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HomeMy WebLinkAbout03/27/2014 - Regular Agenda Packet - City CouncilCity Council Regular College Station, TX Meeting Agenda 1101 Texas Ave College Station, TX 77840 City Hall Council Chambers 7:00 PM Thursday, March 27, 2014 1. Pledge of Allegiance, Invocation, Consider absence request. Presentation: Presentation proclaiming March 27, 2014, as HEART GALLERY OF CENTRAL TEXAS DAY. Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a fut ure agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Consent Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals who wish to address the City Council on a consent agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. Presentation, possible action, and discussion of minutes for: · March 13, 2014 Workshop · March 13, 2014 Regular Council Meeting 14-329 2a. WKSHP031314 DRAFT Minutes RM031314 DRAFT Minutes Attachments: Presentation, possible action, and discussion regarding a three year professional services contract with McCord Engineering, Inc. for $1,800,000 for electrical engineering services and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. 14-304 2b. Engineering Services Retainer Contract.pdf reimb reso 032714.pdf Attachments: Page 1 College Station, TX Printed on 3/21/2014 March 27, 2014 City Council Regular Meeting Agenda Presentation, possible action and discussion on the second reading of an ordinance granting a non-exclusive natural gas franchise to Atmos Energy Corporation Mid-Tex Division. 14-309 2c. Atmos Franchise 3 13 14.pdf Attachments: Presentation, possible action and discussion on a bid award for the annual price agreement for various electrical items and electric meters to be stored in inventory as follows: Hill Country Electric, $66,685.00; Stuart C. Irby, $14,887.85; Wesco, $10,852.50; Texas Electric Cooperatives, $8,707.50; Trayer, $159,632.00; Beckwith Electric, $109,410.00; Techline, $508,658.25; KBS Electric Distributors, $46,710.00; Priester-Mell & Nicholson, $148,787.68. Total estimated annual expenditure is $1,074,330.78. 14-312 2d. Tabulation 14-038 3-3.pdf Attachments: Presentation, possible action and discussion regarding renewal approval of annual contracts for Landscape Maintenance and Mowing of City Sites to Green Teams, Inc, Contract 13-189 for $650,545.00 and Roots Landscaping, LLC., Contract 13-259 for $17,500.00 for a total amount of $668,045.00 14-316 2e. Contract 13-189 Signed Green Teams - Landscape Mgmt.pdf Contract 13-259 Signed Roots Landscaping - Landscape Mgmt.pdf Attachments: Presentation, possible action and discussion of an ordinance amending Chapter 10 “Traffic Code”, to remove parking along Toni Court and Keefer Loop in the Buena Vida Subdivision. 14-317 2f. Toni Court Exhibit.pdf ordinance standard.pdf Attachments: Presentation, possible action, and discussion regarding the ratification to renew the Stop Loss policy for the City’s self-funded health plan with Blue Cross and Blue Shield of Texas (BCBS) for the period of January 1, 2014 through December 31, 2014. The estimated annual premiums are $570,648. 14-315 2g. SL Recommendation.pdf TX Stop Loss Policy STD.pdf Attachments: Presentation, possible action, and discussion regarding approval for the Amendment to the Administrative Services Agreement with Blue Cross and Blue Shield of Texas for medical, dental and prescription drug plan for calendar year 2014, in the amount of $432,271. 14-318 2h. 80897 Amendment to ASA 11.13 .pdf 13-233 Final Executed ASA.pdf Attachments: Presentation, possible action, and discussion on approving projected City expenditures for employee life, accidental death & dismemberment 14-319 2i. Page 2 College Station, TX Printed on 3/21/2014 March 27, 2014 City Council Regular Meeting Agenda (AD&D) insurance for all benefit-eligible employees. Projected annual City cost for January 1, 2014 through December 31, 2014 is $93,000. 13-125 - Mutual of Omaha.pdf Attachments: Presentation, possible action, and discussion to purchase and install a new motor control center for high service pump #1 at the Dowling Road Pump Station, for a total cost not to exceed $120,000, and approval of a contingency transfer. 14-332 2j. Reynolds Quote Attachments: Presentation, possible action, and discussion on an ordinance amending Chapter 4, Section 1, “Business Regulations," "Solicitors, Charitable Solicitors, Itinerant Vendors, Handbill Distributors" by establishing a registry for Home Solicitation, and Section 18, formerly repealed "Solicitation by Coercion," of the Code of Ordinances, City of College Station, Texas, as set out below; providing a severability clause; declaring a penalty; and providing for an effective date. 14-322 2k. Ordinance, with attached A & B Exhibit A (which will be amending section 4-1) Exhibit B (which will be amending 4-18) Attachments: Regular Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Regular Agenda Item. Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor's announcement to open the public hearing.· The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. Page 3 College Station, TX Printed on 3/21/2014 March 27, 2014 City Council Regular Meeting Agenda Public Hearing, presentation, possible action, and discussion regarding a Resolution granting conditional consent to the creation of Brazos County Municipal Utility District No. 1, consisting of approximately 553 acres and located at 17529 State Highway South, in the City’s extraterritorial jurisdiction. 14-295 1. Vicinity Map Concept Plan Application Resolution Exhibit A Attachments: Public Hearing, presentation, possible action, and discussion on Budget Amendment #2 amending Ordinance No. 3523 which will amend the budget for the 2013-2014 Fiscal Year in the amount of $565,396; and presentation, possible action and discussion on a contingency transfer in the amount of $35,000 and interfund transfers totaling $871,455. 14-334 2. Ordinance-FY14-Budget Amendment #2.pdf Exhibit A-FY 14 Budget Amendment 2.pdf Attachments: 3. Adjourn. The City Council may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. Page 4 College Station, TX Printed on 3/21/2014 --- City Council Regular Meeting Agenda March 27, 2014 APPROVED Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be held on the 27th day of March, 2014 at 7:00PM at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda. Posted this 21st day of March, 2014 at 5:00 p.m. I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City's website, www.cstx.gov. The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on March 21, 2014 at 5:00 p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: by ___ Dated this _ day ___,2014 By _________ This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TOO) 1-800-735-2989. Agendas may be viewed on www.cstx.gov. Council meetings are broadcast live on Cable Access Channel 19. College Station, TX Page 5 Printed on 312012014 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-329 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:3/14/2014 City Council Regular On agenda:Final action:3/27/2014 Title:Presentation, possible action, and discussion of minutes for: ··March 13, 2014 Workshop ··March 13, 2014 Regular Council Meeting Sponsors: Indexes: Code sections: Attachments:WKSHP031314 DRAFT Minutes RM031314 DRAFT Minutes Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: ··March 13, 2014 Workshop ··March 13, 2014 Regular Council Meeting ··Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: N/A Attachments: College Station, TX Printed on 3/21/2014Page 1 of 1 powered by Legistar™ WKSHP031314Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION MARCH 13, 2014 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney, arrived after roll call John Nichols Julie Schultz James Benham, absent City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager Sherry Mashburn, City Secretary Ian Whittenton, Records Management Coordinator 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Berry at 4:30 p.m. on Thursday, March 13, 2014 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 4:30 p.m. on Thursday, March 13, 2014 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023. WKSHP031314Minutes Page 2 Patricia Kahlden, individ. and as rep. of the Estate of Lillie May Williams Bayless v. Laura Sue Streigler, City of College Station and James Steven Elkins, No. 11-003172- CV-272, in the 272ndDistrict Court of Brazos County, TX Cause No. 13-002978-CV-361, Deluxe Burger Bar of College Station, Inc. D/B/A Café Eccell v. Asset Plus Realty Corporation, City of College Station, Texas and the Research Valley Partnership, Inc., In the 361st Judicial District Court, Brazos County, Texas B. Consultation with Attorney to seek legal advice; to wit: Legal advice regarding proposed changes to Chapter 4, Section 1 of the Code of Ordinances C. Deliberation on an offer of financial or other incentives for a business prospect the City Council seeks to have locate, stay, or expand in or near the City; to wit: Economic incentives for a proposed development located in the Biocorridor. The Executive Session adjourned at 5:40 p.m. 3. Take action, if any, on Executive Session. No action was required from Executive Session. 4. Presentation, possible action, and discussion on items listed on the consent agenda. 2d: Carla Robinson, City Attorney, clarified that the original franchise expired in December, and this is not backdated. Both parties agreed to this. 2b: Mayor Berry clarified that the Historic Preservation Committee is returning to the Parks Department because there are already budgeted funds for historic preservation within that department, and the remaining donated funds from the 75th Anniversary event will be allocated to that budget item. 5. Presentation, possible action and discussion regarding the Scott & White BCS Marathon. Chris Field, founder of the Scott & White Marathon and race director, thanked City staff for their support and assistance in making this event a success. He reported that the race was started in 2011 as a fundraiser for the Mercy Project. It increased from 1,731 runners in 2011 to 4,165 registered runners in 2013. In 2012, a kid’s marathon was added the day before the big race involving more than 1,000 young people. Over three year’s time, the race has brought in more than $370,000 for Bryan/College Station based children’s charities. After this year’s race, runners were surveyed to get a better idea of what they thought about the race and what kind of real dollars they were spending on race weekend. The results were startling. 92% said organization of the race was excellent; 81% said the value of the race was excellent, and 70% plan to return next year. After just three years, the BCS Marathon is the highest rated marathon in the state of Texas by runner review with five out of five stars in all three rating categories. WKSHP031314Minutes Page 3 6. Presentation, possible action and discussion regarding the implementation of bike lanes in school zones. Troy Rother, Assistant City Engineer, reported that concern has been expressed regarding school children’s safety and the impact on schools. Schools were evaluated, and the process involved observing traffic and gathering input from school principals to possibly develop a plan. After Pebble Creek was evaluated, three striping alternatives were developed. Southwood Valley was also evaluated, and one striping alternative was developed. The next schools to be evaluated will be Rock Prairie Elementary, Oak Wood, and College Hills. They plan to use the same process. He recommends going forward with putting in the sharrows for Pebble Creek, but Southwood Valley is fine the way it is currently. Council expressed their support of his recommendations. 7. Council Calendar March 17 IGC Meeting at BVCOG, 12:00 p.m. March 17 Budget and Finance Committee Meeting in City Hall Administrative Conference Room, 2:00 p.m. March 19 RVP Board Meeting at RVP, 3:00 p.m. March 20 Business After Hours - Allen Honda at 2450 Earl Rudder Frwy (CS), 5:30 p.m. March 20 P&Z Workshop/Regular Meeting, 5:00/7:00 p.m. (Liaison: Steve Aldrich) March 21 Chamber of Commerce 16th Annual Crawfish Boil at Brazos County Expo Complex, 5:30 p.m. March 25 Audit Committee Meeting in City Hall Administrative Conference Room, 3:30 p.m. March 27 Executive Session/Workshop/Regular Meeting at 4:30, 6:00 & 7:00 p.m. Council reviewed the calendar. 8. Presentation, possible action, and discussion on future agenda items: a Councilmember may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Councilmember Brick wants to discuss at the use of E-cigarettes and what other cities are doing. 9. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Arts Council Sub-committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Convention & Visitors Bureau, Design Review Board, Economic Development Committee, WKSHP031314Minutes Page 4 Gigabit Broadband Initiative, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Partnership, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Twin City Endowment, Youth Advisory Council, Zoning Board of Adjustments. Councilmember Mooney reported on the CVB panel reviewing HOT fund requests. Councilmember Brick reported on the Bicycle, Pedestrian, and Greenways Committee. Councilmember Aldrich reported on the Arts Council. 10. Adjournment MOTION: There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 6:58 p.m. on Thursday, March 13, 2014. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM031314 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION MARCH 13, 2014 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham, arrived after roll call City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager Sherry Mashburn, City Secretary Ian Whittenton, Records Management Coordinator Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called t o order by Mayor Berry at 7:06 p.m. on Thursday, March 13, 2014 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation, consider absence request. Citizen Comments Ben Roper, 5449 Prairie Dawn Court, honored the life and sacrifice of Specialist Rodrigo Gonzalez, Jr., who died in the service of his country. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: February 27, 2014 Workshop February 27, 2014 Regular Council Meeting RM031314 Minutes Page 2 2b. Presentation, possible action, and discussion on Ordinance 2014-3557, amending Chapter 1, Section 1-23, "Creation of a Historic Preservation Committee", of the Code of Ordinances of the City of College Station, Texas, by amending certain sections as set out below; providing a severability clause; declaring a penalty; and providing an effective date. 2c. Presentation, possible action and discussion on the cancellation of award with Stuart C. Irby; re-award of the annual purchase of various transformers and ratification of purchase of emergency transformers. The revised total recommended for re-award is $546,504.03. 2d. Presentation, possible action and discussion on the first reading of an ordinance granting a non-exclusive natural gas franchise to Atmos Energy Corporation Mid-Tex Division. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public hearing, presentation, possible action, and discussion regarding Resolution 03-13- 14-1, granting conditional consent to the creation of Brazos County Municipal Utility District No. 1, consisting of approximately 553 acres and located at 17529 State Highway 6 South, in the City’s extraterritorial jurisdiction. This item was pulled from the agenda. 2. Public hearing, presentation, possible action, and discussion, regarding Ordinance 2014- 3558, amending Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to SC Suburban Commercial for approximately 1.3 acres in the Robert Stevenson League, Abstract No. 54 as described by a deed to Akaal Holdings, LLC recorded in Volume 10876, Page 89 of the office of public records of Brazos County Texas, located at 13913 Wellborn Road. Morgan Hester, Planning and Development Services, provided a brief background on this item. The Planning and Zoning Commission heard this item at their February 20 meeting and approved the re-zoning six (6) to one (1). At approximately 7:17 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:17 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted six (6) for and one (1) opposed, with Councilmember Nichols voting against, to adopt Ordinance 2014-3558, amending Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to SC Suburban Commercial for approximately 1.3 acres in the Robert Stevenson League, Abstract No. 54 as RM031314 Minutes Page 3 described by a deed to Akaal Holdings, LLC recorded in Volume 10876, Page 89 of the office of public records of Brazos County Texas, located at 13913 Wellborn Road. The motion carried. 3. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 7:19 p.m. on Thursday, March 13, 2014. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-304 Name:Professional Services contract with McCord Engineering, Inc. Status:Type:Contract Consent Agenda File created:In control:3/4/2014 City Council Regular On agenda:Final action:3/27/2014 Title:Presentation, possible action, and discussion regarding a three year professional services contract with McCord Engineering, Inc. for $1,800,000 for electrical engineering services and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. Sponsors: Indexes: Code sections: Attachments:Engineering Services Retainer Contract.pdf reimb reso 032714.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding a three year professional services contract with McCord Engineering,Inc.for $1,800,000 for electrical engineering services and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. Relationship to Strategic Goals: (Select all that apply) ··Core Services and Infrastructure Recommendation(s): Staff recommends Council approve the contract with McCord Engineering, Inc and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: This contract will be for an original term of three (3) years at $600,000 per year for a total of $1,800,000 for a three (3) year period. The City of College Station Electric Utilities Department has utilized McCord Engineering, Inc. for many years for electric engineering services. McCord Engineering is a highly- qualified local business and is very responsive to the needs of the City. Based on McCord’s unique familiarity with the City’s electric system it is in the City’s best interest to continue to contract with McCord to provide these services. As such this contract is exempt from the City’s Request for Qualifications process. It is anticipated over the three year contract that McCord Engineering will provide engineering and design services as needed for new and existing electric systems facilities additions and improvements. Budget & Financial Summary: Funds are available as budgeted and approved in the Electric Utility’s annual budget and in the Electric Utility Capital Improvement Projects Fund for professional services related electric capital improvement projects. It is anticipated that long term debt will be used for the capital items covered by this contract. The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this item because the long term debt has not been issued for the capital costs anticipated to be incurred as part of this contract. This debt is scheduled to be issued later this fiscal year and in future College Station, TX Printed on 3/21/2014Page 1 of 2 powered by Legistar™ File #:14-304,Version:1 fiscal years. Attachments: 1.Contract 2.Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt College Station, TX Printed on 3/21/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-309 Name:Atmos Franchise - 2nd Reading Status:Type:Franchises Consent Agenda File created:In control:3/6/2014 City Council Regular On agenda:Final action:3/27/2014 Title:Presentation, possible action and discussion on the second reading of an ordinance granting a non- exclusive natural gas franchise to Atmos Energy Corporation Mid-Tex Division. Sponsors: Indexes:Atmos, Franchise Code sections: Attachments:Atmos Franchise 3 13 14.pdf Action ByDate Action ResultVer. Presentation, possible action and discussion on the second reading of an ordinance granting a non- exclusive natural gas franchise to Atmos Energy Corporation Mid-Tex Division. Relationship to Strategic Goals: (Select all that apply) ··Financially Sustainable City ··Core Services and Infrastructure Recommendation(s): Approve the second reading of the franchise ordinance. Summary: On March 25, 2004 Council passed ordinance 2705 granting a non-exclusive natural gas franchise to TXU Gas Company which was set to expire on December 31, 2013. In the summer of 2004, Atmos Energy acquired the distribution and transmission assets of TXU Gas Company and assumed its franchise with the city. This new franchise agreement with Atmos is active until December 31, 2023 and per section 10 of the ordinance cannot be assigned without the approval of the City Council. This is the second reading of the franchise ordinance. The first reading occurred on March 13, 2014. This franchise becomes effective after sixty (60) days following its second and final passage by the City Council. Budget & Financial Summary: The city will receive a franchise fee of five percent (5%). Attachments: Franchise Ordinance College Station, TX Printed on 3/21/2014Page 1 of 1 powered by Legistar™ O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 1 ORDINANCE NO: _____________ AN ORDINANCE GRANTING TO ATMOS ENERGY CORPORATION, A TEXAS AND VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE PIPELINES AND EQUIPMENT IN THE CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID CITY FOR ALL PURPOSES; RESERVING MUNICIPAL AUTHORITY; PROVIDING FOR INDEMNITY TO THE MUNICIPALITY AND INSURANCE BY ATMOS ENERGY CORPORATION; REQUIRING BOOK AND RECORD KEEPING; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE PUBLIC RIGHTS-OF-WAYS; AND PROVIDING THAT SUCH FEE SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; PROVIDING AN EFFECTIVE DATE AND TERM; AND REPEALING ALL PREVIOUS GAS FRANCHISE ORDINANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1. DEFINITIONS: 1.1 “City” shall mean the City of College Station, Texas, a Home -Rule Municipal Corporation operating under the laws of the State of Texas. 1.2 “City Council” shall mean the governing body of the City. 1.3 “City Manager” shall mean the City Manager of the City, or his or her duly authorized representative. 1.4 “Company” shall mean the Mid-Tex Division of the Atmos Energy Corporation, a corporation organized and existing under and by virtue of the laws of the State of Texas and Virginia, authorized to transact and actually transacting business in the State of Texas, acting by and through its duly authorized legal representatives. 1.5 “Customer” shall mean any person or organization being billed for gas services, including transportation, whether used by him or her, or by others. O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 2 1.6 “Emergency” is defined as sudden and unforeseeable damage or malfunction of a portion of the Company’s System that creates a threat to life, health, or property. 1.7 “Franchise” shall mean this Ordinance, and all rights and obligations established herein. 1.8 “Gas” shall mean natural gas and any synthetic gas distributed by the Company through its System. 1.9 “Gross Revenues” shall mean: (a) All revenues billed by the Company from the sale of gas to all classes of customers (excluding gas sold to another non-affiliate gas utility in the City for resale to its customers within the City) within the City including base rate revenues and revenues from the Company’s purchased gas adjustment tariff; (b) All revenues received by the Company from the transportation of gas through the System to customers located within the City (excluding gas transported to another non-affiliate gas utility in the City for resale to its customers within the City); (c) The value of gas transported by the Company for Transport Customers through the System (excluding gas sold to another non-affiliate gas utility in the City for resale to its customers within the City), with the value of such gas to be established by utilizing the Company’s monthly Weighted Average Cost of Gas charged to industrial customers in the Mid-Tex division as reasonably near the time as the transportation services is performed; (d) Contributions in aid of construction; and (e) “Gross Revenues” shall also include state gross receipts tax and the following “miscellaneous charges”: to connect, disconnect or reconnect gas and charges to handle returned checks from consumers within the City. O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 3 (f) “Gross Revenues” shall not include: i. revenues billed but not ultimately collected or received by the Company; ii. the revenue of any affiliate or subsidiary of the Company; iii. sales tax and franchise fees paid to the City; iv. interest or investment income earned by the Company; and v. monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the Public Rights-of-Way. 1.10 “Public Rights-of-Way” shall mean the area on, below, or above a public roadway, highway, street, sidewalk, alley, waterway, or utility easement of the City, as they now exist or may hereafter be constructed, opened, laid out, or extended within the present limits of the City, or in such territory as may hereafter be added to, consolidated or annexed to the City. 1.11 “System” shall mean all the Company’s pipes, pipelines, gas mains, laterals, feeders, regulators, meters, fixtures, connections and any other equipment or instrumentalities used in or incident to providing delivery, transportation, distribution, supply and sales of natural gas for heating, lighting, power, and any other purpose for which natural gas may now or hereafter be used, located within the corporate limits of the City. 1.12 “Transport Customer” shall mean any person or entity for which the Company transports gas through the System to Customers for delivery or consumption within the City. O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 4 SECTION 2. GRANT OF AUTHORITY: 2.1 The City hereby grants to the Company, its successors and assigns, consent to use and occupy the Public Rights-of-Way, for the purpose of laying, maintaining, constructing, protecting, operating, and replacing therein and thereon all or any portion of the System to deliver, transport, and distribute gas in, out of, and through the City for persons, firms, and corporations, including all the general public, and to sell gas to persons, firms, and corporations, including all the general public, within the City corporate limits, as such limits may be amended from time to time during the term of this franchise, said consent being granted for a term ending December 31, 2023. 2.2 The provisions set forth in this Ordinance represent the terms and conditions under which the Company shall construct, operate, and maintain the System. In granting this franchise, the City does not in any manner surrender or waive its regulatory or other rights and powers under and by virtue of the Constitution and statutes of the State of Texas as the same may be amended, nor any of its rights and powers under and by virtue of present or future ordinances of the City. The Company, by its acceptance of this Franchise, agrees that all such lawful regulatory powers and rights as the same may be from time to time vested in the City shall be in full force and effect and subject to the exercise thereof by the City at any time. SECTION 3. CONSTRUCTION, MAINTENANCE, OPERATION & RELOCATION OF COMPANY FACILITIES: 3.1 The Company is hereby authorized to lay, maintain, construct, operate, and replace its pipes, mains, laterals, and other equipment to minimize interference with traffic, place or cause to be placed appropriate barriers to mark excavations or obstructions, and restore to as good a condition as before commencement of work all Public Rights-of-Way that it may disturb. Before any work is commenced, the Company must obtain any permits required by the City for construction within the Public Rights-of-Way in accordance with the ordinances or process in place at the time the work is performed. Under no circumstances shall the Company be required O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 5 to pay for any permit. It shall not be necessary for the Company to obtain permits for the laying of service lines from the mainline pipes of the Company to its Customers if no work will take place in Public Rights-of-Way. It shall not be necessary for the Company to obtain a permit in advance of resolving an Emergency. In the event of an Emergency, the Company shall notify the City Manager no later than ten (10) days after the last day of the Emergency, along with information that describes the circumstances of the Emergency. 3.2 In determining the location of the facilities of the City and other users of Public Rights- of-Way, the City shall minimize interference with then existing System facilities and shall instruct other users of Public Rights-of-Way to minimize interference with existing System facilities. The placement of all System facilities shall be subject to the City’s approval. In the event of a conflict between the location of the Company’s proposed facilities and the location of the existing facilities of the City or other users of Public Rights-of-Way within Public Rights-of- Way that cannot otherwise be resolved, the City or an authorized agent of the City shall resolve the conflict and determine the location of the respective facilities within the Public Rights-of- Way. 3.3 The Company or contractors working on behalf of the Company shall not be required to pay fees for permits that must be obtained from the City for street cutting, street excavation or other work in Public Rights-of-Way in connection with the Company’s operations. A copy of the City’s annual capital improvements plan (“CIP”) shall be made available on the City’s website or upon request. The City should notify the Company’s local representative of any major change to the CIP. When required by City to remove or relocate its mains, laterals, and/or other facilities lying within Public Rights-of-Way, the Company shall do so as soon as practically possible with respect to the scope of the project. In no event shall the Company be required to remove or relocate its facilities in less than thirty (30) days from the time notice is given to the Company by the City. 3.4 If the City, constructs or alters its sewers, drainage, water lines, other utilities, or the grade or alignment of the Public Rights-of-Way, so as to conflict with System facilities, the Company shall remove or relocate its mains, laterals, and other facilities lying within Public O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 6 Rights-of-Way that are in conflict, at its own expense, unless such work is for the primary purpose of beautification.. However, if such work is being performed because of a private development project, the private developer shall be required to reimburse the Company for the cost of removal or relocation of its facilities. Schedules for this work shall be developed by the designated representatives of the Company and the City. If such representatives cannot agree on the schedule, the City Manager, after consultation with the Company, shall establish a schedule. This schedule shall provide for a minimum of thirty (30) days between the time the schedule is furnished to the Company and the time that any specific work to be done by the Company covered in the schedule is to begin. When the Company is required by the City to relocate its facilities, the City shall work with the Company to obtain a safe and suitable alternative location. The Company shall not be required to relocate facilities to a depth of greater than four (4) feet unless prior agreement is obtained from the Company. 3.5 When the Company is required by the City to remove or relocate its mains, laterals, and other facilities lying within Public Rights-of-Way to accommodate a request by City, and costs of utility removals or relocations are eligible under federal, state, county, local or other programs for reimbursement of costs and expenses incurred by the Company as a result of such removal or relocation, and such reimbursement is required to be handled through the City, the Company costs and expenses shall be included in any application by the City for reimbursement if the Company submits its cost and expense documentation to the City prior to the filing of the application. The City shall provide reasonable written notice to the Company of the deadline for the Company to submit documentation of the costs and expenses of such relocation to the City. In the event that the City does not provide sufficient written notice to Atmos Energy as set forth in this paragraph, the City shall be responsible for fifty percent (50%) of the cost of the removal or relocation of Atmos Energy’s facilities. 3.6 When the Company is required to remove or relocate its mains, laterals or other facilities to accommodate construction by the City without reimbursement from the City, the Company shall have the right to seek recover y of relocation costs as provided for in applicable state and/or federal law. Nothing herein shall be construed to prohibit, alter, or modify in any way the right of the Company to seek or recover a surcharge from Customers for the cost of relocation O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 7 pursuant to applicable state and/or federal law. The City shall not oppose recovery of relocation costs when the Company is required by the City to perform relocation. The City shall not require that the Company document request for reimbursement as a pre-condition to recovery of such relocation costs. Notwithstanding any provision of this Franchise, the City shall have the right to participate and challenge any other capital costs or expenses of the Company and request full documentation to the full extent provided by state law. 3.7 If the City abandons any Public Rights-of-Way in which the Company has facilities, such abandonment shall be conditioned on the Company’s right to maintain its use of the former Public Right-of-Way and on the obligation of the party to whom the Public Right-of-Way is abandoned to reimburse the Company for all removal or relocation expenses if the Company agrees to the removal or relocation of its facilities following abandonment of the Public Right-of- Way. If the party to whom the Public Right-of-Way is abandoned requests the Company to remove or relocate its facilities and the Company agrees to such removal or relocation, such removal or relocation shall be done within a reasonable time at the expense of the party requesting the removal or relocation. If relocation cannot practically be made to another Public Right-of-Way, the expense of any right-of-way acquisition shall be considered a relocation expense to be reimbursed by the party requesting the relocation. 3.8 If a meter is installed in or near the Public Rights-of-Way, the Company agrees to discuss with the City Engineer or his delegate the aesthetics of the meter placement. If agreement cannot be reached, the Company may install standard equipment. 3.9 The Company shall be required to extend distribution mains in any street up to one hundred (100) feet for any one residential customer, provided, however, if the Company determines the anticipated connected load will prohibit the Company a reasonable return on its investment as may be allowed by statute, law, or regulation and the provision of service is not economically feasible, the cost of such extension shall be borne by the customer. The Compa ny shall not be required to extend transmission mains in any Public Rights -of-Way or to make a tap on any transmission main within the City unless the Company agrees to such extension by a written agreement between the Company and a customer. O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 8 3.10 The Company hereby agrees that it will not arbitrarily refuse to provide service to any Customer that it is economically feasible for the Company to serve if the Customer to be benefitted will pay the cost thereof or if it can be shown that the revenue resulting from such extension will, within a reasonable time after same is made, pay a reasonable return on the Company’s investment, after making the customary allowance for depreciation. 3.11 The Company shall furnish reasonably adequate service to Customers as reasonable rates and charges therefor, and the Company shall maintain its System in good order and condition. Such rates shall be established in accordance with all applicable statutes and ordinances. The Company shall maintain on file with the City copies of its current tariffs, schedules or rates and charges and service rules and regulations applicable to the City. The rates and charges collected from Customers shall be subject to revision and change by either the City or the Company in the manner provided by law. SECTION 4. INDEMNITY & INSURANCE: 4.1 IN CONSIDERATION OF THE GRANTING OF THIS FRANCHISE, THE COMPANY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, BOARDS AND COMMISSIONS (THE “INDEMNITEES”) FROM AND AGAINST ALL SUITS, ACTIONS OR CLAIMS OF INJURY TO ANY PERSON OR PERSONS, OR DAMAGES TO ANY PROPERTY BROUGHT OR MADE FOR OR ON ACCOUNT OF ANY DEATH, INJURIES TO, OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR FOR DAMAGE TO OR LOSS OF PROPERTY ARISING OUT OF, OR OCCASIONED BY THE COMPANY’S INTENTIONAL AND/OR NEGLIGENT ACTS OR OMISSIONS IN CONNECTION WITH THE COMPANY’S OPERATIONS, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY DETERMINED BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM THE SOLE NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS OF THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES. IN THE O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 9 EVENT OF JOINT AND CONCURRENT NEGLIGENCE OR FAULT OF BOTH THE CITY AND THE COMPANY, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT, HOWEVER, WAIVING ANY NECESSARY CONSENT TO SUIT OR GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY OF THE DEFENSES OF THE PARTIES UNDER TEXAS LAW. FURTHER, IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OR FAULT OF BOTH THE CITY AND THE COMPANY, RESPONSIBILITY FOR ALL COSTS OF DEFENSE SHALL BE APPORTIONED BETWEEN THE CITY AND THE COMPANY BASED UPON THE COMPARATIVE FAULT OF BOTH. 4.2 The Company’s insurance of its obligations and risks undertaken pursuant to this franchise may be in the form of self-insurance to the extent permitted by applicable law, under a Company plan of self-insurance maintained in accordance with sound accounting and risk- management practices. SECTION 5. NON-EXCLUSIVE FRANCHISE: The rights, privileges, and franchises granted by this ordinance are not to be considered exclusive, and the City hereby expressly reserves the right to grant, at any time, like privileges, rights, and franchises as it may see fit to any other person or corporation for the purpose of transporting, delivering, distributing, or selling gas to and for the City and the inhabitants thereof. SECTION 6. PAYMENTS TO CITY: 6.1 Except as provided in Section 6.3 below, the Company, its successors and assigns, agrees to pay and the City agrees to accept, on or before the 15th day of May, August, November, 2014 and February, 2015, and on or before the same days of each succeeding year during the term of this Franchise the last payment of the initial term being made on the 15th day of February, 2024, a sum of money which shall be equivalent to five percent (5%) of the Gross Revenues received by the Company during the preceding calendar quarter. O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 10 6.2 The initial payment for the rights and privileges herein provided shall be for the privilege period January 1 through March 31, 2014, and each succeeding payment shall be for the privilege period of the calendar quarter preceding the quarter in which the payment is made. 6.3 The franchise fee amounts based on CIAC shall be calculated on an annual calendar year basis, i.e. from January 1 through December 31 of each calendar year. The franchise fee amounts that are due based on CIAC shall be paid at least once annually on or before April 30 each year based on the total CIAC recorded within the corporate limits of the City during the preceding calendar year. The final payment of franchise fee amounts based on CIAC will be April 30, 2024. 6.4 Payments received after the due date shall be subject to interest charged at the rate for Customer deposits under the Texas Utilities Code Section 183.003 in effect for the time period involved, from such due date until payment is received by the City. 6.5 The Company shall provide a report with each payment which sets forth the total, in dollars and cents, of the Gross Revenues. At a minimum, the report will show, by Customer class, Gross Revenues and resulting franchise fee attributable to the sale of gas and other miscellaneous charges. In addition, the report will show the amount of franchise fee collected from transportation customers attributable to the value of gas transported for the customers. 6.6 It is also expressly agreed that the aforesaid payments shall be in lieu of any and all other and additional occupation taxes, easement, franchise taxes or charges (whether levied as an ad valorem, special, or other character of tax or charge), municipal license, permit, and inspection fees, bonds, street taxes, and street or alley rentals or charges, and all other and additional municipal taxes, charges, levies, fees, and rentals of whatsoever kind and character that the City may now impose or hereafter levy and collect from the Company or the Company’s agents, excepting only the usual general or special ad valorem taxes that the City is authorized to levy and impose upon real and personal property. If the City does not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of taxes, licenses, fees, street or alley rentals or charges, easement or franchise taxes or charges aforesaid, then the City agrees O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 11 that it will apply so much of said sums of money paid as may be necessary to satisfy the Company’s obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or franchise taxes or charges aforesaid. 6.7 If the Company should at any time after the effective date of this Ordinance agree to a new municipal franchise ordinance, or renew an existing municipal franchise ordinance, with another municipality in the Company’s Mid-Tex Division, which municipal franchise ordinance determines the franchise fee owed to that municipality for the use of its public rights-of-way in a manner that, if applied to the City, would result in a franchise fee greater than the amount otherwise due the City under this Ordinance, then the franchise fee to be paid by the Company to the City pursuant to this Ordinance may, at the election of the City, be increased so that the amount due and to be paid is equal to the amount that would be due and payable to City were the franchise fee provisions of that other franchise ordinance applied to City. The City acknowledges that the exercise of this right is conditioned upon the City’s acceptance of all terms and conditions of the other municipal franchise in toto. The City may request waiver of certain terms and Company may grant, in its sole reasonable discretion, such waiver. 6.8 The Company may file with the City a tariff or tariff amendment(s) to provide for the recovery of the franchise fees under this agreement. 6.9 The City agrees that (i) as regulatory authority, it will adopt and approve the ordinance, rates or tariff which provide for 100% recovery of such franchise fees as part of the Company’s rates; (ii) if the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of the Company’s franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of such franchise fees by the Company and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by the Company. 6.10 The City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by the Company. O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 12 SECTION 7. BOOKS AND RECORDS: 7.1 The Company shall keep complete and accurate books of accounts and records of its business and operations under and in connection with this Franchise. All such books of accounts and records shall be kept at the Company’s principal office. Upon request of the City, the Company shall present any and all records, accounts and books for inspection relative to the Gross Revenues of the Company within the corporate limits of the City. The City may, if it sees fit, upon reasonable notice to the Company, have the books and records of the Company examined by a representative of the City to ascertain the correctness of the reports agreed to be filed herein. The Company shall make available to the auditor such personnel and records as the City may request in order to complete such audit, and shall make no charge to the City therefore. The Company shall assist the City in its review by providing all requested information no later than fifteen (15) days after receipt of a request. 7.2 The City may conduct an audit or other inquiry or may pursue a cause of action in relation to the payment of the franchise fee only if such audit, inquiry or pursuit of a cause of action concerns a payment made less than two (2) years before the commencement of such audit, inquiry or pursuit of a cause of action. Each party shall bear its own costs of any audit or inquiry, unless, if after receiving written notice from the City of the City’s intent to perform an audit, the Company fails to provide data, documents, reports, or information required to be furnished or fails to reasonably cooperate with the City during an audit properly performed, the Company shall be liable for payment of the City’s reasonable and necessary expenses (including reasonable attorney’s fees) incurred in obtaining such data, documents, reports or information. 7.3 In the event that a dispute arises regarding an audit performed on the Company’s books and records, the Company agrees to participate in mediation in an attempt to resolve the dispute. The Company agrees that it will consult with the City and the parties will mutually agree on a mediator to preside over the mediation. 7.4 The Company shall keep and maintain complete books, records, accounts, documents and papers pertaining to the Company’s System and all the underlying books, records and working O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 13 papers on which the Gross Revenue calculations were based in accordance with the Company’s record retention policy or for a period of four (4) years, whichever is greater. SECTION 8. TERMINATION: 8.1 Right to Terminate: In addition to any rights set out elsewhere in this Franchise, the City reserves the right to terminate the Franchise and all rights and privileges pertaining thereto, in the event that the Company violates any material provision of the Franchise. 8.2 Procedures for Termination: The City may, at any time, terminate this Franchise for a continuing material violation by the Company of any of the substantial terms hereof. In such event, the City shall give to the Company written notice, specifying all grounds on which termination or forfeiture is claimed, by registered mail, addressed and delivered to the Company at the address set forth herein. The Company shall have sixty (60) days after the receipt of such notice within which to cease such violation and comply with the terms and provisions hereof. In the event the Company fails to cease such violation or otherwise comply with the terms hereof, then the Company’s Franchise is subject to termination under the following provisions; provided, however, that, if the Company commences work or other efforts to cure such violations within thirty (30) days after receipt of written notice and shall thereafter prosecute such curative work with reasonable diligence until such curative work is completed, then such violations shall cease to exist, and the Franchise will not be terminated. 8.3 Termination shall be declared only by written decision of the City Council after a public proceeding whereby the Company is afforded the full opportunity to be heard and to r espond to any such notice of violation or failure to comply. The Company shall be provided at least fifteen (15) business days’ prior written notice of any public hearing concerning the termination of the Franchise. In addition, ten (10) days notice by one time publication shall be given of the date, time and place of any public hearing to interested members of the public, which notice shall be paid for by the Company. O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 14 8.4 The City, after full public hearing, and upon finding material violation or failure to comply, may terminate the Franchise or excuse the violation or failure to comply, upon a showing by the Company of mitigating circumstances or upon a showing of good cause of said violation or failure to comply as may be determined by the City Council. 8.5 Nothing herein stated shall preclude the Company from appealing the final decision of the City Council to a court or regulatory authority having jurisdiction. The effective date of such termination shall be either when the appeal is dismissed, withdrawn or when a court order upholding the termination becomes final and unappealable. Until the termination becomes effective the provisions of this Franchise shall remain in effect for all purposes. 