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HomeMy WebLinkAboutResolution - 6569 - Contract - Healthcare Benefits Inc - Flexible Spending Plan - 10/14/1999j I i .1, 1 ■ Resolution No.6569 Oct. 14, 1999 Item No. 78 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 Flexible Spending Plan, by and between the City of Lubbock and HealthCare Benefits, Inc. 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 ATTEST: City Secretary AS TO CONTENT: Victor Kilm Purchasing Manager APPROVED AS TO FORM: /1/,� "P. - � William de Haas Competition and Contracts Manager/Attorney gs:ccdocs/HealthCare Benefits, Inc.res October 4, 1999 in no AGREEMENT BY AND BETWEEN THE CITY OF LI BBOCK, TEXAS AND HEALTHCARE BENEFITS, INC. Resolution No. 6569 Oct. 14, 1999 Item No. 78 THIS AGREEMENT entered into this 1" day of January, 2000 by and between the CITY OF LUBBOCK, TEXAS, a municipal home rule corporation (hereinafter called "Plan Administrator") and HEALTHCARE BENEFITS, INC. (hereinafter called "Recordkeeper") to provide recordkeeping services for a Flexible Spending Plan. WHEREAS, the Plan Administrator desires to have services provided for recordkeeping services for a flexible spending plan; and WHEREAS, the Recordkeeper has demonstrated that it can provide said services; and WHEREAS, the Plan Administrator and Recordkeeper desire to enter into an Agreement to provide said services. NOW, THEREFORE, the parties agree as follows: 1. The parties agree to abide by the terms and conditions of the Proposed to Implement and Provide Recordkeeping Services for a Flexible Spending Plan which is attached to this Agreement as Exhibit "A" and is incorporated as if fully set forth herein. 2. In addition to the terms and conditions set out in Exhibit "A", the parties further agree as follows: a. This Agreement is for a term of one (1) year from the effective date and may be extended for two (2) additional one (1) year terms at the mutual agreement of both parties. b. Notice or communications from the Plan Administrator to the Recordkeeper shall be addressed to the Recordkeeper and shall be deemed to be duly given or served if the same shall be sent by United States mail, telegraph, telex, FAX or other similar or analogous means, to the address shown below, unless the Plan Administrator has been requested to send such communications to another address: HealthCare Benefits, Inc. 1001 East Campbell Road Richardson TX 75081 Notices or communications from the Recordkeeper to the Plan Administrator shall be addressed to the Plan Administrator and shall be deemed to be duly given or served if the same shall be sent by United States mail, telegraph, telex, FAX or other similar or analogous means, to the address shown below, unless the Recordkeepet has been requested to send such communications to another address: The City of Lubbock P O Box 2000 Lubbock,TX 79457 Fax: 806-775-3316 ' Notice and communication described in this paragraph that are sent by United States mail will be deemed to be duly given or served on the third business day following the date the notice/communication is mailed. c. This contract shall be construed and enforced according to the laws of the State of Texas. d. The Plan Administrator may terminate the services of the Recordkeeper at any time upon giving to the Recordkeeper 90 days written notice of its intention to do so. Such notice from the Plan Administrator must include the name and address of the new Recordkeeper. The Recordkeeper may resign at any time upon 90 days written notice to the Plan Administrator. The Recordkeeper upon its resignation shall complete the processing of all services described in this Agreement which have commenced prior to the effective date of the termination of this Agreement. The provisions of this Section 2d. replace the paragraph entitled TERMINATION OF SERVICES in attached Exhibit "A". SIGNED THIS DAY THE 14th of October 11999. A ST• &�� Ka 'e arnell, City S retary APPROVED AS TOCO TENT: fidi!!� Mary Andrews, Managing Director of Humanesources APPROVED AS TO FORM: William de Haas, Competition and Contracts Manager HEALTHCA NEFITS, INC.: Russell derson ent, HealthCare Benefits, Inc. IL Resolution No. 6569 Oct. 14, 1999 Item No. 78 HealthCare Benefits, Inc. City of Lubbock Effective Date: December 1, 1999 Proposal to Implement and Provide Recordkeeping Services For A Flexible Spending Plan September 28,1999 (Premium/Health/Dependent Care) • EXHIBIT A • HealthCare MIL Bluecross B1ueShield Benefits Inc W. . of Texas* ..........................................................................._.............._......._......................................................................._.........................._.............._............. A Division of Health Care Service Corporation, Strong • Flexible • Unique aMutual Legal Reserve Company* * Independent Licensees of the Blue Cross and Blue Shield Association 2644.030-399 EXECUTIVE SUMMARY INTRODUCTION City of Lubbock is considering the implementation of a flexible spending plan in which employees are offered, under a salary reduction option, a choice between cash and tax-free benefits. Tax-free benefits can include pre-tax payments of health, dental and group term life insurance premiums and non-taxable reimbursement of out-of-pocket health care expenses (e.g., co-insurance, medical and dental deductibles, and other non -covered