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HomeMy WebLinkAbout07/31/02 AGENDA FILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA JULY 31, 2002 1. PRE-COUNCIL STUDY SESSION: 5:00-5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting - July 24, 2002 (#AB02-147) ( B. Resolution No. 2869, setting a Hearing Date of August 21, 2002 for Vacating a portion of the alley located between Warren Avenue & Park Avenues, and between 4th & 5th Streets (#AB02-148) C. U.S. Department of Justice Local Law Enforcement Block Grant (LLEBG) FY 2002 /'~ (#AB02-149) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS A. Appointment of Pro & Con Committees for Local Voter's Pamphlet on Public Safety Bond Issue (#AB02-150) B. Contract Renewals between the City and KPS Health Plans for Employee Medical Coverage (#AB02-151 ) 9. PUBLIC HEARINGS - RESOLUTIONS & ORDINANCES A. Resolution No. 2870, regarding Recovery of Fees for the Removal of Vegetation on the List of Properties (#AB02-152) 10. ADJOURNMENT OF MEETING E-mail: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us CITY COUNCIL MEETING JULY 31, 2002 SPEAKERS LIST If you wish to make an announcement, inform the Council of an issue, or ask a general question...Please provide information be/ow so staff will be able to contact you. Thank you. NAME ADDRES S/TELEPHONE TOPIC 2. o Reminder: The next Council Meeting will be held on Wednesday, August 142 A Monthly Study Session will be held on Wednesday, August 7th The City Council passed a resolution last week placing a Public Safety Bond Issue in the amount of 12.979 Million on the September 17, 2002 ballot. In order to participate in the County Voters Pamphlet we must appoint a committee to write a statement in support of the bond issue and a committee to write a statement in opposition to the bond issue. If you wish to serve on the committee to write the statement in opposition to the bond issue please contact the ~nc:~! office no later than 5:00 p.m. tomorrow Thursday August 1st. The phone number is 478-53,8~. 5"~._c~ O The proposed committee in support of the bond issue is: Mayor Cary Bozeman Chief Rob Forbes Chief A1 Duke Stacey Tucker Alan Martin Jerry Reid The committee will select a chairman and the three names to appear in the voters' pamphlet. PROCLAMATION WHEREAS, the City of Bremenon applied and was selected as a World Changers Project site for the fourth consecutive year; and WHEREAS, over 250 young adults have raised their own funds to come to Bremerton during the week of July 29-August 2, 2002; and WHEREAS, these young people will paint, put on new roofs, and do yard work on the homes of 22 low income families; and VqHEREAS, the community, area businesses and churches have come together to support the City of Bremerton with this worthwhile project; NOW, THEREFORE, I, Cary Bozeman, Mayor of the City of Bremerton, do hereby proclaim July 29 - August 2, 2002 as WORLD CHANGERS WEEK in Bremerton and call upon all citizens of our City to join us in recognizing these young adults in their positive efforts to assist our citizens. SIGNED this 31 st day of July 2002. Cary Bozeman, Mayor AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FORAGENDA OF: JULY 31, 2002 ORIGINATING DEPT: CITY COUNCIL MINUTES OF MEETING- JULY 24, 2002 ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: JUkY 25, 2002 2. CLEARANCES: (Comment on back ifnecessary) 3. EXHIBITS: ENDORSEMENT ~ INFORMATION ~] APPROVED FOR SUBMITTAL BY cou3% PR~S~r,[NT: MAYOR: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED [--] TABLED [-] APPROVED [~ DISAPPROVED [--] AMENDED [--] DATE: COUNCIL DIRECTIVE: JA 8. AGENDA BILL NO.: Q¢'~ "' / ~( 7 / 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: TAPE #1844 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES July 24, 2002 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, July 24, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Council President Carol Arends. Council President Arends made the following announcements: (1) The regular Pre-Council Session, which was open to the public, was held in the Council Conference Room to discuss general Council business from 5:00 to 5:30 P.M. CONSENT AGENDA A. Minutes of Meeting- July 10, 2002 (#AB02-141) B. Minutes of Meeting - July 17, 2002 (#AB02-142) #0025 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0050 M/S/C (Younger/McConnell) On July 24, 2002 the Council approved payment for those vouchers included and further described as follows: Check numbers 270316 through 273123 in the amount of $923,664.27; and Regular Payroll in the amount of $924,980.46 for the period ending July 15, 2002. Voted in favor of the Motion: McConnell, Nygren, Rollman, Shepherd, Younger, Maupin, Short, Arends Abstained: Olsen Motion Carried: 8-Yes; 1-Abstention COUNCIL MEMBER REPORTS Mike Short reported on meetings he attended with transportation representatives and officials in Seattle. The estimated cost for downtown transportation improvements in Seattle is approximately $11.9 billion which includes viaduct improvements, seawall upgrades at the ferry dock, and tunnel construction. Eric Younger discussed a law seminar he attended yesterday that covered shoreline regulations and permitting issues. Mike Shepherd thanked the citizens who attended his 4th Annual District 5 picnic last Saturday at Evergreen Rotary Park; assured the public that staff is working on the odor problem at the lift station located at Park Avenue & Washington Street; and announced that sidewalk construction will be ongoing during the summer between High Avenue and Hewitt Avenue on 10t~ Street. Ed Rollman announced the next Concert of the Boardwalk would be held Friday from 6:00 to 8:00 P.M. TAPE #1844 City Council Reg. Mtg. Minutes July 24, 2002 Page 2 of 6 Daren Ny.qren commented on the District 3 meeting held last night; and informed citizens that they may contact Marilyn Waibel in Community Development at 478-5375 to obtain information on the "Down Payment Assistance Program" or "Low-Interest Home Rehabilitation Loan Program". Carol Arends will be attending Puget Sound Regional Council Executive Board Meeting and Operations Committee Meeting in Seattle tomorrow. MAYOR'S REPORT Mayor Bozeman asked that Gene Sampley, Director of Public Works & Utilities, provide an update on the sewage spill. The spill is estimated to be between 250,000-350,000 gallons that occurred over the course of a week and was due to contractor failure to install a plug on a pipe that interconnected the sewerline. Clean up has begun and the storm water line has been cleaned. Mayor Bozeman additionally briefed the Council on the following issues: · Announced that an Interim Finance Director would be selected by next week, and then the position for Director would be filled at a later time. · Would like to introduce the City's new lobbyist at an upcoming committee meeting. · Announced that there is a proposal being considered which would facilitate ferry traffic movement to Burwell Street via a tunnel. Funding is available to assist the city in the overall cost. On a side note, some funding may also be available to assist in fast ferry wake research. PUBLIC RECOGNITION Allen Shute thanked Lori Smith and Paula Johnston for helping him in recent weeks; pointed out that there are drug houses across from his residence and he would like action; and emphasized the need for more cops to be on the streets to address the drug issue and to look at the problem of speeding motorists. Don Larson announced that some plum seedlings and Douglas fir trees are available to plant. Volunteers are committed for the planting projects; has explained that in speaking Jim Trainer, Community Forester, there is interest in setting up an agreement with the City of Bremerton so that trees would be watered in right-of-way areas. He may be reached at 373-7593 to make arrangements. Gerard Krye, of VCW Post #239, announced that flags should be flown at half-staff from sunrise to sunset on Saturday, July 27 for National Korean War Armistice Day. He reminded the public that any flags that are no longer flyable may be brought to VFW Post #239 at 190 South Dora Avenue for proper disposal. H. Emily Mosha¥ announced that Gracey Kelley had passed away and was a Iongtime volunteer for the Admiral Theater and very active with the West Sound Arts Council. The funeral service will be held at Miller Wood Lawn Mortuary on Friday at 11:00 A.M. with a reception immediately following the service. NEW BUSINESS 8A- 2003 CDBGIHOME POLICY PLAN (#AB02-143): Debbie Peavler- Stewart, Administrative Analyst, stated that as an Entitlement Community under the Community Block Grant Program, the City of Bremerton is required to solicit the input of citizens in the use of CDBS and HOME Funds. Attached is the draft 2003 CDBG/HOME Policy Plan and schedule. The Plan identifies the CDBG rules and regulations, as well as the City's proposed allocation process for CDBG and HOME funds. The Plan TAPE #1844 City Council Reg. Mtg. Minutes July 24, 2002 Page 3 of 6 was made available to the public for comment from June 11 to July 23, and a public meeting to discuss the plan was held on June 25, 2002. A technical assistance meeting to discuss the elements of the application was held on July 23. According to the plan, applications will be accepted until August 22. The City received two comments from Kitsap Community Resources (KCR) relative to the draft plan. KCR recommends expanding housing services to include homeowners and providing a two-year funding cycle for public service grants. Another comment was received following submission of the documents to Council and the comment provided support for a one-year funding cycle. Larry Eyer, Director of KCR, provided an overview of the services KCR provides and emphasized that current arrangements disallow the use of CDBG funds to make improvements on rental properties. Changes in the program would allow the rentals to be improved and would encourage home ownership for the elderly and those individuals who fall under the Iow-income bracket. Some of the services include weatherization that will ultimately improve energy efficiency. Allen Shute asked why the improvements should benefit slumlords. Mr. £¥er answered that the goal is to lower energy costs and the benefit goes to the tenant not the landlord. Will Maupin asked where that issue is addressed in the plan. Ms. Peavler-Stewart directed the Council to Part 2, Page 7 of the 2003 Policy Plan. In that segment it is specified that CDBG funds will not be used for private rental housing. Services like weatherization, rehabilitation projects, and increasing opportunities for the homeless are included in the plan. Ed Rollman asked how many housing units would be available to the homeless and what was the estimated cost. Ms. Pearler-Stewart would provide that information at a later time. Mr. Rollman asked why the amount of $50,000 is set aside for code enforcement and if the amount is for expected violations. Ms. Pearler-Stewart clarified that the amount is for the salary of the building inspector. Daren Nwren asked if other cities' policies have been reviewed. Ms. Peavler-Stewart answered that the policies generally allow use of funds on rental housing. It is at the discretion of the individual jurisdiction to decide the best use of the funds. Cecil McConnell asked for clarification on use of funds for capital projects. Ms. Peavler-Stewart responded that the capital projects would include parks projects, curb cuts, sidewalk repairs, and Admiral Theater improvements. Mike Shepherd commented that the intent of the program was to offer help to those individuals who really need the help and to provide incentives for home ownership. Ms. Peavler-Stewart stated that world changers, habitat for humanity, KCR, revolving loan, and down-payment assistance programs are all intended to improve home ownership levels in the City of Bremedon. Wayne Olsen pointed out that there are homes that are already owned which need attention. He emphasized that homeowners should receive first consideration for funding assistance. Mike Short commented that the program should continue to assist Iow-income homeowners. In addition, improving the rental properties may help in the short term but when the renter leaves the landlord may raise rent to compensate for improvements made with that assistance. Mr. Eyer clarified that there is a restriction on owners so the rent can not be raised. Mr. Maupin asked that the issue be decided tonight but that Council consider an amendment to address the assistance to rental properties issue. Paula Johnston clarified that an amendment can be made after the Main Motion, and if the amendment survives the vote then the amendment becomes part of the Main Motion. TAPE #1844 City Council Reg. Mtg. Minutes July 24, 2002 Page 4 of 6 Mayor Bozeman expressed his support for passage of this policy but emphasized that there is a limit on the resources available. He emphasized that there is a need for home ownership considering the high rate of rentership in order to improve the neighborhoods. Mr. McConnell stated that the funding should be provided to those who truly demonstrate a need rather than choosing not to do the work. President Arends provided comments in support of the efforts made towards home ownership. Mr. Younger proposed that a Study Session be held to discuss the renter issue and the breakdown of fund usage. Ms. Peavler-Stewart specified that HOME funds goes towards the down-payment assistance program and that $50,000 is available for weatherization and $100,000 is available for World Changers and home rehabilitation program. #1560 M/S/C/U (Maupin/Olsen) Move to approve the 2003 CDBG/HOME Policy Plan 9A - RESOLUTION NO. 2866, PROPOSING A PUBLIC SAFETY BOND ISSUE FOR SUBMISSION TO PRIMARY ELECTION (#AB02-144): Mayor Bozeman announced that the Resolution would allow the public to vote at the September 17, 2002 Primary Election on a proposition which would authorize the City to acquire additional police patrol vehicles; acquire four additional fire trucks, apparatus and related equipment; construct, remodel and equip a new Fire Station and Police and Court facility with related offices. To issue no more than $12.979 million of unlimited tax general obligation bonds maturing within 25 years to pay the costs of such construction and acquisition and levy annual excess property taxes to pay and retire the bonds. This amounts to approximately $0.59/$1,000 assessed property value in the first year of the bond issue to $0.33/$1,000 assessed property value in the final year. For the individual homeowner whose property is valued at $100,000 this equated to $4.90 per month in 2003 property taxes decreasing to $2.74 per month in 2027. Mayor Bozeman encouraged support for the bond issue, and emphasized that it has been 10 years since the last major capital improvements were done. Fire Chief Al Duke summarized that there is a need for a new fire station and new fire engines, and would like for the citizens to have the opportunity to decide on whether or not to fund these improvements and purchases. Police Chief Rob Forbes established that this bond would allow the Police Department to come together in one place and not be fragmented. He outlined the needs of his department such as new patrol vehicles, additional office and storage space for seizures. Allen Shute believes that the City needs more money, and given the high percentage of rental properties in the City, property owners should have to pay for public safety. All Council Members offered their support for the bond... Mr. Shepherd addressed the concern over having more officers available by stating that there is the possibility of including those needs in the next budget. Council Member Daren Nygren left the meeting at 6:32 P.M. and returned at 6:35 P.M. Wayne Olsen asked for clarification on how the funds would be spent. Mayor Bozeman answered that the individual purchases will be discussed at appropriate times since there is flexibility on equipment purchases. TAPE #1844 City Council Reg. Mtg. Minutes July 24, 2002 Page 5 of 6 Cecil McConnell asked that Council be involved in process of choosing the locations of the fire station, and police and courts buildings. Mayor Bozeman confirmed that the Council would be notified of any negotiations and plans for public safety buildings, and further clarified that the final decision will be made by Council for the actual location for those buildings. Wayne Olsen agreed that there is a need for more officers. He cautioned that salaries should not be included in bonds since there is the risk that voters may not approve the bond, and the positions would then be unfunded. #2350 M/S/C/U (Younger/Olsen) Move to approve Resolution No. 2866 providing for the submission to the registered voters of the City at the September 17, 2002 primary election a ballot proposition for Public Safety purposes in the amount of $12.979 million. 9B - RESOLUTION NO. 2867 IMPOSING OFF-PREMISES SIGNS MORATORIUM (#AB02-145): Chris Hugo, Director of Community Development, pointed out that there are no provisions in the code for off premises signs, defined as signs that advertise a business, profession, product, event, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located. There is a need for an off premises signs ordinance to protect the public's interest in maintaining the aesthetics of the community, because in many cases these types of signs contribute to visual clutter. The proposed moratorium will provide up to six (6) months to conduct a public process to create the necessary siting and design standards. There were no comments from the public. City Attorney Roger Lubovich clarified for Council Members that if the resolution were passed then a public hearing would need to be held within 60 days. The proposed hearing date is included in the motion for this item. #2610 M/S/C/U (Shepherd/Rollman) Move to pass Resolution No. 2867, with the Public Hearing scheduled for August 14, 2002. 9C - RESOLUTION NO. 2868, IMPOSING MORATORIUM ON APPLICATIONS FOR WIRELESS COMMUNICATIONS FACILITIES (#AB02-146): Chris Hugo, Director of Community Development, said that staff has received several applications for wireless communications facilities (towers, antennae) this year. More applications are anticipated. Since there is very little language in the Comprehensive Plan and no standards in the Zoning Code to guide the permitting and siting of wireless facilities, it is difficult to regulate these facilities in a consistent manner. In addition, applications that are handled administratively in other jurisdictions must be handled as Special Use Permits in Bremerton due to the City's lack of detailed regulations. There is a need for a wireless communication facilities ordinance, both to give applicants some predictability in the permitting process, and to protect the public's interest in maintaining the aesthetics of the community, because in many cases the public feels that these facilities are unsightly. The proposed moratorium will provide up to six (6) months to conduct a public process to create the necessary siting and design standards. Mr. Hugo added that the demand for towers has remained high. The question is how to accommodate the industry without impacting property values. The moratorium would allow time to develop standards for the cellular phone towers. TAPE #1844 City Council Reg. Mtg. Minutes July 24, 2002 Page 6 of 6 There were no comments from the public. #2915 M/S/C/U (Shepherd/McConnell) Move to pass Resolution No. 2868, with the Public Hearing scheduled for August 14, 2002. With no further business, the meeting was adjourned at 6:54 P.M. Prepared and Submitted by: CHRISTINE GRENIER ELLINGSON Council Assistant Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CA/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION# ~, ~~ FOR AGENDA OF: July 31, 2002 SETTING A HEARING DATE OF A~!GUST 21, ORIGINATING DEPT: .PW&U Engineering Division 2002 FOR VACATING A PORTION OF THE ALLEY ORIGINATOR Michael C Mecham, City Engin~e_.~,./~ LOCATED BETWEEN WARREN AND PARK DATE SUBMITTED: July 19, 2002 AVENUES AND BETWEEN 4TM ANI~] 5TM ~TRE~ETS. 2. · CLEARANCES: (comment on back~r~c~ Directo~tilities City Attorney ~ ~:~' B. Site Map. ~! ~/~. Director, Community Development ~ ~ . /-] 7t-~//_ .fi/F(./ Council Budget & Finance Commj~e~ Operations Committee ~~~~~ It:/v '(7 ENOORSE~ ~~--~__2~TION APPROVED BY COUNCIL PRUSlDENT FOR SUBM~TT. MAYOR ~ COUNCIL PRESIDENT ~ .~/"~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City received a petition from KPS Health Plans to vacate a portion of the alley located between Warren and Park Avenues and between 4th and 5th Streets. This right-of-way consists of a paved alley that abuts the applicant's properties and is utilized as access to those properties. The vacation is being requested by KPS Health Plans to develop the site for additional parking. An ingress and egress easement will be granted by KPS Health Services to the City of Bremerton further to the east on the property to allow continued access to the existing alley, which is not to be vacated. The City Council is being requested to establish a hearing date of August 21, 2002, to consider the proposed vacation. Staff recommends passage of the proposed Resolution. 8. RECOMMENDATION: That the City Council pass Resolution # ~,~se~in~g~a hearing date of August 21, 2002, for vacating a portion of the alley located between Warren and Park*Avenues and between 4th and 5th Streets. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OFACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The heating on the right-of-way vacation will not occur, and the rights-of-way will not be considered for vacation. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of- Way RCW 35. 79 Streets T:\Vacations\KPS Alley\Agenda Bill and Resolution for Hearing Date .. _, ' 5TH STREET I ALLEY P . REVIOUSL Y ,. ~'~ ,. ~ ,~ ;~. ~,~.' . ~ - -- I I I "~' ~ -! [-,zq I ~'1 I .~ .~% .~. . ' ' t I I I ! I i [ I .~..., ;~:, ";"" ' ' " i ' SEAL[ CITY OF BREMERTON EXHIBIT MAP HOR~Z~/SO DEPARTMENT OF PUBUC WORKS ~ U~LI~ES KPS VACATION OF PORTION OF ALLEY PLOT 1/1 ENClNEERIN6 DI~SlON BETWEEN 4TH AND 5TH STREET DRAWING NO. D~WN BY: TH DESIGN BY: 6F CHECKED BY: LK SHE~1 DATE 7/2~/02 DATE 7/22/02 DATE 7/2]/02 1 OF ~ I~$OI~ION of the City Council of the City of Bremerton~ Washington, cstablishin~ a hearin~ date for the proposed vacation of a portion of the alley located between Warren and Park Avenues and between 4th and 5th Streets. WHEREAS, a petition has been received to vacate a portion of the alley located between Warren and Park Avenues and between 4th and 5th Streets; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION1. A public hearing will be held on August 21, 2002, at 5:30 p.m. or later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. SECTION 2. Severabili_ty. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of ,2002. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: KATHLEEN MCCLUSKEY, City Clerk R:\LEGAL\Resolutions\Warren & Park vacation.doc 1 Alley Vacation - Public Hearing AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: U.S. Department of Justice Local Law FOR AGENDA: Enforcement Block Grant (LLEBG) FY 2002 ORIGINATING DEPT: Police ORIGINATOR: Tim Sholtis DATE SUBMITTED: July 17, 2002 2. CLEARANCES:~C~mment on back if necessary) 2. EXHIBIT__S: Treasurer-- ' Operations Committee C'"~air Budget and Fisca~'/omm~t[e~ Chief of Police .~/,~t~ 4, SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Department of Justice awarded the City of Bremerton $72,068.00 through the LLEBG formula program. The City has a cash match of $8,008.00 over the grant period October 1, 2001 to September 30, 2003. The funding is used for police vehicle purchases. Council needs to formally accept the grant, 5. RECOMMENDATION: Recommend that the City Council approve accepting this Local Law Enforcement Block Grant for $72,068.00, and comply with the special conditions according to grant administration. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: Chief Forbes EXPIRATION DATE: 9/30/03 REVIEW DATE: 7. NOTICE OF ACTION: PULLED [-'] TABLED [--] APPROVED ~-] DISAPPROVED [-'] AMENDED [--] DATE: COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: O~-- /Z/~ ? 9. IMPACT OF NON-PASSAGE: The City of Bremerton will not use federal funding. 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The funds are used towards the purchase of police vehicles. 11. RESEARCH SOURCES: ~,~,~,~ U.S. Department of Justice Office of Justice Programs Bureau o. f Justice Assistance Office of the Director Washington, D.C. 20531 July 6, 2002 Mr. Bozeman Mayor, Bremerton City 239 4th Street Bremerton, WA 98337-1812 RE: Fiscal Year 2002 Local Law Enforcement Block Grants Program Dear Mr. Bozeman: I am pleased to inform you that I have approved the application for funding under the Bureau of Justice Assistance's (BJA) Fiscal Year 2002 Local Law Enforcement Block Grants (LLEBG) Program in the amount of $72,068 for Bremerton City. The purpose of the LLEBG Program is to reduce crime and improve public safety. This Block Grant Award may be used for any of the purpose areas described in the statute. Enclosed you will find the Grant Award and Special Conditions documents. If you have any programmatic questions regarding this award, please contact BJA's State and Local Assistance Division at (202) 514-6638. In addition, all financial questions regarding this award should be directed to the Office of the Comptroller, Customer Service Division at (800) 458-0786. I look forward to a continuing partnership with Bremerton City in furtherance of this important criminal justice program. Sincerely yours, Richard Nedelkoff Director Attachments U.S. Department of Justice Office of Justice Programs Office for Civil Rights Washington, D.C. 20531 July 6, 2002 Mr. Bozeman Mayor, Bremerton City 239 4th Street Bremerton, WA 98337-1812 Dear Grant Recipient: Congratulations on your recent award. Because you have submitted Certified Assurances that your agency is in compliance with applicable civil rights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. sec. 42.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 Seventh Street, N.W., Room 8136, Washington, D.C. 20531. Additional Instructions For Grantees Receiving $500,000 Or More: 1. In accordance with Assurance No. 15, each grantee that receives $500,000 or more (or $1,000,000 in an 18- month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the date of this letter to OCR at the above address. ~ 2. Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The enclosed Seven-Step Guide to the Design and Development of an EEOP (which includes an EEOP Short Form) will assist you in completing this requirement. Please be reminded that the above requirements apply to primary grantees and to each 3. of their subgrantees or contractors that meet the criteria outlined in this letter. Therefore, all primary grantees should apprise subgrantees of these responsiblities and those meeting the criteria should send their EEOPs or EEOP Short Forms directly to the Office for Civil Rights within 60 days of the date of their award. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving $25,000 Or More, But Under $500,000: 4. Pursuant to Department of Justice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR.) Please complete the applicable section of the attached Certification Form and return it to OCR within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. If you have akeady submitted an EEOP as part of another award from the Office of Justice Programs (OYP) or the Office of Community Oriented Policing Services (COPS) within this grant period, or if you have certified that no EEOP is required, it is not necessary for you to submit another at this time. Simply send a copy of the letter you received from OCR showing that your EEOP or certification is acceptable. Additional Instructions For Grantees Receiving Under $25,000: 5. A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No Certification is required. Instructions for All Grantees: 6. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of OJP funding; and may require ali recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements. 2 If you have any questions, please call OCR at (202) 307-0690. Additional information and technical assistance on the civil rights obligations of grantees can be found at: http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Acting Director, Office for Civil Rights cc: Grant Manager Financial Analyst The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964, 42 U.S.C. sec. 2000e.  U.S. DEPARTMENT OF JUSTICE AWARD OFFICE OF JUSTICE PROGRAMS B,S [2 NI, ovc COOPERATIVE AOREEMENT CHECK APPROPRIATE BOX 1. GRANTEE NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2002-LB-BX-1203 Bremerton City 239 4th Street Bremerton, WA 98337-1812 5. PROJECT PERIOD: FROM 10/01/2001 TO 09/30/2003 BUDGET PERIOD: FROM 10/01/2001 TO 09/30/2003 IA. GRANTEE IRS/VENDOR NO. 916001231 6. AWARD DATE 07/06/2002 7. ACTION 2. SUBGRANTEE NAME AND ADDRESS (Including Zip Code) 8. SUPPLEMENT NUMBER Initial Supplemental 2A. SUBGRANTEE IRS/VENDOR NO. 9. PREVIOUS AWARD AMOUNT ~0.00 FY 2002 Lccal Law Enforcement Block Grants ~111 ~OT~LAL ~RD 12. SPECIAL CONDITIONS (Check, if applicable) THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED 6 PAGES 13. STATUTORY AUTHORITY FOR GRANT TITLE 1 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. 42 U.S.C. 3701, ET. SEQ., AS AMENDED TITLE 2 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 42 U.S.C. 5601, ET. SEQ., AS AMENDED VICTIMS OF CRIME ACT OF 1984, 42 U.S.C. 10601, ET. SEQ., PUBLIC LAW 98-473, AS AMENDED OTHER (Specify): Fiscal Year 2002, Departments of Coimnerce, Justice, and State, lhe Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) 14. FUTURE FISCAL YEAR(S) SUPPORT: SECOND YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: THIRD YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: 15. METHOD OF PAYMENT THE GRANTEE WILL RECEIVE CASH VIA A LE'I'TER OF CREDIT ~.~ YES LX~ NO AGENCY APPROVAL ~ GRANTEE ACCEPTANCE I/ll' 16. TYPED NAME AND TITLE OF APPROVING OJP OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Richard Nedelkoff Cury Bozeman Director Mayor Bureau of Justice Assistance 17. SIGNATURE OF APPROVING OIP OFFICIAL 19. SIGNATURE OF AUTHORIZED GRANTEE I 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. L 18M 14 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS LI02U01203 X B LI 80 00 00 i I OIP FORM 41~0/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE  U.S. DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICe OF JUSnCE PROO~MS SHEET [] N, o vt Ct COOPERA VEAOREEM CHECK APPROPRIATE BOX PROIECT NUMBER: 2002-LB-BX-1203 AWARD DATE 07/06/2002 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient agrees to comply with the organizational audit requirements of OMB Circular, A-133, Audits of States, Local Governments and Non-Profit Organizations, as further described in OJP's Financial Guide, Chapter 19. 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR 42.302), that is approved by the Office of Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 4. The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds, pursuant to section 101 (g) of H.R. 728, 104th Cong. (1995). 5. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2002-LB-BX-1203 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 6. The recipient agrees to provide information required for any national evaluation conducted by the U.S. Department of Justice. 7. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, as described in the applicable purpose area of Subpart A section 101(a)(2) of H.R. 728, 104th Cong. (1995), that the recipient unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public safety service. If the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, the unit of local government will establish procedures to give members of the Armed Forces who, on or after October 1, 1990, were or are selected for involuntary separation (as described in section 1141 of Title 10, United States Code), approved for separation under section 1174a or 1175 of such title, or retired pursuant to the authority provided under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1923 note), a suitable preference in the employment of persons as additional law enforcement officers or support personnel. O~P FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE  u.s. DE~'ART~E~r OF JUSTXCE AWARD CONTINUATION O~F~CE OF JUS~CE PROOf, MS SHEET CHECK ~PROP~A~ BOX PRO,CT NUMBER: 2~2-LB-BX- 1203 AWARD DA~ 07~6/2~2 SPECIAL CONDITIONS CONTINUED 8. The recipient agrees this award document constitutes the obligation of federal funds for use by the recipient in execution of the program or project covered by the award. Such obligation may be terminated without further cause if the recipient fails to affirm its timely utilization of the award by accepting the award and special conditions within 45 calendar days from the date of award. 