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HomeMy WebLinkAbout495925 HAYS COMPANIES - CONTRACT - RFP - 7279 BENEFITS CONSULTANTPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Hays Companies of Denver, hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence December 1, 2011, and shall continue in full force and effect until December 31, 2012, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement maybe extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 1 of 21 9: Ongoing City Benefit Administration Assistance • Meet with City staff on an as needed basis, at least quarterly • Assist with claims administration by providing a comprehensive, objective review of received and processed claims to determine whether the claims are adjudicated according to contractual performance standards, appropriate benefits, and industry standards • Provide responsive attention as needed to address claim issues providing research with carriers and adjudication of specific claims as requested by client • Provide liaison services between and other benefits contractors/vendors and providers including coordination of reporting and assistance resolving problems and concerns 10: Additional Services (as outlined in Professional's Response to Request for Proposal) • Audit of the City's prescription drug plan and vendor marketing • Assistance with claims advocacy on behalf of the employees • Evaluation and Implementation of an in-house clinic or pharmacy, if approved • Evaluation of payroll vendors Implementation of online benefits administration tools Print, email, and online benefit communication campaigns (may be additional costs for print costs) Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 10 of 21 EXHIBIT "B" HIPAA BUSINESS ASSOCIATE AGREEMENT This HIPAA Business Associate Agreement (the "Agreement") is made by and between CLIENT NAME, hereinafter referred to as Covered Entity ("CE") and Hays Companies ("Hays"), and is effective as of December 1, 2011 (the "Effective Date"). 0191 _i163 A. CE wishes to disclose certain information ("Information") to Hays pursuant to the terms of this Agreement, some of which may constitute Protected Health Information ("PHI"). B. CE and Hays intend to protect the privacy and provide for the security of PHI disclosed to Hays pursuant to this Agreement in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA") and regulations promulgated thereunder by the U.S. Department of Health and Human Services (the "HIPAA Regulations") and other applicable laws including the requirements of the Health Information Technology for Economic and Clinical Health Act, (HITECH) as incorporated by the American Recovery and Reinvestment Act of 2009 (ARRA). C. The purpose of this Agreement is to satisfy certain standards and requirements of HIPAA and the HIPAA Regulations, including, but not limited to, Title 45, Section 164.504(e) of the Code of Federal Regulations ("CFR"), as the same may be amended from time to time. In consideration of the mutual promises below and the exchange of information pursuant to this Agreement, the parties identified above agree as follows: AGREEMENT. Definitions a. "Breach" means the unauthorized acquisition, access use, or disclosure of protected health information (PHI). "Breach" does not include the unauthorized acquisition, access, or use of PHI that is unintentional and made by an employee or individual acting under authority of a covered entity or business associate if such acquisition, access, or use was made in good faith and within the course and scope of the employment or other professional relationship with the covered entity or business associate, and such information is not further acquired, accessed, used, or disclosed; or where an inadvertent disclosure occurs by an individual who is authorized to access PHI at a facility operated by a covered entity or business associate to another similarly situated individual at the same facility, as long as the PHI is not further acquired, accessed, used, or disclosed without authorization b. "CE' or Covered Entity for the purpose of this contract shall mean Client Name and the term shall have the meaning given under the HIPAA Regulations, including, but not limited to, 45 CFR Section 160.103. C. "Electronic Protected Health Information" means protected health information that is created, received, maintained, or transmitted in an electronic format by or on behalf of the health care component of the covered entity. Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 11 of 21 d. "The Hays Companies' or "Hays" is a business associate of the CE as that term is defined under HIPAA and the HIPAA Regulations, including, but not limited to, the Privacy Rule 45 CFR Section 160.103. e. "Individual" shall have the same meaning as given in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). f. "Privacy Rule" shall mean the standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. g. "Protected Health Information' or "PHI" means any information, whether oral or recorded in any form or medium: (1) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual, and (ii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual, (iii) which is limited to the information created or received by Hays from or on behalf of Covered Entity, and shall have the meaning given to such term under HIPAA and the HIPAA Regulations at 45 CFR Section 160.103. h. "Required By Law' shall have the same meaning as the term "required by law" in 45 CFR 164.103. i. "Secretary' shall mean the Secretary of the U.S. Department of Health and Human Services or his designee. j. "Security Incident" means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. k. "Security Rule" shall mean the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR Parts 160, and 164, Subparts A and C. 2. Obligations of Hays. a. Permitted Uses and Disclosures. Hays may use and/or disclose PHI received by Hays pursuant to this Agreement ("CE's PHI") solely in accordance with the specifications set forth in Exhibit A, which is incorporated herein by reference. In the event of any conflict between this Agreement and Exhibit A, this Agreement shall control. (45 CFR § 164.504(e)(2)(i)] b. Nondisclosure. Hays shall not use or further disclose CE's PHI otherwise than as permitted or required by this Agreement or as Required By Law. [45 CFR § 164.504 (e) (2) (ii) (A) ] C. Safeguards. Hays shall use appropriate safeguards to prevent use or disclosure of CE's PHI otherwise than as provided for by this Agreement. [45 CFR § 164.504(e)(2)(li)(B)] Hays shall implement reasonable and appropriate administrative, technical and physical safeguards appropriate to the size and complexity of the Hays' operations and the nature and scope of its activities. Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 12 of 21 d. Reporting of Disclosures. Hays shall report to CE any use or disclosure of CE's PHI otherwise than as provided for by this Agreement of which Hays becomes aware. [45 CFR § 164.504(e)(2)(ii)(C)] e. Hays'Agents. Hays shall ensure that any agents and/or subcontractors, to whom it provides PHI received from (or created or received by Hays on behalf of) CE agree to the same restrictions and conditions that apply to Hays with respect to such PHI. [45 CFR § 164.504(e)(2)(D)] f. Availability of Information to CE. Hays shall make available to CE such information as CE may require to fulfill CE's obligations to provide access to, provide a copy of, and account for disclosures with respect to PHI pursuant to HIPAA and the HIPAA Regulations, including, but not limited to, 45 CFR Sections 164.524 and 164.528. [45 CFR § 164.504(e)(2)(E) and (G)] g. Amendment of PHI. Hays shall make CE's PHI available to CE as CE may require to fulfill CE's obligations to amend PHI pursuant to HIPAA and the HIPAA Regulations, including, but not limited to, 45 CFR Section 164.526 and Hays shall, as directed by CE, incorporate any amendments to CE's PHI into copies of such PHI maintained by Hays. [45 CFR § 164.504(e)(2)(F)] h. Internal Practices. Hays shall make its internal practices, books and records relating to the use and disclosure of PHI received from CE (or created or received by Hays on behalf of CE) available to the Secretary for purposes of determining Hays' compliance with HIPAA and the HIPAA Regulations. (45 CFR § 164.504(e)(2)H)] i. Notification of Breach. During the term of this Agreement, Hays shall notify CE as soon as reasonably feasible but not later than three (3) business days of any suspected or actual breach of security, intrusion or unauthorized use or disclosure of PHI and/or any actual or suspected use or disclosure of data in violation of any applicable federal or state laws or regulations or any actual or suspected security incident of which it becomes aware. Hays shall take (i) prompt corrective action to cure any such deficiencies and (ii) any action pertaining to such unauthorized disclosure required by applicable federal and state laws and regulations. 3. Obligations of CE. a. Disclosure of PHI in accordance with Privacy Rule. Pursuant to the terms of this Agreement and The Privacy Rule, CE shall disclose PHI to Hays in accordance with the Privacy Rule and this Agreement. Disclosure under this Agreement may also include disclosure directly to Hays from CE's agents or subcontractors, or another covered entity or business associate of the CE (besides the health plan (Plan), which may include but is not limited to a claims administrator, insurer, third party administrator or health care provider or clearinghouse) which maintains and has access to the CE's PHI, provided that such disclosure is in accordance with the Privacy Rule and any contracts regarding HIPAA disclosures entered into between the CE and the