Loading...
HomeMy WebLinkAboutC2018-403 - 8/21/2018 - Approved (-- Pk i'Ali A ir i SERVICE AGREEMENT NO. 1484 U o Health and Welfare Employee Benefits - Stop Loss ,k -‘41, pow 185`d THIS Health and Welfare Employee Benefits - Stop Loss Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and SA Benefit Services, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Health and Welfare Employee Benefits in response to Request for Bid/Proposal No. 1484 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Health and Welfare Employee Benefits - Stop Loss ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. The Services will be governed by Specific Terms and Conditions laid out in Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out in its entirety. 2. Term. This Agreement is for twelve months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $1,883,862.48, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this C2018-403 8/21/18 arm Page 1 of 7 M2018-138 15/17 SA Benefit Services LLC SCANNED Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Rose Bond Department: Human Resources Phone: 361 .826.3878 Email: RoseB2@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Rose Bond Title: Health Benefits Manager Address: 1201 Leopard Street, Corpus Christi, TX 78401 Phone: 361 .826.3878 Fax: n/a IF TO CONTRACTOR: SA Benefit Services, LLC Attn: Stephanie Chtata Title: President Address: 8647 Wurzbach Rd., Suite G, San Antonio, TX 78240 Phone: 210.996.2191 Fax: n/a 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: St -ACu'"-t CIZja Printed Name: Stephanie Chtata Title: President Date: 08/23/2018 CITY OF CORPUS CHRISTI Q � Signature: k./�lnrv� 6 cJc Printed Name: 4c g P X-E Title: . *P1,(G44n( o& yIircic,c 66UVic_cs Date: E. 23 . 18 ATTEST: ' 4. �r-♦-- RE:ECCA HUERTA Attached and Incorporated by Reference: CITY SECRETARY Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Specific Terms and Conditions Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1484 Exhibit 2: Contractor's Bid/Proposal Response sY MINCH. B. SECRETARv Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A - Scope of Work Health and Welfare Employee Benefits 1.1 Background The City of Corpus Christi (City) has been administering a self-funded plan for more than ten years. The medical claims are currently administered by United Healthcare and the Pharmacy Benefit Manager (PBM) under Express Scripts since 2015 and the group was self-funded with Humana immediately prior. The City has an onsite Wellness Clinic at City Hall in conjunction with Concentra under a contract that will continue until 2022. Developing a broader primary care presence is a goal of the City including targeting chronic disease states and comorbidities among their population. The group that will be covered consists of all eligible employees and at the current time there are 2,719 active employees which includes Pre-65 retirees. The coverages to be provided are as follows: • Stop Loss 1.2 Stop Loss General Requirements A. Contractor must be financially sound with an AM Best rating of A- or higher. B. Contractor must be able to implement the plan(s) with an effective date of October 1, 2018. C. The City or its agent reserves the right to audit your performance by reviewing pertinent records and documentation, including clinical records, subject to appropriate confidentiality requirements. D. The Stop loss insurance is for claims incurred in the 24-month period and paid in the 12-month period immediately preceding the end date of the contract period. The Contractor agrees to provide specific stop loss protection to the policyholder for a catastrophic loss per individual claimant with an attachment point of $250,000 and unlimited maximum and covers both medical and prescription claims. Attachment B - Schedule of Pricing SA BENEFIT SERVICES City of Corpus Christi-Effective:1010112018-Firm Proposal Stop Loss Terms Current Option 1 Option 2 Stop Loss MGU-If no MGU Is a direct writer Stop Loss Carrier BPiLi S1 PannwFe PartnerRe AdminlstratorlTPA UHC BMS 01 TX Bt'A5 of TO Medical Network UHC San et TX. BOBS of TX Mnrrerc on Cndrart 12 12 12 Specific Deductible $250,000 $260,000 $360,000 Aggregating Specific Deductible $0 $0 So Maxirrtirr Coverage Lint Unfrrted Unlimited Untmted Contract Pad 2412 24117 Coverage-5 Med-Rs Med,Rx Med,Rx Aggregate Annual Maximum 519000.000 51,000,000 51.000,000 )eArctible Corridor 125% 125% 125% Contract Paid 2412 2412 Coverages Med.Rx Med.Re Mod,Rx l3scfosure Final Claim Da.a Need Itiro FIRM FIRM Stop Lose Premium(Fined) 1,11112 1.917 $53. $36 27 576 OA 1.219 553 59 028.95 553.92 L.a < 2.535 15351 $615.1 $4.127 Annual Specific Premium $1,630,060.80 $1,872,909.08 $1,347,349.12 - 2.535 51000 $200 5235 Annual Aggregate Premium 5304,320.00 090,96400 871,515.20 Total Annual Premium 51,936,170.99 $1,933,772.99 51,419,863.32 %Increase -0.07% -26.80% Annual Fixed Cost 51,936,171 51,933.773 $1.416883 Aggregate