8.6 Nothing herein stated shall prevent the City from seeking to compel compliance by suit in any court of competent jurisdiction if the Company fails to comply with the terms of this franchise after due notice and the providing of adequate time for the Company to comply with said terms. SECTION 9. NO THIRD PARTY BENEFICIARIES: The Franchise is made for the exclusive benefit of the City and the Company, and nothing herein is intended to or shall confer any right, claim or benefit in favor of any third party. SECTION 10. SUCCESSORS AND ASSIGNS: No assignment or transfer shall be made in whole or in part except in the case of assignment or transfer to an affiliate, parent, or subsidiary of the Company without approval of the City Council. Notice of said transfer or assignment shall be provided to the City. City shall grant approval unless the assignee is materially weaker than Company. For the purpose of this Section, “materially weaker” means that the long term unsecured debt rating of the assignee is less than investment grade as rated by both S&P and Moody’s. If the assignee is materially weaker, the City may request additional documents and information reasonably related to the transaction and the legal, financial, and technical qualifications of the assignee. City agrees that said approval shall not be unreasonably withheld or delayed. Upon approval, the rights, privileges and franchise herein granted to the Company shall extend to and include all successors and assigns. The terms, conditions, provisions, O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 15 requirements and agreements contained in this Franchise shall be binding upon the successors and assigns of the Company. SECTION 11. SEVERABILITY: This Ordinance and every provision hereof shall be considered severable, and the invalidity and unconstitutionality of any other portion of this Ordinance shall not affect the validity or constitutionality of any other portion of this Ordinance. If any term or provision of this ordinance is held to be illegal, invalid or unenforceable, the legality, validity or unenforceability of the remaining terms or provisions of this Ordinance shall not be affected thereby. SECTION 12. ACCEPTANCE OF FRANCHISE: In order to accept this Franchise, the Company must file with the City Secretary its written acceptance of this Franchise within sixty (60) days after its final passage and approval by City. If such written acceptance of this Franchise is not filed by the Company, the franchise ordinance shall be rendered null and void. SECTION 13. REPEAL: When this Franchise becomes effective, all previous ordinances of City granting franchises for gas delivery purposes that were held by the Company shall be automatically canceled and annulled, and shall be of no further force and effect. SECTION 14. PARAGRAPH HEADINGS. CONSTRUCTION: The paragraph headings contained in this Ordinance are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the preparation of this Ordinance and this Ordinance shall not be construed either more or less strongly against or for either party. SECTION 15. NOTICES: Any notices required to be sent to the parties under this Franchise shall be sent to the following: CITY COMPANY City Manager Public Affairs Manager P.O. Box 9960 297 N. Earl Rudder Freeway College Station, Texas 77842 Bryan, Texas 77802 O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 16 SECTION 16. EFFECTIVE DATE: If the Company accepts this Ordinance, it becomes effective after sixty (60) days following its second and final passage by the City Council pursuant to Section 105 of the College Station City Charter. PRESENTED AND GIVEN first reading on the 13th day of March, 2014, at a regular meeting of the City Council of the City of College Station, Texas; and given a second reading and PASSED AND APPROVED on this the 27th day of March, 2014. ATTEST: ______________________________ ___________________________________ City Secretary Nancy Berry, Mayor City of College Station, Texas O:\2 CONTRACTS\Franchises\Atmos\Atmos Franchise Final 2 27 14.docx College Station Gas Franchise – Page 17 STATE OF TEXAS § COUNTY OF BRAZOS § CITY OF COLLEGE STATION § I, SHERRY MASHBURN, City Secretary of the City of College Station, Brazos County, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the City Council of the City of COLLEGE STATION, Texas, at a regular session, held on the 27th day of March, 2014, as it appears of record in the Minutes in Book _____________, page _______. WITNESS MY HAND AND SEAL OF SAID CITY, this the ___ day of _________________, 2014. ________________________________ City Secretary City of College Station, Texas 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-312 Name:Annual Price Agreement for Various Electrical Items Status:Type:Bid Award Consent Agenda File created:In control:3/7/2014 City Council Regular On agenda:Final action:3/27/2014 Title:Presentation, possible action and discussion on a bid award for the annual price agreement for various electrical items and electric meters to be stored in inventory as follows: Hill Country Electric, $66,685.00; Stuart C. Irby, $14,887.85; Wesco, $10,852.50; Texas Electric Cooperatives, $8,707.50; Trayer, $159,632.00; Beckwith Electric, $109,410.00; Techline, $508,658.25; KBS Electric Distributors, $46,710.00; Priester-Mell & Nicholson, $148,787.68. Total estimated annual expenditure is $1,074,330.78. Sponsors: Indexes: Code sections: Attachments:Tabulation 14-038 3-3.pdf Action ByDate Action ResultVer. Presentation,possible action and discussion on a bid award for the annual price agreement for various electrical items and electric meters to be stored in inventory as follows:Hill Country Electric,$66,685.00; Stuart C.Irby,$14,887.85;Wesco,$10,852.50;Texas Electric Cooperatives,$8,707.50;Trayer,$159,632.00; Beckwith Electric,$109,410.00;Techline,$508,658.25;KBS Electric Distributors,$46,710.00;Priester-Mell & Nicholson, $148,787.68. Total estimated annual expenditure is $1,074,330.78. Relationship to Strategic Goals: 1. Financially Sustainable City 2. Core Services and Infrastructure Recommendation(s):Staff recommends awards to the lowest responsible bidder meeting specifications for annual estimated expenditures totaling $1,074,330.78. I. Hill Country Electric $66,685.00 II. Stuart C. Irby $14,887.85 III. Wesco $10,852.50 IV. Texas Electric Cooperatives $8,707.50 V. Trayer $159,632.00 VI. Beckwith Electric $109,410.00 VII. Techline $508,658.25 VIII. KBS Electric Distributors $46,710.00 IX. Priester-Mell & Nicholson $148,787.68 Summary:These purchases will be made as needed during the term of the agreement.The various electrical items and electric meters are maintained in Electrical Inventory in an inventory account and expensed as necessary during the agreement period.The purchasing agreement period shall be for one (1)year with the option to renew for two additional two (2) years. Budget &Financial Summary:Twelve (12)sealed,competitive bids were received and opened on February College Station, TX Printed on 3/21/2014Page 1 of 2 powered by Legistar™ File #:14-312,Version:1 Budget &Financial Summary:Twelve (12)sealed,competitive bids were received and opened on February 13,2014.Funds are budgeted and available in the Electrical Fund.Various projects may be expensed as supplies are pulled from inventory and issued. Reviewed and Approved by Legal: Yes Attachments: Bid Tabulation #14-038 College Station, TX Printed on 3/21/2014Page 2 of 2 powered by Legistar™ City of College Station Annual Price Agreement for Various Electrical Items ITB #14-038 Opened February 13, 2014 @ 2:00 PM Bid total was corrected using the unit price Recommended Award Low Bid not acceptable or did not meet specifications Exceptions as listed below Unit Total Unit Total Unit Total Manufacturer Price Price Delivery Manufacturer Price Price Delivery Manufacturer Price Price Delivery Group "A" Materials 15kV Underground Cable Accessories Item No.Est. Qty Description Inv No. A-1 40 ea Deadbreak T-OPII Connector 285-022-00036 $0.00 $0.00 $0.00 A-2 75 ea Protective Cap 285-095-00004 $0.00 $0.00 $0.00 A-3 300 ea Loadbreak Elbow 285-082-00001 $0.00 $0.00 $0.00 A-4 350 ea Loadbreak Bushing Insert 285-095-00006 $0.00 $0.00 $0.00 A-5 15 ea Rotatable Two-Way Bushing Insert 285-095-00007 $0.00 $0.00 $0.00 A-6 200 ea Elbow Cable Seal 285-082-00019 $0.00 $0.00 $0.00 A-7 75 ea Elbow Arrester 285-082-00005 $0.00 $0.00 $0.00 A-8 30 ea Parking Stand Arrester 285-082-00022 $0.00 $0.00 $0.00 A-9 50 ea Cable Terminator Cold Shrink Type 285-082-00010 $0.00 3M $88.42 $4,421.00 4 wks $0.00 A-10 100 ea Cable Terminator 285-082-00003 $0.00 $0.00 $0.00 A-11 250 ea Disconnectable Secondary Transformer Connector 285-008-00007 $0.00 $0.00 $0.00 A-12 100 ea Disconnectable Secondary Transformer Connector 285-008-00008 $0.00 $0.00 $0.00 A-13 250 ea Gelport Insulated Secondary Connector 285-008-00012 $0.00 $0.00 $0.00 A-14 40 ea Inline Splice 285-076-00002 $0.00 $0.00 $0.00 A-15 30 ea Inline Splice 285-076-00007 $0.00 $0.00 $0.00 A-16 50 ea Splice Re-jacketing Kit, cold shrink type 285-076-00005 $0.00 $0.00 $0.00 A-17 50 ea Underground Faulted Circuit Indicator 285-111-00002 $0.00 $0.00 $0.00 Group A Recommended Award Total $0.00 $0.00 $0.00 Group "B" Materials - Pad-mount Enclosure Junction Boxes & Pull Boxes B-1 15 ea Pull Box, 36x60x48 285-045-00007 Quazite $2,676.50 $40,147.50 5 wks $0.00 $0.00 B-2 20 ea Pull Box , 48x96x48 285-045-00008 Quazite $5,900.00 $118,000.00 5 wks $0.00 $0.00 B-3 12 ea Pull Box Extension 24" for 48x96x48 285-045-00012 Quazite $1,990.00 $23,880.00 5 wks Hubbell $1,121.91 $13,462.92 stk $0.00 B-4 80 ea Secondary Pedestal 285-045-00009 Quazite $141.80 $11,344.00 5 wks $0.00 $0.00 B-5 5 ea Torsion Assist Lids 285-045-00013 $0.00 $0.00 $0.00 Group B Recommended Award Total $0.00 $0.00 $0.00 Group "C" Materials - 15 kV Pad-mounted Switchgear C-1 2 ea Pad-Mounted Switchgear Front/Back Access 285-109-00003 $0.00 $0.00 $0.00 C-1 Alt 2 ea Pad-Mounted Switchgear Front/Back Access $0.00 $0.00 $0.00 C-2 1 ea Pad-Mounted Switchgear Front/Back Access 285-109-00004 $0.00 $0.00 $0.00 C-2 Alt 1 ea Installation of Voltage Sensing Bushing & Panel $0.00 $0.00 $0.00 C-3 1 ea Pad-Mounted Switchgear Front/Back Access 285-109-00005 $0.00 $0.00 $0.00 C-3 Alt 1 ea Pad-Mounted Switchgear Front/Back Access $0.00 $0.00 $0.00 C-4 1 ea Pad-Mounted Switchgear Front/Back Access 285-109-_____$0.00 $0.00 $0.00 C-4 Alt 1 ea Installation of Voltage Sensing Bushing & Panel $0.00 $0.00 $0.00 Group C Recommended Award Total $0.00 $0.00 $0.00 Group C Alt Recommended Award Total $0.00 $0.00 $0.00 Group "C-5 to C-8" Materials - 15 kV Pad-mounted Switchgear C-5 2 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-00008 $0.00 $0.00 $0.00 C-6 2 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-00009 $0.00 $0.00 $0.00 C-7 2 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-00010 $0.00 $0.00 $0.00 C-8 1 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-_____$0.00 $0.00 $0.00 Group C5-C8 Recommended Award Total $0.00 $0.00 $0.00 HD SupplyElliot Electric Supply Hill Country Electric 1 City of College Station Annual Price Agreement for Various Electrical Items ITB #14-038 Opened February 13, 2014 @ 2:00 PM Bid total was corrected using the unit price Recommended Award Low Bid not acceptable or did not meet specifications Exceptions as listed below Unit Total Unit Total Unit Total Manufacturer Price Price Delivery Manufacturer Price Price Delivery Manufacturer Price Price Delivery Group D - Lamps & Light Fixtures D-1 100 ea Light Fixture, 100 watt 285-056-00011 Holophane $101.85 $10,185.00 5-6 wks $0.00 $0.00 D-2 100 ea Light Fixture, 200 watt 285-056-00006 Holophane $107.75 $10,775.00 5-6 wks $0.00 $0.00 D-4 100 ea Light Fixture, 400 watt 285-056-00007 Holophane $171.70 $17,170.00 5-6 wks $0.00 $0.00 D-4 40 ea Decorative Light Fixture, 100 w 285-056-00008 Hadco $985.00 $39,400.00 6-8 wks $0.00 Hadco $908.15 $36,326.00 10-12 wks D-5 20 ea Decorative Light Fixture, LED 285-056-00016 Hadco $1,640.00 $32,800.00 6-8 wks $0.00 Hadco $1,517.95 $30,359.00 10-12 wks Group D Recommended Award Total $0.00 $0.00 $66,685.00 Group E - Crossarm Braces E-1 60 ea HD Dead End 8'285-047-00088 $0.00 $0.00 $0.00 E-2 150 ea Standard Duty Crossarm 8'285-047-00093 $0.00 $0.00 $0.00 E-3 100 ea Standard Duty Crossarm 10'285-047-00094 $0.00 $0.00 $0.00 E-4 20 ea HD Deadend 10'285-047-00099 $0.00 $0.00 $0.00 Group E Recommended Award Total $0.00 $0.00 $0.00 Group F - Meter Sockets F-1 60 ea Meter Socket, Overhead, 200 amp 285-063-00003 Eaton $34.65 $2,079.00 1 wk $0.00 $0.00 F-2 400 ea Meter Socket, Underground, 200 amp 285-063-00004 Eaton $41.15 $16,460.00 1 wk $0.00 $0.00 F-3 25 ea Meter Socket, URD or O/H, 320 amp 285-063-00006 Eaton $184.00 $4,600.00 2-3 wks $0.00 $0.00 F-4 25 ea Meter Socket, Underground, 200 amp 285-063-00008 Eaton $142.30 $3,557.50 1 wk $0.00 $0.00 F-5 25 ea Meter Socket Bases, 13 Terminal 285-063-00011 Eaton $125.60 $3,140.00 1 wk $0.00 $0.00 F-6 10 ea Meter Socket, Duplex Type 285-063-00013 Eaton $125.60 $1,256.00 1 wk $0.00 $0.00 Group F Recommended Award Total $0.00 $0.00 $0.00 Group G - Miscellaneous Materials G-1 216 ea Pole Setting Foam 285-065-00019 $0.00 $0.00 $0.00 G-2 100 ea S&C Wildlife Guards 285-102-00003 $0.00 $0.00 $0.00 G-3 12 ea 600/1200 amp Air Switch with S-2 Option 285-077-00004 $0.00 S&C $181.05 $2,172.60 4-5 wks $0.00 G-4 30 ea Digital Capacitor Control Assembly 285-011-00006 $0.00 $0.00 $0.00 Group G Recommended Award Total $0.00 $0.00 $0.00 Group H - Meters H-1 1000 ea Electric Meter, Class 200 no Demand 285-061-00064 $0.00 GE $27.25 $27,250.00 5 eng/ 6 $0.00 H-2 100 ea Electric Meter, Class 200 w Demand 285-061-00058 $0.00 $0.00 $0.00 H-3 20 ea Electric Meter, Class 20 w Demand 285-061-00008 $0.00 GE $76.66 $1,533.20 5 eng/ 6 $0.00 H-4 40 ea Electric Meter, Class 320 w Demand 285-061-00005 $0.00 GE $76.66 $3,066.40 5 eng/ 6 $0.00 H-5 40 ea Electric Meter, Class 20 w Demand 285-061-00050 $0.00 GE $154.50 $6,180.00 5 eng/ 6 $0.00 H-6 40 ea Electric Meter, Class 200 w Demand 285-061-00052 $0.00 GE $154.50 $6,180.00 5 eng/ 6 $0.00 H-7 12 ea Electric Meter, Class 320 w Demand 285-061-00060 $0.00 GE $191.10 $2,293.20 5 eng/ 6 $0.00 H-8 500 ea Electric Meter, Class 200 w Demand 285-061-00056 $0.00 GE $99.99 $49,995.00 5 eng/ 6 $0.00 Group H Recommended Award Total $0.00 $0.00 $0.00 Certification of Bid Exceptions .5% discount for EFT payment Elliot Electric Supply Y HD Supply Y Y Total Recommended Award Amount $0.00 $0.00 $66,685.00 Hill Country Electric 2 City of College Station Annual Price Agreement for Various Electrical Items ITB #14-038 Opened February 13, 2014 @ 2:00 PM Bid total was corrected using the unit price Recommended Award Low Bid not acceptable or did not meet specifications Exceptions as listed below Group "A" Materials 15kV Underground Cable Accessories Item No.Est. Qty Description Inv No. A-1 40 ea Deadbreak T-OPII Connector 285-022-00036 A-2 75 ea Protective Cap 285-095-00004 A-3 300 ea Loadbreak Elbow 285-082-00001 A-4 350 ea Loadbreak Bushing Insert 285-095-00006 A-5 15 ea Rotatable Two-Way Bushing Insert 285-095-00007 A-6 200 ea Elbow Cable Seal 285-082-00019 A-7 75 ea Elbow Arrester 285-082-00005 A-8 30 ea Parking Stand Arrester 285-082-00022 A-9 50 ea Cable Terminator Cold Shrink Type 285-082-00010 A-10 100 ea Cable Terminator 285-082-00003 A-11 250 ea Disconnectable Secondary Transformer Connector 285-008-00007 A-12 100 ea Disconnectable Secondary Transformer Connector 285-008-00008 A-13 250 ea Gelport Insulated Secondary Connector 285-008-00012 A-14 40 ea Inline Splice 285-076-00002 A-15 30 ea Inline Splice 285-076-00007 A-16 50 ea Splice Re-jacketing Kit, cold shrink type 285-076-00005 A-17 50 ea Underground Faulted Circuit Indicator 285-111-00002 Group A Recommended Award Total Group "B" Materials - Pad-mount Enclosure Junction Boxes & Pull Boxes B-1 15 ea Pull Box, 36x60x48 285-045-00007 B-2 20 ea Pull Box , 48x96x48 285-045-00008 B-3 12 ea Pull Box Extension 24" for 48x96x48 285-045-00012 B-4 80 ea Secondary Pedestal 285-045-00009 B-5 5 ea Torsion Assist Lids 285-045-00013 Group B Recommended Award Total Group "C" Materials - 15 kV Pad-mounted Switchgear C-1 2 ea Pad-Mounted Switchgear Front/Back Access 285-109-00003 C-1 Alt 2 ea Pad-Mounted Switchgear Front/Back Access C-2 1 ea Pad-Mounted Switchgear Front/Back Access 285-109-00004 C-2 Alt 1 ea Installation of Voltage Sensing Bushing & Panel C-3 1 ea Pad-Mounted Switchgear Front/Back Access 285-109-00005 C-3 Alt 1 ea Pad-Mounted Switchgear Front/Back Access C-4 1 ea Pad-Mounted Switchgear Front/Back Access 285-109-_____ C-4 Alt 1 ea Installation of Voltage Sensing Bushing & Panel Group C Recommended Award Total Group C Alt Recommended Award Total Group "C-5 to C-8" Materials - 15 kV Pad-mounted Switchgear C-5 2 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-00008 C-6 2 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-00009 C-7 2 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-00010 C-8 1 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-_____ Group C5-C8 Recommended Award Total Unit Total Unit Total Unit Total Manufacturer Price Price Delivery Manufacturer Price Price Delivery Manufacturer Price Price Delivery Cooper $245.84 $9,833.60 6-8 wks Richards $155.91 $6,236.40 2-4 wks $0.00 Cooper $19.15 $1,436.25 6-8 wks Hubbell $21.00 $1,575.00 5 wks $0.00 Cooper $28.34 $8,502.00 4-6 wks Richards $22.50 $6,750.00 1-2 wks $0.00 Cooper $19.55 $6,842.50 2-4 wks Hubbell $24.00 $8,400.00 6 wks $0.00 Cooper $108.95 $1,634.25 4-6 wks Hubbell $139.00 $2,085.00 6 wks $0.00 Elastimold $7.84 $1,568.00 2-4 wks Richards $15.05 $3,010.00 2-4 wks $0.00 Cooper $58.47 $4,385.25 2-4 wks $0.00 $0.00 Cooper $141.92 $4,257.60 4-6 wks Hubbell $131.00 $3,930.00 6 wks $0.00 3M $108.40 $5,420.00 2-4 wks 3M $114.00 $5,700.00 1-2 wks $0.00 Elastimold $42.17 $4,217.00 12-14 wks $0.00 $0.00 CMC $9.79 $2,447.50 4-6 wks Utilil $13.15 $3,287.50 3 wks $0.00 $0.00 $0.00 $0.00 Tyco $38.75 $9,687.50 2-4 wks Tyco $27.69 $6,922.50 4 wks $0.00 3M $24.29 $971.60 2-4 wks 3M $25.04 $1,001.60 1-2 wks $0.00 3M $522.92 $15,687.60 2-4 wks 3M $543.00 $16,290.00 2-3 wks $0.00 3M $47.02 $2,351.00 2-4 wks 3M $48.32 $2,416.00 1-2 wks $0.00 $0.00 $0.00 $0.00 $12,281.10 $10,852.50 $0.00 Quazite $999.25 $14,988.75 3-5 wks $0.00 Quazite $980.00 $14,700.00 3 wks Quazite $2,664.44 $53,288.80 3-5 wks $0.00 Quazite $2,621.50 $52,430.00 3 wks Quazite $1,166.22 $13,994.64 3-5 wks $0.00 Hubbell/Quazite $1,121.92 $13,463.04 3 wks Quazite $91.48 $7,318.40 3-5 wks $0.00 Quazite $88.17 $7,053.60 3 wks Quazite $5,271.00 $26,355.00 3-5 wks $0.00 Hubbell/Quazite $5,072.65 $25,363.25 3 wks $0.00 $0.00 $0.00 G&W $32,631.75 $65,263.50 16-18 wks $0.00 $0.00 $37,673.75 $75,347.50 $0.00 $0.00 G&W $28,263.15 $28,263.15 16-18 wks $0.00 $0.00 $33,305.30 $33,305.30 $0.00 $0.00 G&W $32,978.95 $32,978.95 16-18 wks $0.00 $0.00 $38,021.10 $38,021.10 $0.00 $0.00 G&W $42,408.50 $42,408.50 16-18 wks $0.00 $0.00 $49,505.50 $49,505.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 G&W $46,637.97 $93,275.94 12-14 wks $0.00 $0.00 G&W $44,039.15 $88,078.30 12-14 wks $0.00 $0.00 G&W $46,637.97 $93,275.94 12-14 wks $0.00 $0.00 G&W $73,954.80 $73,954.80 14-16 wks $0.00 $0.00 $0.00 $0.00 $0.00 Wesco (2)Stuart C. Irby Wesco (1) 3 City of College Station Annual Price Agreement for Various Electrical Items ITB #14-038 Opened February 13, 2014 @ 2:00 PM Bid total was corrected using the unit price Recommended Award Low Bid not acceptable or did not meet specifications Exceptions as listed below Group D - Lamps & Light Fixtures D-1 100 ea Light Fixture, 100 watt 285-056-00011 D-2 100 ea Light Fixture, 200 watt 285-056-00006 D-4 100 ea Light Fixture, 400 watt 285-056-00007 D-4 40 ea Decorative Light Fixture, 100 w 285-056-00008 D-5 20 ea Decorative Light Fixture, LED 285-056-00016 Group D Recommended Award Total Group E - Crossarm Braces E-1 60 ea HD Dead End 8'285-047-00088 E-2 150 ea Standard Duty Crossarm 8'285-047-00093 E-3 100 ea Standard Duty Crossarm 10'285-047-00094 E-4 20 ea HD Deadend 10'285-047-00099 Group E Recommended Award Total Group F - Meter Sockets F-1 60 ea Meter Socket, Overhead, 200 amp 285-063-00003 F-2 400 ea Meter Socket, Underground, 200 amp 285-063-00004 F-3 25 ea Meter Socket, URD or O/H, 320 amp 285-063-00006 F-4 25 ea Meter Socket, Underground, 200 amp 285-063-00008 F-5 25 ea Meter Socket Bases, 13 Terminal 285-063-00011 F-6 10 ea Meter Socket, Duplex Type 285-063-00013 Group F Recommended Award Total Group G - Miscellaneous Materials G-1 216 ea Pole Setting Foam 285-065-00019 G-2 100 ea S&C Wildlife Guards 285-102-00003 G-3 12 ea 600/1200 amp Air Switch with S-2 Option 285-077-00004 G-4 30 ea Digital Capacitor Control Assembly 285-011-00006 Group G Recommended Award Total Group H - Meters H-1 1000 ea Electric Meter, Class 200 no Demand 285-061-00064 H-2 100 ea Electric Meter, Class 200 w Demand 285-061-00058 H-3 20 ea Electric Meter, Class 20 w Demand 285-061-00008 H-4 40 ea Electric Meter, Class 320 w Demand 285-061-00005 H-5 40 ea Electric Meter, Class 20 w Demand 285-061-00050 H-6 40 ea Electric Meter, Class 200 w Demand 285-061-00052 H-7 12 ea Electric Meter, Class 320 w Demand 285-061-00060 H-8 500 ea Electric Meter, Class 200 w Demand 285-061-00056 Group H Recommended Award Total Certification of Bid Exceptions Total Recommended Award Amount Unit Total Unit Total Unit Total Manufacturer Price Price Delivery Manufacturer Price Price Delivery Manufacturer Price Price Delivery Cooper $90.10 $9,010.00 4-6 wks Cooper $86.53 $8,653.00 4-6 wks $0.00 Cooper $104.39 $10,439.00 4-6 wks Cooper $99.66 $9,966.00 6-8 wks $0.00 Cooper $141.75 $14,175.00 4-6 wks Cooper $135.18 $13,518.00 6-8 wks $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Aluma-Form $193.95 $11,637.00 3-5 wks Alum Form $185.00 $11,100.00 3-4 wks $0.00 Aluma-Form $101.66 $15,249.00 3-5 wks Alum Form $98.00 $14,700.00 3-4 wks $0.00 Aluma-Form $125.97 $12,597.00 3-5 wks Alum Form $120.00 $12,000.00 3-4 wks $0.00 Aluma-Form $237.10 $4,742.00 3-5 wks Alum Form $209.00 $4,180.00 3-4 wks $0.00 $0.00 $0.00 $0.00 Milbank $35.95 $2,157.00 2-4 wks Durham $34.00 $2,040.00 6-8 wks $0.00 Milbank $40.37 $16,148.00 2-4 wks Durham $48.00 $19,200.00 6-8 wks $0.00 Milbank $186.66 $4,666.50 2-4 wks Durham $168.00 $4,200.00 6-8 wks $0.00 Milbank $104.27 $2,606.75 2-4 wks Durham $115.00 $2,875.00 6-8 wks $0.00 Milbank $222.42 $5,560.50 2-4 wks Durham $161.00 $4,025.00 6-8 wks $0.00 Milbank $204.88 $2,048.80 2-4 wks Durham $125.00 $1,250.00 6-8 wks $0.00 $2,606.75 $0.00 $0.00 Utility Structural $79.95 $17,269.20 2-3 wks Poly-Set $75.79 $16,370.64 1-2 wks $0.00 S&C $239.00 $23,900.00 10-12 wks $0.00 $0.00 Cooper $4,650.00 $55,800.00 10-12 wks $0.00 $0.00 Beckwith $4,144.70 $124,341.00 4-6 wks $0.00 $0.00 $0.00 $0.00 $0.00 Elster $128.00 $128,000.00 6-8 wks $0.00 Elster $116.00 $11,600.00 6-8 wks $0.00 Elster $123.00 $2,460.00 6-8 wks $0.00 Elster $123.00 $4,920.00 6-8 wks $0.00 Elster $169.00 $6,760.00 6-8 wks $0.00 Elster $169.00 $6,760.00 6-8 wks $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Wesco (2) $0.00$10,852.50 Stuart C. Irby Y $14,887.85 Wesco (1) Y Vendor withdrew their bid for Section H 4 City of College Station Annual Price Agreement for Various Electrical Items ITB #14-038 Opened February 13, 2014 @ 2:00 PM Bid total was corrected using the unit price Recommended Award Low Bid not acceptable or did not meet specifications Exceptions as listed below Group "A" Materials 15kV Underground Cable Accessories Item No.Est. Qty Description Inv No. A-1 40 ea Deadbreak T-OPII Connector 285-022-00036 A-2 75 ea Protective Cap 285-095-00004 A-3 300 ea Loadbreak Elbow 285-082-00001 A-4 350 ea Loadbreak Bushing Insert 285-095-00006 A-5 15 ea Rotatable Two-Way Bushing Insert 285-095-00007 A-6 200 ea Elbow Cable Seal 285-082-00019 A-7 75 ea Elbow Arrester 285-082-00005 A-8 30 ea Parking Stand Arrester 285-082-00022 A-9 50 ea Cable Terminator Cold Shrink Type 285-082-00010 A-10 100 ea Cable Terminator 285-082-00003 A-11 250 ea Disconnectable Secondary Transformer Connector 285-008-00007 A-12 100 ea Disconnectable Secondary Transformer Connector 285-008-00008 A-13 250 ea Gelport Insulated Secondary Connector 285-008-00012 A-14 40 ea Inline Splice 285-076-00002 A-15 30 ea Inline Splice 285-076-00007 A-16 50 ea Splice Re-jacketing Kit, cold shrink type 285-076-00005 A-17 50 ea Underground Faulted Circuit Indicator 285-111-00002 Group A Recommended Award Total Group "B" Materials - Pad-mount Enclosure Junction Boxes & Pull Boxes B-1 15 ea Pull Box, 36x60x48 285-045-00007 B-2 20 ea Pull Box , 48x96x48 285-045-00008 B-3 12 ea Pull Box Extension 24" for 48x96x48 285-045-00012 B-4 80 ea Secondary Pedestal 285-045-00009 B-5 5 ea Torsion Assist Lids 285-045-00013 Group B Recommended Award Total Group "C" Materials - 15 kV Pad-mounted Switchgear C-1 2 ea Pad-Mounted Switchgear Front/Back Access 285-109-00003 C-1 Alt 2 ea Pad-Mounted Switchgear Front/Back Access C-2 1 ea Pad-Mounted Switchgear Front/Back Access 285-109-00004 C-2 Alt 1 ea Installation of Voltage Sensing Bushing & Panel C-3 1 ea Pad-Mounted Switchgear Front/Back Access 285-109-00005 C-3 Alt 1 ea Pad-Mounted Switchgear Front/Back Access C-4 1 ea Pad-Mounted Switchgear Front/Back Access 285-109-_____ C-4 Alt 1 ea Installation of Voltage Sensing Bushing & Panel Group C Recommended Award Total Group C Alt Recommended Award Total Group "C-5 to C-8" Materials - 15 kV Pad-mounted Switchgear C-5 2 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-00008 C-6 2 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-00009 C-7 2 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-00010 C-8 1 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-_____ Group C5-C8 Recommended Award Total Unit Total Unit Total Unit Total Manufacturer Price Price Delivery Manufacturer Price Price Delivery Manufacturer Price Price Delivery $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3M $116.00 $5,800.00 4 wks $0.00 $0.00 $0.00 $0.00 $0.00 CMC $9.85 $2,462.50 5 wks $0.00 $0.00 Polaris $17.14 $1,714.00 6 wks $0.00 $0.00 Tyco $35.15 $8,787.50 4 wks $0.00 $0.00 3M $25.59 $1,023.60 3 wks $0.00 $0.00 3M $554.54 $16,636.20 3 wks $0.00 $0.00 3M $49.38 $2,469.00 3 wks $0.00 $0.00 SEL $137.35 $6,867.50 4-5 wks $0.00 $0.00 $6,867.50 $0.00 $0.00 CDR/Quazite $1,035.00 $15,525.00 4 wks $0.00 $0.00 CDR/Quazite $2,668.00 $53,360.00 4 wks $0.00 $0.00 CDR/Quazite $1,210.00 $14,520.00 4 wks $0.00 $0.00 CDR/Quazite $96.50 $7,720.00 4 wks $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 G&W $32,979.00 $65,958.00 15 wks Trayer $30,791.00 $61,582.00 16 wk del.$0.00 $5,042.00 $10,084.00 $0.00 $0.00 G&W $28,564.00 $28,564.00 15 wks Trayer $26,471.00 $26,471.00 16 wk del.$0.00 $5,042.00 $5,042.00 $0.00 $0.00 G&W $33,329.00 $33,329.00 15 wks Trayer $31,191.00 $31,191.00 16 wk del.$0.00 $5,042.00 $5,042.00 $0.00 $0.00 G&W $42,859.00 $42,859.00 15 wks Trayer $40,388.00 $40,388.00 16 wk del.$0.00 $7,095.00 $7,095.00 $0.00 $0.00 $0.00 $159,632.00 $0.00 $0.00 $0.00 $0.00 G&W $47,134.00 $94,268.00 15 wks $0.00 $0.00 G&W $44,507.00 $89,014.00 15 wks $0.00 $0.00 G&W $47,134.00 $94,268.00 15 wks $0.00 $0.00 G&W $74,740.00 $74,740.00 15 wks $0.00 $0.00 $0.00 $0.00 $0.00 Texas Electric Cooperatives Trayer Beckwith Electric 5 City of College Station Annual Price Agreement for Various Electrical Items ITB #14-038 Opened February 13, 2014 @ 2:00 PM Bid total was corrected using the unit price Recommended Award Low Bid not acceptable or did not meet specifications Exceptions as listed below Group D - Lamps & Light Fixtures D-1 100 ea Light Fixture, 100 watt 285-056-00011 D-2 100 ea Light Fixture, 200 watt 285-056-00006 D-4 100 ea Light Fixture, 400 watt 285-056-00007 D-4 40 ea Decorative Light Fixture, 100 w 285-056-00008 D-5 20 ea Decorative Light Fixture, LED 285-056-00016 Group D Recommended Award Total Group E - Crossarm Braces E-1 60 ea HD Dead End 8'285-047-00088 E-2 150 ea Standard Duty Crossarm 8'285-047-00093 E-3 100 ea Standard Duty Crossarm 10'285-047-00094 E-4 20 ea HD Deadend 10'285-047-00099 Group E Recommended Award Total Group F - Meter Sockets F-1 60 ea Meter Socket, Overhead, 200 amp 285-063-00003 F-2 400 ea Meter Socket, Underground, 200 amp 285-063-00004 F-3 25 ea Meter Socket, URD or O/H, 320 amp 285-063-00006 F-4 25 ea Meter Socket, Underground, 200 amp 285-063-00008 F-5 25 ea Meter Socket Bases, 13 Terminal 285-063-00011 F-6 10 ea Meter Socket, Duplex Type 285-063-00013 Group F Recommended Award Total Group G - Miscellaneous Materials G-1 216 ea Pole Setting Foam 285-065-00019 G-2 100 ea S&C Wildlife Guards 285-102-00003 G-3 12 ea 600/1200 amp Air Switch with S-2 Option 285-077-00004 G-4 30 ea Digital Capacitor Control Assembly 285-011-00006 Group G Recommended Award Total Group H - Meters H-1 1000 ea Electric Meter, Class 200 no Demand 285-061-00064 H-2 100 ea Electric Meter, Class 200 w Demand 285-061-00058 H-3 20 ea Electric Meter, Class 20 w Demand 285-061-00008 H-4 40 ea Electric Meter, Class 320 w Demand 285-061-00005 H-5 40 ea Electric Meter, Class 20 w Demand 285-061-00050 H-6 40 ea Electric Meter, Class 200 w Demand 285-061-00052 H-7 12 ea Electric Meter, Class 320 w Demand 285-061-00060 H-8 500 ea Electric Meter, Class 200 w Demand 285-061-00056 Group H Recommended Award Total Certification of Bid Exceptions Total Recommended Award Amount Unit Total Unit Total Unit Total Manufacturer Price Price Delivery Manufacturer Price Price Delivery Manufacturer Price Price Delivery $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PUPI $198.90 $11,934.00 2 wks $0.00 $0.00 PUPI $86.80 $13,020.00 2 wks $0.00 $0.00 PUPI $100.00 $10,000.00 5-6 wks $0.00 $0.00 PUPI $220.85 $4,417.00 5-6 wks $0.00 $0.00 $0.00 $0.00 $0.00 Milbank $37.20 $2,232.00 2 wks $0.00 $0.00 Milbank $42.20 $16,880.00 4 wks $0.00 $0.00 Durham $179.90 $4,497.50 8-9 wks $0.00 $0.00 Milbank $109.20 $2,730.00 3 wks $0.00 $0.00 $0.00 $0.00 $0.00 Milbank $184.00 $1,840.00 3 wks $0.00 $0.00 $1,840.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Inertia $4,229.00 $50,748.00 10 wks $0.00 $0.00 Beckwith $3,964.00 $118,920.00 4-6 wks $0.00 Beckwith $3,647.00 $109,410.00 4-6 wks $0.00 $0.00 $109,410.00 L+G $28.15 $28,150.00 20 wks $0.00 $0.00 L+G $160.00 $16,000.00 20 wks $0.00 $0.00 L+G $88.70 $1,774.00 25 wks $0.00 $0.00 L+G $88.70 $3,548.00 16 wks $0.00 $0.00 L+G $141.45 $5,658.00 16 wks $0.00 $0.00 L+G $141.45 $5,658.00 16 wks $0.00 $0.00 L+G $158.00 $1,896.00 24 wks $0.00 $0.00 L+G $141.45 $70,725.00 24 wks $0.00 $0.00 $0.00 $0.00 $0.00 $8,707.50 Texas Electric Cooperatives Y YY Trayer Beckwith Electric $159,632.00 $109,410.00 A-11: Std qty 12 A-13: Std qty 12 6 City of College Station Annual Price Agreement for Various Electrical Items ITB #14-038 Opened February 13, 2014 @ 2:00 PM Bid total was corrected using the unit price Recommended Award Low Bid not acceptable or did not meet specifications Exceptions as listed below Group "A" Materials 15kV Underground Cable Accessories Item No.Est. Qty Description Inv No. A-1 40 ea Deadbreak T-OPII Connector 285-022-00036 A-2 75 ea Protective Cap 285-095-00004 A-3 300 ea Loadbreak Elbow 285-082-00001 A-4 350 ea Loadbreak Bushing Insert 285-095-00006 A-5 15 ea Rotatable Two-Way Bushing Insert 285-095-00007 A-6 200 ea Elbow Cable Seal 285-082-00019 A-7 75 ea Elbow Arrester 285-082-00005 A-8 30 ea Parking Stand Arrester 285-082-00022 A-9 50 ea Cable Terminator Cold Shrink Type 285-082-00010 A-10 100 ea Cable Terminator 285-082-00003 A-11 250 ea Disconnectable Secondary Transformer Connector 285-008-00007 A-12 100 ea Disconnectable Secondary Transformer Connector 285-008-00008 A-13 250 ea Gelport Insulated Secondary Connector 285-008-00012 A-14 40 ea Inline Splice 285-076-00002 A-15 30 ea Inline Splice 285-076-00007 A-16 50 ea Splice Re-jacketing Kit, cold shrink type 285-076-00005 A-17 50 ea Underground Faulted Circuit Indicator 285-111-00002 Group A Recommended Award Total Group "B" Materials - Pad-mount Enclosure Junction Boxes & Pull Boxes B-1 15 ea Pull Box, 36x60x48 285-045-00007 B-2 20 ea Pull Box , 48x96x48 285-045-00008 B-3 12 ea Pull Box Extension 24" for 48x96x48 285-045-00012 B-4 80 ea Secondary Pedestal 285-045-00009 B-5 5 ea Torsion Assist Lids 285-045-00013 Group B Recommended Award Total Group "C" Materials - 15 kV Pad-mounted Switchgear C-1 2 ea Pad-Mounted Switchgear Front/Back Access 285-109-00003 C-1 Alt 2 ea Pad-Mounted Switchgear Front/Back Access C-2 1 ea Pad-Mounted Switchgear Front/Back Access 285-109-00004 C-2 Alt 1 ea Installation of Voltage Sensing Bushing & Panel C-3 1 ea Pad-Mounted Switchgear Front/Back Access 285-109-00005 C-3 Alt 1 ea Pad-Mounted Switchgear Front/Back Access C-4 1 ea Pad-Mounted Switchgear Front/Back Access 285-109-_____ C-4 Alt 1 ea Installation of Voltage Sensing Bushing & Panel Group C Recommended Award Total Group C Alt Recommended Award Total Group "C-5 to C-8" Materials - 15 kV Pad-mounted Switchgear C-5 2 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-00008 C-6 2 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-00009 C-7 2 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-00010 C-8 1 ea Pad-Mounted Solid Dielectric/EPDM Rubber Insulated Switchgear 285-109-_____ Group C5-C8 Recommended Award Total Unit Total Unit Total Unit Total Manufacturer Price Price Delivery Manufacturer Price Price Delivery Manufacturer Price Price Delivery $0.00 Cooper $255.00 $10,200.00 4-6 wks $0.00 Elastimold $18.75 $1,406.25 2-4 wks Cooper $18.79 $1,409.25 4-6 wks $0.00 Elastimold $28.90 $8,670.00 2-4 wks Cooper $28.10 $8,430.00 4-6 wks $0.00 Elastimold $19.20 $6,720.00 2-4 wks Cooper $19.25 $6,737.50 4-6 wks $0.00 Elastimold $132.00 $1,980.00 4-6 wks Cooper $105.00 $1,575.00 4-6 wks $0.00 3M or Elastimold $7.20 $1,440.00 2 wks CANUSA $7.49 $1,498.00 4-6 wks $0.00 Elastimold $58.20 $4,365.00 2-4 wks Cooper $59.00 $4,425.00 4-6 wks $0.00 Elastimold $139.00 $4,170.00 2-4 wks Cooper $140.50 $4,215.00 4-6 wks $0.00 3M $88.00 $4,400.00 1-2 wks 3M $111.10 $5,555.00 2 wks $0.00 Elastimold $39.00 $3,900.00 8-10 wks $0.00 $0.00 Homac $12.50 $3,125.00 2 wks Polaris $9.95 $2,487.50 2-4 wks $0.00 Homac $16.60 $1,660.00 2-4 wks Polaris $16.55 $1,655.00 2-4 wks $0.00 Tyco $41.75 $10,437.50 2-3 wks Tyco $36.79 $9,197.50 4 wks $0.00 3M $22.80 $912.00 2 wks 3M $25.32 $1,012.80 2 wks $0.00 3M $493.00 $14,790.00 2-3 wks 3M $529.00 $15,870.00 2 wks $0.00 3M $44.10 $2,205.00 2 wks 3M $47.31 $2,365.50 2 wks $0.00 SEL $138.00 $6,900.00 3-4 wks $0.00 $0.00 $40,138.25 $11,660.00 $0.00 Armorcast $930.00 $13,950.00 2-3 wks CDR $965.00 $14,475.00 4 wks $0.00 Armorcast $2,450.00 $49,000.00 2-3 wks CDR $2,672.00 $53,440.00 4 wks $0.00 Armorcast $1,055.00 $12,660.00 2-3 wks CDR $1,110.00 $13,320.00 4 wks $0.00 Quazite $85.00 $6,800.00 3-4 wks CDR $89.00 $7,120.00 4 wks $0.00 Armorcast $4,750.00 $23,750.00 2-3 wks CDR $4,965.00 $24,825.00 4 wks $0.00 $106,160.00 $0.00 $0.00 G&W $31,670.00 $63,340.00 16-18 wks $0.00 $0.00 $36,560.00 $73,120.00 $0.00 $0.00 G&W $27,450.00 $27,450.00 16-18 wks $0.00 $0.00 $32,320.00 $32,320.00 $0.00 $0.00 G&W $32,000.00 $32,000.00 16-18 wks $0.00 $0.00 $36,900.00 $36,900.00 $0.00 $0.00 G&W $41,200.00 $41,200.00 16-18 wks $0.00 $0.00 $48,100.00 $48,100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Elastimold $32,500.00 $65,000.00 14-16 wks $0.00 $0.00 Elastimold $29,450.00 $58,900.00 14-16 wks $0.00 $0.00 Elastimold $32,500.00 $65,000.00 14-16 wks $0.00 $0.00 Elastimold $60,000.00 $60,000.00 14-16 wks $0.00 $0.00 $248,900.00 $0.00 $0.00 Priester-Mell & NicholsonTechlineKBS Electrical Distributors 7 City of College Station Annual Price Agreement for Various Electrical Items ITB #14-038 Opened February 13, 2014 @ 2:00 PM Bid total was corrected using the unit price Recommended Award Low Bid not acceptable or did not meet specifications Exceptions as listed below Group D - Lamps & Light Fixtures D-1 100 ea Light Fixture, 100 watt 285-056-00011 D-2 100 ea Light Fixture, 200 watt 285-056-00006 D-4 100 ea Light Fixture, 400 watt 285-056-00007 D-4 40 ea Decorative Light Fixture, 100 w 285-056-00008 D-5 20 ea Decorative Light Fixture, LED 285-056-00016 Group D Recommended Award Total Group E - Crossarm Braces E-1 60 ea HD Dead End 8'285-047-00088 E-2 150 ea Standard Duty Crossarm 8'285-047-00093 E-3 100 ea Standard Duty Crossarm 10'285-047-00094 E-4 20 ea HD Deadend 10'285-047-00099 Group E Recommended Award Total Group F - Meter Sockets F-1 60 ea Meter Socket, Overhead, 200 amp 285-063-00003 F-2 400 ea Meter Socket, Underground, 200 amp 285-063-00004 F-3 25 ea Meter Socket, URD or O/H, 320 amp 285-063-00006 F-4 25 ea Meter Socket, Underground, 200 amp 285-063-00008 F-5 25 ea Meter Socket Bases, 13 Terminal 285-063-00011 F-6 10 ea Meter Socket, Duplex Type 285-063-00013 Group F Recommended Award Total Group G - Miscellaneous Materials G-1 216 ea Pole Setting Foam 285-065-00019 G-2 100 ea S&C Wildlife Guards 285-102-00003 G-3 12 ea 600/1200 amp Air Switch with S-2 Option 285-077-00004 G-4 30 ea Digital Capacitor Control Assembly 285-011-00006 Group G Recommended Award Total Group H - Meters H-1 1000 ea Electric Meter, Class 200 no Demand 285-061-00064 H-2 100 ea Electric Meter, Class 200 w Demand 285-061-00058 H-3 20 ea Electric Meter, Class 20 w Demand 285-061-00008 H-4 40 ea Electric Meter, Class 320 w Demand 285-061-00005 H-5 40 ea Electric Meter, Class 20 w Demand 285-061-00050 H-6 40 ea Electric Meter, Class 200 w Demand 285-061-00052 H-7 12 ea Electric Meter, Class 320 w Demand 285-061-00060 H-8 500 ea Electric Meter, Class 200 w Demand 285-061-00056 Group H Recommended Award Total Certification of Bid Exceptions Total Recommended Award Amount Unit Total Unit Total Unit Total Manufacturer Price Price Delivery Manufacturer Price Price Delivery Manufacturer Price Price Delivery AEL $84.50 $8,450.00 3-5 wks Amer. Elect.$85.00 $8,500.00 3-5 wks GE $93.50 $9,350.00 2-4 wks AEL $97.30 $9,730.00 3-5 wks Amer. Elect.$97.50 $9,750.00 3-5 wks GE $106.52 $10,652.00 2-4 wks AEL $132.00 $13,200.00 4-6 wks Amer. Elect.$134.00 $13,400.00 3-5 wks GE $146.75 $14,675.00 2-4 wks Hadco $975.00 $39,000.00 6-8 wks $0.00 $0.00 Hadco $1,625.00 $32,500.00 6-8 wks $0.00 $0.00 $31,380.00 $0.00 $0.00 Shakespeare $185.00 $11,100.00 4-6 wks PUPI $190.55 $11,433.00 4-6 wks PUPI $190.53 $11,431.80 3-4 wks Shakespeare $94.00 $14,100.00 4-6 wks PUPI $84.50 $12,675.00 stk-6 wks PUPI $83.16 $12,474.00 3-4 wks Shakespeare $110.00 $11,000.00 4-6 wks PUPI $98.75 $9,875.00 stk-6 wks PUPI $96.32 $9,632.00 3-4 wks Shakespeare $209.00 $4,180.00 4-6 wks PUPI $211.00 $4,220.00 4-6 wks PUPI $211.58 $4,231.60 3-4 wks $15,280.00 $0.00 $22,106.00 Durham $32.50 $1,950.00 6-8 wks Milbank $32.50 $1,950.00 stock Milbank $35.66 $2,139.60 4-6 wks Durham $46.00 $18,400.00 6-8 wks Milbank $37.50 $15,000.00 stock Milbank $40.44 $16,176.00 4-6 wks Durham $164.00 $4,100.00 6-8 wks Milbank $173.00 $4,325.00 4 wks Milbank $174.83 $4,370.75 4-6 wks Durham $105.00 $2,625.00 6-8 wks Milbank $104.61 $2,615.25 4 wks Milbank $104.62 $2,615.50 4-6 wks Durham $156.00 $3,900.00 6-8 wks Milbank $157.00 $3,925.00 4 wks Milbank $208.39 $5,209.75 4-6 wks Durham $120.00 $1,200.00 6-8 wks Milbank $194.00 $1,940.00 4 wks Milbank $189.79 $1,897.90 4-6 wks $8,000.00 $16,950.00 $0.00 BMK $75.50 $16,308.00 stk GRA Services $74.40 $16,070.40 1-2 wks Polyset $69.48 $15,007.68 1-2 wks S&C $250.00 $25,000.00 8-10 wks S&C $181.00 $18,100.00 8-10 wks S&C $181.90 $18,190.00 8-10 wks Inertia $4,900.00 $58,800.00 8-12 wks S&C $4,840.00 $58,080.00 8-10 wks S&C $4,987.70 $59,852.40 8-10 wks Beckwith $3,950.00 $118,500.00 4-6 wks Beckwith $3,829.00 $114,870.00 6-8 wks $0.00 $58,800.00 $18,100.00 $15,007.68 $0.00 $0.00 Itron $24.15 $24,150.00 3-6 wks $0.00 $0.00 Itron $75.00 $7,500.00 3-6 wks $0.00 $0.00 Itron $98.00 $1,960.00 3-6 wks $0.00 $0.00 Itron $98.00 $3,920.00 3-6 wks $0.00 $0.00 Itron $125.00 $5,000.00 3-6 wks $0.00 $0.00 Itron $125.00 $5,000.00 3-6 wks $0.00 $0.00 Itron $137.00 $1,644.00 3-6 wks $0.00 $0.00 Itron $125.00 $62,500.00 3-6 wks $0.00 $0.00 $111,674.00 Priester-Mell & Nicholson $148,787.68 Y Techline $508,658.25 Y KBS Electrical Distributors $46,710.00 Y Section B: Freight allowed on $6,000 combined orders for Armorcast items G-3: Includes wildlife protection G-2: 1. Wildlife protection not available on switched with Silicone insulators (K suffix). So if wildlife protection is required, you would need to use either Cypoxy insulators (no suffix) or Porcelain insulators (SP suffix) 2. The SDA-4-95 wildlife kit is only applicable on R3 or earlier sintage switched. The wildlife kit for the current R4 switch 147443R4 is cat #SDA-5178. Price is the same as the SDA-4095. Section B: Freight allowed on $6000.00 combined shipments. G-4: Minimum order 10 each due to freight. 8 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-316 Name:Renewal of contracts for Landscape Maintenance and Mowing Status:Type:Contract Consent Agenda File created:In control:3/7/2014 City Council Regular On agenda:Final action:3/27/2014 Title:Presentation, possible action and discussion regarding renewal approval of annual contracts for Landscape Maintenance and Mowing of City Sites to Green Teams, Inc, Contract 13-189 for $650,545.00 and Roots Landscaping, LLC., Contract 13-259 for $17,500.00 for a total amount of $668,045.00 Sponsors: Indexes: Code sections: Attachments:Contract 13-189 Signed Green Teams - Landscape Mgmt.pdf Contract 13-259 Signed Roots Landscaping - Landscape Mgmt.pdf Action ByDate Action ResultVer. Presentation, possible action and discussion regarding renewal approval of annual contracts for Landscape Maintenance and Mowing of City Sites to Green Teams, Inc, Contract 13-189 for $650,545.00 and Roots Landscaping, LLC., Contract 13-259 for $17,500.00 for a total amount of $668,045.00 Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract and authorization for the City Manager to execute the contract. Summary: In 2013,Request for Proposals were solicited from contractors for the landscape maintenance of City properties. These properties were divided into six (6) categories: 1) Neighborhood Parks 2) City Facilities 3) Electric Sites 4) Water/Wastewater Sites 5) Economic Development, and 6) Finish Mowing of City Streets Eight (8)sealed competitive proposals were received and opened on March 26,2013.The proposals were evaluated by City staff,and were awarded based on the lowest responsible proposals received. Contracts 13-189 and 13-259 were presented to Council and approved on April 25,2013,Item 2c. Upon Council's approval of the contract renewals,purchase orders for the new term will be issued to College Station, TX Printed on 3/21/2014Page 1 of 2 powered by Legistar™ File #:14-316,Version:1 Upon Council's approval of the contract renewals,purchase orders for the new term will be issued to the vendors. A summary of the recommended awards is as follows: Category Vendor Amount 1) Neighborhood Parks Green Teams, Inc $332,610.00 2) City Facilities Green Teams, Inc $83,567.00 3) Electric Sites Roots Landscaping, LLC $17,500.00 4) Water/ Wastewater Sites Green Teams, Inc $68,914.00 5) Economic Development Green Teams, Inc $2,110.00 6) Finish Mowing - Streets Green Teams, Inc $163,344.00 Total $668,045.00 Budget & Financial Summary: Funds are budgeted and available in Parks, Community Development, Economic Development, Water/Wastewater, Electrical Sites and Street Maintenance operating budgets. Attachments: 1. Contract 13-189 Renewal 2. Contract 13-259 Renewal College Station, TX Printed on 3/21/2014Page 2 of 2 powered by Legistar™ INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WC STATU-OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 2/21/2014 Insurance Network of Texas 143 East Austin Giddings, TX 78942-3299 979 542-3666 979 542-3666 Green Teams Inc. 731 Industrial Blvd Bryan, TX 77803-2016 Cincinnati Insurance Company Texas Mutual Insurance Company 10677 22945 A X X X PD Ded:1,000 X EPP0085832 01/01/2014 01/01/2017 1,000,000 50,000 10,000 1,000,000 2,000,000 2,000,000 A X X X EBA0085832 01/01/2014 01/01/2015 1,000,000 A X X X 0 EPP0085832 01/01/2014 01/01/2017 5,000,000 5,000,000 B N TSF0001118856 01/01/2014 01/01/2015 X 1,000,000 1,000,000 1,000,000 As per policy provision, City of College Station, its officials, employees and volunteers, are listed as additional insured in regard to the auto and general liability policies as provided by additional insured endorsement. A waiver of subrogation endorsement is provided to City of College Station, its officials, employees and volunteers, in regard to the auto, general liability and workers compensation policies as per policy provision. General liability, auto and workers compensation policies include(s) a 30 Days (See Attached Descriptions) City of College Station 1101 Texas Ave. College Station, TX 77840 1 of 2 #S503504/M495589 GREENTEAClient#: 603 746 1 of 2 #S503504/M495589 SAGITTA 25.3 (2010/05) DESCRIPTIONS (Continued from Page 1) Notice of Cancellation endorsement providing 30 days advance notice if policy is canceled by the company other than for nonpayment of premium, or direct cancellation by named insured as per policy provision. 2 of 2 #S503504/M495589 CITY ()F CC )LU~(;[-: ST,\TIO".; February 11, 2014 ATTN: Michael Stover Roots Landscaping, LLC. 4105 Rocky Mountain Ct. College Station, TX 77845 RE: Renewal-RFP 13-052, Contract 13-259 Electrical Site Mowing and Landscape Maintenance Dear Mr. Stover, The City of College Station appreciates the services provided by Roots Landscaping, LLC. this past year. We would like to exercise our option to renew the above referenced agreement for the term of May 1, 2014 through April 30, 2015, for an amount not to exceed Seventeen Thousand Five Hundred Dollars and 00/100 ($17,500.00). If this meets with your company's approval, please complete the following renewal agreement and return it via e-mail to hpavelka@cs tx .gov or via fax (979-764-3899). Please follow up by mailing the original, no later than February 28, 2014, to my attention at the following address: City of College Station Purchasing Division PO Box 9960 College Station, TX 77842 Should you have any questions, please call me at (979) 764-3437. Sincerely, of;WV~~ Heather Pavelka Buyer Attachment P O Box 99GCI 1101 Tcxas \ \-C I1lIC Col l ege.: Stat ion, T X 778 42 \\ '\\"\V,cs t x.gO \ " ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ------- ------ ------ RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew RFP 13-052, Contract 13-259 for Electrical Site Mowing and Landscape Maintenance and in accordance with all terms and conditions previously agreed to and accepted for an amount not to exceed Seventeen Thousand Five Hundred Dollars and 00/100 ($17,500.00). I understand this renewal term will be for the period beginning May 1, 2014 through April 30 , 2015. This is the fU 'st renewal. ROOTS LANDSCAPING, LLC. ~~~ifi£;. Title: ~t1 h~L&>"J.+l..;u--: Date: 'J ./ I 5 I i'i CITY OF COLLEGE STATION By: ______________ City Manager Date: APPROVED: City Attorney Date: Assistant City Manager/CFO Date: 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-317 Name:Toni Court parking removal Status:Type:Ordinance Consent Agenda File created:In control:3/7/2014 City Council Regular On agenda:Final action:3/27/2014 Title:Presentation, possible action and discussion of an ordinance amending Chapter 10 “Traffic Code”, to remove parking along Toni Court and Keefer Loop in the Buena Vida Subdivision. Sponsors: Indexes: Code sections: Attachments:Toni Court Exhibit.pdf ordinance standard.pdf Action ByDate Action ResultVer. Presentation, possible action and discussion of an ordinance amending Chapter 10 “Traffic Code”, to remove parking along Toni Court and Keefer Loop in the Buena Vida Subdivision. Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation(s): Staff recommends approval of the ordinance. Summary:In December 2012, the City Council approved an ordinance to remove parking along one side of Keefer Loop and Cullen Trail due to the high utilization of on-street parking along the streets in order to ensure emergency vehicle access. At that meeting, subdivision residents that lived on Toni Court requested that their street be included in the ordinance. At that time, Council directed staff to further evaluate the street for future parking restrictions. The street has been monitored for emergency vehicle access issues and in January 2014, staff presented an update to the City Council recommending that parking be removed from one side of Toni Court. The City's Traffic Management Team agrees with the recommendation to remove parking along one side of the street. The recommendation removes parking from the cul-de-sac, the south side of Toni Court, and the west side of Keefer Loop (between Toni Court and Wellborn Road) in order to provide adequate sight distance for vehicles on Toni Court turning onto Keefer Loop. Letters were mailed to the property owners displaying the recommended parking removal and explaining the need to improve safety. Additionally, stamped postcards were included asking for their input and a vote of support or opposition. Of the 12 properties, seven postcards were returned with five property owners supporting the recommended plan. Additionally, on March 5th, staff held a public meeting to discuss the plan and gather additional input. One property owner attended the meeting and is supportive of the plan. Budget & Financial Summary: The "NO PARKING" signs are planned operation and maintenance expenses accounted for College Station, TX Printed on 3/21/2014Page 1 of 2 powered by Legistar™ File #:14-317,Version:1 in the Public Works Traffic Operation budget. Attachments: 1. Ordinance 2. Location Map College Station, TX Printed on 3/21/2014Page 2 of 2 powered by Legistar™ ORDINANCE NO.__________________ AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, SECTION 4 “ADMINISTRATIVE ADJUDICTION OF PARKIGN VIOLATIONS”, E “PARKING REGULATIONS OF CERTAIN DESCRIBED AREAS”, (1) “TRAFFIC SCHEDULE XIV - NO PARKING HERE TO CORNER OR NO PARKING ANYTIME”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV – No Parking Here to Corner or No Parking Anytime”, of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed liable for a civil offense and/or guilty of a Class C misdemeanor, and, upon a finding of liability thereof, shall be punished by a civil penalty of not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), or upon conviction thereof, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Said Ordinance becomes effective ten (10) days after date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. Toni Court Parking Removal Ordinance Page 2 PASSED, ADOPTED and APPROVED this ______ day of _______________, 2014. APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney EXHIBIT “A” That Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV – No Parking Here to Corner or No Parking Anytime”, is hereby amended to include the following: Toni Court – No Parking in the cul-de-sac or on the south side of Toni Court. Keefer Loop – No Parking on the west side of Keefer Loop between Rock Prairie Road and Toni Court. 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-315 Name:BCBS Stop Loss Policy & Recommendation Status:Type:Contract Consent Agenda File created:In control:3/7/2014 City Council Regular On agenda:Final action:3/27/2014 Title:Presentation, possible action, and discussion regarding the ratification to renew the Stop Loss policy for the City’s self-funded health plan with Blue Cross and Blue Shield of Texas (BCBS) for the period of January 1, 2014 through December 31, 2014. The estimated annual premiums are $570,648. Sponsors:HR Indexes: Code sections: Attachments:SL Recommendation.pdf TX Stop Loss Policy STD.