medical expenses). Note: If group term life insurance premiums are paid through the Flexible Spending Plan, only up to $50,000 of group coverage, including any amount City of Lubbock already pays for an 3 employee, can be paid on a pre-tax basis. The plan can also offer a non-taxable reimbursement option for dependent/child care expenses. City of Lubbock understands that plan design and implementation, especially employee communication, are very important in order to maximize plan participation and to ensure a smooth transition for future additional benefits. There are many advantages to implementing a flexible spending plan, including the following: Employer Perspective ❑ Promotes excellence through a "leading edge" approach to benefits delivery. ❑ Provides a tool to better attract, motivate, reward and retain valuable employees. ❑ Reduces employer pressure to provide new benefits. ❑ Helps control future increases in benefit cost. ❑ Helps the employer compete in the marketplace by offering more "take-home" pay. ❑ Provides tax benefits by generally reducing payroll base taxes whenever employees use pre-tax dollars in lieu of after-tax dollars. Employee Perspective ❑ Responds to changing employee needs. ❑ Promotes greater loyalty due to an innovative compensation approach. ❑ Increases employee awareness of the value of benefits. ❑ Provides more tax -effective compensation. ❑ Enables employees to structure their own benefit package. ❑ Creates an environment in which new benefits wanted by employees can be added. HealthCareB1ueCross B1ueShield Benefits Inc. 41. of Texas* _.................................................................................._...._......................q..........................._................_...._.Y.......................... -.................... A Division of Health Care service Corporation, Strong • Flexible • Unique aMutual Reserve Com * * Independent Licensees of the Blue Cross and Blue shield Association 26""0499 IMPLEMENTATION OVERVIEW Successful implementation of the new Flexible Spending Plan will require action in several areas: ❑ Finalization of plan design specifications; ❑ Development of a communication plan that will ensure understanding and appreciation of the new program by employees; ❑ Modification of City of Lubbock's payroll system to support the program; ❑ Establishment of a reporting medium to communicate to the recordkeeper the employee and payroll information required to process the expense reimbursement requests (Enrollment Form); ❑ Development of plan documentation and completion of government filing procedures to ensure effective plan administration. One of the more important areas of plan implementation is effective communication with employees; the success of the Flexible Spending Plan will depend largely upon how well the plan is understood. Communication typically involves the development of communication materials, including announcement letters, audio-visual presentations, brochures, enrollment forms and worksheets. Important information to be communicated regarding a Flexible Spending Plan are the tax savings generated by participation in the plan and the positive effect these savings have on the employees' paychecks. Therefore, it is necessary that each employee is able to completely understand the tax savings to be gained from participation in the plan. Healthcare B1ueCross BlueShield Benefits Inc: _ ®°f Texas* ... ........ ................................. _.........................................._......._..................................................................._............................................................_.. A Division of Health Care Service Corporation, Strong • Flexible . Unique 2 a Mutual Legal Reserve Company* * Independent Licensees of the Blue Cross and Blue Shield Association ENGAGEMENT MANAGEMENT (SEE "SERVICES TO BE PROVIDED BY HBI"AS RECORDKEEPER AND "RESPONSIBILITIES OF THE EMPLOYER" AS ADMINISTRATOR FOR SPECIFIC ROLES IN THE ENGAGEMENT MANAGEMENT) RECOMMENDED APPROACH TO PLAN DESIGN AND IMPLEMENTATION Our recommended approach to the design of a Flexible Spending Plan includes the following considerations: ❑ Understanding the employer's existing benefit philosophy and the proposed communication process in order to promote employee participation. ❑ Ensuring that the existing tax law requirements and the current nondiscrimination rules are met in the plan design. ❑ Discussing and reviewing the plan document and Summary Plan Description with City of Lubbock's legal counsel to ensure compliance with government requirements. Plan implementation consists of: ❑ Meeting to establish plan objectives and specifications, the communication process, and the required modifications to the payroll system. ❑ Agreement on and documentation of plan specifications. ❑ Preparation and review of initial sample Summary Plan Description and plan document. ❑ Review of sample communication material (announcement letter, enrollment forms, and tax savings examples). ❑ Finalizing the plan document and Summary Plan Description (subject to City of Lubbock's legal counsel review). ❑ Presentations to management group and/or key employees. ❑ Finalization of employee presentations materials. ❑ In-house presentations to employees. ❑ Filing the Summary Plan Description with the Department of Labor, if applicable. HealthCare B1ueCross