HomeMy WebLinkAboutResolution - 6567 - Contract - BCBSTX - Group Medical, Dental & Cobra Insurance Plan - 10_14_1999, 1 ■
Resolution No.6567
Oct. 14, 1999
Item No. 76
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a contract for a Group
Medical, Dental and Cobra Insurance Plan, by and between the City of Lubbock and Blue
Cross and Blue Shield of Texas (BCBSTX) of Richardson, Texas and related documents.
Said contract is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 14th day of October '1999 .
QW.ldf;�
ON, MAYOR
ATTEST:..
City Secretary
AS TO CONTENT:
VUTM
Victor Kilman, turchasing Manager
APPROVED AS TO FORM:
William de Haas
Competition and Contracts Manager/Attorney
gs: ccdocsBCBSTX..res
October 4, 1999
11{W II Ai::
�! Resolution No.65
Oct. 14, 1999
Item No. 76
_ B1ueCross B1ueShield.
�.� qW. of Texas
MINIMUM PREMIUM AGREEMENT
(the Agreement)
This Agreement is entered into by and between
BLUE CROSS AND BLUE SHIELD OF TEXAS*
(BCBSTX)
Richardson, Texas
and
CITY OF LUBBOCK
(the Employer, Policyholder)
Lubbock, Texas
Group Number: 60167
Effective Date: December 1, 1999
for the purpose of 1) determining the ultimate consideration to be paid by the Employer for the coverage
provided under the applicable Blue Cross and Blue Shield Group Contracts as shown in Item I of the most
current Exhibit attached hereto and made a part hereof, which are hereinafter collectively called the Health
Contracts, and 2) to provide a funding method for payment of Health Contract benefits.
* A Division of Health Care Service Corporation, a Mutual Legal Reserve Company, an Independent Licensee of the
Blue Cross and Blue Shield Association
® Registered Marks of the Blue Cross and Blue Shield Association
Form No. MPA-Medical/Dental-99
ARTICLE I - DEFINITIONS
When used in this Agreement
Accounting Period Draft Authority means the sum of the Monthly Draft Authority for the Accounting
Period involved, or any portion thereof.
Administration Charge means the monthly consideration calculated in accordance with Item IX of the
most current Exhibit, which is required by BCBSTX for the administration of the Policyholder's Health
Contracts. The Administration Charge will be due and payable to BCBSTX by the first day of each
Month.
Banking Arrangement means the arrangement described in Article II and Appendix A of this
Agreement whereby funds required under the Agreement are maintained and accounted for and checks
are issued, or caused to be issued, for the payment of health benefits under the Health Contracts.
Benefit Checks means all benefit payments made on behalf of the Employer by BCBSTX issuing, or
causing to be issued, a check under the Banking Arrangement for benefits under the provisions of the
Health Contract and any amounts due such Participant as a result of BCBSTX's recalculation of the
Participant's liability in certain instances involving claims incurred in states other than Texas. Any
charges assessed to BCBSTX by another Blue Cross and/or Blue Shield Plan under the B1ueCard®
Program (Out -of -Area Program), including:
1. Charges by a health care provider who has contracted with another Blue Cross and/or Blue Shield
Plan, for services and supplies rendered; and/or
2. Fees charged by such Blue Cross and/or Blue Shield Plan for access to their provider or facility
pricing arrangements, if applicable,
are included in the amounts of Benefit Checks. Such fees are not to exceed the lesser of 10% of the
discount or $2,000 per claim. In order for access fees to be assessed, Blue Cross and Blue Shield Plans'
(host plans') providers must not balance bill the Participant in excess of the negotiated rate. However,
the provider is not prohibited from billing for deductibles and coinsurance.
Critical Dates are collectively defined as the:
Accounting Period means each consecutive period of time commencing and ending on the dates
indicated in Item III of the most current Exhibit.
Contract Year means each consecutive period of time commencing and ending on the dates
indicated in Item II of the most current Exhibit,
Effective Date means the date on which coverage begins under the Health Contracts issued by
BCBSTX as set forth on the cover page of this Agreement.
Month means each succeeding calendar Month period beginning on the Effective Date of this
Agreement.
Form No. MPA-DentaWedica]-99
Dental Certificate means the specific coverage issued for an individual employee and his or her covered
dependent(s), if any, under the Experience Rated Group Comprehensive Dental Contract. The coverage
is identified by a BCBSTX Subscriber identification number.
Draft Authority means the monthly amount of funds that are authorized to be paid under the Banking
Arrangement calculated in accordance with Item IV of the most current Exhibit.
Exhibit means attached document of specifications setting out certain particulars of this Agreement or
any other subsequent set of specifications supplied by BCBSTX to replace any existing Exhibit.
Final Accounting Period means that period of time described in Section B of Article IV of this
Agreement which is the Accounting Period for settlement purposes immediately preceding the
termination date of the Agreement.
Medical Certificate means the specific coverage issued for an individual employee or retired employee
and his or her covered dependent(s), if any, under the Contracts, excluding the Experience Rated Group
Comprehensive Dental Contract, shown in Item I of the most current Exhibit, which is identified by a
BCBSTX Subscriber identification number.
Health Contract Accounting Period Deficit means that deficit amount calculated as described in
Section B of Appendix B of this Agreement.
Health Contract Accounting Period Surplus means that surplus amount calculated as described in
Section B of Appendix B of this Agreement.
Health Contract Stop -Loss Insurance means those stop -loss insurance benefits shown to be applicable
in Item V of the current Exhibit attached to and made a part of this Agreement.
Health Contract Stop -Loss Premium means the Monthly consideration required by BCBSTX for the
risk assumed for the applicable Health Stop -Loss Insurance. Health Contract Stop -Loss Premium shall
be calculated in accordance with Item X of the most current Exhibit. Health Contract Stop -Loss
Premium shall be due and payable to BCBSTX monthly by the first day of each Month.
Letter of Credit means an irrevocable letter of credit payable to BCBSTX guaranteeing all or part of
the amounts owed by the Employer and all other funding required on termination of the Agreement, The
Letter of Credit provision is explained in Section B of Article II of this Agreement and the specific
amount of the letter is specified in Item XIII of the most current Exhibit.
Minimum Balance means the minimum amount of funds indicated in Item XI of the most current
Exhibit which is required to be deposited and held in a specified bank account, as provided for in the
Banking Arrangement, for the term shown.
Paid Health Benefits means the total amount of all Benefit Checks issued on behalf of the Employer
during the Accounting Period involved under the Banking Arrangement.
