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HomeMy WebLinkAbout12584RESOLUTION NO. 12584 A RESOLUTION APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF PUEBLO AND FARM CREDIT COUNCIL SERVICES, INC., DBA FCC SERVICES, INC., RELATING TO WORKERS’ COMPENSATION FOR FISCAL YEAR 2013 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Service Agreement between the City of Pueblo and Farm Credit Council Services, Inc., DBA FCC Services, Inc., relating to third-party administration for the City’s self-insured workers’ compensation program and Medicare reporting requirement for the year 2013, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Service Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. This Resolution shall become effective upon passage and approval. INTRODUCED: February 11, 2013 BY: Chris Kaufman Background Paper for Proposed RESOLUTION DATE: FEBRUARY 11, 2013AGENDA ITEM # M-2 DEPARTMENT: HUMAN RESOURCES DEPARTMENT DIRECTOR – MARISA L. PACHECO TITLE A RESOLUTION APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF PUEBLO AND FARM CREDIT COUNCIL SERVICES, INC., DBA FCC SERVICES, INC., RELATING TO WORKERS’ COMPENSATION FOR FISCAL YEAR 2013 ISSUE Should the City Council approve the Services Agreement with FCC Services, Inc., relating to workers' compensation? RECOMMENDATION Approval of this Resolution. BACKGROUND FCC Services, Inc., will continue to act as third-party administrator for the City’s self- insured workers’ compensation program and Medicare reporting requirement for 2013 for the annual fee of $61,223, payable monthly. Computer access will be provided for an additional fee of $10,000. The Medicare reporting fee will be $2,500. The annual fee represents an increase of 2.5%. The computer access fee and Medicare reporting fee remain the same as 2011 and 2012. FINANCIAL IMPACT The total cost for the service agreement is $73, 723. This represents an increase of $1,493 over the 2012 contracted amount. CITY OF PUEBLO SERVICE AGREEMENT Effective January 1, 2013 In consideration of the mutual covenants herein contained, FCC Services, an independent contractor, hereinafter referred to as "FCCS ", does hereby contract and agree with The City of Pueblo, hereinafter referred to as the "Employer ", as follows: 1. Appointment. The Employer hereby appoints FCCS as Service Agent upon the terms and conditions hereinafter set forth. 2. Term. This Service Agreement shall be effective from 12:01 a.m., January 1, 2013 to December 31, 2013. The financial obligations of the City in any fiscal year after fiscal year 2013 is subject to funds being appropriated and budgeted specifically for such purpose. The City may terminate this agreement upon sixty (60) days' written notice to FCCS. FCCS may withdraw from this agreement upon sixty (60) days' written notice to the City. 3. Duties and Authority of FCCS. The services to be performed by FCCS, during the time this Agreement remains in effect, shall include: 3.1 Act as advisor and representative of the Employer in all matters pertaining to the administration of Workers' Compensation injuries imposed by the Colorado Workers' Compensation Act. 3.2 Compile and file notices, reports, and forms required under the Colorado Workers' Compensation Act upon receipt of the first report of injury from the Employer. 3.3 Maintain records by departments of all details incident to payments made to fulfill the obligations of the Employer under the Colorado Workers' Compensation Act with appropriate claims reporting software. Access to adjuster notes and reporting software will be provided upon request. 3.4 It is expressly understood that FCCS shall not be required to advance its own funds to pay losses or allocated loss expenses hereunder. It is further understood that if Employer fails to provide funds sufficient to allow required payments to be made timely, FCCS will have no obligation to perform any further services and may terminate this Agreement upon three (3) days written notice. The Employer is liable for any fees, fines, or penalties resulting from any delays in providing funds to FCCS. 3.5 Make such investigations as FCCS deems necessary to determine such obligations and negotiate the settlement of and /or affect the compromise of any claims or suits arising out of such obligations. Claims handling and settlements will be handled as outlined by the Quality Service Plan (hereinafter referred to as "QSP "). 3.6 Arrange for the defense of any claims, suits, or other Agreement Page 1 proceeding arising out of, or claimed to arise out of, such obligations per the QSP. The cost of any such defense shall be paid by the Employer and included in its allocated Toss adjustment expenses. 