B1ueShield Benetm Inc 3 IV. . of Texas* - .................................................................._........................................................................................................................................................ A Division of Health Care Service Corporation, Strong . • • Flexible Unique a Mutual Legal Reserve Company* * Independent Licensees of the Blue Cross and Blue Shield Association r PLAN ADMINISTRATIONIRECORDKEEPING HealthCare Benefits, Inc. ("HBI") can provide service for most of the annual plan administration steps described below. Please review the section, "Services to be Provided by HBI," which outlines the specific services to be provided under this proposal. Any additional services will be provided on a pre -approved fee basis. Recordkeeping set-up requires the following: ❑ Reviewing the existing payroll system to ensure the practical implementation of the plan. ❑ Review of established reporting medium to the recordkeeper (in-house or external). ❑ Collection and summarization of claims submitted by employees for expenses incurred if submitted directly to HBI. ❑ Review of plan recordkeeping policies. ❑ Determination of proper reimbursement for each employee, based upon accrued benefits and expenses incurred. ❑ Reimbursement to employees. ❑ Periodic reporting to the employees regarding account status. Annual plan administration includes the following steps: ❑ Distribution and collection of annual enrollment forms. ❑ Analysis of enrollment information to ensure accuracy of the elections and to determine compliance with anti -discrimination rules. ❑ Coordination with the Payroll Department regarding the salary reduction option (this step is important to ensure accuracy with regard to terminated and newly -hired employees). ❑ Verification that amounts elected by each employee under the plan for certain premiums equal the actual premiums paid. ❑ Payment of any premiums to insurance carriers or third party administrators, if appropriate. ❑ Transfer of funds to the plan reimbursement account(s), if appropriate. ❑ Disposition of any employee forfeitures (excess elections over expenses incurred). HealthCare .. B1ueCross B1ueShield EWnef ' ` Inc. of Texas* .......................................................................................................................................................................................................................................... A Division of Health Care Service Corporation, Strong • Flexible • Unique a Mutual Legal Reserve Compaq 4 * Independent Licensees of the Blue Cross and Blue Shield Association ❑ Ongoing employee communication. ❑ Annual preparation and filing of Form 5500 with the Internal Revenue Service. ❑ Annual review of the applicable Federal and state laws to determine proper payroll tax withholdings. ❑ C.O.B.R.A. notification and compliance. ❑ W-2 reporting of Dependent Care Reimbursements. HealthCare . _ B1ueCross B1ueShield Be`ilefMits Inc. of Texas* ... _........ _...................................`..........:........ -.............. ....................... b .................. ...................�_..............�...................... ................... ......... A Division of Health Care Service Corporation, Strong Flexible Unique aMutual IA Reserve Com * Independent Licensees of the Blue Cross and Blue Shield Association SERVICES TO BE PROVIDED BY HBI PLAN DESIGN AND IMPLEMENTATION ❑ HBI will communicate with appropriate personnel of City of Lubbock to establish plan objectives and specifications. Representatives of your Human Resources, Payroll as well as any other pertinent personnel, should be included. ❑ HBI and City of Lubbock will document all conclusions reached at the meeting by completing the Plan Specifications Checklist. ❑ Upon completion of the Plan Specifications Checklist, City of Lubbock will review and confirm by signing the "Employer Confirmation" section of the Plan Specifications Checklist. After City of Lubbock's confirmation of the Plan Specifications Checklist, HBI will provide the following services and materials: ❑ Enrollment Materials: HBI will provide the following generic enrollment materials for distribution by City of Lubbock (if requested, a separate fee estimate can be provided for custom forms): — Flexible Spending Plan Overview — Employee Tax Savings Examples — Annual Tax Savings Worksheet — Enrollment Election/Change Form — Expense Reimbursement Request Form — Sample Summary Plan Description (for appropriate legal review by City of Lubbock's legal counsel) — Optional materials (if requested, a separate fee estimate will be provided based upon determined format) — Payroll "stuffier" (delivered prior to employee presentations) — Poster designed with Company logo, colors, etc. (delivered prior to employee presentations) — Double -sided 8-1/2 x 11 folders to hold all employee communication materials — Other materials ❑ Video For use in the enrollment and education process, HBI will provide City of Lubbock with a generic video tape for their use in employee presentations. Utilization of a video can facilitate employees' understanding of the plan. Alternatively, HBI can produce a custom video in three weeks for City of Lubbock which explains the specifics of City of Lubbock's plan, utilizing Company logo, colors, etc. (A fully customized video will cost between $8,000- $12,000. One with logo changes, and other minor changes, will cost between $2,000 and $4,000). HealthCareB1ueCross B1ueShield 4.19. Berke Inc of Texas* A Division of Health Care Strong a Flexible ...