9. The recipient agrees to submit the Request for Drawdown via the Internet system within 90 calendar days from the date of award, or to have all funds deobligated for redistribution during the next funding cycle. 10. Local recipients agree to one 24 month obligation and expenditure period, as established at the approval of the Request for Drawdown. All funds must be expended by the end of this 24 month period with no exceptions. 11. Local recipients are required to establish a trust fund account. This fund may not be used to pay debts incurred by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the 24 month period. Grant funds (including any interest earned) not expended by the end of the 24 month period must be returned to the Bureau of Justice Assistance (BJA) by the end of the 27th month, along with the final submission of the Financial Status Report (SF-269A). 12. The recipient agrees to submit one final progress report via the Internet system at the end of the 24 month obligation and expenditure period. 13. The recipient agrees, if funds are used by the recipient or subrecipient for enhancing security, that the recipient or subrecipient - - (a) has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparagraph (B) of section 101(a)(2), on the incidence of crime in the geographic area where the enhancement is undertaken; (b) will conduct such an assessment with respect to each such enhancement; and, (c) will submit to the Bureau of Justice Assistance (BJA) an annual assessment report via the Internet system. 14. The recipient agrees to comply with 28 CFR Part 23 if federal funds are used to support Criminal Intelligence Systems. OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE  u.s. DE~^R*~E~ OF ~U$~CE AWARD CONTINUATION ' OFFICE OF JUSTICE PROGRAMS SHE ET CHECK APPROPRIA~ BOX PRO~ NUMBER: 2002-LB-BX-1203 AWARD DA~ 07~6/2~2 SPECIAL CONDITIONS CONTINUED 15. The recipient agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the recipient or by a subrecipient. Accordingly, prior to obligating grant funds, the recipient agrees to first determine if any of the following activities will be related to the use of the grant funds. The recipient understands that this special condition applies to its following new activities, whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: 1. New construction; 2. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; 3. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, 4. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. Application of This Special Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipient's existing programs or activities that will be funded with these grant funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 16. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.ojp.usdoj.gov/ec/states.htm 17. The recipient agrees to provide and expend a 10 percent cash match (calculated as 1/9 of the federal award amount) before the end of the 24 month obligation and expenditure period. The recipient is reminded that the matching funds are auditable under Special Condition 4/2 and will be binding to the recipient. OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE  U.S. DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS SHEET [] B,S [] NH OVC COOPER^ VE^OREE CHECK APPROPRIA~_. BOX PROJECT NUMBER: 2002-LB-BX-1203 AWARD DATE 07/06/2002 SPECIAL CONDITIONS CONTINUED 18. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, at least one (1) public hearing will be held regarding the proposed use(s) of the grant funds. The recipient must also provide verification to BJA, via the Internet system, of the public hearing. At the hearing, persons shall be given an opportunity to provide written and oral views to the recipient on the proposed use(s) of the grant funds. The recipient will hold the public hearing at a time and place that allows and encourages public attendance and participation. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. 19. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, a previously designated or newly established advisory board will meet to discuss the proposed use(s) of the grant funds. The recipient will designate the advisory board to make nonbinding recommendations on the use(s) of funds under the LLEBG Program. Membership on the advisory board must include a representative from the following though it may be broader: a) the local police department or sheriffs department; b) the local prosecutor's office; c) the local court system; d) the local school system; and, e) a local nonprofit, educational, religious, or community group active in crime prevention or drug use prevention or treatment. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. 20. The recipient has certified it is not in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77). Therefore, the recipient will receive not more than 90 percent of the eligible award amount (or, if less than the eligible amount was requested, of that amount). This provision makes no allowances for a unit of local government to come into compliance during the life of the grant; consequently BJA will not consider requests to adjust the reduced award amount. 21. The recipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail. The recipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs. OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE 2,3  U.S. DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS S H E ET CHECK APPROPRIATE BOX PROJECT NUMBER: 2002-LB-BX- 1203 AWARD DATE 07/06/2002 SPECIAL CONDITIONS CONTINUED 22 . Mitigation of Health, Safety, and Environmental Risks a. General Requirement: The grantee agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and the disposal of the chemicals, equipment, and wastes used in or resulting from the operations of these laboratories. b. Specific Requirements: The grantee understands and agrees that any program or initiative involving either the identification, seizure, or closure of clandestine methamphetamine laboratories, hereafter referred to as the "Program", can result in adverse health, safety, and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment; and (4) the immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and wastes from a seized laboratory's operations are placed or come to rest. Therefore, the grantee further agrees that in order to avoid or mitigate the possible adverse health, safety, and environmental impacts of its Program, it will (1) include the nine, below listed protective measures or components within its Program; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this grant agreement; and (3) implement these protective measures throughout the life of this grant agreement. In so doing, the grantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractors, or other qualified third parties. 1. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the grantee to either the seizure or the closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the Program with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; OJP FORM 400012 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE  u.s. DE,^RT~,~ OF ~UST~¢E AWARD CONTINUATION OFFICE OF JUST[CE PROGRAMS SHE ET ~ O~ ~ BJA ~ OJ~P ~ GRA~ PAGE 7 OF7 C~CK APPROPRIA~ BOX PRO~ ~: 2~2-LB-BX-1203 AW~ DA~ 07/0&2~2 SPECIAL CONDITIONS CONTINUED 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs numbered 5. and 6. immediately above in order [o ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible state environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing state and federal requirements; and 9. Include among the personnel involved in seizing clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any of the offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxici[y, and arranging for any necessary follow-up medical tests, examinations, or health care. c. Additional Requirements: As part of the Request for Drawdown process, the Grantee shall submit a brief description of its project sufficient for the Office of Justice Programs (OJP) to determine whether any additional compliance with federal environmental statutes and regulations needs to occur prior to [be issuance of LLEBG funds. Furthermore, once LLEBG funds are issued, the Grantee shall notify OJP if the project changes significantly from the description in the Request for Drawdown, or if significant new information is revealed during the course of the expenditure of LLEBG funds so that OJP can determine whether any additional environmental analyses need [o be completed. OJP FORM 400012 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 7/31/02 ORIGINATING DEPT: City Council Appointment of Pro and Con ORIGINATOR: City Council Committees For Local Voters' Pamphlet DATE SUBMITTED: 7/25/02 2. CLEARANCES: 3. EXHIBITS: ENDORSEME~ INk,MATiN.__ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR [_.~-~/--~ ~ ~ COUNCIL PRESIDENT ~~.J/~-~G~_~" ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Last Wednesday the City Council passed the resolution placing the Public Safety Bond Levy on the September 17, 2002 Primary Election. If the City desires to participate in the local voters pamphlet it must appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating rejection. No committee shall have more than three members; however a committee may seek the advice of any person or persons in preparing their statements. Statements for and against measures shall not exceed 200 words. Statements must be submitted to the county auditor by August 5th. (The names of those recommended to serve on the committees will be placed in council mailboxes early next week) 8. RECOMMENDATION: Motion to approve Voter Pamphlet Pro and Con Statement Committees. 9. RESPONSIBLE OFFICIAL: City Council ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE:N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: Date: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (cont.): SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES None. 7. RESEARCH SOURCES: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: July 31, 2002 Contract renewals between the City and KPS Healthplans ORIGINATING DEPT: Huma~R~r~ for employee medical coverage ORIGINATOR: Carol Conle~ DATE SUBMITTED: July 26, 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: · Confirmation letter from Willis of m~~c'2,~.- Seattle to KPS on behalf of the City. · Contract w/Premium rates City Atto City Treasurer: ~ -t~ . J~ ENDORSEM,~2~T [ ] IN?~) ..Ri~ATION [ ] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This action in necessary to formally renew our contracts with KPS Health Plans for 2002 to provide coverage for those employees enrolled in KPS Health Plans. The rates reflect an increase of 15.4 % over 2001 rates, and the policies were renewed "as is", with no additional benefits. The current budget includes funding to cover the cost of the rate increases. The delay in bringing this before Council was due to KPS converting our contract and benefits booklets to their standardized form. Both the new contract and benefit booklets were reviewed by staff, our benefits consultants, Willis of Seattle, and the City Attorney's office for content and correctness. We received the final revised contracts for execution and benefits booklets from KPS on July 16, 2002. 8. RECOMMENDATION: 1. Motion to approve renewal of the contracts between the City and KPS Health Plans for 2002 and authorize the Mayor to execute same. 9. RESPONSIBLE OFFICIAL: Carol Conley ~ ~ ENFORCEMENT OFFICIAL: Carol Conley EXPIRATION DATE: 12/31/2002 REVIEW DATE: 09/01/2002 10. NOTICE OF ACTION: PULLED [ ] TABLED [ ] APPROVED [ ] DISAPPROVED[] AMENDED [ ] DATE: COUNCIL DIRECTIVE: (OVER) 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Failure of the Council to approve this contract renewal would result is no medical coverage for those employees who elected KPS to provide their healthcare. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The cost of renewing these contracts is based on the premium rates as attached, times the # of employees and dependents covered in each category, less any contributions they are required to make towards the cost of coverage. Sufficient funds are available in the 2002 budget to cover the cost of these contracts. 7. RESEARCH SOURCES: Telephone: (206) 386-7400 Fax: (206) 386-7960 Website: Www.willis~com Direct Line: (206) 386-7430 E-mail: Kathy.autry(~willis.com January 17, 2002 Ms. Joyce Wilson KPS Health Plan 400 Warren Avenue Bremerton, WA 98337-0039 Re: City of Bremerton January 1, 2002 Renewal Dear Joyce: We are writing on behalf of the City of Bremerton to confirm their renewal with KPS effective January 1, 2002. The City has elected to renew all policies "as is" for the next policy year. As you know the City has a "Maintenance of Benefits" clause with the unions and has agreed that all benefits will remain unchanged effective with this renewal. The City has elected against raising the individual stop loss from $75,000 to $100,000 as proposed by KPS. This will remain at $75,000. They have also elected not to choose a refunding contract with KPS at this time. The renewal increase is 15.4%; the actual rates are attached for your review. Please send the renewal through for processing. Please prepare an updated contract for delivery to the City. We would also like to request a 120-renewal notice of next year's renewal. We also would like to continue to pursue written Performance Guarantees from KPS for the City. Joyce, please feel free to contact us if you have any questions. Sincerely, Kathy Autry Assistant Vice President Benefits Group Willis of Seattle, Inc. 505 Fifth Avenue South Suite 200 P. O. Box 34201 (Zip 98124) Seattle, WA 98104 2002 renewal confirmation letter\l 3 0 KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton, WA 98331-0039 Attachment B Premium Rates and Underwriting Criteria For City of Bremerton Premium Rates lanARates LEOFFI ~ Active, ~=RegUlar& Sous ~st~-~ 2"a Child & : : ,:, , LI=U~r ,I/~ctwe p e ! ~nlla OIA D~Pe~dents $50 Deductible/Person $100/Famity 282.42 205.08 227.33 102.67 82.63 pla"A , Retirees Under SpouSe Ii!Child 0iA, D~pe~en~ $50 Deductible/Person $100/Family 739.04 404.87 101.01 80.73 $100 Deductible/Person $300/Family N/A 177.34 198.64 90.37 70.32 : PI : :~t 2n~ Child & an BRates LEOFF IRet~rees Spouse 1 Chdd OtA D ~d~nts $100 Deductible/Person $300/Family N/A 336.27 85.48 69.11 Additional Financial Arrangements: Individual Stop Loss at $75,000 - $6.72pmpm charge Administrative Expense- $22.32pmpm Statutory Reserve Charge - $2.25pmpm 2003 Administration Increase Maximum - 5% from 2002 figure of $22.32 pmpm to $23.44pmpm for contract year 2003 Underwriting Criteria The Premium rates quoted above for this Group Plan are based on the following underwriting criteria. KPS reserves the right to withdraw or rerate this offering if Group falls outside the scope of these criteria. Active, full-time Employees must work a minimum of thirty (30) hours per week unless otherwise negotiated and agreed by both KPS and Group. :> Subject to prior KPS approval, two (2) or more health insurance carriers, including KPS, may provide coverage to Group's Employees. > Subject to prior KPS approval, Group may select multiple KPS health plan offerings. The minimum level of participation required is seventy-five percent (75%) of eligible Employees, excluding those employees that may be on an HMO plan. Unless otherwise approved by KPS, no more than twenty-five percent (25%) of Group's eligible Employees may reside outside of the KPS service area. The KPS service area is defined as Kitsap, Jefferson, Mason, Clallam, Thurston, Grays Harbor, Pierce and King counties. KPS reserves the right to rerate Group in the event actual enrollment fluctuates by ten percent (10%) or more from the census provided to KPS by Group at the time Group was initially rated. City of Bremerton Medical Rate Analysis PLAN B PLAN B PLAN B ~ ~?~,i~'. i,, PLAN B LEOFF I Active $244.75 N/A $282.42 N/A $301.81 N/A $336.60 N/A !Regular & LEOFF II Active $177.73 $153.69 $205.08 $177.34 $219.49 $189.98 $244.43 $211.37 :Spouse $197.01 $172.15 $227.33 $198.64 $243.28 $212.75 $270.95 $236.76 1st Dependent $88.98 $78.32 $102.67 $90.37 $110.19 $97.25 $122.38 $107.71 2nd & all other Dependents $71.61 $60.94 $82.63 $70.32 $88.99 $75.89 $220.86 $191.52 LEOFF I Retirees Under 65 $614.07 N/A $739.04 N/A $788.17 N/A $844.43 N/A LEOFF I Retirees Over 65 N/A N/A N/A N/A N/A N/A N/A N/A Spouse $336.56 $291.42 $404.87 $336.27 $432.67 $432.67 $462.88 $462.88 1st Dependent $84.14 $74.08 $101.01 $85.48 $108.92 $108.92 $115.71 $115.71 2nd & all other Dependents $67.29 $59.89 $80.73 $69.11 $87.34 $87.34 $208.26 $208.26 Monthly Premium $48,267.15 $53,802.37 $56,628.17 $62,081.44 $60,~47.02 $66,582.22 $68,355.02 $76,937.51 Annual Premium $579,205.80 $645,628.44 $679,538.04 $744,977.28 $726,564.24 $798,986.64 $820,260.24 $923,250.12 Combined Annual Premium $1,224,834 $1,424,515 $1,525,551 $1,743,510 Increase over Current 16. 30% 24.55% 42.35% Assumptions** PLAN A PLAN B LEOFF I Active 15 Regular & LEOFF II Active 72 129 Spouse 37 128 1st Dependent 35 98 2nd and all other Dependents 36 70 25 46 LEOFF I Retirees Under 65 29 LEOFF I Retirees Over 65 Spouse 3 1st Dependent 2nd and all other Dependents * ~In approximate number of enrolled employees was used itt calculating the overall monthly premium. ~4ctual rates will be based on final enrollment. Prepared by Willis of Seattle, Inc. KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton, WA 98331-0039 CITY OF BREMERTON - COVERAGE CONTRACT- PLAN A Group Name: City of Bremerton Group Number: 21001-21006 Effective Date: 1/1/2002 Renewal Month: January Open Enrollment December This Coverage Contract includes the following: Attachment A- Benefits Booklet Attachment B - Premium Rates and Underwriting Criteria Riders: N/A Optional Riders: Occupational Injury Coverage - LOEFF ! Employees only Endorsements: N/A KPS Health Plans, In Rehabilitation, hereinafter referred to as KPS, is a duly licensed health care services contractor (HC$C) in Washington State. In its capacity as an HCSC, KPS agrees to underwrite and provide the benefits and services described in Attachment A, Benefits Booklet, to the eligible employees, and their eligible Dependents, of the above-named Group, provided the Group, its eligible employees and their eligible Dependents, meet and comply with the provisions of this Contract. Contract Form: BREMA-22900-2002 TABLE OF CONTENTS DEFINITIONS ................................................................................................................................ 1 CONTRACT EXAMINATION PERIOD ................................................................................................. 3 EFFECTIVE DATE, DURATION AND RENEWAL .................................................................................. 3 PREMIUM PAYMENT PROVISIONS ................................................................................................... 3 Payment Due Date/Grace Period ............................................................................................................. 3 Premium Rate Adiustments ...................................................................................................................... 3 Premiums Paid by Subscribers/Dependents ............................................................................................ 4 Premium Refunds ..................................................................................................................................... 4 ELIGIBILITY AND ENROLLMENT ....................................................................................................... 4 Group Eligibility ......................................................................................................................................... 4 Subscriber/Dependent Eligibility Requirements ....................................................................................... 4 Enrollment ................................................................................................................................................. 4 Enrollment Under Special Circumstances ................................................................................................ 5 When Coverage Begins ............................................................................................................................ 5 Coverage Waiting Periods (This section does not apply to LEOFF I Employees) .................................. 6 TERMINATION Of COVERAGE ......................................................................................................... 6 Continuity of Coverage ............................................................................................................................. 6 Termination of Group Contract ................................................................................................................. 7 Re-Enrollment/Reinstatement .................................................................................................................. 7 Termination of Enrollee Coverage ............................................................................................................ 7 Continuation of Inpatient Coverage .......................................................................................................... 8 Continuation of Coverage for a Disabled Child ........................................................................................ 8 CONTINUATION OF COVERAGE ...................................................................................................... 9 Coverage During a Labor Dispute ............................................................................................................ 9 Continuation of Group Coverage .............................................................................................................. 9 COBRA (Consolidated Omnibus Budget Reconciliation Act - 1985) ....................................................... 9 Individual Conversion Coverage ............................................................................................................. 10 COORDINATION OF BENEFITS (COB) ........................................................................................... 10 General Provision ................................................................................................................................... 10 Definitions ............................................................................................................................................... 10 Claim Determination Period .................................................................................................................... 11 Effect on Benefits .................................................................................................................................... 11 Order of Benefit Determination ............................................................................................................... 11 Facility of Payment ................................................................................................................................. 12 Right of Recovery ................................................................................................................................... 12 Right to Receive and Release Information ............................................................................................. 12 Disclosure of Coordination ..................................................................................................................... 12 KPS' RIGHT OF RECOVERY ......................................................................................................... 12 Limitations and Exclusions ..................................................................................................................... 12 Third Party Liability: Reimbursement and Subrogation .......................................................................... 13 Collection and Reimbursement by Enrollee (or the Enrollee's Representative) .................................... 13 Subrogation: Assignment of Third Party Claim to KPS .......................................................................... 14 Trust and Cooperation Between the Enrollee (or the Enrollee's Representative) and KPS .................. 14 Agreement to Arbitrate ............................................................................................................................ 14 Recovery of Claims Payments ............................................................................................................... 14 SUBSCRIBER/DEPENDENT LIABILITY AND RIGHTS ......................................................................... 15 SubscribeflDependent Liability ............................................................................................................... 15 KPS Privacy Policy ................................................................................................................................. 15 COMPLAINTS AND APPEALS PROCESS ......................................................................................... 16 Complaints .............................................................................................................................................. 16 Standard Appeals Process ..................................................................................................................... 16 Expedited Appeals Process .................................................................................................................... 17 GENERAL TERMS AND CONDITIONS ............................................................................................. 17 Applicable Law ........................................................................................................................................ 17 Assignment of Benefits ........................................................................................................................... 17 35 Binding Agreement ................................................................................................................................. 17 Confidentiality ......................................................................................................................................... 17 Contract Modifications ............................................................................................................................ 18 Coverage Limits ...................................................................................................................................... 18 Entire Agreement .................................................................................................................................... 18 Equity of Application ............................................................................................................................... 18 False or Misleading Information ............................................................................................................. 18 Force Majeure ......................................................................................................................................... 18 Group Cooperation ................................................................................................................................. 18 Headings ................................................................................................................................................. 19 Limitation of KPS Liability ....................................................................................................................... 19 Notices .................................................................................................................................................... 19 Severability ............................................................................................................................................. 19 Third Party Beneficiaries ........................................................................................................................ 19 Waiver of Breach .................................................................................................................................... 