Claim Liability . -. Single 1 317 51530.c) $95034 $978 OS Family 1.219 $1,501.C) 12347.94 52.398.21 Compasaa 2,536 61,50).00 81,62629 51,659.73 Maximum Claim Liabiidy $46,546,000 $49,491272 $60,$08,862 %Increase 8.42% 10.66% Corridor Percentage 125 125 125 Expected Claim Liabmty 595,919,400 $39.593,017 140,407.099 Run In Limitation SO55186,409 $6,313,608 Expected Plan Coat $38467,671 $41,628,780 - 641.826.963 Summary `-{::;:v:and 697.gatc Pr,m um 51,935,170.88 S1.933372 AA $1418.8W 32 txpe,ted clam Uutntt' $36518.1% $38,593017 $40,407,090 Total Annual Expected Claim and Fixed Costs $36453,570.88 $41,526,790.22 $41625,962.99 Maximum Plan Cost $47,583,171 $61,425,045 551.927,726 %Increase 9.07% 9.13% __..._... Mem6erl Gots hismiasa DOES 9/16812 $6401e alar 4116162 SASCAA laser Akimbo!'34.MB Member 34 DOB 2127171 $1505 taxar 2122171.$4011c inset Additional Options Indud.d If any Member 43 DOB 4112156.13505 Rroet Qualification$ 1)SA Baneht Services.LLC tees atop bus clams monthly,liaison betwaen group/advisor and stop loss canner,monitors monthly reports,and provides monthly repotting to carrier. All services are deluded in the 1940100 rate;. 2)Quote assumes Active.COBRA.and Retirees are covered 3)Rates and Factors to lain.Signature documents moat be to the carrier by 0/22/19 to remain Fein 4)PkoaSe ranee.carrier contingencies riclodod win Aro prC(615al for contingencies detail 5)5A Benefit Somites,LLC may receive addtunal compensation horn the carnets. "t3u0500ns COmatt. SA Benefit Services.LLC Stephanie Chtata.MHA.MBA President Dean Phone'(210)9962191 5616 tonestar Ploty,Suite 102 San Antonio,TX 78253" liC7SA BENEFIT SERVICES City of Corpus Christi-Effective:101812018-Firm Proposal St op Lass Tarns Current Option) Option4 Stop Loss MGU-If no MGU it's a direct writer Slop Loss Carrier BP/UHC PadnerRe PartnerRe Adrrinistrata/1PA UHC BCBS of TX BOBS of TX Medical Motvmrk UHC BOBS o1 TX BOBS of TX Months In Corrtrad 12 12 12 Speck Deductible $251,100 $451,100 $258,080 Aggregating Specific Deductible SO $8 $511,181 Maalmum Coverage Limit Urikxied Unimled Urimled Contract Pad 24/12 24112 Coverages Med,Rx Med,Rx Med,Re Ag4apte Annual Mammurl $1 p00,000 $1,000,000 $1,000,000 Deduditle Candor 125% 125% 125% Contract Pad 24112 24712 Coverages Med,Rx Med,Rx Med,Rx Disdosare Friel Clam Data Need Thr] FIRM FIRM Stop Loss Premium(Fixed) Speatic Single 1,317 $5359 $18.00 $25.07 Family 1,219 $5359 $44.09 $61 41 Composte 2,536 $5359 $3054 $42.54 Annual Specific Mardian $1,630,850.80 $929,420.52 $1,294,511.76 Aggregate Compotte 2,536 $10.00 $264 $200 Annual Aggregate Prerrium $384,320.08 $80,340.40 $60,064.00 Total Annual Prenirrn $1,935,170.88 $1,109,761.00 $1,355,375.76 %Increase 47.82% -29.96% Annual Fixed Cost $1,936,171 $1,109,711 $1,355,376 Aggregate Claim Liability Med,Rx Single 1,317 $1,500.00 5988.94 5958.34 Family 1,219 $1,500.00 $2,422.89 $2,347.94 Compoate 2,536 81,50000 51,678.21 $1,626.29 Maxi num Claim liability $41,648,000 681,171,243 $49,491,272 %Increase 11.18% 8.42% Condor Percentage 125 125 125 Expected Claim Liallility $36,518,400 $40,856,994 $39,593,017 Run In Limitation $0 $6,383,905 $6,186,409 Expected Plan Cost $38,453,571 $41,866,755 $40,940.393 Summary Spe arc and Aggregate Premium 51,935,170.88 $1,009,761.00 $1,355,375.76 Expected Claim Liability $36,518,400 $40,856,994 839,593.017 Total Annual Expected Claim and Fixed Costs 538,4$3,578.81 $41,166,755.14 $41,948,393.10 Mxoinum Plan Cost $47,583,171 $52,081,004 $50,846,647 16 Increase 9.45% 6.8646 Mattx:r 1.DOB 8!1652-$650k laser Merrber1:DOB 9116162-9450k laser A(ketonal 0,tions Included,if any. .R DOB 2712171-$4001(laser Member 43 DOB 4712156-$3506 laser Oual ications 1)SA Benefit iterates,LLC Be s stop los chins monthly,Hawn between group/advisor and stop loss carrier,monitors monthly reports,and provides moriFiy reporting to carrier. 711 services are included in the quoted rates. 2)Quote assumes Arbve,COBRA,and Retirees are covered. 3)Rates and Factors are firm.Signature docuneris must be to the carrier try 822718 to remain firm. 4)Please reviewcamrer contingencies inducted with the proposal for contingencies details. 5)SA Benefit Services,LLC may receive additional compensation from the carriers. 'Questions Contact: SA Benet Services,LLC Stephanie Cmata,MHA,MBA President Direct Phone.(210)996-2191 5616 LoneiarPkwl,Suite 102 San Antonio,TX 78253" PartnerRe KON Special Notations MINIM This Quotation is tentative and subject to receipt,review and acceptance of the following information by the Company,which is critical to coverage structure and premium rating. Additional underwriting adjustments,including changes in terms and higher specific deductibles on certain individuals,may be required. 1. Actively at Work is waived with receipt and acceptance of the PartnerRe Claim Disclosure Statement. 2. Completion and signature of the Application 3. Finalized Plan Document,revisions or amendments to be provided and approved. 