`.... Unique .-..............................�...........................Service Corporation, a Mutual Legal Beserve Company * Independent Licensees of the Blue Cross and Blue Shield Association 2W403049 9 ❑ Other Information: C.O.B.R.A. compliance information, Sample Initial Notification, and Sample Letter to Terminating Employee Discrimination Testing information and questionnaire to be used to provide HBI with Information Required for Discrimination Testing of the plan Dependent Care Assistance Required Reporting information Sample letter for City of Lubbock's use in filing the Summary Plan Description with the Department of Labor ❑ Presentations: HBI will provide the following presentations: On a pre -approved fee basis, employee and other optional presentations to explain plan provisions and advantages of the plan. Presentations will include a video tape presentation and detailed information packets regarding enrollment and claims procedures. At this time the number and location of the presentations are unknown. ❑ Plan Documentation: Within three to four weeks after confirmation of the Plan Specifications Checklist, HBI will design and prepare (for appropriate legal review by City of Lubbock's legal counsel) sample plan documentation for a Flexible Spending Plan under Internal Revenue Code Section 125. This plan will offer the following benefit options: Payment of employee's portion of the premium cost of qualified City of Lubbock sponsored plans through the "Pre- tax Premium Account" with pre-tax income; Reimbursement of other health care expenses through the "Health Care Expense Reimbursement Account" with pre-tax income; and Reimbursement of eligible dependent care expenses through the "Dependent Care Reimbursement Account" with pre-tax dollars. Healthcare 41. Bl Texas* B1ueShield Benefits Inc: .................. -............. ....................................................................... _....... 7 .................. ..........-...................._................................................................. A Division of Health Care Service Corporation, Strong • Flexible • Unique a Mutual Legal Reserve Company* * Independent Licensees of the Blue Cross and Blue Shield Association 2644.430-9.99 PLAN RECORDKEEPING HBI will provide City of Lubbock with recordkeeping, reporting, and check writing services. These services include: ❑ Customization of HBI's recordkeeping software to accommodate the City of Lubbock's designed plan, if necessary. ❑ Initial Set- up of employee account information based on the employee enrollment election information provided by City of Lubbock. ❑ On a periodic basis (as agreed-upon by HBI and City of Lubbock) HBI will update the recordkeeping system with employee census and payroll data based upon City of Lubbock's provided information. ❑ After participant additions, changes and terminations have been processed for each payroll period, HBI will reconcile to the City of Lubbock's provided payroll control totals. ❑ As received, employee expense reimbursement requests will be entered into the recordkeeping system (Frequency to be set by the group). Individual participant expense reimbursement requests should be filed by the participant directly with HBI. HBI's claim documentation review function does not include review or verification of any items for which the participant is responsible, as defined on our standard expense reimbursement request form. These include such items as duplicate submissions, reimbursement from any other source, ineligible dependents, etc. HBI's claim documentation review does include checking: the mathematical accuracy of the request; third party receipt(s) for required items (including name and address of the service provider, date services were performed, service date within the current plan year, type of service and amount charged); that a provider's taxpayer identification number has been included for dependent care providers; and that the expense reimbursement request is signed in the name of the participant (which certifies that the amounts requested have actually been incurred as eligible plan expenses during the plan year, and that the expenses have not, cannot, and will not be reimbursed in any other form, be deducted on their income tax return, or have been previously submitted for reimbursement under this or any other plan). HealthCare4.19. Bl ss B1ueShield efits Inc. Texas* .............. ....... .................................................................... .................. ... &................. ............_...._._................................................