agent, subcontractor, other covered entity or business associate of the CE. b. Safeguards. CE shall be responsible for using appropriate safeguards to maintain and ensure the confidentiality, privacy and security of PHI transmitted to Hays pursuant to this Agreement, in accordance with the standards and requirements of HIPAA and the Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 13 of 21 HIPAA Regulations, until such PHI is received by Hays. Any specifications defining the point of receipt of CE's PHI by Hays shall be set forth in Exhibit A. C. Notice of Privacy Practices. CE shall provide Hays with the notice of privacy practices in accordance with the Privacy Rule that CE produces in accordance with 45 CFR 164.520, as well as any changes or updates to such notice. d. Notice of Changes in Authorizations or Consents. CE shall provide Hays with any changes in, or revocation of, permission by Individual to use or disclose PHI, if such changes affect Hays' permitted or required uses and disclosures. e. Notice of Restrictions. CE shall notify Hays of any restriction to the use of disclosure of PHI that CE has agreed to in accordance with 45 CFR 164.522. 4. Other Obligations a. Permissible Request by Covered Entity. CE shall not request Hays to use or disclose PHI in any mannerthat would not be permissible under the Privacy Rule, if done by Covered Entity, except to the extent that Hays will use or disclose PHI for, and this Agreement includes provisions for, data aggregation or the business management and general administrative activities of Hays. b. Security Procedures. As of the Security Rule Effective Date (April 20, 2005) Hays and CE shall implement appropriate administrative, physical and technical safeguards to protect the confidentiality, integrity and availability of the electronic protected health information received by Hays from CE. Moreover, inasmuch as Hays and CE exchange data or PHI electronically, each party shall and will require any subcontractor or agent involved in the electronic exchange of data or PHI to comply with the following: (i) Require its agents and subcontractors to provide security for all data or PHI that is electronically exchanged between Hays and CE; and (ii) implement and maintain, and shall require its agents and subcontractors to implement and maintain, appropriate and effective administrative, technical, and physical safeguards to protect the security, integrity, and confidentiality of data or PHI electronically exchanged between Hays and CE, including access to data or PHI. Each party and its agents and subcontractors shall keep all security measures current and shall document its security measures implemented in written policies, procedures or guidelines, which such party will provide to the other party upon that party's request. 5. Audits, Inspection and Enforcement. From time to time upon reasonable notice, upon a reasonable determination by CE that Hays has breached this Agreement, CE may inspect the facilities, systems, books and records of Hays to monitor compliance with this Agreement. Hays shall promptly remedy any violation of any term of this Agreement. Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 14 of 21 6. Termination. a. Material Breach. A material breach by Hays or CE of any provision of this Agreement shall provide grounds for immediate termination of the Agreement. [45 CFR § 164.504(e)(2)(iii)] b. Reasonable Steps to Cure Breach. If CE knows of a pattern of activity or practice of Hays that constitutes a material breach or violation of Hays' obligations underthe provisions of this Agreement or another arrangement and does not terminate this Agreement or other arrangement pursuant to Section 6(a), then CE shall take reasonable steps to cure such breach or end such violation, as applicable. If CE's efforts to cure such breach or end such violation are unsuccessful, CE shall either (i) terminate this Agreement or other arrangement, if feasible or (ii) if termination of this Agreement or other arrangement is not feasible, CE shall report Hays' breach or violation to the Secretary. [45 CFR § 164.504(e)(1)(ii)] C. Effective February 17, 2010: Reasonable Steps to Cure Breach. If Hays knows of a pattern of activity or practice of CE that constitutes a material breach or violation of CE's obligations under the provisions of this Agreement or another arrangement and does not terminate this Agreement or other arrangement pursuant to Section 6(a), then Hays shall take reasonable steps to cure such breach or end such violation, as applicable. If Hays' efforts to cure such breach or end such violation are unsuccessful, Hays shall either (i) terminate the Agreement or other arrangement, if feasible or (ii) if termination of the Agreement or other arrangement is not feasible, Hays shall report CE's breach or violation to the Secretary. [45 CFR § 164.504(e)(1)(ii)] d. Judicial