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the ratification to renew the Stop Loss policy for the City’s self-funded health plan with Blue Cross and Blue Shield of Texas (BCBS) for the period of January 1, 2014 through December 31, 2014. The estimated annual premiums are $570,648. Relationship to Strategic Goals:Financially Sustainable City Recommendation(s):Staff recommends approval of 2014 Stop Loss renewal. Summary:Stop loss coverage is an insurance policy that protects the City from specific large medical or prescription drug claims and/or from an aggregate amount of overall high claims. BlueCross Blue Shield has been the City's stop loss vendor for the past 9+ years. This is the second renewal of the original contract from plan year 2012. The renewal includes no increase to the premium from last year. The 2014 plan year projected costs are based on a monthly average of 806 employees, retirees and COBRA participants on the plan. Budget and Financial Summary:Funds are available and budgeted in the employee benefits fund. College Station, TX Printed on 3/21/2014Page 1 of 1 powered by Legistar™   BlueCross BlueShield of Texas A Division of Health Care Service Corporation, a Mutual Legal Reserve Company, an Independent Licensee of the Blue Cross and Blue Shield Association StopLossPol-0610 Std STOP LOSS COVERAGE POLICY between BLUE CROSS AND BLUE SHIELD OF TEXAS A DIVISION OF HEALTH CARE SERVICE CORPORATION, a Mutual Legal Reserve Company Herein called “the Company” and The Policyholder The Application for Stop Loss Coverage (herein called the “Application”) attached hereto and made a part of this Policy shall establish the Policyholder’s Employer Group Name, Employer Group Number, the Effective Date of Policy, and the Policy Period. In consideration of the Application attached hereto and in consideration of the payment made by the Policyholder of all premiums when due as hereinafter provided, the Company agrees to make the payments herein specified, subject to the provisions and conditions of this Policy. All obligations, terms, definitions, conditions, promises, agreements and provisions of the Administrative Services Agreement between the Policyholder and the Company (herein called the “Agreement”) shall apply equally to this Policy unless otherwise specified in this Policy or the Application. THIS IS NOT A POLICY OF WORKERS’ COMPENSATION INSURANCE. THE POLICYHOLDER DOES NOT BECOME A SUBSCRIBER TO THE WORKERS’ COMPENSATION SYSTEM BY PURCHASING THIS POLICY, AND IF THE POLICYHOLDER IS A NON-SUBSCRIBER, THE POLICYHOLDER LOSES THOSE BENEFITS THAT WOULD OTHERWISE ACCRUE UNDER THE WORKERS’ COMPENSATION LAWS. THE POLICYHOLDER MUST COMPLY WITH THE WORKERS’ COMPENSATION LAW AS IT PERTAINS TO NON-SUBSCRIBERS AND THE REQUIRED NOTIFICATIONS THAT MUST BE FILED AND POSTED. ATTEST: WARNING: ANY PERSON WHO KNOWINGLY, AND WITH INTENT TO INJURE, DEFRAUD OR DECEIVE ANY INSURER, MAKES ANY CLAIM FOR THE PROCEEDS OF AN INSURANCE POLICY CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY. Page 2 StopLossPol-0610 The Policyholder understands the liability assumed under the portion of the self-funded employee health and welfare benefit plan (the Plan) which it is self-insuring and further understands that it is exempted from Chapter 101 of the Texas Insurance Code only if a qualified employee benefit plan has been filed and meets the requirements of Employee Retirement Income Security Act of 1974, as amended, (ERISA) unless the Policyholder is exempt from requirements of ERISA. SECTION I DEFINITIONS Additional definitions applicable to this Policy are contained in the Agreement. “Application” means the attached APPLICATION FOR STOP LOSS COVERAGE specifying the particulars of this Policy or any subsequent replacement Application supplied by the Company. The specifications or items of the Application shall be applicable for the Policy Period indicated on the Application, except that any item of the Application may be changed in accordance with the provisions described in this Policy. “Covered Person” means an individual Employee, dependent(s) of an Employee, a retired Employee, dependent(s) of a retired Employee, and certain continued persons and their dependents covered under a continuation of coverage provision, whose coverage has become effective in accordance with the terms of the Policyholder’s Plan and whose Paid Claims are eligible for Stop Loss Coverage as indicated on the most current Application to this Policy. “Claim Liability” means the total amount of Paid Claims that the Policyholder is responsible for paying each Policy Period. Claim Liability will be calculated for each Policy Period in accordance with the formula indicated in Item A.5. of the most current Application to this Policy. “Effective Date of Policy” means the date specified on the Application. “Employee” means an individual employee, retired employee, or continued person, whose coverage has become effective under the Policyholder’s Plan and whose Paid Claims are eligible for Stop Loss Coverage as indicated on the most current Application to this Policy. “Final Policy Period” means the period of time beginning on the first day of the Policy Period specified on the most current Application and ending on the date the Policy is terminated. “Month” means each succeeding calendar Month period beginning on the first day of the Policy Period. “Paid Claims” shall mean: (a) The total amount of Claim Payments under and pursuant to the Agreement; and (b) If applicable, the claim payments made by the Policyholder’s prior claim administrator, as specified on the Application; Page 3 StopLossPol-0610 for the types of claims specified on the Application and in settlement of claims for any benefits under the Plan which are: (a) In the case of new coverage: (i.) Incurred and paid during the Policy Period or (ii.) Incurred during the Stop Loss Coverage Period and paid during the Policy Period, as specified on the Application; (b) In the case of a renewal of existing coverage, incurred on or after the original Effective Date of Policy and paid during the most current Policy Period, as specified on the Application. (c) Paid Claims may also include Run-Off Paid Claims in accordance with the provisions of this Policy. A claim is considered “incurred” on the date the service or supply is furnished; a claim is considered “paid” on the date the claim is processed. “Paid Claims” shall not include: (a) Claims incurred prior to the original Effective Date of Policy, except as specified on the Application; or (b) Claims incurred after the termination date of this Policy; or (c) Extra contractual damages of any nature, compensatory damages, or any similar damages however assessed, or any payments made as an exception to the Plan or as settlement of a lawsuit; or (d) Any payments made at the specific written request of the Policyholder when not provided for as benefits under the Plan or which are limited or excluded under such document; or (e) Any payments of benefits which are interpreted by the Policyholder as coming within the terms of the Plan if the Company notifies the Policyholder that it does not agree with that interpretation. “Plan” shall mean the self-funded Group Health Plan of the Policyholder. “Point of Attachment” means the dollar amount above which Stop Loss Insurance will apply as indicated in Items A.7. and/or B.4. of the most current Application to this Policy provided, however, that the Point of Attachment for Aggregate Stop Loss Insurance shall never be less than the minimum specified in Item A.7. of the most current Application. “Policy” as used herein means this Stop Loss Coverage Policy. “Policy Period” means the period of time beginning and ending on the dates shown on the most current Application. “Run-In Period” means the period immediately prior to the initial Policy Period, if any, as specified in Items A.2. and/or B.2 of the Application. Page 4 StopLossPol-0610 “Run-Off Paid Claims” means those Paid Claims incurred on or after the original Effective Date of this Policy but prior to termination, which are paid in accordance with the Agreement during the Run-Off Period. “Run-Off Claims Liability” means the amount to fund anticipated Run-Off Paid Claims. Settlements for Run-Off Paid Claims will be in accordance with the section entitled SETTLEMENTS, Run-Off Period Settlement subsection of this Policy. “Run-Off Period” means the twelve-Month period immediately following the termination of this Policy. “Stop-Loss Claims” means the amount of Paid Claims for which the Company assumes responsibility and risk. (a) If the amount of Paid Claims that have accumulated during the Policy Period for any Covered Person exceeds the amount indicated in Item B.4. of the most current Application to this Policy, such excess, up to the maximum amounts indicated, if any, shall be referred to in this Policy as Individual (Specific) Stop- Loss Claims. A monthly review will occur to determine if such excess exists. (b) Individual (Specific) Stop-Loss Insurance does not extend beyond the termination date of this Policy. (c) If, during the current Policy Period, Paid Claims less Individual (Specific) Stop- Loss Claims, if any, exceed the Aggregate Point of Attachment indicated in Item A.7. of the most current Application to this Policy, such excess, if any, shall be referred to in this Policy as Aggregate Stop-Loss Claims. (d) Stop Loss Claims may also include claims paid by the Policyholder’s prior claim administrator as specified on the Application. “Stop Loss Coverage Period” means the period specified in Items A.2. and/or B.2. of the most current Application. “Stop-Loss Premium” means the Monthly or annual premium, calculated in accordance with the formulas indicated in Items A.8. and/or B.5. of the most current Application, that is required by the Company for the risk assumed for the Stop Loss Coverage indicated in Item A.7. and/or B.4. of the most current Application. The Policyholder shall pay to the Company the Stop Loss Premium within ten (10) calendar days of receipt of a billing. The Stop-Loss Premium shall be subject to change by the Company as follows: (a) At the end of the Policy Period shown in the most current Application, provided that sixty (60) days prior written notice is given by the Company; (b) On the implementation date of any changes or benefit variances in the Policyholder’s Plan, its administration, or the level of benefit valuation which would increase the Company’s risk; Page 5 StopLossPol-0610 (c) On any date changes imposed by governmental entities increase expenses incurred by the Company provided that such increases shall be limited to an amount sufficient to recover such increase in expenses; or (d) On any date that the number of Covered Persons enrolled changes by an amount equal to 10% or more of total enrollment over a one-Month period or 25% or more of total enrollment over a three-Month period. SECTION II POLICY PROVISIONS INDEMNIFICATION OF RISK. The Company hereby agrees to indemnify the Policyholder as specified in the section of this Policy entitled SETTLEMENTS against the amount paid pursuant to the Plan during the Policy Period which is in excess of the Point of Attachment specified in Items A.7. and/or B.4. of the most current Application. The Company shall not be liable for, nor shall the indemnification be extended to, any claim or liability for extra–contractual or punitive damages, including interest, statutory penalties and attorney fees or any claims in excess of any lifetime or individual maximums specified in A.7. and B.4. ENTIRETY. This Policy, the most current Application and any attachments shall constitute the entire Policy between the parties for the purposes of this Policy and shall supersede any and all prior or contemporaneous Policies or understandings, either oral or in writing, between the parties with respect to the subject matter herein. This Policy shall not create any right or legal obligation between the Company and the Covered Person under the Plan. MODIFICATION. Except for the Application to this Policy, which may be changed at any time in accordance with the provisions of this Policy by notifying the Policyholder in writing of such change, no modification, amendment, change, or waiver of any provision of this Policy shall be valid unless agreed to by an officer of Company and an authorized representative of the Policyholder. SECTION III PREMIUM PROVISIONS PREMIUM PAYMENT. The premium(s) to be paid to the Company as consideration for the insurance provided hereunder and the method of premium payment (monthly or annual) shall be as specified on the Application. Monthly premium is due on the first day of each Month beginning on the first day of the Policy Period through the end of the Policy Period. Annual Premium is due on the first day of the Policy Period. Premium is based on the current membership specified on the Application. REMITTANCE. The Company shall bill the Policyholder in advance for the Stop-Loss Premium amount due and the Policyholder shall remit payment within ten (10) calendar days of receipt of a billing. A remittance will be considered received when actually delivered into the possession or control of the Company. Page 6 StopLossPol-0610 DAILY CHARGE. A daily charge shall be assessed for the late remittance of any amount(s) due and payable to the Company by the Policyholder. This charge shall be an amount equal to the amount resulting from multiplying the amount due times the lesser of: (a) The rate of .0329% per day (which equates to an amount of 12.0% per annum); or (b) The maximum rate permitted by state law. NOTICE AND PROOF OF LOSS. The Company shall reimburse the Policyholder as specified in the section of this Policy entitled SETTLEMENTS. Payment to the Policyholder in settlement of claims hereunder shall not be construed as a waiver of, or prohibition against, the Company’s right to adjudicate or make further adjustments to such settlements. Any amount which the Policyholder recovers from a third party, whether by subrogation, reimbursement or otherwise, in connection with a claim under the Policyholder’s Plan shall not be eligible to satisfy the Point(s) of Attachment applicable to the Policyholder as specified on the Application nor will the Company pay any benefit hereunder with respect to any such recovered amount. Any such recovery shall be applied first to refund to the Company any benefit paid hereunder with respect to such claim and the Policyholder shall pay such refund to the Company within thirty-one (31) days after its receipt of such recovery, whether or not this Policy is still in force at that time. No action at law or in equity shall be brought to recover on this Policy more than three (3) years from expiration of this Policy. If any time limitation of this section of the Policy is less than that permitted by the state of Texas at the time this Policy is issued, such limitation is hereby extended to agree with the minimum permitted by such law. The books and records of the Policyholder which pertain to the Plan shall be open to the Company and its representatives at all times during the usual business hours for inspection. SECTION IV. DISPUTE RESOLUTION Any dispute arising out of or relating to this Policy shall be resolved in accordance with the procedures specified in this Section IV. which shall be the sole and exclusive procedures for the resolution of any such disputes. All negotiations pursuant to this Section IV. are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. (a) Arbitration In the event the parties fail to agree with respect to any matter covered herein, the question in dispute shall be submitted for arbitration in Dallas, Texas. The arbitrator shall be selected as follows: 1. Upon declaration by one of the parties hereto that a deadlock exists, the parties shall select an arbitrator; Page 7 StopLossPol-0610 2. If no appointment is made within thirty (30) days after the deadlock is declared and the amount in contest is in excess of $200, the American Arbitration Association shall recommend an arbitrator; or 3. If no appointment is made within thirty (30) days after the deadlock is declared and the amount in question is $200 or less, the Company shall select an independent third party to be the arbitrator. The arbitrator will submit a decision within thirty (30) days after appointment or as soon as reasonably feasible and such decision shall be binding on the parties hereto. Arbitration expenses will be shared by the parties. All other expenses (legal, incidental, etc.) shall be borne by the losing party or, if both parties prevail, be apportioned by the arbitrator to each party. Arbitration proceedings will be governed by the Rules of the American Arbitration Association then in effect. (b) Obligation to Continue Performance Except as provided otherwise in this Policy, each party is required to continue to perform its obligations under this Policy pending final resolution of any dispute arising out of or relating to this Policy. SECTION V SETTLEMENTS INDIVIDUAL (SPECIFIC) STOP LOSS SETTLEMENT. For any Individual (Specific) Stop Loss Claims, the claim settlement shall be provided to the Policyholder by the Company within ninety (90) days after the end of each Policy Period during which this Policy is in effect. The Company reserves the right to deduct any amount(s) owed the Company by the Policyholder from any payment due the Policyholder as a result of the claim settlement. If this Policy is terminated prior to the expiration of the Policy Period, claim settlements for Individual (Specific) Stop Loss Claims will be made, as specified herein, for only those full Months of the Policy Period immediately preceding Policy termination. Individual Stop-Loss Coverage shall not extend beyond the termination date of this Policy. AGGREGATE STOP LOSS SETTLEMENT OR ACCOUNTING. For any Aggregate Stop Loss Claims, the claim settlement shall be provided to the Policyholder by the Company within ninety (90) days after the end of each Policy Period during which this Policy is in effect. The Company reserves the right to deduct any amount(s ) owed the Company by the Policyholder from any payment due the Policyholder as a result of the claim settlement. Aggregate Stop Loss Insurance shall not exceed the maximum indicated in Item A.7. of the most current Application to this Policy in any Policy Period or any Final Policy Period. If the settlement reflects that Paid Claims for the Policy Period exceed the Point of Attachment for that Policy Period, then Aggregate Stop Loss Claims, minus any Individual (Specific) Stop Loss Claims, to the extent funded by the Policyholder, shall be the responsibility of the Company. If the Aggregate Point of Attachment exceeds the Paid Claims, then no Aggregate Stop-Loss benefit shall be payable to the Policyholder. Page 8 StopLossPol-0610 RUN-OFF PERIOD SETTLEMENT. In the event of termination of this Policy on the last day of the Policy Period, the Run-Off Period immediately following termination will be combined with the Final Policy Period and this shall be termed a Final Settlement Period. Within ninety (90) days following the end of the Run-Off Period, a final settlement will reflect the following: (a) Final Settlement Paid Claims: (1) The sum of the Paid Claims during the Final Policy Period and the Run- Off Paid Claims, minus (2) Any Individual (Specific) Stop-Loss Claims during the Final Policy Period, if applicable. (b) Final Settlement Point of Attachment: (1) The sum of the Policyholder’s Claims Liability for the Final Policy Period, plus (2) The Policyholder’s Run-Off Claim Liability If the Final Settlement Paid Claims exceed the Final Settlement Point of Attachment, then Aggregate Stop-Loss benefits shall be payable to the Policyholder to the extent funded by the Policyholder. If the Final Settlement Point of Attachment exceeds the Final Settlement Paid Claims, then no Aggregate Stop-Loss benefits shall be payable to the Policyholder SECTION VI GENERAL PROVISIONS LIMITATION OF LIABILITY. Liability for any errors or omissions by the Company (or its officers, directors, employees, agents, or independent contractors) in the administration of this Policy, or in the performance of any duty of responsibility contemplated by this Policy, shall be limited to the maximum benefits which should have been paid under the Policy had the errors or omissions not occurred (including the Company’s share of any arbitration expenses incurred under the Policy), unless any such errors or omissions are adjudged to be the result of intentional misconduct, gross negligence, or intentional breach of a duty under this Policy by the Company. TERM AND TERMINATION. This Policy shall continue in full force and effect from year to year unless terminated as provided herein. This Policy may be terminated as follows: (a) By either party at the end of any Policy Period following thirty (30) days prior written notice to the other; (a) By both parties on any date mutually agreed to in writing. Page 9 StopLossPol-0610 (b) This Policy will terminate automatically: (1) On the date the most current Application terminates as specified on the Application, unless a replacement Application for the period immediately following is executed by the Company and the Policyholder; (2) Upon failure of the Policyholder to pay Stop Loss Premium in accordance with the provisions of this Policy; (3) On the date the Plan terminates; or (4) On the date the Agreement terminates. The Policyholder shall notify the Company in writing of a change in claim administrator from the Company to another carrier or administrator no later than thirty (30) days in advance of the date of change. In the event of termination of this Policy for any reason prior to the expiration of a Policy Period, no Aggregate Stop Loss Insurance will exist for the Final Policy Period or Run-Off Period. The Policyholder will be required to fund all claims during the Final Policy Period and Run-Off Period. The Company shall have no obligation to determine a claim settlement for the period during which coverage was in effect nor shall the Company refund any portion of the premium(s) to the Policyholder. ASSIGNMENT. No part of this Policy, 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. The Company’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 Policy. GOVERNING LAW. This Policy shall be governed by, and shall be construed in accordance with, the laws of the State of Texas without regard to any state choice-of-law statutes, and any applicable federal law. All obligations created hereunder are performable in Dallas, Texas and all disputes arising out of this Policy will be resolved in Dallas, Texas. NO WAIVER. The failure of either the Policyholder or the Company to insist upon strict performance of any of the terms of this Policy shall not be construed as a waiver of its respective rights to remedies with respect to any subsequent breach or def ault in any of the terms of this Policy. SEVERABILITY. In case any one or more of the provisions contained in this Policy shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Policy, but this Policy shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. TAXES. Any premium amounts due under this Policy will automatically be increased by the amount of any taxes imposed, increased, or adjudged due by any lawful authority on or after the Effective Date of this Policy, which directly pertain to this Policy and which the Company is required to pay or remit, whether relating to fees, services, benefits, payments, or any other aspect of this Policy or the Plan. Page 10 StopLossPol-0610 INSOLVENCY. The insolvency, bankruptcy, financial impairment, receivership, voluntary plan of arrangement with creditors, or dissolution of the Policyholder or its Claim Admin istrator will not impose on the Company any liability other than the liability defined this Policy. The insolvency of the Policyholder will not make the Company liable to the creditors of the Policyholder, particularly the Covered Persons under the Plan. RIGHT OF RECOVERY. The Company will not seek recovery of any excess or erroneous payment made under this Policy more than twenty-four (24) months after the payment is made, unless: (a) The payment was made because of fraud committed by the Policyholder, the Covered Person or the provider; or (b) The Policyholder, Covered Person or provider has otherwise agreed to make a refund to the Company for overpayment of a claim. 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-318 Name:BCBS Administrative Services Agreement - Amendment Status:Type:Agreement Consent Agenda File created:In control:3/10/2014 City Council Regular On agenda:Final action:3/27/2014 Title:Presentation, possible action, and discussion regarding approval for the Amendment to the Administrative Services Agreement with Blue Cross and Blue Shield of Texas for medical, dental and prescription drug plan for calendar year 2014, in the amount of $432,271. Sponsors:HR Indexes: Code sections: Attachments:80897 Amendment to ASA 11.13 .pdf 13-233 Final Executed ASA.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval for the Amendment to the Administrative Services Agreement with Blue Cross and Blue Shield of Texas for medical, dental and prescription drug plan for calendar year 2014, in the amount of $432,271. Relationship to Strategic Goals:Financially Sustainable City Recommendation(s):Staff recommends approval of the agreement. Summary:The City's health plan is self-funded and has contracted with Blue Cross and Blue Shield of Texas since 2004 to administer claims. An RFP for claims administration went out in June 2012 and resulted in several proposals. After extensive analysis and continued negotiations, BCBS was chosen with the best proposal. This agreement amends the contract to be consistent with the service inclusions for renewal for the calendar year 2014. Budget and Financial Summary:Funds are available in the employee benefits fund. College Station, TX Printed on 3/21/2014Page 1 of 1 powered by Legistar™ - 1 - A Division of Health Care Service Corporation, a Mutual Legal Reserve Company, An Independent Licensee of the Blue Cross and Blue Shield Association ASA Amd 11/13 Proprietary Information Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except under written agreement.   BlueCross BlueShield of Texas AMENDMENT TWO (2) TO THE ADMINISTRATIVE SERVICES AGREEMENT THIS AMENDMENT to the Administrative Services Agreement is effective as of January 1, 2014 and is attached to and made a part of the Administrative Services Agreement by and between Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, a Mutual Legal Reserve Company (hereinafter referred to as the “Claim Administrator”), and City of College Station (hereinafter referred to as the “Employer”), WITNESSETH AS FOLLOWS: WHEREAS, the Claim Administrator and the Employer have entered into an Administrative Services Agreement (hereinafter referred to as the “Agreement”) which was effective as of January 1, 2013, as amended; and, WHEREAS, the parties desire to amend the Agreement as described herein; NOW, THEREFORE, in consideration of these premises and the mutual promises and agreements hereinafter set forth, the parties hereby agree to amend the Agreement as follows: A. Under ADMINISTRATIVE SERVICE AGREEMENT, SECTION 2, AGREEMENT DEFINITIONS, is expanded to include the following: “Surcharges” means local, state or federal taxes, surcharges or other fees or amount, including, but not limited to World Access Fees and amounts due in connection with the Affordable Care Act Transitional Reinsurance Programs (or successor or alternate program amounts) (the “Reinsurance Contribution”), paid by the Claim Administrator which are imposed upon or resulting from this Agreement or are otherwise payable by or through Claim Administrator. Upon request, the Employer shall furnish to the Claim Administrator in a timely manner all information necessary for the calculation or administration or any surcharges. Surcharges may or may not be related to a particular claim for benefits. In no event will the Claim Administrator be responsible for the Reinsurance Contribution. B. Under ADMINISTRATIVE SERVICE AGREEMENT, SECTION 4, CERTAIN RESPONSIBILITES OF THE EMPLOYER AND THE CLAIM ADMINISTRATOR, Subsection 4.2 Claim Administrator responsibility is expanded to include the following: 4.2 Claim Administrator responsibility. The Claim Administrator shall have no responsibility for or liability with respect to the compliance or non–compliance of the Plan with any applicable federal, state and local rules, laws and regulations; and the Employer shall have the sole responsibility for and shall bear the entire cost of compliance with all federal, state and local rules, laws and regulations, including, but not limited to, any licensin g, filing, reporting, modification requirements and disclosure requirements as may apply to the Plan, and all costs, expenses and fees relating thereto, including but not limited to local, state or federal taxes, penalties, surcharges or other fees or amou nts regardless of whether payable directly by the Employer or by or through the Claim Administrator; provided, however, the Claim Administrator shall have the responsibility for and bear the cost of compliance with any federal, state or local laws as may apply to the Claim Administrator in connection with the performance of its obligations under this Agreement. - 2 - Proprietary Information Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except under written agreement. ASA Amd 11/13 C. Under ADMINISTRATIVE SERVICE AGREEMENT, SECTION 13, TERM AND TERMINATION OF AGREEMENT, Subsection 13.2 Termination is expanded to include the following: e. By the Claim Administrator on any date that the actual number of Covered Employees (in total, by product, or by benefit plan), the Single/Family mix, or the Medicare/Non -Medicare mix varies +/- 10% from Claim Administrator’s projections, or the information upon which Claim Administrator’s projections were based (benefit levels, census/demographics, commissions, etc.) becomes outdated or inaccurate. D. Under ADMINISTRATIVE SERVICE AGREEMENT, SECTION 16, PROPRIETARY MATERIALS, is expanded to include the following: 16.4 Disclosures in Account Contracts. The Employer on behalf of itself and its Covered Persons hereby expressly acknowledges its understanding this Agreement constitutes a contract solely between the Employer and the Claim Administrator, which is an independent corporation operating under a license from the Blue Cross and Blue Cross Association, an association of independent Blue Cross and Blue Shield Plans, (the “Association”) permitting the Claim Administrator to use the Blue Cross and Blue Shield Service Mark ,and that the Claim Administrator is not contracting as the agent of the Association. The Employer on behalf of itself and its Covered Persons further acknowledges and agrees that it has not entered into this Agreement based upon representations by any person other than the Claim Administrator and that no person, entity, or organization other than the Claim Administrator shall be held accountable or liable to the Employer for any of the Claim Administrator’s obligations to the Employer created under this Agreement. This subsection shall not create any additional obligations whatsoever on the part of the Claim Administrator other than those obligations created under other provisions of this Agreement. 16.5 Administrative Services Only, Network Only. The Claim Administrator must disclose that it does not underwrite or assume any financial risk with respect to Claims liability; and disclose the nature of the services and/or network access the Claim Administrator is providing. Such disclosures must be made to the Employer, the Employer’s Covered Persons, and Providers and must include, at a minimum, disclosure on identification cards, benefit booklets, Employer contracts and Explanation of Benefits documentation. E. Under EXHIBIT 1, CLAIM ADMINISTRATOR SERVICES, the following bulleted item is updated as follows:  BLUE CARE CONNECTION PROGRAM A program that may include utilization management, case management, condition management, lifestyle management, predictive modeling, Well on Target, 24/7 nurseline and access to a personal health manager or such other features as determined by the Employer. F. Under EXHIBIT 2, SECTION 3: COMPENSATION TO CLAIM ADMINISTRATOR, Subsection 3.3 Changing service charges, is expanded to include the following: d. On any date that the actual number of Covered Employees (in total, by product or by benefit plan), the Single/Family mix, or the Medicare/Non-Medicare mix varies +/- 10% from Claim Administrator’s projections; e. The information upon which Claim Administrator’s projections were based (benefit levels, census/demographics, commissions, etc.) becomes outdated or inaccurate; or - 3 - Proprietary Information Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except under written agreement. ASA Amd 11/13 G. Under EXHIBIT 2, FEE SCHEDULE, FINANCIAL RESPONSIBILITIES & REQUIRED DISCLOSURES, SECTION 5., EMPLOYER PAYMENT, the following Subsection is added: 5.3 Federal Regulation of the Employer. Beginning in 2014 (or such other date required by law), the Employer will be responsible for contributing to the funding of the Transitional Reinsurance Programs established by the Affordable Care Act. In no event will the Claim Administrator be responsible for the reinsurance contribution. If required by applicable law, The Employer will promptly forward to the Claim Administrator all such contributions (or successor or alternate program amounts) and all information necessary for the calculation or administration of such contributions (or successor or alternate program amounts). H. Under EXHIBIT 2, SECTION 14: INTER-PLAN ARRANGEMENTS, 14.2 Bluecard Program, item a, Liability Calculation Method Per Claim, is updated as follows: In some instances federal law or the laws of a small number of states require Host Blues either (i) to use a basis for determining Covered Person’s liability for Covered Services that does not reflect t he entire savings realized, or expected to be realized, on a particular Claim or (ii) to add a surcharge. Should either federal law or the law of the state in which healthcare services are accessed mandate liability calculation methods that differ from the negotiated price methodology or require a surcharge, Claim Administrator would then calculate Covered Person’s liability and Employer’s liability in accordance with applicable law. I: ATTACHMENTS TO THIS AMENDMENT The following Exhibits/Addendum are attached to and are made a part of this Amendment:  ASO Benefit Program Application (ASO BPA) Except as herein modified and amended, the provisions, conditions and terms of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year specified below. BLUE CROSS AND BLUE SHIELD OF TEXAS, a Division of Health Care Service Corporation, a Mutual Legal Reserve Company City of College Station ACCOUNT # 80897 By: By: Title: Chief Underwriter DSVP Title: Date: January 8, 2014 Date: - 4 - Proprietary Information Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except under written agreement. ASA Amd 11/13 as BlueCross BlueShield 17631 ti of Texas ADMINISTRATIVE SERVICES AGREEMENT The Effective Date of this Administrative Services Agreement the Agreement is January 1 2013 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date and year specified below ACCOUNT 80897 BLUE CROSS AND BLUE SHIELD OF TEXAS a CITY OF COLLEGE STATION Division of Health Care Service Corporation a Mutual I Legal Reserve Company By J rreJYC City Manager Date 4 123 APPROVED City AttorneyDate44q 3 contrBy 461 Title Divisional Vice President Excu v tr Bus Services Date Y5 Date February 12 2013 HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 1 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement A Division of Health Care Service Corporation a Mutual Legal Reserve Company An Independent Licensee of the Blue Cross and Blue Shield Association 1 TABLE OF CONTENTS ADMINISTRATIVE SERVICES AGREEMENT 1 SECTION 1 APPOINTMENT 4 SECTION 2 AGREEMENT DEFINITIONS 4 SECTION 3 SERVICES TO BE PROVIDED BY THE CLAIM ADMINISTRATOR 7 SECTION 4 CERTAIN RESPONSIBILITIES OF THE EMPLOYER AND THE CLAIM ADMINISTRATOR 8 SECTION 5 THIRD PARTY DATA RELEASE 9 SECTION 6 REFERRAL OF CERTAIN CLAIMSINQUIRIES 10 SECTION 7 CLAIM DISPUTE RESOLUTION 10 SECTION 8 FINAL DETERMINATION OF CLAIMSINQUIRIES 10 SECTION 9 COOPERATION OF THE PARTIES 10 SECTION 10 HIPAA CERTIFICATE OF CREDITABLE COVERAGE 11 SECTION 11 INDEMNIFICATION 11 SECTION 12 AUDIT AND CORRECTION OF AUDIT ERRORS 12 SECTION 13 TERM AND TERMINATION OF AGREEMENT 13 SECTION 14 RELATIONSHIP OF PARTIES 13 SECTION 15 NON ERISA GOVERNMENT REGULATIONS 14 SECTION 16 PROPRIETARY MATERIALS 14 SECTION 17 ELECTRONIC DOCUMENTS 14 SECTION 18 RECORDS 15 SECTION 19 APPLICABLE LAW 15 SECTION 20 ENTIRE AGREEMENT 15 SECTION 21 LIMITATIONS 15 SECTION 22 NOTICE AND SATISFACTION 15 SECTION 23 LIMITATION OF LIABILITY 16 SECTION 24 DISPUTE RESOLUTIONARBITRATION 16 SECTION 25 OBLIGATION TO CONTINUE PERFORMANCE 16 SECTION 26 NOTICES 16 SECTION 27 SEVERABILITY 16 SECTION 28 ENFORCEMENT 17 SECTION 29 FORCE MAJEURE 17 SECTION 30 INDUSTRY IMPROVEMENT RESEARCH AND SAFETY 17 SECTION 31 CLAIM ADMINISTRATOR USE OF THIRD PARTY RECOVERY VENDOR 17 SECTION 32 NOTICE OF ANNUAL MEETING 17 EXHIBIT 1 18 CLAIM ADMINISTRATOR SERVICES 18 HCSC TX Gen ASA Med Non ERISA REGCFRev 912 2 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement EXHIBIT 2 21 FEE SCHEDULE FINANCIAL RESPONSIBILITIES REQUIRED DISCLOSURES 21 SECTION 1 FEE SCHEDULE 21 SECTION 2 EXHIBIT DEFINITIONS 21 SECTION 3 COMPENSATION TO CLAIM ADMINISTRATOR 22 SECTION 4 CLAIM PAYMENTS 23 SECTION 5 EMPLOYER PAYMENT 23 SECTION 6 CLAIM SETTLEMENTS 23 SECTION 7 LATE PAYMENTS AND REMEDIES 24 SECTION 8 FINANCIAL OBLIGATIONS UPON AGREEMENT TERMINATION 24 SECTION 9 REQUIRED DISCLOSURE PROVISIONS 25 SECTION 10 PAYMENT OF CLAIMS AND ASSIGNMENT OF BENEFITS 25 SECTION 11 COVERED PERSONPROVIDER RELATIONSHIP 25 SECTION 12 CLAIM ADMINISTRATORS SEPARATE FINANCIAL ARRANGEMENTS WITH PRESCRIPTION DRUG PROVIDERS 26 SECTION 13 CLAIM ADMINISTRATORS SEPARATE FINANCIAL ARRANGEMENTS WITH PHARMACY BENEFIT MANAGERS 27 SECTION 14 INTERPLAN ARRANGEMENTS 27 SECTION 15 MEDICARE SECONDARY PAYER MSP INFORMATION REPORTING 31 SECTION 16 REIMBURSEMENT PROVISION 32 EXHIBIT 3 33 RECOVERY LITIGATION AUTHORIZATION 33 EXHIBIT 4 35 COBRA HEALTH BENEFITS CONTINUATION COVERAGE 35 EXHIBIT 5 42 BENEFIT PROGRAM APPLICATION ASO BPA 42 HCSC TX Gen ASA Med Non ERISA REGCFRev 912 3 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement This Agreement made as of the Effective Date specified on page 1 of this Agreement by and between Blue Cross and Blue Shield of Texas a Division of Health Care Service Corporation a Mutual Legal Reserve Company hereinafter referred to as the Claim Administrator and the Employer specified on page 1 of this Agreement hereinafter referred to as the Employer for the Account Number set forth on page 1 of this Agreement WITNESSETH AS FOLLOWS RECITALS WHEREAS the Employer on behalf of the Group Health Plan has executed an ASO Benefit Program Application ASO BPA and the Claim Administrator has accepted such ASO BPA attached hereto as Exhibit 5 with such ASO BPA and this Agreement collectively referred to hereinafter as the Agreement unless specified otherwise and WHEREAS the Employer has established and adopted an employee benefit plan Plan as described in its plan document which shall be provided by the Employer to the Claim Administrator and WHEREAS the Employer on behalf of the Group Health Plan desires to retain the Claim Administrator to provide certain administrative services with respect to the Plan and WHEREAS it is desirable to set forth more fully the obligations duties rights and liabilities of the Claim Administrator and the Employer as representative of the Group Health Plan with respect to the Plan NOW THEREFORE in consideration of these premises and the mutual promises and agreements hereinafter set forth the parties hereby agree as follows SECTION 1 APPOINTMENT The Employer hereby retains and appoints the Claim Administrator to provide services as hereinafter described in connection with the administration of the Plan SECTION 2 AGREEMENT DEFINITIONS 21 Administrative Charge means the monthly service charge that is required by the Claim Administrator for the administrative services performed under this Agreement The Administrative Charges is indicated in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA of this Agreement 22 Allowable Amount means the maximum amount determined by the Claim Administrator to be eligible for consideration of payment for a Covered Service in accordance with the type of medical and dental benefits coverages elected on the most current Exhibit 5 ASO BPA a For Medical Covered Services The Allowable Amount means i For Network Providers For a Provider who has a written agreement with the Claim Administrator or another Blue Cross andor Blue Shield Plan to provide care to a Covered Person at the time Covered Services for medical benefits are rendered Network Provider the contracting Allowable Amount is based on the terms of the Network Providers contract and the payment methodology in effect on the date of the Covered Service The payment methodology used may include diagnosisrelated groups DRG fee schedule package pricing global pricing per diems case rates discounts or other payment methodologies ii For Non Network Providers For a Provider who does not have a written agreement with the Claim Administrator or another Blue Cross and or Blue Shield Plan to provide care to a Covered Person at the time Covered Services for medical benefits are rendered NonNetwork Provider the Allowable Amount will be the lesser of a the Non Network Providers Claim Charge or b the Claim Administrators non contracting Allowable Amount Except as otherwise provided in this section ii the non contracting Allowable Amount is developed from base Medicare reimbursements adjusted by a predetermined factor established by the Claim Administrator Such factor shall be not less than 75 and will exclude any Medicare adjustmentswhich is are based on information on the Claim Notwithstanding the preceding sentence the non contracting Allowable Amount for Home Health Care is developed from base Medicare national per visit amounts for low utilization payment adjustment LUPA episodes by Home Health discipline type adjusted for duration and adjusted by a predetermined factor established by the Claim Administrator Such factor shall be not less than 75 and shall be updated on a periodic basis HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 4 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement When a Medicare reimbursement rate is not available or is unable to be determined based on the information submitted on a Claim the non contracting Allowable Amount for Non Network Providers will represent an average contract rate in aggregate for Network Providers adjusted by a predetermined factor established by the Claim Administrator Such factor shall be not less than 75 and shall be updated not less than every two years The Claim Administrator will utilize the same Claim processing rules and or edits that it utilizes in processing Network Provider Claims for processing Claims submitted by Non Network Providers which may also alter the Allowable Amount for a particular Covered Service In the event the Claim Administrator does not have any Claim edits or rules the Claim Administrator may utilize the Medicare claim rules or edits that are used by Medicare in processing the Claims The Allowable Amount will not include any additional payments that may be permitted under the Medicare laws or regulations which are not directly attributable to a specific Claim including but not limited to disproportionate share and graduate medical education payments Any change to the Medicare reimbursement amount will be implemented by the Claim Administrator within ninety 90 days after the effective date that such change is implemented by the Centers for Medicaid and Medicare Services or its successor The non contracting Allowable Amount does not equate to the ProvidersClaim Charge and Covered Persons receiving Covered Services from a Non Network Provider will be responsible for the difference between the non contracting Allowable Amount and the Non Network Providers Claim Charge and this difference may be considerable To find out the Claim Administratorsnon contracting Allowable Amount for a particular Covered Service Covered Persons may call customer service at the number on the back of the Claim Administrator issued identification card iii For multiple surgeries The Allowable Amount for Covered Services for all surgical procedures performed on the same Covered Person on the same day will be the amount for the single procedure with the highest Allowable Amount plus a determined percentage of the Allowable Amount for each of the other Covered Service procedures performed iv For procedures services or supplies provided to Medicare recipients The Allowable Amount will not exceed Medicareslimiting charge b For Prescription Drug Covered Services The Allowable Amount for a Provider which has a written agreement with the Claim Administrator to provide prescription drug services to a Covered Person at the time Covered Services for prescription drug benefits are rendered Network Provider Pharmacies and the MailOrder Program will be based on the provisions of the contract between the Claim Administrator and such pharmacy or such pharmacy for the Mail Order Program in effect on the date of the Covered Service The Allowable Amount for a Provider which does not have a written agreement with the Claim Administrator to provide prescription drug services to a Covered Person at the time Covered Services for prescription drug benefits are rendered NonNetwork Provider Pharmacies will be based on the Average Wholesale Price AWP c For Dental Covered Services Ifdental benefits coverage is elected on the most current Exhibit 5 ASO BPA the Allowable Amount means i For Contracting Dentists For a Provider who has a written agreement with the Claim Administrator to provide care to a Covered Person at the time Covered Services for dental benefits are rendered Contracting Dentist the Allowable Amount is based on the terms of the Contracting Dentists contract with the Claim Administrator and the Claim Administratorsmethodology in effect on the date of the Covered Service The methodology used may include relative value global pricing or a combination of methodologies ii For Non Contracting Dentists For a Provider who does not have a written agreement with the Claim Administrator to provide care to a Covered Person at the time Covered Services for dental benefits are rendered Non Contracting Dentist the Allowable Amount is based on the amount the Claim Administrator would pay for the same Covered Service if performed or provided by a Contracting Dentist Unless otherwise stipulated by a contract between a dental Provider and the Claim Administrator iii For Covered Services performed in Texas The Allowable Amount is based upon the applicable methodology for dentists with similar experience andor skills iv For Covered Services performed outside Texas The Allowable Amount will be established by identifying dentists with similar experience or skills in order to establish the applicable amount for the Covered Service v For multiple surgical procedures performed in the same operative area The Allowable Amount for Covered Services for all surgical procedures performed on the same Covered Person on the same day will be the amount HCSC TX Gen ASA Med Non ERISA REG CF Rev 912 5 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement for the single procedure with the highest Allowable Amount plus an additional Allowable Amount for covered supplies or services vi When a less expensive professionally acceptable service supply or procedure is available The Allowable Amount will be based upon the most economical supply appliance or level of dental Covered Service that is appropriate for the safe and effective treatment of the Covered Person This is not a determination of whether aserviceisDentallyNecessarybutmerelyacontractualbenefitallowanceofadentalCoveredService The Allowable Amount for all dental Covered Services also includes the administration of any local anesthesia and necessary infection control as required by state and federal mandates 23 Alternative Compensation Arrangement Payments means additional payments made to Network Providers for Covered Services for which no formal Claim form may be submitted including but not limited to capitation payments performance based reimbursement payments care coordination payments and other alternative funding arrangements as set forth in Claim Administratorsarrangement with the Network Provider 24 Certificate of Creditable Coverage means a document which is generated for Covered Persons terminating coverage under the Plan The certificate is provided to Covered Persons as evidence for credit of health coverage held under the Plan during the term of this Agreement 25 Claim means notification in a form acceptable to the Claim Administrator that service has been rendered or furnished to a Covered Person This notification must set forth in full the details of such service including but not limited to the Covered Persons name age sex and identification number the name and address of the Provider a specific itemized statement of the service rendered or furnished the date of service applicable diagnosis the ClaimChargeandanyotherinformationwhichtheClaimAdministratormayrequestinconnectionforsuchservice 26 Claim Charge means the amount which appears on a Claim as the Providersregular charge for service rendered to a patient without further adjustment or reduction 27 Claim Payment means the benefit calculated by the Claim Administrator plus any related Surcharges upon submission of a Claim in accordance with the benefits specified in the Plan All Claim Payments shall be calculated on the basis of the ProvidersAllowable Amount for Covered Services rendered to the Covered Person Claim Payment also includes Employers pro rata share of Alternative Compensation Arrangement Payments 28 Covered Employee shall have the same meaning as defmed in the EmployersPlan 29 Covered Person shall have the same meaning as defmed in the EmployersPlan 210 Covered Service means a service or supply specified in the Plan for which benefits will be provided 211 ERISA means the Employee Retirement Income Security Act of 1974 as amended 212 Fee Schedule means the specifications setting out certain particulars of this Agreement as set forth in Exhibit 5 ASO BPA of this Agreement including but not limited to the Administrative Charge and other service charges or any such other subsequent set of specifications supplied by the Claim Administrator as set forth