Paid Health Stop -Loss Benefits means those Paid Health Benefits for which BCBSTX ultimate
responsibility and risk for the payment which is the sum of the Paid Specific Health Stop -Loss Benefits
and Paid Aggregate Stop -Loss Benefits shown to be applicable in Item V of the most current Exhibit.
Paid Health Stop -Loss Benefits shall not include Paid Health Benefits which are paid after the end of
the Final Accounting Period, regardless of the date they were incurred, unless explicitly provided for
4
Form No. MPA-DentallMedical-99
in the Termination Settlement arrangement in force. Settlements of Health Stop -Loss Insurance benefits
shall be made either Monthly or for an Accounting Period as indicated in Item VI of the most current
Exhibit.
1. Paid Specific Health Stop -Loss Benefits means that portion of any Paid Health Benefits paid
under the Banking Arrangement during the time period indicated in Item VI of the most current
Exhibit ending coincidental with the Accounting Period, which are incurred on, or subsequent
to, the effective date of Specific Health Stop -Loss Insurance coverage under this Agreement, and
which are in excess of the applicable Point of Attachment, if any, indicated in Item V of the most
current Exhibit. The time period shall be adjusted downward to coincide with the Final
Accounting Period. Paid Specific Health Stop -Loss Benefits shall include health benefits paid
under the Contracts indicated in Item VI of the most current Exhibit.
2. Paid Aggregate Stop -Loss Benefits means the amount, if any, by which Paid Health Benefits,
less Paid Specific Health Stop -Loss Benefits, if any (calculated as in 1. above), for the
Accounting Period involved, exceed the applicable Point of Attachment indicated in Item V of
the most current Exhibit. Such excess, if any, is the liability of BCBSTX and will be subtracted
from any Health Contract Accounting Period Deficit which may result. Provided, however, no
Aggregate Stop -Loss Insurance Benefits will be paid for the Final Accounting Period if this
Agreement is terminated prior to the end of the then current Contract Year and Aggregate Stop -
Loss Premium already paid will not be returned.
Participant means an employee or retired employee and his or her dependents, if any, whose coverage
has become effective under the Health Contracts shown in Item I of the most current Exhibit; however,
retired employees and their dependents are not eligible for participation under the Experience Rated
Group Comprehensive Dental Contract.
Point of Attachment means that dollar or percentage amount of Paid Health Benefits which Health
Stop -Loss Insurance benefits will apply.
Run-off Period means the period beginning immediately following the Final Accounting Period and
ending when the final valid benefit claim is paid. Benefit claims filed during the Run-off Period are
subject to time limitations for Proof of Loss as provided for in the Health Contracts.
Settlement Report means the detailed listing for a particular time period of all data required for
settlements under this Agreement, including Health Stop -Loss Insurance settlements where applicable.
ARTICLE II - BANKING ARRANGEMENT
A. The Banking Arrangement to apply under this Agreement is described in Appendix A of this Agreement
which is hereby incorporated and made a part hereof.
B. Unless specifically waived in writing by the BCBSTX Comptroller and so indicated in Item XIII of the
most current Exhibit, the Employer is required, as an express condition of this Agreement, to obtain
from a state or national bank in Texas an irrevocable Letter of Credit prior to this Agreement taking
effect in a form acceptable to BCBSTX and in the amount and for the time period specified.
C. Failure to maintain the Letter of Credit as specified can result in termination of the Agreement by
BCBSTX without notice and the discontinuance of all claims payments.
5
Form No. MPA-DentaUMedical-99
D. The name and address of the Employer's bank and financial contact person shall be maintained on file
in accordance with procedures established between the Employer and the Comptroller Division of the
Accounting Services Department of BCBSTX.
ARTICLE III - CONSIDERATION
A. By the first day of each Month, the Employer will remit to BCBSTX the full amount of the
Administration Charge and all applicable Health Contract Stop -Loss Premiums.
B. Within ten (10) days after issuance of a Settlement Report, including any Final Accounting Period and
Run -Off Period Settlement Reports, BCBSTX will pay to the Employer the amount so shown to be due
and payable, if any.
C. Within ten (10) days after receipt of a Settlement Report, including any Final Accounting Period and
Run -Off Period Settlement Reports, the Employer will pay to BCBSTX the amount so shown to be due
and payable, if any.
D. Within ten (10) days after the date of termination of this Agreement, the Employer will pay to BCBSTX
all funds due under the termination settlement provisions of this Agreement as described in Article IV
and Appendices B and C, including any Administration Charges and Health Stop -Loss Premiums
covering the Run -Off Period which may be required.
E. Continuance of coverage under the Health Contract is contingent upon the timely payment of all
consideration due under this Agreement.
F. Any consideration required to be paid under this Agreement will be automatically increased by the
amount of any taxes imposed, increased or adjudged due by lawful authority on or after the effective
date of this Agreement, which BCBSTX is required to pay, collect or remit, whether relating to fees,
services, benefits, payments or any other consideration or aspect of the Health Contract or this
Agreement.
ARTICLE IV - SETTLEMENTS
A. Monthly and Accounting Period settlements will be made as described in Appendix B of this
Agreement.
B. This Agreement shall terminate on termination of the Health Contract or thirty (30) days following the
notice provided for in Section R of Article V of this Agreement. The time intervening between the end
of the last previous Accounting Period and the termination date shall, regardless of the number of
Months involved, be considered an Accounting Period and shall be termed herein as the Final
Accounting Period. Reports and settlements for the Final Accounting Period shall be effected in
accordance with the provisions of this Article IV and Appendices B and C, except that Health Stop -Loss
Insurance benefits will not extend beyond the Final Accounting Period. Provided however, Paid Health
Stop -Loss Benefits for the Final Accounting Period may be carried forward, for combined settlement
purposes, to the final Run -Off Period settlement, depending on the Termination Settlement arrangement
in force.
C. The Termination Settlement provisions of Appendix C will apply with regard to the processing and
payment of all claims and benefits following the end of the Final Accounting Period.
6
Form No. MPA-Dental/Medical-99
D. Where Coordinated Settlements are required to be made between the Contracts and Settlements shown
to be applicable in Item I of the most current Exhibit and other Policies or Contracts entered into
between BCBSTX and the Employer, an Appendix D describing the provisions for such Coordinated
Settlements will be added to this Agreement.
ARTICLE V - GENERAL PROVISIONS
A. Administrative Services Tax. In addition to the other services enumerated in this Agreement,
BCBSTX agrees to provide an accounting to the Employer of the total amount of benefits paid under
this Agreement, according to BCBSTX's accounts and records, for the Employer's use in determining
Administrative Services Taxes due under the provisions of Article 4.11A of the Texas Insurance Code,
if any. It is hereby acknowledged and accepted that any such Administrative Services Taxes due and
owing for benefits paid under this Agreement are the sole obligation of the Employer and are apart from
and in addition to any other amounts due under this Agreement. The Employer will pay directly to the
State Board of Insurance the amount of any such Administrative Services Taxes due.
