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HomeMy WebLinkAbout7051RESOLUTION NO. 7051 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, QUAL -MED INC. AND THE PUEBLO RURAL FIRE DISTRICT PROVIDING FOR THE INCLUSION OF EMPLOYEES AND RETIREES OF THE PUEBLO RURAL FIRE DISTRICT IN THE SAME GROUP AS THE CITY OF PUEBLO FIREFIGHTERS FOR 1993 ANO AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE SAME WHEREAS, Qual -Med Inc., the Pueblo Rural Fire District and International Association of Fire Fighters Local No. 3 have requested that employees and retirees of the Pueblo Rural Fire District be included in the group under the Health Plan contract covering City of Pueblo Fire Fighters for 1993; and WHEREAS, the City of Pueblo, Qual -Med Inc., and the Pueblo Rural Fire District are willing to include District employees in the group for such plan under certain terms and conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: Section 1. The agreement attached hereto as Exhibit A, having been approved as to form by the City Attorney, is hereby approved. Section 2. The President of the City Council is hereby authorized to execute on behalf of the City of Pueblo the Agreement in substantially the same form as Exhibit A, with such modifications as are approved by the City Manager and City Attorney. Section 3. This resolution shall become effective immediately upon final passage. INTRODUCED: December 28, 1992 B SAMUEL CORSENTINO Councilperson ATTEST: APPROVED: Ci y Clerk Preside I j dt of the City Council AGREEMENT THIS AGREEMENT entered into December 28, 1992 between Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado (the "City "), Pueblo Rural Fire District, organized and existing as a fire protection district under the laws of the State of Colorado, 24941 East Highway 50, Pueblo, Colorado, 81006 (the "District ") and Qual -Med, Inc., a Delaware corporation, 225 N. Main Street, Pueblo, Colorado (the "Qual- Med "). WHEREAS, City and Qual -Med have entered into a contract to provide health benefits to City's firefighters for the calendar year 1993 (the "Health Plan "), and WHEREAS, International Association of Firefighters Local No. 3 (the "IAF #3 ") and District have requested that employees and retirees of the District be included under the Health Plan, and WHEREAS, City and Qual -Med are willing to include District's employees and retirees under the Health Plan. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City, District and Qual -Med agree as follows: 1. Effective January 1, 1993, Qual -Med will include Dis- trict's eligible full -time employees and retirees (the "District's employees ") as participants under the Health Plan subject to and upon the same terms and conditions as City's firefighters are participants under the Health Plan. The names of District's employees initially included as participants are set forth in attached Exhibit A. 2. District's employees must enroll for coverage under the Health Plan and at least 80% must select the EPO option. Dis- trict's contribution level must be at least the same percentage for District's employees as that of the City for its firefighters. 3. District will deliver to City on or before the last busi- ness day of each month commencing December 1992 its check payable to Qual -Med in an amount equal to one hundred percent (100 %) of all premiums for participation by District's employees under the Health Plan. City will remit such check to Qual -Med with its payment for its firefighters who are participants in the Health Plan. 4. District aknowledges receipt of a copy of the Health Plan documents and approves and accepts same for itself and for and on behalf of District's employees. District further acknowledges and agrees that City makes no representations or warranties with respect to benefits and /or coverage under the Health Plan and City assumes no liability or responsibility thereunder except that City will perform the administrative responsibility of the Employer under the Health Plan. 5. The utilization and expense of District's employees will be included with the City's firefighters covered under the Health Plan for the purposes of computing premium rates and adjustments. However, Qual -Med confirms and agrees the inclusion of District's employees will not result in a rate increase to any component or coverage of the Health Plan nor affect the twelve percent (12 %) rate guarantee for the calendar year 1994. 6. District shall comply with all Employer guidelines of the Health Plan. 7. This Agreement is contingent upon receipt by the City of Pueblo from Qual -Med, Inc. of a Health Plan contract acceptable to the City of Pueblo. 8. This Agreement is contingent upon IAFITNo. 3's approval and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Executed at Pueblo, Colorado the day and year first above written. PUEBLO, A MUNICIPAL CORPORATION PUEBLO RAL RE DISTRICT By By Title: P esident of the City Title: Presi nt of the and Council of Di lectors QUAL -MED, INC. By Title: APPROVAL International Association of Firefighters Local #3 does hereby approve the above agreement and consents and agrees to the inclu- sion of the employees and retirees of the Pueblo Rural Fire District as participants in the City's health plan with Qual -Med, Inc. covering City's firefighters. Signed December , 1992. INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #3 By Title: TJ 65.3 -2- AGREEMENT THIS AGREEMENT entered into January A? , 1993 between Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado (the "City "), Pueblo Rural Fire District, organized and existing as a fire protection district under the laws of the State of Colorado, 24941 East highway 50, Pueblo, Colorado, 81006 (the "District ") and QualMed Health & Life Insurance Company, a Washington corporation, 225 N. Main Street, Pueblo, Colorado (the "QMH &L "). WHEREAS, City and QMH &L have or will enter into a contract to provide health benefits to City's firefighters for the calendar year 1993 (the "Health Plan "), and WHEREAS, International Association of Firefighters Local No. 3 (the "IAFF #3 ") and District have requested that employees and retirees of the District be included under the Health Plan, and WHEREAS, City and QMH &L are willing to include District's employees and retirees under the Health Plan. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City, District and QMH &L agree as follows: 1. Effective February 1, 1993, QMH &L will include District's eligible full -time employees and retirees (the "District's employ- ees") as participants under the Health Plan subject to and upon the same terms and conditions as City's firefighters are participants under the Health Plan. The names of District's employees initially included as participants are set forth in attached Exhibit A. 2. 