or Administrative Proceedings. Either party may terminate this Agreement, effective immediately, if (i) the other party is named as a defendant in a criminal proceeding for a violation of HIPAA or (ii) a finding or stipulation that the other party has violated any standard or requirement of HIPAA or other security or privacy laws is made in any administrative or civil proceeding in which the party has been joined. e. Effect of Termination. Upon termination of this Agreement for any reason, Hays shall return and/or destroy (unless subject to a court order prohibiting destruction or requiring production) all PHI received from CE (or created or received by Hays on behalf of CE) that Hays still maintains in any form, and shall retain no copies of such PHI or, if return or destruction is not feasible, it shall continue to extend the protections of this Agreement to such information, and limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. Indemnification. To the extent permitted by law, each party will indemnify, hold harmless and defend the other party to this Agreement from and against any and all claims, losses, liabilities, costs. and other expenses incurred as a result of, or arising directly or indirectly out of or in connection with: (i) any misrepresentation, breach of warranty or partial -fulfillment or non -fulfillment of any undertaking on the part of the party under this Agreement; and (ii) any claims, demands, awards, judgments, actions and proceedings made by any person or organization arising out of or in any way connected with the party's performance under this Agreement. Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 15 of 21 8. Amendment. a. Amendment to Comply with Law. The parties acknowledge that state and federal laws relating to electronic data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide for procedures to ensure compliance with such developments in the Privacy Rule and other applicable law. The parties specifically agree to take such action as is necessary to implement the standards and requirements of HIPAA, the HIPAA Regulations and other applicable laws relating to the security or confidentiality of PHI. The parties understand and agree that CE must receive satisfactory written assurance from Hays that Hays will adequately safeguard all PHI that it receives or creates pursuant to this Agreement. Upon CE's request, Hays agrees to promptly enter into negotiations with CE concerning the terms of an amendment to this Agreement embodying written assurances consistent with the standards and requirements of HIPAA, the HIPAA Regulations or other applicable laws. CE may terminate this Agreement upon 30 days written notice in the event (i) Hays does not promptly enter into negotiations to amend this Agreement when requested by CE pursuant to this Section or (ii) Hays does not enter into an amendment to this Agreement providing assurances regarding the safeguarding of PHI that CE, in its sole discretion, deems sufficient to satisfy the standards and requirements of HIPAA and the HIPAA Regulations. b. Amendment of Exhibit A. Exhibit A maybe modified or amended by mutual written agreement of the parties at any time without amendment of this Agreement. 9. No Third -Party Beneficiaries Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than CE, Hays and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 10. Effect on Agreement. Except as specifically required to implement the purposes of this Agreement, or to the extent inconsistent with this Agreement, all other terms of the Agreement shall remain in force and effect. 11. Interpretation. This Agreement and the attached Exhibit A shall be interpreted as broadly as necessary to implement and comply with HIPAA, HIPAA Regulations and applicable state laws. All references in this Agreement to a Section in the Privacy Rule means the section as in effect or as amended, and for which compliance is required. The parties agree that any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with HIPAA and the HIPAA Regulations. Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 16 of 21 12. Duty to Report Disclosure. Hays shall report to the CE any use or disclosure of PHI not provided for by this Business Associate Agreement of which it becomes aware, as follows: a. Privacy Breach. Hays shall report to CE any use or disclosure of PHI not authorized by this Business Associate Agreement, by law, or in writing by Plan. Hays shall make the report to the CE's Privacy Official not less than 3 business days after Hays learns of such unauthorized use or disclosure. Hays' report shall: (a) identify the nature of the unauthorized use or disclosure; (b) identify the PHI used or disclosed, including the identity of each individual whose information was accessed, or reasonably believed by Hays to have been accessed; (c) identify who made the unauthorized use and/or received the unauthorized disclosure if known to Hays; (d) identify what Hays has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure; (e) identify what corrective action Hays has taken or shall take to prevent future similar unauthorized use or disclosure; and (f) provide such other information as reasonably requested by CE's Privacy Official. A privacy breach shall be deemed to have occurred on the earlier of the date discovered, or the date on which Hays should have reasonably known of the breach. 