B. Assignment. No part of this Agreement, or any rights, duties, or obligations described herein, shall be
assigned or delegated without the prior express written consent of both parties. Any such attempted
assignment shall be null and void. BCBSTX's standing contractual arrangements for the acquisition and
use of facilities, services, supplies, equipment and personnel from other parties shall not constitute an
assignment under this Agreement.
C. Audits. BCBSTX, or its duly authorized agent, shall have the right, upon reasonable notice given, to
audit the books and records or Employer (and any agents, brokers, or administrators of Employer)
during normal working hours, or to require that copies of pertinent documents be provided, in order to
verify the validity of any benefits payable under the Health Contract which will result in payments being
made under this Agreement. BCBSTX, or such agent, shall agree not to disclose any proprietary or
confidential information.
D. Captions. Captions appearing in this Agreement and its exhibits and appendices are provided for
convenience only and in no way define, limit, construe or describe the scope of articles, sections or
paragraphs to which they are inserted.
E. Daily Charge. A daily charge shall be assessed for the late remittance of any amounts due and payable
to BCBSTX by the Employer under the terms of this Agreement. This charge shall be equal to the
amount resulting from multiplying the amount due times the lesser of:
1. The rate of .0329% per day (12.0% per annum); or
2. The maximum rate permitted by state law.
F. Enforcement. Any delay or inconsistency in the enforcement of any part of this Agreement shall not
constitute a waiver of any rights with respect to the enforcement of this Agreement at any future date
nor shall it limit any remedies which may be sought in any action to enforce any provision of this
Agreement.
G. Entirety. This Agreement, including any Exhibits, appendices and amendments shall constitute the
entire understanding of the parties hereto for the purpose of this Minimum Premium Agreement and all
prior contemporaneous representations, statements, understandings, negotiations, or agreements between
the parties, whether written or oral, are hereby superceded.
7
Form No. MPA-DentaUMedical-99
H. Execution. This Agreement shall be null and void and of no effect if not executed by the Employer
named below and received by BCBSTX at its home office in Dallas County, Texas within sixty (60)
days following the date BCBSTX executes this Agreement, as shown below.
I. Force Maieure. Neither party shall be liable for any failure to perform its obligations under this
Agreement if prevented from doing so by a cause or causes beyond its commercially reasonable control
including, but not limited to, acts of God or nature, fires, floods, storms, earthquakes, riots, strikes, wars
or restraints of government.
Gender And Mode. The use herein of a personal pronoun in the masculine or feminine gender or in
the singular or plural mode shall be deemed to include the opposite gender or mode unless the context
clearly indicates the contrary.
K. Governing Law. This Agreement shall be governed by, and shall be construed in accordance with, the
laws of the State of Texas. All obligations created hereunder are performable in Dallas County, Texas
and all disputes arising out of this Agreement will be resolved in Dallas County or Lubbock County,
Texas.
L. Legal Construction. Should any provision(s) contained in this Agreement be held to be invalid, illegal,
or otherwise unenforceable, the remaining provisions of the Agreement shall be construed in their
entirety as if separate and apart from the invalid, illegal or unenforceable provision(s) unless such
construction were to materially change the terms and conditions of the Agreement.
M. Limitation Of Liability. Liability for any errors or omissions by BCBSTX (or its officers, directors,
employees, agents, or independent contractors) in the administration of this Agreement, or in the
performance of any duty of responsibility contemplated by this Agreement, shall be limited to the
maximum benefits which should have been paid under the Health Contract or this Agreement had the
errors or omissions not occurred (including BCBSTX's share of any arbitration expenses incurred under
the Agreement), unless any such errors or omissions are adjudged to be the result of willful misconduct
or gross negligence by BCBSTX.
N. Modifications. Except for the Exhibit which may be changed at any time by notifying the Employer
of such change, no modification, amendment, change, or waiver of any provision of this Agreement
shall be valid unless agreed to by both BCBSTX and the Employer.
O. Notice And Satisfaction. The Employer agrees to give BCBSTX specific notice in writing of any
complaint or concern the employer may have about the performance of this Agreement and to allow
BCBSTX thirty (30) days in which to make necessary adjustments or corrections to satisfy any such
complaint or concern prior to taking any further action with regard to the complaint or concern.
P. Subsidiaries. BCBSTX and its subsidiaries and affiliates have reciprocal agreements under which they
will allocate funds between its corporations resulting from any settlements, and the Employer shall have
no responsibility for, or interest in, such allocation.
Q. Term and Option to Renew. The term of this Agreement shall commence on December 1, 1999 and
end on December 31, 2000 with an option to renew for two (2) one-year periods thereafter.
Form No. MPA-Dental/Medical-99
R. Termination Notice. This Agreement will terminate upon termination of the Health Contract or written
notice given by either party to the other not less than thirty (30) days in advance. The parties agree to fully
perform all terms and conditions of this Agreement, and its exhibits, appendices, and amendments, which
are required to be performed after termination.
SIGNED THIS DAY THE 14th OF October , 1999
Blue Cross and Blue Shield of Texas City of Lubb ck
vY� _
Jodr. Worley Win Sitton, Mayor
of Operating Officer
West Texas Division
AX EST:
r�A
Kaylgelbarnell,
Ci etary
APPR VED AS YP CONTENT:^
W .O
Mary Andrews,
Managing Director of Lan Resources
APPROVED AS TO FORM:
William de Haas,
Contracts and Competition Manager
9
Form No. MPA Dental/Medical-99
Resolution No. 6567
Oct. 14, 1999
Item No. 76
EXHIBIT NUMBER ONE
Schedule Of Specifications
For the
MINIMUM PREMIUM AGREEMENT
(the Agreement)
between
BLUE CROSS AND BLUE SHIELD OF TEXAS
(BCBSTX)
And
CITY OF LUBBOCK
(Employer, Policyholder)
Group Number: 60167
The specifications are to apply for the period of time indicated herein and shall continue in force and effect
until the end of the Policy Period, the Agreement is terminated or this Exhibit is superseded in whole or in part
by a later executed Exhibit.
Item I
Contract Coverage
This Minimum Premium Agreement will apply to benefits provided under the BCBSTX Group Contract(S)
listed below:
• Experience Rated Group PPO Managed Health Care Contract with Prescription Drug Program
• Experience Rated Group Traditional Indemnity Benefit Contract with Prescription Drug Program
• Experience Rated Group Comprehensive Dental Care Contract
Item II
Contract Year
These specifications are for the current Contract Year which shall commence on December 1, 1999 and end
on December 31, 2000 (13 months).