4. This Quotation assumes that the Agent/Broker is operating under the appropriate license and has been appointed with the Company in the state in which the tisk is located(the policy is delivered). 5. This Quotation is subject to cancellation or revision prior to the binding of coverage 6. This Quotation is subject to the verification and approval of the Policyholder against the economic and trade sanction watch lists enforced by the Office of Foreign Assets and Control(OFAC) 7 The following 3 individuals have an Adjusted Specific Deductible' Member 1-DOB 8/16/620$650,000 Member 34-DOB 2/22/71§the greater of the Specific Deductible shown above and 5400.000 Member 43-DOB 4/12/56 0 the greater of the Specific Deductible shown above and 5350.000 8. The statements herein may vary from the final Policy wording and the final Policy wording along with the Excess Loss Insurance Application and Claims Disclosure Statement shall govern over any inconsistency with the wording herein To ensure a smooth transtion and to maximize cast containment initiatives,Partnerite offers an imptementatbn meeting to each new chert. Our goal is to understand the specific needs tithe Paryhotder and to offer solutions that meet their unique requirements Terms presented in this Quotation expire on: August 10,2018 Bnan Reule Direct 1 815 307 1665 Managing Underwriter.AVP Fax: 1 913 871 7201 PartnerRe America Insurance Company Brian Reule0PartnerRe corn Cry ofCo'PosCI'u (10/1/1si 7126/2018 1230 PM Attachment C - Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Director Human Resources, 2 copies of Certificates of Insurance (COI) showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on the Commercial Liability, Auto Liability, and Workers' Compensation policies. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial ISO Form 2. Premises- Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions . CRIME/EMPLOYEE DISHONESTY $1,000,000 Per Occurrence WORKERS'S COMPENSATION Statutory and complies with Part II of this Exhibit. Employers Liability $500,000/$500,000/$500,000 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Commercial General Liability and Auto Liability shall list the City and its officers, officials, employees, volunteers, and elected representatives as additional insureds; • Commercial General Liability shall be primary and noncontributory; and • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2018 Insurance Requirements Purchasing Employer Sponsored Group Health Plan Benefits with Life, LTD and TPA Services 01/10/2018 sw Risk Management Attachment E - Specific Terms and Conditions 1 . Access to Information. If the City needs access to information in the Contractor's possession, for purposes other than an audit, but in order to administer the Plan, Contractor will provide the City access to that information if it is legally permissible, the information relates to Contractor's services under the Agreement, and the City provides reasonable advance notice and an explanation of the need for such information. 2. Confidentiality. Each party may have access to information that is confidential to the other party. Neither party will disclose the other party's confidential information to any third party or use the other party's confidential information for any purpose other than for the purposes of this Agreement, except as may be required by law or valid government or court order, which may include Texas Public Information Act (Ch. 552). The Contractor shall any information, other than that information covered by HIPAA, that the Contractor considers confidential or proprietary. If the City receives a valid request under the Texas Public Information Act for any information marked confidential or proprietary by the Contractor, the City shall request an opinion from the Texas Attorney General's Office as its ability to withhold the information from public inspection. The City shall inform the Contractor of the request in accordance with the Texas Public Information Act and inform the Contractor of its right to submit arguments to the Texas Attorney General's Office regarding the confidentiality of the confidential or proprietary information. 3. Audits and Records. The Contractor will keep all records relating to the Services provided under the Agreement for as long as it is required to do so by law. In no event shall the Contractor fail to keep the records for at least the term of the Agreement and 12 months following the termination of the Agreement. During the term of the Agreement, and at any time within 12 months following its termination, the City, or an independent auditor hired by the City, may audit the Contractor once each calendar year to determine whether the Contractor fulfilled the terms of this Agreement. The City must advise the Contractor in writing of its intent to audit. The place, time, duration, and frequency of all audits must be reasonable.