in a subsequent ASO BPA as replacement to the initial Exhibit 5 ASO BPA The specifications or items of the Fee Schedule shall be applicable to the Fee Schedule Period therein except that any item of the Fee Schedule may be changed in accordance with such Exhibit 2s COMPENSATION TO CLAIM ADMINISTRATOR provisions 213 Fee Schedule Period means the period of time indicated in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA ofthis Agreement 214 Group Health Plan means as applied to this Agreement the self insured employee benefit plan as defined by Section 160103 of the Health Insurance Portability and Accountability Act of 1996 215 HIPAA means the Health Insurance Portability and Accountability Act of 1996 216 Home Health Agency means a business that provides Home Health Care and is licensed approved or certified by the appropriate agency of the state in which it is located or be certified by Medicare as a supplier of Home Health Care 217 Home Health Care means the health care services for which benefits are provided under the Plan when such services are provided during a visit by a Home Health Agency to patients confined at home due to a sickness or injury requiring skilled health services on an intermittent part time basis 218Network means identified Providers including physicians other professional health care providers hospitals ancillary providers and other health care facilities that have entered into agreements with the Claim Administrator and in some instances with other participating Blue Cross andor Blue Shield Plans for participation in a participating provider option health benefit coverage program if applicable to the Plan under this Agreement HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 6 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement 219 Provider means any hospital health care facility laboratory person or entity duly licensed to render Covered Services to a Covered Person or any other provider of medical or dental services products or supplies which are Covered Services 220 Supplemental Charge means a charge for costs due and payable to the Claim Administrator by the Employer that is separate and apart from the service charges detailed in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA of this Agreement A Supplemental Charge may be applied for any customized reports forms or other materials or for any additional services or supplies not documented in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA Such services andor supplies and any applicable Supplemental Chargesare to be agreed upon by the parties in writing prior to the Claim Administrators performance andorprovision of such 221 Surcharges means state or federal taxes surcharges or other fees including but not limited to World Access Fees paid by the Claim Administrator which are imposed upon or resulting from this Agreement 222 Timely means the following unless an alternative standard is specified in this Agreement or is mutually agreed to by the parties in writing a With respect to all payments due the Claim Administrator by the Employer under this Agreement within ten 10 calendar days of notification of the Employer by the Claim Administrator or b With respect to all information due the Claim Administrator by the Employer concerning Covered Persons within thirtyone 31 calendar days of a Covered Personseffective date of coverage or change in coverage status under the Plan or c With respect to all Plan information due the Claim Administrator by the Employer upon the effective date of this Agreement and at least ninety 90 calendar days prior to the effective date of change or amendment to the Plan thereafter 223 World Access Fee means the Surcharge imposed upon the Claim Administrator under the BlueCard Worldwide program for the administration of an international Claim SECTION 3 SERVICES TO BE PROVIDED BY THE CLAIM ADMINISTRATOR 31 Subcontractors During the continuance of this Agreement the Claim Administrator will perform such services as set forth in Exhibit 1 of this Agreement attached hereto and made a part hereof The Claim Administrator at its sole discretion may contract with other entities for performance of any of the services to be performed by the Claim Administrator hereunder provided however the Claim Administrator shall remain fully responsible and liable for performance of any such services to be performed by the Claim Administrator but delegated to other entities 32 Subsidiaries Further any of the services to be performed by the Claim Administrator under this Agreement may be performed by the Claim Administrator or any of its subsidiaries including any successor corporation whether by merger consolidation or reorganization without prior written approval by the Employer Any reference in this Agreement to the Claim Administrator shall include its directors officers and employees as well as the directors officers and employees of any of its subsidiaries and the Claim Administrator shall be responsible and liable for all performance or failure to perform by such subsidiaries in connection with this Agreement HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 7 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement SECTION 4 CERTAIN RESPONSIBILITIES OF THE EMPLOYER AND THE CLAIM ADMINISTRATOR 41 Employer responsibility The Employer retains full and final authority and responsibility for the Plan and its operation The Claim Administrator is empowered to act on behalf of the Employer in connection with the Plan only as expressly stated in this Agreement or as mutually agreed to in writing by the parties hereto 42 Claim Administrator responsibility The Claim Administrator shall have no responsibility for or liability with respect to the compliance or non compliance of the Plan with any applicable federal state and local rules laws and regulations and the Employer shall have the sole responsibility for and shall bear the entire cost of compliance with all federal state and local rules laws and regulations including but not limited to any licensing filing reporting modification requirements and disclosure requirements as may apply to the Plan and all costs expenses and fees relating thereto provided however the Claim Administrator shall have the responsibility for and bear the cost of compliance with any federal state or local laws as may apply to the Claim Administrator in connection with the performance of its obligations under this Agreement 43 Litigation Each party shall to the extent possible advise the other party of any legal actions against it or the other party which involve the Plan or the obligations of either party under the Plan or this Agreement The Employer shallundertakethedefenseofsuchactionandberesponsibleforthecostsofdefenseprovidedhoweverthattheClaim Administrator shall have the option at its sole discretion to employ attorneys selected by it to defend any such action the costs and expenses of which shall be the responsibility of the Claim Administrator It is further agreed that each party provided no conflicts of interest exist shall fully cooperate with the other party in the defense of any action arising out of matters related to the Plan or this Agreement 44 Claim overpayments The Employer acknowledges that unintentional administrative errors may occur When the Claim Administrator becomes aware of a Claim overpayment the Claim Administrator will make a diligent attempt to recover any such payment The Claim Administrator however will not be required to enter into litigation to obtain a recovery unless specifically provided for elsewhere in this Agreement nor will the Claim Administrator be required to reimburse the Plan except for gross negligence or intentional acts by the Claim Administrator 45 Required Plan information The Employer shall furnish on a Timely basis to the Claim Administrator certain information concerning the Plan and Covered Persons as may from time to time be required by the Claim Administrator for the performance of its duties including but not limited to the following a All documents by which the Plan is established and any amendments or changes to the Plan b All data as may be required by the Claim Administrator regarding Covered Persons who are to be covered under this Agreement It is the Employersobligation to Timely notify the Claim Administrator of any change in a Covered Persons statusunderthisAgreementAllsuchnotificationsbytheEmployertotheClaimAdministratorincludingbutnotlimitedto forms and tapes must be furnished in a format mutually agreed to by the parties and must include all information reasonably required by the Claim Administrator to effect such changes 46 Plan eligibility errors Clerical errors in keeping or reporting data relative to coverage under this Agreement will not invalidate coverage that would otherwise be validly in force or continue coverage which would otherwise validly terminate Such errors will be corrected by the Claim Administrator subject to the terms and conditions of this Agreement and the Claim Administratorsreasonable administrative practices in the administration of the Plan including but not limited to those related to Timely notification of a change in a Covered Persons status The Employer is liable for any benefits paid for a terminated Covered Person until the Employer has notified the Claim Administrator of such Covered Persons termination 47 Claim information disclosure The Claim Administrator will disclose Claim information in accordance with HIPAA privacy regulations and the Business Associate Agreement entered into by the parties HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 8 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement 48 Electronic exchange of information In the event the Employer and the Claim Administrator exchange various data and information electronically the Employer agrees to transfer on a Timely basis all required data to the Claim Administrator via electronic transmission on the intranet and or inteanet or otherwise in a format mutually agreed to by the parties Further the Employer is responsible for maintaining any enrollment applications and change forms completed by Covered Persons and to allow the Claim Administrator reasonable access to this information as needed for administrative purposes The Employer authorizes the Claim Administrator to submit reports data and other information to the Employer in the electronic format mutually agreed to by the parties In the event the Employer is unable or unwilling to transfer data in the electronic format mutually agreed to by the parties the Claim Administrator is under no obligation to receive or transmit data in any other format unless required by law to do so In the event garbled or intercepted transmissions occur the parties agree to redirect the information via another mutually agreeable means SECTION 5 THIRD PARTY DATA RELEASE 51 Types of data and use In the event the Employer directs the Claim Administrator to provide data directly to its third party consultant andor vendor and the Claim Administrator accepts the Employer acknowledges and agrees and will cause its third party consultant andor vendor to acknowledge and agree a The personal and confidential nature of the requested documents records and other information for purposes of this Section 5 Confidential Information b Release of the Confidential Information may also reveal the Claim Administratorsconfidential business proprietary and trade secret information for purposes of this Section 5 Proprietary Information c To maintain the confidentiality of the Confidential Information and any Proprietary Information for purposes of this Section 5 collectively Information d Not to use the name logo trademark or any description of each other or any subsidiary of each other in any advertising promotion solicitation or otherwise without the express prior written consent of the consenting party with respect to each proposed use 52 Third party obligations The third party consultant andor vendor shall a Use the Information only for the purpose of complying with the terms and conditions of its contract with the Employer b Maintain the Information at a specific location under its control and take reasonable steps to safeguard the Information and to prevent unauthorized disclosure of the Information to third parties including those of its employees not directly involved in the performance of duties under its contract with the Employer c Advise its employees who receive the Information of the existence and terms of these provisions and of the obligations of confidentiality herein d Use and require its employees to use at least the same degree of care to protect the Information as is used with its own proprietary and confidential information e Not duplicate the Information furnished in written pictorial magnetic andor other tangible form except for purposes of this Agreement or as required by law f Execute the Claim Administratorsthen current confidentiality agreement HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 9 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement 53 Employer obligations The Employer shall a Designate the third party consultant andor vendor on the appropriate HIPAA documentation b Provide the Claim Administrator with the appropriate authorization and specific written directions with respect to data release or exchange with the third party consultant andor vendor c To the extent permitted by applicable law including but not limited to the laws and Constitution of the State of Texas defend at the Claim Administratorsrequest and hold harmless the Claim Administrator and its employees officers directors and agents against any and all losses liabilities damages penalties and expenses including attorneys fees and costs or other cost or obligation resulting from or arising out of claims lawsuits demands settlements or judgments brought against the Claim Administrator in connection with any claim based upon the Claim Administrators disclosure to the third party consultant andor vendor of any information andor documentation regarding any Covered Person at the direction of the Employer or breach by the third party consultant and or vendor of any obligation described in this Agreement SECTION 6 REFERRAL OF CERTAIN CLAIMSINQUIRIES As provided in this Agreement the Claim Administrator will receive eligibility information review and process Claims and respond to customer inquiries however the Claim Administrator does not have final authority to determine Covered Persons eligibility or to establish or construe the terms and conditions of the Plan Therefore in certain instances the Claim Administrator may refer certain Claims to the Employer for review and final decision Such referral shall be at the sole discretion of the Claim Administrator SECTION 7 CLAIM DISPUTE RESOLUTION 71 Claim Appeals After exhaustion of all remedies offered by the Claim Administrator a Covered Person may appeal all adverse determinations with the Employer The Claim Administrator will cooperate in providing Claim information pursuant to Section 4 above 72 Claim reviews On occasion the Claim Administrator may deny all or part of submitted Claims The Claim Administrator will provide a full and fair review of any determination of a Claim any determination of a request for pre authorization and any other determination made in accordance with the benefits and procedures detailed in the Plan SECTION 8 FINAL DETERMINATION OF CLAIMSINQUIRIES 81 Employer authority and responsibility The Employer retains the final authority and responsibility to establish and construe the terms and conditions of the Plan and to determine Covered Persons eligibility 82 Referrals to Employer Certain claims andor inquiries will be referred to the Employer for final review and determination in the following instances a When Claims for services do not appear to qualify for payment under the Plan claims or inquiries where there is a question of eligibility claims where there is a question as to the amount of payment due and claims involving litigation or the threat of litigation and b When a Covered Person chooses to appeal adverse determinations with the Employer after exhaustion of all remedies offered by the Claim Administrator SECTION 9 COOPERATION OF THE PARTIES The parties shall use their best efforts to cooperate with and assist each other as applicable in the performance of their duties under this Agreement HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 10 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement SECTION 10 HIPAA CERTIFICATE OF CREDITABLE COVERAGE 101 HIPAA requirement The Health Insurance Portability and Accountability Act of 1996 HIPAA requires the preparation and distribution of a Certificate of Creditable Coverage to individuals who terminate coverage under the EmployersGroup Health Plan 102 Responsible party In accordance with the Employerselection indicated on the most current Exhibit 5 ASO BPA of this Agreement a If the Employer elects the Claim Administrator to issue certificates the Claim Administrator shall issue a Certificate of Creditable Coverage consistent with the requirements under HIPAA The Certificate of Creditable Coverage shall be based upon coverage under the Plan during the term of this Agreement and information provided to the Claim Administrator by the Employer b If the Employer does not elect the Claim Administrator to issue certificates the Employer acknowledges that the Claim Administrator is not the Group Health Plan issuer offering group coverage under the Group Health Plan nor the plan administrator and therefore the Claim Administrator has no obligation to prepare or distribute a Certificate of Creditable Coverage The Employer further acknowledges that the obligation to provide such Certificate of Creditable Coverage is the obligation of the Employer SECTION 11 INDEMNIFICATION 111 Claim Administrator indemnifies Employer The Claim Administrator hereby agrees to indemnify and hold harmless the Employer and its directors officers and employees against any and all loss liability damages penalties and expenses including attorneys fees or other cost or obligation resulting from or arising out of claims lawsuits demands settlements or judgments with respect to the Plan or this Agreement resulting from or arising out of any acts or omissions of the Claim Administrator or its directors officers or employees which have been adjudged to be i grossly negligent dishonest fraudulent or criminal or ii in material breach of the terms of this Agreement provided however notwithstanding anything herein to the contrary pursuant to Section 122 below the Claim Administrator shall be responsible for the correction of Claim Payment errors by the Claim Administrator 112 Employer indemnifies Claim Administrator The Claim Administrator does not insure or underwrite the liability of the Employer under the Plan and has no responsibility for designing the terms of the Plan or the benefits to be provided thereunder The Employer retains the ultimate responsibility for claims under the Plan and all expenses incident to the Plan except as specifically undertaken in this Agreement by the Claim Administrator To the extent permitted by applicable law including but not limited to the laws and Constitution of the State of Texas the Employer agrees to indemnify and hold harmless the Claim Administrator and its directors officers and employees against any and all loss liability damages penalties and expenses including attorneys fees or other cost or obligation resulting from or arising out of claims lawsuits demands settlements or judgments brought against the Claim Administrator in connection with the design or administration of the Plan unless the liability therefor was the direct consequence of the acts or omissions of the Claim Administrator or its directors officers or employees and is adjudged to be igrossly negligent dishonest fraudulent or criminal or ii in material breach of the terms of this Agreement provided however notwithstanding anything herein to the contrary pursuant to Section 122 below the Claim Administrator shall be responsible for the correction of Claim Payment errors by the Claim Administrator Examples of such actions brought against the Claim Administrator in connection with the design and administration of the Plan include but are not limited to the following a Any claim in connection with a claim for benefits under the Plan b Any claim based upon the disclosure of any information regarding a Covered Person by the Claim Administrator to the Employer c Any claim in connection with un Timely andor inaccurate eligibility data or Claim information data provided by the Employer to the Claim Administrator or any such data provided by the Employer in a format not approved by the Claim Administrator d Any claim arising from the Employers use or posting of electronic files on the intranet andor internet pursuant to Section 17 below HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 11 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement e Any claim that may arise from or in connection with the Claim Administrators suspension of Claim Payments due to the Employers failure to pay when due any amounts owed the Claim Administrator under this Agreement andor the termination of this Agreement in accordance with Section 132 below f Any claim arising from the Employersdirective to the Claim Administrator to print Employer assigned unique identification numbers on membership identification cards or to otherwise use such assigned numbers in violation of any applicable federal state and local rules laws and regulations g Any claim arising from the Employers directive to the Claim Administrator to include mutually agreed upon Employer Summary Plan Description information in Claim Administrator prepared benefit booklets for distribution to Covered Persons h Any claim arising from Plan documentation and compliance with reporting and disclosure requirements applicable to the Plan Document and Summary Plan Description i Any claim based upon Medicare Secondary Payer MSP laws or regulations including but not limited to the untimely and or inaccurate provision by the Employer to the Claim Administrator of Employer Acknowledgement Forms EAFs as and when requested by the Claim Administrator j Any claim that may arise from or in connection with the Claim Administrators issuance of Certificates of Creditable Coverage if elected on the most current Exhibit 5 ASO BPA based upon un Timely andor inaccurate data provided by the Employer to the Claim Administrator with respect to individuals whose coverage under this Agreement terminates k Any claim that may rise from or in connection with the Claim Administratorsissuance of written statements of creditable coverage andor the filing of electronic reports to the Massachusetts Department of Revenue if elected on the most current Exhibit 5 ASO BPA based upon untimely andor inaccurate data or certification provided by the Employer to the Claim Administrator with respect to Covered Persons under the Agreement subject to the Massachusetts Health Care Reform Act SECTION 12 AUDIT AND CORRECTION OF AUDIT ERRORS 121 Employer audits Claim Administrator During the term of this Agreement and within one hundred eighty 180 days after its termination the Employer or an authorized agent of the Employer subject to Claim Administrators reasonable approval may upon at least ninety 90 days prior written notice to the Claim Administrator conduct reasonable audits of records related to Claim Payments to verify that Claim Administrators administration of the covered health care benefits is performed according to the terms of this Agreement and the benefits specified in the Plans The audit must be free of bias influence or conflict of interest Contingency fee based audits are deemed to have an inherent conflict of interest and will not be supported by Claim Administrator Audit samples will be limited to no more than three hundred 300 randomly selected Claims The Employer will be responsible for all costs associated with the audit Employer will reimburse Claim Administrator for any reasonable personnel time in excess of eighty 80 person hours required to support audits conducted during the term of this Agreement Employer will reimburse Claim Administrator for all reasonable expenditures necessary to support audits conducted after termination of this Agreement All such audits shall be subject to the Claim Administrators current external audit policy and procedures a copy of which shall be furnished to the Employer upon request to the Claim Administrator The audit period will be limited to the current Agreement year and the immediately preceding Agreement year No more than one 1 audit shall be conducted during a twenty four 24 consecutivemonth period except as required by state or federal government agency or regulation The Employer and such agent that have access to the information and files maintained by the Claim Administrator will agree not to disclose any proprietary information and to hold harmless and indemnify the Claim Administrator in writing of any liability from disclosure of such information by executing an Audit Agreement with the Claim Administrator that sets forth the terms and conditions of the audit 122 Errors identified The Claim Administrator shall be responsible only for the correction of errors identified in specific Claim Payments subject to the terms and conditions of the Agreement and shall not be responsible for errors calculated to exist in a population of Claim Payments on the basis of a sample drawn from that population Further the Claim Administrator has the right to implement reasonable administrative practices in the administration of this Agreement 123 Claim Administrator audits Employer During the term of this Agreement and within one hundred eighty 180 days after its termination the Claim Administrator may upon at least thirty 30 days prior written notice to the Employer conduct reasonable audits of Employersmembership records with respect to eligibility HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 12 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement SECTION 13 TERM AND TERMINATION OF AGREEMENT 131 Term This Agreement will continue in full force and effect from the effective date and continue from year to year unless terminated as provided herein 132 Termination This Agreement may be terminated as follows a By either party at the end of any month after the end of the Fee Schedule Period indicated in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA upon ninety 90 days prior written notice to the other party or b By both parties on any date mutually agreed to in writing or c By either party in the event of fraud misrepresentation of a material fact or not complying with the terms of this Agreement upon written notice as provided under Section 22 below d By the Claim Administrator upon the Employersfailure to pay all amounts due under this Agreement including but not limited to all amounts pursuant to and in accordance with the specifications of the Fee Schedule of the most current Exhibit 5 ASO BPA 133 Notice of termination to Covered Employees If this Agreement is terminated pursuant to this Section 13 the Employer agrees to notify all Covered Employees The parties agree that the Employer will give such notice because the Employer maintains direct and ongoing communication with and maintains current addresses for all such Covered Employees SECTION 14 RELATIONSHIP OF PARTIES 141 Regarding the parties The Claim Administrator is an independent contractor with respect to the Employer Neither party shall be construed represented or held to be an agent partner associate joint venturer nor employee of the other Further nothing in this Agreement shall create or be construed to create the relationship of employer and employee between the Claim Administrator and the Employer nor shall the Employersagents officers or employees be considered or construed to be considered employees of the Claim Administrator for any purpose whatsoever 142 Regarding nonparties It is understood and agreed that nothing contained in this Agreement shall confer or be construed to confer any benefit on persons who are not parties to this Agreement including but not limited to employees of the Employer and their dependents 143 Exclusivity The Employer agrees not to engage any other party to perform the same services that the Claim Administrator performs hereunder while this Agreement is in effect unless the Employer gives notice of termination pursuant to the terms of this Agreement 144 Assignment Notwithstanding anything to the contrary in Section 3 of this Agreement 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 The Claim Administratorsstanding contractual arrangements for the acquisition and use of facilities services supplies equipment and personnel shall not constitute an assignment under this Agreement HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 13 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement SECTION 15 NON ERISA GOVERNMENT REGULATIONS 151 In relation to the Plan Although the Employer is exempt from ERISA the Employer hereby acknowledges i itsemployeebenefitplanisestablishedandmaintainedthroughaseparateplandocumentwhichmayincludetheterms hereof or incorporate the terms hereof by reference and ii its employee benefit plan document may provide for the allocation and delegation of responsibilities thereunder However notwithstanding anything contained in the Plan or any other employee benefit plan document of the Employer the Employer agrees that no allocation or delegation of any fiduciary or non fiduciary responsibilities under the Plan or any other plan document of the Employer is effective with respect to or accepted by the Claim Administrator 152 In relation to the Plan AdministratorNamed Eiduciaryies The Claim Administrator is not the plan administrator of the Employersseparate employee benefit plan and is not a fiduciary of the Employer the plan administrator or of the Plan 153 In Relation to the Claim AdministratorsResponsibilities The Claim Administratorsresponsibilities hereunder are intended to be limited to those of a contract claims administrator rendering advice to and administering claims on behalf of the plan administrator of the Employers plan As such the Claim Administrator is intended to be a serviceproviderbutnotafiduciarywithrespecttotheEmployersemployeebenefitplanTheEmployeracknowledgesandagreesthattheClaimAdministratormayrenderadvicewithrespecttoclaimsandadministerclaimsonbehalfofthe plan administrator of the Employersbenefit plan The Claim Administrator has no other authority or responsibility with respect to Employers employee benefit plan SECTION 16 PROPRIETARY MATERIALS 161 Types of materials as used by the parties The parties acknowledge that each party has developed operating manuals certain symbols trademarks service marks designs data processes plans procedures and information all of which are proprietary information Business Proprietary Information Neither party shall use or disclose to any third party Business Proprietary Information without prior written consent of the other party Neither party shall use the name symbols copyrights trademarks or service marks Proprietary Marks of the other party or the other partys respective clients in advertising or promotional materials without prior written consent of the other party provided however that the Claim Administrator may include the Employer in its list of clients 162 Claim AdministratorAssociation ownership The Employer acknowledges that the Claim Administrators Proprietary Marks and Business Proprietary Information are the sole property of the Blue Cross and Blue Shield Association or of the Claim Administrator and agrees not to contest the Blue Cross and Blue Shield Associationsor the Claim Administrators ownership or the license granted to the Claim Administrator for use of such Proprietary Marks 163 Infringement The Claim Administrator agrees not to infringe upon dilute or harm the Employersrights in its Proprietary Marks The Employer agrees not to infringe upon dilute or harm the Blue Cross and Blue Shield Associations ownership rights or the Claim Administrators rights as a licensee in its Proprietary Marks SECTION 17 ELECTRONIC DOCUMENTS 171 Employers consentintended use The Employer consents to receive via an electronic file or access to an electronic file any document the Employer requests from the Claim Administrator describing the benefits under or the administration of the Plan 172 Employer acknowledgementresponsibilities The Employer further acknowledges and agrees that it is solely responsible for providing employees access via the intranet inteanet or otherwise to the most current version of any electronic file provided to the Employer by the Claim Administrator at the Employersrequest In addition in all instances the electronic file of the most current document issued to the Employer by the Claim Administrator for use by the Employer is the legal document used to administer the Employers Plan and will prevail in the event of anyconflictbetweensuchelectronicfileandanyotherelectronicorpaperfileTheEmployerissolelyresponsibleforany and all claims for loss liability or damages arising either directly or indirectly from the use or posting of the electronic file on the intranet andor inteanet SECTION 18 RECORDS HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 14 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement All Claim records excluding any and all of the Claim Administrators Business Proprietary Information in the possession of the Claim Administrator are and shall remain the property of the Employer upon termination of this Agreement The Claim Administrator shall return such property upon request in a form as agreed upon by the parties at the cost of preparing such property for transmittal to be borne by the Employer All such Claim records shall be retained by the Claim AdministratoruntiltheClaimAdministratorreceivesarequestfromtheEmployerfortransmittalorforaperiodoften10yearsfromthe date of a Claimsadjudication whichever occurs first SECTION 19 APPLICABLE LAW This Agreement shall be governed by and shall be construed in accordance with the laws of the state of Texas without regard to any state choiceoflaw statutes and any applicable federal law All disputes arising out of this Agreement will be resolved in Texas SECTION 20 ENTIRE AGREEMENT 201 Definition This Agreement including all Exhibits and Addenda represents the entire agreement and understandings of the parties hereto and all prior agreements understandings representations and warranties whether written or oral inregardtothesubjectmatterhereofincludinganyproposaldocumentsubmittedbytheClaimAdministratortothe Employer pursuant to this Agreement are and have been merged herein to the extent applicable In the event of a conflict the provisions of this Agreement and the Exhibits and Addenda of this Agreement shall prevail 202 Components The Exhibits and Addenda of this Agreement as of the Agreementseffective date are a Exhibit 1 Claim Administrator Services b Exhibit 2 Fee Schedule Financial Responsibilities Required Disclosures c Exhibit 3 Recovery Litigation Authorization d Exhibit 4 COBRA Health Benefit Continuation Coverage e Exhibit 5 ASO Benefit Program Application ASO BPA 203 Amending This Agreement may be amended or altered in any of its provisions including the addition or deletion of any Exhibits andor Addenda as provided herein by the parties hereto and any such change shall become effective when reduced to writing and signed by an authorized representative of the parties or at such time as said amendment may provide SECTION 21 LIMITATIONS No civil action shall be brought to recover under this Agreement after the expiration of three 3 years from the date the 1 cause of action accrued SECTION 22 NOTICE AND SATISFACTION Unless specifically stated otherwise in this Agreement the Employer and the Claim Administrator agree to give one another written notice pursuant to Section 26 Notices below of any complaint or concern the other party may have about the performance of obligations under this Agreement and to allow the notified party thirty 30 days in which to make necessary adjustments or corrections to satisfy the complaint or concern prior to taking any further action with regard to such SECTION 23 LIMITATION OF LIABILITY Liability for any errors or omissions by the Claim Administrator or its officers directors employees agents or independent contractors in the administration of this Agreement or in the performance of any duty or responsibility contemplated by this Agreement shall be limited to the maximum benefits which should have been paid under this Agreement had the errors or omissions not occurred including the Claim Administrators share of any arbitration expenses incurred unless any such errors or omissions are adjudged to be the result of intentional misconduct gross negligence or intentional breach of a duty under this Agreement by the Claim Administrator HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 15 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement SECTION 24 DISPUTE RESOLUTION 241 Initial Negotiation Any dispute arising out of or relating to this Agreement shall be resolved in accordance with theproceduresspecifiedinthisSection24whichshallbethesoleandexclusiveproceduresfortheresolutionofanysuch disputes All negotiations pursuant to this Section 24 are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence In the event the parties fail to agree with respect to any matter covered herein the question in dispute shall be resolved as contained in this Section 24 242 Deferring to mediation selection mediators Each party will name at least two and no more than three potential mediators complete with resume who are located in Texas If the parties cannot mutually agree on a single mediator each party may strike all but one of the other partys proposed mediators leaving a total of two names The parties shall then select a name by coin toss It is the intent of the parties that mediation be scheduled as soon as practical once the mediator is determined The cost of the mediator shall be divided evenly by the parties whether or not the mediation results in resolution of the matters in controversy 243 Deferring to arbitrationselecting an arbitrator In the event mediation does not result in resolution of the disputed matters and a deadlock continues to exist the matters in dispute may if both parties agree in writing be submitted for arbitration in Texas If the parties do not agree to binding arbitration either party may pursue any remedy in a court of competent jurisdiction in Harris County Texas If binding arbitration is agreed upon by both parties tthe parties fail to agree with respect to any matter covered herein the question in dispute shall be submitted for arbitration in Texas The arbitrator shall be selected as follows SECTION 25 OBLIGATION TO CONTINUE PERFORMANCE Except as provided otherwise in this Agreement each party is required to continue to perform its obligations under this Agreement pending final resolution of any dispute arising out of or relating to this Agreement SECTION 26 NOTICES 261 How to notify All notices given under this Agreement must be in writing and shall be deemed to have been given for all purposes when personally delivered and received or when deposited in the United States mail firstclass postage prepaid and addressed to the parties respective contact names at their respective addresses or when transmitted by facsimile via their respective facsimile numbers as indicated on the most current Exhibit 5 ASO BPA of this Agreement 262 Change of address Each party may change such notice mailing andor transmission information upon Timely prior written notification to the other party SECTION 27 SEVERABILITY Should any provisionscontained 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 provisions unless such construction were to materially change the terms and conditions of this Agreement SECTION 28 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 HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 16 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement SECTION 29 FORCE MAJEURE Neither party shall be liable for any failure to Timely 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 SECTION 30 INDUSTRY IMPROVEMENT RESEARCH AND SAFETY Notwithstanding any other provision of this Agreement Claim Administrator may use and or disclose a limited data set or de identified data for purposes of providing the services under this Agreement and for other purposes required or permitted by applicable law the Permitted Purposes as defined herein For purposes of this paragraph Permitted Purposes means the studies analyses or other activities that are designed to promote quality health care outcomes manage health care and administrative costs and enhance business and plan performance including but not limited to utilization studies cost analyses benchmarking modeling outcomes studies medical protocol development normative studies quality assurance credentialing network management network development fraud and abuse monitoring or investigation administrative or process improvement cost comparison studies or reports for actuarial analyses For purposes of this paragraph a limiteddatasethasthemeaningsetforthinHIPAAanddeidentifiedmeansbothmemberdeidentificationasdefinedby HIPAA and Employer deidentification unless the work is being done in connection with the EmployersPlan Solely for the Permitted Purposes the Claim Administrator may release or authorize the release of a limited data set or de identified data to a third party data aggregation service or data warehouse and its customers Such data warehouse and data aggregation service providers may charge their customers a fee for such services Nothing in the paragraph is intended to expand or limit the terms and conditions of the Business Associate Agreement with respect to the permitted use or disclosure of PHI The foregoing notwithstanding the Blue Cross and Blue Shield Association and its support vendors are permitted to have internal access to the Claim Administrator assigned Employer Group and Identification numbers SECTION 31 CLAIM ADMINISTRATOR USE OF THIRD PARTY RECOVERY VENDOR Recoveries from healthcare providers can arise in several ways including but not limited to anti fraud and abuse recoveries healthcare providerhospital audits credit balance audits data mining utilization review refunds and unsolicited refunds The Claim Administrator may engage a third party to assist in identification or collection of recovery amounts related to Claim Payments made under the Agreement In such event the recovered amounts will be applied according to the Claim Administrators refund recovery policies which generally require correction on a Claim by Claim basis Third parties audit fees associated with such audits and the Claim Administratorsfee for its related administrative expenses to support such third party audits will be paid by the Employer SECTION 32 NOTICE OF ANNUAL MEETING The Employer is hereby notified that it is a Member of Health Care Service Corporation HCSC a Mutual Legal Reserve Company and is entitled to vote either in person by its designated representative or by proxy at all meetings of Members of said Company The annual meeting is held at its principal office at 300 East Randolph Street Chicago Illinois each year on the last Tuesday in October at 1230 PM For purposes of this Agreement the term Member means the group trust association or other entity with which this Agreement has been entered It does not include Covered Employees or Covered Persons under the Plan HCSC TX Gen ASA Med Non ERISA REG CF Rev 912 17 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement EXHIBIT 1 CLAIM ADMINISTRATOR SERVICES CLAIMS ADJUDICATION Examination of Claims and determination of payment levels including data entry of Claims by Claims departments maintenance of Claims experience files use of medical consultants review of utilization and allowable amounts or if dental benefits coverage is elected on the most current Exhibit 5 ASO BPA use of dental consultants and review of allowable amounts and Coordination of Benefits COB EXPLANATION OF BENEFITS EOB Preparation of EOBs CLAIMSMEMBERSHIPINQUIRIES Handling of inquiries written phone or inperson related to membership benefits and Claim Payment or Claim denial ALTERNATIVE PROVIDER COMPENSATION ARRANGEMENTS Employer agrees to participate in other performance based reimbursement and alternative provider compensation arrangements as applicable based on Covered Person criteria established by Claim Administrator Employer agrees that certain benefits will be covered at 100 when a Covered Person meets these criteria and participates in a medical home program and will make any necessary benefit plan changes ENROLLMENT SERVICE Upon Employer request assist Employer in accordance with Claim Administratorsstandard procedures in initial enrollment activities including education of Covered Persons about benefits the enrollment process selection of health care providers and how to file a Claim for benefits issue Claim submission instructions on behalf of Employer to health care providers who render services to Covered Persons CLIENT SERVICES AND MATERIALS Provision ofthose items as elected by Employer from listing below a Enrollment Materials Implementation materials to be provided by Claim AdministratorsMarketing Administration Division during the enrollment process any custom designed materials may be subject to Supplemental Charge b Standard Identification Cards Provision of identification cards appropriate to health benefit Plan coverages selected c Standard Provider Directories Access to Network Provider directories and periodic updates to such if applicable to the health benefit Plan coveragesunder the Agreement d Customer Service Access to toll free customer service telephone number e Medical Pre authorization Helpline For those services determined by Employer and provided in writing to Claim Administrator that require pre authorization advance Claim Administrator review of medical necessity of such services covered under the Plan access to toll free medical pre authorization helpline for Covered Persons and their health care providers to call for assistance MEMBERSHIP VALIDATION Verification of membership by wire listing electronic on line query or other method prior to or during adjudication MEMBERSHIP FILE UPDATES Maintenance of membership status files processing of interplan transfers and processing of contract changes and if elected in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA processing of contract conversions subject to conversion fee as set forth therein OTHER MEMBERSHIP SERVICES Contact Employer andorCovered Employees regarding adding changing or renewing coverage HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 18 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement STANDARD REPORTS Make available Claim data Claim Settlement statements as outlined in Exhibit 2 Section 6 and periodic reports in Claim Administrators standard formats in accordance with Claim Administrators standard reporting policy at no additional charge Any additional reports required by Employer must be mutually agreed upon by the parties in writing prior to their development and may be subject to a Supplemental Charge STOP LOSS COORDINATION Coordinate all necessary reporting tracking notification and other similar financial andor administrative services pursuant to settlements under stop loss policyies purchased from Claim Administrator in conjunction with the Agreement For stop loss coverage purchased from entityies other than Claim Administrator such coordination is limited to this ExhibitsSTANDARD REPORTS to be made available to Employer subject to the Agreements disclosure requirements REPORTING SERVICES Preparation and filing of annual Internal Revenue Service IRS 1099 forms for the reporting of payments to health care providers who render services to Covered Persons and who are reimbursed by the Plan for those services ACTUARIAL AND STATISTICAL Determination of claims projections and pricing of administrative services and stoploss coverage FINANCIAL SERVICES Financial functions such as cash receipts cash disbursements payroll and general ledger processing general accounting preparation of financial statements billing group settlement and wire transfers FRAUD DETECTION AND PREVENTION Identify and investigate suspected fraudulent activity by Providers and or Covered Persons and inform Employer of findings and proof of fraud address any related recovery litigation as set forth in Exhibit 3 of the Agreement BLUE ACCESS FOR EMPLOYERS Provides Employer on line access to conduct a variety of secure membership enrollment reporting administrative and billing transactions faster more accurately and in real time BLUE ACCESS FOR MEMBERS An online resource for personalized information about a Covered Persons health care coverage including but not limited to Claims status email notification when a Claim has been finalized access to health and wellness information verification of dependents covered on their plan and health risk assessment and such other services as become available PROVIDER NETWORKS If applicable to the health benefit Plan coveragesunder the Agreement establish arrange and maintain a Networks through contractual arrangements with Providers within the designated service areas CERTIFICATE OF CREDITABLE COVERAGE If elected on the most current Exhibit 5 ASO BPA At the direction of Employer issuance of Certificates of Creditable Coverage BLUE CARE CONNECTION PROGRAM If elected on the most current Exhibit 5 ASO BPA A program that may include utilization management case management condition management lifestyle management predictive modeling 247 nurseline and access to a personal health manager or such other features as determined by the Employer DISEASECARE MANAGEMENT PROGRAMS Any disease andor care management programsas elected and described on the most current Exhibit 5 ASO BPA MASSACHUSETTS STATEMENTS OF CREDITABLE COVERAGE AND ELECTRONIC REPORTING If elected on the most current Exhibit 5 ASO BPA At the written direction of Employer issuance of written statements of creditable coverage and related electronic reporting to the Massachusetts Department of Revenue with respect to Covered Persons under the Agreement subject to the Massachusetts Health Care Reform Act HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 19 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement MSP INFORMATION REPORTING Pursuant to Exhibit 2 