_.......................... A Division of Health Care Service Corporation, Strong • Flexible • Unique a Mutual LgmdReserve Company* * Independent Licensees of the Blue Cross and Blue Shield Association 2644.03"99 HBI will forward an explanation of any reimbursement request that cannot be processed as requested. The explanation will be forwarded to the participant for discussion and/or resolution. Determination of each participant's available reimbursement will be made based upon the year-to-date accrued benefits, expense reimbursement requests submitted and reimbursements paid. In the case of qualified health care expenses, each participant's available reimbursement will be based upon the employee's annual enrollment election; the available reimbursement for dependent care will be determined based upon year-to-date employee salary reductions and/or accrued employer -contributed benefits. The year-to- date accrued benefits are determined based upon the employee's annual enrollment election and the actual employee salary reduction amounts by type of election as follows: — Premiums Health Care Dependent Care In determining available reimbursements, HBI cannot accept responsibility for late or Inaccurate participant information. ❑ On a periodic basis, HBI will prepare a check register for use by City of Lubbock in performing their bank reconciliation. ❑ On a periodic basis, HBI will provide City of Lubbock with updated participant reports for use in answering employee questions. These include: — Cumulative reports (Premiums, Health Care, Dependent Care). The quarterly cumulative reports provide detail by participant regarding year-to-date deductions, expenses submitted, expenses reimbursed and unreimbursed expenses by benefit option. — Election reports: — Deductions for Current Period — Total Elections for the Plan Year — Submissions (current activity) — Adjustments — Check Register (current activity) HealthCare .. B1ueCross B1ueShield Benefits Inc. of Texas* _...................._................................_..................._............................._............................................._......................................._......._._...................-. A Division of Health Care Service Corporation, Strong • Flexible • Unique a Mutual Legal Reserve company* 9 * Independent Licensees of the Blue Cross and Blue Shield Association ❑ HBI will perform (1) a 25% benefit -concentration discrimination test (key employees), (2) the dependent care 55% average benefit test (highly compensated employees) and (3) the dependent care 25% benefit concentration test for more than 5% owners. Based upon the employee enrollment and other employee information provided by City of Lubbock, HBI will perform such discrimination tests after completion of the annual enrollment election period and after the close of the plan year and provide City of Lubbock with the results. To properly perform these tests, City of Lubbock must provide HBI with key employee, highly compensated employee, over $25,000 employee, and more than 5% owner information on a timely basis. (See Optional Services for fee.) ❑ On an annual basis (generally three months prior to the end of the plan year, but to be determined by City of Lubbock) HBI will prepare and mail to City of Lubbock individual participant letters reflecting the current status of each plan reimbursement account for delivery to the participants. Such letter will include year-to-date accrued benefits, expense reimbursement requests, the cumulative reimbursements, and unused available benefits. ❑ On an annual basis, HBI will provide City of Lubbock with the recordkeeping information necessary to prepare Form 5500, as well as employee dependent care information which must be reported on Form W-2. (See Optional Services for fee.) ❑ On an annual basis, HBI will provide City of Lubbock with updated generic enrollment materials for distribution by City of Lubbock including an updated generic video and slides, if appropriate. All processing will be completed as soon as practical, normally within ten (10) working days of receipt of complete, accurate participant data from City of Lubbock and/or the Plan Administrator. PLEASE NOTE THAT, AS A RESULT OF THE ABOVE PROCEDURES, HBI IS NOT ACCEPTING, EITHER DIRECTLY OR IMPLIED, THE BURDEN OF VERIFYING THE PROPRIETY OF THE DOCUMENTATION OR EXPENSES SUBMITTED AND INCURRED, OTHER THAN AS SPECIFIED IN THIS PROPOSAL. Healthcare B1ueCross BlueShield �@ilefets Inc. ���® � of Texas* .......................................................................................................................................................................................................................................... A Division of Health Care Service Corporation, Strong • Flexible • Unique a Mutual Legal Reserve Company* 10 * Independent Licensees of the Blue Cross and Blue Shield Association RESPONSIBILITIES OF THE EMPLOYER AS THE PLAN ADMINISTRATOR The following list, although not all-inclusive, sets forth a number of functions to be performed by City of Lubbock: ❑ Provide HBI with initial employee enrollment election information in our pre -approved format. ❑ Provide HBI with discrimination testing information (e.g. key employee, highly compensated employee, over $25,000 employee, and more than 5% owner). ❑ As required, pay directly to the appropriate insurance carrier or third party administrators any "premium" salary reduction amounts. ❑ At the end of each period for which reimbursements will be processed (e.g., monthly), advise HBI of any (1) new employees, (2) participant data changes (e.g., election changes, payroll deduction changes, employment status changes), (3) terminated employees, and (4) adjustments to year-to-date deductions. This information must be provided using a HBI pre - approved format and must include control totals which HBI can use to reconcile