3.7 Furnish claim reports and records per the QSP, which will include records by departments showing: a. The number, type, and severity of accidents. b. All payments made by, or on behalf of, Employer for benefits or expenses. c. Estimate of all reserves for actual, anticipated, or potential benefits or expenses. All work, data, drawings, designs, plans, reports, studies, computer - programs (nonproprietary), computer input and output, analyses, tests, maps, surveys, or any other materials developed and maintained as a part of these contracted services are and shall be the sole and exclusive property of the Employer. Claim files will be maintained and stored by FCCS for a period of seven (7) years from the date of closing as long as this Agreement or a renewal of such Agreement remains in effect. At the end of this period or the termination of this agreement, all physical records will be turned over to the Employer. All computer records will be maintained indefinitely as long as this Agreement or its renewal remains in effect. Upon termination of this Agreement an extract of the data will be provided to the Employer for an agreed upon fee. 3.8 Conduct Toss prevention inspections, attend safety meetings, and perform such other duties as requested by the Employer to assist in the conduct of the Employer's Workers' Compensation Loss Prevention Program at an additional rate of $100 per hour. 3.9 Provide comprehensive solution wherein FCCS will contract with CS Stars and its Strategic Service Provider (SSP), Gould and Lamb, to facilitate the full cycle of reporting Medicare beneficiary data to Centers for Medicare and Medicaid Services (CMS) on behalf of Employer as more fully outlined in Appendix A. 4. Compensation. The annual service fee payable during the term of this Agreement by the Employer to FCCS in consideration of the services outlined above shall be: Term Fee January 1, 2013 — December 31, 2013 $61,223 Employer will pay an additional annual administrative fee of $10,000. This fee covers such costs associated with maintaining and balancing the Employer's escrow account, maintaining Agreement Page 2 information in the claims database as well as providing claim reports. Employer will pay an additional $2,500 for the annual maintenance lee for Medicare reporting cost. At the beginning of each month, the Employer will be billed $6,140.58 (as calculated below) and payment shall be due and payable by the Employer upon receipt. $61,223 — Annual Service Fee $10,000 — Annual Administrative Fee $ 2,500 — Medicare reporting fee $73,723 (divided by 12 months) = $6,143.58 In addition, the Employer will be billed each month for the actual banking fees and charges from the previous quarter. 5. Termination. In addition to the provisions of paragraph 2 above, either party may terminate this Agreement at any time for material breach of contract, gross negligence, wanton misconduct, or fraud. Such termination for cause shall be by written notice specifying the grounds for termination. Said notice shall be effective when received except in the case of material breach of contract. In the case of material breach of contract, said notice shall be effective if the breach is not cured within thirty (30) days of receipt of written notice specifying the material breach. Upon any termination of this Agreement, FCCS shall return all books, records, files, and other items pertaining to the Employer and its claims and shall have no further obligation to perform any services imposed upon FCCS by this Agreement. FCCS shall further assist in the orderly transition of such administration. At the Employer's option, FCCS agrees to continue to the handling of all claims open 45 days after termination of this Agreement to conclusion for a fee of $300.00 per claim. In the event of cancellation or non - renewal of subsequent year contracts, this per claim charge shall be adjusted by the Consumer Price Index changes from January 1, 2011. 6. Claims Payments. FCCS will maintain an escrow account in its name and will issue claim checks out of this account. This account will be funded by the Employer with an initial deposit equal to four (4) weeks of expected claim payments. FCCS will provide Employer a weekly check register and the Employer will make an ACH deposit equal to the amount of the weekly check register to restore the escrow account to its original balance. Such Agreement Page 3 ACH deposit will be made within one week of receipt of the check register. The Employer is responsible only for the bank fees and charges to maintain the escrow account. 7. Waiver of Breach. Failure to either party to claim a breach or to terminate this Agreement when cause for termination exists shall not constitute a waiver of subsequent breaches or subsequent causes for termination. 8. Indemnification. To the extent permitted by law, FCCS will indemnify and save harmless Employer from all claims, losses, damages, penalties and expenses caused by or resulting from the negligence or fraud of FCCS or its officers, employees or agents. FCCS shall not be responsible for any CMS, Employer, CSStars, Gould & Lamb or other third party system failures or connectivity issues which may results in failures to transmit Client's transactions within the CMS required time frames. FCCS shall not be responsible for errors or omissions, negligence of, or connectivity issues or delays by Gould & Lamb. FCCS shall not be responsible for any claim, damages, fines, losses or expenses arising in connection with or as a result of any errors, omissions, or negligence of Gould & Lamb if Employer does not respond within five (5) business days of receipt of any E -mail notification from FCCS about a CMS response regarding Employer's Claim Input information with any applicable corrected information. 