1). Individual Notice. CE shall be responsible for providing notice to each individual whose information was accessed or was reasonably believed to have been accessed. Such notice shall be provided without unreasonable delay, and within at least sixty (60) calendar days after discovery. The notice shall be provided in writing by first class mail or electronic mail if such preference was expressed by the individual, unless the contact information for the individual is outdated, then it shall be provided in such format as the Plan shall provide. Where the necessity of notification is more urgent, CE may provide Notice to the individual by telephone or similar means. ii). Media Notice. CE shall provide notice to prominent media outlets serving the applicable State or jurisdiction, following the discovery of a breach, if the unsecured protected health information of more than 500 residents of such State orjurisdiction is, or is reasonably believed to have been, accessed, acquired, or disclosed during such breach. III). Notice to the Secretary. CE shall provide notice to the Secretary of Health and Human Services of unsecured protected health information that has been acquired or disclosed in a breach. If the breach was with respect to 500 or more individuals than such notice must be provided immediately. If the breach was with respect to less than 500 individuals, the covered entity may maintain a log of any such breach occurring and annually submit such a log to the Secretary. b. Delay for Law Enforcement. If a law enforcement official determines that a notification, notice, or posting required under this section would impede a criminal investigation or cause damage to national security, such notification, notice, or posting shall be delayed in the same manner as provided under section 164.528(a)(2) of title 45, Code of Federal Regulations. 13. Duty to Comply with Applicable Statutes. Without limiting the preceding paragraphs, Hays and CE agree to comply with all applicable statutes and regulations, specifically and including, Title 45 §§164.308, 164.310, 164.312, 164.316. Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 17 of 21 14. Duty to Use PHI Exclusively for Approved Purposes. Without limiting the preceding paragraphs, Hays and CE agree to use and disclose PHI only if such use or disclosure, respectively, is in compliance with each applicable requirement of Title 45 §164.504(e). IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date. Client Name: City of Fort Collins Hayses By: gy. Print Name: Print Name: Title: 1 2� (2jk) PU 2W'45VTuiy `` II --+, 2-V4x� (''T Date: y 13 I b Date: — , �- a1t CaYf�siSt�es,� Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 18 of 21 EXHIBIT "C" PERMITTED USES AND DISCLOSURES This Exhibit sets forth the permitted uses and disclosures of Information by Hays pursuant to Section 2 of The Hays Companies HIPAA Business Associate Agreement ("Agreement") by and between CE and The Hays Companies ("Hays"), effective as of December 1, 2011 (the "Exhibit Effective Date"). This Exhibit may be amended from time to time as provided in Section 8.b. of the Agreement. 1. Purposes of Disclosure. The purpose(s) for which CE shall disclose Information to Hays are as follows: Obtaining proposals for medical, dental, vision and other covered products: maintenance of the applicable benefit programs: claim intervention on behalf of plan participants. 2. Information to be Disclosed. CE shall disclose the following Information to Hays in accordance with the terms of the Agreement: Census information necessary to obtain proposals for the requested plans: prior plan experience: plan structures: PHI needed to satisfy the potential carriers: and other information crucial to obtaining proposals for and/or maintenance of the program. 3. Permitted Uses and Disclosures of Information. Hays may use or disclose PHI to perform functions, activities, or services for, or on behalf of, or to provide services to the CE provided that such use or disclosure would not violate the Privacy Rule if done by the CE. Hays shall be limited to the following uses and/or disclosures of CE's PHI: Obtaining proposals for and maintenance of Plan benefit programs: claim intervention on behalf of plan participants. 