to actual City of Lubbock payroll deductions for each payroll period. ❑ Prior to the release of the reimbursement checks, transfer to an appropriate bank account sufficient funds to cover all "health care" and "dependent care" reimbursements. ❑ As required, communicate with all employees regarding reimbursement requests processed and adjustments (if any) thereto, account balances available, and other employee inquiries, based upon company payroll information and HBI -provided reports. ❑ As required, notify employees of their rights under C.O.B.R.A. ❑ Periodically, reconcile management reports provided by HBI to the records of City of Lubbock. ❑ Annually, report dependent care information on employees' Form W -2s. ❑ Annually, complete and file Form 5500 with the Internal Revenue Service. ❑ File the Summary Plan Description with the Department of Labor. HealthCare B1ueCross B1ueShield m itS Inc. ��'� ® of Texas* ........................................... ............. .................... «........... ............ «..... ....................................«..........«.........��ay............................................... «. A Division of Health Care Service Corporation, Strong • Flexible • Unique aMutual Le Reserve Company* 11 * Indenendenl Licensees of the Blue Cross and Blue Shield Association FIN 2644.030-399 .I r STAFFING, TIMING, AND PAYMENT OF FEES STAFFING It is HBI's philosophy to assemble a team of consultants and support staff whose expertise and experience will ensure the successful completion of a project in the most efficient and cost-effective manner possible. This team, that has been assembled to assist City of Lubbock, offers extensive experience in flexible benefits and related areas. TIMING HBI is prepared to begin the project immediately. Plan Design and Plan Implementation can be completed within four to six weeks from the start of the project. FEES Our fees for the above services assume monthly expense reimbursement request processing and reporting and documentation review of claims (with a minimum reimbursement amount of $25 except at Plan year end). Monthly fees are as follows (more frequent processing, and optional services are available at slightly higher fees): 0 Plan recordkeeping: Annual set-up fee $689.00 (Section 125 Plans are required to re -enroll every year) Basic Services: — Premium account $176.00 plus $0.22 per participant per month Health care reimbursement account *(If the employee also elects participation in the Premium account, the "Premium account per participant" fee will be waived for that employee) $3.48 — Dependent care reimbursement account *(If the employee also elects participation in the Premium account, the "Premium account per participant" fee will be waived for that employee) $3.48 *If an employee elects health care reimbursement and dependent care reimbursement, the maximum fee for that employee is $3.48. Healthcare _ . B1ueCross BlueShield Beneif tS Inc. of Texas* _ ............... .....................---------------- ......... _......... ..... _....... ............................................. ..................�................�y.................................................. A Division of Health Care Service Corporation, Strong • Flexible • Unique 12 aMutual Le Reserve Company* * Independent Licensees of the Blue Cross and Blue Shield Association ❑ Optional Services: — Discrimination Testing $992.00 — Preparation of 5500 $1,036.00 — Employee/other presentations Number, location and fees to be agreed upon. Plan Document and Implementation $1,654.00 Disclaimer - HealthCare Benefits will not administer a Flexible Spending Plan if the total participation is less than 25 employees. Our fees assume that City of Lubbock will provide HBI with employee enrollment information, census data (name, social security number, address, highly compensated and non -highly compensated, etc.), status change, or any other appropriate participant data. This data must be provided in a pre -approved format and on a timely basis. In addition, a fee will be charged for any change in payroll information which requires HBI to modify its recordkeeping system after initial set-up. It is crucial that City of Lubbock provide us with accurate and reconciled data; HBI will not accept responsibility for errors or added costs incurred because of inaccurate or untimely information received from City of Lubbock and/or the Plan Administrator. HBI reserves the right to charge, at our standard billing rates, for any reprocessing, reallocation or amended participant statements, checks or other reports required because of incomplete or inaccurate information supplied by City of Lubbock and/or the Plan Administrator. Any additional charges will be as follows: Computer $ 45.00 per hour Recordkeeper $ 50.00 per hour Consulting on recordkeeping issues $100.00 – $150.00 per hour Our proposal anticipates the use of our standard formats for elections, submissions, reporting, check writing, etc. However, we will provide City of Lubbock with the opportunity to make modifications to these formats. While we anticipate that no additional charges will be required for minor changes, we will advise City of Lubbock before any such charges are incurred. Our fees are effective for the current plan year, and are subject to change thereafter upon 30 days prior written notice. They do not include certain direct expenses such as travel expenses, check and other printing, special postage or express charges. HBI will obtain prior approval from City of Lubbock, the Plan Administrator, before such expenses are incurred. HealthCare BlueCross B1ueShield Benefits lnc: 4.19. of Texas _........................