Item III
Accounting Period
The current Accounting Period shall commence on December 1, 1999 and end on December 31, 2000.
FORM NO. MPA/EX-1 X-1
Item IV
Draft Authority
Draft Authority shall be calculated monthly and shall be equal to the sum of the amounts obtained by
multiplying the number of certificates exposed for a particular month by:
A. $175.09
for each Employee or Retiree Only Health Certificate
$290.66
for each Employee or Retiree/Child(ren) Health Certificate
$323.92
for each Employee or Retiree/Spouse Health Certificate
$446.50
for each Employee or Retiree/Family Health Certificate
B. $13.19 for each Employee Only Dental Certificate
$21.91 for each Employee/Child(ren) Dental Certificate
$24.41 for each Employee/Spouse Dental Certificate
$33.64 for each Employee/Family Dental Certificate
The amounts shown shall apply for the current Contract Year.
Item V
Health Stop -Loss Insurance
Health Stop -Loss Insurance applicable for benefits covered under the Health Contracts (excluding the
Prescription Drug Program) are shown below. All monetary amounts and percentages shown shall apply for
the current Contract Year.
A. Specific Health Stop -Loss Insurance:
Specified Paid Health Benefits in excess of the Point of Attachment which is $150,000 per
Participant per Accounting Period.
B. Aggregate Stop -Loss Insurance:
None - not applied for.
Item VI
Settlement Payment Option
The following Settlement Payment Options will apply:
A. Specific Health Stop -Loss Insurance:
1. Monthly settlements
2. Time Period: 13 months
3. Applicable Contracts (from Item I):
• Experience Rated Group PPO Managed Health Care Contract with Prescription
Drug Program
• Experience Rated Group Traditional Indemnity Benefit Contract
FORM NO. MPA/EX-1 X-2
B. Aggregate Stop -Loss Insurance:
Annualized Draft Authority percentage for deficit carry forward: 20.0%
ITEM VII
Termination Coverage Options
The Termination Coverage Options shown below will apply for the Run -Off Period:
Run -Off Administration Charge Factors for calculating the Run -Off Period:
1. $12.08
for each Employee or Retiree Only Health Certificate
$20.08
for each Employee or Retiree/Child(ren) Health Certificate
$22.36
for each Employee or Retiree/Spouse Health Certificate
$30.84
for each Employee or Retiree/Family Health Certificate
2. $1.40
for each Employee Only Dental Certificate
$2.32
for each Employee/Child(ren) Dental Certificate
$2.60
for each Employee/Spouse Dental Certificate
$3.60
for each Employee/Family Dental Certificate
Run -Off Liability Factors for calculating the Run -Off Draft Authority:
1. $161.32
for each Employee or Retiree Only Health Certificate
$267.80
for each Employee or Retiree/Child(ren) Health Certificate
$298.50
for each Employee or Retiree/Spouse Health Certificate
$411.45
for each Employee or Retiree/Family Health Certificate
2. $10.08
for each Employee Only Dental Certificate
$16.71
for each Employee/Child(ren) Dental Certificate
$18.63
for each Employee/Spouse Dental Certificate
$25.66
for each Employee/Family Dental Certificate
ITEM VIII
Home Bank or Employer's Bank Information
The name and address of the Employer's Bank and financial contact person shall be maintained on file in
accordance with procedures established between the Employer and the Comptroller Division of the
Accounting Services Department of BCBSTX.
Item IX
Administration Charge
The Administration Charge for the Contract Year shall be calculated monthly by multiplying the number
of certificates exposed for a particular month by:
A. $16.48
for each Employee or Retiree Only Health Certificate
$27.36
for each Employee or Retiree/Child(ren) Health Certificate
$30.50
for each Employee or Retiree/Spouse Health Certificate
$42.03
for each Employee or Retiree/Family Health Certificate
FORM NO. MPA/EX-1 X-3
�. n 11 1 ,. . 11 1 Y ■
B. $1.83 for each Employee Only Dental Certificate
$3.04 for each Employee/Child(ren) Dental Certificate
$3.39 for each Employee/Spouse Dental Certificate
$4.67 for each Employee/Family Dental Certificate
The amounts shown shall apply for the current Contract Year.
Item X
Health Contract Stop -Loss Premium
The Health Contract Stop -Loss Premium is the sum of the Specific Health Stop -Loss Premium and
Aggregate Stop -Loss Premium amounts calculated as follows (amounts shown shall apply for the current
Contract Year):
A. Specific Health Stop -Loss Premium shall be calculated monthly and shall be equal to the sum of the
amounts obtained by multiplying the number of Health Certificates exposed for a particular month by:
$ 9.46
for each Employee or Retiree Only Health Certificate
$15.71
for each Employee or Retiree/Child(ren) Health Certificate
$17.50
for each Employee or Retiree/Spouse Health Certificate
$24.12
for each Employee or Retiree/Family Health Certificate
B. Aggregate Stop -Loss Premium shall be calculated monthly and shall be equal to the sum of the
amounts obtained by multiplying the number of Health Certificates exposed for a particular month by:
NA
Item XI
Minimum Balance
The Minimum Balance to be deposited by the Employer and held in the Employer's Account under the
Banking Arrangement is $234,860 for the period beginning December 1, 1999 through May 31, 2000; and
The Minimum Balance to be deposited by the Employer and held in the Employer's Account under the
Banking Arrangement is $383,193 for the period beginning June 1, 2000 through December 31, 2000.
Item XII
Additional Charges/Fee&41ates
The following charges and interest rates shall apply for the current Contract Year:
A. The Daily Charge rate for the Contract Year shall be .0329% (which would equate to an annual
percentage rate of 12%).
B. Subrogation recoveries are subject to 15.0% of any amounts recovered.
C. BlueCard® Program (Out -of -Area Program) fees shall be the lesser of 10% of the discount or $2,000
per claim (Refer to ARTICLE 1, Benefit Checks, for additional explanation)
FORM NO. MPA/EX-1 X-4
Item XIII
Letter of Credit
The Ldter Of Credit is not required under this Employer's Agreement.
Item XIV
If this Exhibit of Schedule of Specifications is not rejected in writing by the Employer within thirty (30) days of
its receipt by the Employer, it shall be deemed to have been accepted by the Employer and will be in full force
and effect for the Accounting Period and Contract Year identified herein.
SIGNED THIS DAY THE 14th OF October ' Iggg
Blue Cross and Blue Shield of Texas City of L bock
W. Worley VVvmdy Sitton, Mayor
Chief Operating Officer
West Texas Division
A ST:
,A,,.--- .