4. Subcontractor(s). If Hays intends to utilize any subcontractor(s) in performing Hays' obligations under the Agreement, such subcontractor(s) shall be identified as follows: ONLYif Hays pays for the services: Plan It, Burchfield. Claim auditing firms. FSA/COBRA administrators, On -Line enrollment/billing services 5. Use for Management and Administration. Hays may use PHI received by Hays in its capacity as a Business Associate of CE for the proper management and administration of Hays, if such disclosure is necessary (i) for the proper management and administration of Hays or (ii) to carry out the legal responsibilities of Hays. 6. Disclosure for Management and Administration. Hays may disclose PHI received by Hays in its capacity as a Business Associate of CE for the proper management and administration of Hays if (i) the disclosure is Required By Law or (ii) Hays (a) obtains reasonable assurances from the person to whom the PHI is disclosed that it will be held confidentially and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person and (b) the person notifies Hays of any instances of which it becomes aware in which the confidentiality of the PHI has been breached. Data Aggregations Services. For purposes of this Section, "Data Aggregation" means, Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 19 of 21 Professional: City: With Copy to: Hays Companies of Denver City of Fort Collins City of Fort Collins Attn: Eric Rosales Human Resources Purchasing 1125 171h Street, Suite 1710 Attn: Amy Sharkey PO Box 580 Denver, CO 80202 PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible forthe professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis. The City shall pay the Professional Five -Thousand -Eight -Hundred -Thirty -Three Dollars ($5,833) for the month of December 2011. The maximum compensation for 2012 shall not exceed Seventy - Thousand -Dollars ($70,000). Not to exceed amounts for subsequent years shall be as follows: Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 2 of 21 with respect to CE's PHI, the combining of such PHI by Hays with the PHI received by Hays in its capacity as a Business Associate of another Covered Entity to permit data analyses that relate to the health care operations of the respective Covered Entities. Hays shall provide the following Data Aggregation services relating to the health care operations of CE: Periodic claim reports: services for obtaining proposals for coverage 8, Receipt. Hays' receipt of CE's PHI pursuant to the transactions contemplated by this Agreement shall be deemed to occur as follows, and Hays` obligations under this Agreement shall commence with respect to such PHI upon such receipt: Hays Companies will receive data needed to implement the wo rking arrangement with CE and thereafter on an� on -going basis as needed for the maintenance of the service arrangement agreed to between Hays and the CE. 9. Additional Restrictions on Use of Data. CE is a Business Associate of certain other Covered Entities and, pursuant to such obligations of CE, Hays shall comply with the following restrictions on the use and disclosure of PHI: Has will only use PHI as directed b CE who will act in accordance with its obli ations. 10. Additional Terms. This section may include specifications for disclosure format, method of transmission, use of an intermediary, use of digital signatures or PHI, disaster recovery planning, authentication, additional security or privacy specifications, de -identification of data and other additional terms: This section should be used only for specific applications such as when Hays may act as intermediary in receipt and transmission of electronic data Client Name: City of Fort Collins Print Name: _ �` C r 'j- Title: Date: i .. �... Hays Companies By: Print Name: e- �- �/ Title: V GC-f�/D�yT Date: Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 20 of 21 EXHIBIT "D" CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Professional shall not disclose any such information to any person not having a legitimate need -to - know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation underthis Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City's remedies at law for a breach of the Professional's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 21 of 21 a� " CERTIFICATE OF LIABILITY INSURANCE DATE ( IDD 11/2M9,201YYY) 11/29/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-612-333-3323 CONTACT Cheryl Johnson or Melody Kronbach NAME: ry Y Hays Companies PHONEFAX fAIC.N E 1, 612-333-3323 aC No: 612-373-7270 E-MAILADDRESS: 80 South 8th Street Suite 700 Minneapolis, MN 55402 PRODUCER HAYSG-2 CU51QM INSURERS AFFORDING COVERAGE NAIC Is INSURED INSURERA: MASSACHUSETTS BAY INS CO 22306 Hays Companies INSURER B: ALLMERICA FIN BENEFIT INS CO 41840 INSURER C: HANOVER INS CO 122292 80 South 8th Street, Suite 700 INSURER D: Minneapolis, MN 55402 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 24215963 