1000 of District's eligible employees must enroll for coverage under the Health Plan and at least 80% must select the EPO option. District's contribution level must be at least the same percentage for District's employees as that of the City for its firefighters. All District's employees shall complete and deliver to QMH &L complete and accurate health and medical history state- ments for themselves and eligible dependents. Inaccurate or incomplete information contained in such health and medical history statements may result in the denial of covered benefits and /or cancellation of coverage under the Health Plan. 3. City will pay or cause to be paid to QMH &L 100% of all premiums for City's and District's employees covered under the Health Plan. District agrees to reimburse and pay City an amount equal to 100% of all premiums for District's employees. District will deliver to City on or before the 20th day of each month com- mencing January 1993 its check payable to QMH &L in an amount equal to one hundred percent (100%) of all premiums for District's employees. City will remit such check to QMH &L with its payment for its firefighters who are participants in the Health Plan. All premiums paid by City for District's employees and not reimbursed to City or paid by District shall become a debt owing to City by District and shall accrue interest at the rate of 12% per annum from the date such premiums should have been paid by District. If City institutes litigation to recover payment of such debt, District agrees to pay all City's costs and expenses including reasonable attorney fees. 4. District aknowledges receipt of a copy of the Health Plan documents and contract and approves and adopts same for itself and for and on behalf of District's employees. District further acknowledges and agrees that City makes no representations or warranties with respect to benefits and /or coverage under the Health Plan and City assumes no liability or responsibility there- under except that City will perform the administrative responsi- bilities of the Employer under the Health Plan. District's employees may only seek recovery for covered benefits from and against QMH &L. District will defend, indemnify and hold City harmless from and against all damages, liabilities and expenses (including reasonable attorney fees) resulting or arising out of any claim, suit or action asserted or filed against the City by District's employees or beneficiaries with respect to claims or benefits under the Health Plan. 5. The utilization and expense of District's employees will be included with the City's firefighters covered under the Health Plan for the purposes of computing premium rates and adjustments. However, QMH &L confirms and agrees the inclusion of District's employees will not result in a rate increase to any component or coverage of the Health Plan for 1993 nor affect the twelve percent (12 %) rate guarantee for the calendar year 1994. 6. District shall comply with all Employer guidelines of the Health Plan. 7. Except as herein provided, District's employees shall continue to be covered under the Health Plan as long as City's firefighters are covered under the Health Plan. District may not terminate nor cancel the Health Plan and may not withdraw District's employees from coverage under the Health Plan without the prior written consent of City and QMH &L. City and QMH &L may jointly terminate and cancel the Health Plan with respect to District's employees upon 30 days prior written notice given to the District specifying the date of termination. District will prior to the date of termination obtain other health insurance or health plan covering District's employees which shall become effective on the date of termination. 8. This Agreement is contingent upon and shall not become effective until: (a) City's receipt from QMH &L of a Health Plan contract acceptable to City; (b) IAFF Local No. 3's written approval of this Agree- -2- ment; and, (c) City's receipt of a certified resolution of the Board of Directors of District approving this Agreement and authorizing its execution in the name of the District by its President. 9. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and shall be construed in accordance with Colorado law. Executed at Pueblo, Colorado the day and year first above written. PUEBLO, A MUNICIPAL CORPORATION PUEBLO RURAL FIRE DISTRICT i By By .. Title: President of the City Title: Presiclk / of the card Council of Directors APPROVED: s , kA) �!, City Manager 7k L City Attor/ QUALMED HEALTH & LIFE INSURANCE COMPANY, INC. By Title APPRnVAT, International Association of Firefighters Local #3 does hereby approve the above agreement and consents and agrees to the inclu- sion of the employees and retirees of the Pueblo Rural Fire District as participants in the City's health plan with QualMed Health & Life Insurance Company, Inc. covering City's firefighters. Signed Jerry _�, 1993. INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #3 Z 61�A z e L � Wre di • - �7/ TJ 65.3 -3- RESOLUTION NO. 93 -1 A RESOLUTION APPROVING AN AGREEMENT WITH THE PUEBLO RURAL FIRE DISTRICT, THE CITY OF PUEBLO AND QUAL -MED INC. PROVIDING FOR THE INCLUSION OF EMPLOYEES AND RETIREES OF THE FIRE DISTRICT IN THE SAME HEALTH INSURANCE GROUP AS THE CITY OF PUEBLO FIREFIGHTERS FOR 1993 AND AUTHORIZING THE PRESIDENT OF THE BOARD OF DIRECTORS TO SIGN SUCH AGREEMENT WHEREAS, the employees of the Pueblo Rural Fire District, Qual -Med Inc. and International Association of Fire Fighters Local No. 3 have requested that employees and retirees of the Pueblo Rural Fire District be included in the group under the health plan contact covering City of Pueblo Fire Fighters for 1993; and WHEREAS, the City of Pueblo, Qual -Med Inc., and the Board of Directors of the Pueblo Rural Fire District are willing to include District employees in the group for such health insurance plan under certain terms and conditions. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PUEBLO RURAL FIRE DISTRICT, THAT: Section 1. The attached agreement with the City of Pueblo, Qual -Med, Inc., is hereby approved by the Board of Directors of the Pueblo Rural Fire District. Section 2. The President of the Board of Directors of the Pueblo Rural Fire District is authorized and directed to execute such Agreement on behalf of the Fire District. Section 3. This resolution shall become effective immediately upon adoption. This resolution is adopted on January 28, 1993. Robert Ja s Nolti.ng, Presid nt Board of irectors ATTEST: A P�vt (ti / Tomfna Parco, Secretary