KaytViclbamell,
City Ivretary
APPROV D AS T ONTENT: �^
�V"l
Mary Andrews,
Managing Director of Human Resources
APPROVED AS TO FORM:
William de Haas,
Contracts and Competition Manager
FORM NO. MPAJEX-1 X-5
Resolution NO.6567
Oct. 14, 1999
Item No. 76
CITY OF LUBBOCK
Group Number 60167
APPENDIX A
BANKING ARRANGEMENT
The Banking Arrangement described herein shall apply to the Minimum Premium Agreement between Blue
Cross and Blue Shield of Texas* (BCBSTX) and the Employer to which this Appendix A is attached
beginning December 1, 1999 and shall remain in full force and effect according to the terms of the Agreement
unless amended or replaced by the parties to this Agreement in writing.
All provisions of the Agreement, its Appendices, Exhibits and Amendments shall apply to this Appendix A,
including any definitions.
A. As used in this Appendix A:
1. The Bank means Fleet Bank, a national banking association organized and existing under the laws
of the United States, whose address is:
777 Main Street
Hartford, Connecticut, 06115
2. Home Bank means The Bank with which the Employer has entered into an agreement to carry out
its banking obligations with The Bank in accordance with this Agreement. The name and address
of the Employer's Home Bank and financial contact person shall be maintained in accordance with
procedures established between the Employer and the Comptroller Division of the Accounting
Services Department of BCBSTX.
3. Pool Account means an account established and maintained by The Bank for Minimum Premium
Arrangements. The Pool Account will be used as a clearing account for all Benefit Checks issued
on behalf of the Employer.
4. Suspense Account means an account with The Bank in the name of BCBSTX which will be used
to reimburse the Employer's Account or to establish a compensating balance on a temporary basis,
as required, if funds are not available in the Employer's Account or when the Accounting Period
Draft Authority is exceeded.
5. Emplover's Account means an account established by the Employer with The Bank, by executing
an agreement as required by The Bank for opening an account, which will be used to reimburse the
Pool Account for benefit payments and administration charges to the extent of Employer liability.
The Minimum Balance to be deposited and held in the Employer's Account is indicated in Item XI
of the most current Exhibit of Schedule of Specifications.
6. Draft means the transfer of funds among the various accounts belonging to BCBSTX, the Home
Bank, the Employer and The Bank pursuant to this Agreement.
* A Division of Health Care Service Corporation, A Mutual Legal Reserve Company,
An Independent Licensee of the Blue Cross and Blue Shield Association
FORM NO. MPA/A-FLEX-3 A-1
7. Prescription Drug Program means the coverage provided under the Prescription Drug Program as
shown in Item I of the most current Exhibit. Prescription Drug Program benefits are to be paid under
a special banking arrangement as described in Section C of this Appendix A, but for all other
purposes under this Agreement, Prescription Drug Program benefits are to be considered as Health
Contract benefits.
B. Banking Authorization and Procedures:
1. BCBSTX is authorized to issue checks on the Pool Account to employees and providers of services
in amounts equal to health benefits payable under the Health Contract, or to draft funds from
Employer's Account to reimburse BCBSTX for any Prescription Drug Program claims paid as
described in Section C of this Appendix A.
2. The Bank is authorized on a daily basis and agrees to:
(a) Transfer from the Employer's Account to the Pool Account funds equal to the Benefit Checks
clearing the Pool Account which are issued by BCBSTX under its authority in Section B.1
above to the extent funds are available in the Employer's Account as determined by the
Accounting Period Draft Authority.
(b) Draft the Home Bank and deposit to the Employer's Account funds equal to the checks
clearing the Pool Account for transfers in accordance with (a) above up to an amount not to
exceed the Accounting Period Draft Authority.
3. BCBSTX will issue checks on the Pool Account for health benefits payable under the Health
Contract. The Bank will transfer from the Employer's Account to the Pool Account an amount equal
to checks clearing the Pool Account the previous day. If sufficient funds are not available in the
Employer's Account to cover checks clearing the Pool Account as a result of the Accounting Period
Draft Authority being exceeded, BCBSTX will establish a compensating balance in the Suspense
Account to cover such check amounts or will transfer funds from the Suspense Account to the
Employer's Account. As soon as funds become available in the Employer's Account, Suspense
Account funds will be reduced accordingly. The Bank will draft the Home Bank on a daily basis in
an amount equal to the checks clearing the Pool Account not to exceed the Accounting Period Draft
Authority.
4. The Employer agrees to deposit in the Home Bank, funds sufficient to meet all drafts authorized by
this Agreement.
5. To the extent Benefit Checks are ultimately reimbursed or paid from the Employer's Account, Health
Contract benefits shall be considered self -funded, not insured, and the premium payment
requirements specified in the Health Contract shall not apply. All benefit payments made under this
Agreement, whether by BCBSTX or the Employer, shall be collectively applied with regard to
deductibles, coinsurance amounts, benefit maximums and other Health Contract requirements.
C. Prescription Drug Program Banking Arrangement:
1. BCBSTX shall issue or cause to be issued checks for Prescription Drug Program benefits payable
under the Prescription Drug Program benefits from a special banking account established for payment
of such claims which is unrelated to the accounts described in Section A above.
FORM NO. MPA/A-FLEX-3 A-2
2. On a monthly basis, BCBSTX will draft the Employer's Account for amounts sufficient to reimburse
BCBSTX for Prescription Drug Program benefit checks issued on the special banking account
including "good faith" payments made to BCBSTX Participating Pharmacies honoring Identification
Cards issued on Employer's group coverage.
3. On a quarterly basis, BCBSTX will invoice Employer separately for amounts sufficient to cover any
Administrative Services Taxes which may be due for benefits paid under the Prescription Drug
Program, and will remit said taxes due, if any, to the State of Texas.
FORM NO. MPA/A-FLEX-3 A-3
Resolution No.
Oct. 14. 1999
CITY OF LUBBOCK Item No. 76
Group Number 60167
APPENDIX B
MONTHLY AND ACCOUNTING PERIOD SETTLEMENTS
The settlement provisions described herein shall apply to the Minimum Premium Agreement between Blue
Cross and Blue Shield of Texas* (BCBSTX) and the Employer to which this Appendix B is attached
beginning December 1, 1999 and shall remain in full force and effect according to the terms of the Agreement
unless amended or replaced by the parties to this Agreement in writing. All provisions of the Agreement, its
Appendices, Exhibits and Amendments shall apply to this Appendix B, including all definitions.