9. Modification. This Agreement may only be amended or modified by a writing signed by the parties hereto. 10. Binding Effect. The Agreement is binding upon and shall inure to the benefit of the parties hereto, their successors by merger or consolidation, and upon their assigns approved by the other party in writing. 11. Entire Agreement. This Agreement constitutes the entire Agreement between the parties. 12. Applicable Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Colorado. 13. FCCS certifies that it does not knowingly employ or contract with an illegal alien nor will FCCS enter into a contract with a subcontractor that fails to certify to FCCS that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. If FCCS obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, FCCS shall: A. Notify the subcontractor within three (3) days that the FCCS has received such knowledge; and B. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph A. above the subcontractor does not stop employing or contracting with the illegal alien; except that FCCS shall not terminate the contract with the subcontractor if, during such three (3) days, the subcontractor provides Agreement Page 4 information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. FCCS will comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the course of an investigation that CDLE is undertaking pursuant to its authority under 8- 17.5- 102(5), C.R.S. Violation of the provisions of Item 13 by FCCS shall constitute a breach of contract and grounds for termination. In the event of such termination, FCCS shall be liable for the City's actual damages. 14. Employer shall register as a Responsible Reporting Entity (RRE) on the CMS Coordination of Benefits Secure Website (COBSW) as required by The Medicare, Medicaid, and SCHIP Extension Act of 2007 (SCHIP) and subsequent memorandum by CMS and subsequent memorandum by CMS during the period between May 1, 2009 and September 30, 2009, or such other end date as CMS may provide (the "RRE Registration "). Compliance _ with the requirements of the COBSW (and all CMS Mandatory Insurer Reporting, or Section 111, obligations generally) is solely Employer's responsibility. To ascertain its Section 111 obligations and determine whether it is an RRE, Employer should consult the CMS Section 111 website at www.cros,hhs.gov /MandatorvinsRep or such other website as CMS might provide. Employer is responsible for registration with the COBSW and designation of the applicable organization as Reporting Agent (RA) or making any changes to the designated RA as may be required by CSStars. Employer is responsible for providing RRE ID information to CSStars and Gould and Lamb as outlined in Appendix A. Employer is responsible for ensuring that the CMS Data Elements have been provided by Employer for all data elements /fields required by the CMS Section 111 guidelines in a timely manner for accurate reporting to CMS. Dated at Pueblo, Colorado, as of h 1 r u 6i r y 1/ , 20 / 3. FCC SERVICES THE CITY OF PUEBLO, INDEPENDENT CONT•,• CTOR COLORADO d ■ X , t p By: /4. L. 41 . MAIIP4: Stephen G. Nawrocki Title: b I A., ij iLL: '..L..g Title: President. of City Council Attested y Clerk Agreement Page 5 City of Pueblo (Employer) & FCC Services Service Agreement Appendix A 1. FCCS will maintain all required SCHIP data elements in Employer's database effective October 1, 2009. 2. FCCS will contract with CSStars and Gould & Lamb on behalf of Employer to provide an automated solution to comply with CMS 111 reporting requirements. This automated solution will: a. Verify Medicare eligibility of all claimants every month. b. Report new or existing claims as required under the Act during the designated reporting period Employer provides. c. Report closed claims as required under the Act during the designated reporting period Employer provides. 3. FCCS will provide a registration manual to assist Employer in registering as an RRE as well as designating the appropriate reporting agent(s) and designee(s). 4. FCCS will maintain the Employer's RRE ID number supplied by Employer in its database. 5. FCCS will update Employer's database for any Medicare eligible claim so the automated solution is launched properly. 6. FCCS will conduct all testing of the automated solution during the designated testing period. 7. FCCS will notify Employer of any errors in data supplied by Employer within 24 hours so Employer can provide correct information to FCCS within 4 days to avoid fines from CMS for data transmission errors. Agreement Page 6