-................................................................................_......................................................_..........._._....-.................-..............-......._. A Division of Health Care Service Corporation, Strong • Flexible • Unique 73 a Mutual Legal Reserve Company* * Independent Licensees of the Blue Cross and Blue Shield Association 2644M(I-399 PAYMENT OF FEES Recordkeeping services will be invoiced in advance at the beginning of each month. These and other fees are due and payable upon presentation. ' City of Lubbock, the Plan Administrator, will hold HBI harmless for the discontinuance of and/or delay in providing recordkeeping services as a result of late or non-payment of fees. HBI is not k obligated to refund any deposit or fees for which services have been rendered. DISCLAIMERS It shall be the responsibility of the Plan Administrator to ensure compliance with Internal Revenue Code sections including those governing maximum contributions to tax qualified reimbursement accounts under Section 125. Also our engagement cannot be relied upon to disclose errors, irregularities, or illegal acts, including fraud or defalcations that may exist in the administration of the plan. Further, City of Lubbock the Plan Administrator has the responsibility for proper recording of transactions and for providing HBI with appropriate and accurate information as well as complying with all governmental and other requirements of the Plan. As such, HBI is not liable for any actions taken, or not taken, as directed by, or caused by actions of City of Lubbock, the Plan Administrator. In addition, our recordkeeping services are not intended to provide investment, tax, legal or accounting advice and assumes City of Lubbock, the Plan Administrator, has consulted with such experts, as deemed necessary. TERMINATION OF SERVICES This Agreement may be terminated as of the beginning of a month by either party by giving the other party a written notice at least 90 days in advance of the effective date of such termination. Such notice from City of Lubbock, the Plan Administrator, must include the name and address of the new recordkeeper and, if appropriate, the name(s) of the successor Plan Administrator. OTHER SERVICES On an hourly and/or pre -approved fee basis, HBI can provide the following services: ❑ Customized administrative manual ❑ Customized employee communications such as handbooks, videos, employee presentations, election and submission forms, posters, mail -outs, etc. ❑ Plan redesign ❑ Consultation with City of Lubbock regarding resolution of any anti -discrimination issues. (A Flexible Spending Plan must satisfy anti -discrimination test, and each component (e.g., health care, life and dependent care) must also satisfy its own tests.) HealthCare.. B1ueCrossBlueShield eflis Inc. '�`® Q9. of Texas* ................................... ........................................ _.............. ............................................................_................................................. ............. ......... ...... A Division of Health Care Service Corporation, Strong • Flexible • Unique14 a Mutual Legal Reserve Company* * Independent Licensees of the Blue Cross and Blue Shield Association 22644.0W-399 ❑ Assistance to City of Lubbock on matters related to the plan's operation and applicable Federal and state tax laws pertaining to the Flexible Spending Plan ❑ Preparation of annual Form 5500 or other required reporting forms based upon information provided by City of Lubbock. ❑ Assistance with C.O.B.R.A. compliance ❑ Representation before IRS in the event of a plan examination If the above terms are acceptable to you and the services outlined are in accordance with your understanding, please sign and return a copy of this proposal to us. This proposal is not a contract until accepted at the home office in Richardson, Texas. Healthcare B1ueCross BlueShield Benefits Inc. of Texas* ........................... _............................ ........ _....... _.... ......... _.......................................... ..................................-------------- ....._....... . .... _..... ........ _.... ........ A Division of Health Care Service Corporation, Strong • Flexible • Unique 15 a Mutual Legal Reserve Company* * Independent Licensees of the Blue Cross and Blue Shield Association 2644.030,-S,99 i 1xx READ AND AGREED: CITY OF LUBBOCK I have reviewed this proposal for which we agree to engage HealthCare Benefits, Inc. ACCEPTED BY: ACCEPTED BY: CITY OF LUBBOCK HealthCare Benefits, Inc. By: By: Russell J. Sanderson Title: Title: President ` Date: Date: September 28, 1999 HealthCare . _ B1ueCross B1ueShield Benefits Incof Texas* ........................ _.............. .................... .......... ..................._..................................................................................................................._