A. Monthly Settlements
Where shown in Item V of the Schedule of Specifications to be applicable, BCBSTX will furnish the
Employer a Specific Health Stop -Loss Insurance Settlement Report within thirty (30) days after the
end of each month occurring within an Accounting Period in which Specific Health Stop -Loss
Benefits were paid. Within ten (10) days after issuance of such report, BCBSTX will settle with the
Employer for any Specific Health Stop -Loss Insurance involved. Based on the report, the following
applies:
1. Based on the Banking Arrangement in force and the settlement results, Specific Health Stop -
Loss Insurance settlement amounts reported will either be paid directly to the Employer by
BCBSTX or credited to a designated bank account.
2. To the extent that amounts are paid to the Employer by BCBSTX as a result of any monthly
Specific Health Stop -Loss Insurance settlement, as described in paragraph 1 above, available
Draft Authority will be restored by those amounts.
B. Accounting Period Settlements
1. BCBSTX will furnish the Employer an Accounting Period Settlement Report within ninety
(90) days after the end of each Accounting Period. If the report reflects that the Accounting
Period Draft Authority exceeds Paid Health Benefits (less Paid Specific Health Stop -Loss
Benefits, where applicable, if any), the difference between the two amounts shall be termed
the Health Contract Accounting Period Surplus; if the reverse is true, the difference between
the two amounts shall be termed the Health Contract Accounting Period Deficit.
2. Based on the report provided for in the preceding paragraph, the following applies:
(a) If the report reflects a Health Contract Accounting Period Deficit, all or part of such
deficit, in an amount not to exceed the percentage of the annualized Draft Authority
indicated in Item VI of the most current Exhibit, shall be combined with any deficits
carried forward from previous Accounting Periods and shall be termed the Health
Contract Standing Deficit. The resulting Health Contract Standing Deficit shall then
be carried forward;
*A Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
an Independent Licensee of the Blue Cross and Blue Shield Association
FORM NO. MPA/B-PROS-2 B-1
(b) If the report reflects a Health Contract Accounting Period Surplus, such surplus shall
first be applied against any Health Contract Standing Deficit. Any remaining surplus
shall then be reduced to zero, except that, any surplus resulting from the Final
Accounting Period settlement will be carried forward on termination;
(c) If the date of termination of this Agreement is within six (6) months after the
beginning date of the then current Contract Year, the Accounting Period immediately
preceding the Final Accounting Period will be combined with the Final Accounting
Period for settlement purposes.
C. Retroactive Adjustment
To the extent that later events such as those resulting from coordination of benefits,
subrogation, or other legal or administrative actions or causes necessitate adjustments to prior
settlements made under this Agreement, such adjustments shall be made at the time of the
next occurring settlement provided for under this Agreement and shall be reflected in the
Settlement Report.
2. Should the event necessitating an adjustment occur after all settlements provided for under
this Agreement have been made, notice of the adjustment action, in the form of an adjustment
report, will be given to the Employer within thirty (30) days following identification of said
event by BCBSTX.
3. If the adjustment action requires that payment be made by BCBSTX to the Employer, such
payment will be made within ten (10) days after the adjustment or Settlement Report is issued
to the Employer. If the adjustment action requires that payment be made by the Employer to
BCBSTX, the Employer will remit such payment to BCBSTX within ten (10) days after
receipt of the report.
FORM NO. MPA/B-PROS-2
B-2
Resolution Ho.
Oct. 14, 1999
Item No. 76
CITY OF LUBBOCK
Group Number 60167
APPENDIX C
TERMINATION SETTLEMENT
The settlement provisions described herein shall apply to the Minimum Premium Agreement between Blue
Cross and Blue Shield of Texas* (BCBSTX) and the Employer to which this Appendix C is attached
beginning December 1, 1999 and shall remain in full force and effect according to the terms of the Agreement
unless amended or replaced by the parties to this Agreement in writing.
All provisions of the Agreement, its Appendices, Exhibits and Amendments shall apply to this Appendix C,
including all definitions.
A. As used in this Appendix C:
1. Run -Off Draft Authority means the amount of funds that are authorized to be paid under the
Banking Arrangement during the Run -Off Period which shall be equal to the sum of the total of all
Health Certificates exposed during the three (3) month period immediately preceding termination
multiplied by each of the Run -Off Liability Factors indicated in Item VII of the most current Exhibit.
2. Run -Off Administration Charge means the amount of consideration required by BCBSTX for the
administration of Run -Off Period claims which shall be equal to the sum of the total of all Health
Certificates exposed during the three (3) month period immediately preceding termination multiplied
by each of the Run -Off Administration Factors indicated in Item VII of the most current Exhibit. The
Run -Off Administration charge shall be due and payable within ten (10) days after the date of
termination.
B. After termination, BCBSTX will continue to pay claims on behalf of the Employer under the Banking
Arrangement, as provided in Article II and Appendix A of this Agreement, and the Employer shall
continue to fund the required accounts, up to the amount of the Run -Off Draft Authority, for a period of
ninety (90) days. Prior to the 90th day following termination, funds equal to the amount of any remaining
Run -Off Draft Authority and any Draft Authority remaining from the Final Accounting will be transferred
by the Employer to a bank account designated by BCBSTX for the continued payment of outstanding
claim liabilities.
C. Within fifteen (15) months after termination, BCBSTX will furnish the Employer with a Final Settlement
Report. If the report reflects that the Run -Off Draft Authority combined with the Final Accounting Period
Draft Authority exceeds Paid Health Benefits for the Run -Off Period combined with the Paid Health
Benefits for the Final Accounting Period (less Paid Specific Health Stop -Loss Benefits for the Final
Accounting Period where applicable, if any), the difference between the two combined amounts shall be
termed the Run -Off Period Surplus; if the reverse is true, the difference between the two combined
amounts shall be termed the Run -Off Period Deficit.
1t A Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
An Independent Licensee of the Blue Cross and Blue Shield Association
FORM NO. MPAIC-PROS-1 C-1
D. Based on the reports provided for in the preceding paragraph, the following applies:
1. If the report reflects a Run -Off Period Surplus, such surplus shall be payable to the Employer within
ten (10) days after the report is issued to the Employer;
2. If the report reflects a Run -Off Period Deficit, any deficit then remaining would be the responsibility
of BCBSTX.
FORM NO. MPA/C-PROS-1 C-2
Resolution No. 6567
Oct. 14, 1999
Item No. 76
SERVICES AGREEMENT
BETWEEN
BLUE CROSS AND BLUE SHIELD OF TEXAS, INC.