Section 15 entitled MEDICARE SECONDARY PAYER MSP INFORMATION REPORTING reporting preparation and filing as required of Claim Administrator as Responsible Reporting Entity RRE for the Plan as that term is defined in Section 111 of the Medicare Medicaid and SCHIP Extension Act of 2007 UNCASHED CHECKS Regarding outstanding checks that are or become stale over 365 days old issue notification letters to payees and upon completion of notification process reissue such checks to payees based upon payee response if any When checkreissuanceisnotpossibleandunlessstatedotherwiseintheAgreementescheatsuchcheckstostateofpayeeslast known residence on behalf of Employer or escheat amounts pursuant to such checks to Employer as elected by the Employer less any amounts owed by payee to Claim Administrator in accordance with Claim Administrators established procedures andorthe applicable states unclaimed property law ADDITIONAL SERVICES NOT SPECIFIED Claim Administrator may provide additional services not specified in the Agreement such services will be mutually agreed upon between the parties in writing prior to their performance and may be subject to Supplemental Charge HCSC TX Gen ASA Med Non ERISA REGCFRev 912 20 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement EXHIBIT 2 FEE SCHEDULE FINANCIAL RESPONSIBILITIES REQUIRED DISCLOSURES SECTION 1 FEE SCHEDULE Service charges and other service specifications applicable to the Agreement are set forth in the Fee Schedule section of the most current Exhibit 5 ASO BPA of the agreement They are to apply for the periods of time indicated therein and shall continue in full force and effect until the earlier of i the end of the Fee Schedule Period noted on such ASO BPA ii the date a Fee Schedule is amended or replaced in its entirety by the execution of a subsequent ASO BPA and iii the date the Agreement is terminated FEES FOR INTER PLAN ARRANGEMENTS BlueCard ProgramNetwork access fees as applicable Additional information is available upon request included in the Medical Administrative Charges noted in the ASO BPA and in any Termination Administrative Charges noted in the ASO BPA calculated on the basis of such Medical Administrative Charges Negotiated National Account ArrangementCustom fees as applicable Additional information is available upon request included in the Medical Administrative Charges noted in the ASO BPA and in any Termination Administrative Charges noted in the ASO BPA calculated on the basis of such Medical Administrative Charges Non Participating Healthcare Providers Outside Claim Administrators Service Area processing fees as applicable Additional information is available upon request included in the Medical Administrative Charges noted in the ASO BPA and in any Termination Administrative Charges noted in the ASO BPA calculated on the basis of such Medical Administrative Charges Such fees may not exceed the lesser of the applicable annual percentage of the discount dependent upon group size permitted under the BlueCard Program or 2 000 per Claim SECTION 2 EXHIBIT DEFINITIONS Other definitions applicable to this Exhibit are contained in Section 2 AGREEMENT DEFINITIONS of the Agreement 21 Copayment means a specified dollar amount that a Covered Person is required to pay toward a Covered Service 22 Coshare means a percentage of an eligible expense that a Covered Person is required to pay toward a Covered Service 23 Employer Payment means the amount owed or payable to the Claim Administrator by the Employer for a given Employer Payment Period in accordance with Section 5 of this Exhibit which is the sum of Net Claim Payments made plus applicable service charges incurred during that Employer Payment Period 24 Employer Payment Method means the method elected in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA of the Agreement by which Employer Payments will be made 25 Employer Payment Period means the time period indicated in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA of the Agreement 26 Inpatient means the Covered Person is a registered bed patient and treated as such in a health care facility 27 Medicare Secondary Payer MSP means those provisions of the Social Security Act set forth in 42 USC 1395 y b and the implementing regulations set forth in 42 CFR Part 411 as amended which regulate the manner in which certain employers may offer group health care coverage to Medicare eligible employees their spouses and in some cases dependent children See Section 15 of this Exhibit titled MEDICARE SECONDARY PAYER MSP INFORMATION REPORTING 28 Run Off Claim means a Claim incurred prior to the termination of the Agreement that is submitted for payment during the Run Off Period HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 21 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement 29 Run Off Period means the time period immediately following termination of the Agreement as indicated in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA of the Agreement during which the Claim Administrator will accept RunOff Claims submitted for payment 210 Termination Administrative Charge means the consideration indicated in the Fee Schedule of the most current Exhibit 5 ASO BPA of the Agreement that is required by the Claim Administrator upon termination of the Agreement notwithstanding any services that may be performed by the Claim Administrator during the RunOff Period indicated on such ASO BPA SECTION 3 COMPENSATION TO CLAIM ADMINISTRATOR 31 Intent of service charges The Employer will pay service charges to the Claim Administrator in accordance with the Fee Schedule specifications of the most current Exhibit 5 ASO BPA of the Agreement as compensation for the processing of Claims and administrative and other services provided to the Employer 32 Determining service charges The service charges which are guaranteed for the Fee Schedule Period indicated in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA of the Agreement have been determined in accordance with the Claim Administratorscurrent regulatory status and the Employersexisting benefit program 33 Changing service charges Such service charges shall be subject to change by the Claim Administrator as follows a At the end of the Fee Schedule Period indicated in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA of the Agreement provided that sixty 60 days prior written notice is given by the Claim Administrator b On the effective date of any changes or benefit variances in the Plan its administration or the level of benefit valuation which would increase the Claim Administrators cost of administration c On any date changes imposed by governmental entities increase expenses incurred by the Claim Administrator provided that such increases shall be limited to an amount sufficient to recover such increase in expenses d On any date that the number of Covered Employees enrolled in the Plan changes by an amount equal to ten percent 10 or more of total enrollment over a one 1 month period or twenty five percent 25 or more of total enrollment over a three 3 month period or e On any date an affiliate subsidiary or other business entity is added or dropped by the Employer 34 Service charges upon termination In the event the Agreement is terminated in accordance with the TERM AND TERMINATION provisions of the Agreement the Employer will Timely pay the Claim Administrator the Termination Administrative Charge indicated in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA of the Agreement 35 Additional service charges In addition to the amounts due and payable each month in accordance with the Fee Schedule specifications of the most current Exhibit 5 ASO BPA of the Agreement the Claim Administrator may charge the Employer for a Any applicable Supplemental Charges b Reasonable fees for the reproduction or return of Claim records requested by the Employer a governmental agency or pursuant to a court order andor c Any other fees that may be assessed by third parties for services rendered to the Employer andorany other fees for services mutually agreed upon by the parties in writing 36 Effect of Plan enrollment Administrative Charges will be paid based upon information the Claim Administrator receives regarding current Plan enrollment as of the first day of each month Appropriate adjustments will be made for enrollment variances or corrections 37 Timely payment Performance of all duties and obligations of the Claim Administrator under the Agreement are contingent upon the Timely payment of any amount owed the Claim Administrator by the Employer HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 22 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement SECTION 4 CLAIM PAYMENTS 41 Claim AdministratorsPayment Upon receipt of a Claim the Claim Administrator will make a Claim Payment provided that all payments due the Claim Administrator under the terms of the Agreement are paid when due 42 Employers Liability Any reasonable determination by the Claim Administrator in adjudicating a Claim under the Agreement that a Covered Person is entitled to a Claim Payment is conclusive evidence of the liability of the Employer to the Claim Administrator for such Claim Payment pursuant to Section 6 below titled CLAIM SETTLEMENTS 43 Covered Persons certain liability Under certain circumstances if the Claim Administrator pays the healthcare Provider amounts that are the responsibility of the Covered Person under this Agreement the Claim Administrator may collect such amounts from the Covered Person 44 Cessation of Claim Payments If the Employer has failed to pay when due any amount owed the Claim Administrator the Claim Administrator shall be under no obligation to make any further Claim Payments until such default is cured SECTION 5 EMPLOYER PAYMENT 51 Intent In consideration of the Claim Administratorsobligations as set forth in the Agreement and at the end of each Employer Payment Period the Employer shall pay to the Claim Administrator or shall provide for the Claim Administrator to obtain the Employer Payment amount due for that Employer Payment Period 52 Confirmation or notification of amount due and payment due date The Employer shall confirm with the Claim Administrator or the Claim Administrator shall notify the EmployersFinancial Division of the Employer Payment for each Employer Payment Period and when such payment is due Confirmation or notification shall be in accordance with the Employer Payment Method elected in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA of the Agreement and the following a If the Employer Payment Method is by check the Claim Administrator shall issue the Employer a settlement statement to include the Claim Administratorsmailing address for check remittance and the date payment is due b If the Employer Payment Method is other than check the Employer shall confirm online the amount due by accessing the Claim Administrators Blue Access for Employers as provided in Exhibit 1 of the Agreement or the Claim Administrator shall advise the Employer by email facsimile at an email address or facsimile number to be furnished by the Employer prior to the effective date of the Agreement or by such other method mutually agreed to by the parties of the amount due The Employer Payment must be made or obtained within fortyeight 48 hours of confirmation by the Employer or the Employers notification by the Claim Administrator If any day on which an Employer Payment is due is a holiday such payment will be made or obtained on the next business day Late payments are subject to the penalties outlined in section 7 of this exhibit SECTION 6 CLAIM SETTLEMENTS 61 Determining what Employer owes A Claim Settlement shall be determined for each Claim Settlement Period indicated in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA of the Agreement The Claim Settlement shall reflect the sum of the following a All Claim Payments paid by the Claim Administrator in the particular Claim Settlement Period b All Claim Payments paid by the Claim Administrator in prior Claim Settlement Periods that have not been included in a prior Claim Settlement c The Administrative Charges and Credits and other applicable service charges as indicated in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA of the Agreement and any applicable Supplemental Charges The sum of a b and c above shall be referred to as the Claim Settlement Total HCSC TX Gen ASA Med Non ERISA REGCFRev 912 23 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement 62 Employer underpayment If within the Claim Settlement Period the Claim Settlement Total exceeds the Employer Payments the Employer will pay the difference to the Claim Administrator The Claim Settlement will be determined within sixty 60 days from the last day of the Claim Settlement Period The Claim Administrator will notify the Employer in writing of the results of the Claim Settlement Any sums due the Claim Administrator will be paid Timely by the Employer 63 Employer overpayment If within the Claim Settlement Period the Employer Payments exceed the Claim Settlement Total the Claim Administrator may at its option pay such difference to the Employer apply the difference against amounts then owed the Claim Administrator by the Employer or authorize a reduction equal to such difference from the next Claim Settlement Total due the Claim Administrator from the Employer SECTION 7 LATE PAYMENTS AND REMEDIES 71 When Employer Fails to Pay If the Employer fails to pay when due any amount required to be paid to the Claim Administrator under the Agreement and such default is not cured within ten 10 days of written notice to the Employer the Claim Administrator may at its option a Suspend Claim Payments or b Terminate the Agreement as of the effective date specified in such notice 72 When Claim Administrator Fails to Timely Notify Pursuant to Section 28 ENFORCEMENT of the Agreement the Claim Administrators failure to provide the Employer with timely notice of any amount due hereunder shall not be considered a waiver of payment of any amount which may otherwise be due hereunder from the Employer 73 Late Charge If the Employer fails to make any payment required by the Agreement on a Timely basis the Claim Administrator at its option may assess a daily charge for the late remittance from the due date of any amounts payable to the Claim Administrator by the Employer This daily charge shall be an amount equal to the amount resulting from multiplying the amount due times the lesser of a The rate of 0329 per day which equates to an amount of twelve percent 12 per annum or b The maximum rate permitted by state law 74 Insolvency In addition if the Employer becomes insolvent however evidenced or is in default of its obligation to make any Employer Payment as provided hereunder or if any other default hereunder has occurred and is continuing then any indebtedness of the Claim Administrator to the Employer including any and all contractual obligations of the Claim Administrator to the Employer may be offset andor recouped and applied toward the payment of the Employers obligations hereunder whether or not such obligations or any part thereof shall then be due the Employer SECTION 8 FINANCIAL OBLIGATIONS UPON AGREEMENT TERMINATION 81 Run Off Claims The Employer hereby acknowledges that on the date of termination of the Agreement in accordance with the provisions of either Section 7 of this Exhibit or Section 13 of the Agreement there may be an undetermined but substantial number of Claims for services rendered or furnished prior to that date which have not been submitted to the Claim Administrator for reimbursement and also an undetermined but substantial number of Claims submitted for reimbursement which have not been paid by the Claim Administrator Run Off Claims The Employer shall be responsible for the reimbursement of all Run Off Claims whether or not such Claims have been submitted or whether or not Claim Payments for such Claims have been made by the Claim Administrator as of the date of termination including but not limited to Claim Payments made in accordance with MSP laws and for the payment of the Termination Administrative Charge and any other applicable service charges indicated in the Fee Schedule specifications of the most current Exhibit 5 ASO BPA of the Agreement and any applicable Supplemental Charges pursuant to the processing of such Claims after the Agreements termination date 82 Corresponding Employer Payments In consideration of the Claim Administratorscontinuing to make Claim Payments in accordance with Section 4 of this Exhibit for RunOff Claims the Employer shall continue to make Employer Payments for all such Claims paid by the Claim Administrator up to the Final Settlement outlined below HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 24 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement 83 Final Settlement A Final Settlement shall be made within sixty 60 days after the last day of the RunOff Period This Final Settlement shall compare the Employer Payments against the Claim Settlement Totals for all RunOff Claims paid up to the date of the Final Settlement The difference shall be paid or applied as set forth in Section 6 ofthisExhibitHoweveriftheEmployerPaymentsexceedtheClaimSettlementTotalsforallRunOffClaimspaidupto the Final Settlement the Claim Administrator shall pay such difference to the Employer after applying the difference against amounts if any then owed to the Claim Administrator by the Employer 84 Uncashed checks As of the date of termination of the Agreement any outstanding checks that are or become stale over 365 days old will be escheated by the Claim Administrator on the Employersbehalf less any amountsowed by such checks payees to the Claim Administrator in accordance with the applicable states unclaimed property law SECTION 9 REQUIRED DISCLOSURE PROVISIONS The Employer represents that it acknowledges and has communicated the provisions stated in each of the following sections to its Covered Persons SECTION 10 PAYMENT OF CLAIMS AND ASSIGNMENT OF BENEFITS 101 Claim payment assignment All payments by the Claim Administrator for the benefit of any Covered Person may be made directly to any Provider furnishing Covered Services for which such payment is due and the Claim Administrator is authorized by such Covered Person to make such payments directly to such Providers However the Claim Administrator reserves the right in its sole discretion to pay any benefits that are payable under the terms of the Plan directly to the Covered Person or Provider furnishing Covered Services All benefits payable to the Covered Person which remain unpaid at the time of the death of the Covered Person will be paid to the estate of the Covered Person 102 Claim dispute Once Covered Services are rendered by a Provider the Covered Person has no right to request the Claim Administrator not to pay the Claim submitted by such Provider and no such request by a Covered Person or his agent will be given effect Furthermore the Claim Administrator will have no liability to the Covered Person or any other person because of its rejection of such request 103 Plan coverage assignment Neither the Plan nor a Covered Personsclaims for payment of benefits under the Plan are assignable in whole or in part to any person or entity at any time Coverage under the Plan is expressly non assignable or non transferable and will be forfeited if a Covered Person attempts to assign or transfer coverage or aids or attempts to aid any other person in fraudulently obtaining coverage under the Plan However if the Claim Administrator makespaymentbecauseofapersonswrongfuluseoftheidentificationcardofaCoveredPersonsuchpaymentwillbe considered a proper payment and the Claim Administrator will have no obligation to pursue recovery of such payment SECTION 11 COVERED PERSONPROVIDERRELATIONSHIP 111 Choosing a Provider The choice of a Provider is solely the choice of the Covered Person and the Claim Administrator will not interfere with the Covered Personsrelationship with any Provider 112 Claim Administratorsrole It is expressly understood that the Claim Administrator does not itself undertake to furnish hospital medical or dental service but solely to make payment to a Provider for the Covered Services receivedbyCoveredPersonsTheClaimAdministratorisnotinanyeventliableforanyactoromissionofanyProviderorthe agent or employee of such Provider including but not limited to the failure or refusal to render services to a Covered Person Professional services which can only be legally performed by a Provider are not provided by the Claim Administrator Any contractual relationship between a Provider and the Claim Administrator shall not be construed to mean that the Claim Administrator is providing professional service 113 Intent of terminology The use of an adjective such as Approved Administrator Participating In Network or Network in modifying a Provider shall in no way be construed as a recommendation referral or any other statement as to theabilityorqualityofsuchProviderInadditiontheomissionnonuseornondesignationofApprovedAdministrator Participating In Network Network or any similar modifier or the use of a term such as Non Approved Non Administrator Non Participating Out ofNetwork or Non Network should not be construed as carrying any statement or inference negative or positive as to the skill or quality of such Provider 114 Providers role Each Provider provides Covered Services only to Covered Persons and does not deal with or provide any services to the Employer other than as an individual Covered Person or the Plan HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 25 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement SECTION 12 CLAIM ADMINISTRATORSSEPARATE FINANCIAL ARRANGEMENTS WITH PRESCRIPTION DRUG PROVIDERS 121 All amounts payable to the Claim Administrator by the Employer for Claim Payments provided by the Claim Administrator and applicable service charges pursuant to the terms of the Agreement and all required Copayment deductible and Coshare amounts under the Agreement shall be calculated on the basis of the ProvidersAllowable Amount or the agreed upon cost between the Participating Prescription Drug Provider as defined below and the Claim Administrator whichever is less 122 The Claim Administrator hereby informs the Employer and all Covered Persons that it has contracts either directly or indirectly with prescription drug Providers Participating Prescription Drug Providers for the provision of and payment for prescription drug services to all persons entitled to prescription drug benefits under individual certificates group health insurance policies and contracts to which the Claim Administrator is a party including the Covered Persons under the Agreement and that pursuant to the Claim Administrators contracts with Participating Prescription Drug Providers under certain circumstances described therein the Claim Administrator may receive discounts for prescription drugs dispensed to Covered Persons under the Agreement Actual network savings achieved by the Employer will vary Some rates are currently based on Average Wholesale Price AWP which is determined by a third party and is subject to change 123 The Employer understands that the Claim Administrator may receive such discounts during the term of the Agreement Neither the Employer nor Covered Persons hereunder are entitled to receive any portion of any such discounts except as such items may be indirectly or directly reflected in the service charges specified in the Agreement The drug feesdiscounts that Claim Administrator has negotiated with Prime Therapeutics LLC Prime through the Pharmacy Benefit Management PBM Agreement will be passedthrough to the Employer for both retail and mailspecialty drugs Except for mailspecialty drugs the PBM Agreement requires that the feesdiscounts that Prime has negotiated with pharmacies or other suppliers are passedthrough to Claim Administrator and ultimately to the Employer as described above For the mail pharmacy and specialty pharmacy program owned by Prime Prime retains the difference between its acquisition cost and the negotiated prices as its fee for the various administrative services provided as part of the mail pharmacy andorspecialty pharmacy program Claim Administrator pays a fee to Prime for pharmacy benefit services which is reflected in the administrative fee charged by Claim Administrator to the Employer A portion of Primes PBM fees are tied to certain performance standards including but not limited to claims processing customer service response and mailorder processing The allowable amount reimbursed for prescriptions obtained at outofnetwork pharmacies is determined by the Employers benefit design but is usually based on 75 of the cost of the prescription if it were obtained at an innetwork pharmacy 124 Weighted paid claim refers to the methodology of counting claims for purposes of determining the Claim Administratorsfee payment to Prime Each retail including claims dispensed through PBMs specialty pharmacy program paid claim equals one weighted paid claim each extended supply or mail order including Mail Service paid claim equals three weighted paid claims However Claim Administrator pays Prime a Program Management Fee PMF on a per paid claim basis Funding Levers means a mechanism through which Claim Administrator funds the fees net fee ancillary fees and special project fees owed to PBM Funding Levers always include manufacturer administrative fees mail order utilization participating pharmacy transaction fees and if elected by Claim Administrator may include rebates and retail spread Claim Administrators net fee owed to Prime for core services will be offset by the Funding Levers Claim Administrator pays Prime the net fee for core services ancillary fees and special project fees offset by all applicable Funding Levers as agreed upon under the terms of its agreement with Prime The net fee is calculated based on a fixed dollar amount per Weighted Paid Claim 125 The amounts received by Prime from Claim Administrator pharmacies manufacturers or other third parties may be revised from time to time Some of the amounts received by Prime may be charged each time a claim is processed or in some instances requested to be processed through Prime andor each time a prescription is filled and include but are not limited to administrative fees charged by Prime to Claim Administrator as described above administrative fees charged by Prime to pharmacies and administrative fees charged by Prime to pharmaceutical manufacturers Currently none of these fees will be passed on to the Employer as expenses or accrue to the benefit of the Employer unless otherwise specifically set forth in the Agreement Additional information about these types of fees or the amount of these fees is available upon request The maximum that Prime will receive from any pharmaceutical manufacturer for certain administrative fees will be 3 of the total sales for all rebatable products of such manufacturer dispensed during any given calendar year to members of Claim Administrator and other Blue Plan operating divisions HCSC TX Gen ASA Med Non ERISA REGCFRev 912 26 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement SECTION 13 CLAIM ADMINISTRATORSSEPARATE FINANCIAL ARRANGEMENTS WITH PHARMACY BENEFIT MANAGERS 131 The Claim Administrator hereby informs the Employer and all Covered Persons that it owns a significant portion of the equity of Prime Therapeutics LLC and that the Claim Administrator has entered into one or more agreements with Prime Therapeutics LLC or other entities collectively referred to as Pharmacy Benefit Managers for the provision of and payment for prescription drug benefits to all persons entitled to prescription drug benefits under individual certificates group health insurance policies and contracts to which the Claim Administrator is a party including the Covered Persons under the Agreement Pharmacy Benefit Managers have agreements with pharmaceutical manufacturers to receive rebates for using their products Pharmacy Benefit Managers may share a portion of those rebates with the Claim Administrator 132 Based upon previous experience with such rebates the Claim Administrator has estimated that any drug rebate for the Employer would be based on an average dollar amount per prescription Expected Rebate One hundred percent 100 of the Expected Rebate is shared with employers based upon the benefit design and the retail and mail order usage rate The Expected Rebate passed back to the Employer is determined by multiplying the sum of the estimated dollars times the expected number of annual prescriptions dispensed then divided by the expected number of Covered Employees then divided by twelve 12 months The Expected Rebate amount is reflected as a prescription drug rebate credit per Covered Employee per month 133 The Employer understands that the Claim Administrator may receive such rebates during the term of the Agreement Neither the Employer nor Covered Persons hereunder are entitled to receive any portion of any such rebates except as such items may be indirectly or directly reflected in the service charges specified in the Agreement SECTION 14 INTER PLAN ARRANGEMENTS 141 OutofArea Services Claim Administrator has a variety of relationships with other Blue Cross andor Blue Shield Licensees referred to generally as InterPlan Programs Whenever Covered Persons access healthcare services outside the geographic area Claim Administrator serves the Claim for those services may be processed through one ofthese Inter Plan Programs and presented to Claim Administrator for payment in accordance with the rules of the Inter Plan Programs policies then in effect The Inter Plan Programs available to Covered Persons under this Agreement are described generally below Claim Administratorsservices under this Agreement are governed by and subject to the Inter Plan Programs policies in effect during the term of this Agreement Typically Covered Persons when accessing care outside the geographic area Claim Administrator serves obtain care from healthcare providers that have a contractual agreement ieare participating healthcare providers with the local Blue Cross andor Blue Shield Licensee in that other geographic area Host Blue In some instances Covered Persons may obtain care from non participating healthcare providers Claim Administrators payment practices in both instances are described below 142 BlueCard Program Under the BlueCard Program when Covered Persons access Covered Services within the geographic area served by a Host Blue Claim Administrator will remain responsible to Employer for fulfilling Claim Administratorscontractual obligations However in accordance with applicable Inter Plan Programs policies then in effect the Host Blue will be responsible for providing such services as contracting and handling substantially all interactions with its participating healthcare providers The financial terms of the BlueCard Program are described generally below Individual circumstances may arise that are not directly covered by this description however in those instances our action will be consistent with the spirit of this description HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 27 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement a Liability Calculation Method Per Claim The calculation of the Covered Personsliability on Claims for Covered Services processed through the BlueCard Program will be based on the lower of the participating healthcare providers billed covered charges or the negotiated price made available to Claim Administrator by the Host Blue The calculation of Employers liability on Claims for Covered Services processed through the BlueCard Program will be based on the negotiated price made available to Claim Administrator by the Host Blue Sometimes this negotiated price may be greater than or equal to billed charges Examples of this are i when a Host Blue has negotiated with its participating healthcare providers an inclusive allowance eg per case or per day amount for specific healthcare services and ii when such negotiated price is necessary or appropriate as determined by the Host Blue to provide for a Host Blues geographic access or availability of particular types of health care services Host Blues may use various methods to determine a negotiated price depending on the terms of each Host Blues healthcare provider contracts The negotiated price made available to Claim Administrator by the Host Blue may represent a payment negotiated by a Host Blue with a healthcare provider that is one of the following 1 an actual price An actual price is a negotiated payment without any other increases or decreases or 2 an estimated price An estimated price is a negotiated payment reduced or increased by a percentage to take into account certain payments negotiated with the provider and other Claim and non Claimrelated transactions Such transactions may include but are not limited to anti fraud and abuse recoveries provider refunds not applied on a Claim specific basis retrospective settlements and performance related bonuses or incentives or 3 an average price An average price is a percentage of billed covered charges representing the aggregate payments negotiated by the Host Blue with all of its healthcare providers or a similar classification of its providers and other Claim and non Claimrelated transactions Such transactions may include the same ones as noted above for an estimated price Host Blues using either an estimated price or an average price may in accordance with InterPlan Programs policies prospectively increase or reduce such prices to correct for over or underestimation of past prices ie prospective adjustments may mean that a current price reflects additional amounts or credits for Claims already paid to providers or anticipated to be paid to or received from providers However the amount paid by the Covered Person and Employer is a final price no future price adjustment will result in increases or decreases to the pricing of past Claims The BlueCard Program requires that the price submitted by a Host Blue to Claim Administrator is a final price irrespective of any future adjustments based on the use of estimated or average pricing If a Host Blue uses either an estimated price or an average price on a Claim the Host Blue is required to hold any difference between the amount paid to the provider and the amount that Employer pays in a variance account pending settlement with its participating healthcare providers Because all amounts paid are final neither variance account funds held to be paid nor the funds expected to be received are due to or from Employer Such payable or receivable would be eventually exhausted by healthcare provider settlements andor through prospective adjustment to the negotiated prices Some Host Blues may retain interest earned if any on funds held in variance accounts A small number of states require Host Blues either ito use a basis for determining Covered Personsliability for Covered Services that does not reflect the entire savings realized or expected to be realized on a particular Claim or iito add a surcharge Should the state in which healthcare services are accessed mandate liability calculation methods that differ from the negotiated price methodology or require a surcharge Claim Administrator would then calculate Covered Persons liability and Employersliability in accordance with applicable law b Return of Overpayments Under the BlueCard Program recoveries from a Host Blue or its participating healthcare providers can arise in several ways including but not limited to anti fraud and abuse recoveries healthcare providerhospital audits credit balance audits utilization review refunds and unsolicited refunds In some cases the Host Blue will engage a third party to assist in identification or collection of recovery amounts The fees of such a third party may be netted against the recovery Recovery amounts determined in this way will be applied in accordance with applicable InterPlan Programs policies which generally require correction on a Claim by Claim or prospective basis HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 28 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement Unless otherwise agreed to by the Host Blue Claim Administrator may request adjustments from the Host Blue for full refunds from healthcare providers due to the retroactive cancellation of membership but only for one year after the date of the Inter Plan financial settlement process for the original Claim In some cases recovery of Claim payments associated with a retroactive cancellation may not be possible if as an example the recovery conflicts with the Host Blues state law or healthcare provider contracts or would jeopardize the Host Blues relationship with its healthcare providers c BlueCard Program Fees and Compensation Employer understands and agrees to reimburse Claim Administrator for certain fees and compensation which Claim Administrator is obligated under the BlueCard Program to pay to the Host Blues to the Blue Cross and Blue Shield Association BCBSA andor to BlueCard Program vendors as described below Fees and compensation under the BlueCard Program may be revised in accordance with the Programs standard procedures for revising such fees and compensation which do not provide for prior approval by Employer Such revisions typically are made annually as a result of Program policy changes andor vendor negotiations These revisions may occur at any time during the course of a given calendar year and they do not necessarily coincide with Employers benefit period under this Agreement Claim Administrator will charge these fees as follows It is expected that unless the number of Employers Blue enrolled contracts falls below 50000 that the access feeandallotherBlueCardProgramrelatedfeesareincludedinClaimAdministratorsAdministrativeChargesetforth in the AgreementsFee Schedule In the event that the number of EmployersBlue enrolled contracts falls below 50000 only the BlueCard Program access fee may be charged separately each time a Claim is processed through the BlueCard Program If one is charged it will be a percentage of the discount differential Claim Administrator receives from the Host Blue based on the current rate in accordance with the Programsstandard procedures for establishing the access fee rate The access fee will not exceed 2000 for any Claim In this situation the access fee is set forth in the Agreements Fee Schedule All other BlueCard Programrelated fees will then be factored into Claim Administrators determination of its general administrative fee also set forth in the Agreements Fee Schedule 1 BlueCard Program Access Fees A BlueCard Program access fee may be charged only if the Host Blues arrangement with its healthcare provider prohibits billing Covered Persons for amounts in excess of the negotiated payment However a healthcare provider may bill for non covered healthcare services and for Covered Person cost sharing for example deductibles copayments andor coinsurance related to a particular Claim 2 How the BlueCard Program Access Fee Affects Employer When Claim Administrator is charged a BlueCard Program access fee Claim Administrator may pass the charge along to Employer as a Claim expense or as a separate amount The access fee will not exceed 2000 for any Claim If Claim Administrator receives an access fee credit Claim Administrator will give Employer a Claim expense credit or a separate credit Instances may occur in which the Claim payment is zero or Claim Administrator pays only a small amount because the amounts eligible for payment were applied to patient cost sharing such as a deductible or coinsurance In these instances Claim Administrator will pay the Host Blues access fee and pass it along to Employer as stated above even though Employer paid little or had no Claim liability 143 Negotiated National Account Arrangements As an alternative to the BlueCard Program some of Employers Covered Persons Claims for Covered Services may be processed through a negotiated National Account arrangement with a Host Blue Pursuant to such negotiated arrangements the Host Blues hashave agreed to provide on the Claim Administrators behalf Claim Payments and certain administrative services for those Covered Persons of the Employer receiving Covered Services in the state andor service area of the Host Blues Pursuant to the agreement between the Claim Administrator and the Host Blues the Claim Administrator has agreed to reimburse each Host Blue for all Claim Payments made on the Claim Administratorsbehalf for those Covered Persons of the Employer receiving Covered Services in the state andor service area of such Host Blue If Claim Administrator and Employer have agreed that a Host Blues shall make available a custom healthcare provider networks in connection with this Agreement then the terms and conditions set forth in Claim Administrators negotiated National Account arrangementswith such Host Blues shall apply unless otherwise agreed in the HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 29 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement Agreements Fee Schedule In negotiating such arrangements Claim Administrator is not acting on behalf of or as an agent for Employer Employers Group Health Plan or Employers Covered Persons a Covered Person and Employer Liability Calculation Covered Person liability calculation will be based on the lower of either billed covered charges or negotiated price refer to the description of negotiated price under 142a BlueCard Program made available to Claim Administrator by the Host Blue that allows EmployersCovered Persons access to negotiated participation agreement networks of specified participating healthcare providers outside of Claim Administrators service area Employers liability calculation will be based on the negotiated price refer to the description of negotiated price under 142a BlueCard Program Employer also acknowledges that pursuant to the Host Blues contracts with Host Blues participating Providers under certain circumstances described therein the Host Blue imay receive substantial payment from Host Blues participating Providers with respect to services rendered to such persons for which the Host Blue was initially obligated to pay the Host Blues participating Providers ii may pay Host Blues participating Providers more or less than their billed charges for services by discounts or otherwise or iiimay receive from Host Blues participating Providers other allowances under the Host Blues contracts with them One example of this is quality improvement programs payments If charged by the Host Blue to Claim Administrator Employer shall reimburse Claim Administrator for any payments made to the Host Blue unless otherwise set forth in the Agreements Fee Schedule including claim like charges which are those charges for payments to Host Blues participating Providers on other than a fee for services basis which include but are not limited to incentive payments and capitations The Employer acknowledges that in negotiating the Administrative Charge set forth in the AgreementsFee Schedule it has taken into consideration that among other things the Host Blue may receive such payments discounts and or other allowances during the term of its agreement with the Claim Administrator Further all amounts payable by Covered Person and Employer shall be calculated on the basis described in this subsection irrespective of any separate financial arrangement between the Host Blues participating Provider that rendered the applicable Covered Service and the Host Blue other than the negotiated price as described in this subsection b Fees and Compensation Employer understands and agrees to reimburse Claim Administrator for certain fees and compensation which Claim Administrator is obligated under applicable Inter Plan Programs requirements to pay to the Host Blues to the Blue Cross and Blue Shield Association andor to Inter Plan Programs vendors Fees and compensation under applicable Inter Plan Programs may be revised in accordance with the Programs standard procedures for revising such fees and compensation which do not provide for prior approval by Employer Such revisions typically are made annually as a result of Inter Plan Programs policy changes andor vendor negotiations These revisions may occur at any time during the course of a given calendar year and they do not necessarily coincide with Employersbenefit period under this Agreement In addition the participation agreement with the Host Blue may provide that Claim Administrator must pay an administrative andor a network access fee to the Host Blue and Employer further agrees to reimburse Claim Administrator for any such applicable administrative andor network access fees For this type of negotiated participation arrangement any such administrative andor network access fees will not be greater than the comparable fees that would be charged under the BlueCard Program Claim Administrator will charge these fees as follows It is expected that the access fee and all other Negotiated National Account Arrangement related fees are included in Claim AdministratorsAdministrative Charge set forth in the AgreementsFee Schedule Employer acknowledges that Host Blues may have contracts with certain Providers in their service areas Host Blues participating Providers for the provision of and payment for health care services As a result of these contracts with their Providers Host Blues are able to make provider networks available to persons and entities including Claim Administrator entitled to health care benefits under various health policies and contracts to which the Host Blue is a party Such network availability extends to Covered Persons covered under the Agreement HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 30 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement All other Inter Plan Program fees related to this negotiated National Account arrangement are factored into Claim Administratorsdetermination of its Administrative Charge also set forth in the AgreementsFee Schedule The Claim Administrator hereby informs the Employer and the Employer acknowledges that the Claim Administrators the Host Blues participating Provider contracting arrangements operational practices and procedures and the policies and procedures governing software used to process Claims for services rendered by the Claim AdministratorsProviders and the Host Blues participating Providers may result in minor deviations in Claim processing andor pricing of Claims for some services From time totime Claim Administrator Host Blues and their respective vendors may receive compensation in connection with services provided by Claim Administrator to our group customers which are not necessarily passed on to our group customers or to members Additional information about these types of fees the amount of these fees and the sources of these fees is available upon request 144 Non Participating Healthcare Providers Outside Claim Administrators Service Area a Covered Person Liability Calculation 1 In General When Covered Services are provided outside of Claim Administrators service area by non participating healthcare providers the amounts a Covered Person pays for such services will be calculated using the methodology described in the Agreement for non Participating providers located inside our service area The Covered Person may be responsible for the difference between the amount that the non participating healthcare provider bills and the payment Claim Administrator will make for the Covered Services as set forth in this paragraph 2 Exceptions In some exception cases Claim Administrator may but is not required to in its sole and absolute discretion negotiate a payment with such non participating healthcare provider on an exception basis b Fees and Compensation Employer understands and agrees to reimburse Claim Administrator for certain fees and compensation which Claim Administrator is obligated under applicable Inter Plan Programs requirements to pay to the Host Blues to the Blue Cross and Blue Shield Association andor to Inter Plan Programs vendors Fees and compensation under applicable InterPlan Programs may be revised in accordance with the specific Programsstandard procedures for revising such fees and compensation which do not provide for prior approval by Employer Such revisions typically are made annually as a result of Inter Plan Programs policy changes andor vendor negotiations These revisions may occur at any time during the course of a given calendar year and they do not necessarily coincide with Employersbenefit period under this Agreement In addition Claim Administrator must pay an administrative fee to the Host Blue and Employer further agrees to reimburse Claim Administrator for any such administrative fee as set forth below Claim Administrator will charge these fees as follows All fees related to Claims for Covered Services delivered by non participating healthcare providers outside Claim Administratorsservice area are factored into Claim Administratorsdetermination of its Administrative Charge which is set forth in the AgreementsFee Schedule SECTION 15 MEDICARE SECONDARY PAYER MSP DATA MATCH 151 In an effort to facilitate the processing of Claims consistent with the requirements of the MSP statute and to assist in meeting the statutory obligations certain Blue Cross and Blue Shield Plans together with the Centers for Medicare Medicaid Services CMS formerly known as Health Care Financing Administration HCFA the federal government agency which administers Medicare have developed a new enrollment and membership system The system also referred to as the Data Match is aimed at obtaining in a Timely and current fashion information necessary for the Claim Administrator to identify dual coverage situations which fall within the MSP statute and to determine whether primary or secondary payment should be made for a particular Claim 152 Under the system the Claim Administrator will provide basic information to CMS about individuals enrolled in Group Health Plans who are also covered by Medicare so that CMS can better detect dual coverage situations 153 The Employer hereby authorizes and directs the Claim Administrator to disclose to CMS periodically information pertaining to Medicare eligible Covered Persons under the Plan HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 31 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement 154 The Employer agrees that the Claim Administrators ability to make accurate primary secondary MSP determinations depends on the breadth and accuracy of the Claim Administrators files concerning Covered Persons The