Scope considers standard OSHA level D Personal Protection Equipment (PPE) appropriate. Our Scope of services does not include environmental site assessment services, but identification of unusual or unna_tural materials encountered while drilling will be noted on our logs and discussed in our report.
Responsive • Resourceful • Reliable EXHIBIT B- SCOPE OF SERVICES 1 of 2
Proposal for Geotechnical Engineering Services 1r.: Shawnee County courthouse Parking Lot • Topeka, Shawnee county, Kansas 1erracan December 16,2018 • Terracon Proposal No. P14185074
Exploration efforts require borings into the subsurface, therefore Terracon will comply with local regulations to request a utility location through Kansas One Call. We will consult with the owner/client regarding potential utilities, or other unmarked underground hazards. Based upon the results of this consultation, we will consider the need for alternative subsurface exploration methods, as the safety of our field crew is a priority.
Private utilities should be marked by the owner/client prior to commencement of field exploration. Terracon will not be responsible for damage to private utilities that are not made aware to us. If the owner/client Is not able to accurately locate private utilities, Terracon can assist the owner/client by coordinating or subcontracting with a private utility locating services. Fees associated with the additional services are not included in our current scope of services. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private utility locate service would not relieve the owner of their responsibilities in identifying private underground utilities.
Site Access: Terracon must be granted access to the site by the property owner. By acceptance of this proposal, without information to the contrary, we consider this as authorization to access the property for conducting field exploration in accordance with the Scope of Services.
Laboratory Testing and Report
We will perform a petrographic analysis of one core obtained from each pour. We INill provide a report of the laboratory testing that will include an analysis of the air content, curing, consolidation, aggregate types, types of cemented materials, fractures along with o1her materials properties of the sample. We will then provide an opinion to the cause(s) of the reported scaling that has occurred.
Responsive • Resourceful • Reliable EXHIBIT B- SCOPE OF SERVICES 2 of 2
Proposal for Geotechnical Engineering services lfierraCDn Shawnee County Courthouse Parking Lot • Topeka, Shawnee County, Kansas
December 18,2018 • Terracon Proposal No. P14185074
EXHIBIT C- COMPENSATION AND PROJECT SCHEDULE
Compensation
Based upon our understanding of the site, the project as summarized in Exhibit A and our planned scope of services outlined in Exhibit B, our fee is shown in the following table:
Concrete Coring and Patching $900.00
Petrographic Analysis (3@ $1,800 each) $5,400
Project Management/Reporting $500
Total $6,800
Additional services not part of the base fee include the following:
Private Utility Locate Service 1 $750
Review
. I Services TBD
1. If the owner/cUent Is unable to accurately locate private utilities, we can subcontract a private utllfty locaHng firm and! or ullllze geophysical equipment, If necessary. The detection of underground utilities Is dependent upon the composition and construction of utility One& Some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private locate service does not relieve the owner of their responsibilities in identifying private underground utilities.
Unless instructed otherwise, we will submit our invoice(s) to the address shown at the beginning of this proposal. If conditions are encountered that require Scope of Services revisions and/or result in higher fees, we will contact you for approval, prior to initiating services. A supplemental proposal stating the modified Scope of Services as well as its effect on our fee will be prepared. We will not proceed without your authorization.
Responsive • Resourceful • Reliable EXHIBIT C- COMf!ENSATION AND PROJECT SCHEDULE 1 of 2
Proposal for Geotechnical Engineering Services 1 l:erra n Shawnee County Courthouse Parking Lot. Topeka, Shawnee County, Kansas n CD December 18, 2018 • Terracon Proposal No. P14185074
Project Schedule
We developed a schedule to complete the Scope of Services based upon our existing availability and understanding of your project schedule. However, this does not account for delays in field exploration beyond our control, such as weather conditions, permit delays, or lack of permission to access the boring locations. In the event the schedule provided is Inconsistent with your needs, please contact us so we may consider alternatives.
Responsive • Resourceful • Reliable EXHIBIT C- COMPENSATION AND PROJECT SCHEDULE Z of 2
EXHIBIT D- SITE lOCATION AND PREVIOUS GEOTECHNICAL DATA Shawnee County Courthouse Parking Lot • Topeka, Shawnee County, Kansas December 18, 2018 • Terracon Proposal No. P14185074
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EXHIBIT E- ANTICIPATED EXPLORATION PLAN
Shawnee County Courthouse Parking Lot • Topeka, Shawnee County, Kansas December 18, 2018 • Terracon Proposal No. P14185074
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I I I I
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DATE: December 19,2018
TO: Board of County Commissioners
FROM: Bill Kroll, Facilities Maintenance Director
Shawnee County Facilities Maintenance
200 SE 7~ Street Topeka, KS 66603
(785) 251-4490
SUBJECT: Request for approval to solicit Requests For Qualification (RFQ) proposals for Courthouse exterior cleaning, repairs, renovations and weather proofing.
In 2019, Facilities would like to utilize remaining Deferred Capitol Maintenance funds to complete work on the exterior of the Shawnee County Courthouse. Work to include replacing joint sealants, cleaning of native stone siding and granite, weather proofing exterior, replace window caulking and cleaning of exterior windows. Work like this is quite specialized so qualifications and historical successes of potential firms must be considered
Respectfully,
Bill Kroll Facilities Maintenance Director
Cc: Betty Greiner, Director of Administrative Services