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL SUER POLICY EFF POLICY EXP POLICY NUMBER MMIDD MMIDO LIMITS A GENERAL LIABILITY ZDX$99611600 01/19/11 01/19/12 EACH OCCURRENCE 5 1,000, 000 X COMMERCIAL GENERAL LIABILITY 0.AIMS-MADE I -XI OCCUR DAMAGEPREMISESS(E ENrEO R olxurtence S 1, 000, 000 NED EXP(Any one person) S 15,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO- LOG S H AUTOMOBILE X LIABILITY ANY AUTO AWX899612601 01/19/1 01/19/12 COMBINED SINGLE LIMIT (Ea accident) S 1,000,000 BODILY INJURY (Per person) S ALL OWNED AUTOS BODILY INJURY (Par acdtlen0 $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ X NON -OWNED AUTOS S X COMP/COLL $500 IS C X UMBRELLA LIAB X OCCUR =899611700 01/19/1 01/11/12 EACH OCCURRENCE $ 20, 000, 000 gGGREGATE $ 20, 000, 000 EXCESS LIAB CLAIMS -MADE DEDUCTIBLE 5 5 RETENTION $ A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? FN-1 NIA WDX905749800 WDX905736900 01/19/1 01/19/1 01/19/12 01/19/12 X WC LIMIT FIR - RY LIMITS E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandator, in NH) If yes, descma, under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Property " pecla orm' ZDX899 11 00 HLRT BPP C WORKERS' COMPENSATION WHX8996173 O1/19/1 01/19/12 EL LIMITS 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more apace la required) The City, its officers, agents and employees shall be named as additional insureds on the general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Collins THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 580 AUTHORIZED REPRESENTATIVE Fort Collins, CO 80522 I USA �✓L/ ��/�� bkrebsbach © 1988.2009 ACORD CORPORATION. All rights reserve. w1.Vrsu ca tcuuelue) Ine ACut(U name and logo are registered marks of ACORD 24215963 OP ID: P6 14lHCERTIFICATE OF LIABILITY INSURANCE OATo871DIYYYY) 08111/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 612-333-3323 Hays Companies 612-373.7270 80 South 8th Street #700 Minneapolis, MN 55402 James C. Hays CONTACT NAME PHONE FAX E- AIL PRODUCER CUSTOMER ID #: HAYSG•2 INSURER(S) AFFORDING COVERAGE NAIC# INSURED The Hays Group, Inc. dba INSURER A: Chards Specialty Insurance Co 26883 Hays Companies IDS Center, Suite 700 80 South 8th Street INSURER B : INSURER C: Minneapolis, MN 55402 INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AODL UBR NIV I POLICY NUMBER POLICY EFF MMIDDMIYY POLICY UP MMMDIrYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABW TY DWAAGETO-REN PREMISES(Ea occurrence $ MED EXP(My one person) $ CLAIMS -MADE OCCUR PERSONAL& ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILYINJURY(Parperson) $ ALLOWNED AUTOS BODILY IWURY(Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ is NON-0WNEDAUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ E%LESS LIAR CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION WC STATU- OTH- ANDEMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA IMIT E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) II es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional E80 038810604 08115111 0a/15/12 Aggregate 51000.000 Per Claim 5,000,000 DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES (Adach ACORD 101, Additional Remarks Schedule, if more space is required) EVI1111 Evidence of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED DREPRESENTATIVE V ©1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD January — December 2013 $70,000 (annual fee) January — December 2014 $70,000 (annual fee) January — December 2015 $70,000 (annual fee) January — December 2016 $70,000 (annual fee) All coverage will be net of Commissions and Bonuses. The Professional does not utilize a philosophy of billable hours. As a result, there will be no additional fees for conducting projects or services as they relate to the City's employee health and welfare plan. The City reserves the right under the terms of this contract to request services or project support unrelated to this defined set of consulting services. The scope of these services and related costs will be agreed to prior to the consultant performing any work. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 3 of 21 Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible forwithholding any portion of Professional's compensation hereunderfor the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 4 of 21 because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 5 of 21 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "B" HIPAA Health Information Privacy & Security, consisting of eight (8) pages, Exhibit "C" - HIPPA Permitted Uses and Disclosure, consisting of two (2) pages, and Exhibit "D" - Confidentiality consisting of one (1) page attached hereto and incorporated herein by this reference. Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 6 of 21 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date. City Clerk City Attorney ATTEST: Corporate Secretary THE CITY OF FORT COLLINS, COLORADO By: Jaes B. O'Neill II, CPPO, FNIGP r of Purchasing & Risk Management DATE: 1 ?