Employer agrees to use best efforts in responding promptly and accurately to the Claim Administrators requests for information and to require and facilitate its Covered Persons cooperation in responding promptly and accurately to such requests 155 Further to assure the continuing accuracy of the Claim Administratorsfiles the Employer agrees that it is the Employers responsibility to notify the Claim Administrator promptly of any change in the size of the Employers work force or status of its employees that might affect the order of payment under the MSP statute such as information regarding working aged persons who retire and changes in the size of the Employers work force that place it in or take it out of the scope of the MSP statute If the Claim Administrator does not receive such information from the Employer the Claim Administrator will assume that all relevant factors remain unchanged and will process Claims accordingly The Employer acknowledges and agrees that the Claim Administrator will be using the information provided by the Employer and Covered Persons to update the Claim Administrators files and will also forward this information to CMS so that CMS can revise its file to reflect relevant changes in primarysecondary status 156 The Claim Administrator may in its sole discretion discontinue its participation in the Data Match system as described above Nothing in the Agreement shall be construed as obligating the Claim Administrator to continue its participation in the Data Match system 157 Disclosure Statement The Employer acknowledges that the Claim Administrator has furnished it with a copy of a pamphlet entitled Information Regarding the Medicare Secondary Payer Statute also referred to as the Disclosure Statement prepared by the Blue Cross and Blue Shield Association and reviewed by CMS which administers Medicare SECTION 16 REIMBURSEMENT PROVISION Applicable only if this service is elected in the Fee Schedule specifications ofthe most current Exhibit 5 ASO BPA 161 If a Covered Person incurs expenses for sickness or injury that occurred due to the negligence of a third party and benefits are provided for Covered Services described in the Plan the following provisions will apply a The Claim Administrator on behalf of the Employer has the right to reimbursement for all benefits the Claim Administrator provided from any and all damages collected from the third party for those same expenses whether by action at law settlement or compromise by the Covered Person the Covered Persons parents if the Covered Person is a minor or the Covered Personslegal representative as a result of that sickness or injury in the amount of the ProvidersAllowable Amount for Covered Services for which the Claim Administrator has provided benefits to the Covered Person b The Claim Administrator is assigned the right to recover from the third party or his or her insurer to the extent of the benefits the Claim Administrator provided for that sickness or injury 162 The Claim Administrator shall have the right to first reimbursement out of all funds the Covered Person the Covered Persons parents if the Covered Person is a minor or the Covered Persons legal representative is or was able to obtain for the same expenses for which the Claim Administrator has provided benefits as a result of that sickness or injury The Covered Person is required to furnish any information or assistance or provide any documents that the Claim Administrator may reasonably require in order to obtain its rights under this provision This provision applies whether or not the third party admits liability HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 32 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement EXHIBIT 3 RECOVERY LITIGATION AUTHORIZATION The Employer hereby acknowledges and agrees that the Claim Administrator may at its election pursue claims of the Employer andor the Plan which are related to claims that the Claim Administrator pursues on its own behalf subject to the following terms and conditions 1 The Claim Administrator shall have the right to select and retain legal counsel 2 Any lawsuit filed or arbitration initiated by the Claim Administrator will be done in the name of the Claim Administrator for its own benefit as well as on behalf of the Employer and possibly other parties The Claim Administrator will not cause any litigation to be filed or arbitration to be initiated in the name of the Employer andor the Plan without the Employersexpress advance consent With such permission any such litigation can be filed or arbitration initiated in the name of the Employer andorthe Plan with attorneys identified as counsel for the Employer or in the name of two or more parties including the Employer and the Claim Administrator with attorneys identified as counsel for the Employer the Claim Administrator and possibly other parties 3 The parties agree to cooperate with each other in pursuit of recovery efforts pursuant to the provisions of this Exhibit including providing appropriate authority to communicate with the Employer concerning issues pertaining to any class actions and pursuant to which the Employer specifically declines representation by class litigation counsel 4 The Claim Administrator shall control any recovery strategy and decisions including decisions to mediate arbitrate or litigate 5 The Claim Administrator shall have the exclusive right to approve any and all settlements of any claims being mediated arbitrated or litigated 6 Any and all recoveries net of all investigative and other expenses relating to the recovery including costs of settlement mediation arbitration or litigation including attorneys fees made through any means pursuant to the provisions of this Exhibit including but not limited to settlement mediation arbitration or trial will be prorated based upon each partys percentage interest in the recoverable compensatory monetary damages which allocation shall be done by the Claim Administrator on any reasonable basis it deems appropriate 7 Any and all information documents communications or correspondence provided to or obtained by attorneys from either party as well as communications correspondence conclusions and reports by or between attorneys and eitherpartyshallbeandareintendedtoremainprivilegedandconfidentialEachpartyintendsthattheattorneyclientand work product privileges shall apply to all information documents communications correspondence conclusions and reports to the full extent allowed by state or federal law The Claim Administrator shall be permitted to make such disclosures of such privileged and confidential information to law enforcement authorities as it deems necessary or appropriate in its sole discretion The Employer shall not waive the attorneyclient privilege or otherwise disclose privileged or confidential information received in connection with the provisions of this Exhibit or cooperative efforts pursuant to the provisions of this Exhibit without the express written consent of the Claim Administrator 8 The discharge of attorneys by one party shall not disqualify or otherwise ethically prohibit the attorneys from continuing to represent the other party pursuant to the provisions of this Exhibit 9 Nothing in the provisions of this Exhibit shall require the Claim Administrator to assert any claims on behalf of the Employer andor the Plan 10 Nothing in the provisions of this Exhibit and nothing in attorneys statements to either party andor the Plan will be construed as a promise or guarantee about the outcome of any particular litigation mediation arbitration or settlement negotiation therefore the Employer acknowledges that the efforts of the Claim Administrator may not result in recovery or in full recovery in any particular case 11 The terms and conditions described herein shall survive the expiration or termination of the Agreement however nothing herein shall require the Claim Administrator to assert any claims on the Employers andor the Plans behalf following the termination of the Agreement If the Agreement is terminated after the Claim Administrator has asserted a claim on behalf of the Employer andor the Plan but before any recovery the Claim Administrator may in its sole discretion continue to pursue the claim or discontinue the claim HCSC TX Gen ASA Med Non ERISA REGCFRev 912 33 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement 12 If the Employer should desire to participate in a class or multi district settlement rather than defer to the Claim Administrator the Employer may reverse the exercise of discretion authorized herein by affirmatively opting into a class settlement and by notifying the Claim Administrator of its decision in writing immediately upon making such determination as provided for under Section 26 NOTICES of the Agreement 13 The Employer further acknowledges and agrees that unless it notifies the Claim Administrator to the contrary in writing as provided for under Section 26 NOTICES of the Agreement it consents to the terms and conditions of thisExhibitandauthorizestheClaimAdministratoronbehalfoftheEmployerandorthePlanconsistentwithSection2 above to a Pursue claims that the Claim Administrator pursues on its own behalf in class action litigation federal multi district litigation or otherwise including but not limited to antitrust fraud unfair and deceptive business or trade practice claims pursuant to and in accordance with the provisions of this Exhibit effective immediately b Opt out of any class action settlement or keep the Employer andorthe Plan in the class if the Claim Administrator believes it is in the best interest of the parties to do so c Investigate and pursue recovery of monies unlawfully illegally or wrongfully obtained from the Plan 14 The Employer further acknowledges and agrees that the Claim Administratorsdecision to pursue recovery in connection with particular claims shall be in the Claim Administrators sole discretion and the Claim Administrator does not enter into this undertaking as a fiduciary of the Plan or its Covered Persons but only in connection with its undertaking to pursue recovery of claims of the Employer andorthe Plan when as and if the Claim Administrator determines that such claims may be pursued in the common interest of the parties 15 The parties agree in the event that the language in the Agreement shall be in conflict with this Exhibit the provisions of this Exhibit shall prevail HCSC TX Gen ASA Med Non ERISA REG CF Rev 912 34 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement EXHIBIT 4 COBRA HEALTH BENEFITS CONTINUATION COVERAGE ARTICLE 1 DEFINITIONS As used in this Agreement 11 Applicable Premium means the amount the Plan will require a Qualified Beneficiary or others permitted by Continuation of Coverage to pay for any period of COBRA continuation coverage that does not exceed one hundred and two percent 102 of the premium for that period or does not exceed one hundred and fifty percent 150 of the premium after the 18th month of coverage for Qualified Beneficiaries eligible for extended coverage due to disability 12 Agreement Period means the twelve month period beginning on the effective date of this Agreement The parties may by amendment designate an initial Agreement Period which is less than a year to coordinate with the Employers next plan year anniversary provided all succeeding Agreement Periods shall mean the twelve month period coinciding with the Employersplan year 13 COBRA means the Consolidated Omnibus Budget Reconciliation Act of 1985 as amended or as may be amended 14 Continuation of Coverage means the continuation of group health coverage mandated by COBRA and its regulations 15 Covered Qualified Beneficiary means a Qualified Beneficiary who is or was provided Continuation of Coverage by the EmployersPlan 16 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 Continuation of Coverage after the occurrence of a Qualifying Event 17 Employer means the individual proprietor partnership or corporation identified in the Plan and any predecessor thereto and any corporation with which the Employer shall be merged or consolidated or any corporation resulting in any manner from a reorganization of the Employer or any individual firm or corporation which shall assume the Health Benefits Continuation Coverage obligations of the Employer 18 Plan means an employee welfare benefit plan that is a considered a Plan within the meaning of Section 4980 Bg2 ofthe Internal Revenue Code of 1986 19 Health Benefits Continuation Coverage means the administrative services Claim Administrator offers to assist Employer in fulfilling Employers responsibilities under COBRA 110 Qualifying Event means the occurrence of an event which would result in the loss of eligibility of a Participant under the Employershealth benefit program but for the requirements of COBRA 111 Plan Administrator means the term administrator as defined in Section 316a of ERISA HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 35 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement 112 Qualified Beneficiary means 1 In general the term Qualified Beneficiary shall mean with respect to an employee eligible for health coverage under the Plan any individual who on the day before a Qualifying Event is covered under the Plan a as the spouse of the covered employee or b as the dependent child of the covered employee 2 In the case of a Qualifying Event which is caused by termination other than by reason for such employees gross misconduct or reduction of hours of the employees employment the term Qualified Beneficiary includes the employee 113 Subscriber means each Covered Qualified Beneficiary who 1 elected to continue group coverage under COBRA 2 submitted an application and 2 has a certificate number for continuation coverage under COBRA Depending upon the timing and nature of a Qualifying Event a family may have more than one Subscriber ARTICLE 2 SERVICES TO BE PROVIDED BY CLAIM ADMINISTRATOR During the duration of this Agreement Claim Administrator will perform such services as described in this Article 2 21 Once the Employer has notified Claim Administrator in writing of the occurrence of a Qualifying Event and has given Claim Administrator the name and current address of a Qualified Beneficiary Claim Administrator will timely provide the Qualified Beneficiary notice of the right to continue group coverage directed to the address provided Claim Administrator by the Employer 22 The notice provided a Qualified Beneficiary pursuant to Paragraph 21 of this Article 2 will also include information regarding Applicable Premium and an application form and will state the Election Period for the election of Continuation of Coverage Any Qualified Beneficiary electing Continuation of Coverage will be directed to communicate such election in writing to Claim Administrator Claim Administrator will bill and collect the initial Applicable Premium from the date of the loss of coverage because of the Qualifying Event to the end of the month in which such election is received 23 When an employee is a Qualified Beneficiary and makes an election the election is deemed to include all Qualified Beneficiaries listed in the notice except as otherwise stated in such election When the employee is not a Qualified Beneficiary and a dependent spouse is a Qualified Beneficiary an election by the dependent spouse is deemed to include all Qualified Beneficiaries except as otherwise stated in such election For purposes of this Section 23 an election includes a declination 24 Once a Qualified Beneficiary is established as a Subscriber Claim Administrator will establish the membership information in the Claim Administrator claims system 25 Claim Administrator will provide a monthly statement to each Subscriber Such statement shall indicate a due date for receipt of the Applicable Premium When Applicable Premium is not paid or not paid timely Claim Administrator will terminate Continuation of Coverage and provide a written letter of termination to the Subscriber Claim Administrator will deem payments that are less than 90 of the Applicable Premium to be insufficient and shall terminate coverage Payment of Applicable Premium less than the lesser of 50 or 10 of Applicable Premium shall be governed by 54 CFR 4980B 8 A 5d 26 A Subscriber will be notified ninety 90 days prior to the maximum period of coverage that such coverage will terminate in ninety 90 days The notice will contain information concerning the right if any to any additional type of continued coverage HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 36 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement 27 Upon receipt of evidence satisfactory to Claim Administrator that a Covered Qualified Beneficiary has becomeafterthedateofelectionineligibleforContinuationofCoverageforreasonsotherthanfailuretopaytheApplicable Premium or the expiration of the maximum period of coverage Claim Administrator will notify such ineligible Covered Qualified Beneficiary that the coverage is being terminated and the date and reason for such termination whether or not such termination date precedes the date of the notice 28 Claim Administrator shall notify the Subscriber of any change in the Applicable Premium 29 Claim Administrator will provide the Employer a written report giving the status of each Covered Qualified Beneficiary as of the end date of such report 210 Claim Administrator shall bill Employer monthly for Applicable Premium for each of Employers Covered Qualified Beneficiaries The Applicable Premium shall be payable to Claim Administrator in the same manner as for similarly situated persons covered by the Plan for whom no Qualifying Event has occurred 211 On a monthly basis Claim Administrator will furnish a check payable to Employer in the amount of Applicable Premium received from or on behalf of each Subscriber less COBRA administration fees described in Article 5 212 Claim Administrator will respond to written or telephone inquiries regarding Health Benefits Continuation Coverage ARTICLE 3 RESPONSIBILITIES OF THE EMPLOYER 31 The Employer retains full responsibility for and shall bear the cost of compliance with Continuation of Coverage 32 Employer shall provide all persons eligible for coverage under its Plans the general notice of Continuation of Coverage in conformity with 29 CFR Section 25906061 1 In the event Employer receives a notice from a person seeking Continuation of Coverage and determines that the person is not entitled to Continuation of Coverage Employer shall provide such person an explanation as to why the person is not entitled to Continuation of Coverage 2 In the event Employer receives information from a Covered Qualified Beneficiary regarding an extension of Continuation Coverage whether as the result of a second Qualifying Event or a social security disability determination Employer shall notify Claim Administrator within 14 days 33 Employer will provide Claim Administrator a written notice of the occurrence of a Qualifying Event 1 Within thirty 30 days after the occurrence of a Qualifying Event the Employer will provide a written notice of such event to Claim Administrator The written notice will be on a form satisfactory to Claim Administrator and will describe the nature and date of the Qualifying Event the name last known address and certificate number of each Qualified Beneficiary the date coverage under the Plan terminates and the types of coverage held by each Qualified Beneficiary on the date of the Qualifying Event Upon request Claim Administrator 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 Employers Plan and the Employer had no notice of such Qualifying Event within 30 days of such Qualifying Event the notice required by this Paragraph 33 will be provided in writing to ClaimAdministratornolaterthanfourteen14daysfollowingtheEmployersreceiptofnoticeoftheoccurrenceofsuch Qualifying Event 34 Should any Qualified Beneficiary communicate or attempt an election or declination of Continuation of CoveragedirectlywiththeEmployeroritsofficersoragentstheEmployershallimmediatelypresentanyandallinformation regarding such action to Claim Administrator For purposes of this Paragraph 34 immediately means within three 3 work days HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 37 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement 35 It is understood by the Employer that agencies enforcing Continuation of Coverage requirements may impose penalties on an Employer or Plan Administrator who fails to comply It is further understood by the Employer that Claim Administrator shall in no way be responsible for any said penalties nor does Claim Administrator agree to be liable for damages resulting from any said penalties which may be imposed on the Employer or Plan Administrator for non compliance 36 The Employer hereby agrees to identify its employee who shall act as the sole contact between the Employer and Claim Administrator in regard to matters under this Agreement 37 The Employer shall furnish on a timely basis to Claim Administrator certain information concerning the Employers Plan or Covered Qualified Beneficiaries as may from time to time be required by Claim Administrator for the performance of its duties under this Agreement including but not limited to the following 1 All documents by which the Continuation of Coverage is established and any amendments or changes to the coverage as may from time to time be adopted including thirty 30 days prior written notification to Claim Administrator when the Employer plans a reduction in force layoff strike or shutdown or filing for bankruptcy or makes changes to any of the following its Continuation of Coverage benefit pricing Applicable Premium or Plan carriers 2 All data as may be required by Claim Administrator regarding the Covered Qualified Beneficiaries who are to be covered under this Agreement a Such data may include without limitation a list of Covered Qualified Beneficiaries who are to be covered under this Agreement and completed Continuation of Coverage forms Further the Employer will notify Claim Administrator of the effective date of coverage for all Covered Qualified Beneficiaries who are to be covered under this Agreement Clerical errors or delays in keeping or reporting data relative to coverage under this Agreement will not invalidate coverage which would otherwise be validly in force or continue coverage which would otherwise validly terminate However the Employer is liable for any benefits paid for a Covered Qualified Beneficiary if the Employer had not timely notified Claim Administrator of such Covered Qualified Beneficiarystermination or ineligibility under COBRA b All such notification by the Employer to Claim Administrator must be furnished on forms or in a format approved by Claim Administrator and must include all information reasonably required by Claim Administrator to effect such changes 3 Such information as to Continuation of Coverage benefits as will enable Claim Administrator to accurately prepare any reports required under this Agreement The Employer furthermore shall use its best efforts to cooperate with and assist Claim Administrator as applicable in the performance of its duties hereunder 38 Employer shall notify Claim Administrator within three 3 work days upon receipt of information which employer has regarding any possible early termination of Continuation of Coverage such as health coverage under another Plan or Medicare 39 In the event of termination of this Agreement the Employer shall notify Subscribers of such termination and the procedures to be followed to retain Continuation of Coverage HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 3 8 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement ARTICLE 4 RESPONSIBILITIES OF CLAIM ADMINISTRATOR 41 Claim Administrator is empowered to act on behalf of the Employer in connection with Continuation of Coverage only as expressly stated in this Agreement or as mutually agreed to in writing by the parties hereto 42 Claim Administrator shall to the extent possible advise the Employer of any legal actions against it or the Employer which involve the obligations of the Employer or Claim Administrator under this Agreement Claim Administrator provided no conflicts of interest exist shall fully cooperate with the Employer at no cost to ClaimAdministratorintheEmployersdefenseofanyactionarisingoutofmattersrelatedtotheContinuationofCoverage or this Agreement 43 Except as provided in Article 5 Claim Administrator shall be responsible for expenses arising out of its performance of Health Benefits Continuation of Coverage ARTICLE 5 COMPENSATION The Employer shall compensate Claim Administrator for the Health Benefits Continuation of Coverage provided by Claim Administrator under this Agreement as described in Schedule 1 ARTICLE 6 TERM AND TERMINATION 61 This Exhibit shall run concurrent with the Agreement and shall terminate when the Agreement terminates subject to Run Out provisions The Agreement shall renew automatically for successive twelve 12 month periods unless terminated as provided in this Article 6 62 Either party may terminate this Agreement without cause by giving at least ninety 90 days prior written notice to the other party In the event of such termination Claim Administrator agrees to use its best efforts to assist the Employer in notifying Subscribers transferring data files and all other relevant information to the Employer or its delegate 63 This Agreement will terminate on the last date the Employer ceases to have an obligation to provide Continuation of Coverage under COBRA In the event that the Employer ceases to have an obligation to provide Continuation ofCoveragetheEmployerwillprovideClaimAdministratorwithatleastten10daysadvancewrittennoticeofthe cessation of its obligations 64 When this Agreement terminates 1 Claim Administrator shall have no further duty or responsibility after the date of termination The Employer shall immediately have complete responsibility for Health Benefits Continuation of Coverage and any other responsibilities contained in this Agreement Further the Employer agrees to notify all Subscribers of the termination 2 Any and all compensation due Claim Administrator whether or not previously billed will be due and payable within thirty 3 0 days of the date of termination ARTICLE 7 RELATIONSHIP OF PARTIES 71 Claim Administrator is an independent contractor with respect to the Employer and nothing in this Agreement shall create or be construed to create the relationship of employer and employee between Claim Administrator and the Employer nor shall the Employers agents officers or employees be considered or construed to be considered employees of Claim Administrator for any purpose whatsoever Claim Administrator is not the Plan Administrator and makes no discretionary decisions regarding eligibility for or termination of Continuation of Coverage HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 39 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement 72 It is understood and agreed that nothing contained in this Agreement shall confer or be construed to confer any benefit on persons who are not parties to this Agreement including but not limited to beneficiaries or former beneficiaries of the Employer or the Plan 73 The Employer acknowledges that this Agreement is separate and distinct from any other agreementsbetween the parties regarding certain administrative services or policies of insurance issued to said Employer All amounts due hereunder shall be in addition to the amounts service fees or premiums due Claim Administrator under any such agreements ARTICLE 8 GENERAL PROVISIONS 81 TAXES In the event any taxing authority having jurisdiction over either or both of the parties determines that the compensation paid to Claim Administrator by the Employer results in any tax liability other than an income tax to Claim Administrator such tax shall be the responsibility of the Employer and the amount of such tax shall be paid by the Employer to Claim Administrator upon written request pursuant to Article 5 of this Agreement 82 NOTIFICATION Claim Administrator is not obligated to notify any Qualified Beneficiary regardless of whether or not the Qualified Beneficiary has elected Continuation of Coverage of the termination of this Agreement 83 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 Claim Administrator at PO Box 1180 Marion IL 62959 7680 and to the Employer at the Employer address indicated on Exhibit 5 the Benefit Program Application BPA HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 40 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement SCHEDULE I ADMINISTRATIVE FEE The Employer will pay a separate and distinct Administrative Fee to Claim Administrator as payment for the Administrative Services Claim Administrator provides under this Agreement This Administrative Fee will be due and payable as follows i The Employer will pay Claim Administrator a Seventy Five Dollar 7500 monthly administrative fee The sum of Seventy Five Dollars 7500 will be deducted from the monthly remittance to the Employer pursuant to Article 2 Section 211 If the Seventy Five Dollar 7500 fee exceeds the amount of Applicable Premium received the excess will be due and payable to Claim Administrator upon receipt of a monthly invoice ii The Employer will pay Claim Administrator a sum of Ten Dollars 1000 per Covered Qualified Beneficiary on a monthly basis as the payment for the services Claim Administrator provides under this Agreement The sum of Ten Dollars 1000 per Covered Qualified Beneficiary per month will be deducted from the monthly remittance to the Employer pursuant to Article 2 Section 211 If the total of Ten Dollars 1000 per Qualified Beneficiary per month fee exceeds the amount of Applicable Premium received the excess will be due and payable to Claim Administrator upon receipt of a monthly invoice iii The Employer will pay BCBSTX a sum of Ten Dollars 1000 per Qualified Beneficiary for each notice of their COBRA rights The sum of Ten Dollars 1000 per notice will be deducted from the monthly remittance to the Employer pursuant to Article 2 Section 211 If the Ten Dollars 1000 per Qualified Beneficiary notice fee exceeds the amount of premium received the excess will be due and payable to BCBSTX upon receipt of a monthly invoice iv The Employer will pay Claim Administrator a sum of One Hundred Dollars 10000 per hour for any system programming costs associated with non standard administration services The sum of One Hundred Dollars 10000 per hour will be deducted from the monthly remittance to the Employer pursuant to Article 2 Section 211 If the One Hundred Dollars 10000 per hour fee exceeds the amount of Applicable Premium received the excess will be due and payable to Claim Administrator upon receipt of a monthly invoice HCSC TX Gen ASA Med Non ERISA REGCF Rev 912 41 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement EXHIBIT 5 BENEFIT PROGRAM APPLICATION ASO BPA HCSC TX Gen ASA Med Non ERISA REGCFRev 912 42 Proprietary Information Not for use or disclosure outside Claim Administrator Employer their respective affiliated companies and third party representatives except under written agreement EXHIBIT 5 ASO Benefit Program Application BPA Application to Administrative Services Only ASO Group AccountsAdministeredbyBlueCrossandBlueShieldofTexasadivisionofHealthCareServices Corporation A Mutual Legal Reserve Company hereinafter referred to as the Claim Administrator or HCSC Group Stat a Renewing A8OAccount Employer Account Number 6digits080897 Group Numbers 089527 Section Numbers ALL Effective Date 01012013 Anniversary Date AD 0101 Legal Employer Name City of College StationSpecifytheemployerortheemplo ee trust applying for coverage AN EMPLOYEE BENEFIT PLAN MAY NOT BE NAMED ACCOUNT INFORMATION Ei NO CHANGES 0 SEE ADDITIONAL PROVISIONS5e Empoyer Identification Number SIC Nature of Business Primary Address Public Entity Yes No City State Zip Administrative Contact Title Phone Number Fax Number Email Address Physical Address if different from Primary required City Zip Billing Address City State Zip Billing Contact Title Phone Number Fax Number Email Address Blue Access for Employers SAE ContactTheBAEContactistheEmployeeoftheaccountauthorized by the Employer to access and maintain its account via BAE Title Phone Number Fax Number Email Address SubsidiaryAffiliated Companies SubsidiaryAffiliated Companies Address Contact me City State Zip Phone Number Fax Number Email Address ERISA Plan OYes No If yes specify ERISA Plan Year mmddyy ERISA toc PIan AdministratorsAddress PRODUCER OF RECORD INFORMATION NO CHANGES SEE ADDITIONAL PROVISIONS If applicable the belownamed producersoragencyies isare recognized as Employers Producer of Record POR toactasrepresentativeinnegotiationswithandtoreceivecommissionsfromBlueCrossandBlueShieldofTexasadivisionofHealthCareServiceCorporationHCSCaMutualLegalReserveCompanyandHCSCsubsidiariesfor Empnyeoemployee benefit programs This statement rescinds any and all previous POR appointments for Employer The POR is authorized to perform membership transactions on behalf of Employer This appointment will remain in effect until withdrawn or superseded in writing by Employer 1 produoers or Agencyios to whom commissions are to be paid Tax ID Number TIN of Cl Producer or LI Agency Producer Producer Street City ZipAddress Phone Fax Email Is ProducerAgency appointed with BCBSTX Yes El General Agent Yes 0 No No Affihiated with General Agent Yes El No 2 Produmeraor Agencyiesto whom commissions are to be paid Tax ID Number TIN of a Producer or Agency Producer xmmmoenamoupo8o112 nnnnevemmn 1 Agency Address Street City Zip Phone Fax Email s Producer Agency apponhdhBCBST7Yesappointed General Agent Yes NoNo Affihiated with General Agent ri Yes El No If commission split designat percentage for each producer Producer Agency 1 Producer Agency 2 agency Note total commissions paid must equal 100 3 Multiple Location Agencyies If servicing agency is not listed above as Item 1 or 2 specify location below The Producer or agency namesabove to whom commissions are to be paid must exactly match the nameson the appointment applications If commissions are split please provide the information requested above on both producersagencies BOTH must be appointed to do business with BCBSTX Djj LEorB1LITykaitK4M0A C 11 ANoE S SEEAbbitidNAL 1 Eligible Person means El A fulltime employee of the Employer E A fulltime employee who is a member of name ofunion E A parttime employee of the Employer A retiree of the Employer Other Are any classes of employees to be excluded from coverage El Yes No If yes please identify the classes and describe the exclusion 2 FullTime Employee means Fl A person who is regularly scheduled to work a minimum of hours per week and who is on the permanent payroll of the Employer El Other 3 Domestic Partners covered Yes No lfyes A Domestic Partner as defined in the Plan shall be considered eligible for coverage The Employer is responsible for providing notice of possible tax implications to those Covered Employees with Domestic Partners If yes are Domestic Partners eligible to continue coverage under COBRA Yes Fl No If yea are dependents of Domestic Partners eligible for coverage Fl Yes 0 No If yes the Limiting Age for covered children of Domestic Partners means twentysix yeona regardless of presence or absence of a childs financial dependency reoidancy student status employment marital status or any combination of those factors 4 Are children of any age who are medically certified as disabled and dependent on the employee for support and maintenance eligible for coverage Yes El No who medically d N d d dependent the for supportArechildrenovertheLimitingAgevvoormoeymmnonammpyeereuppo and maintenance eligible for coverage under the plan if they were not covered under the plan prior to reaching the Limiting Age El Yes No 5 Are unmarried grandchildren eligible for coverage Fl Yes No If yea must the grandchild be dependent on the employee for federal income tax purposes at the time application is made El Yes No G The effective date for a newly eligible person who becomes effective after the employers initial enrollment date The date of employment D The day of the month following the date of employment The day of the month following days of employment El The day of the month following months or days of employment ElThe day of employment oomcmganuoobpe8o112onnnovemmn 2 Other Is the waiting period requirement to be waived on initial group enrollment The waiting period means the waiting period an Employee must satisfy in order for coverage to become effective Covered family members do not have to satisfy a waiting period to become effective DYeo No Are there multiple new hire employee waiting periods Yes El No If yes please attach eligibility a nd contribution details for each section 7 The Effective Date of termination for a person who ceases to meet the definition of Eligible Person El The date such person ceases to meet the definition of Eligibte Person El The last day of the calendar month in which such person ceases to meet the definition of an Eligible Person LJ Other 8 The Limiting Age for covered children is Twentysix 26 years regardless of presence or absence of a childs financial dependenoy nasidency student xtetus empoyment marital status or any combination of those factors For plan years beginning before January 1 2014 an ASO grandfathered group health plan may exclude an adult child under 26 from coverage only if the child is eligible to enroll in an eligible employer sponsored health plan as defined in Section 5000A02of the Internal Revenue Code other than a group health plan of a parent To cover children age twentysix 26 and over you must select option i or below i LI The Limiting Age for covered children age twentysix26 or over Ell who are unmarried regardtess of marital etatuo is yeans7wentyooven27 hroughbhirty3areheaueilabaopbons ii The Limiting Age for covered children who are fulltime students and age twentysix 26 or over E who are unmarried 11 regardtess of marital status is yeamo7wentyaewenC27lhnoughhirty3Oaehaave0abeoptina Student certification El Account or 11 BCBSTX or El None Frequency of Certification Letters Annually AN Quarterly QU SemiAnnually SA Certification Schedule Month 1 Month 2 Month 3 Month 4 For Annual Notification indicate one month JanDec for notficoUon for Semiannual select 2 montho for quarterly select 4 months Automatically cancel dependents who reach the maximum limiting age D Yes No However such cancellation shall be postponed in accordance with any applicable federal or state law B Termination of coverage upon reaching the Limiting Age CD Coverage is terminated on the birthday FA Coverage is terminated on the last day of the month in which the Limiting Age is reached l Coverage is terminated on the Iast day of the bilting month D Coverage is terminated on the last day of the year 1231 in which the Limiting Age is reached El Coverage is terminated on the groupsAnniversary Date Will coverage for a child who is medically certified as disabled and dependent on the parent terminate upon reaching the Limiting Age even if the child continues to be bot disabled and dependent on the parent Yes 111 No However such coverage shall be extended in accordance with any applicable federal or state law 10 Enrollment Special Enrollment An Eligible Person may apply for coverage Family coverage or add dependents within thirtyonedaysofaqualifyingeventifheshedidnotapplypriortohisherEligibilityDateorwheneligibletodosoSuchpersonsCoverageDateFamilyCoverageDateandordependentsCoverageDatewillbetheeffectivedateofthequalifyingeventorintheeventofSpecialEnrollmentduetoterminationofpreviouscoveragethefirstdayofthePIanMonthfollowingreceiptoftheapplicationInthecaseofaqualifyingeventduetolossofcoverageunderMedicaidorastatechildrenshealthinsuranceprognamhoweverthisenrollmentopportunityisnotavailableunlesstheEligible Person requests enroflment within sixty 60 days after such coverage ends Late Enrollment An Eligible Person may apply for coverage Family coverage or add dependents if heshe did not apply prior to hisher Eligibility Date or did not apply when eligible to do so Such persons overage Date Family Coverage Date andor dependents Coverage Date will be a date mutually agreed to by the Claim Administrator and the Employer honcmgenaoobpaao112 ontineversion 3 An Eligible Person may apply for coverage Family coverage or add dependents if heshe did not apply prior to hisher Eligibility Date or did not apply when eligible to do so during the Emptoyers Open Enrollment Period Such persons Coverage Date Family Coverage Date andor dependents Coverage Date will be a date mutually agreed to by the Claim Administrator and the Employer Such date shall be subsequent to the Open Enrollment Period Late applicant enroUmenLoptiona Ell Annual open enrollment late applicant may apply during open enrollment and for applicants nineteen 19 years of age or older be subject to a 12month preexisting waiting period credit will always be applied Fl No Annual Open Enrollment late applicants are never eligible for coverage dental only Fl Annual open enroflment no preexisting waiting period El Late applicants may apply at any time coverage is effective first of the month following receipt of the application For applicants nineteen 19 years of age or older an 18month preexisting waiting period applies Specify Open Enrollment Period 11 Preexisting waiting period El Preexisting waiting period waived for all participants up to age nineteen All other participants age nineteen 19 and over must serve preexisting waiting period Benefits for treatment incurred during the months prior to the effective date of membership will not be covered for months after the effective date Preexisting is waived on the accounts initial enrollment All other participants age nineteen 19 and over must serve preexisting waiting period Benefits for treatment incurred during the months pror to the effective date of membership will not be covered for months after the effective date Preexisting waiting period waived for all participants 12 Extension of benefits due to Temporary Layoff Disability or Leave of Absence Temporary Layoff days Disability days Leave of Absence days However benefits shall be extended for the duration of an Eigible Personsleave in accordance with any applicable federal or state Iaw 13 COBRA Auto Cancel El Yes No MembersCOBRAContinuation of Coverage will be automatically cancelled at the end of the memberseligibility e CURRENT EMPLOYEE ELIGIBILITY INFORMATION NO CHANGES Current number of Employees enrolled PROVISIONS v mployeesSubscribers 1 on payroll 2 on COBRA continuation coverage 3 with retiree coverage if applicable 4 who work parttime 5 serving the new hire waiting pericd 6 declining because of other group coverage eg other commercial group coverage Medicare Medicaid TRICAREChampus 7 declining coverage not covered elsewhere LINES OF BUSINESS Check all applicable products El NO CHANGES 0 SEE ADDITIONAL PROVISIONS Li Managed Health Care Coverage El PPO j EPO C1 Dual Option 0 POS High Plan Name Ej HMO Low Plan Name 0 with Drug coverage 0 without Drug coverage 1 Consumer Driven Health Plan 0 HCA if selected complete separate MCA Benefit Program Application BlueEdge LI HSA if selected provide HSA Administrator or trustee name FSA vendor ConnectYourCare available 112013 I Traditional coverage Ell OutofAreaIndemnity El Benefit Offering 1 Prescription Drug Coverage Ej Prescription Drug Program Ej StandAlone Prescription Drug Program EI Comprehensive Dental Coverage Plan Choose an item Dual Option Plan 1 Choose an item Plan 2 Choose an item LJ Comprehensive Vision Coverage InHospital Indemnity IHI El Wellness Incentives Ej Stop Loss Coverage If selected complete separate Stop Loss exhibit CI Dearborn National Life Insurance If selected complete separate Life application 111 HCSC COBRA Administrative Services If selected complete separate COBRA Administrative Services Addendum COMMENTS 2013 Renewal hcsc tx gen aso bpa 83112onlineversion 5 FINANCIAL DOCUMENT ADMINISTRATION FEE SCHEDULE Fee To begin on Effective Date of Coverage and continue for El 12 Months LI Other Months Administrative Charge s 0 NO CHANGES E SEE ADDITIONAL PROVISIONSATTACHMENti 1 Type tz Medical LI Medical Dental LI Other 2 Administrative Charge Chart Product Service 112013 112014 112015 Base Administrative Charge Medical 4951 5199 5458 Choose an Item Choose an Item Choose an Item Prescription Drug Rebate Credit per Covered Employee per month is the guaranteed Prescription Drug Rebate savings reflected as a Prescription Drug Rebate credit Expected rebate amounts to be received by the Claim Administrator are passed back to the Employer with one hundred percent 100 of the expected amount applied as a credit on the monthly billing statement on a per Covered Employee per month basis Rebate credits are paid 930 TBD TBD prospectively to the Employer and shall not continue after termination of the Prescription Drug Program Further information concerning this credit is included in the governing Administrative Services Agreement to which this ASO BPA is attached under the section titled CLAIM ADMINISTRATORS SEPARATE FINANCIAL ARRANGEMENTS WITH PHARMACY BENEFIT MANAGERS Blue Care Connection BCC Program Enhanced BCC Program Buy Ups Description Choose an Item Description Choose an Item Other Other Other Other Other Total 4011 Additional Comments hcsc tx gen aso bpa 83112online version 6 Dental 372 3 Termination Administrative Charge The Termination Administrative Charge applicable to the RunOff Period shall be equal to the sum of the amounts obtained by multiplying the total number of Covered Employees by category per Covered Employee per individual or family composite during the three 3 months immediately preceding the date of termination by the appropriate factors shown below Service 112013 142014 142015 Medical RunoffAdministration Charge 1872 1966 2064 Dental RunoffAdministration Charge Additional Comments 4 BlueCard ProgramNetwork access fee Available upon request 5 Not applicable to Grandfathered Plans External Review Coordination Employer acknowledges and agrees 0 to a fee of 700 for each external review requested by a Covered Person that the Claim Administrator coordinates for the Employer in relation to the EmployersPlan iithat the Claim Administrators coordination shall include reviewing external review requests to ensure that they meet eligibility requirements referring requests to accredited external independent review organizations and reversing the Plans determinations if so indicated by external independent revieworganizations and iii that the external reviews shall be performed by an independent third party entity or organization and not the Claim Administrator Amounts received by Claim Administrator and external independent review organizations may be revised from time to timeandmaybepaideachtimeanexternalreviewisundertakenFurtherEmployerelectsforexternalreviewstobe performed under the Federal Affordable Care Act external review process 6 Reimbursement Provision Fl Yes No If yes It is understood and agreed that in the event the Claim Administrator makes a recovery on a thirdparty IiabilityclaimtheClaimAdministratorwillretain25ofanyrecoveredamountsotherthanamountsrecoveredasaresultof or associated with any Workers Compensation Law 7 Claim AdministratorsThird Party Recovery Vendor It is understood and agreed that in the event the Claim Administrators Third Party Recovery Vendor makes a recovery on a claim the Employer will pay no more than 25 of any recovered amount hnmcmoonmmbae311oonlinoversion 7 Plan Design Material I3 NO CHANGES 0 SEE ADDITIONAL PROVISIONS 1 Benefit booklets Is BCBSTX providing benefit booklets fl Yes EJ No El Standard benefit booklet no additional charge ID Customized benefit booklets Ell No additional charge El Supplemental Billing El Customized booklet covers j No additional charge Ej Supplemental Billing Ell ERISA plan information Li No additional charge El Supplemental Billing 2 Subscriber ID cards El Standard subscriber ID cards no additional charge El Customized ID card services El No additional charge Lil Supplemental Billing 3 Network provider directories El No additional charge El Supplemental Billing 4 Subscriber claim forms enrollment forms enrollment materials 11 No additional charge Supplemental Billing 5 Special mailings Provider directories to be mailed to home addresses LI Yes El No Li Cost included in admin charge El Supplemental Billing 6 Other Additional charge Custom booklet covers are not available on electronic documents A indicated in fee table on previous page PAYMENT SPECIFICATIONS IS NO CHANGES El SEE ADDITIONAL PROVISIONS Employer Payment Method fl Online Bill Pay Ej Electronic Ell Check Employer Payment Period LI Weekly cannot be selected if Check is selected as payment method above El TwiceMonthly 0 Monthly El Other please specify Claim Settlement Period Monthly RunOff Period Transfer Payments are to be made for twelve 12 months following the end of the Fee Schedule Period Final Settlement Final Settlement to be made within 60 days after end of RunOff Period BROKERCONSULTANT COMPENSATION The Employer acknowledges that if any brokerconsultant acts on its behalf for purposes of purchasing services in connection with the Employers Plan under the Administrative Services Agreement to which this ASO BPA is attached the Claim Administrator may pay the Employers brokerconsultant a commission andor other compensation in connection with such services under the Agreement If the Employer desires additional information regarding commissions andor other compensation paid the brokerconsultant by the Claim Administrator in connection with services under the Agreement the Employer should contact its brokerconsultant hcsc tx gen aso bpa 83112onlineversion 8 1 Certificate of Creditable Coverage El Yes I No Ifyes The Employer directs the Claim Administrator to issue to individuals whose coverage under the Plan terminates during the term of the Administrative Services Agreement to which this ASO BPA is attachedeCertificateofCreditableCoverageTheCertificateofCreditableCoverageshallbebaseduponinformation required for issuance of a Certificate of Creditable Coverage to be provided to the Claim Administrator by the Employer and coverage under the PIan during the term of the Administrative Seivices Agreement 2 Summary of Benefits Coverage a Claim Administrator will create Summary of Benefits Coverage SBC El Yes If yes please answer question b The SBC Addendum is attached 11 No If No then the Employer acknowledges and agrees that the Employer is responsible for the creation and distribution of the SBC as required by Section 2715 of the Public Health Service