19 DEFINITIONS Child means any one of the following: (i) An unmarried natural Child, adopted Child, stepchild or other legally designated ward under the Limiting Age who is primarily dependent upon the Subscriber or the Subscriber's Spouse for support; (ii) An unmarried Child under the Limiting Age who is legally entitled to receive medical coverage as a result of a court order binding either the Subscriber or the SubscribeFs Spouse, regardless of whether or not the Subscriber or Subscriber's Spouse has legal custody of the Child; (iii) An unmarried Child who has reached the Limiting Age, or is older than the Limiting Age, is incapable of self-sustaining employment due to developmental disability or physical handicap, and is primarily dependent upon the Subscriber or the Subscriber's Spouse for support and maintenance (see Continued Eligibility for a Disabled Dependent) Contract means this documents and any other attachments, exhibits, riders or endorsements listed on the title page or otherwise described herein, and any subsequent amendments or modifications to the Contract or its attachments, exhibits, riders or endorsements. Contract Renewal Month means the calendar month specified on the face page of this Group Policy during which, each year, Group may renew its coverage under this Group Plan. Covered Benefit or Service means those Medically Necessary services described in Attachment A, Benefits Booklet, which a Covered Person is entitled to receive. Eligible Dependent means the legal Spouse or Child of a LEOFF I or LEOFF II law enforcement officer. Eligible Employee means: (a) LEOFF I employees who are full-time law enforcement officers or firefighters hired prior to October 1, 1977, and who are members of the LEOFF system as defined in Sections (3) and (4), CH 131, Law of 1972, 1~ Ex. Session; or (b) LEOFF II employees who are full-time law enforcement officers or firefighters hired on or after October 1, 1977, and who are not members of the LEOFF system as defined in Sections (3) and (4), CH 131, Law of 1972, 1st Ex. Session. Enrollee means a person enrolled in this Group Plan. Group means the employer entity, association or other group that has entered into this Contract with KPS. Group Plan means this KPS Group Plan. Group Master Application means the application form completed by Group and submitted to KPS prior to securing coverage under this Group Plan. The Group Master Application identifies the size, participation and contribution eligibility requirements applicable to Group. Limiting Age for Dependents means the age shown in the Benefits Summary section of the Benefits Booklet. Non-Participating Provider/Facility means any Provider or Facility not contracted directly with KPS, or indirectly through First Choice Health Network or MultiPlan. Open Enrollment Period means the thirty-one (31) day period, or some other period agreed to by both KPS and Group, beginning one (1) month prior to Group's Renewal Month, or at some other mutually agreeable time, but at least annually. During the Open Enrollment Period, Subscribers may add or delete Eligible Dependents, and all eligible Employees and their Eligible Dependents have the opportunity to select from alternative health plans offered by Group. Premium means the periodic payment made by, or on behalf of the Enrollee, in accordance with the terms of this Group Contract. Premium Due Date means the first day of each month of coverage. Provider means a licensed or certified health care practitioner acting within the scope of his/her license or certificate. City of Bremerton Plan A - 2002 ~,~ Page 1 Renewal Month see Contract Renewal Month. Spouse means an individual who is living in a marital relationship with the Subscriber. The marital relationship must be legally recognized by the State of Washington. Subscriber means the pdmary person, generally the Employee, enrolled in this Group Plan. Page: 2 3 i~ City of Bremerton Plan A - 2002 CONTRACT EXAMINATION PERIOD GroUp may return this Contract to KPS within ten (10) days of the date it is received, if, after examination, Group is not satisfied with the Contract for any reason. Upon receipt of the returned Contract, KPS will refund to Group any pre-paid Premiums. The Contract shall subsequently be deemed null and void. EFFECTIVE DATE~ DURATION AND RENEWAL This Contract shall begin at 12:01 a.m. Pacific Time on the Effective Date (as indicated on the title page), and shall remain in effect until the Contract Renewal Month unless terminated according to the provisions set forth herein. Thereafter, this Contract may be renewed automatically at 12:01 a.m. on the same date (month and day) in subsequent calendar years unless otherwise terminated according to the provisions set forth herein. PREMIUM PAYMENT PROVISIONS Payment Due Date/Grace Period The initial Premium payment is due and payable to KPS on or before the Effective Date of this Contract. Thereafter, Premium payments are due and payable on or before the first day of every month ("Premium Due Date") for which coverage is provided. A roster of current enrollment and enrollment changes must accompany each Premium payment. A ten (10) day grace period following the Premium Due Date is allowed, during which time this Contract shall not be terminated. However, KPS may, at its sole discretion, elect to extend the grace period for up to sixty (60) days from the Premium Due Date, or cancel this Contract immediately, without notice to Group, if payment is not received by the end of the grace period. If KPS elects to immediately cancel this Contract due to non-payment of Premium, the effective date of cancellation will be retroactive to the last day of the month for which payment was received. No further liability for claims will accrue to KP$. No person enrolled in this Group Plan shall be entitled to benefits during any calendar month for which the Premium paid on his/her behalf was not received by KPS. Premium Rate Adjustments The Premium rates applicable to this Group Plan are defined in Attachment B - Premium Rates and Underwriting Criteria. Rates are guaranteed until the Contract Renewal Month each Calendar Year. Notwithstanding the foregoing, KPS reserves the right to revise the rates as follows: As part of the annual Contract renewal process; As a result of any state or federal law or regulation which imposes an additional tax, new tax or other assessment on KPS revenue; and > In the event there is a material change in the basis upon which KPS assumed risk under this Contract. Such changes may include false or misleading information presented by Group, changes in the benefits or other Contract terms required by statute or regulation, adverse claims or underwriting experience, or fluctuations of ten percent (10%) or more in the number of enrolled Subscribers and/or Dependents. KP$ will give Group sixty (60) days prior written notice of any change in Premium rates not associated with the annual renewal process. KPS will give Group thirty (30) days prior written notice of rate increases associated with the annual Contract renewal process. City of Bremerton Plan A - 2002 Page 3 Premiums Paid by Subscribers/Dependents In certain instances, Subscribers and their enrolled Dependents may be required to self-pay their Premiums in order to continue coverage. Those instances include: ~ Strikes, lockouts and other labor disputes which cause a disruption in Employee benefits; and ~ When the Subscriber and/or Dependent(s) elects to continue coverage under a COBRA provision or other coverage continuation provision available under this Group Policy. Group is required to collect self-paid Premiums and forward payments to KPS on or before the Premium Due Date. Premium Refunds KPS will refund to Group any Premium paid in advance for periods after the termination date of this Group Plan. In the case of ineligible persons enrolled in this Group Plan, KPS will refund to Group any Premium paid during a period of ineligibility which is in excess of claim payments made on behalf of the ineligible person(s) during the period of ineligibility not to exceed three (3) months of Premium payments. ELIGIBILITY AND ENROLLMENT Group Eligibility In order to be eligible to participate in this Group Plan, Group must continuously meet all eligibility, participation, Group size, contribution and other requirements specified in the Group Master Application form. KPS reserves the right to audit Group's employment, payroll and eligibility records to ensure that Group continues to meet its participation requirements, and to ensure that eligible Employees and their eligible Dependents are properly enrolled in this Group Plan. Subscriber/Dependent Eligibility Requirements Active, full-time LEOFF I and LEOFF II Employees, as defined in the Definitions section are eligible to enroll in this Group Plan. Eligible Dependents of an active, full-time LEOFF I or LEOFF II law enforcement officer, as defined in the Definitions section, are also eligible to enroll in this Group Plan. The Child of a Dependent, other than the Child of the Subscriber's Spouse, is not eligible to enroll in this Group Plan. Enrollment Premium if applicable, must all applications for payments, accompany coverage Current LEOFF I and LEOFF II Employees, including Dependents of active, full-time LEOFF I and LEOFF II law enforcement officers, are initially eligible to apply for coverage beginning on the effective date of the Group Policy. Application for coverage must be made within thirty-one (31) days of initial eligibility. New LEOFF II Employees, including Dependents of active, full-time LEOFF I and LEOFF II law enforcement officers, are initial eligible to apply for coverage on the first day of the first full month following their first day of employment. Application for coverage must be made within thirty-one (31) days of initial eligibility. A new Spouse and the Spouse's Child{ran) are initially eligible to apply for coverage as of the date of marriage. Application for coverage must be made within thirty-one (31) days of initial eligibility. Page: 4 City of Bremerton Plan A - 2002 Newborn and Adopted Children are initially eligible to apply for coverage as follows: ~> A natural newborn Child is eligible as of the date of birth and is covered automatically for a period of three weeks. In order for coverage to continue after the initial three (3) week period, the Child must qualify as a Dependent and be enrolled in this Group Plan within sixty (60) days of birth; ~> Adopted Children are eligible (i) on the date of their adoption, (ii) on the date the Employee or Spouse assumes legal obligation for total or partial support in anticipation of adoption, or (iii) on the date the Employee or Spouse acquires partial or complete legal custody. Application for coverage must be submitted within sixty (60) days of the date of placement for adoption. In the case of court-ordered coverage, a Dependent Child becomes initially eligible on the date the Subscriber or Spouse receives the order to provide medical coverage for the Child, even if neither the Subscriber nor the Spouse is the custodial parent. Application for coverage must be submitted within thirty-one (31) days of the date of the order. Employees and their Dependents who do not enroll when they are initially eligible must wait until the next Open Enrollment Pedod except in certain circumstances (see Enrollment Under Special Circumstances). Enrollment Under Special Circumstances Loss of Other Coverage Employees and their Dependents who, when they were initially eligible to enroll, declined coverage in this Group Plan, in writing, based on existing coverage under another health plan, may apply for coverage under this Group Plan if they lose eligibility for coverage under their other health plan, or if the other health plan terminates. Employees and their eligible Dependents must apply for coverage within thirty- one (31) days of losing coverage under their prior plan, or wait until the next Open Enrollment Period. A Dependent may not enroll unless the Employee also enrolls. Marriage, Birth or Adoption Employees who, when they were initially eligible to enroll, declined coverage in this Group Plan, may subsequently apply for coverage for themselves and their eligible Dependents before the next Open Enrollment Period in the event they acquire Dependents as a result of marriage, birth of a Child, adoption, or placement for adoption. Application for enrollment must be received by KPS within thirty-one (31) days following the date of marriage, or within sixty (60) days following the date of birth, adoption or placement for adoption, or wait until the next Open Enrollment Period. Court-Ordered Coverage Employees who, when they were initially eligible to enroll, declined coverage in this Group Plan, may subsequently apply for coverage for themselves and their eligible Dependents before the next Open Enrollment Period in the event they are required to provide health care coverage for a Dependent Child as a result of a court order. Application for enrollment must be received within thirty-one (31) days following the date of the court order, or wait until the next Open Enrollment Period. When Coverage Begins Coverage for new Enrollees begins on their date of initial eligibility provided they enrolled in this Group Plan within the specified time limits (see Enrollment) and any applicable Premium amounts have been paid. A newborn Child who meets eligibility requirements is covered automatically for a period of three (3) weeks from the date of birth, provided either the female Subscriber, or male Subscriber's Spouse, is eligible for maternity coverage under this Group Plan at the time of the Child's birth. Coverage will not extend beyond that time unless the Child is enrolled within sixty (60) days of the date of birth. Any applicable Premium amount must accompany the enrollment application. Coverage for an adopted child is retroactive to the date the child was legally placed for adoption, provided the Child was enrolled within sixty (60) days from the date of placement, and provided any applicable Premium amount has been paid by the Premium Due Date. City of Bremerton Plan A - 2002 Page 5 Coverage Waiting Periods (This section does not apply to LEOFF I Employees) Pre-Existing Conditions KPS imposes a three (3) month waiting period before providing coverage for a pre-existing condition. A "Pre-existing Condition" is any condition about which, during the three (3) month period immediately before enrolling in this Group Plan, an Enrollee received medical advice, or for which his/her Provider recommended or provided treatment. " :-'"-"- '= i'rl '!'__ I!l'rI IIIr -- However, this waiting period may be reduced as follows: > By the number of months the Enrollee was covered under a prior plan with similar benefits. However, the prior period of coverage may not be counted if sixty-three (63) or more days have elapsed since the date the prior coverage ended and the date the Enrollee enrolled in this Group Plan. Any time during which the Enrollee was in a probationary or affiliation period will not be taken into account in determining the sixty-three (63) day break; or > By the number of months the Enrollee was continuously covered under a prior plan at any time during the three (3) month period immediately preceding the effective date of coverage of this Group Plan, provided the prior plan had similar benefits. For purposes of this Contract, similar benefits means a health plan with an actuarial value of at least seventy-five percent (75%) of the value of the benefits provided under this Group Plan. To request a waiver of the waiting period, the Enrollee must submit a Certificate of Creditable Coverage from the prior health plan carrier with his/her enrollment application. In lieu of a Certificate of Creditable Coverage, the Enrollee must provide all of the following information: The name of the prior health plan carrier; The dates of coverage under the prior plan; Proof of coverage under the prior plan which documents the coverage period(s). There are no waiting periods for: Pregnancy; Formulas necessary for the treatment of phenylketonuria (PKU) Prescription drugs included in the Pharmacy Benefit; or A newborn Child or an adopted Child whose effective date of coverage is the date of birth or placement for adoption. Transplant Procedures KP$ provides coverage for transplant procedures only after an Enrollee has been continuously covered under this Group Plan for six (6) months. This transplant waiting period applies to the transplant procedure as well as any pre- and post-transplant care directly related to a transplant you receive while covered under this Group Plan. If the Enrollee was covered under another KPS plan immediately prior to enrolling in this Group Plan, KPS may credit to this Group Plan the portion of the transplant waiting period which was satisfied under the prior plan. TERMINATION OF COVERAGE Continuity of Coverage Continuity of coverage under this Contract is guaranteed to all eligible Enrollees provided Group continues to meet eligibility requirements and continues to pay applicable Premium payments on a timely basis. Page: 6 City of Bremerton Plan A - 2002 Termination of Group Contract This Group Policy may be terminated if any of the following occurs: Group fails to make full Premium payments; Group violates, or refuses to comply with, the terms and conditions of this Contract; Group violates or refuses to comply with any published KPS policies and procedures which have been approved by the Insurance Commissioner; ~' there is a change to, or implementation of, federal or state laws which prohibits the continued offering of this Group Plan; or KPS replaces this Group Plan. In this case, the replacement plan will (i) include the services covered under the replaced Plan; (ii) be offered to Group's eligible Employees and their Eligible Dependents; and (iii) not significantly limit access to the kind of services covered under the replaced Plan. In addition, Group may terminate this Contract, at any time, by providing forty-five (45) days written notice to KPS. If this Group Contract terminates, for any reason, coverage for all Enrollees will end automatically on the effective date of termination, or on the last day of the last month for which Group paid the Premium, whichever occurs first. KPS will refund to Group any Premium paid in advance for periods after the termination date. In the case of termination or non-renewal of this Group Policy, Group shall be responsible for providing the following information to all affected Employees and their Dependents: ~* The effective date of termination of coverage; and > The reason(s) for termination or non-renewal. Re-Enrollment/Reinstatement If this Group Policy has been cancelled by KPS due to non-payment of Premium, Group automatically forfeits all rights to guaranteed renewal of coverage afforded under the Health Insurance Portability and Accountability Act (HIPAA) of 1996. Any decision to reinstate or reenroll Group is at the sole discretion of KPS. If Group voluntarily cancels this Group Policy prior to the Open Enrollment Period, KPS may, at its sole discretion, impose up to a twelve (12) month waiting period before Group is eligible to reapply for coverage. Termination of Enrollee Coverage Coverage for an individual Enrollee under this Group Plan will end if any one of the following events occurs: Non-payment of any Premium amount, when Premium payment is the responsibility of the Enrollee; Non-payment of any Deductible or Copayment amounts owed to KPS by the Enrollee; The Enrollee loses eligibility for coverage under this Group Plan; The Enrollee commits a fraudulent act with regard to KPS and this Group Plan; The Enrollee behaves in a manner that is threatening, disruptive or abusive toward a KPS employee or a Provider; The Enrollee refuses to comply with the terms and conditions of this Group Plan as described in this Group Policy and the Benefits Booklet; The Enrollee voluntarily disenrolls from this Group Plan; Thero is a change in either state or federal laws which no longer permits KPS from offering this Group Plan; or > This Group Policy is terminated. City of Bremerton Plan A - 2002 Page 7 Additionally, Dependent coverage ends if: The Subscriber is no longer employed or no longer meets eligibility requirements; The Subscriber dies; The Subscriber and Spouse divorce; or The Child reaches the Limiting Age or marries. Coverage ends on the last day of the month in which the Enrollee was eligible for coverage, provided all applicable Premium amounts have been paid. In the case of non-payment of Premium, coverage ends on the last day of the month for which KPS received a Premium payment. Upon termination of coverage either KPS or Group shall issue a Certificate of Creditable Coverage certifying the period(s) during which the Enrollee was enrolled in this Group Plan. An Enrollee who loses coverage under this Group Plan may be eligible to continue coverage or enroll in an individual conversion plan (see Continuation of Coverage). A Subscriber who voluntarily disenrolls from this Group Plan while still an Employee will not be eligible to re-enroll in the Group Plan until the first day of the month after one full year from the date of disenrollment. See Enrollment Under Special Circumstances for exceptions to this policy. Continuation of Inpatient Coverage An Enrollee who is receiving care as an inpatient in an Accredited General Hospital or other approved facility on the date that coverage would otherwise end, is eligible to continue receiving benefits under this Group Plan provided the following conditions are met: > KPS pre-authorized the inpatient care (see Prior Authorization of Inpatient Care); and :~ All applicable Premium amounts continue to be paid. KPS will continue to provide benefits until one of the following events occurs: The Enrollee cease to be an inpatient; Three (3) consecutive months have elapsed since the date on which coverage would otherwise have ended; The Enrollee has exhausted the inpatient benefits offered under this Group Plan (annual renewal of benefits does not apply under this provision); The KPS Medical Director determines that inpatient care is no longer Medically Necessary; The Enrollee enrolls in another KPS plan or in any other health plan which provides inpatient hospital benefits; or ~, Non-payment of Premium amounts The Enrollee is not eligible for the extended coverage described herein if, when this Group Policy ends: ~ The Enrollee is covered under any other group or individual medical plan with similar inpatient benefits; or :~ The Enrollee is eligible for continuation of coverage under COBRA or any other continuation provision. Continuation of Coverage for a Disabled Child A Dependent Child who has reached the Limiting Age remains eligible for coverage under this Group Plan provided both of the following conditions are met: > The Child is primarily dependent upon the Subscriber or the Subscriber's Spouse for support; and > The Child is incapable of self-sustaining employment due to developmental disability or physical handicap. Proof of the Child's dependence must be submitted to KPS within thirty-one (31) days of the date the Child reaches the Limiting Age. Thereafter, KPS may require resubmission of proof of the Child's continuing dependence. Generally this proof is requested annually after the two-year period following the Child's attainment of the Limiting Age. Page: 8 City of Bremerton Plan A - 2002 A disabled Child will continue to be eligible for coverage until any one of the following events occurs: Failure to submit proof of the Child's continuing dependence as a result of disability or physical handicap; KPS determines that the Child is no longer developmentally disabled or physically handicapped (based on the evidence submitted); The Subscriber is no longer covered under this Group Plan; Non-payment of Premium; or KPS terminates the Group Policy. Coverage for a disabled Child ends on the last day of the month in which the disabled Child is eligible for coverage, provided any applicable Premium amounts have been paid. In the case of non-payment of Premium, coverage ends on the last day of the month for which KPS received a Premium payment. A Dependent who is no longer eligible for coverage as a disabled Child may be eligible for coverage under COBRA or a KPS conversion plan (see Continuation of Coverage). CONTINUATION OF COVERAGE Coverage During a Labor Dispute In the event of a strike, lockout or other labor dispute which causes a disruption of health care compensation benefits or wages, Subscribers and their enrolled Dependents may elect to continue coverage under this Group Plan, for a period not to exceed six (6) months, by self-paying their Premiums. During this period of continued coverage, benefits and Premium may not be altered from that of the existing Group Plan. The Subscriber is required to pay any applicable Premium directly to Group. Group is required to remit Premium to KPS in accordance with the Premium Due Date and grace periods defined in this Contract. Failure, on the part of the Subscriber, to make Premium payments will result in termination of coverage as of the last day of the month for which Premium was paid. Coverage terminated for non-payment of Premium will not be reinstated. This provision does not apply to Subscribers and their enrolled Dependent(s) who are eligible to continue coverage under COBRA or any other continuation of coverage provision. Continuation of Group Coverage Subscribers and their enrolled Dependents who lose eligibility for coverage under this Group Plan may elect to extend their coverage for a period not to exceed three (3) month except (i) in the case of a strike, lockout or other labor dispute, or (ii) when employment was terminated for gross misconduct. Application for coverage must be made within thirty-one (31) days of the date coverage under the Group Plan terminated. During this period of continued coverage, benefits and Premium may not be altered from that of the existing Group Plan. The Subscriber is required to pay any applicable Premium directly to Group. Group is required to remit Premium to KPS in accordance with the Premium Due Date and grace periods defined in this Contract. Failure, on the part of the Subscriber, to make Premium payments will result in termination of coverage as of the last day of the month for which Premium was paid. Coverage terminated for non-payment of Premium will not be reinstated. COBRA (Consolidated Omnibus Budget Reconciliation Act - 1985) Employers who are required by law to comply with the provisions of the 1985 COBRA act must notify all eligible Employees, and their eligible Dependents, who lose eligibility for coverage under this Group Plan of their right to continue coverage under this provision. Eligible individuals are required to apply for continued coverage within sixty (60) days of the date coverage under this Group Plan ends. Group is required to notify KPS of each individual's election of COBRA continuation coverage within sixty (60) days of that election. Failure on the part of the eligible individual to make a timely election, or failure on the part of Group to provide KPS with timely notification City of Bremerton Plan A - 2002 Page 9 of the election, will be interpreted by KPS as a waiver of the individual's right to continue coverage under this provision. Failure by Group to provide timely notification to KPS may not, in all cases, eliminate Group's obligation to provide continuation coverage. It will, however, eliminate any obligation on the part of KPS to provide continuation coverage under this Contract. Individual Conversion Coverage Employees who are under age sixty-five (65) may be entitled to transfer to a KPS Individual Conversion Plan if: They are not otherwise eligible for coverage under Medicare; They are currently eligible for continuation of Group coverage but have elected not to enroll in the Group Plan; ~ Coverage under this Group Plan or a COBRA continuation plan has terminated (for any reason except non-payment of Premium, when it is the individual's responsibility to pay the Premium); or ~' If this Group Policy terminates and Group does not provide other health care coverage to its Employees. Application for coverage must be made within thirty-one (31) days of the date coverage under this Group Plan, or other KPS continuation or COBRA plan ends. Applicable Premium payments for the first month of coverage must be submitted with the enrollment application Dependents are separately eligible to apply for coverage under this option in the event they cease to be eligible for coverage under the Group Plan due to the death of the Subscriber, or if the Subscriber and Spouse divorce. When an Enrollee enrolls in a conversion plan, he/she loses certain protections guaranteed under the Health Insurance Portability and Accountability Act (HIPAA) of 1996. Most notably, if the Enrollee wants to transfer to a non-conversion individual plan, he/she could be denied coverage based on a previous or existing health condition. If the Enrollee does qualify for coverage under a non-conversion individual plan, his/her coverage will be subject to any waiting periods for pre-existing conditions. For more information, please contact KPS Member Services. Employees who are age sixty-five (65) or older when coverage under the Group Plan terminates may be eligible for coverage under a Medicare Supplement Plan. To determine Employee eligibility for a Medicare Supplement Plan, please contact KPS Member Services. COORDINATION OF BENEFITS (COB) General Provision Benefits are provided under this KPS Group Plan only to the extent that Subscribers and their enrolled Dependent(s) could not have received benefits for the same service(s) under any other Plan, had a claim for benefits been made. The purpose of this COB provision is to ensure that the sum of claim benefits paid by KP$ and all other Plans under which Subscribers and their Dependent(s) are covered does not exceed 100% of the Allowable Expense. All of the benefits provided under this KPS Group Plan are subject to this COB provision. Definitions "Allowable Expense" means the usual, customary or reasonable charge for any necessary health care service or supply when the service or supply is a covered benefit, at least in part, under any of the Plans involved. When a Plan provides benefits in the form of services rather than cash payments, the reasonable cash value of each service provided shall be considered an Allowable Expense. The difference between the cost of a private Hospital room and the cost of a semi-private Hospital room is not considered an Allowable Expense under the above definition unless your stay in a private Hospital room is considered to be Medically Necessary under at least one of the Plans involved. Page: 10 City of Bremerton Plan A - 2002 "Plan" means a policy or contract which provides benefits or services for, or because of, medical or dental care, through one of the following: This KPS Group Plan; Any group, individual or blanket disability insurance policy; Any group or individual contractual prepayment or indemnity plan such as those issued by health care service contractors, health maintenance organizations or other health carriers or health insurers; Any labor-management trusteed plan or labor organization plan; Any employer organization plan or employee benefit organization plan; Any governmental program; Any insurance coverage required or provided by statute, including automobile policies which provide medical benefits; or > Any other similar source. The term "Plan" does not include accident-only coverage, including athletic injuries, for school-age children from kindergarten through twelfth grade (K through 12), or for college students, either on a 24- hour basis or on a "to and from school" basis. Each of the Plans under which you and/or your Dependents are covered, and each benefit payable under those Plans, is considered separately when benefits are coordinated under this provision. Claim Determination Period The claim determination period means a Calendar Year. Effect on Benefits If, during a claim determination period, your Allowed Expenses incurred under this KPS Greup Plan are more than the sum of the benefits that would be payable under this KPS Group Plan in the absence of this COB provision plus the benefits that would be payable under all other Plans in the absence therein of similar COB provisions, then the benefits payable under this KPS Group Plan will be reduced so that the sum of such reduced benefits plus all the benefits payable for corresponding Allowable Expenses under all other Plans, does not exceed the total of such Allowable Expenses. Order of Benefit Determination When more than one Plan contains a COB provision, the decision as to which Plan is the primary Plan is made in the following order: The Plan which covers the person as a Subscriber rather than as a Dependent is primary; When a Dependent Child is covered under more than one Plan, the Plan of the parent whose date of birth (month and day only) occurs earlier in a Calendar Year is primary, except when the Child's parents are legally divorced or separated. >, When the parents of a covered Dependent Child are divorced or separated and there is no court decree which establishes financial responsibility for the medical or dental expenses of the Dependent Child, then benefits for the Child's Covered Expenses are determined as follows: · the Plan of the parent with custody is primary, provided the parent with custody has not remarried; · if the parent with custody has remarried, the order for determining the primary Plan is: (i) the Plan of parent with custody; (ii) the Plan of the step-parent; (iii) the Plan of the parent without custody. Notwithstanding the above, if the court has determined which parent is financially responsible for the health care of the Dependent Child, then the Plan of that parent is always the primary Plan. City of Bremerton Plan A - 2002 Page 11 When the above rules do not establish an order of determination, then the Plan which has covered the person for the longer period shall be primary, except that: ~. The benefits of the Plan which covers the person, on whose expenses the claim is based, as a laid-off or retired Subscriber, or a Dependent of such a Subscriber, shall be determined after the benefits of the Plan which covers that person as a Subscriber (other than as a laid-off or retired Subscriber), or the Dependent of such a Subscriber; and ~. If either of the Plans does not have a provision regarding laid-off or retired Subscribers, which results in each Plan determining its benefits after the other, then the above provision shall not apply. If none of the above rules applies, the Plan that has covered the person for the longest period of time shall be considered the primary Plan. Facility of Payment Whenever another Plan makes payments which should have been provided under this KPS Group Plan and in accordance with this COB provision, KPS may, at its sole discretion, choose to reimburse the Plan making such other payments, the amount necessary to satisfy the intent of this COB provision. ,&ny amount paid under this subsection shall be considered as benefits paid under this KPS Group Plan, and KPS shall be fully discharged from liability to the extent of such payments. Right of Recovery Whenever KPS makes payments that are in excess of the maximum amount of payment necessary to satisfy this COB provision, KPS shall have the right to recover the excess payment amount from the Enrollee, from the Provider, or from another Plan, as applicable. Right to Receive and Release Information As a condition of receiving benefits under this KPS Group Plan, Subscribers and their enrolled Dependent(s) agree to provide KPS with any necessary information, and authorize KPS to release to or obtain from any other insurer, organization or person, any information necessary to administer this COB provision. Disclosure of Coordination Failure on the part of Subscribers and their enrolled Dependents to cooperate with KPS regarding this COB provision could result in the loss of benefits under this Group Plan. KPS recommends that Subscribers and their enrolled Dependent(s) submit claims to KPS, and each other plan, at the same time to help minimize delays and facilitate claims payment. KPS' RIGHT OF RECOVERY Limitations and Exclusions Coverage under this plan is excluded for expenses incurred or services rendered if your illness or injury is caused (or alleged by you to be caused) by another party, to the extent that benefits are available under the terms of any other insurance coverage or source of payment, including but not limited to: Vehicle medical, personal injury protection ("PIP"), no-fault, uninsured or underinsured motorist, workers' compensation insurance or benefits and third party liability insurance, or similar contract of insurance; )' Homeowner's, property or any other insurance policy (except for individual or group health