(hereinafter called BCBSTX)
and
CITY OF LUBBOCK - 60617
(hereinafter called the Employer)
WHEREAS, the Employer has established a health benefit program for its
employees and the eligible dependents of its employees; and
WHEREAS, Congress has imposed certain statutory requirements
regarding continuation of health benefits for those persons covered under the
Employer's health benefit program; and
WHEREAS, the Employer has requested BCBSTX to furnish certain
noninsurance services in connection with continuation of coverage under the
Employer's health benefit program;
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, it is hereby agreed as follows:
1
Article I - Definitions
As used in this Agreement:
A. Calendar Year means the one year period commencing on a January 1
and ending the following December 31.
B. COBRA means the Consolidated Omnibus Budget Reconciliation Act of
1985, as amended.
C. Collection Services means, except for the initial premium required to
establish continued coverage, the process by which a continued
Participant is billed for and remits premium for continued coverage.
D. Dependent means any person who is both eligible for coverage and
covered as a dependent spouse or child under the Employer's health
benefit program on the day before a Qualifying Event.
E. Election period means the period of at least sixty (60) days duration
beginning not later than the date on which coverage under the health
benefit program terminates by reason of a Qualifying Event and ending
not earlier than sixty (60) days after the later of (1) the beginning date or
(2) the date a Participant has been notified of the right to elect continued
group coverage after the occurrence of a Qualifying Event.
F. Employee means any person who is both eligible for coverage and
covered as an employee under the Employer's health benefit program on
the day before a Qualifying Event.
G. Notification Services means those actions intended to: (1) notify a
Participant of his or her right to elect continued group coverage after the
occurrence of a Qualifying Event; (2) attempt to ascertain whether such
Participant wishes to elect such continued coverage; and (3) collect the
initial premium for such coverage if the Participant has elected to continue
the coverage.
H. Participant means an Employee or a Dependent as above defined. Use
in this Agreement of the singular shall be deemed to include the plural
unless the context clearly indicates the contrary.
Qualifying Event means the occurrence of an event which would result in
the loss of eligibility of a Participant under the Employer's health benefit
program but for the requirements of COBRA.
2
J. Subscriber means a participant who (1) elected to continue group
coverage under COBRA; (2) submitted an application and the entire
applicable premium; and (3) has a certificate number for continued
coverage under COBRA.
Article Il - Services Performed by BCBSTX
A. Notification Services - If the Employer requests BCBSTX to furnish
Notification Services:
Once the Employer has notified BCBSTX in writing of the occurrence
of a Qualifying Event and has given BCBSTX the name and current
address of a covered Participant, BCBSTX will timely provide the
applicable Participant notice of the right to continue group coverage
directed to the address provided by the Employer.
2. The notice provided a Participant pursuant to Paragraph 1 of this
Section A will also include premium information and an application
card, and will state the time limitations for the election to continue
coverage. Any Participant electing to continue coverage will be
directed to communicate such election in writing to BCBSTX.
BCBSTX will bill and collect the applicable initial premium rate from
the date of the Qualifying Event to the end of the month in which
such election is received. No continued group coverage shall be
effective until the entire initial premium rate is received by BCBSTX.
3. When an Employee is eligible under COBRA to continue group
coverage and makes an election, the election is deemed to include
all Participants except as otherwise stated in such election. When
the employee is not eligible under COBRA to continue group
coverage and a Dependent spouse is eligible under COBRA to
continue group coverage, an election by the Dependent spouse is
deemed to include all Participants except as otherwise stated in such
election. For purposes of this Section 3, an election includes a
declination.
B. Collection Services - Once a Participant has elected to continue group
coverage and the entire initial premium rate has been received by
BCBSTX.
C
BCBSTX will establish the membership information in the BCBSTX
claims system and issue identification cards and a benefit booklet.
2. BCBSTX will provide a monthly statement to the applicable
Subscriber. Such statement shall indicate a due date for receipt of
the premium rate. Should the premium rate not be received by the
due date, any claim(s) incurred after the last date for which the
premium rate has been received will be suspended and a delinquent
notice will be issued. If all of the premium rate is not received within
thirty (30) days of the due date, the continued group coverage will be
terminated as of the last day of the month in which the entire, proper
premium rate was paid. In the event of such termination, the
Subscriber shall be notified by BCBSTX of the termination of
continued group coverage.
3. The Subscriber will be notified six (6) months prior to the maximum
period of continued group coverage that such coverage will
terminate in six months. The notice will contain information
concerning any right to an individual conversion policy.
4. An additional notice will be provided sixty (60) days prior to the
maximum period of continued group coverage advising that
continued group coverage will terminate in sixty (60) days. The
additional notice will contain information concerning any right to an
individual conversion contract.
5. Upon receipt of evidence satisfactory to BCBSTX that a continued
Participant has become, after the date of election, ineligible for
continued group coverage for reasons other than failure to pay the
proper premium rate or the expiration of the maximum period of
continued group coverage, BCBSTX will notify such ineligible
continued Participant that the continued group coverage is being
terminated and the date and reason for such termination.
6. BCBSTX shall notify a continued Subscriber of any benefit changes
which the Employer may make in regard to its health benefit program
and any change in the premium rate.
7. At least semiannually, BCBSTX will provide the Employer a written
report giving the status of each continued Subscriber covered on the
ending date of such report.
4
Article III - Duties of the Employer
A. If the employer has requested BCBSTX to furnish Notification Services:
Within thirty (30) days after the occurrence of a Qualifying Event, the
Employer will provide a written notice of such event to BCBSTX.
The written notice will be on a form satisfactory to BCBSTX and will
describe the nature and date of the Qualifying Event, the name and
last known address of each Participant, the certificate number(s) of
each Participant, and the type(s) of coverage held by each
Participant on the date of the Qualifying Event. Upon request,
BCBSTX will provide the Employer with an appropriate notice form.
2. If the Qualifying Event is either the divorce of the Employee or a
Dependent child ceasing to be a Dependent child under the
provisions of the Employer's health benefit program, and the
Employer had no notice of such Qualifying Event within 30 days of
such Qualifying Event, the notice required by Paragraph 1 of this
Section A will be provided in writing to BCBSTX no later than
fourteen (14) days following the Employers receipt of notice of the
occurrence of such event.
3. Should any Participant communicate or attempt an election or
declination of the continued group coverage directly with the
Employer or its officers or agents, the Employer shall immediately
present any and all information regarding such action to BCBSTX.
For purposes of this Paragraph 3, "immediately" means within three
(3) work days.
B. If the Employer has requested BCBSTX to furnish only Collection
Services:
1. Within ten (10) days of the receipt of a Participant's election to
continue group coverage, the Employer will provide a written notice
to BCBSTX of such election. The written notice will be on a form
satisfactory to BCBSTX and will describe the nature and date of
Qualifying Event, the name and current address of each Participant
electing to continue group coverage, the certificate number(s) of
each Participant and the type(s) of group coverage each Participant
has elected to continue. Upon request, BCBSTX will provide the
Employer with an appropriate notice form.