-I I S/ t HAYS COMPANIES OF DENVER By: / Print Name: Title: S;c- CORPORATE PRESIDENT OR VICE PRESIDENT Date: 1Z/ //l (Corporate Seal) Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 7 of 21 EXHIBIT "A" SCOPE OF WORK Background Professional will provide benefit consulting services to the City for employee benefit related programs, to assist in the compliance of Federal and State Laws, and to assist in benefit requestfor proposal processes. Qualified firms will have extensive experience in performing insurance analysis, working with other benefit vendors, and assistance with plan recommendations for a self - insured City plan. Services Professional will perform the full range of services related to the design, implementation, maintenance, communication, and improvement of our employee benefits. These services include, but are not limited to the following: Initial/Annual Strategic Planning • Assess and identify benefit philosophy, risk profile, priorities • Reaffirm plans for short/long term benefit goals • Discuss new or alternative products and/or funding approaches • Provide benefit and plan design analysis with recommendations • Discuss budget timeline and implementation of any resulting actions 2: Communication and Education • Assist with employee benefit communication strategies • Develop communication tools outlining plan design changes, task force results summaries • Attend employee meetings as requested • Attend and present information at Management and/or Council meetings • Assist with written information pieces as needed and legal compliance communication • Assist with Open Enrollment information and communication to employees • Educate and inform Human Resources staff / City Management on important industry trends, products, legislation and cost containment strategies • Conduct educational seminars for Human Resources on topics such as Consolidated Omnibus Budget Reconciliation Act (COBRA), Health Insurance Portability and Accountability Act (HIPAA), etc. • Assist with communication strategy and implementation when a change in provider(s) occurs 3: Renewal Analysis, Reporting • Submit underwriting analysis of insured plan's carrier renewal/projections for self - funded plans • Benchmark plans • Review performance of carriers • Follow up with carriers on performance guarantees and possible payment to City • Investigate alternative benefit options Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 8 of 21 If client is interested in the viability of changing carriers - Prepare Request for Proposal for both current and alternative plan designs and submit thorough analysis of responses including, but not limited to, cost, quality of services, assessment of services offered, background and references and long term implications with recommendations Negotiate terms of new contract(s) Assist with implementation of any new carriers) 4: Renewal and Contract Negotiations • For all plans, work with providers in assisting the City with service negotiations, favorable rates and contracting • Compare documents to Request for Proposals and Summary Plan Descriptions for accuracy and legislative compliance • Review and, as needed, consolidate and/or write Plan Documents, Summary Plan Descriptions, Vendor Contracts • Request and edit amendments 5: Legal Requirements • Keep the City informed on new applicable legislation as it occurs • Provide interpretation and resources, notification of significant case law, bulletins, assistance with implementation of required changes • Provide assistance with form changes and mandated employee information and messages 6:. Benefit Plan Financial Information and Management • Review and analyze carrier reports, submit and discuss reports with the City • Determine the type and scope of reports needed to keep the City fully informed as to current and projected status of plans and the frequency of the reports 7: Actuarial/Underwriting Services for Self Insured Plans • Provide annual analysis of adequacy of rates and rate calculations • Provide analysis and discussion of funding alternatives • Provide projections of impact on rates of plan revisions, • Provide projections of claims for subsequent years • Provide periodic (frequency decided by the City and consultant as appropriate for each plan) claim reports with analysis of utilization and trends with frequency decided 8: Benefit Cost Containment Strategies • On -going analysis of benefit structure and options • Provide cost containment ideas and strategies based on a Denver -metro market trend analysis and with special emphasis placed on public sector data • Provide analysis of strategies • Provide implementation assistance as needed Professional Services Agreement with Hays Companies of Denver 7279 Medical Benefits Consultant Page 9 of 21