insurance); or )~ An agreement, judgment or settlement pursuant to which a third party pays or agrees to pay for the costs of such services from assets other than a policy of insurance. Page: 12 City of Bremerton Plan A - 2002 This exclusion applies whenever any such contract of insurance, agreement, judgment or settlement is issued to or provides benefits for you, whether or not you assert a claim against the responsible third party or its insurers. Third Party Liability: Reimbursement and Subrogation In consideration for KPS' agreement to advance medical expenses involving a claim against a third party or its insurers, you agree to make a claim against the responsible party and its insurers for any and all amounts advanced by KPS. By providing benefits under this provision, KPS is fulfilling its obligations under this Group Contract. However, by so doing, KPS does not waive any rights to reimbursement or subrogation. Provided, the benefits of this plan will be advanced to you if you are injured by a third party, before compensation is recovered from the third party or its insurers, only under the following conditions: You, and your representative(s), must fully cooperate with KPS in recovering payment of medical bills paid, and to be paid by KPS, from the parties who allegedly caused the injury or illness, including but not limited to their liability insurance carriers, any applicable PIP, uninsured or underinsured motorist policy, homeowners policy, workers compensation or any other reachable assets of the responsible party or parties; You notify KPS, in writing, of the details of the injury or illness, the names and addresses of the parties believed to be responsible and the names and addresses of the responsible party's insurers, if known; Any claim or lawsuit filed by you against the third party or the third party's insurer(s) must include a demand for repayment of benefits paid by, or to be paid, by KPS on your behalf; or ~ You must agree to assign to KPS your right to recover compensation for medical costs paid (subrogation), or to be paid, by KPS as a result of injuries caused by the third party responsible for the injury. ~ You must agree to reimburse KPS for the cost of medical care provided by KPS as a result of the injury, from the settlement, judgment, insurance proceeds or other recovery obtained by you from any third party or its insurers. Collection and Reimbursement by Enrollee (or the Enrollee's Representative) If you elect to demand payment for KPS' medical costs from the responsible third party, you must: Notify KPS in advance of any settlement, mediation, arbitration or trial; Inform the responsible third party and its insurer(s) of the amount of the lien asserted by KPS, for the recovery of benefits paid on your behalf, against any recovery or potential recovery obtained by you; Obtain prior consent from KPS before compromising or settling claims involving medical costs paid by KPS; ~ Not enter into any agreement with the responsible third party or its insurer(s), or do anything else that would release KPS' lien or prejudice our subrogation or reimbursement rights, without first obtaining express prior written consent from KPS; ~ Reimburse KP$ for that portion of the settlement, award or judgment that is compensation for medical bills paid and to be paid by us. If you obtain a settlement or recovery for less than the insurance policy limits or reachable assets of the liable party, you are obligated to reimburse KPS for the full amount of benefits paid on your behalf after you have been fully compensated for your loss. If, however, you obtain a settlement or recovery that is equal to or greater than the liable party's insurance policy limits or reachable assets, you are only obligated to reimburse KPS in the amount that is left after you have been fully compensated for your loss. You, or your representative(s), must obtain a written agreement from KPS prior to settling any claim if you want KPS to share, on an equitable basis, any reasonable attorney fees incurred by you in pursuit of any subrogation or reimbursement claim. In the absence of a prior written agreement, KPS, at its sole discretion, will determine whether or not to reduce our reimbursement amount in order to share, on an equitable basis, any reasonable attorney fees incurred by you. However, such a reduction will only be considered if KPS has benefited from the services of your attorney. In no event will KPS' reimbursement be reduced by more than twenty percent (20%) to offset attorney fees incurred by you, and KPS will not pay for costs incurred by you. Page 13 City of Bremerton Plan A - 2002 _, ? Subrogation: Assignment of Third Party Claim to KPS If you elect to assign your rights to KPS to pursue a claim seeking recovery from a responsible third party or its insurer(s), you and your representative(s) must cooperate fully with KPS in pursuing the claim against the responsible parties. Such cooperation includes, among other things: Providing evidence and testimony consistent with the testimony in the case against the responsible parties; ~ Refusing to assist the responsible parties, in any way, in defending against a claim brought by KPS; and ~> Cooperating with KPS by not taking any action that might release, limit, reduce, or otherwise prejudice our efforts to pursue a claim against any responsible third party. Trust and Cooperation Between the Enrollee (or the Enrollee's Representative) and KPS. You and your representative(s) must deal in good faith with KPS by adhering to all of the conditions set forth in this Section. In turn, KPS agrees to cooperate with you and your representative(s) in your effort to recover reimbursement, and will advance payments on your behalf for injuries or medical conditions caused, or asserted by you to be caused, by any third party. You and your representative(s) must cooperate fully with KPS in protecting, preserving, and recovering the amounts KPS has paid or will pay on your behalf under this Group Plan. Failure to cooperate may result in the denial of coverage for injuries or conditions caused, or asserted by you to be caused by any third party, to the extent that coverage or payment for such injuries or illnesses is, or would have been, available under the terms of any other insurance coverage or source of payment. Agreement to Arbitrate Any dispute which arises between you and KPS as a result of the preceding recovery provisions shall be settled through arbitration. Both you and KPS shall be bound by the decisions of the arbitration proceedings. Disputes will be presented to, and resolved by, a single arbitrator, in accordance with the current rules of the American Arbitration Association. Either you or KPS may demand arbitration by serving notice of this demand on the other. Each party to the arbitration agrees to bear its own costs and to share equally in the fees of the arbitrator. This agreement to resolve disputes through arbitration is in effect as of the effective date of the Group Policy, and shall remain in effect until the dispute between us has been resolved. Recovery of Claims Payments Ineligible Persons If KPS knowingly or unknowingly makes any payment on behalf of an individual who for any reason was not eligible to receive the services and benefits provided herein, KPS is entitled to full reimbursement from such ineligible individual or from a Subscriber who applied for the ineligible benefits on behalf of such individual. If KPS knowingly or unknowingly receives Premium payment on behalf of an individual who for any reason was not eligible to receive the services and benefits provided herein, KPS reserves the right to refund any Premium payment(s) in excess of claims paid for the time the individual was ineligible, and shall have the right to recover the cost of any benefit furnished while such individual was improperly enrolled in this Group Plan. Incorrect Claim Payment KPS is entitled to full reimbursement from the payee for any incorrect claim payment. The term "incorrect claim payment" includes but is not limited to the following: > Payment to the wrong Provider; > Payment of an incorrect amount; ), Payment for a service that is not a Covered Benefit or Service; > Duplicate payment for the same service; > Payment on behalf of the wrong Enrollee. Page: 14 City of Bremerton Plan A - 2002 SUBSCRIBER/DEPENDENT LIABILITY AND RIGHTS Subscriber/Dependent Liability Subscribers and their Eligible Dependents who are enrolled in this Group Plan are liable for the following costs: Deductible Copayments Charges for non-covered services Coinsurance, up to the Coinsurance Stoploss limit defined in the Benefits Booklet Charges incurred after an annual or lifetime maximum benefit for a specific service or supply has been exhausted (such as the annual maximum benefit for durable medical equipment) Y Charges in excess of the amount paid by KPS to non-participating Providers If KPS fails to reimburse a Participating Provider for the cost of Medically Necessary Covered Services provided in accordance with the terms of this Contract, neither the Enrollee nor Group shall be required to compensate the Participating Provider for such services beyond the limit of Deductibles, Copayments or Coinsurance amounts specified in the Benefits Booklet. KPS will continue to reimburse a Participating Provider for Medically Necessary Covered Services rendered to an Enrollee after the Participating Provider's contract with KPS has ended, for such time as the Enrollee remains covered under this Group Contract, until (i) the Enrollee's course of treatment has been completed, or (ii) the care of the Enrollee has been appropriately transferred to another Participating Provider. The KPS Medical Director is responsible for determinations regarding the completion of a course of treatment and the transfer of patient care. KPS Privacy Policy Privacy Policy The State of Washington enacted RCW 48.43.505 which implements the federal Gramm-Leach-Bliley Act (P.L.102-106), sections 501(b) and 505(b)(2), and expands the requirements to cover the protection of health information privacy. This law requires health insurance carriers in Washington State to provide its Enrollees with information regarding privacy policies and procedures. The following is our privacy notice to our Enrollees. Non-Public Personal Information means information about our Enrollees that KPS collects in conjunction with providing health care products or services to our Enrollees. Non-public Personal Information does not include information that is available from public sources such as telephone directories or government records. KPS collects the following types of Non-public Personal Information about our Enrollees: Information provided by Enrollees on coverage application forms and any other forms completed as a result of enrollment in a KPS Health Plan; ), Information we receive from health care Providers or other companies, such as other health insurance companies, related to medical claims and billing; and > General information about the health care services received by Enrollees, such as the quality and availability of services. KPS does not disclose Non-public Personal Information about our Enrollees or former Enrollees to anyone, except as permitted or required by law. KPS restricts access to Non-public Personal Information about our Enrollees to only those employees who need to know that information in order to provide products and services to our Enrollees. KPS maintains physical, electronic and procedural safeguards that comply with federal regulations to guard all Non-public Personal Information. City of Bremerton Plan A - 2002 Page 15 KPS' Right to Receive and Release Medical Information As a condition of receiving the benefits and services provided under this Contract, Subscribers and their enrolled Dependents, including their heirs, executors, administrators and assigns, authorize the Provider, Hospital, other health care insurers, organizations or persons to: (i) Release to KPS any medical information necessary for the administration of this Contract; (ii) Allow the KPS Medical Director to examine, or have examined, any medical, hospital or other facility records pertaining to the Enrollee; and (iii) Present medical, hospital or other facility records pertaining to the Enrollee in any civil action in which KPS is a party, expressly waiving any objections to such presentation. COMPLAINTS AND APPEALS PROCESS Complaints All Enrollees have the right to contact KPS whenever they have a question, complaint or concern regarding benefits, access to care or how to arrange for care, any KPS Participating Provider, the service they receive from KPS, or any other issue related to this Group Plan or KPS. In the event an Enrollee has a complaint, KPS Member Services Representatives are available Monday through Friday, from 8:00 a.m. until 5:00 p.m. Pacific Time, except on nationally recognized holidays. If the complaint cannot be resolved by a Member Services Representative, Enrollees may choose to file a complaint, or request an appeal, if they are not satisfied with the Member Services response. The following steps outline the procedure for filing a complaint: EITHER A KPS Member Services will The service provided by KPS Send a written statement of work with the Enrollee and try the complaint to: to resolve the complaint over Eligibility KPS Health Plans the phone. Otherwise, KPS will Coverage or Benefits Attn: Complaint Resolution send a written response within Claims Payment PO Box 339 30 days of receiving the Bremerton, WA 98337 complaint. Access to Care Quality of Care OR Complaints about Participating Providers are investigated KPS Participating Providers Call KPS Member Services at thoroughly and are reviewed 360-478-6796 periodically. or toll free at 1-800-552-7114 Standard Appeals Process Enrollees have the right to appeal any decision regarding a complaint or any aspect of their health care coverage which is not in their favor. Such decisions could affect: The service received from KPS; Access to health care services or Providers; Eligibility for coverage; Benefit coverage; Termination of coverage under this Group Plan (except termination for non-payment of Premium); ~. Non-payment of a claim, either completely or partially; Page: 16 City of Bremerton Plan A - 2002 >. A denial or modification of a request for pre-authorization of any health care service or supply; or > A denial of a request for coverage of an experimental or investigational service or supply. To file an appeal, the Enrollee, his/her designated representative, or his/her Provider may either call or write KPS at the phone number or address listed above. Any documentation supporting the Enrollee's position may be included with the appeal. KPS will notify the Enrollee in writing that the request has been received. Included with that notice is additional information regarding the Appeals Process and the Enrollee's rights and responsibilities during an appeal. An Enrollee has the right to send his/her appeal directly to an Independent Review Organization (IRO) if KPS does not respond to him/her within the allotted time period, as follows: Decisions Regarding: Days to Respond: Service-Related Appeals 30 Days Denials of Experimental and/or Investigational Procedures 20 Days or Supplies All other Adverse Determinations 14 Days Expedited Appeals Process If the Enrollee's health care Provider, or the KPS Medical Director, reasonably determines that the Enrollee's life, health, or ability to regain maximum function would be jeopardized by following the Standard Appeals Process, KPS will bypass its internal appeals process and forward the appeal directly to an Independent Review Organization (IRO) within 72 hours after it is received. If KPS expedites the appeal, the Enrollee will receive notice of this action. GENERAL TERMS AND CONDITIONS Applicable Law This Contract shall be governed by, and construed in accordance with, the laws of the State of Washington. Venue for this Contract shall be Kitsap County. Assignment of Benefits The benefits of this Contract shall accrue to Subscribers and their enrolled Dependents. Neither this Contract, nor its payments or Covered Benefits and Services are assignable to a third party. KPS reserves the right to make benefit payments to the Subscriber, the Provider, or jointly, as KPS deems necessary and appropriate, subject to federal and/or state laws. Binding Agreement This Contract is binding on KPS and Group, and their respective executors, administrators, successors and assigns. By election of coverage or payment of applicable Premiums, or if Group's Subscribers or their enrolled Dependents seek the services provided under this Contract, all of the terms, covenants and conditions contained herein shall become valid and binding on Group and its Subscribers and enrolled Dependents, notwithstanding the failure of Group to sign this Contract. This Contract shall not bind KPS until (i) it has been executed by a person authorized by KPS, and (ii) an executed copy has been delivered to Group. Confidentiality The underwriting and financial terms of this Contract are confidential and shall not be disclosed except as is necessary for the performance of this Contract, or as required by law. City of Bremerton Plan A - 2002 Page 17 Contract Modifications Except as set forth under Premium Rate Adjustments, KP$ reserves the right to modify the provisions of this Contract, or the services described in the Benefits Booklet, upon forty-five (45) days written notice to Group. Group may elect to reject such modifications by providing KPS with fifteen (15) days written notice. However, rejection of a modification will result in the termination of this Contract as of the last day of the month for which Premium payment has been received. Lack of notification of rejection by Group shall be interpreted as acceptance of the modification and this Contract will be renewed as modified. No modification of this terms of this Contract shall be binding upon KPS unless endorsed, in writing, and signed by an authorized officer of KPS. Such endorsement shall be deemed a part of this Contract, effective as of the effective date of the endorsement. Any amendment or Contract modification required by law or regulation shall become effective as of the effective date required by such law or regulation. Coverage Limits The Covered Benefits and Services offered under this Contract are subject to the coverage limits and maximums set forth in the attached Benefits Booklet. Entire Agreement This Contract, together with Attachment A: Benefits Booklet; Attachment B: Premium Rates and Underwriting Criteria; and any riders and/or endorsements attached hereto, constitute the entire agreement. This Contract supersedes all previous communications, representations or agreements, either verbal or written between KPS and Group, with respect to the subject matter herein. Equity of Application This Contract is intended to apply equally to all Enrollees. False or Misleading Information If Group provides statements or other information on the Group Master Application form, or any other form required by KPS, that affects the acceptability of Group for coverage, or the risk assumed by KPS for providing coverage, KPS may, at its sole discretion, elect to immediately terminate this Group Contract and recover any claims and/or administrative costs from Group, Enrollee, or any other person(s) responsible for providing the false or misleading information. Force Majeure In the event KPS is unable to perform its obligations hereunder by reason of fire, casualty, lockout, strike, labor condition, riot, war, act of God or by ordinance, law, order or decree of any legally constituted authority, then this Contract may, at the option of KPS, be suspended. During any period of suspension, KPS shall not be required to perform any service hereunder, nor shall KPS be liable for any damages arising from any event which precipitated the suspension. If this Contract is suspended pursuant to this provision, any obligation by Group and/or an Enrollee to make Premium payments shall also be suspended for the same period of time. Group Cooperation Group agrees to cooperate with KPS in the administration of this Contract by: (i) Advising Subscribers and their enrolled Dependents of policies and procedures applicable to this Group Plan; (ii) Providing Subscribers and their enrolled Dependents with a Benefits Booklet, ID cards and any applicable notices or other information regarding this Group Plan; (iii) Providing information about Enrollees which is relevant to the determination of eligibility, claim reimbursement, coordination of benefits or other information required for the administration of this Contract; and Page: 18 City of Bremerton Plan A - 2002 (iv) Making appropriate payroll deductions, if applicable, to facilitate Premium payment. Headings The headings of sections and paragraphs in this Contract are for convenience and reference purposes only and do not affect in any way the meaning or interpretation of any provision of this Contract. Limitation of KPS Liability Nothing contained within or omitted from this Contract shall be construed as a promise by KPS to..perform any service hereunder. In no case shall KPS be liable for any negligence or other wrongful act or omission of any Provider, Hospital or other facility, or their employees, or any other person. Nothing in this provision shall be construed as relieving KPS from liability for failure to make any payments required to be made under the terms of this Contact. Nothing in this Contract shall be construed to require KPS to provide coverage for services rendered to any person after the termination of coverage for such person, or after the termination of this Contract. Notices Any notice which may affect the provisions of this Contract shall be deemed delivered to Group when deposited in the United States mail with prepaid postage, addressed to Group at the most recent address listed for Group. Any notice which may affect the provisions of this Contract shall be deemed delivered to KPS when deposited in the United States mail with prepaid postage, addressed to KPS at the following address: P.O. Box 339, Bremerton, WA 98337-0039. Any requirement of KPS to provide notice to Enrollees shall be fulfilled when Group has received such notice. It is the responsibility of Group to disseminate notices to Enrollees within thirty-one (31) days of receipt. Severability If any term, provision, endorsement or condition of this Contract is deemed invalid or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from this Contract. However, the remainder of this Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated as a result of such decision. Third Party Beneficiaries There are not third party beneficiaries to this Contract. Waiver of Breach Waiver of a breach of any provision of this Contract shall not be deemed to be a waiver of any other breach of the same or different provision. City of Bremerton Plan A - 2002 Page 19 KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton, WA 98331-0039 CITY OF BREMERTON - COVERAGE CONTRACT- PLAN B Group Name: City of Bremerton Group Number: 21010, 21014 Effective Date: 1/1/2002 Renewal Month: January Open Enrollment December This Coverage Contract includes the following: Attachment A- Benefits Booklet Attachment B - Premium Rates and Underwriting Criteria Riders: N/A Optional Riders: N/A Endorsements: N/A KPS Health Plans, In Rehabilitation, hereinafter referred to as KPS, is a duly licensed health care services contractor (HCSC) in Washington State. In its capacity as an HCSC, KPS agrees to underwrite and provide the benefits and services described in Attachment A, Benefits Booklet, to the eligible employees, and their eligible Dependents, of the above-named Group, provided the Group, its eligible employees and their eligible Dependents, meet and comply with the provisions of this Contract. Contract Form: BREMB-22900-2002 TABLE Of CONTENTS DEFINITIONS ................................................................................................................................ CONTRACT EXAMINATION PERIOD ................................................................................................. 3 EFFECTIVE DATE, DURATION AND RENEWAL .................................................................................. 3 PREMIUM PAYMENT PROVISIONS ................................................................................................... 3 Payment Due Date/Grace Period ............................................................................................................. 3 Premium Rate Adjustments ...................................................................................................................... 3 Premiums Paid by Subscribers/Dependents ............................................................................................ 4 Premium Refunds ..................................................................................................................................... 4 ELIGIBILITY AND ENROLLMENT ....................................................................................................... 4 Group Eligibility ......................................................................................................................................... 4 Subscriber/Dependent Eligibility Requirements ....................................................................................... 4 Enrollment ................................................................................................................................................. 4 Enrollment Under Special Circumstances ................................................................................................ 5 When Coverage Begins ............................................................................................................................ 5 Coverage Waiting Periods ........................................................................................................................ 6 TERMINATION OF COVERAGE ......................................................................................................... 6 Continuity of Coverage ............................................................................................................................. 6 Termination of Group Contract ................................................................................................................. 7 Re-Enrollment/Reinstatement .................................................................................................................. 7 Termination of Enrollee Coverage ............................................................................................................ 7 Continuation of Inpatient Coverage .......................................................................................................... 8 Continuation of Coverage for a Disabled Child ........................................................................................ 8 CONTINUATION OF COVERAGE ...................................................................................................... 9 Coverage During a Labor Dispute ............................................................................................................ 9 Continuation of Group Coverage .............................................................................................................. 9 COBRA (Consolidated Omnibus Budget Reconciliation Act - 1985) ....................................................... 9 Individual Conversion Coverage ............................................................................................................. 10 COORDINATION OF BENEFITS (COB) ........................................................................................... 10 General Provision ................................................................................................................................... 10 Definitions ............................................................................................................................................... 10 Claim Determination Period .................................................................................................................... 11 Effect on Benefits .................................................................................................................................... 11 Order of Benefit Determination ............................................................................................................... 11 Facility of Payment ................................................................................................................................. 12 Right of Recovery ................................................................................................................................... 12 Right to Receive and Release Information ............................................................................................. 12 Disclosure of Coordination ..................................................................................................................... 12 KPS' RIGHT OF RECOVERY ......................................................................................................... 12 Limitations and Exclusions ..................................................................................................................... 12 Third Party Liability: Reimbursement and Subrogation .......................................................................... 13 Collection and Reimbursement by Enrollee (or the Enrollee's Representative) .................................... 13 Subrogation: Assignment of Third Party Claim to KPS .......................................................................... 14 Trust and Cooperation Between the Enrollee (or the Enrollee's Representative) and KPS .................. 14 Agreement to Arbitrate ............................................................................................................................ 14 Recovery of Claims Payments ............................................................................................................... 14 SUBSCRIBER/DEPENDENT LIABILITY AND RIGHTS ......................................................................... 15 Subscriber/Dependent Liability ............................................................................................................... 15 KPS Privacy Policy ................................................................................................................................. 15 COMPLAINTS AND APPEALS PROCESS ......................................................................................... 16 Complaints .............................................................................................................................................. 16 Standard Appeals Process ..................................................................................................................... 16 Expedited Appeals Process .................................................................................................................... 17 GENERAL TERMS AND CONDITIONS ............................................................................................. 17 Applicable Law ........................................................................................................................................ 17 Assignment of Benefits ........................................................................................................................... 17 Binding Agreement ................................................................................................................................. 17 Confidentiality ......................................................................................................................................... 17 Contract Modifications ............................................................................................................................ 17 Coverage Limits ...................................................................................................................................... 18 Entire Agreement .................................................................................................................................... 18 Equity of Application ............................................................................................................................... 18 False or Misleading Information ............................................................................................................. 18 Force Majeure ......................................................................................................................................... 