5
2. The Employer shall remit the entire initial premium rate with the
notice required in Paragraph 1 of this Section B. BCBSTX will not
provide any Collection Services unless and until the entire initial
premium rate has been received by BCBSTX.
3. After the initial premium rate has been received by BCBSTX, should
any participant remit any premium rate directly to the Employer or its
officers or agents, the Employer shall immediately present such
payment and any other information regarding the payment to
BCBSTX. For purposes of this Paragraph 2, "immediately" means
within three (3) work days.
C. Effective performance by BCBSTX of its duties and responsibilities
pursuant to this Agreement requires that the Employer provide BCBSTX
timely and accurate information. BCBSTX shall not be responsible for
delay or errors in the performance or nonperformance of this Agreement
which are substantially caused by or contributed to in whole or part by the
failure of the Employer to furnish accurate and timely information. All time
requirements imposed upon the Employer by this Article III are of the
essence.
D. In the event of termination of this Agreement, the Employer shall notify
Subscribers of such termination and the procedures to be followed to
retain the continued coverage.
Article IV - Compensation
A. The compensation to BCBSTX by the Employer for the services
requested by the Employer will be based upon two separate components:
a charge to the Employer per Subscriber and a charge (not to exceed two
(2) percent of the applicable premium) made by the Employer to a
continued Participant.
B. The compensation amounts provided in this Article IV shall remain in
effect until the December 31 following the effective date of this
Agreement. BCBSTX may amend the compensation for each succeeding
Calendar Year by providing the Employer written notice of such
amendment at least thirty (30) days prior to the commencement of the
Calendar Year. The new compensation will apply to any Qualifying Event
which occurs in the new Calendar Year.
R
C. The execution of this Agreement shall be deemed an assignment to
BCBSTX of the right of the Employer to charge a Participant an
administrative charge or percentage of premium. It is expressly agreed
and understood that BCBSTX will charge and collect one hundred two
(102) percent of applicable premium to a continued Participant and that
the Employer shall not make or request any charge whatsoever from a
Participant.
D. Premium shall not be considered part of the Employer's compensation to
BCBSTX. In the event a Participant is entitled to an additional eleven
(11) months of coverage because of a determination of total disability
under the Social Security Act, BCBSTX shall receive 148% of applicable
premium as premium and not as an administrative charge.
E. The compensation for Notification and Collection Services is 150.00 per
enrolled Subscriber for those Participants who are enrolled on COBRA
December 1. 1999, and after. The compensation for Participants who
were enrolled on COBRA prior to December 1. 1999, is 100.00 per
enrolled subscriber.
F. BCBSTX will provide a statement to the Employer for Subscribers during
the previous billing period. Payment shall be made in full to BCBSTX
within thirty (30) days of the billing date.
Article V - Termination
A. This Services Agreement will terminate on the earliest of the following
dates:
1. The date on which the compensation owing BCBSTX pursuant to
this Agreement becomes overdue.
2. The last day of the month next following the date BCBSTX receives
written notice from the Employer that the Agreement is to be
terminated.
3. The last date the Employer no longer has any group health
insurance contract or Administrative Services Agreement in full force
and effect with BCBSTX.
4. The date on which a proceeding is filed by or against the Employer
under bankruptcy statutes of the United States, or the Employer is
11 1 II If tl19
placed under receivership or trusteeship under any state or federal
statute.
5. The last day of the month next following the month in which BCBSTX
provides written notice to the Employer that the Agreement is to be
terminated, provided, however, such termination may not be effective
prior to the December 31 following the effective date of this
Agreement.
B. In the event of termination of this Agreement, BCBSTX shall have no
further duty or responsibility after the date of termination. Any and all
compensation due BCBSTX, whether or not previously billed, will be due
and payable within thirty (30) days of the date of termination.
Article VI - General Provisions
A. AMENDMENTS: This Agreement may be modified at anytime with the
mutual consent of BCBSTX and the Employer. All amendments will be in
writing and signed by an authorized representative of each party. Only
the President or a Vice President of BCBSTX is authorized to amend this
Agreement on behalf of BCBSTX.
B. ENTIRE CONTRACT: This Agreement is the entire contract between the
parties.
C. TEXAS LAW GOVERNS: This Agreement has been negotiated and
executed in the State of Texas and will be governed by and construed in
accordance with the law of the State of Texas. All services performed by
BCBSTX shall be deemed to have been performed in Dallas County,
Texas or in Lubbock County, Texas.
D. AGENT: In performing its duties and responsibilities pursuant to this
Agreement, BCBSTX is acting only as an agent of the Employer and is
not a plan administrator or fiduciary. In performing under this Agreement,
BCBSTX acts under the supervision and direction of the Employer. In the
event of any dispute or disagreement concerning eligibility for continued
group coverage, all final responsibility shall be made by the Employer.
E. TAXES: In the event any taxing authority having jurisdiction over either
(or both) of the parties determines that the compensation paid to BCBSTX
by the Employer results in any tax liability (other than an income tax) to
BCBSTX, such tax shall be the responsibility of the Employer, and the
amount of such tax shall be paid by the Employer to BCBSTX, upon
written request pursuant to Article IV, Section G, of this Agreement.
8
F. NOTIFICATION: Under no circumstance will BCBSTX be obligated to
notify any Participant (regardless of whether or not the Participant has
elected to continue group coverage) of the termination of this Agreement.
G. INFORMATION: All written information (including billings and
compensation) and notices provided pursuant to this Agreement will be
posted by first class mail, postage prepaid to BCBSTX at P. O. Box
665730, Dallas Texas, 75265-5730 and to the Employer at Cityof
Lubbock Attn: Lou Moore P. O. Box 2000 Lubbock TX 79457.
Article VII - Effective Date
The effective date of this Agreement is December 1. 1999.
City of Lubbock Signature Page
IN WITNESS WHEREOF, BCBSTX and the Employer have caused this Agreement to
be executed by their authorized representative.
SIGNED THIS DAY THE 14th of October , 1999.
CITY OF LUBBOCK: BLUE CROSS AND BLUE SHIELD OF
r
WINDY SIT N, MAYOR
ATTEST: -
uut!
KkytVepamell,
City &ejretary
APPROVED AS TO CONTENT:
Mary Andrews,
Managing Director of Human Resources
APPROVED AS TO FORM:
William de Haas
Contracts and Competition Manager
TEXAS:
KAREN D. JONES
REGIONAL SALES E UTIVE
is