.... _....... _....... A Division of Health Care Service Corporation, Strong • Flexible a Unique 16 a MutualIkoReserve Company * * Independent Licensees of the Blue Cross and Blue Shield Association CORPORATE BANKING RESOLUTION ' (for Deposit Accounts) Depositor: CITY OF LUBBOCK-HEALTHCARE FLEX Financial American State Bank PO BOX 2000 Institution: Lubbock -14th & O LUBBOCK, TX 79457-2000 1401 Avenue O PO Box 1401 Account No: 10021059 Lubbock, TX 79408-1401 I, the undersigned Secretary of the Corporation named above, HEREBY CERTIFY that the Corporation is organized and existing under and by virtue of the laws of the state of Texas as a non-profit corporation, with its principal office at 1625 13TH ST, LUBBOCK, TX 79401 -W30 - Account Holder. CITY OF LUBBOCK-HEALTHCARE FLEX is the complete and correct name of the Account Holder. FURTHER CERTIFY that at a meeting of the Board of Directors of the Corporation, duly and regularly called and held on October 26, 1999, at which a quorum was present and voting, the following resolutions were adopted: RESOLVED, that the Financial Institution named above at any one or more of its offices or branches, be and it hereby is designated as a depository for the funds of this Corporation, which may be withdrawn on checks, drafts, advices of debit, notes or other orders for the payment of monies bearing the following appropriate number of signatures: Any one (1) of the following named officers or employees of this Corporation ("Agents'), whose actual signatures are shown below: --. - X R�SR SAN LTHCARE BENEF 7S i C / and that the Financial Institution shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual order of any Agent or Agents signing the same. FURTHER RESOLVED, that the Financial Institution is hereby directed to accept and pay without further inquiry any item drawn against any of the Corporation's accounts with the Financial Institution bearing the signature or signatures of Agents, as authorized above or otherwise, even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agent's personal account, and the Financial Institution shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed in accordance with the resolutions contained herein, or the application or disposition of such item or the proceeds of the item. FURTHER RESOLVED, that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this Corporation for deposit with the Financial Institution, or for collection or discount by the Financial Institution; and to accept drafts and other items payable at the Financial Institution. FURTHER RESOLVED, that the above named agents are authorized and empowered to execute such other agreements, including, but not limited to, special depository agreements and arrangements regarding the manner, conditions, or purposes for which funds, checks, or items of the Corporation may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to cant' out the provisions of these resolutions. FURTHER RESOLVED, that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written notice of any amendment or revocation thereof shall have been delivered to and received by the Financial Institution at each location where an account is maintained. Financial Institution shall be indemnified and held harmless from any loss suffered or any liability incurred by it in continuing to act in accordance with this resolution. Any such notice shall not affect any items in process at the time notice is given. I FURTHER CERTIFY that the persons named above occupy the positions set forth opposite their respective names and signatures; that the foregoing Resolutions now stand of record on the books of the Corporation; at they are in full force and effect and have not been modified in any manner whatsoever. IN TESTIMONY WHEREOF, I have hereunto set my hand on ,and attest that the signatures set opposite the names listed above are their genuine signatures. X TO AND ATTESTIRD BY: or CORPORATE SEAL X `✓ "NOTE: In case the Secretary or other certifying officer is designated by the foregoing resolutions as one of the signing officers, this certificate should also be signed by a second Officer or Director of the Corporation. ' DEPOSIT PRO. Rag. Y.S. Pat. S T.M. OFF., YW. 3.040(c) 1999 CFI P-Sarwcu, Ihc. AN Rights Raaarv90. TX - C:%CFIWIN%CFhT1S1L71$ J ay ie arne I - e: orporate an ing eso ution Page 1 From: WILLIAM de. Haas To: Kaythie Darnell Date: 1/31/00 3:20PM Subject: Re: Corporate Banking Resolution 1. The contract requires that the City open a bank account and give the authority for someone in the company to access the account to reimburse our employees in the program. 2. 1 do not see a problem with you signing the document. However, before you do sign you should ensure that the company has provided us with documentation indicating the person who shall have access to the account. Andy told me he does have a letter from their corporate secretary. 3. There is an alternative to you signing the document. According to the original resolution passed for this contract the Mayor has the authority to sign related documents. (Nothing needs to be done except put the Mayor's signature block on the document.) >>> Kaythie Darnell 01/31/00 02:25PM >>> understand from Andy that you said for me to sign this document. Since I have no idea or understand as to why I might be the one to sign this document, I would like for you to advise me to sign for the City. believe that this acct may need to be opened today. Please advise, thanks, kd. CC: Andy Burcham El