18 Group Cooperation ................................................................................................................................. 18 Headings ................................................................................................................................................. 18 Limitation of KPS Liability ....................................................................................................................... 19 Notices .................................................................................................................................................... 19 Severability ............................................................................................................................................. 19 Third Party Beneficiaries ........................................................................................................................ 19 Waiver of Breach .................................................................................................................................... 19 DEFINITIONS Child means any one of the following: (i) An unmarried natural Child, adopted Child, stepchild or other legally designated ward under the Limiting Age who is primarily dependent upon the Subscriber or the Subscriber's Spouse for support; (ii) An unmarried Child under the Limiting Age who is legally entitled to receive medical coverage as a result of a court order binding either the Subscriber or the Subscriber's Spouse, regardless of whether or not the Subscriber or Subscriber's Spouse has legal custody of the Child; (iii) An unmarried Child who has reached the Limiting Age, or is older than the Limiting Age, is incapable of self-sustaining employment due to developmental disability or physical handicap, and is primarily dependent upon the Subscriber or the Subscriber's Spouse for support and maintenance (see Continued Eligibility for a Disabled Dependent) Contract means this documents and any other attachments, exhibits, riders or endorsements listed on the title page or otherwise described herein, and any subsequent amendments or modifications to the Contract or its attachments, exhibits, riders or endorsements. Contract Renewal Month means the calendar month specified on the face page of this Group Policy during which, each year, Group may renew its coverage under this Group Plan. Covered Benefit or Service means those Medically Necessary services described in Attachment A, Benefits Booklet, which a Covered Person is entitled to receive. Eligible Dependent means the legal Spouse or Child of an Eligible Employee, or the legal Spouse or Child of an active, full-time LEOFF I or LEOFF II firefighter. Eligible Employee means an active, full-time Employee who is not a LEOFF I or LEOFF II Employee: Enrollee means a person enrolled in this Group Plan. Group means the employer entity, association or other group that has entered into this Contract with KPS. Group Plan means this KPS Group Plan. Group Master Application means the application form completed by Group and submitted to KPS prior to securing coverage under this Group Plan. The Group Master Application identifies the size, participation and contribution eligibility requirements applicable to Group. LEOFF I Employee means an active, full-time law enforcement officer or firefighter hired prior to October 1, 1977, and who is a member of the LEOFF system as defined in Sections (3) and (4), CH 131, Law of 1972, 1st Ex. Session. LEOFF II Employee means an active, full-time law enforcement officer or firefighter hired on or after October 1, 1977, and who is not a member of the LEOFF system as defined in Sections (3) and (4), CH 131, Law of 1972, 1st Ex. Session. Limiting Age for Dependents means the age shown in the Benefits Summary section of the Benefits Booklet. Non-Participating Provider/Facility means any Provider or Facility not contracted directly with KPS, or indirectly through First Choice Health Network or MultiPlan. Open Enrollment Period means the thirty-one (31) day period, or some other period agreed to by both KPS and Group, beginning one (1) month prior to Group's Renewal Month, or at some other mutually agreeable time, but at least annually. During the Open Enrollment Period, Subscribers may add or delete Eligible Dependents, and all eligible Employees and their Eligible Dependents have the opportunity to select from alternative health plans offered by Group. Premium means the periodic payment made by, or on behalf of the Enrollee, in accordance with the terms of this Group Contract. Premium Due Date means the first day of each month of coverage. City of Bremerton Plan B 2002 ~-~ Page I Provider means a licensed or certified health care practitioner acting within the scope of his/her license or certificate. Renewal Month see Contract' Renewal Month. Spouse means an individual who is living in a marital relationship with the Subscriber. The marital relationship must be legally recognized by the State of Washington. Subscriber means the primary person, generally the Employee, enrolled in this Group Plan. Page: 2 (3 0 City of Bremerton Plan B 2002 CONTRACT EXAMINATION PERIOD Group may return this Contract to KPS within ten (10) days of the date it is received, if, after examination, Group is not satisfied with the Contract for any reason. Upon receipt of the returned Contract, KPS will refund to Group any pre-paid Premiums. The Contract shall subsequently be deemed null and void. EFFECTIVE DATE~ DURATION AND RENEWAL This Contract shall begin at 12:01 a.m. Pacific Time on the Effective Date (as indicated on the title page), and shall remain in effect until the Contract Renewal Month unless terminated according to the provisions set forth herein. Thereafter, this Contract may be renewed automatically at 12:01 a.m. on the same date (month and day) in subsequent calendar years unless otherwise terminated according to the provisions set forth herein. PREMIUM PAYMENT PROVISIONS Payment Due Date/Grace Period The initial Premium payment is due and payable to KPS on or before the Effective Date of this Contract. Thereafter, Premium payments are due and payable on or before the first day of every month ("Premium Due Date") for which coverage is provided. A roster of current enrollment and enrollment changes must accompany each Premium payment. A ten (10) day grace period following the Premium Due Date is allowed, dudng which time this Contract shall not be terminated. However, KPS may, at its sole discretion, elect to extend the grace period for up to sixty (60) days from the Premium Due Date, or cancel this Contract immediately, without notice to Group, if payment is not received by the end of the grace period. If KPS elects to immediately cancel this Contract due to non-payment of Premium, the effective date of cancellation will be retroactive to the last day of the month for which payment was received. No further liability for claims will accrue to KPS. No person enrolled in this Group Plan shall be entitled to benefits during any calendar month for which the Premium paid on his/her behalf was not received by KPS. Premium Rate Adjustments The Premium rates applicable to this Group Plan are defined in Attachment B - Premium Rates and Underwriting Criteria. Rates are guaranteed until the Contract Renewal Month each Calendar Year. Notwithstanding the foregoing, KPS reserves the right to revise the rates as follows: As part of the annual Contract renewal process; As a result of any state or federal law or regulation which imposes an additional tax, new tax or other assessment on KPS revenue; and ~ In the event there is a material change in the basis upon which KPS assumed risk under this Contract. Such changes may include false or misleading information presented by Group, changes in the benefits or other Contract terms required by statute or regulation, adverse claims or underwriting experience, or fluctuations of ten percent (10%) or more in the number of enrolled Subscribers and/or Dependents. KPS will give Group sixty (60) days prior written notice of any change in Premium rates not associated with the annual renewal process. KPS will give Group thirty (30) days prior written notice of rate increases associated with the annual Contract renewal process. City of Bremerton Plan B 2002 (~ ( Page 3 Premiums Paid by Subscribers/Dependents In certain instances, Subscribers and their enrolled Dependents may be required to self-pay their Premiums in order to continue coverage. Those instances include: ), Strikes, lockouts and other labor disputes which cause a disruption in Employee benefits; and ), When the Subscriber and/or Dependent(s) elects to continue coverage under a COBRA provision or other coverage continuation provision available under this Group Policy. Group is required to collect self-paid Premiums and forward payments to KPS on or before the Premium Due Date. Premium Refunds KPS will refund to Group any Premium paid in advance for periods after the termination date of this Group Plan. In the case of ineligible persons enrolled in this Group Plan, KPS will refund to Group any Premium paid during a period of ineligibility which is in excess of claim payments made on behalf of the ineligible person(s) during the period of ineligibility not to exceed three (3) months of Premium payments. ELIGIBILITY AND ENROLLMENT Group Eligibility In order to be eligible to participate in this Group Plan, Group must continuously meet all eligibility, participation, Group size, contribution and other requirements specified in the Group Master Application form. KPS reserves the right to audit Group's employment, payroll and eligibility records to ensure that Group continues to meet its participation requirements, and to ensure that eligible Employees and their eligible Dependents are properly enrolled in this Group Plan. Subscriber/Dependent Eligibility Requirements Active, full-time Employees, as defined in the Definitions section, and their Eligible Dependents, are eligible to enroll in this Group Plan. Eligible Dependents of active, full-time LEOFF I or LEOFF II firefighters, as defined in the Definitions section, are also eligible to enroll in this Group Plan. The Child of a Dependent, other than the Child of the Subscriber's Spouse, is not eligible to enroll in this Group Plan. Enrollment Premium payments, if applicable, must accompany all applications for coverage Current Employees and their Dependents, including Dependents of active, full-time LEOFF I and LEOFF II firefighters, are initially eligible to apply for coverage beginning on the effective date of the Group Policy. Application for coverage must be made within thirty-one (31) days of initial eligibility. New Employees and their Dependents, including Dependents of active, full-time LEOFF I and LEOFF II firefighters, are initially eligible to apply for coverage on the first day of the first full month following their first day of employment. Application for coverage must be made within thirty-one (31) days of initial eligibility. A new Spouse and the Spouse's Child(ten) are initially eligible to apply for coverage as of the date of marriage. Application for coverage must be made within thirty-one (31) days of initial eligibility. Page: 4 ~, ~ City of Bremerton Plan B 2002 Newborn and Adopted Children are initially eligible to apply for coverage as follows: ;> A natural newborn Child is eligible as of the date of birth and is covered automatically for a period of three weeks. In order for coverage to continue after the initial three (3) week period, the Child must qualify as a Dependent and be enrolled in this Group Plan within sixty (60) days of birth; > Adopted Children are eligible (i) on the date of their adoption, (ii) on the date the Employee or Spouse assumes legal obligation for total or partial support in anticipation of adoption, or (iii) on the date the Employee or Spouse acquires partial or complete legal custody. Application for coverage must be submitted within sixty (60) days of the date of placement for adoption. In the case of court-ordered coverage, a Dependent Child becomes initially eligible on the date the Subscriber or Spouse receives the order to provide medical coverage for the Child, even if neither the Subscriber nor the Spouse is the custodial parent. Application for coverage must be submitted within thirty-one (31) day~ of the date of the order. Employees and their Dependents who do not enroll when they are initially eligible must wait until the next Open Enrollment Period except in certain circumstances (see Enrollment Under Special Circumstances). Enrollment Under Special Circumstances Loss of Other Coverage Employees and their Dependents who, when they were initially eligible to enroll, declined coverage in this Group Plan, in writing, based on existing coverage under another health plan, may apply for coverage under this Group Plan if they lose eligibility for coverage under their other health plan, or if the other health plan terminates. Employees and their eligible Dependents must apply for coverage within thirty- one (31) days of losing coverage under their prior plan, or wait until the next Open Enrollment Period. A Dependent may not enroll unless the Employee also enrolls. Marriage, Birth or Adoption Employees who, when they were initially eligible to enroll, declined coverage in this Group Plan, may subsequently apply for coverage for themselves and their eligible Dependents before the next Open Enrollment Period in the event they acquire Dependents as a result of marriage, birth of a Child, adoption, or placement for adoption. Application for enrollment must be received by KPS within thirty-one (31) days following the date of marriage, or within sixty (60) days following the date of birth, adoption or placement for adoption, or wait until the next Open Enrollment Period. Court-Ordered Coverage Employees who, when they were initially eligible to enroll, declined coverage in this Group Plan, may subsequently apply for coverage for themselves and their eligible Dependents before the next Open Enrollment Period in the event they are required to provide health care coverage for a Dependent Child as a result of a court order. Application for enrollment must be received within thirty-one (31) days following the date of the court order, or wait until the next Open Enrollment Period. When Coverage Begins Coverage for new Enrollees begins on their date of initial eligibility provided they enrolled in this Group Plan within the specified time limits (see Enrollment) and any applicable Premium amounts have been paid. A newborn Child who meets eligibility requirements is covered automatically for a period of three (3) weeks from the date of birth, provided either the female Subscriber, or male Subscriber's Spouse, is eligible for maternity coverage under this Group Plan at the time of the Child's birth. Coverage will not extend beyond that time unless the Child is enrolled within sixty (60) days of the date of birth. Any applicable Premium amount must accompany the enrollment application. Coverage for an adopted child is retroactive to the date the child was legally placed for adoption, provided the Child was enrolled within sixty (60) days from the date of placement, and provided any applicable Premium amount has been paid by the Premium Due Date. City of Bremerton Plan B 2002 ~o3 Page 5 Coverage Waiting Periods Pre-Existing Conditions KPS imposes a three (3) month waiting period before providing coverage for a pre-existing condition. A "Pre-existing Condition" is any condition about which, during the three (3) month period immediately before enrolling in this Group Plan, an Enrollee received medical advice, or for which his/her Provider recommended or provided treatment. Genetic information shall not be treated as a pre-existing condition unless there has been a diagnosis of the condition related to the specific genetic information. However, this waiting period may be reduced as follows: ~' By the number of months the Enrollee was covered under a prior plan with similar benefits. However, the pdor period of coverage may not be counted if sixty-three (63) or more days have elapsed since the date the prior coverage ended and the date the Enrollee enrolled in this Group Plan. Any time during which the Enrollee was in a probationary or affiliation period will not be taken into account in determining the sixty-three (63) day break; or ~. By the number of months the Enrollee was continuously covered under a prior plan at any time during the three (3) month period immediately preceding the effective date of coverage of this Group Plan, provided the prior plan had similar benefits. For purposes of this Contract, similar benefits means a health plan with an actuarial value of at least seventy-five percent (75%) of the value of the benefits provided under this Group Plan. To request a waiver of the waiting period, the Enrollee must submit a Certificate of Creditable Coverage from the prior health plan carder with his/her enrollment application. In lieu of a Certificate of Creditable Coverage, the Enrollee must provide all of the following information: The name of the prior health plan carrier;, The dates of coverage under the prior plan; Proof of coverage under the prior plan which documents the coverage period(s). There are no waiting periods for: Pregnancy; Formulas necessary for the treatment of phenylketonuria (PKU) Prescription drugs included in the Pharmacy Benefit; or A newborn Child or an adopted Child whose effective date of coverage is the date of birth or placement for adoption. Transplant Procedures KPS provides coverage for transplant procedures only after an Enrollee has been continuously covered under this Group Plan for six (6) months. This transplant waiting period applies to the transplant procedure as well as any pre- and post-transplant care directly related to a transplant you receive while covered under this Group Plan. If the Enrollee was covered under another KPS plan immediately prior to enrolling in this Group Plan, KPS may credit to this Group Plan the portion of the transplant waiting period which was satisfied under the prior plan. TERMINATION OF COVERAGE Continuity of Coverage Continuity of coverage under this Contract is guaranteed to all eligible Enrollees provided Group continues to meet eligibility requirements and continues to pay applicable Premium payments on a timely basis. Page: 6 ~ ¢ City of Bremerton Plan B 2002 Termination of Group Contract This Group Policy may be terminated if any of the following occurs: Group fails to make full Premium payments; Group violates, or refuses to comply with, the terms and conditions of this Contract; Group violates or refuses to comply with any published KPS policies and procedures which have been approved by the Insurance Commissioner; > there is a change to, or implementation of, federal or state laws which prohibits the continued offering of this Group Plan; or > KPS replaces this Group Plan. In this case, the replacement plan will (i) include the services covered under the replaced Plan; (ii) be offered to Group's eligible Employees and their Eligible Dependents; and (iii) not significantly limit access to the kind of services covered under the replaced Plan. In addition, Group may terminate this Contract, at any time, by providing forty-five (45) days written notice to KPS. If this Group Contract terminates, for any reason, coverage for all Enrollees will end automatically on the effective date of termination, or on the last day of the last month for which Group paid the Premium, whichever occurs first. KPS will refund to Group any Premium paid in advance for periods after the termination date. In the case of termination or non-renewal of this Group Policy, Group shall be responsible for providing the following information to all affected Employees and their Dependents: > The effective date of termination of coverage; and > The reason(s) for termination or non-renewal. Re-Enrollment/Reinstatement If this Group Policy has been cancelled by KPS due to non-payment of Premium, Group automatically forfeits all rights to guaranteed renewal of coverage afforded under the Health Insurance Portability and Accountability Act (HIPAA) of 1996. ,&ny decision to reinstate or reenroll Group is at the sole discretion of KPS. If Group voluntarily cancels this Group Policy prior to the Open Enrollment Period, KPS may, at its sole discretion, impose up to a twelve (12) month waiting period before Group is eligible to reapply for coverage. Termination of Enrollee Coverage Coverage for an individual Enrollee under this Group Plan will end if any one of the following events occurs: Non-payment of any Premium amount, when Premium payment is the responsibility of the Enrollee; Non-payment of any Deductible or Copayment amounts owed to KPS by the Enrollee; The Enrollee loses eligibility for coverage under this Group Plan; The Enrollee commits a fraudulent act with regard to KPS and this Group Plan; The Enrollee behaves in a manner that is threatening, disruptive or abusive toward a KPS employee or a Provider; The Enrollee refuses to comply with the terms and conditions of this Group Plan as described in this Group Policy and the Benefits Booklet; The Enrollee voluntarily disenrolls from this Group Plan; There is a change in either state or federal laws which no longer permits KPS from offering this Group Plan; or ~. This Group Policy is terminated. City of Bremerton Plan B 2002 (0 ~ Page 7 Additionally, Dependent coverage ends if: The Subscriber is no longer employed or no longer meets eligibility requirements; The Subscriber dies; The Subscriber and Spouse divorce; or The Child reaches the Limiting Age or marries. Coverage ends on the last day of the month in which the Enrollee was eligible for coverage, provided all applicable Premium amounts have been paid. In the case of non-payment of Premium, coverage ends on the last day of the month for which KPS received a Premium payment. Upon termination of coverage either KPS or Group shall issue a Certificate of Creditable Coverage certifying the period(s) during which the Enrollee was enrolled in this Group Plan. An Enrollee who loses coverage under this Group Plan may be eligible to continue coverage or enroll in an individual conversion plan (see Continuation of Coverage). A Subscriber who voluntarily disenrolls from this Group Plan while still an Employee will not be eligible to re-enroll in the Group Plan until the first day of the month after one full year from the date of disenrollment. See Enrollment Under Special Circumstances for exceptions to this policy. Continuation of Inpatient Coverage An Enrollee who is receiving care as an inpatient in an Accredited General Hospital or other approved facility on the date that coverage would otherwise end, is eligible to continue receiving benefits under this Group Plan provided the following conditions are met: >' KPS pre-authorized the inpatient care (see Prior Authorization of Inpatient Care); and >' All applicable Premium amounts continue to be paid. KPS will continue to provide benefits until one of the following events occurs: The Enrollee cease to be an inpatient; Three (3) consecutive months have elapsed since the date on which coverage would otherwise have ended; The Enrollee has exhausted the inpatient benefits offered under this Group Plan (annual renewal of benefits does not apply under this provision); The KPS Medical Director determines that inpatient care is no longer Medically Necessary; The Enrollee enrolls in another KPS plan or in any other health plan which provides inpatient hospital benefits; or ~' Non-payment of Premium amounts The Enrollee is not eligible for the extended coverage described herein if, when this Group Policy ends: ~ The Enrollee is covered under any other group or individual medical plan with similar inpatient benefits; or ~ The Enrollee is eligible for continuation of coverage under COBRA or any other continuation provision. Continuation of Coverage for a Disabled Child A Dependent Child who has reached the Limiting Age remains eligible for coverage under this Group Plan provided both of the following conditions are met: >, The Child is primarily dependent upon the Subscriber or the Subscriber's Spouse for support; and >, The Child is incapable of self-sustaining employment due to developmental disability or physical handicap. Proof of the Child's dependence must be submitted to KPS within thirty-one (3'1) days of the date the Child reaches the Limiting Age. Thereafter, KPS may require resubmission of proof of the Child's continuing dependence. Generally this proof is requested annually after the two-year period following the Child's attainment of the Limiting Age. Page: 8 ~o City of Bremerton Plan B 2002 A disabled Child will continue to be eligible for coverage until any one of the following events occurs: Failure to submit proof of the Child's continuing dependence as a result of disability or physical handicap; KPS determines that the Child is no longer developmentally disabled or physically handicapped (based on the evidence submitted); The Subscriber is no longer covered under this Group Plan; Non-payment of Premium; or KPS terminates the Group Policy. Coverage for a disabled Child ends on the last day of the month in which the disabled Child is eligible for coverage, provided any applicable Premium amounts have been paid. In the case of non-payment of Premium, coverage ends on the last day of the month for which KPS received a Premium payment. A Dependent who is no longer eligible for coverage as a disabled Child may be eligible for coverage under COBRA or a KPS conversion plan (see Continuation of Coverage). CONTINUATION OF COVERAGE Coverage During a Labor Dispute In the event of a strike, lockout or other labor dispute which causes a disruption of health care compensation benefits or wages, Subscribers and their enrolled Dependents may elect to continue coverage under this Group Plan, for a period not to exceed six (6) months, by self-paying their Premiums. During this period of continued coverage, benefits and Premium may not be altered from that of the existing Group Plan. The Subscriber is required to pay any applicable Premium directly to Group. Group is required to remit Premium to KPS in accordance with the Premium Due Date and grace periods defined in this Contract. Failure, on the part of the Subscriber, to make Premium payments will result in termination of coverage as of the last day of the month for which Premium was paid. Coverage terminated for non-payment of Premium will not be reinstated. This provision does not apply to Subscribers and their enrolled Dependent(s) who are eligible to continue coverage under COBRA or any other continuation of coverage provision. Continuation of Group Coverage Subscribers and their enrolled Dependents who lose eligibility for coverage under this Group Plan may elect to extend their coverage for a period not to exceed three (3) month except (i) in the case of a strike, lockout or other labor dispute, or (ii) when employment was terminated for gross misconduct. Application for coverage must be made within thirty-one (31) days of the date coverage under the Group Plan terminated. During this period of continued coverage, benefits and Premium may not be altered from that of the existing Group Plan. The Subscriber is required to pay any applicable Premium directly to Group. Group is required to remit Premium to KPS in accordance with the Premium Due Date and grace periods defined in this Contract. Failure, on the part of the Subscriber, to make Premium payments will result in termination of coverage as of the last day of the month for which Premium was paid. Coverage terminated for non-payment of Premium will not be reinstated. COBRA (Consolidated Omnibus Budget Reconciliation Act - 1985) Employers who are required by law to comply with the provisions of the 1985 COBRA act must notify all eligible Employees, and their eligible Dependents, who lose eligibility for coverage under this Group Plan of their right to continue coverage under this provision. Eligible individuals are required to apply for continued coverage within sixty (60) days of the date coverage under this Group Plan ends. Group is required to notify KPS of each individual's election of COBRA continuation coverage within sixty (60) days of that election. Failure on the part of the eligible individual to make a timely election, or failure on the part of Group to provide KPS with timely notification of the election, will be interpreted by KPS as a waiver of the individual's right to continue coverage under City of Bremerton Plan B 2002 ~'7 Page 9 this provision. Failure by Group to provide timely notification to KPS may not, in all cases, eliminate Group's obligation to provide continuation coverage. It will, however, eliminate any obligation on the part of KPS to provide continuation coverage under this Contract. Individual Conversion Coverage Employees who are under age sixty-five (65) may be entitled to transfer to a KPS Individual Conversion Plan if: They are not otherwise eligible for coverage under Medicare; They are currently eligible for continuation of Group coverage but have elected not to enroll in the Group Plan; > Coverage under this Group Plan or a COBRA continuation plan has terminated (for any reason except non-payment of Premium, when it is the individual's responsibility to pay the Premium); or > If this Group Policy terminates and Group does not provide other health care coverage to its Employees. Application for coverage must be made within thirty-one (31) days of the date coverage under this Group Plan, or other KPS continuation or COBRA plan ends. Applicable Premium payments for the first month of coverage must be submitted with the enrollment application Dependents are separately eligible to apply for coverage under this option in the event they cease to be eligible for coverage under the Group Plan due to the death of the Subscriber, or if the Subscriber and Spouse divorce. When an Enrollee enrolls in a conversion plan, he/she loses certain protections guaranteed under the Health Insurance Portability and Accountability Act (HIPAA) of 1996. Most notably, if the Enrollee wants to transfer to a non-conversion individual plan, he/she could be denied coverage based on a previous or existing health condition. If the Enrollee does qualify for coverage under a non-conversion individual plan, his/her coverage will be subject to any waiting periods for pre-existing conditions. For more information, please contact KPS Member Services. Employees who are age sixty-five (65) or older when coverage under the Group Plan terminates may be eligible for coverage under a Medicare Supplement Plan. To determine Employee eligibility for a Medicare Supplement Plan, please contact KPS Member Services. COORDINATION OF BENEFITS (COB) General Provision Benefits are provided under this KPS Group Plan only to the extent that Subscribers and their enrolled Dependent(s) could not have received benefits for the same service(s) under any other Plan, had a claim for benefits been made. The purpose of this COB provision is to ensure that the sum of claim benefits paid by KPS and all other Plans under which Subscribers and their Dependent(s) are covered does not exceed 100% of the Allowable Expense. All of the benefits provided under this KPS Group Plan are subject to this COB provision. Definitions "Allowable Expense" means the usual, customary or reasonable charge for any necessary health care service or supply when the service or supply is a covered benefit, at least in part, under any of the Plans involved. When a Plan provides benefits in the form of services rather than cash payments, the reasonable cash value of each service provided shall be considered an Allowable Expense. The difference between the cost of a private Hospital room and the cost of a semi-private Hospital room is not considered an Allowable Expense under the above definition unless your stay in a private Hospital room is considered to be Medically Necessary under at least one of the Plans involved. Page: 10 (o9 City of Bremerton Plan B 2002 "Plan" means a policy or contract which provides benefits or services for, or because of, medical or dental care, through one of the following: This KPS Group Plan; Any group, individual or blanket disability insurance policy; Any group or individual contractual prepayment or indemnity plan such as those issued by health care service contractors, health maintenance organizations or other health carriers or health insurers; Any labor-management trusteed plan or labor organization plan; Any employer organization plan or employee benefit organization plan; Any governmental program; Any