Act 42 USC 300gg15 and SBC regulations 45 CFR 147200 as supplemented and amended from time to time and that in no eventwilltheClaimAdministratorhaveanyresponsibilityorobligationwithrespecttotheSBCTheClaim Administrator is not obligated to respond to or forward misrouted caUs but may at its opUon provide participants and beneficiaries with Employers contact information A new clause e is added to Subsection C in the Additional Provisions as follows e the SBC Skip question b b Claim Administrator will distribute Summary of Benefits Coverage SBC to participants and beneficiaries 121 No Claim Administrator will create SBC only for benefits Claim Administrator administers under he Agreement and provide SBC to Employer in electronic format Employer will then distribute SBC to participants and beneficiaries or hire a third party to distribute as required by law Fl Yoo Claim Administrator will create SBC only for benefits Claim Administrator administers under the Agrement and provide SBC to Employer in electronic format Employer will then distribute to participants and beneficiaries as required by law except that Caim Administrator will send the SBC in response to the occasional request received directly from ndividuats Yes Claim Administrator will create SBC only for benefits Claim Administrator administers under the Agreement distribute SBC to participants ond benchvie reguor hordcpy mail or electronically Distribution Fee for hardcopy mail is 130 per package The distribution fee will not apply to SBCs that Claim Administrator sends in response to the occasional request received directly from individuals 3 The Massachusetts Health Care Reform Act requires employers to provide or contract vvithonotherentihtopnovide a written statement to individuals residing in Massachusetts who had creditable coverage at any time during the prior calendar year through the employers group health plan and to file a separate electronic report to the Massachusetts Department of Revenue verifying information in the individual written statements a The Employer directs Claim Administrator to provide written statements of creditable coverage to its Covered Employees who reside or have enrolled dependents who reside in Massachusetts and e electronic reposto the Massachusetts Department of Revenue in a manner consistent with the requirements under the Massachusetts Health Care Reform Act Such written statements and electronic reporting shall be based on information provided to the Claim Administrator by the Employer and coverage under the Pun during the term of the Administrative Services Agreement The Employer hereby certifies that to the best of its knowledge ouoh coverage under the Plan ie creditable coverage in accordance with the Massachusetts Health Care Reform Ao The Employer acknowledges that the Claim Administrator is not responsible for verifying nor ensuring compliance with any tax andor legal requirements naatdto thi service The Empoyer or its ovared Employees should seek advice from their legal or tax advisors as necessary FlYes No b If no The Employer acknowledges it will provide written statements and electronic reporting to the Massachusetts Department of Revenue as required by the Massachusetts Health Care Reform Act 4 Employer contribution The percentage of premium to bepaid by the employer is hmmmgmneooupaoo112nnnneversion 9 5 This ASO Benefit Program Application ASO BPA is incorporated into and made a part of the Administrative Services Agreement with both such documents to be referred to collectively as the Agreement unless specified otherwise hcsc tx gen aso bpa 83112onlineversion 10 ADDITIONAL PROVISIONS A Grandfathered Health Plans Employer shall provide Claim Administrator with written notice prior to renewal and during the plan year at least 60 days advance written notice of any changes that would cause any benefit package of its group health plans each hereafter a plan to not qualify as a grandfathered health plan under the Affordable Care Ac and applicable regulations Any such changes or failure to provide timely notice thereof can result in retroactive andor prospective changes by Claim Administrator to the terms and conditions of administrative services In no event shall Claim Administrator be responsible for any legal tax or other ramifications related to any plans grandfathered health plan status or any representation regarding any plans past present and future grandfathered status The grandfathered health plan form Form if any shall be incorporated by reference and part of the BPA and Agreement and Employer represents and warrants that such Form is true complete and accurate B Retiree Only Plans Excepted Benefits andorSelfInsured Nonfederal Governmental Plans If the BPA includes any retiree only pana excepted benefits andorselfinsured nonfederal governmental plans with an exemption election then Employer represents and warrants that one or more such plans is not subject to some or all of theprovisionsofPartAIndividualandGroupMarketReformsofTitleXXVIIofthePublicHealthServiceActandor related provisions in the Internal Revenue Code and Employee Retirement Income Security Act an exempt plan status Any determination that a plan does not have exempt plan status can result in retroactive andor prospective changes by Claim Administrator to the terms and conditions of administrative services In no event shall Claim Administrator be responsible for any ege tax or other ramifications related to any plans exempt plan status or any representation regarding any plans exempt ptan status C Employer shall indemnify and hold harmless Claim Administrator and its direntona officers and employees against any and all loss liability damages fines penalties taxes expenses including attorneys fees and costs or other costs orobligationsresultingfromorarisingoutofanyclaimslawsuitsdemandsgovernmentalinquiresoractions settlements or judgments brought or asserted against Claim Administrator in connection with a any plans grandfathered health plan status b any plans exempt plan status c any plans design including but not limited to any directions actions and interpretations of the Employer d any provision of inaccurate information andor e the SBC Changes in state or federal law or regulations or interpretations thereof may change the terms and conditions of administrative services The provisions of paragraphs AC directly above shall be in addition to and do not take the place of the other terms and conditions of administrative services between the parties hcsc tx gen aso bpa 83112ontineversion 11 PROXY The undersigned hereby appoints the Board of Directors of Health Care Service Corporation a Mutual Legal Reserve Company or any successor thereof HCSC with full power of substitution and such persons as the Board of Directors may designate by resolution as the undersigneds proxy to act on behalf of the undersigned at all meetings of members of HCSC and at all meetings of members of any successor of HCSC and any adjournments thereof with full power to vote on behalf of the undersigned on all matters that may come before any such meeting and any adjournment thereof The annual meeting of members shall be held each year in the corporate headquarters on the last Tuesday of October at 1230 pm Special meetings of members may be called pursuant to notice mailed to the member not less than 30 nor more than 60 days prior to such meetings This proxy shall remain in effect until revoked in writing by the undersigned at least 20 days prior to any meeting of members or by attending and voting in person at any annual or special meeting of members Group No By t r igners Name Here p d IamAtli1 Signature and Title r Group Name 4Y of I tor Stub bh fit Address Po 8ox gq Zs 90 1 Tcqs City ab 11 Sf Ot State TX Zip Code 16 qb Dated this e day of DAIA00 Month Year hcsc tx gen aso bpa 83112online version 13 1 UNDERSTAND AND AGREE THAT 1 The proposed fees are effective for 12 months subject to contract provisions and are based on the information and conditions stated Final fees are subject to review based on actual enrollment results If there is a1Oorgreater variance in the enrolfment andor less than the minimum enroUment requirement of BCBSTXreserves the right to review the finat fees The information provided in this application is complete and accurate to the best of my knowledge If this information is incomplete or inaccurate BCBSTX may rerate the pen withdraw the proposal or cancel the contract 2 Has there been a significant change in the claims experience previously provided El Yee No If significant changes have been made complete and attach Account Experience Addendum to BPA 3 Have there been any significant changes in the previously provided locations of eligible employees Yes ZNo If significant changes have been made attach new census 4 Receipt by BCBSTX of the advance administrative fee where applicable in the amount of and completed enrollment forms does not constitute approval and acceptance by the BCBSTX Home Office 5 If applicable effective the abovenamed producersoragencyies isare recognized as EmployersProducer of Record POR to act as representative in negotiations with and to receive commissions from Blue Cross and Blue Shield of Texas a division of Health Care Service Corporation HCSC a Mutual Legal Reserve Company and HCSC subsidiaries for our employee benefit programs This statement rescinds any and all previous Producer of Record appointments for this company The above named agents or agencyies is authorized to perform membership transactions on behalf of the Employer This appointment will remain in effect until withdrawn or superseded in writing by our company 6 Producer Statement f appticable 1 certify that 1 have reviewed alt enrollment materials have atso advised the Employer that I have no authority to bind these coverages to alter the terms of the ContractsPolicyiesthis BenefitProgramApplicationorenrollmentmaterialinanymannerortoadjustanyclaimsforbenefitsunderthe ContractsPolicyies 7 BCBSTX will report the value of all remuneration by BCBSTX to ERISA plans with 100 or more participants for use in preparation of ERISA Form 5500 schedules Reporting will also be provided upon reques to nonERISA plans or plans with fewer than 100 partcipants Reporting will include base commissions bonuses incentives or other forms of remuneration for which your Producerconsultant is eligible for the sale or renewal of selffunded andorinsured products e Authorized BCI3STX Representative Signature of Authorize Prch v Title Date Tu BCBSTX Telephone and Fax number Date Producer Representative ifapplicable Date ProducerTelephone and Fax numbers hcmzmmmmmbpae3112ontine version 12 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-319 Name:2014 Basic and AD&D Status:Type:Contract Consent Agenda File created:In control:3/10/2014 City Council Regular On agenda:Final action:3/27/2014 Title:Presentation, possible action, and discussion on approving projected City expenditures for employee life, accidental death & dismemberment (AD&D) insurance for all benefit-eligible employees. Projected annual City cost for January 1, 2014 through December 31, 2014 is $93,000. Sponsors:HR Indexes: Code sections: Attachments:13-125 - Mutual of Omaha.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on approving projected City expenditures for employee life, accidental death & dismemberment (AD&D) insurance for all benefit-eligible employees. Projected annual City cost for January 1, 2014 through December 31, 2014 is $93,000. Approval of projected City expenditures for employee life, accidental death & dismemberment (AD&D) insurance for all benefit-eligible employees. Relationship to Strategic Goals: Financially Sustainable City Recommendation(s):Staff recommends council to authorize the expenditures for the policy with Mutual of Omaha for all lines of life insurance coverage stated above. Summary:The City currently provides life insurance and accidental death &dismemberment (AD&D)insurance for all benefit-eligible employees,each in the amount of two times annual salary. The City also provides a line of duty benefit for all sworn police and fire personnel equal to $50,000. Employees may also purchase supplemental life insurance on themselves and/or their dependents at a group rate.The City of College Station issued an RFP in July 2012 for all lines of life insurance coverage.The current contract was implemented January 1,2013 with a 3 year rate guarantee to expire in 2016. Budget & Financial Summary:Funds are budgeted in the Benefits Fund. College Station, TX Printed on 3/21/2014Page 1 of 1 powered by Legistar™ December 13 2012 Consent Agenda Item No 2f 2013 Basic Voluntary Life and AD D To David Neeley City Manager From Alison Pond HR Director Agenda Caption Presentation possible action and discussion regarding a new policy for employee life accidental death dismemberment AD D voluntary life and AD D and dependent life insurance with Mutual of Omaha Projected annual City cost is 9300000 Relationship to Strategic Goals Select all that apply 1 Financially Sustainable City Recommendations Staff recommends council approve the policy with Mutual of Omaha for all lines of life insurance coverage stated above Summary The City currently provides life insurance and accidental death dismemberment AD D insurance for all benefit eligible employees each in the amount of two times annual salary The City also provides a line of duty benefit for all sworn police and fire personnel equal to 50000 Employees may also purchase supplemental life insurance on themselves and or their dependents at a group rate The City of College Station issued an RFP in July 2012 for all lines of life insurance coverage Nine responses were received and Mutual of Omaha is recommended they offer a 23 decrease in rates from 2012 Budget Financial Summary Funds are budgeted in the Benefits Fund Reviewed and Approved by Legal Yes Attachments New Customer Verification Guide 76 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-332 Name:Dowling Road Pump Station Status:Type:Contract Consent Agenda File created:In control:3/14/2014 City Council Regular On agenda:Final action:3/27/2014 Title:Presentation, possible action, and discussion to purchase and install a new motor control center for high service pump #1 at the Dowling Road Pump Station, for a total cost not to exceed $120,000, and approval of a contingency transfer. Sponsors: Indexes: Code sections: Attachments:Reynolds Quote Action ByDate Action ResultVer. Presentation, possible action, and discussion to purchase and install a new motor control center for high service pump #1 at the Dowling Road Pump Station, for a total cost not to exceed $120,000, and approval of a contingency transfer. Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation(s): Staff recommends approval of the equipment purchase and the installation contract and recommends approval of the contingency transfer. Summary: The “high service” (HS) pumps at the Dowling Road pump station pressurize the entire water distribution system and keep the water flowing to our customers. On high water usage days in the summer, all the HS pumps are needed to keep up with demand. Presently, HS pump #1 is not usable, because components in the motor control center (MCC) have failed, specifically the variable frequency drive (VFD). This VFD is 13 years old, and replacement parts are not economically available, therefore the most cost effective solution is to replace the entire MCC. We must have HS- 1 back in service by early June. Staff has selected an Allen Bradley (AB) unit as the new standard MCC. It is important to use the AB unit because this manufacturer most easily integrates into our automatic control system (SCADA), and will allow us to continue to standardize training on future repairs and minimize spare parts inventory. The quote of $84,275 for the AB MCC is from The Reynolds Company, who is the sole authorized AB distributer for this area. This price includes delivery of the equipment to Dowling Road, with a delivery time of 10 weeks, but does not include installation. Staff is getting quotes from qualified electrical contractors for the installation, which we expect will not exceed $35,000. However, due to the 10 week delivery time on the equipment, staff is requesting College Station, TX Printed on 3/21/2014Page 1 of 2 powered by Legistar™ File #:14-332,Version:1 Council approve the equipment purchase, before the installation details are finalized. If Council approves, then the installation contract will be issued by the City Manager. Budget & Financial Summary: As replacement of the motor control center was not anticipated when the FY14 budget was developed, funds for the replacement were not budgeted. A contingency transfer in the amount of $120,000 is being requested for approval. Contingency transfers greater than $15,000 require Council approval. There is adequate budget within the Water Capital Projects contingency to cover this item. Attachments: Quote from Reynolds College Station, TX Printed on 3/21/2014Page 2 of 2 powered by Legistar™ Page 1 of 6 6775 Bingle Rd. Houston, Tx. 77092 713-426-8400 Quote # QMOEV0073A February 18, 2014 College Station Utilities College Station, Tx. Attention: Mike Kellogg Subject: 400 HP VFD Quote, 6-Pulse We are pleased to submit our proposal for a 400HP, 6-Pulse, Allen-Bradley PowerFlex 755 drive and input harmonic filter. The following pages contain pricing, delivery and a description of the solution proposed. If you have any further questions regarding this quotation please contact me. Thank you again for your continued interest in our products and services. Very truly yours, Larry Alexander CC: Lee Hankins Page 2 of 6 QUOTE REVISIONS Version A – 2/18/14 – Orginal quotation PROVIDED INFORMATION 1) Existing motor is 500 HP / 480 VAC / 542 Amp 2) The load only draws a maximum current of 370 Amps a. Customer would like to down size VFD size to match current load currents b. Look into supplying a 400 HP drive package instead of a 500 HP 3) Required features: a. NEMA 1 Enclosure b. Input power circuit breaker c. 120 VAC I/O d. Ethernet communications e. Hand – Off – Auto selector switch f. Start, Stop pushbuttons g. Push to test lights i. Run ii. High Pressure Alarm iii. Pump Shutdown iv. Ground Fault Alarm v. High Pressure Reset h. Elapsed time meter PROPOSED SOLUTION 400 HP Drive Package with harmonic filter A) Enclosure a. NEMA 1 – Free Standing Enclosure b. Estimated dimensions: 91”H x 71”W x 24”D c. Fans and filters for ventilation B) Input power circuit breaker a. Rotary, through the door disconnect switch b. Need to define incoming power cable size and quantity C) Harmonic Filter a. Capacitor disconnect contactor D) PowerFlex 755 VFD a. 400 HP – Normal Duty (110% overload capacity for 1 minute) b. 486 Amps continuous output current – 534 Amps peak output current for 1 minute c. 120 VAC IO Card d. Ethernet card E) Output power bus tabs a. Output cable lugs provided – assumed 2 conductors per phase b. Need to define cable size and number of conductors F) Control power transformer Page 3 of 6 G) Enclosure door mounted items a. Drive HIM (keypad) b. Elapsed Time Meter c. Pilot Lights – push to test i. Drive Running ii. Drive Off iii. High Pressure Alarm iv. Pump Shutdown v. Ground Fault d. Pushbuttons i. Start ii. Stop iii. High Pressure Fault Reset e. Hand - Off - Auto selector switch f. E-Stop Mushroom Pushbutton Note: Enclosure permits top or side cable entry/exit. If bottom entry/exit is required, an engineering review will have to be conducted to determine feasibility. Sample Enclosure Line Up Page 4 of 6 Pricing A) P/N QMOEV0073A-A 400 HP Drive Package $ 83,275 net each B) Shipping charge $1000.00 Assume that if a feature, function, or item is not specifically called out; that it is not included in this quotation. If required please contact Rockwell Automation so that it can be added to the quotation. TERMS AND CONDITIONS Delivery: Approval drawings 3 weeks after receipt of PO Hardware delivery approximately 10 weeks after receipt of approved drawings (Contact us if a quicker delivery is required) Terms: 1% 10 net 30days Freight: Pre paid and added to invoice F.O.B.: Ex Works Rockwell Automation Prices: Firm through Delivery Quotation: Valid for 60 Days from Date of this Quotation Page 5 of 6 Delivery. Ex Works Rockwell Automation’s plant or warehouse (per current Incoterms) or as otherwise specified in the Statement of Work (Delivery). In all cases, title transfers to Customer upon the earlier of Rockwell Automation’s delivery to Customer or receipt by the first carrier for transport to Customer, except that title to all intellectual property rights associated with the WORK remains with Rockwell Automation or its suppliers and licensors. Acceptance. (a) Acceptance occurs (i) on the date the WORK conforms to acceptance criteria in the Statement of Work or is otherwise beneficially used by Customer, but in no event later than 120 days following Delivery; or (ii) if otherwise unspecified, upon Delivery. (b) Interim Approvals. Any Rockwell Automation submittal or deliverable requiring Customer approval pursuant to the Scope of Work will be deemed accepted if formal Customer approval, written or as otherwise required, is not received by Rockwell Automation within two calendar weeks after the date submitted. Changes. Any change resulting from any of the following circumstances is subject to equitable adjustments to price, scheduling, and other affected terms and conditions: (a) Customer requested changes, including those affecting the identity, scope, and delivery of the WORK or Products; (b) physical conditions differing materially from those indicated or anticipated in the Statement of Work or that otherwise differ materially from those ordinarily found under similar circumstances; (c) delays caused by Customer, its employees, affiliates, other contractors to Customer, or any other party within Customer’s reasonable control; and (d) an emergency endangering persons or property; in such emergency circumstances, Rockwell Automation may act at its discretion to prevent damage, injury, or loss. All changes, except actions necessitated by emergencies as provided in (d) above, must be executed by a written change order signed or otherwise definitively authorized by both parties, and Rockwell Automation will not begin work on a change until it is authorized. All claims must be made within a reasonable time after the occurrence giving rise to the claim. Safety and Standards. Rockwell Automation is responsible for compliance of the WORK with laws, regulations, and standards, including safety regulations and standards, of the country where the WORK will be located that are applicable to the WORK at the effective date of this Agreement. Customer must inform Rockwell Automation of any other laws, regulations, or standards that may apply to the WORK. Rockwell Automation will be responsible for compliance with such other safety or other standards only if documented in the Statement of Work. Rockwell Automation is not responsible for laws, regulations, or standards that apply to Customer’s (or end user’s, if different from Customer) facility, equipment, process, information system, or data. Site Rules, Licenses, Permits, Site Preparation. (a) Rockwell Automation agrees to comply with all applicable posted site rules of Customer (unless inconsistent with the obligations set forth in the Statement of Work) and any additional Customer’s site rules that have been incorporated into the Statement of Work. (b) Customer is responsible for: (1) all licenses, permits, clearances, and site access rights; (2) all sites being ready and equipped with all necessary Customer furnished equipment and facilities; (3) any required customer fixtures or facilities being hazard free, structurally sound, and sufficient; and (4) reasonable access to the worksite as required for installing, commissioning or using the WORK. Customer Specification. Unless otherwise specified in the Statement of Work, Rockwell Automation will not be liable for (i) design, materials, or construction criteria furnished or specified by Customer and incorporated into the WORK or Products, (ii) products made by or sourced from other manufacturers or vendors specified by Customer; or (iii) commercially available computer software, hardware, and electrical components. (Such Customer-specified products shall include but not be limited to any identified in the Statement of Work.) Customer Information. Customer warrants that access and use of information made available by Customer to Rockwell Automation, including technical specifications, drawings, source code, application code, communication interfaces, protocols, and other documentation, will not infringe or violate any intellectual property rights of the original vendor or other third party. Commitment for System Sales through Distribution General. This Commitment (“Commitment”) covers purchase by Distributor’s customer (“Customer”) from Distributor of the hardware, software, and/or services (individually a “Product” and collectively “Products”) described and integrated pursuant to this Statement of Work (collectively as integrated pursuant to the Statement of Work, the “WORK”) to be provided by Rockwell Automation, Inc. and/or its affiliates (“Rockwell Automation”). Its terms are integral to the Statement or Work. In other words, Customer purchases the Work subject to the terms contained in this Commitment (as well as other terms that may be included elsewhere in the Statement of Work). These terms apply directly to Customer and Rockwell Automation. Previously negotiated and signed terms and conditions with Customer that include provisions between Rockwell Automation and Customer for sale of systems through distribution supersede these terms. Warranty. (a) Warranty: Rockwell Automation warrants to Customer for the lesser period of 18 months from delivery or 12 months from startup, that the WORK will perform as stated in the Statement of Work and the Products will be free of defects in material, fabrication, and workmanship provided that: (1) the o perating conditions and use of the WORK are in accordance with any standards set forth in the Statement of Work, Rockwell Automation's published specifications, and applicable recommendations of Rockwell Automation; and (2) the installation, adjustment, tuning, and start-up of the WORK have been properly performed in accordance with Rockwell Automation’s published specifications and any applicable recommendations of Rockwell Automation. Repaired or replacement Products provided pursuant to subparagraph (b) below are similarly warranted for the longer period of six months from date of shipment or the remainder of the original warranty term. (b) Remedies: Remedies under this warranty will be limited to, at Rockwell Automation’s discretion, replacement, repair, re-performance, modification, or issuance of a credit for the purchase price of the Products involved, but only after the return of such Products pursuant to Rockwell Automation’s instructions. Replacement Products, at Rockwell Automation’s discretion, may be new, remanufactured, refurbished, or reconditioned. If the repair, re-performance, or replacement does not cure the defective performance, Customer may request emergency on-site service, which will be at Rockwell Automation’s expense (consisting of time, travel, and expenses incurred by Rockwell Automation related to such services). If the defective performance is not due to warranted defects in the WORK or Products, the on-site service will be at Customer’s expense. On-site warranty services performed at Rockwell Automation expense shall not include removal or reinstallation costs related to large-scale assemblies such as motors or transformers. The foregoing will be the exclusive remedies for any breach of warranty or breach of contract arising from warranted defects. Page 6 of 6 (c) General: Warranty satisfaction is available only if (a) Rockwell Automation is provided prompt written notice of the warranty claim, and (b) Rockwell Automation’s examination discloses that any alleged defect has not been caused by misuse, neglect, improper installation, operation, maintenance, repair, alteration, or modification by other than Rockwell Automation, accident, or unusual deterioration or degradation of the Products or parts thereof due to physical environment or electrical or electromagnetic noise environment. (d) Services: Rockwell Automation warrants that service (including, but not limited to, training, installation, modifications, additions, software programming, engineering, startup, or repairs) shall be performed in a workmanlike manner conforming to standard industry practice. Rockwell Automation must receive written notification of non-conforming services within 30 days after the services are provided. If such services are confirmed to be non-conforming, Rockwell Automation will, at its option, re-perform the service or provide a refund or credit to Customer in the amount paid for the service. The foregoing will be the exclusive remedies for any breach of warranty or breach of contract arising from warranted non-conforming services. (e) THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE. Disclaimer and Limitation of Liability. NEITHER ROCKWELL AUTOMATION NOR CUSTOMER WILL BE LIABLE TO THE OTHER FOR BUSINESS INTERRUPTION OR LOSS OF PROFIT, REVENUE, MATERIALS, OR THE LIKE (WHETHER DIRECT OR INDIRECT) OR FOR ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIA L DAMAGES. EACH PARTY’S MAXIMUM CUMULATIVE LIABILITY TO EACH OTHER FOR ALL OTHER CLAIMS AND LIABILITIES WILL NOT EXCEED THE LESSER OF $1,000,000 OR THE COST OF THE WORK. ROCKWELL AUTOMATION DISCLAIMS ALL LIABILITY FOR TO GRATUITOUS ASSISTANCE PROVIDED BY ROCKWELL AUTOMATIO N BUT NOT REQUIRED BY THE STATEMENT OF WORK. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS THE FORM OF ACTION, WHETHER CONTRACT, TORT, OR OTHERWISE, AND EXTEND TO THE BENEFIT OF ROCKWELL AUTOMATION’S VENDORS AND APPOINTED DISTRIBUTOR. Intellectual Property. (a) Firmware and Packaged Software. Software comprised of firmware or packaged software is subject to Customer’s acceptance of additional terms and conditions set forth in separate Rockwell Automation or third-party license agreements. In the absence of a separate Rockwell Automation license agreement, Rockwell Automation hereby grants Customer a non-exclusive, non-transferable license to use such firmware or packaged software only in object code form and solely in conjunction with the WORK, without the right to sublicense, disclose, disassemble, decompile, reverse engineer, or otherwise modify the firmware or software. Ownership of the respective Rockwell Automation or third-party firmware or packaged software shall remain with Rockwell Automation or the third party. (b) Documentation and Other Software. Rockwell Automation hereby grants to Customer a non-exclusive, non-transferable license to modify and use solely in conjunction with the WORK all documentation and any software created by Rockwell Automation as specified in the Statement of Work. (c) Ownership of Pre-existing Intellectual Property. Each party shall continue to own all right, title, and interest in all patents, trademarks, copyrights, confidential information, and other intellectual property rights as it owned on the Effective Date of this Commitment. (d) No Other Licenses. Except as expressly set forth herein, no license under any patents, trademarks, copyrights, confidential information, or other intellectual property rights is granted or implied under this Commitment by either party. Government Clauses and Contracts. No government contract clauses, specification, or regulations apply to the WORK, Products, or otherwise to this Statement of Work except to the extent agreed in writing by Rockwell Automation. Confidentiality. (a) During the term of this Commitment and for a period of three years thereafter, each party will maintain in strict confidence all technical and business data and information disclosed by one party to the other that is marked "Confidential” and will not use or reveal such information without the prior written authorization of the other. (b) The obligations of confidentiality and non-use will not apply to information (i) that is published or becomes part of the public domain other than by means of a breach of this Commitment; (ii) that a party can prove by written documentation was known to it prior to disclosure by the other party; (iii) that a party subsequently rightfully receives from a third party without an obligation of confidentiality; (iv) that a party discloses to a third party on a non-confidential basis; or (v) that was independently developed by the receiving party. (c) Each party will take reasonable precautions to instruct its employees and consultants of its obligation under this section. Additionally, each party shall protect the exchanged information of the other against unauthorized use or disclosure with the same degree of care as it accords its own proprietary information of a similar type, but not less than reasonable care. (d) Disclosure of confidential information will not be precluded if it is: (i) in response to a valid order of a court or governmental body of the United States or any political subdivision thereof; provided, however, that the disclosing party will first have made a reasonable effort to obtain a protective order requiring that the confidential information be used only for the purpose for which the order was issued; or (ii) otherwise required by law. Independent Terms. Rockwell Automation is not a party to or bound by any contract between Customer and Distributor, including by Distributor’s acceptance of a Customer purchase order. Distributor is an independent enterprise, not an agent or representative of Rockwell Automation, and is not authorized to bind Rockwell Automation. Effective Date. This Commitment will become effective when Customer purchases the WORK from Distributor. Customer agrees that by purchasing the WORK it accepts the Statement of Work and Commitment. Absent such purchase, this Commitment will become null and void. No addition or modification to the Commitment and Statement of Work, including terms appearing in Customer’s purchase 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-322 Name:Aggressive Solicitation Status:Type:Ordinance Consent Agenda File created:In control:3/12/2014 City Council Regular On agenda:Final action:3/27/2014 Title:Presentation, possible action, and discussion on an ordinance amending Chapter 4, Section 1, “Business Regulations," "Solicitors, Charitable Solicitors, Itinerant Vendors, Handbill Distributors" by establishing a registry for Home Solicitation, and Section 18, formerly repealed "Solicitation by Coercion," of the Code of Ordinances, City of College Station, Texas, as set out below; providing a severability clause; declaring a penalty; and providing for an effective date. Sponsors: Indexes: Code sections: Attachments:Ordinance, with attached A & B Exhibit A (which will be amending section 4-1) Exhibit B (which will be amending 4-18) Action ByDate Action ResultVer. Presentation, possible action, and discussion on an ordinance amending Chapter 4, Section 1, “Business Regulations," "Solicitors, Charitable Solicitors, Itinerant Vendors, Handbill Distributors" by establishing a registry for Home Solicitation, and Section 18, formerly repealed "Solicitation by Coercion," of the Code of Ordinances, City of College Station, Texas, as set out below; providing a severability clause; declaring a penalty; and providing for an effective date. Relationship to Strategic Goals: ··Good Governance ··Neighborhood Integrity ··Sustainable City Recommendation(s):Staff recommends approval of the amendments regarding City ordinance Chapter 4 "Business Regulations." Summary: Solicitation practices within the City have seen both change and growth since the language in Chapter 4, Section 1 was adopted by the City Council in the early 1990s. The proposed ordinance provisions would provide a reasonable time, place, manner restrictions for door to door solicitation in Section 1, as well as tools for law enforcement in Section 18 to address aggressive solicitation city-wide. Budget & Financial Summary: N/A Attachments: College Station, TX Printed on 3/21/2014Page 1 of 2 powered by Legistar™ File #:14-322,Version:1 1. Ordinance, with attached A & B 2. Exhibit A (which will be amending section 4-1) and an 3. Exhibit B (which will be amending 4-18) College Station, TX Printed on 3/21/2014Page 2 of 2 powered by Legistar™ ORDINANCE NO. ____________ AN ORDINANCE AMENDING CHAPTER 4, “BUSINESS REGULATIONS” SECTION 1 “SOLICITORS, CHARITABLE SOLICITORS, ITINERANT VENDORS, HANDBILL DISTRIBUTORS”, BY ESTABLISHING A REGISTRY FOR HOME SOLICITATION, AND SECTION 18, FORMERLY REPEALED “SOLICITATION BY COERCION,” OF THE CODE OF ORDINANCES, CITY OF COLLEGE STATION, TEXAS, AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That CHAPTER 4, “BUSINESS REGULATIONS” SECTIONS 1 AND 18 of the Code of Ordinances, City of College Station, Texas, be amended as set out in Exhibits “A” and “B”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than Twenty-Five Dollars ($25.00) or more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this _______ day of _____________________, 2014. APPROVED: ________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney EXHIBIT “A” That CHAPTER 4, “BUSINESS REGULATIONS” SECTION 1 “SOLICITORS, CHARITABLE SOLICITORS, ITINERANT VENDORS, HANDBILL DISTRIBUTORS,” of the Code of Ordinances of the City of College Station, Texas be amended and is to read as follows: Sec. 4-1. HOME SOLICITATION AND ITINERANT VENDORS A. Purpose and Findings. The City Council finds that: The City has received numerous and continuous complaints from citizens about persons going onto residential premises (including premises that contain conspicuous signs prohibiting solicitations) to solicit, sell, or take orders for goods and services and to distribute commercial printed matter; and 1. Those citizens have expressed concerns that such solicitations result in criminal activity (including burglary and fraud) and disturb the privacy of their homes; and 2. The city council believes that establishing a registration program for those home solicitors will protect the citizens against criminal a ctivity (including, but not limited to, burglary and fraud), minimize the unwelcome disturbance of citizens and the disruption, of their privacy, and otherwise preserve the public health, safety, and welfare; and 3. The City Council believes it is in the interest of the public health, safety, and welfare to prohibit persons convicted of certain crimes from being home solicitors in the City of College Station, Texas; and 4. The City Council has considered the following criteria: a. the nature and seriousness of the crimes; b. the relationship of the crimes to the purposes for requiring a certificate of registration to engage in the occupation; c. the extent to which a certificate of registration might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously has been involved; and d. the relationship of the crimes to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the registered occupation; and has determined that the crimes listed in Subsection F(1)b(1)-(11) of Section 4-1, "Home Solicitors and Itinerant Vendors," of the Code of Ordinances, College Station, Texas, as provided in this ordinance, are serious crimes which directly relate to the duties and responsibilities of a home solicitor, whose job is to solicit, sell, and take Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 2 orders for goods and services, and to distribute commercial printed matter, on residential premises in the city; and 5. The City Council has determined that the very nature of the occupation of a home solicitor brings such a person into constant contact with the public, which gives the person repeated opportunities to participate in. crimes of violence or dishonesty, or crimes against the public health, safety, or morals, should the person be so inclined, and, thus, it is the opinion of the city council that the crimes listed in Subsection F(1)b(1)-(11), as set forth in this ordinance, render a person unable, incompetent, and unfit to perform the duties and responsibilities of a home solicitor in a manner that would promote the public safety and trust; and 6. The City Council has determined that no person who has been convicted of a crime as listed in Subsection F(1)b(1)-(11), as set forth in this ordinance, is presently fit to engage in home solicitation in the city until the respective time periods designated in that subsection have expired, and thus should be disqualified from being issued a certificate of registration as a home solicitor until the expiration of those time periods. 7. The City Council finds that the regulations of this ordinance do no prevent door-to-door activity and that ample alternative channels of communication exist outside of the time limitations, including solicitation via telephone, electronic communication, public solicitation outside of the privacy of citizens’ doorsteps, and solicitation via direct mail, television, radio, and internet. 8. The purpose of this ordinance is to further the City’s legitimate and compelling interest in securing City of College Station citizens’ general health, safety and welfare by: a. Prohibiting door-to-door home solicitation during times when such activity is most intrusive and disruptive to citizens’ privacy and the security of their homes; b. Regulating the manner in which door-to-door solicitation activity may occur so as to protect citizens in the privacy of their own homes from aggressive and intimidating practices; and c. Requiring home solicitors to register with the City obtain and conspicuously wear City-issued identification badges while soliciting, so as to minimize deceptive practices, fraud and aid law enforcement in crime detection. Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 3 B. Prohibitions. 1. It is unlawful for a person 14 years of age or older to solicit an occupant of residential premises, unrequested: a. Without first registering and obtaining an identification badge issued by the City in accordance with this section; b. Except between the hours of 9:00 a.m. and one half-hour (1/2) after sunset; c. If the residence conspicuously displays at or near the primary entrance to the residence, a readily legible sign, bearing any of the words: "NO TRESPASSING"/"NO PEDDLERS"/"NO ADVERTISEMENTS"/"NO SOLICITATION"/"NO HANDBILLS." d. At a location other than the primary entrance to the residence. 2. It is unlawful for the registrant to allow any other person to use or wear their own City-issued identification badge. 3. It is unlawful for any registrant or registrant’s agent to represent that the City’s issuance of a certificate of registration or identification badge constitutes the City’s endorsement or approval of the purposes of any particular solicitation. C. Home Solicitors and Itinerant Vendors. 1. Agent means any person employed by or contracting with a home solicitor. 2. Certificate of Registration means a certificate of registration issued to a home solicitor under this section. 3. City Manager or his designee means the City Manager for the City of College Station or his designated representative. 4. Commercial Printed Matter means any printed or written matter whether on a sample, device, circular, leaflet, pamphlet, paper or booklet or whether printed, reproduced or copied of any matter or literature which advertises for sale of any merchandise, product, commodity, or services; or a. Directs attention to any business, or commercial establishment, or other activity for the purpose of either directly or indirectly promoting sales; b. Directs attention to or advertises a meeting, performance, exhibition, or event for which an admission fee is charged or a collection is taken to defray expenses; or Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 4 c. While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising or for the private benefit and gain of any person so engaged as the advertiser or distributor. 5. Distribution means: a. To hand or attempt to hand commercial printed matter to an owner or occupant or a residential premises or to any other person then present on the residential premises. b. To place, deposit or distribute commercial printed matter on residential premises. 6. Goods means property of every kind. 7. Home Solicitation means the business of soliciting, selling or taking orders for goods or services or distributing commercial printed matter by going to one or more residential premises in the City in person or by an agent. 8. Home Solicitor means a person who engages in home solicitation under this Section. 9. Identification Badge: means a badge issued to a Home Solicitor registrant or applicant’s agent under this section, containing: a. The registrant’s or registrant’s agent’s photograph, as applicable; b. The expiration date of the registrant’s certificate of registration; and c. The phrase, “Home Solicitor Registered under Chapter 4 of the City of College Station Code of Ordinances” or similar language or indicia of City registration, as approved by the City Manager or his designee. 10. Itinerant Vendor or I-Vendor means any person who sets up and/or operates a temporary business on privately owned property within the City, whether improved or unimproved, soliciting, selling, taking orders for or offering to sell or take orders for any goods or services. The term shall include: a. Outdoor sales booths b. Set ups c. Tailgate sales Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 5 d. Truckload sales e. Tent sales f. Auctions g. Temporary parking space rentals 11. Person means any natural individual, organization, corporation, trust, partnership, association or any other legal entity. 12. Registrant means any person issued a certificate of registration as a home solicitor under this section. 13. Residential Premises means any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes (whether inhabited, uninhabited or vacant), whether single-family, multi-family and including any yard, grounds, walk driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to the dwelling, house, building or other structure. 14. Temporary shall mean any business transaction in the City of College Station for which definite arrangements have not been made for hir e, rental or lease of a structure conforming to City Codes. 15. Temporary Parking Space Rental shall mean the rental of a parking space(s) as temporary activity for an event not associated with the permanent use of the premises. 16. Services means any work done for the benefit of another person. D. Registration of Home Solicitors Required; Defenses 1. A person commits an offense if that person: a. Personally, by an agent, or as the agent of another, engages in a home solicitation without a valid certificate of registration issued to the person under this section; b. Engages in a home solicitation by using an agent who does not hold a valid certificate of registration issued under this chapter; or c. Engages in a home solicitation by acting as an agent of another person who does not hold a valid certificate of registration issued under this section. Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 6 2. It is a defense to prosecution under Subsection D(1)(a) that: a. The person was soliciting for a noncommercial purpose, including but not limited to, a charitable, educational, civic, patriotic, philanthropic, political, or religious purpose; b. The person was on the residential premises by express invitation of the owner, occupant, or other person in control of the premises; c. The person was a wholesale agent or factory representative who sells or exhibits for sale goods, wares, or merchandise and was conducting business with a person engaged in the business of buying, selling, and dealing in the same type of goods, wares, or merchandise; d. The person was soliciting newspaper sales, or delivering newspapers pursuant to a request by or contract with the owner, occupant, or other person in control of a residential premises; e. The solicitation, sale, or taking of orders for goods or services took place upon residential premises owned, leased, or controlled by the person or by the person's employer; f. The person was a governmental entity, or an officer, employee, or agent of a governmental entity, placing a notice or other information on the premises in the performance of official duties; or g. The person was the United States Postal Service or a private courier service registered with the Federal Motor Carrier Safety Administration, or an employee or agent of those services, delivering an item of mail, a notice, or a package to the premises. 3. Before taking any enforcement action under this section, the City Manager or his designee, any police officer, or any City code enforcement officer shall ask the apparent offender's reason for being on the residential premises or for depositing any item on the premises. The City Manager or his designee, the police officer or the City code enforcement officer shall not issue a citation or make an arrest under this section unless he or she reasonably believes that an offense has occurred. E. Registration Application for Home Solicitors - Application; Fee; Expiration; non- transferability; Material Changes. 1. To obtain a certificate of registration to conduct home solicitations, a person must file a written application with the City Manager or his designee on the City-issued form. The application must include the following: Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 7 a. If the applicant is a company: 1. The company name, address, and telephone number; 2. The name, address, telephone number, and title of each of its officers; 3. The date and place of incorporation or establishment of the business; and 4. The name, address, date of birth and telephone number of each person who will be conducting a home solicitation in the city for the applicant; and 5. Proof of applicant’s compliance with state or federal law for the operation of the proposed business, to include Chapter 51, Texas Labor Code, as amended; and 6. Any other information the City Manager or his designee determines necessary to the enforcement and administration of this section. b. If the applicant is an individual: 1. The applicant's name, address, and telephone number. 2. The name, address, date of birth and telephone number of any individual or company for which the applicant is acting as an agent. 3. The name, address, date of birth and telephone number of each person who will be conducting a home solicitation in the city for the applicant. 