insurance coverage required or provided by statute, including automobile policies which provide medical benefits; or > Any other similar source. The term "Plan" does not include accident-only coverage, including athletic injuries, for school-age children from kindergarten through twelfth grade (K through 12), or for college students, either on a 24- hour basis or on a "to and from school" basis. Each of the Plans under which you and/or your Dependents are covered, and each benefit payable under those Plans, is considered separately when benefits are coordinated under this provision. Claim Determination Period The claim determination period means a Calendar Year. Effect on Benefits If, during a claim determination period, your Allowed Expenses incurred under this KP$ Group Plan are more than the sum of the benefits that would be payable under this KPS Group Plan in the absence of this COB provision plus the benefits that would be payable under all other Plans in the absence therein of similar COB provisions, then the benefits payable under this KPS Group Plan will be reduced so that the sum of such reduced benefits plus all the benefits payable for corresponding Allowable Expenses under all other Plans, does not exceed the total of such AIIowable Expenses. Order of Benefit Determination When more than one Plan contains a COB provision, the decision as to which Plan is the primary Plan is made in the following order: The Plan which covers the person as a Subscriber rather than as a Dependent is primary; When a Dependent Child is covered under more than one Plan, the Plan of the parent whose date of birth (month and day only) occurs earlier in a Calendar Year is primary, except when the Child's parents are legally divorced or separated. ~ When the parents of a covered Dependent Child are divorced or separated and there is no court decree which establishes financial responsibility for the medical or dental expenses of the Dependent Child, then benefits for the Child's Covered Expenses are determined as follows: · the Plan of the parent with custody is primary, provided the parent with custody has not remarried; · if the parent with custody has remarried, the order for determining the primary Plan is: (i) the Plan of parent with custody; (ii) the Plan of the step-parent; (iii) the Plan of the parent without custody. Notwithstanding the above, if the court has determined which parent is financially responsible for the health care of the Dependent Child, then the Plan of that parent is always the primary Plan. City of Bremerton Plan B 2002 Page 11 When the above rules do not establish an order of determination, then the Plan which has covered the person for the longer period shall be primary, except that: > The benefits of the Plan which covers the person, on whose expenses the claim is based, as a laid-off or retired Subscriber, or a Dependent of such a Subscriber, shall be determined after the benefits of the Plan which covers that person as a Subscriber (other than as a laid-off or retired Subscriber), or the Dependent of such a Subscriber; and >. If either of the Plans does not have a provision regarding laid-off or retired Subscribers, which results in each Plan determining its benefits after the other, then the above provision shall not apply. If none of the above rules applies, the Plan that has covered the person for the longest period of time shall be considered the pdmary Plan. Facility of Payment Whenever another Plan makes payments which should have been provided under this KPS Group Plan and in accordance with this COB provision, KPS may, at its sole discretion, choose to reimburse the Plan making such other payments, the amount necessary to satisfy the intent of this COB provision. Any amount paid under this subsection shall be considered as benefits paid under this KPS Group Plan, and KPS shall be fully discharged from liability to the extent of such payments. Right of Recovery Whenever KPS makes payments that are in excess of the maximum amount of payment necessary to satisfy this COB provision, KPS shall have the right to recover the excess payment amount from the Enrollee, from the Provider, or from another Plan, as applicable. Right to Receive and Release Information As a condition of receiving benefits under this KP$ Group Plan, Subscribers and their enrolled Dependent(s) agree to provide KPS with any necessary information, and authorize KPS to release to or obtain from any other insurer, organization or person, any information necessary to administer this COB provision. Disclosure of Coordination Failure on the part of Subscribers and their enrolled Dependents to cooperate with KPS regarding this COB provision could result in the loss of benefits under this Group Plan. KPS recommends that Subscribers and their enrolled Dependent(s) submit claims to KPS, and each other plan, at the same time to help minimize delays and facilitate claims payment. KPS' RIGHT OF RECOVERY Limitations and Exclusions Coverage under this plan is excluded for expenses incurred or services rendered if your illness or injury is caused (or alleged by you to be caused) by another party, to the extent that benefits are available under the terms of any other insurance coverage or source of payment, including but not limited to: Vehicle medical, personal injury protection ("PIP"), no-fault, uninsured or underinsured motorist, workers' compensation insurance or benefits and third party liability insurance, or similar contract of insurance; ~. Homeowner's, property or any other insurance policy (except for individual or group health insurance); or ~ An agreement, judgment or settlement pursuant to which a third party pays or agrees to pay for the costs of such services from assets other than a policy of insurance. Page: 12 City of Bremerton Plan B 2002 This exclusion applies whenever any such contract of insurance, agreement, judgment or settlement is issued to or provides benefits for you, whether or not you assert a claim against the responsible third party or its insurers. Third Party Liability: Reimbursement and Subrogation In consideration for KP$' agreement to advance medical expenses involving a claim against a third party or its insurers, you agree to make a claim against the responsible party and its insurers for any and all amounts advanced by KPS. By providing benefits under this provision, KPS is fulfilling its obligations under this Group Contract. However, by so doing, KP$ does not waive any rights to reimbursement or subrogation. Provided, the benefits of this plan will be advanced to you if you are injured by a third party, before compensation is recovered from the third party or its insurers, only under the following conditions: You, and your representative(s), must fully cooperate with KPS in recovering payment of medical bills paid, and to be paid by KPS, from the parties who allegedly caused the injury or illness, including but not limited to their liability insurance carriers, any applicable PIP, uninsured or underinsured motorist policy, homeowners policy, workers compensation or any other reachable assets of the responsible party or parties; You notify KPS, in writing, of the details of the injury or illness, the names and addresses of the parties believed to be responsible and the names and addresses of the responsible party's insurers, if known; Any claim or lawsuit filed by you against the third party or the third party's insurer(s) must include a demand for repayment of benefits paid by, or to be paid, by KP$ on your behalf; or ), You must agree to assign to KPS your right to recover compensation for medical costs paid (subrogation), or to be paid, by KPS as a result of injuries caused by the third party responsible for the injury. :> You must agree to reimburse KPS for the cost of medical care provided by KPS as a result of the injury, from the settlement, judgment, insurance proceeds or other recovery obtained by you from any third party or its insurers. Collection and Reimbursement by Enrollee (or the Enrollee's Representative) If you elect to demand payment for KP$' medical costs from the responsible third party, you must: Notify KPS in advance of any settlement, mediation, arbitration or trial; Inform the responsible third party and its insurer(s) of the amount of the lien asserted by KPS, for the recovery of benefits paid on your behalf, against any recovery or potential recovery obtained by you; Obtain prior consent from KPS before compromising or settling claims involving medical costs paid by KPS; >, Not enter into any agreement with the responsible third party or its insurer(s), or do anything else that would release KPS' lien or prejudice our subrogation or reimbursement rights, without first obtaining express prior written consent from KPS; :> Reimburse KPS for that portion of the settlement, award or judgment that is compensation for medical bills paid and to be paid by us. If you obtain a settlement or recovery for less than the insurance policy limits or reachable assets of the liable party, you are obligated to reimburse KPS for the full amount of benefits paid on your behalf after you have been fully compensated for your loss. If, however, you obtain a settlement or recovery that is equal to or greater than the liable party!s insurance policy limits or reachable assets, you are only obligated to reimburse KPS in the amount that is left after you have been fully compensated for your loss. You, or your representative(s), must obtain a written agreement from KPS prior to settling any claim if you want KPS to share, on an equitable basis, any reasonable attorney fees incurred by you in pursuit of any subrogation or reimbursement claim. In the absence of a prior written agreement, KPS, at its sole discretion, will determine whether or not to reduce our reimbursement amount in order to share, on an equitable basis, any reasonable attorney fees incurred by you. However, such a reduction will only be considered if KPS has benefited from the services of your attorney. In no event will KPS' reimbursement be reduced by more than twenty percent (20%) to offset attorney fees incurred by you, and KPS will not pay for costs incurred by you. City of Bremerton Plan B 2002 '~ I Page 13 Subrogation: Assignment of Third Party Claim to KPS If you elect to assign your rights to KPS to pursue a claim seeking recovery from a responsible third party or its insurer(s), you and your representative(s) must cooperate fully with KPS in pursuing the claim against the responsible parties. Such cooperation includes, among other things: Providing evidence and testimony consistent with the testimony in the case against the responsible parties; > Refusing to assist the responsible parties, in any way, in defending against a claim brought by KPS; and > Cooperating with KPS by not taking any action that might release, limit, reduce, or otherwise prejudice our efforts to pursue a claim against any responsible third party. Trust and Cooperation Between the Enrollee (or the Enrollee's Representative) and KPS. You and your representative(s) must deal in good faith with KPS by adhering to all of the conditions set forth in this Section. In turn, KPS agrees to cooperate with you and your representative(s) in your effort to recover reimbursement, and will advance payments on your behalf for injuries or medical conditions caused, or asserted by you to be caused, by any third party. You and your representative(s) must cooperate fully with KPS in protecting, preserving, and recovering the amounts KPS has paid or will pay on your behalf under this Group Plan. Failure to cooperate may result in the denial of coverage for injuries or conditions caused, or asserted by you to be caused by any third party, to the extent that coverage or payment for such injuries or illnesses is, or would have been, available under the terms of any other insurance coverage or source of payment. Agreement to Arbitrate Any dispute which arises between you and KPS as a result of the preceding recovery provisions shall be settled through arbitration. Both you and KPS shall be bound by the decisions of the arbitration proceedings. Disputes will be presented to, and resolved by, a single arbitrator, in accordance with the current rules of the American Arbitration Association. Either you or KPS may demand arbitration by serving notice of this demand on the other. Each party to the arbitration agrees to bear its own costs and to share equally in the fees of the arbitrator. This agreement to resolve disputes through arbitration is in effect as of the effective date of the Group Policy, and shall remain in effect until the dispute between us has been resolved. Recovery of Claims Payments Ineligible Persons If KPS knowingly or unknowingly makes any payment on behalf of an individual who for any reason was not eligible to receive the services and benefits provided herein, KPS is entitled to full reimbursement from such ineligible individual or from a Subscriber who applied for the ineligible benefits on behalf of such individual. If KPS knowingly or unknowingly receives Premium payment on behalf of an individual who for any reason was not eligible to receive the services and benefits provided herein, KPS reserves the right to refund any Premium payment(s) in excess of claims paid for the time the individual was ineligible, and shall have the right to recover the cost of any benefit furnished while such individual was improperly enrolled in this Group Plan. Incorrect Claim Payment KPS is entitled to full reimbursement from the payee for any incorrect claim payment. The term "incorrect claim payment" includes but is not limited to the following: > Payment to the wrong Provider; > Payment of an incorrect amount; > Payment for a service that is not a Covered Benefit or Service; > Duplicate payment for the same service; > Payment on behalf of the wrong Enrollee. Page: 14 City of Bremerton Plan B 2002 SUBSCRIBER/DEPENDENT LIABILITY AND RIGHTS Subscriber/Dependent Liability Subscribers and their Eligible Dependents who are enrolled in this Group Plan are liable for the following costs: Deductible Copayments Charges for non-covered services Coinsurance, up to the Coinsurance Stoploss limit defined in the Benefits Booklet Charges incurred after an annual or lifetime maximum benefit for a specific service or supply has been exhausted (such as the annual maximum benefit for durable medical equipment) ~. Charges in excess of the amount paid by KPS to non-participating Providers If KPS fails to reimburse a Participating Provider for the cost of Medically Necessary Covered Services provided in accordance with the terms of this Contract, neither the Enrollee nor Group shall be required to compensate the Participating Provider for such services beyond the limit of Deductibles, Copayments or Coinsurance amounts specified in the Benefits Booklet. KPS will continue to reimburse a Participating Provider for Medically Necessary Covered Services rendered to an Enrollee after the Participating Provider's contract with KPS has ended, for such time as the Enrollee remains covered under this Group Contract, until (i) the Enrollee's course of treatment has been completed, or (ii) the care of the Enrollee has been appropriately transferred to another Participating Provider. The KPS Medical Director is responsible for determinations regarding the completion of a course of treatment and the transfer of patient care. KPS Privacy Policy Privacy Policy The State of Washington enacted RCW 48.43.505 which implements the federal Gramm-Leach-Bliley Act (P.L.102-106), sections 501(b) and 505(b)(2), and expands the requirements to cover the protection of health information privacy. This law requires health insurance carriers in Washington State to provide its Enrollees with information regarding privacy policies and procedures. The following is our privacy notice to our Enrollees. Non-Public Personal Information means information about our Enrollees that KPS collects in conjunction with providing health care products or services to our Enrollees. Non-public Personal Information does not include information that is available from public sources such as telephone directories or government records. KPS collects the following types of Non-public Personal Information about our Enrollees: Information provided by Enrollees on coverage application forms and any other forms completed as a result of enrollment in a KPS Health Plan; > Information we receive from health care Providers or other companies, such as other health insurance companies, related to medical claims and billing; and ;> General information about the health care services received by Enrollees, such as the quality and availability of services. KPS does not disclose Non-public Personal Information about our Enrollees or former Enrollees to anyone, except as permitted or required by law. KP$ restricts access to Non-public Personal Information about our Enrollees to only those employees who need to know that information in order to provide products and services to our Enrollees. KPS maintains physical, electronic and procedural safeguards that comply with federal regulations to guard all Non-public Personal Information. City of Bremerton Plan B 2002 Page 15 KPS' Right to Receive and Release Medical Information As a condition of receiving the benefits and services provided under this Contract, Subscribers and their enrolled Dependents, including their heirs, executors, administrators and assigns, authorize the Provider, Hospital, other health care insurers, organizations or persons to: (i) Release to KPS any medical information necessary for the administration of this Contract; (ii) Allow the KPS Medical Director to examine, or have examined, any medical, hospital or other facility records pertaining to the Enrollee; and (iii) Present medical, hospital or other facility records pertaining to the Enrollee in any civil action in which KPS is a party, expressly waiving any objections to such presentation. COMPLAINTS AND APPEALS PROCESS Complaints All Enrollees have the right to contact KPS whenever they have a question, complaint or concern regarding benefits, access to care or how to arrange for care, any KPS Participating Provider, the service they receive from KPS, or any other issue related to this Group Plan or KPS. In the event an Enrollee has a complaint, KPS Member Services Representatives are available Monday through Fdday, from 8:00 a.m. until 5:00 p.m. Pacific Time, except on nationally recognized holidays. If the complaint cannot be resolved by a Member Services Representative, Enrollees may choose to file a complaint, or request an appeal, if they are not satisfied with the Member Services response. The following steps outline the procedure for filing a complaint: EITH ER A KPS Member Services will The service provided by KPS Send a written statement of work with the Enrollee and try Eligibility the complaint to: to resolve the complaint over KPS Health Plans the phone. Otherwise, KPS will Coverage or Benefits Attn: Complaint Resolution send a written response within Claims Payment PO Box 339 30 days of receiving the Bremerton, WA 98337 complaint. Access to Care Quality of Care OR Complaints about Participating Providers are investigated KPS Participating Providers Call KPS Member Services at thoroughly and are reviewed 360-478-6796 periodically. or toll free at 1-800-552-7114 Standard Appeals Process Enrollees have the right to appeal any decision regarding a complaint or any aspect of their health care coverage which is not in their favor. Such decisions could affect: The service received from KPS; Access to health care services or Providers; Eligibility for coverage; Benefit coverage; Termination of coverage under this Group Plan (except termination for non-payment of Premium); Non-payment of a claim, either completely or partially; A denial or modification of a request for pre-authorization of any health care service or supply; or > A denial of a request for coverage of an experimental or investigational service or supply. Page: 16 ~.! City of Bremerton Plan B 2002 -/? To file an appeal, the Enrollee, his/her designated representative, or his/her Provider may either call or write KPS at the phone number or address listed above. Any documentation supporting the Enrollee's position may be included with the appeal. KPS will notify the Enrollee in writing that the request has been received. Included with that notice is additional information regarding the Appeals Process and the Enrollee's rights and responsibilities during an appeal. An Enrollee has the right to send his/her appeal directly to an Independent Review Organization (IRO) if KPS does not respond to him/her within the allotted time period, as follows: Decisions Regarding: Days to Respond: Service-Related Appeals 30 Days Denials of Experimental and/or Investigational Procedures or Supplies 20 Days All other Adverse Determinations 14 Days Expedited Appeals Process )f the Enrollee's health care Provider, or the KPS Medical Director, reasonably determines that the Enrollee's life, health, or ability to regain maximum function would be jeopardized by following the Standard Appeals Process, KPS will bypass its internal appeals process and forward the appeal directly to an Independent Review Organization (IRO) within 72 hours after it is received. If KPS expedites the appeal, the Enrollee will receive notice of this action. GENERAL TERMS AND CONDITIONS Applicable Law This Contract shall be governed by, and construed in accordance with, the laws of the State of Washington. Venue for this Contract shall be Kitsap County. Assignment of Benefits The benefits of this Contract shall accrue to Subscribers and their enrolled Dependents. Neither this Contract, nor its payments or Covered Benefits and Services are assignable to a third party. KPS reserves the right to make benefit payments to the Subscriber, the Provider, or jointly, as KPS deems necessary and appropriate, subject to federal and/or state laws. Binding Agreement This Contract is binding on KPS and Group, and their respective executors, administrators, successors and assigns. By election of coverage or payment of applicable Premiums, or if Group's Subscribers or their enrolled Dependents seek the services provided under this Contract, all of the terms, covenants and conditions contained herein shall become valid and binding on Group and its Subscribers and enrolled Dependents, notwithstanding the failure of Group to sign this Contract. This Contract shall not bind KPS until (i) it has been executed by a person authorized by KPS, and (ii) an executed copy has been delivered to Group. Confidentiality The underwriting and financial terms of this Contract are confidential and shall not be disclosed except as is necessary for the performance of this Contract, or as required by law. Contract Modifications Except as set forth under Premium Rate Adjustments, KPS reserves the right to modify the provisions of this Contract, or the services described in the Benefits Booklet, upon forty-five (45) days written notice to Group. Group may elect to reject such modifications by providing KPS with fifteen (15) days written notice. However, rejection of a modification will result in the termination of this Contract as of the last day City of Bremerton Plan B 2002 Page 17 of the month for which Premium payment has been received. Lack of notification of rejection by Group shall be interpreted as acceptance of the modification and this Contract will be renewed as modified. No modification of this terms of this Contract shall be binding upon KPS unless endorsed, in writing, and signed by an authorized officer of KPS. Such endorsement shall be deemed a part of this Contract, effective as of the effective date of the endorsement. Any amendment or Contract modification required by law or regulation shall become effective as of the effective date required by such law or regulation. Coverage Limits The Covered Benefits and Services offered under this Contract are subject to the coverage limits and maximums set forth in the attached Benefits Booklet. Entire Agreement This Contract, together with Attachment A: Benefits Booklet; Attachment B: Premium Rates and Underwriting Criteria; and any riders and/or endorsements attached hereto, constitute the entire agreement. This Contract supersedes all previous communications, representations or agreements, either verbal or written between KPS and Group, with respect to the subject matter herein. Equity of Application This Contract is intended to apply equally to all Enrollees. False or Misleading Information If Group provides statements or other information on the Group Master Application form, or any other form required by KPS, that affects the acceptability of Group for coverage, or the risk assumed by KPS for providing coverage, KPS may, at its sole discretion, elect to immediately terminate this Group Contract and recover any claims and/or administrative costs from Group, Enrollee, or any other person(s) responsible for providing the false or misleading information. Force Majeure In the event KPS is unable to perform its obligations hereunder by reason of fire, casualty, lockout, strike, labor condition, riot, war, act of God or by ordinance, law, order or decree of any legally constituted authority, then this Contract may, at the option of KPS, be suspended. During any period of suspension, KPS shall not be required to perform any service hereunder, nor shall KPS be liable for any damages arising from any event which precipitated the suspension. If this Contract is suspended pursuant to this provision, any obligation by Group and/or an Enrollee to make Premium payments shall also be suspended for the same period of time. Group Cooperation Group agrees to cooperate with KPS in the administration of this Contract by: (i) Advising Subscribers and their enrolled Dependents of policies and procedures applicable to this Group Plan; (ii) Providing Subscribers and their enrolled Dependents with a Benefits Booklet, ID cards and any applicable notices or other information regarding this Group Plan; (iii) Providing information about Enrollees which is relevant to the determination of eligibility, claim reimbursement, coordination of benefits or other information required for the administration of this Contract; and (iv) Making appropriate payroll deductions, if applicable, to facilitate Premium payment. Headings The headings of sections and paragraphs in this Contract are for convenience and reference purposes only and do not affect in any way the meaning or interpretation of any provision of this Contract. Page: 18 City of Bremerton Plan B 2002 Limitation of KPS Liability Nothing contained within or omitted from this Contract shall be construed as a promise by KPS to perform any service hereunder. In no case shall KPS be liable for any negligence or other wrongful act or omission of any Provider, Hospital or other facility, or their employees, or any other person. Nothing in this provision shall be construed as relieving KPS from liability for failure to make any payments required to be made under the terms of this Contact. Nothing in this Contract shall be construed to require KPS to provide coverage for services rendered to any person after the termination of coverage for such person, or after the termination of this Contract. Notices Any notice which may affect the provisions of this Contract shall be deemed delivered to Group when deposited in the United States mail with prepaid postage, addressed to Group at the most recent address listed for Group. Any notice which may affect the provisions of this Contract shall be deemed delivered to KP$ when deposited in the United States mail with prepaid postage, addressed to KPS at the following address: P.O. Box 339, Bremerton, WA 98337-0039. Any requirement of KPS to provide notice to Enrollees shall be fulfilled when Group has received such notice. It is the responsibility of Group to disseminate notices to Enrollees within thirty-one (31) days of receipt. Severability If any term, provision, endorsement or condition of this Contract is deemed invalid or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from this Contract. However, the remainder of this Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated as a result of such decision. Third Party Beneficiaries There are not third party beneficiaries to this Contract. Waiver of Breach Waiver of a breach of any provision of this Contract shall not be deemed to be a waiver of any other breach of the same or different provision. City of Bremerton Plan B 2002 Page 19 KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton, WA 98331-0039 CITY OF BREMERTON - COVERAGE CONTRACT- PLAN B Group Name: City of Bremerton Group Number: 21010, 21014 Effective Date: 1/1/2002 Renewal Month: January Open Enrollment December This Coverage Contract includes the following: Attachment A - Benefits Booklet Attachment B - Premium Rates and Underwriting Criteria Riders: N/A Optional Riders: N/A Endorsements: N/A This Contract is entered into and delivered in the State of Washington and is governed by Washington State laws, except to the extent state laws are preempted by federal law. Signature by a qualified Group representative or payment of the Premium shall constitute acceptance of the terms and conditions set forth herein. FOR KPS: FOR GROUP: Elizabeth A. Gilje, President Signature Print Name Title Date KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton, WA 98331-0039 CITY OF BREMERTON - COVERAGE CONTRACT- PLAN B Group Name: City of Bremerton Group Number: 21010, 21014 Effective Date: 1/1/2002 Renewal Month: January Open Enrollment December This Coverage Contract includes the following: Attachment A - Benefits Booklet Attachment B - Premium Rates and Underwriting Criteria Riders: N/A Optional Riders: N/A Endorsements: N/A This Contract is entered into and delivered in the State of Washington and is governed by Washington State laws, except to the extent state laws are preempted by federal law. Signature by a qualified Group representative or payment of the Premium shall constitute acceptance of the terms and conditions set forth herein. FOR KPS: FOR GROUP: Elizabeth A. Gilje, President Signature Print Name Title Date 7? KPS Health Plans, In Rehabilitation 400 Warren/Avenue P.O. Box 339 Bremerton, WA 98331-0039 Attachment B Premium Rates and Underwriting Criteria For City of Brernerton Premium Rates ~ tV ~ Reg lar& us 1s~ i 2 Child.& Plan ARates: LEOFFI Actl !e ,.E~F~ii ~iYe :Spo e Ch Id Oi/~' '.. i /, uepenaents $50 Deductible/Person 282.42 205.08 227.33 102.67 82.63 $100/Family Pian A Rates: Spouse ~i Chi!d 01A2~3 eC~dtni $50 Deductible/Person $100/Family 739.04 404.87 101.01 80.73 =: :: Active EEOFF II Act v := = OiA Dependents $100 Deductible/Person $300/Family N/A 177.34 198.64 90.37 70.32 $100 Deductible/Person $300/Family N/A 336.27 85.48 69.11 Additional Financial Arrangements: Individual Stop Loss at $75,000 - $6.72pmpm charge Administrative Expense- $22.32pmpm Statutory Reserve Charge- $2.25pmpm 2003 Administration Increase Maximum - 5% from 2002 figure of $22.32 pmpm to $23.44pmpm for contract year 2003 Underwriting Criteria The Premium rates quoted above for this Group Plan are based on the following underwriting criteria. KPS reserves the right to withdraw or rerate this offering if Group falls outside the scope of these criteria. Active, full-time Employees must work a minimum of thirty (30) hours per week unless otherwise negotiated and agreed by both KPS and Group. > Subject to prior KPS approval, two (2) or more health insurance carriers, including KPS, may provide coverage to Group's Employees. > Subject to prior KPS approval, Group may select multiple KPS health plan offerings. The minimum level of participation required is seventy-five percent (75%) of eligible Employees, excluding those employees that may be on an HMO plan. Unless otherwise approved by KPS, no more than twenty-five percent (25%) of Group's eligible Employees may reside outside of the KPS service area. The KPS service area is defined as Kitsap, Jefferson, Mason, Clallam, Thurston, Grays Harbor, Pierce and King counties. KPS reserves the right to rerate Group in the event actual enrollment fluctuates by ten percent (10%) or more from the census provided to KPS by Group at the time Group was initially rated. KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton,-WA 98331-0039 City of Bremerton - Coverage Contract - UNDER 65 LEOFF I RETIREES (SUBSCRIBERS ONLY) Group Name: City of Bremerton Group Number: 21001-21000 Effective Date: 1/1/2002 Renewal Month: January Open Enrollment December This Coverage Contract includes the following: Attachment A - Benefits Booklet Attachment B - Premium Rates and Underwriting Criteria Riders: N/A Optional Riders: N/A Endorsements: N/A KPS Health Plans, In Rehabilitation, hereinafter referred to as KPS, is a duly licensed health care services contractor (HCSC) in Washington State. In its capacity as an HCSC, KPS agrees to underwrite and provide the benefits and services described in Attachment A, Benefits Booklet, to the eligible employees, and their eligible Dependents, of the above-named Group, provided the Group, its eligible employees and their eligible Dependents, meet and comply with the provisions of this Contract. Contract Form: BREMC-22900-2002 TABLE OF CONTENTS DEFINITIONS .......................................................................................................... 1 CONTRACT EXAMINATION PERIOD ....................................................................................... i ...... 3 EFFECTIVE DATE, DURATION AND RENEWAL .................................................................................. 3 PREMIUM PAYMENT PROVISIONS ................................................................................................... 3 Payment Due Date/Grace Period ............................................................................................................. 3 Premium Rate Adjustments ...................................................................................................................... 3 Premiums Paid by Subscribers/Dependents ............................................................................................ 4 Premium Refunds ..................................................................................................................................... 4 ELIGIBILITY AND ENROLLMENT ....................................................................................................... 4 Group Eligibility ......................................................................................................................................... 4 Subscriber/Dependent Eligibility Requirements ....................................................................................... 4 Enrollment ................................................................................................................................................. 4 Enrollment Under Special Circumstances ................................................................................................ 5 When Coverage Begins ............................................................................................................................ 5 TERMINATION OF COVERAGE ......................................................................................................... 5 Continuity of Coverage ............................................................................................................................. 5 Termination of Group Contract ................................................................................................................. 5 Re-Enrollment/Reinstatement .................................................................................................................. 5 Termination of Enrollee Coverage ............................................................................................................ 6 Continuation of Inpatient Coverage .......................................................................................................... 6 Continuation of Coverage for a Disabled Child ........................................................................................ 7 CONTINUATION OF COVERAGE ...................................................................................................... 7 COBRA (Consolidated Omnibus Budget Reconciliation Act - 1985) ....................................................... 7 Individual Conversion Coverage ............................................................................................................... 8 COORDINATION OF BENEFITS (COB) ............................................................................................. 8 General Provision ..................................................................................................................................... 8 Definitions ................................................................................................................................................. 8 Claim Determination Period ...................................................................................................................... 9 Effect on Benefits ...................................................................................................................................... 9 Order of Benefit Determination ................................................................................................................. 9 Facility of Payment ................................................................................................................................. 10 Right of Recovery ................................................................................................................................... 10 Right to Receive and Release Information ............................................................................................. 10 Disclosure of Coordination ..................................................................................................................... 10 KPS' RIGHT OF RECOVERY ......................................................................................................... 10 Limitations and Exclusions ..................................................................................................................... 10 Third Party Liability: Reimbursement and Subrogation .......................................................................... 11 Collection and Reimbursement by Enrollee (or the En rollee's Representative) .................................... 11 Subrogation: Assignment of Third Party Claim to KPS .......................................................................... 12 Trust and Cooperation Between the Enrollee (or the F:nrollee's Representative) and KPS .................. 12 Agreement to Arbitrate ............................................................................................................................ 12 Recovery of Claims Payments ............................................................................................................... 12 SUBSCRIBER/DEPENDENT LIABILITY AND RIGHTS ......................................................................... 1 3 SubscribedDependent Liability ............................................................................................................... 13 KPS Privacy Policy ................................................................................................................................. 13 COMPLAINTS AND APPEALS PROCESS ......................................................................................... 14 Complaints .............................................................................................................................................. 14 Standard Appeals Process ..................................................................................................................... 15 Expedited Appeals Process .................................................................................................................... 15 GENERAL TERMS AND CONDITIONS ............................................................................................. 1 5 Applicable Law ........................................................................................................................................ 15 Assignment of Benefits ........................................................................................................................... 15 Binding Agreement ................................................................................................................................. 15 Confidentiality ......................................................................................................................................... 16 Contract Modifications ............................................................................................................................ 16 Coverage Limits ...................................................................................................................................... 16 Entire Agreement .................................................................................................................................... 16 Equity of Application ............................................................................................................................... 16 False or Misleading Information ............................................................................................................. 16 Force Majeure ......................................................................................................................................... 16 Group Cooperation ................................................................................................................................. 17 Headings ................................................................................................................................................. 17 Limitation of KPS Liability ....................................................................................................................... 17 Notices .................................................................................................................................................... 17 Severability ............................................................................................................................................. 17 Third Party Beneficiaries ........................................................................................................................ 17 Waiver of Breach .................................................................................................................................... 17 DEFINITIONS Child means any one of the following: (i) An unmarried natural Child, adopted Child, stepchild or other legally designated ward under the Limiting Age who is primarily dependent upon the Subscriber or the Subscriber's Spouse for support; (ii) An unmarried Child under the Limiting Age who is legally entitled to receive medical coverage as a result of a court order binding either the Subscriber or the Subscriber's Spouse, regardless of whether or not the Subscriber or Subscriber's Spouse has legal custody of the Child; (iii) An unmarried Child who has reached the Limiting Age, or is older than the Limiting Age, is incapable of self-sustaining employment due to developmental disability or physical handicap, and is primarily dependent upon the Subscriber or the Subscriber's Spouse for support and maintenance (see Continued Eligibility for a Disabled Dependent) Contract means this documents and any other attachments, exhibits, riders or endorsements listed on the title page or otherwise described herein, and any subsequent amendments or modifications to the Contract or its attachments, exhibits, riders or endorsements. Contract Renewal Month means the calendar month specified on the face page of this Group Policy during which, each year, Group may renew its coverage under this Group Plan. Covered Benefit or Service means those Medically Necessary services described in Attachment A, Benefits Booklet, which a Covered Person is entitled to receive. Eligible Dependent means the Subscriber's legal Spouse or Child. Eligible Employee means a retired LEOFF I Employee who is under age 65 and who is eligible for a Premium contribution by his/her payroll office. Enrollee means a person enrolled in this Group Plan. Group means the employer entity, association or other group that has entered into this Contract with KPS. Group Plan means this KPS Group Plan. Group Master Application means the application form completed by Group and submitted to KPS prior to securing coverage under this Group Plan. The Group Master Application identifies the size, participation and contribution eligibility requirements applicable to Group. LEOFF I Employee means a full-time law enforcement officer or firefighter hired prior to October 1, 1977, who is a member of the LEOFF system as defined in Sections (3) and (4), CH 131, Law of 1972, 1st Ex. Session. Limiting Age for Dependents means the age shown in the Benefits Summary section of the Benefits Booklet. Non-Participating Provider/Facility means any Provider or Facility not contracted directly with KPS, or indirectly through First Choice Health Network or MultiPlan. Open Enrollment Period means the thirty-one (31) day period, or some other period agreed to by both KPS and Group, beginning one (1) month prior to Group's Renewal Month, or at some other mutually agreeable time, but at least annually. During the Open Enrollment Period, Subscribers may add or delete Eligible Dependents, and all eligible Employees and their Eligible Dependents have the opportunity to select from alternative health plans offered by Group. Premium means the periodic payment made by, or on behalf of the Enrollee, in accordance with the terms of this Group Contract. Premium Due Date means the first day of each month of coverage. Provider means a licensed or certified health care practitioner acting within the scope of his/her license or certificate. Renewal Month see Contract Renewal Month. City of Bremerton Plan C -2002 Page 1 Spouse means an individual who is living in a marital relationship with the Subscriber. The marital relationship must be legally recognized by the State of Washington. Subscriber means the primary person, generally the Employee, enrolled in this Group Plan. Page: 2 City of Bremerton Plan C 2002 CONTRACT EXAMINATION PERIOD Group may return this Contract to KPS within ten (10) days of the date it is received, if, after examination, Group is not satisfied with the Contract for any reason. Upon receipt of the returned Contract, KPS will refund to Group any pre-paid Premiums. The Contract shall subsequently be deemed null and void. EFFECTIVE DATE~ DURATION AND RENEWAL This Contract shall begin at 12:01 a.m. Pacific Time on the Effective Date (as indicated on the title page), and shall remain in effect until the Contract Renewal Month unless terminated according to the provisions set forth herein. Thereafter, this Contract may be renewed automatically at 12:01 a.m. on the same date (month and day) in subsequent calendar years unless otherwise terminated according to the provisions set forth herein. PREMIUM PAYMENT PROVISIONS Payment Due Date/Grace Period The initial Premium payment is due and payable to KPS on or before the Effective Date of this Contract. Thereafter, Premium payments are due and payable on or before the first day of every month ("Premium Due Date") for which coverage is provided. A roster of current enrollment and enrollment changes must accompany each Premium payment. A ten (10) day grace period following the Premium Due Date is allowed, during which time this Contract shall not be terminated. However, KPS may, at its sole discretion, elect to extend the grace period for up to sixty (60) days from the Premium Due Date, or cancel this Contract immediately, without notice to Group, if payment is not received by the end of the grace period. If KPS elects to immediately cancel this Contract due to non-payment of Premium, the effective date of cancellation will be retroactive to the last day of the month for which payment was received. No further liability for claims will accrue to KPS. No person enrolled in this Group Plan shall be entitled to benefits during any calendar month for which the Premium paid on his/her behalf was not received by KPS. Premium Rate Adjustments The Premium rates applicable to this Group Plan are defined in Attachment B - Premium Rates and Underwriting Criteria. Rates are guaranteed until the Contract Renewal Month each Calendar Year. Notwithstanding the foregoing, KPS reserves the right to revise the rates as follows: As part of the annual Contract renewal process; As a result of any state or federal law or regulation which imposes an additional tax, new tax or other assessment on KPS revenue; and > In the event there is a material change in the basis upon which KPS assumed risk under this Contract. Such changes may include false or misleading information presented by Group, changes in the benefits or other Contract terms required by statute or regulation, adverse claims or underwriting experience, or fluctuations of ten percent (10%) or more in the number of enrolled Subscribers and/or Dependents. KPS will give Group sixty (60) days prior written notice of any change in Premium rates not associated with the annual renewal process. KPS will give Group thirty (30) days prior written notice of rate increases associated with the annual Contract renewal process. City of Bremerton Plan C -2002 ~7 Page3 Premiums Paid by Subscribers/Dependents In certain instances, Subscribers and their enrolled Dependents may be required to self-pay their Premiums in order to continue coverage. Those instances include: ~ Strikes, lockouts and other labor disputes which cause a disruption in Employee benefits; and ~> When the Subscriber and/or Dependent(s) elects to continue coverage under a COBRA provision or other coverage continuation provision available under this Group Policy. Group is required to collect self-paid Premiums and forward payments to KPS on or before the Premium Due Date. Premium Refunds KPS will refund to Group any Premium paid in advance for periods after the termination date of thL5 Group Plan. In the case of ineligible persons enrolled in this Group Plan, KPS will refund to Group any Premium paid during a period of ineligibility which is in excess of claim payments made on behalf of the ineligible person(s) during the period of ineligibility not to exceed three (3) months of Premium payments. ELIGIBILITY AND ENROLLMENT Group Eligibility In order to be eligible to participate in this Group Plan, Group must continuously meet all eligibility, participation, Group size, contribution and other requirements specified in the Group Master Application form. KPS reserves the right to audit Group's employment, payroll and eligibility records to ensure that Group continues to meet its participation requirements, and to ensure that eligible Employees and their eligible Dependents are properly enrolled in this Group Plan. Subscriber/Dependent Eligibility Requirements Retired LEOFF I Employees, as defined in the Definitions section, are eligible to enroll in this Group Plan. As of March 1, 2001, Dependents of retired LEOFF I EmPloyees are no longer eligible to enroll in this Group Plan. Dependents who enrolled prior to March 1, 2001, may remain on this Group Plan. Enrollment Premium payments, if applicable, must accompany all applications for coverage Currently retired LEOFF I Employees are initially eligible to apply for coverage beginning on the effective date of this Group Policy. Application for coverage must be made within thirty-one (31) days of initial eligibility. Newly retired LEOFF I Employees are initially eligible to apply for coverage on their effective date of retirement. Application for coverage must be made within thirty-one (31) days of initial eligibility. Retired LEOFF I Employees who do not enroll when they are initially eligible may not apply for coverage at a later date except in certain circumstances (see Enrollment Under Special Circumstances). Page: 4 City of Bremerton Plan C 2002 Enrollment Under Special Circumstances Retired LEOFF I Employees who, when they were initially eligible to enroll, declined coverage in this Group Plan, in writing, based on existing coverage under another health plan, may apply for coverage under this Group Plan if they lose eligibility for coverage under their other health plan, or if the other health plan terminates. Retired LEOFF I Employees mu st apply for coverage within thirty-one (31) days of losing coverage under their prior plan. When Coverage Begins Coverage for new Enrollees begins on their date of initial eligibility provided they enrolled in this Group Plan within the specified time limits (see Enrollment) and any applicable Premium amounts have been paid. TERMINATION OF COVERAGE Continuity of Coverage Continuity of coverage under this Contract is guaranteed to all eligible Enrollees provided Group continues to meet eligibility requirements and continues to pay applicable Premium payments on a timely basis. Termination of Group Contract This Group Policy may be terminated if any of the following occurs: Group fails to make full Premium payments; Group violates, or refuses to comply with, the terms and conditions of this Contract; Group violates or refuses to comply with any published KPS policies and procedures which have been approved by the Insurance Commissioner; ~ there is a change to, or implementation of, federal or state laws which prohibits the continued offering of this Group Plan; or KPS replaces this Group Plan. In this case, the replacement plan will (i) include the services covered under the replaced Plan; (ii) be offered to Group's eligible Employees and their Eligible Dependents; and (iii) not significantly limit access to the kind of services covered under the replaced Plan. In addition, Group may terminate this Contract, at any time, by providing forty-five (45) days written notice to KPS. If this Group Contract terminates, for any reason, coverage for all Enrollees will end automatically on the effective date of termination, or on the last day of the last month for which Group paid the Premium, whichever occurs first. KPS will refund to Group any Premium paid in advance for periods after the termination date. In the case of termination or non-renewal of this Group Policy, Group shall be responsible for providing the following information to all affected Employees and their Dependents: > The effective date of termination of coverage; and ~ The reason(s) for termination or non-renewal. Re-Enrollment/Reinstatement If this Group Policy has been cancelled by KPS due to non-payment of Premium, Group automatically forfeits all rights to guaranteed renewal of coverage afforded under the Health Insurance Portability and Accountability Act (HIPAA) of 1996. Any decision to reinstate or reenroll Group is at the sole discretion of KPS. If Group voluntarily cancels this Group Policy prior to the Open Enrollment Period, KPS may, at its sole discretion, impose up to a twelve (12) month waiting period before Group is eligible to reapply for coverage. City of Bremerton Plan C -2002 (~ Page 5 Termination of Enrollee Coverage Coverage for an individual Enrollee under this Group Plan will end if any one of the following events occurs: Non-payment of any Premium amount, when Premium payment is the responsibility of the Enrollee; Non-payment of any Deductible or Copayment amounts owed to KPS by the Enrollee; The Enrollee loses eligibility for coverage under this Group Plan; The Enrollee commits a fraudulent act with regard to KPS and this Group Plan; The Enrollee behaves in a manner that is threatening, disruptive or abusive toward a KPS employee or a Provider; The Enrollee refuses to comply with the terms and conditions of this Group Plan as described in this Group Policy and the Benefits Booklet; The Enrollee voluntarily disenrolls from this Group Plan; There is a change in either state or federal laws which no longer permits KPS from offering this Group Plan; or > This Group Policy is terminated. Additionally, Dependent coverage ends if: The Subscriber is no longer employed or no longer meets eligibility requirements; The Subscriber dies; The Subscriber and Spouse divorce; or The Child reaches the Limiting Age or marries. Coverage ends on the last day of the month in which the Enrollee was eligible for coverage, provided all applicable Premium amounts have been paid. In the case of non-payment of Premium, coverage ends on the last day of the month for which KPS received a Premium payment. Upon termination of coverage either KPS or Group shall issue a Certificate of Creditable Coverage certifying the period(s) during which the Enrollee was enrolled in this Group Plan. An Enrollee who loses coverage under this Group Plan may be eligible to continue coverage or enroll in an individual conversion plan (see Continuation of Coverage). A Subscriber who voluntarily disenrolls from this Group Plan is no longer eligible to re-enroll. Continuation of Inpatient Coverage An Enrollee who is receiving care as an inpatient in an Accredited General Hospital or other approved facility on the date that coverage would otherwise end, is eligible to continue receiving benefits under this Group Plan provided the following conditions are met: ~ KPS pre-authorized the inpatient care (see Prior Authorization of Inpatient Care); and ~' All applicable Premium amounts continue to be paid. KPS will continue to provide benefits until one of the following events occurs: The Enrollee cease to be an inpatient; Three (3) consecutive months have elapsed since the date on which coverage would otherwise have ended; The Enrollee has exhausted the inpatient benefits offered under this Group Plan (annual renewal of benefits does not apply under this provision); The KPS Medical Director determines that inpatient care is no longer Medically Necessary; The Enrollee enrolls in another KPS plan or in any other health plan which provides inpatient hospital benefits; or ~ Non-payment of Premium amounts Page: 6 City of Bremerton Plan C 2002 The Enrollee is not eligible for the extended coverage described herein if, when this Group Policy ends: > The Enrollee is covered under any other group or individual medical plan with similar inpatient benefits; or > The Enrollee is eligible for continuation of coverage under COBRA or any other continuation provision. Continuation of Coverage for a Disabled Child A Dependent Child who has reached the Limiting Age remains eligible for coverage under this Group Plan provided both of the following conditions are met.' ~ The Child is primarily dependent upon the Subscriber or the Subscriber's Spouse for support; and ~ The Child is incapable of self-sustaining employment due to developmental disability or physical handicap. Proof of the Child's dependence must be submitted to KPS within thirty-one (31) days of the date the Child reaches the Limiting Age. Thereafter, KPS may require resubmission of proof of the Child's continuing dependence. Generally this proof is requested annually after the two-year period following the Child's attainment of the Limiting Age. A disabled Child will continue to be eligible for coverage until any one of the following events occurs: Failure to submit proof of the Child's continuing dependence as a result of disability or physical handicap; KPS determines that the Child is no longer developmentally disabled or physically handicapped (based on the evidence submitted); The Subscriber is no longer covered under this Group Plan; Non-payment of Premium; or KPS terminates the Group Policy. Coverage for a disabled Child ends on the last day of the month in which the disabled Child is eligible for coverage, provided any applicable Premium amounts have been paid. In the case of non-payment of Premium, coverage ends on the last day of the month for which KPS received a Premium payment. A Dependent who is no longer eligible for coverage as a disabled Child may be eligible for coverage under COBRA or a KPS conversion plan (see Continuation of Coverage). CONTINUATION OF COVERAGE COBRA (Consolidated Omnibus Budget Reconciliation Act - '1985) Employers who are required by law to comply with the provisions of the 1985 COBRA act must notify all eligible Employees, and their eligible Dependents, who lose eligibility for coverage under this Group Plan of their right to continue coverage under this provision. Eligible individuals are required to apply for continued coverage within sixty (60) days of the date coverage under this Group Plan ends. Group is required to notify KPS of each individual's election of COBRA continuation coverage within sixty (60) days of that election. Failure on the part of the eligible individual to make a timely election, or failure on the part of Group to provide KPS with timely notification of the election, will be interpreted by KPS as a waiver of the individual's right to continue coverage under this provision. Failure by Group to provide timely notification to KPS may not, in all cases, eliminate Group's obligation to provide continuation coverage. It will, however, eliminate any obligation on the part of KPS to provide continuation coverage under this Contract. City of Bremerton Plan C -2002 Page 7 Individual Conversion Coverage Employees who are under age sixty-five (65) may be entitled to transfer to a KPS Individual Conversion Plan if: They are not otherwise eligible for coverage under Medicare; They are currently eligible for continuation of Group coverage but have elected not to enroll in the Group Plan; ~ Coverage under this Group Plan or a COBRA continuation plan has terminated (for any reason except non-payment of Premium, when it is the individual's responsibility to pay the Premium); or ~ If this Group Policy terminates and Group does not provide other health care coverage to its Employees. Application for coverage must be made within thirty-one (31) days of the date coverage under this Group Plan, or other KPS continuation or COBRA plan ends. Applicable Premium payments for the first month of coverage must be submitted with the enrollment application Dependents are separately eligible to apply for coverage under this option in the event they cease to be eligible for coverage under the Group Plan due to the death of the Subscriber, or if the Subscriber and Spouse divorce. When an Enrollee enrolls in a conversion plan, he/she loses certain protections guaranteed under the Health Insurance Portability and Accountability Act (H1PAA) of 1996. Most notably, if the Enrollee wants to transfer to a non-conversion individual plan, he/she could be denied coverage based on a previous or existing health condition. If the Enrollee does qualify for coverage under a non-conversion individual plan, his/her coverage will be subject to any waiting periods for pre-existing conditions. For more information, please contact KPS Member Services. Employees who are age sixty-five (65) or older when coverage under the Group Plan terminates may be eligible for coverage under a Medicare Supplement Plan. To determine Employee eligibility for a Medicare Supplement Plan, please contact KPS Member Services. COORDINATION OF BENEFITS (COB) General Provision Benefits are provided under this KPS Group Plan only to the extent that Subscribers and their enrolled Dependent(s) could not have received benefits for the same service(s) under any other Plan, had a claim for benefits been made. The purpose of this COB provision is to ensure that the sum of claim benefits paid by KPS and all other Plans under which Subscribers and their Dependent(s) are covered does not exceed 100% of the Allowable Expense. All of the benefits provided under this KPS Group Plan are subject to this COB provision. Definitions "Allowable Expense" means the usual, customary or reasonable charge for any necessary health care service or supply when the service or supply is a covered benefit, at least in part, under any of the Plans involved. When a Plan provides benefits in the form of services rather than cash payments, the reasonable cash value of each service provided shall be considered an Allowable Expense. The difference between the cost of a private Hospital room and the cost of a semi-private Hospital room is not considered an Allowable Expense under the above definition unless your stay in a private Hospital room is considered to be Medically Necessary under at least one of the Plans involved. Page: 8 City of Bremerton Plan C 2002 "Plan" means a policy or contract which provides benefits o~' services for, or because of, medical or dental care, through one of the following: This KPS Group Plan; Any group, individual or blanket disability insurance policy; Any group or individual contractual prepayment or indemnity plan such as those issued by health care service contractors, health maintenance organizations or other health carriers or health insurers; Any labor-management trusteed plan or labor organization plan; Any employer organization plan or employee benefit organization plan; Any governmental program; Any insurance coverage required or provided by statute, including automobile policies which provide medical benefits; or ~. Any other similar source. The term "Plan" does not include accident-only coverage, including