4. A photograph of the applicant taken within the preceding 12 months, which clearly depicts the applicant's facial features. 5. The applicant's date of birth and driver's license number (with the state of issuance) or, if the applicant does not have a driver's license, the number from another government-issued personal identification card containing the applicant's photograph and date of birth. 6. The names of other communities in which the applicant has worked as a home solicitor in the past 12 months and, if the Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 8 applicant was an agent of different companies in the other communities, the names of those companies. 7. The nature, character, and quality of the goods or services to be advertised, offered for sale, or delivered as part of the home solicitation. 8. Whether the applicant, upon obtaining an order for goods or services, will demand, accept, or receive payment or a deposit of money in advance of final delivery of the goods or services. 9. The dates, times, and locations for which the applicant proposes to conduct home solicitations in the City. 10. An outline of the method or methods to be used in conducting the home solicitations. 11. Whether the applicant has been convicted of any crime listed in Subsection F(1)b(1)-(11) within the time period listed in Subsection F(1)(b)(10)(a)-(b) and the applicant's signed consent authorizing the city to obtain a criminal history report on the applicant. 12. Proof that the applicant possesses all licenses or permits required by the City Code of Ordinances, College Station, Texas or by state or federal law for the operation of the proposed business. 13. If the applicant is an agent of an individual or company, written proof of the applicant's authority to represent the individual or company. 14. Any other information the City Manager or his designee determines necessary to the enforcement and administration of this Section. 2. An application filed under this section must be accompanied by a nonrefundable registration fee of $50. 3. A certificate of registration expires thirty (30) days after the date of issuance, but may be renewed once for another successive thirty days, if the application is made within the initial thirty (30) day registration period. Each renewal application must verify permit information as correct, and remit a renewal fee of $25.00. Upon expiration, the registrant may apply for a registration renewal in the same manner prescribed by this section for a new registration. Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 9 4. Neither a certificate of registration nor an identification badge is transferable from one person to another, but a. Both may be used by the registrant to act as an agent for different individuals or companies during the registration term if the City Manager or his designee is notified in accordance with Subsection E, and b. A registrant under E(1)(a) may request additional copies of the certificate of registration at the time of issuance so that each agent may comply with the display requirements of this Section. 5. A registrant shall notify the City Manager or his designee within five (5) days after any material change in the information on the application during the registration term. A material change includes, but is not limited to: a. When a registrant becomes an agent for another individual or company; b. When a registrant terminates an individual's authority to serve as the registrant's agent; c. A change in the nature, character, and quality of the goods or services; or d. A change in the dates, times, and locations proposed for conducting home solicitations in the city. F. Issuance, Denial, and Display of Registration: Identification Badge. 1. The City Manager or his designee shall issue a certificate of registration to the applicant within three (3) business days after receipt of the application unless any of the following applies: a. The applicant has failed to provide material information requested or made a false statement of a material fact on the application form or in a hearing concerning the application or registration. b. The applicant has been convicted of a crime involving: 1. Criminal homicide as described in Chapter 19 of the Texas Penal Code, as amended; 2. Kidnapping as described in Chapter 20 of the Texas Penal Code, as amended; 3. A sexual offense as described in Chapter 21 of the Texas Penal Code as amended; Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 10 4. An assaultive offense as described in Chapter 22 of the Texas Penal Code, as amended; 5. Robbery as described in Chapter 29 of the Texas Penal Code, as amended; 6. Burglary as described in Chapter 30 of the Texas Penal Code, as amended; 7. Theft as described in Chapter 31 of the Texas Penal Code, as amended, but only if the offense was committed against a person with whom the applicant came in contact while engaged in a home solicitation business; 8. Fraud as described in Chapter 32 of the Texas Penal Code, as amended, but only if the offense was committed against a person with whom the applicant came in contact while engaged in a home solicitation business; 9. The transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, as amended, or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law; or 10. Criminal attempt to commit any offenses listed in Subsections F(1)b(1) through F(1)b(9) for which: a. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense; b. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or c. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses. 11. The offense descriptions in Subsections F(1)b(1) through F(1)b(10) are meant to be descriptive only and not as exclusive to Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 11 convictions under the Texas Penal Code. They include convictions for comparable offenses as provided under other state or federal law. c. The applicant has failed to provide proof of a license or permit required by this code or another city ordinance or by state law for the operation of the proposed business. d. The applicant or an agent, individually or cumulatively, has been convicted of any violation of this section, within the 24 months immediately preceding the application. e. The required registration fee has not been paid. f. The applicant has failed to comply with or the proposed business will violate any applicable ordinance or regulation of the city or applicable state or federal law. 2. If the City Manager or his designee determines that a certificate of registration should be denied the applicant, the City Manager or his designee shall notify the applicant in writing that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right of appeal. 3. Upon issuing a certificate of registration, the City Manager or his designee shall also issue the registrant an identification badge. At all times the registrant is conducting home solicitations in the city, the registrant shall prominently display the identification badge on the registrant's clothing and maintain the certificate of registration on the registrant's person. The registrant shall allow the certificate of registration and the identification badge to be examined upon request by the City Manager or his designee, any police officer, any city code enforcement officer, or the owner or occupant of the residential premises on which a home solicitation is being conducted. 4. If a City-issued Home Solicitor’s identification badge is lost, mutilated, or destroyed, the City Manager or his designee shall issue the registrant a duplicate identification badge upon payment of a $10 duplicate badge fee. G. Suspension. 1. The City Manager or his designee may suspend a certificate of registration for a definite period of time not to exceed 30 days if the City Manager or his designee determines that: a. A violation of this code or any other law concerning the sale or distribution of goods or services, or the distribution of commercial printed matter, by the registrant or the registrant's agent has occurred; or Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 12 b. The registrant or a representative authorized to supervise the registrant's agents has failed to establish policy and take action to discourage, prevent, or correct violations of this section by agents. 2. The City Manager or his designee shall send to the registrant by certified mail, return receipt requested, a written statement setting forth the reasons for the suspension and notifying the registrant of the right to appeal. A timely request for appeal by the registrant stays the effect of the suspension unless the City Manager or his designee determines that an emergency exists. 3. For purposes of this section, an emergency exists if the City Manager or his designee determines that a violation has occurred and constitutes an imminent and serious threat to the public health or safety. In case of an emergency, the City Manager or his designee may order the registrant or the registrant's representative to correct the violation immediately or cease home solicitations to the extent the City Manager or his designee determines is necessary to abate the threat until the violation is corrected. H. Revocation. 1. The City Manager or his designee shall revoke a certificate of registration if the City Manager or his designee determines that: a. The registrant or an agent of the registrant, individually or cumulatively, has been convicted in any court of two violations of this code or any other law concerning the sale or distribution of goods or services, or the distribution of commercial printed matter, within a 12-month period. The fact that a conviction is being appealed has no effect; b. The registrant has given false or misleading information of a material nature or has withheld material information on the application or in any hearing concerning the application or registration; c. The registrant or an agent of the registrant has intentionally or knowingly impeded a lawful inspection by the City Manager or his designee, his authorized representative, or any representative of another department who has the authority to inspect the registrant and the registrant's business procedure; or d. A cause for suspension under Subsection G (1)(a) or (b) occurs and the certificate of registration has been suspended within the preceding 12 months. Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 13 2. The City Manager or his designee shall send to the registrant by certified mail, return receipt requested, a written statement setting forth the reasons for the revocation and notifying the registrant of the right to appeal. 3. If the City Manager or his designee revokes a certificate of registration, the fee already paid for the registration will be forfeited. A person whose certificate of registration has been revoked under this section may not apply for or be issued a new registration for a period of one (1) year after the date the revocation took effect, except that, if the City Manager or his designee determines that the basis for the revocation has been corrected, the person may apply for and be issued a new certificate of registration if at least 90 days have elapsed since the date the revocation took effect. I. Time and Manner for Conducting Home Solicitations 1. A person commits an offense if the person conducts or attempts to conduct (either personally or through an agent), a home solicitation at a residential premises: a. Before 9:00 a.m. or 30 minutes after sunset of any day, Monday through Sunday; or b. At any time on any federally observed holiday. 2. It is a defense to prosecution under Subsection (a) that the visit to the residential premises resulted from the owner or occupant’s request or appointment. 3. In this section, “sunset” means the time of day in the city as published on the weather page of the official city newspaper as the time for sunset on that day. J. Itinerant Vendor (I-Vendor) Permit and Application. 1. Every itinerant vendor must have a non-transferable permit issued by the City of College Station Planning and Development Services. 2. An applicant shall apply for an I-Vendor permit on a City-issued form that shall be submitted with the following information : a. Name of the applicant; b. Legal name of the business entity, if any, state of incorporation, filing of partnership or articles of association; c. Sales tax number with a copy of sales tax permit or 501(c)(3) documentation; d. Local phone number; Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 14 e. Permanent business location, address and phone number; f. Signed permission from the private property owner or owner’s representative to utilize the property as proposed; g. Graphic showing the location of activity on the proposed property with information as requested on the application; h. Applicant’s date of birth; i. Driver's license number and issuing state; j. If the action is to be a solicitation of funds, then a description of that purpose will be set out in the application; k. A statement under oath (acceptable photo identification required) listing each individual applicant’s convictions in any state, the United States or U.S. possession within the last five (5) years; l. For food sales, proof of compliance with the Brazos County Health Department’s regulations shall be provided; m. A list of the kind, amount, and character of goods or services to be sold or distributed; n. A bond in the sum of not less than one thousand dollars ($1,000.00), executed by the itinerant vendor, with two (2) or more good and sufficient sureties satisfactory to Finance Director, which bond shall be payable to the City of College Station to cover the cost for cleaning debris caused by such temporary use, including the cost either of any required City Services, and potential damage or injury to property. The bond shall be valid for a period of no less than thirty (30) days after the applicant terminates the temporary use. The City may use the bond for cleanup and repair of either City property or debris removal from the private property necessitated or caused by the applicant's permitted use. 3. A signed statement that a business recognizes any individual operating under its permit as an employee and not as an independent contractor and accepts the responsibilities imposed by state law for the acts of its employees. 4. An application for an I-Vendor permit shall be accompanied by a fee of fifty dollars ($50.00). 5. A permit may be denied when: a. The required information is incomplete, incorrect or shows that a person is not otherwise entitled to conduct business as proposed. Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 15 b. If a location plan or diagram does not meet the following requirements: (i) The itinerant vendor must locate the activity in an existing parking lot. (ii) If there is an open and operating business at the location during the time of co-utilization, then the itinerant vendor cannot utilize more than five (5) percent of the available parking space, or sixteen (16) spaces, whichever is smaller. (iii) The location of the activity in the parking lot shall not cause a traffic hazard. c. A permit maybe denied where: An applicant has been convicted of a crime which directly relates to the duties and responsibilities of the licensed occupation which shall be determined by the nature and seriousness of the crime, the relationship of the crime to the purpose of the permit and the extent that the permit would allow someone to engage in further criminal activity. 6. An itinerant vendor’s signage must comply with City ordinance. 7. Every permit shall be displayed where it can be read by the general public at the temporary business location. 8. A permit may be revoked upon conviction of any offense committed in the City of College Station while engaged in the permitted business, or if a final conviction occurs or is found to have existed at the time of application. 9. A permit may be suspended if applicant or the business has been charged with a crime, as set forth above, upon a magistrate's determination of probable cause in connection with such charges. K. Itinerant Vendor Permit – Term, Limitations and Representations. 1. Duration. a. Itinerant vendors' permits shall be valid for one (1) year, provided that sales may not be conducted for longer than three (3) consecutive days or twenty-one (21) cumulative days. b. No use may be continued beyond the period of the permit, absent compliance with all provisions of the City’s Unified Development Ordinance, as amended. c. If sales are conducted out of a tent, the tent may only be set up two (2) days prior to any sales period and it must be taken down two (2) days after any sales period. Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 16 d. One (1) day is defined as twenty-four (24) hours. 2. Zoning and location restrictions. a. No itinerant vendor may locate in an area unless the zoning classification of the area permits the type of business or service to be performed or provided. b. No itinerant vendor may locate in the street or city right-of-way. c. Temporary parking space rentals shall not exceed three (3) consecutive days or twenty-one (21) cumulative days per year unless compliance with all provisions of the City Unified Development Code, as amended. For the use of premises for temporary parking space rentals pursuant to the permit, the permanent business shall be closed or have excess parking as provided by the City Unified Development Code, as amended. 3. Representation of Endorsement prohibited. It shall be unlawful for any person to represent that the issuance of either a permit or a certificate of registration by the City of College Station constitutes an endorsement or approval of the purposes of a solicitation sale by the City. M. Exemptions to Itinerant Vendor Permits. 1. Christmas tree sales are exempted from the Itinerant Vendor permit location requirement of five (5) percent or sixteen (16) spaces and are exempted from the time requirement of three (3) consecutive days or twenty-one (21) cumulative days. Christmas tree sales may be made during the Christmas holiday season, November 15 through December 24. 2. A charitable organization holding a bazaar, fete, rummage sale, car wash or other special event for the purpose of raising funds no more than two (2) times per year is exempt from this ordinance. 3. Itinerant Vendors selling unrefined farm products shall be required to pay an application fee but shall not be required to provide a bond. N. Delivery of Notices – Any written notice that the City is required to give any applicant or registrant under this section is deemed to be delivered: 1. On the date the notice is hand delivered to the applicant or registrant; or 2. Three days after the date the notice is placed in the United States mail with proper postage and properly addressed to the applicant or registrant at the address provided for the applicant or registrant in the most recent registration application. Chapter 4 Section 1 Solicitation and I-Vendor Ordinance Amendment 17 O. Presumption of distribution of commercial printed matter. Whenever commercial printed matter is placed, deposited, or distributed, or caused to be placed, deposited, or distributed, in violation of this section, it is presumed that the person named on the commercial printed matter is the person who committed the violation, either personally or through an agent. P. Violations; Penalty. 1. A person who violates a provision of this section, or who fails to perform an act required of the person by this section, commits an offense. A person commits a separate offense for: a. Each day or portion of a day during which a violation is committed, permitted, or continued; b. Each item placed, deposited, or distributed on residential premises in violation of this section; and c. Each residential premises to which a home solicitation is conducted in violation of this section. 2. The penalties provided for in Section 1 -5 of this Code, as amended, are in addition to any other enforcement remedies and penalties which the City may have under city ordinances and state law. EXHIBIT “B” That CHAPTER 4, “BUSINESS REGULATIONS” SECTION 4-18, formerly repealed “SOLICITATION BY COERCION,” now “RESERVED,” of the Code of Ordinances of the City of College Station, Texas be amended and is to read as follows: 4-18 AGGRESSIVE SOLICITATION A. Findings. The City Council finds that: (1) Aggressive solicitation is disturbing and disruptive to residents and businesses. It contributes to the loss of access to and enjoyment of public places , as well as a sense of fear, intimidation, and disorder to the community. (2) Aggressive solicitation includes approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear or intimidation, unwanted physical contact, or intentional blocking of pedestrian or vehicular traffic. (3) The presence of individuals who solicit money from persons at or near banks, automated teller machines or facilities, check cashing businesses, credit access businesses, bus stops, self- service or automated car washes, self-service fuel pumps, parking meters or pay stations and crosswalks is especially troublesome because of the enhanced fear of crime in a place that is confined, difficult to avoid, or where a person might find it necessary to wait. (4) This section is intended to protect citizens from the fear and intimidation accompanying certain kinds of solicitation, and not to limit a constitutionally protected activity. B. Definitions. (1) Aggressive Manner means any of the following: a. Making any physical contact with or touching another person during the solicitation without the person's consent. b. Approaching or following the person being solicited, if that conduct is: (i) Likely to cause a reasonable person to fear either imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (ii) Reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation. c. Continuing to solicit a person after the person has made a negative response. d. Blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. e. Using obscene or abusive language or gestures toward the person being solicited. (2) Automated Teller Machine means a device, linked to a bank's account records, which is able to carry out banking transactions. (3) Automated Teller Facility means the area comprised of one or more automatic teller machines, and any adjacent space that is made available to banking customers. (4) Bank means a bank, savings bank, savings and loan association, credit union, trust company, or similar financial institution. (5) Check Cashing Business means a person in the business of cashing checks, drafts, or money orders for consideration. (6) Credit Access Business has the meaning given that term by Section 393.601 of the Texas Finance Code, as amended. (7) Parking Meter or Pay Station means a location on a street, parking lot or parking garage where persons pay for parking by either cash or credit to a person or at a machine or other device designed to accept payment. (8) Public Area means an outdoor area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, alleyway, pedestrian way, or the common area of a school, hospital, apartment house, office building, transport facility, or shop. (9) Self-Service or Automatic Car Wash means a structure at which a vehicle may be either automatically washed or manually washed or vacuumed by its owner or operator with equipment activated by the cash or credit payment at a machine or other device designed to accept payment, which is accessible for use by members of the general public. (10) Self-Service Fuel Pump means a fuel pump: a. From which a vehicle may be manually filled with gasoline or other fuel directly by its owner or operator, with or without the aid of an employee or attendant of the premises at which the fuel pump is located, b. Which is accessible for use by members of the general public. (11) Solicit means to request, by the spoken, written, or printed word, or by other means of communication an immediate donation or transfer of money or another thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value, and regardless of whether consideration is offered. C. Aggressive Solicitation Prohibited. A person commits an offense if the person solicits: (1) In an Aggressive Manner in a public area. (2) In a bus or at a bus stop. (3) Within twenty-five (25) feet of the following areas where the public is considered vulnerable or where solicitation would interfere with the flow of traffic: a. An automated teller facility; b. An automated teller machine; c. The entrance or exit of a bank; d. The entrance or exit of a check cashing business; e. The entrance or exit of a credit access business; f. A self-service or automated carwash or self-service fuel pump; g. A parking meter or parking pay station on a street; h. A public parking garage; i. At a marked crosswalk; or j. The entrance or exit of a restaurant or patio area of a bar or restaurant. D. Exception. During a permitted street closure event or a permitted city sponsored special event, it shall not be an offense under subsection (C)(3) for persons registered with a valid City of College Station permit to solicit in such locations when authorized and so defined in the approved street closure or special event permit. E. A violation of this section shall be punishable by a fine not to exceed five hundred dollars ($500.00). 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-295 Name:Resolution - Brazos County MUD No. 1 Status:Type:Resolution Agenda Ready File created:In control:2/24/2014 City Council Regular On agenda:Final action:3/27/2014 Title:Public hearing, presentation, possible action, and discussion regarding a Resolution granting conditional consent to the creation of Brazos County Municipal Utility District No. 1, consisting of approximately 553 acres and located at 17529 State Highway South, in the City’s extraterritorial jurisdiction. Sponsors:Planning & Development Services Indexes: Code sections: Attachments:Vicinity Map Concept Plan Application Resolution Exhibit A Action ByDate Action ResultVer. City Council Regular3/13/2014 1 Public hearing,presentation, possible action, and discussion regarding a Resolution granting conditional consent to the creation of Brazos County Municipal Utility District No. 1, consisting of approximately 553 acres and located at 17529 State Highway South, in the City's extraterritorial jurisdiction. Relationship to Strategic Goals:Diverse Growing Economy Recommendation(s):Staff recommends approval of the Resolution granting conditional consent of the Municipal Utility District (MUD) Summary:This Resolution grants conditional consentto the creation of a MUD in the City's extraterritorial jurisdiction (ETJ). The City's consent is needed for the applicant to pursue approval of the MUD through the Texas Commission on Environmental Quality. The proposed MUD will develop, operate, maintain, and issue bonds for financing the construction of needed infrastructure (water, sewer, drainage, streets, etc.) for the proposed district and levy and assess a tax on property within the proposed district to pay operational and maintenance expenses associated with such infrastructure. The applicant proposes a MUD to support the following development: ·Approximately 1,380 single-family lots, ·Approximately 27 acres of general commercial, ·Approximately 16 acres of business/technology business park, ·Approximately 14 acres for a CSISD learning facility, ·Approximately 73 acres of detention/greenways, ·Approximately nine acres of parks/open space, and ·Over five miles of walking trails The City Council recently adopted a policy regarding the creation, operation, and dissolution of MUDs located within the City limits or the ETJ. The policy provides the following prerequisites for consideration when evaluating applications for MUDs located in the ETJ: College Station, TX Printed on 3/21/2014Page 1 of 2 powered by Legistar™ File #:14-295,Version:1 1. Whether the City has already made plans to annex or provide municipal services to the area proposed for inclusion in the District within the next five years, and 2. Whether the proposed area for the District lies in the ETJ of two or more cities The determination regarding both considerations above is negative. Therefore, the City Council should give consideration to granting conditional consent as outlined in Sections II.D and II.E of the City's adopted policy. It is important to note that the applicant has agreed to comply with the City's adopted MUD policy, including the conditions for consent. The City's policy addresses the City Council's consent related to issuance of bonds by the District, development agreements designed to extend the City's planning authority over the land contained within the District, and Strategic Partnership Agreements that outline the terms for annexation. Compliance with the Comprehensive Plan:Chapter Two, Community Character, of the Comprehensive Plan recognizes this area as the "Speedway District" and calls for a transition into a master-planned general suburban area that could involve a mix of uses including, but not limited to, general commercial, office, business park, or single-family residences. Chapter Eight, Growth Management & Capacity, of the Comprehensive Plan recognizes the Speedway District's potential to provide area for future growth. Staff believes that the proposed uses on the attached concept plan are consistent with the Comprehensive Plan. Budget & Financial Summary:N/A Reviewed and Approved by Legal:Yes Attachments: 1. Vicinity Map 2. Concept Plan 3. Application 4. Resolution 5. Exhibit A College Station, TX Printed on 3/21/2014Page 2 of 2 powered by Legistar™ Vicinity Map 4 mi N➤➤N © 2013 Google © 2013 Google © 2013 Google AA-2 100 LOTS TYP. 50’X115’ ±20.9 Ac. AA-3 71 LOTS TYP. 60’X115’ ±18.2 Ac. AA-4 77 LOTS TYP. 60’X115’ ±19.9 Ac. AA-1 73 LOTS TYP. 50’X115’ ±15.4 Ac. SF-7 60 LOTS TYP. 50’X115’ ±12.7 Ac. SF-5 56 LOTS TYP. 65’X120’ ±16.0 Ac. SF-15 52 LOTS TYP. 55’X115’ ±12.7 Ac. SF-16 43 LOTS TYP. 55’X115’ ±10.7 Ac. SF-19 34 LOTS TYP. 65’X120’ ±9.8 Ac. SF-21 38 LOTS TYP. 65’X120’ ±11.0 Ac. SF-6 41 LOTS TYP. 65’X120’ ±11.8 Ac. SF-8 43 LOTS TYP. 65’X120’ ±12.3 Ac. SF-12 60 LOTS TYP. 65’X120’ ±17.4 Ac. SF-13 64 LOTS TYP. 65’X120’ ±18.5 Ac. SF-17 47 LOTS TYP. 65’X120’ ±13.5 Ac. SF-20 35 LOTS TYP. 65’X120’ ±10.0 Ac. SF-9 39 LOTS TYP. 75’X120’ ±12.7 Ac. SF-10 40 LOTS TYP. 75’X120’ ±12.9 Ac. SF-18 40 LOTS TYP. 75’X120’ ±13.0 Ac.SF-14 31 LOTS TYP. 75’X120’ ±10.2 Ac. SF-11 83 LOTS TYP. 55’X115’ ±20.4 Ac. SF-1 MODEL HOMES 15 LOTS ±4.6 Ac. SF-2 HIGH DENSITY SFR 143 LOTS ±17.9 Ac. SF-3 56 LOTS TYP. 75’X120’ ±18.1 Ac. SF-4 41 LOTS TYP. 65’X120’ ±11.8 Ac. S T A T E H W Y 6 PEACH CREEK CUT-OFF ROAD P I P E L I N E R O A D COLL E G E ST ATI O N CIT Y LI MIT S MI N O R C O L L E C T O R COLLEGE STATION CITY LIMITS 30’ Aquila Pipeline Easement1 0 0 ’ G s u P ow e r l i n e E a s em e n t PARK ±0.8 Ac. PARK ±1.1 Ac. PARK ±0.7 Ac. PARK/ CONNECTIVITY ±1.5 Ac. PARK/ CONNECTIVITY ±1.3 Ac. PARK/ CONNECTIVITY ±0.9 Ac.PARK/ CONNECTIVITY ±1.0 Ac. PARK/ CONNECTIVITY ±1.7 Ac. REC. CENTER ±2.6 Ac. REC. CENTER ±3.5 Ac. ELEM. SCHOOL ±13.6 Ac.COM-2 ±17.4 Ac. COM-1 ±4.7 Ac. POS. FS BP-1 ±3.0 Ac. BP-2 ±3.5 Ac. BP-3 ±3.0 Ac. BP-4 ±2.2 Ac. BP-5 ±4.0 Ac. COM-3 ±4.8 Ac. GREENWAY/ DETENTION ±28.3 Ac. GREENWAY/ DETENTION ±14.1 Ac. GREENWAY/ DETENTION ±4.0 Ac. GREENWAY/ DETENTION ±2.1 Ac. GREENWAY/ DETENTION ±6.0 Ac. GREENWAY/ DETENTION ±2.3 Ac. GREENWAY/ DETENTION ±5.4 Ac. GREENWAY/ DETENTION ±4.3 Ac. GREENWAY/ DETENTION ±7.0 Ac. PROPOSED ENTRANCE M IN O R A R T E R IA L AA-2 100 LOTS TYP. 50’X115’ ±20.9 Ac. AA-3 71 LOTS TYP. 60’X115’ ±18.2 Ac. AA-4 77 LOTS TYP. 60’X115’ ±19.9 Ac. AA-1 73 LOTS TYP. 50’X115’ ±15.4 Ac. SF-7 60 LOTS TYP. 50’X115’ ±12.7 Ac. SF-5 56 LOTS TYP. 65’X120’ ±16.0 Ac. SF-15 52 LOTS TYP. 55’X115’ ±12.7 Ac. SF-16 43 LOTS TYP. 55’X115’ ±10.7 Ac. SF-19 34 LOTS TYP. 65’X120’ ±9.8 Ac. SF-21 38 LOTS TYP. 65’X120’ ±11.0 Ac. SF-6 41 LOTS TYP. 65’X120’ ±11.8 Ac. SF-8 43 LOTS TYP. 65’X120’ ±12.3 Ac. SF-12 60 LOTS TYP. 65’X120’ ±17.4 Ac. SF-13 64 LOTS TYP. 65’X120’ ±18.5 Ac. SF-17 47 LOTS TYP. 65’X120’ ±13.5 Ac. SF-20 35 LOTS TYP. 65’X120’ ±10.0 Ac. SF-9 39 LOTS TYP. 75’X120’ ±12.7 Ac. SF-10 40 LOTS TYP. 75’X120’ ±12.9 Ac. SF-18 40 LOTS TYP. 75’X120’ ±13.0 Ac.SF-14 31 LOTS TYP. 75’X120’ ±10.2 Ac. SF-11 83 LOTS TYP. 55’X115’ ±20.4 Ac. SF-1 MODEL HOMES 15 LOTS ±4.6 Ac. SF-2 HIGH DENSITY SFR 143 LOTS ±17.9 Ac. SF-3 56 LOTS TYP. 75’X120’ ±18.1 Ac. SF-4 41 LOTS TYP. 65’X120’ ±11.8 Ac. S T A T E H W Y 6 PEACH CREEK CUT-OFF ROAD P I P E L I N E R O A D COLL E G E ST ATI O N CIT Y LI MIT S MI N O R C O L L E C T O R COLLEGE STATION CITY LIMITS 30’ Aquila Pipeline Easement1 0 0 ’ G s u P ow e r l i n e E a s em e n t PARK ±0.8 Ac. PARK ±1.1 Ac. PARK ±0.7 Ac. PARK/ CONNECTIVITY ±1.5 Ac. PARK/ CONNECTIVITY ±1.3 Ac. PARK/ CONNECTIVITY ±0.9 Ac.PARK/ CONNECTIVITY ±1.0 Ac. PARK/ CONNECTIVITY ±1.7 Ac. REC. CENTER ±2.6 Ac. REC. CENTER ±3.5 Ac. ELEM. SCHOOL ±13.6 Ac.COM-2 ±17.4 Ac. COM-1 ±4.7 Ac. POS. FS BP-1 ±3.0 Ac. BP-2 ±3.5 Ac. BP-3 ±3.0 Ac. BP-4 ±2.2 Ac. BP-5 ±4.0 Ac. COM-3 ±4.8 Ac. GREENWAY/ DETENTION ±28.3 Ac. GREENWAY/ DETENTION ±14.1 Ac. GREENWAY/ DETENTION ±4.0 Ac. GREENWAY/ DETENTION ±2.1 Ac. GREENWAY/ DETENTION ±6.0 Ac. GREENWAY/ DETENTION ±2.3 Ac. GREENWAY/ DETENTION ±5.4 Ac. GREENWAY/ DETENTION ±4.3 Ac. GREENWAY/ DETENTION ±7.0 Ac. PROPOSED ENTRANCE M IN O R A R T E R IA L LOT SUMMARY 50’x115’ 55’x115’ 60’x115’ 236 LOTS 181 LOTS 151 LOTS 17% 13% 11% 65’x120’462 LOTS 34% TOTAL 1382 LOTS LEGEND REGIONAL TRAIL: 10’ SITE LOOP TRAIL: 8’ SITE INTERIOR TRAIL: 6’ 75’x120’209 LOTS 15% High Density SFR 143 LOTS 10% TOTAL NET RESIDENTIAL: 352.4 Ac TOTAL DETENTION: 73.5 Ac a conceptual development plan for prepared for ±552.9 Ac COLLEGE STATION TRACT GRID RACEPLEX HOLDING, LTD ©2 0 1 3 K e r r y R. Gilbert & Asso cia t e s , I n c . , Al l Ri ghts ReservedOCTOBER 23, 2013 KGA #I-331 SCALE 0 800400200 23501 Cinco Ranch Blvd. Suite A-250 Katy, Texas 77494 (281) 579-0340 Fax (281) 579-8212 THIS DRAWING IS A PICTORIAL REPRESENTATION FOR PRESENTATION PURPOSES ONLY AND IS SUBJECT TO CHANGE. FURTHER, SAID DRAWING IS A SCANNED IMAGE ONLY AND IS NOT FOR COMPUTATION OR CONSTRUCTION PURPOSES. THIS DRAWING MAY OR MAY NOT INCORPORATE INFORMATION AND/OR DATA PROVIDED TO KERRY R. GILBERT & ASSOCIATES, INC. BY OTHER CONSULTANTS RELATIVE TO ENGINEERING AND DRAINAGE, FLOOD PLAINS AND ENVIRONMENTAL ISSUES AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE. NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACTUAL DESIGN, LOCATION, AND CHARACTER OF THE FACILITES SHOWN ON THIS MAP ARE INTENDED. ADDITIONALLY, NO WARRANTY IS MADE TO THE ACCURACY OF THE INFORMATION CONTAINED HEREIN. ©2013 KERRY R. GILBERT & ASSOCIATES, INC., ALL RIGHTS RESERVED RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, GRANTING CONDITIONAL CONSENT TO THE FORMATION OF BRAZOS COUNTY MUNICIPAL DISTRICT NO. 1 WITHIN THE CITY'S EXTRATERRITORIAL JUmSDICTION WHEREAS, the owner of land within the proposed boundaries of Brazos County Municipal Utility District No. 1 (the "District"), such land referred to herein as the "Land", has filed a Petition Requesting Consent to the Creation of a Municipal Utility District (the "Petition") requesting consent from the City of College Station (the "City") to creation of the District to include approximately 553 acres, described on Exhibit A attached hereto; and WHEREAS, the City is empowered under state law to exercise authority over municipal utility districts located within the City's extratemtorial jurisdiction; and WHEREAS, the Land proposed to be included in the District lies within the extraterritorial jurisdiction of the City; and WHEREAS, the District proposes to construct the infrastructure including water, sanitary sewer, drainage, road and other services necessary for development of the Land;and WHEREAS, the City desires to grant its conditional consent to creation of the District and the inclusion within the District of the Land within the City's extraterritorial jurisdiction in the event that the District is created. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby grants its consent to the creation of the District and the inclusion within the District of Land described in Exhibit A attached hereto within the City's extratemtorial jurisdiction subject to and specifically conditioned upon the following: A. That the term "consent" as used in this Resolution has the meaning provide in Section 42.042 (d), Texas Local Government Code, to wit, authorization to initiate proceedings to create the District as provided by law. B. That the consent granted in this Resolution is conditioned upon the District's compliance with the regulations applicable to municipal utility districts contained in the Code of Ordinances, City of College Station, Texas, including compliance with the written policies adopted by the City Council of the City of College Station regarding municipal utility districts. C. That the consent granted in this Resolution is subject to the requirement that the District receive the City Council's consent before the District issues bonds or refunds bonds. PART 2: That this Resolution shall take effect immediately from and after its passage. PASSED and APPROVED this _ day of_, 2014. APPROVED: Mayor ATTEST: City Secretary APPROVED: City Attorney EXHIBIT "A" ;^ON?_"':S5^3SIURVEYING "SSSBJSSS«m*t o*tteWpon»»M»*>g™m•""—^JffLB&33:Ay:ffi-s?-3EJ^•^s&.fwwW^'^:S;:ffSSl??FSS::i^§>*^"T^BJ'^"^TSSff^eo^^E^w^.W^-^^LHpa^jlf:=§SE-sss-'lys^-s^fS-JSSU.A^^ANIMATE HABITAT. LTD&463/20BScote: I- i 300-^."w ~\_^'"•"""'V.Jf,^^,1^p^i ai^—- «•*trnlatton It b(Hit4 »n rufnUnfl fn« northwatl(Ultey pfffvKtBd ti» ABCltlond TOr CflfflpcnyREMAINDKOFS63J)02 ACRESplf ennt- In mS/Sd9 OOBE ottactAquilo PipaUna n'Mnt. tn af.a/43 dun!, ottact 1 bis tract nndS229/23^ dwi u«ect this ttoiTfw En)<rqy Cutt Stott* ttml. 11 •GS06/211Enfsr<]y Cut) Stota stmt. tn 6506/Z23Ownor: Grid Raccploic Holdlng&. L552.905 ACRESOUT OF563.002 ACRESBSNG A PART OFGRID RACEPLEX HOLDINGS, LTD.CALLED 563.002 ACRE TRACTVOLUME 8340, PACE 52S. D. SMITH SURVEY. A-210BRAZOS COUNTf. TEXASSEPTEMBER 25, 2013REVISED: DECEMBER 3, 2013RtCMAftO C. CONPLE AttO UiFE.MU^O ao.oo"632S>~/WS^ o skum ^usycY. A^& '^f7-^-<*a 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-334 Name:Budget Amendment #2 Status:Type:Ordinance Agenda Ready File created:In control:3/17/2014 City Council Regular On agenda:Final action:3/27/2014 Title:Public Hearing, presentation, possible action, and discussion on Budget Amendment #2 amending Ordinance No. 3523 which will amend the budget for the 2013-2014 Fiscal Year in the amount of $565,396; and presentation, possible action and discussion on a contingency transfer in the amount of $35,000 and interfund transfers totaling $871,455. Sponsors: Indexes: Code sections: Attachments:Ordinance-FY14-Budget Amendment #2.pdf Exhibit A-FY 14 Budget Amendment 2.pdf Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion on Budget Amendment #2 amending Ordinance No. 3523 which will amend the budget for the 2013-2014 Fiscal Year in the amount of $565,396; and presentation, possible action and discussion on a contingency transfer in the amount of $35,000 and interfund transfers totaling $871,455. Relationship to Strategic Goals: 1. Financially Sustainable City 2. Core Services and Infrastructure Recommendation(s):Staff recommends the City Council approve Budget Amendment #2, approve the contingency transfer, and approve the interfund transfers. Summary: The proposed budget amendment is to increase the FY14 budget appropriations by $565,396. Also included is one contingency transfer in the amount of $35,000, and interfund transfers totaling $871,455. The charter of the City of College Station provides for the City Council to amend the annual budget in the event there are revenues available to cover increased expenditures and after holding a public hearing on such budget amendment. A number of items have been identified that need to be considered in a budget amendment. Attached is a list of the items in the proposed budget amendment. Budget & Financial Summary:The City has resources or can reasonably expect resources to cover each of the appropriations in this budget amendment. The attached list has the complete description of the items included in the proposed budget amendment. Reviewed and Approved by Legal:Yes Attachments: 1. Ordinance College Station, TX Printed on 3/21/2014Page 1 of 1 powered by Legistar™ AN ORDINANCE BUDGET AMENDMENT 2 AMENDING ORDINANCE NO 2013 3523 WHICH WILL AMEND THE BUDGET FOR THE 2013 2014 FISCAL YEAR AND AUTHORIZING AMENDED EXPENDITURES AS THEREIN PROVIDED WHEREAS on September 12 2013 the City Council of the City of College Station Texas adopted Ordinance No 2013 3523 approving its Budget for the 2013 2014 Fiscal Year and WHEREAS on February 13 2014 the City Council of the City of College Station Texas adopted Budget Amendment 1 amending the 2013 2014 Budget and WHEREAS the City Council of the City of College Station Texas finds it necessary to amend the 2013 2014 Budget as amended by Budget Amendment 1 and WHEREAS this amendment was prepared and presented to the City Council and a public hearing held thereon as prescribed by law and the College Station City Charter after notice of said hearing having been first duly given now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION TEXAS PART 1 That Ordinance No 2013 3523 is hereby amended by amending the 2013 2014 Budget adopted thereto by a net amount of 565396 as further detailed in Exhibit A attached hereto and incorporated herein for all purposes PART 2 That this Budget Amendment 2 shall be attached to and made a part of the 2013 2014 Budget PART 3 That except as amended hereby Ordinance No 2013 3523 shall remain in effect in accordance with its terms PART 4 That this ordinance shall become effective immediately after passage and approval PASSED and APPROVED this day of 2014 ATTEST APPROVED City Secretary APPROVED City Attorney ORDINANCE NO Mayor Exhibit A FY14 Budget Amendment 2 Detail Listing The proposed budget amendment is to increase the FY14 revised net budget for the items listed below by 565396 This amendment also includes the addition of three FTE positions interfund transfers and a contingency transfer Increases to personnel contingency transfers greater than 15000 and interfund transfers require Council approval and are therefore included as part of this Budget Amendment 1 75 Anniversary Expenditures 43079 Budget Amendment Donations in the amount of 51751 were received in FY13 and FY14 to be used toward the City of College Stations 75 Anniversary celebration Funds were expended in FY13 and FY14 for a variety of items related to the exhibit and anniversary This item will appropriate in the General Fund the budget that is needed for the FY14 expenditures the budget for the FY13 expenditures was appropriated in FY13 In addition the item will appropriate budget for the portion of the donations that have been not expended to date 5974 This portion of the budget will be appropriated to the Heritage Programs budget within the Parks and Recreation Department for future use 2 Municipal Management District Consulting Services 50000 Budget Amendment At the start of FY14 the City entered a contract with Allen Boone Humphries and Robinson for consulting services related to the creation of Municipal Management Districts MMDs in the City of College Station This item will establish budget in the amount of 50000 for these services The funds will be budgeted in the Economic Development Fund and it is anticipated that they will be repaid after the MMDs are established 3 Fire Department Restructuring 51115 Budget Amendment The Fire Department recently underwent organizational restructuring Prior to the restructuring the department had two Assistant Chief level positions one of which served as a Fire Marshal A component of the organizational restructuring was to move forward with two dedicated Assistant Chief level positions and one dedicated Fire Marshal position The Fire Marshal position will report to an Assistant Chief The restructuring resulted in the need for the addition of one Firefighter 111 level position in order to maintain shift requirements This item will add budget in the amount of 33351 for the addition of one Firefighter III position This amount is for an estimated six months of salaries and benefits plus 4921 for related equipment The estimated on going annual cost for the position is 56860 In addition budget is included in this item for the additional salary and benefits related to the restructuring of the Assistant Chief and Fire Marshal positions The amount estimated for six months of salaries and benefits is 10264 estimated annual cost of 20528 Also included is 7500 for other costs associated with the restructuring such as the purchase of a radio and additional training budget The funds for this position are available in the General Fund balance 4 Economic Development Position 53500 Budget Amendment This item is for the addition of a position in the City Managers Office that will focus on economic development activities of the City Currently there is one existing position that focuses primarily on Economic Development This item will provide an additional position and these 2 positions will work on economic development activities under the direction of the City Manager The amount included on this budget amendment item is for an estimated six months of salaries and benefits for the new position as well additional salary and benefits related to an upgrade of the existing position The estimated on going annual cost associated with these changes is 107000 The funds for this budget amendment item are available in the General Fund balance 1 Exhibit A FY14 Budget Amendment 2 Detail Listing 5 HOT Funded Public Communications Staffing 42933 Budget Amendment and Interfund Transfer This item is for the addition of one Full Time Equivalent FTE position in the Public Communications PC Department This position along with other Public Communications staff members will be responsible for strategically creating marketing materials that help increase tourism to College Station and its many amenities In addition PC staff will introduce College Station to other markets through the development of brochures promotional videos and marketing and advertising materials It is anticipated that these responsibilities will be shared among PC staff members resulting in the time spent on the activities equating to one FTE position As the primary focus will be to create high quality collaterals needed to bring tourism dollars to College Station it is recommended that the equivalent of one PC FTE be funded with Hotel Tax Funds The amount included on this budget amendment item is for an estimated six months of salaries and benefits plus 4000 for materials The estimated on going annual cost for the position is 77866 This position will be budgeted in the General Fund and Hotel Tax funds will be transferred to the General Fund to cover the expenditures related to eligible activities The funds for the FTE are available in the Hotel Tax Fund balance 6 Convention and Visitors Bureau CVB Relocation 46313 Budget Amendment With the anticipated sale of the Chimney Hill property the CVB will be vacating their current location on the property The CVB has identified a new location on University Drive The CVB has requested 4631250 for the City of College Stations portion of the anticipated FY14 cost of the relocation This includes rent moving expenses storage expenses new signage and stationary and expenses for minor construction These funds are available in the Hotel Tax Fund balance If approved this item will require revision of the FY14 funding agreement which will be brought to Council in the near future 7 Proceeds from the Sale of the First Street Property 80000 Budget Amendment 170000 Budget Amendment and Interfund Transfer and 658522 Interfund Transfer As part of FY14 Budget Amendment 1 budget was included for projects identified for use of the first street property sale proceeds This included 200000 for the assessment of transportation and facility capital needs for the proposed 2015 capital bond authorization This amount was originally intended to be a total of 280000 This item will amend the budget for an additional 80000 that will be used for the needs assessment Also as part of FY14 Budget Amendment 1 budget in the amount of 521300 from the first street property sale proceeds was added for the purchase of a Fire Department Hazmat Truck An additional 170000 is needed and it is recommended that the funds be transferred from the Facilities Capital Projects Fund and appropriated in the General Fund to be used toward the purchase of the Hazmat Truck These funds reflect the remaining balance from the Fire Station 6 project As part of FY14 Budget Amendment 1 budget in the amount of 658522 from the first street property sale proceeds was added for the design of the rehabilitation of Francis Drive and Graham Road and for the addition of sidewalks along Normand Drive This item will provide for the transfer of these funds from the General Fund to the Streets Capital Improvement Projects Fund where the budget will be appropriated and where the expenditures will occur 2 Exhibit A FY14 Budget Amendment 2 Detail Listing 8 Northgate Parking Garage Elevator Repairs 28456 Budget Amendment Water damage has recently been identified in one of the elevators in the Northgate Parking Garage and repairs estimated in the amount of 28456 are needed Repairs include replacing the car sill the door operator subflooring and the traveling cable Funds for the elevator repairs are available in the Northgate Parking Fund balance 9 Game Day Traffic Study 35000 Contingency Transfer The Texas A M University System in partnership with the City of College Station City of Bryan Texas A M Transportation Institute TTI the 12th Man Foundation and the BCS CVB has developed a study scope of work to improve Aggie football gameday travel and attendee experience TTI will work with agency and community stakeholders to develop an implementable plan for the 2014 football season monitor and evaluate the plan during the 2014 season and develop recommendations for the following seasons This project is in addition to the work currently being completed for the City of College Stations Game Day Traffic Study by Freese and Nichols and will utilize the data and analyses included in the Freese and Nichols study The Texas A M University System has contracted with TTI to complete the project The Citys portion of the cost is 35000 and if approved the budget will be transferred from General Fund contingency 3