athletic injuries, for school-age children from kindergarten through twelfth grade (K through 12), or for college students, either on a 24- hour basis or on a "to and from school" basis. Each of the Plans under which you and/or your Dependents are covered, and each benefit payable under those Plans, is considered separately when benefits are coordinated under this provision. Claim Determination Period The claim determination period means a Calendar Year. Effect on Benefits If, during a claim determination period, your Allowed Expenses incurred under this KPS Group Plan are more than the sum of the benefits that would be payable under this KPS Group Plan in the absence of this COB provision plus the benefits that would be payable under all other Plans in the absence therein of similar COB provisions, then the benefits payable under this KPS Group Plan will be reduced so that the sum of such reduced benefits plus all the benefits payable for corresponding Allowable Expenses under all other Plans, does not exceed the total of such Allowable Expenses. Order of Benefit Determination When more than one Plan contains a COB provision, the decision as to which Plan is the primary Plan is made in the following order: The Plan which covers the person as a Subscriber rather than as a Dependent is primary; When a Dependent Child is covered under more than one Plan, the Plan of the parent whose date of birth (month and day only) occurs earlier in a Calendar Year is primary, except when the Child's parents are legally divorced or separated. ~> When the parents of a covered Dependent Child are divorced or separated and there is no court decree which establishes financial responsibility for the medical or dental expenses of the Dependent Child, then benefits for the Child's Covered Expenses are determined as follows: · the Plan of the parent with custody is primary, provided the parent with custody has not remarried; · if the parent with custody has remarried, the order for determining the primary Plan is: (i) the Plan of parent with custody; (ii) the Plan of the step-parent; (iii) the Plan of the parent without custody. Notwithstanding the above, if the court has determined which parent is financially responsible for the health care of the Dependent Child, then the Plan of that parent is always the primary Plan. City of Bremerton Plan C -2002 Page 9 When the above rules do not establish an order of determination, then the Plan which has covered the person for the longer period shall be primary, except that: > The benefits of the Plan which covers the person, on whose expenses the claim is based, as a laid-off or retired Subscriber, or a Dependent of such a Subscriber, shall be determined after the benefits of the Plan which covers that person as a Subscriber (other than as a laid-off or retired Subscriber), or the Dependent of such a Subscriber; and > if either of the Plans does not have a provision regarding laid-off or retired Subscribers, which results in each Plan determining its benefits after the other, then the above provision shall not apply. If none of the above rules applies, the Plan that has covered the person for the longest period of time shall be considered the primary Plan. Facility of Payment Whenever another Plan makes payments which should have been 3rovided under this KPS Group Plan and in accordance with this COB provision, KPS may, at its sole discretion, choose to reimburse the Plan making such other payments, the amount necessary to satisfy the intent of this COB provision. Any amount paid under this subsection shall be considered as benefits paid under this KPS Group Plan, and KPS shall be fully discharged from liability to the extent of such payments. Right of Recovery Whenever KPS makes payments that are in excess of the maximum amount of payment necessary to satisfy this COB provision, KPS shall have the right to recover the excess payment amount from the Enrollee, from the Provider, or from another Plan, as applicable. Right to Receive and Release Information As a condition of receiving benefits under this KPS Group Plan, Subscribers and their enrolled Dependent(s) agree to provide KPS with any necessary information, and authorize KPS to release to or obtain from any other insurer, organization or person, any information necessary to administer this COB provision. Disclosure of Coordination Failure on the part of Subscribers and their enrolled Dependents to cooperate with KPS regarding this COB provision could result in the loss of benefits under this Group Plan. KPS recommends that Subscribers and their enrolled Dependent(s) submit claims to KPS, and each other plan, at the same time to help minimize delays and facilitate claims payment. KPS' RIGHT OF RECOVERY Limitations and Exclusions Coverage under this plan is excluded for expenses incurred or services rendered if your illness or injury is caused (or alleged by you to be caused) by another party, to the extent that benefits are available under the terms of any other insurance coverage or source of payment, including but not limited to: Vehicle medical, personal injury protection ("PIP"), no-fault, uninsured or underinsured motorist, workers' compensation insurance or benefits and third party liability insurance, or similar contract of insurance; > Homeowner's, property or any other insurance policy (except for individual or group health insurance); or > An agreement, judgment or settlement pursuant to which a third party pays or agrees to pay for the costs of such services from assets other than a policy of insurance. Page: 10 City of Bremerton Plan C 2002 This exclusion applies whenever any such contract of insurance, agreement, judgment or settlement is issued to or provides benefits for you, whether or not you assert a claim against the responsible third party or its insurers. Third Party Liability: Reimbursement and Subrogation In consideration for KPS' agreement to advance medical expenses involving a claim against a third party or its insurers, you agree to make a claim against the responsible party and its insurers for any and all amounts advanced by KPS. By providing benefits under this provision, KPS is fulfilling its obligations under this Group Contract. However, by so doing, KPS does not waive any rights to reimbursement or subrogation. Provided, the benefits of this plan will be advanced to you if you are injured by a third party, before compensation is recovered from the third party or its insurers, only under the following conditions: You, and your representative(s), must fully cooperate with KPS in recovering payment of medical bills paid, and to be paid by KPS, from the parties who allegedly caused the injury or illness, including but not limited to their liability insurance carriers, any applicable PIP, uninsured or underinsured motorist policy, homeowners policy, workers compensation or any other reachable assets of the responsible party or parties; You notify KPS, in writing, of the details of the injury or illness, the names and addresses of the parties believed to be responsible and the names and addresses of the responsible party's insurers, if known; Any claim or lawsuit filed by you against the third party or the third party's insurer(s) must include a demand for repayment of benefits paid by, or to be paid, by KPS on your behalf; or ~ You must agree to assign to KPS your right to recover compensation for medical costs paid (subrogation), or to be paid, by KPS as a result of injuries caused by the third party responsible for the injury. ~ You must agree to reimburse KPS for the cost of medical care provided by KPS as a result of the injury, from the settlement, judgment, insurance proceeds or other recovery obtained by you from any third party or its insurers. Collection and Reimbursement by Enrollee (or the Enrollee's Representative) If you elect to demand payment for KPS' medical costs from the responsible third party, you must: Notify KPS in advance of any settlement, mediation, arbitration or trial; Inform the responsible third party and its insurer(s) of the amount of the lien asserted by KPS, for the recovery of benefits paid on your behalf, against any recovery or potential recovery obtained by you; Obtain prior consent from KPS before compromising or settling claims involving medical costs paid by KPS; ~ Not enter into any agreement with the responsible third party or its insurer(s), or do anything else that would release KPS' lien or prejudice our subrogation or reimbursement rights, without first obtaining express prior written consent from KPS; ~ Reimburse KPS for that portion of the settlement, award or judgment that is compensation for medical bills paid and to be paid by us. If you obtain a settlement or recovery for less than the insurance policy limits or reachable assets of the liable party, you are obligated to reimburse KPS for the full amount of benefits paid on your behalf after you have been fully compensated for your loss. If, however, you obtain a settlement or recovery that is equal to or greater than the liable party's insurance policy limits or reachable assets, you are only obligated to reimburse KPS in the amount that is left after you have been fully compensated for your loss. You, or your representative(s), must obtain a written agreement from KPS prior to settling any claim if you want KPS to share, on an equitable basis, any reasonable attorney fees incurred by you in pursuit of any subrogation or reimbursement claim. In the absence of a prior written agreement, KPS, at its sole discretion, will determine whether or not to reduce our reimbursement amount in order to share, on an equitable basis, any reasonable attorney fees incurred by you. However, such a reduction will only be considered if KPS has benefited from the services of your attorney. In no event will KPS' reimbursement City of Bremerton Plan C -2002 Page 11 be reduced by more than twenty percent (20%) to offset attorney fees incurred by you, and KPS will not pay for costs incurred by you. Subrogation: Assignment of Third Party Claim to KPS If you elect to assign your rights to KPS to pursue a claim seeking recovery from a responsible third party or its insurer(s), you and your representative(s) must cooperate fully with KPS in pursuing the claim against the responsible parties. Such cooperation includes, among other things: Providing evidence and testimony consistent with the testimony in the case against the responsible parties; > Refusing to assist the responsible parties, in any way, in defending against a claim brought by KPS; and Cooperating with KPS by not taking any action that might release, limit, reduce, or otherwise prejudice our efforts to pursue a claim against any responsible third party. Trust and Cooperation Between the Enrollee (or the Enrollee's Representative) and KPS. You and your representative(s) must deal in good faith with KPS by adhering to all of the conditions set forth in this Section. In turn, KPS agrees to cooperate with you and your representative(s) in your effort to recover reimbursement, and will advance payments on your behalf for injuries or medical conditions caused, or asserted by you to be caused, by any third party. You and your representative(s) must cooperate fully with KPS in protecting, preserving, and recovering the amounts KPS has paid or will pay on your behalf under this Group Plan. Failure to cooperate may result in the denial of coverage for injuries or conditions caused, or asserted by you to be caused by any third party, to the extent that coverage or payment for such injuries or illnesses is, or would have been, available under the terms of any other insurance coverage or source of payment. Agreement to Arbitrate Any dispute which arises between you and KPS as a result of the preceding recovery provisions shall be settled through arbitration. Both you and KPS shall be bound by the decisions of the arbitration proceedings. Disputes will be presented to, and resolved by, a single arbitrator, in accordance with the current rules of the American Arbitration Association. Either you or KPS may demand arbitration by serving notice of this demand on the other. Each party to the arbitration agrees to bear its own costs and to share equally in the fees of the arbitrator. This agreement to resolve disputes through arbitration is in effect as of the effective date of the Group Policy, and shall remain in effect until the dispute between us has been resolved. Recovery of Claims Payments Ineligible Persons If KPS knowingly or unknowingly makes any payment on behalf of an individual who for any reason was not eligible to receive the services and benefits provided herein, KPS is entitled to full reimbursement from such ineligible individual or from a Subscriber who applied for the ineligible benefits on behalf of such individual. If KPS knowingly or unknowingly receives Premium payment on behalf of an individual who for any reason was not eligible to receive the services and benefits provided herein, KPS reserves the right to refund any Premium payment(s) in excess of claims paid for the time the individual was ineligible, and shall have the right to recover the cost of any benefit furnished while such individual was improperly enrolled in this Group Plan. Page: 12 City of Bremerton Plan C 2002 Incorrect Claim Payment KPS is entitled to full reimbursement from the payee for any incorrect claim payment. The term "incorrect claim payment" includes but is not limited to the following: Payment to the wrong Provider; Payment of an incorrect amount; Payment for a service that is not a Covered Benefit or Service; Duplicate payment for the same service; Payment on behalf of the wrong Enrollee. SUBSCRIBER/DEPENDENT LIABILITY AND RIGHTS Subscriber/Dependent Liability Subscribers and their Eligible Dependents who are enrolled in this Group Plan are liable for the following costs: Deductible Copayments Charges for non-covered services Coinsurance, up to the Coinsurance Stoploss limit defined in the Benefits Booklet Charges incurred after an annual or lifetime maximum benefit for a specific service or supply has been exhausted (such as the annual maximum benefit for durable medical equipment) ~> Charges in excess of the amount paid by KPS to non-participating Providers If KPS fails to reimburse a Participating Provider for the cost of Medically Necessary Covered Services provided in accordance with the terms of this Contract, neither the Enrollee nor Group shall be required to compensate the Participating Provider for such services beyond the limit of Deductibles, Copayments or Coinsurance amounts specified in the Benefits Booklet. KPS will continue to reimburse a Participating Provider for Medically Necessary Covered Services rendered to an Enrollee after the Participating Provider's contract with KPS has ended, for such time as the Enrollee remains covered under this Group Contract, until (i) the Enrollee's course of treatment has been completed, or (ii) the care of the Enrollee has been appropriately transferred to another Participating Provider. The KPS Medical Director is responsible for determinations regarding the completion of a course of treatment and the transfer of patient care. KPS Privacy Policy Privacy Policy The State of Washington enacted RCW 48.43.505 which implements the federal Gramm-Leach-Bliley Act (P.L.102-106), sections 501(b) and 505(b)(2), and expands the requirements to cover the protection of health information privacy. This law requires health insurance carriers in Washington State to provide its Enrollees with information regarding privacy policies and proc=~dures. The following is our privacy notice to our Enrollees. Non-Public Personal Information means information about our Enrollees that KPS collects in conjunction with providing health care products or services to our Enrollees. Non-public Personal Information does not include information that is available from public sources such as telephone directories or government records. City of Bremerton Plan C -2002 Page 13 KPS collects the following types of Non-public Personal Information about our Enrollees: Information provided by Enrollees on coverage application forms and any other forms completed as a result of enrollment in a KPS Health Plan; > Information we receive from health care Providers or other companies, such as other health insurance companies, related to medical claims and billing; and General information about the health care services received by Enrollees, such as the quality and availability of services. KPS does not disclose Non-public Personal Information about our Enrollees or former Enrollees to anyone, except as permitted or required by law. KPS restricts access to Non-public Personal Information about our Enrollees to only those employees who need to know that information in order to provide products and services to our Enrollees. KPS maintains physical, electronic and procedural safeguards that comply with federal regulations to guard all Non-public Personal Information. KPS' Right to Receive and Release Medical Information As a condition of receiving the benefits and services provided under this Contract, Subscribers and their enrolled Dependents, including their heirs, executors, ad ministrators and assigns, authorize the Provider, Hospital, other health care insurers, organizations or persons to: (i) Release to KPS any medical information necessary for the administration of this Contract; (ii) Allow the KPS Medical Director to examine, or have examined, any medical, hospital or other facility records pertaining to the Enrollee; and (iii) Present medical, hospital or other facility records pertaining to the Enrollee in any civil action in which KPS is a party, expressly waiving any objections to such presentation. COMPLAINTS AND APPEALS PROCESS Complaints All Enrollees have the right to contact KPS whenever they have a question, complaint or concern regarding benefits, access to care or how to arrange for care, any KPS Participating Provider, the service they receive from KPS, or any other issue related to this Group Plan or KPS. In the event an Enrollee has a complaint, KPS Member Services Representatives are available Monday through Friday, from 8:00 a.m. until 5:00 p.m. Pacific Time, except on nationally recognized holidays. If the complaint cannot be resolved by a Member Services Representative, Enrollees may choose to file a complaint, or request an appeal, if they are not satisfied with the Member Services response. The following steps outline the procedure for filing a complaint: EITHER A KP$ Member Services will The service provided by KPS Send a written statement of work with the Enrollee and try the complaint to: to resolve the complaint over Eligibility KPS Health Plans the phone. Otherwise, KPS will Coverage or Benefits Attn: Complaint Resolution send a written response within Claims Payment PO Box 339 30 days of receiving the Bremerton, WA 98337 complaint. Access to Care Quality of Care OR Complaints about Participating Providers are investigated KPS Participating Providers Call KPS Member Services at thoroughly and are reviewed 360-478-6796 periodically. or toll free at 1-800-552-7114 Page: 14 f~ City of Bremerton Plan C 2002 Standard Appeals Process Enrollees have the right to appeal any decision regarding a complaint or any aspect of their health care coverage which is not in their favor. Such decisions could affect: The service received from KPS; Access to health care services or Providers; Eligibility for coverage; Benefit coverage; Termination of coverage under this Group Plan (except termination for non-payment of Premium); Non-payment of a claim, either completely or partially; A denial or modification of a request for pre-authorization of any health care service or supply; or > A denial of a request for coverage of an experimental or investigational service or supply. To file an appeal, the Enrollee, his/her designated representative, or his/her Provider may either call or write KPS at the phone number or address listed above. Any documentation supporting the Enrollee's position may be included with the appeal. KPS will notify the Enrollee in writing that the request has been received. Included with that notice is additional information regarding the Appeals Process and the Enrollee's rights and responsibilities during an appeal. An Enrollee has the right to send his/her appeal directly to an Independent Review Organization (IRO) if KPS does not respond to him/her within the allotted time period, as follows: Decisions Regarding: Days to Respond: Service-Related Appeals 30 Days Denials of Experimental and/or Investigational Procedures 20 Days or Supplies All other Adverse Determinations 14 Days Expedited Appeals Process If the Enrollee's health care Provider, or the KPS Medical Director, reasonably determines that the Enrollee's life, health, or ability to regain maximum function would be jeopardized by following the Standard Appeals Process, KPS will bypass its internal appeals process and forward the appeal directly to an Independent Review Organization (IRO) within 72 hours after it is received. If KPS expedites the appeal, the Enrollee will receive notice of this action. GENERAL TERMS AND CONDITIONS Applicable Law This Contract shall be governed by, and construed in accordance with, the laws of the State of Washington. Venue for this Contract shall be Kitsap County. Assignment of Benefits The benefits of this Contract shall accrue to Subscribers and their enrolled Dependents. Neither this Contract, nor its payments or Covered Benefits and Services are assignable to a third party. KPS reserves the right to make benefit payments to the Subscriber, the Provider, or jointly, as KPS deems necessary and appropriate, subject to federal and/or state laws. Binding Agreement This Contract is binding on KPS and Group, and their respective executors, administrators, successors and assigns. By election of coverage or payment of applicable Premiums, or if Group's Subscribers or City of Bremerton Plan C -2002 ,~ Page 15 7 their enrolled Dependents seek the services provided under this Contract, all of the terms, covenants and conditions contained herein shall become valid and binding on Group and its Subscribers and enrolled Dependents, notwithstanding the failure of Group to sign this Contract. This Contract shall not bind KPS until (i) it has been executed by a person authorized by KPS, and (ii) an executed copy has been delivered to Group. Confidentiality The underwriting and financial terms of this Contract are confidential and shall not be disclosed except as is necessary for the performance of this Contract, or as required by law. Contract Modifications Except as set forth under Premium Rate Adjustments, KPS reserves the right to modify the provisions of this Contract, or the services described in the Benefits Booklet, upon forty-five (45) days written notice to Group. Group may elect to reject such modifications by providing KPS with fifteen (15) days written notice. However, rejection of a modification will result in the termination of this Contract as of the last day of the month for which Premium payment has been received. Lack of notification of rejection by Group shall be interpreted as acceptance of the modification and this Contract will be renewed as modified. No modification of this terms of this Contract shall be binding upon KPS unless endorsed, in writing, and signed by an authorized officer of KPS. Such endorsement shall be deemed a part of this Contract, effective as of the effective date of the endorsement. Any amendment or Contract modification required by law or regulation shall become effective as of the effective date required by such law or regulation. Coverage Limits The Covered Benefits and Services offered under this Contract are subject to the coverage limits and maximums set forth in the attached Benefits Booklet. Entire Agreement This Contract, together with Attachment A: Benefits Booklet; Attachment B: Premium Rates and Underwriting Criteria; and any riders and/or endorsements attached hereto, constitute the entire agreement. This Contract supersedes all previous communications, representations or agreements, either verbal or written between KPS and Group, with respect to the subject matter herein. Equity of Application This Contract is intended to apply equally to all Enrollees. False or Misleading Information If Group provides statements or other information on the Group Master Application form, or any other form required by KPS, that affects the acceptability of Group for coverage, or the risk assumed by KPS for providing coverage, KPS may, at its sole discretion, elect to immediately terminate this Group Contract and recover any claims and/or administrative costs from Group, Enrollee, or any other person(s) responsible for providing the false or misleading information. Force Majeure In the event KPS is unable to perform its obligations hereunder by reason of fire, casualty, lockout, strike, labor condition, riot, war, act of God or by ordinance, law, order or decree of any legally constituted authority, then this Contract may, at the option of KPS, be suspended. During any period of suspension, KPS shall not be required to perform any service hereunder, nor shall KPS be liable for any damages arising from any event which precipitated the suspension. If this Contract is suspended pursuant to this provision, any obligation by Group and/or an Enrollee to make Premium payments shall also be suspended for the same period of time. Page: 16 /,, City of Bremerton Plan C 2002 Group Cooperation Group agrees to cooperate with KPS in the administration of this Contract by: (i) Advising Subscribers and their enrolled Dependents of policies and procedures applicable to this Group Plan; (ii) Providing Subscribers and their enrolled Dependents with a Benefits Booklet, ID cards and any applicable notices or other information regarding this Group Plan; (iii) Providing information about Enrollees which is relevant to the determination of eligibility, claim reimbursement, coordination of benefits or other information required for the administration of this Contract; and (iv) Making appropriate payroll deductions, if applicable, to facilitate Premium payment. Headings The headings of sections and paragraphs in this Contract are for convenience and reference purposes only and do not affect in any way the meaning or interpretation of any provision of this Contract. Limitation of KPS Liability Nothing contained within or omitted from this Contract shall be construed as a promise by KPS to perform any service hereunder. In no case shall KPS be liable for any negligence or other wrongful act or omission of any Provider, Hospital or other facility, or their employees, or any other person. Nothing in this provision shall be construed as relieving KPS from liability for failure to make any payments required to be made under the terms of this Contact. Nothing in this Contract shall be construed to require KPS to provide coverage for services rendered to any person after the termination of coverage for such person, or after the termination of this Contract. Notices Any notice which may affect the provisions of this Contract shall be deemed delivered to Group when deposited in the United States mail with prepaid postage, addressed to Group at the most recent address listed for Group. Any notice which may affect the provisions of this Contract shall be deemed delivered to KPS when deposited in the United States mail with prepaid postage, addressed to KPS at the following address: P.O. Box 339, Bremerton, WA 98337-0039. Any requirement of KPS to provide notice to Enrollees shall be fulfilled when Group has received such notice. It is the responsibility of Group to disseminate notices to Enrollees within thirty-one (31) days of receipt. Severability If any term, provision, endorsement or condition of this Contract is deemed invalid or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from this Contract. However, the remainder of this Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated as a result of such decision. Third Party Beneficiaries There are not third party beneficiaries to this Contract. Waiver of Breach Waiver of a breach of any provision of this Contract shall not be deemed to be a waiver of any other breach of the same or different provision. City of Bremerton Plan C -2002 /, ~) ( Page 17 KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton, WA 98331-0039 City of Bremerton - Coverage Contract- UNDER 65 LEOFF I RETIREES (SUBSCRIBERS ONLY) Group Name: City of Bremerton Group Number: 21001-21006 Effective Date: 1/1/2002 Renewal Month: January Open Enrollment December This Coverage Contract includes the following: Attachment A- Benefits Booklet Attachment B - Premium Rates and Underwriting Criteria Riders: N/A Optional Riders: N/A Endorsements: N/A This Contract is entered into and delivered in the State of Washington and is governed by Washington State laws, except to the extent state laws are preempted by federal law. Signature by a qualified Group representative or payment of the Premium shall constitute acceptance of the terms and conditions set forth herein. FOR KPS: FOR GROUP: Elizabeth A. Gilje, President Signature Print Name Title Date KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton, WA 98331-0039 City of Bremerton - Coverage Contract- UNDER 65 LEOFF I RETIREES (SUBSCRIBERS ONLY) Group Name: City of Bremerton Group Number: 21001-21006 Effective Date: 1/1/2002 Renewal Month: January Open Enrollment December This Coverage Contract includes the following: Attachment A- Benefits Booklet Attachment B - Premium Rates and Underwriting Criteria Riders: N/A Optional Riders: N/A Endorsements: N/A This Contract is entered into and delivered in the State of Washington and is governed by Washington State laws, except to the extent state laws are preempted by federal law. Signature by a qualified Group representative or payment of the Premium shall constitute acceptance of the terms and conditions set forth herein. FOR KPS: FOR GROUP: Elizabeth A. Gilje, President Signature Print Name Title Date !o3 KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton, WA 98331-0039 Attachment B Premium Rates and Underwriting Criteria For City of Brernerton Premium Rates plan:A Rates EEOFF I Active sPOUse O/~ph~d tnls $50 Deductible/Person $100/Family 282.42 205.08 227.33 102.67 82.63 ,~ OiA D~P~dents $50 Deductible/Person $100/Family 739.04 404.87 101.01 80.73 an I~l~a=es upouse .;~,nua OIA Dep~:dents : .. : : : ACtive: ,,,,:.LEOFF!,!~ACtiVe,, : : ~: : : : :: $100 Deductible/Person $300/Family N/A 177.34 198.64 90.37 70.32 p ~ st ~ 2 Child lan B Rates LEOFF I Retirees . Spouse I Child _~,~ ~ ~; $100 Deductible/Person $300/Family N/A 336.27 85.48 69.11 Additional Financial Arrangements: Individual Stop Loss at $75,000 - $6.72pmpm charge Administrative Expense- $22.32pmpm Statutory Reserve Charge- $2.25pmpm 2003 Administration Increase Maximum - 5% from 2002 figure of $22.32 pmpm to $23.44pmpm for contract year 2003 Underwriting Criteria The Premium rates quoted above for this Group Plan are based on the following underwriting criteria. KPS reserves the right to withdraw or rerate this offering if Group falls outside the scope of these criteria. Active, full-time Employees must work a minimum of thirty (30) hours per week unless otherwise negotiated and agreed by both KPS and Group. ~ Subject to prior KPS approval, two (2) or more health insurance carriers, including KPS, may provide coverage to Group's Employees. :~ Subject to prior KPS approval, Group may select multiple KPS health plan offerings. The minimum level of participation required is seventy-five percent (75%) of eligible Employees, excluding those employees that may be on an HMO plan. Unless otherwise approved by KPS, no more than twenty-five percent (25%) of Group's eligible Employees may reside outside of the KPS service area. The KPS service area is defined as Kitsap, Jefferson, Mason, Clallam, Thurston, Grays Harbor, Pierce and King counties. KPS reserves the right to rerate Group in the event actual enrollment fluctuates by ten percent (10%) or more from the census provided to KPS by Group at the time Group was initially rated. to5 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT_ .~__blic Hearing ~4~70 FOR AGENDA OF: July 31,, 2002 Resolution #._a~,.~~, regarding re~o~r~'offees for ORIGINATING DEPT.: Fire Dept. removal ofvege~tion on the listed properties. ORIGINATOR: Al Duke DATE SUBMITTED: 2. CLEARANCES,..' ,(Comment on back if 3. EXHIBITS: Fire Chief: { ~ 1. Resolution # City Clerk: ~_,_~,0r.t-~-~ 2. Property Ide~ication List City Atty: . ~ 7) ..... ~ -~- ~ ..~ 3. Photos ENDORSEME~..~ IN?~N __ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Ordinance #4584 declares that it is ~mlawful and a nuisance to allow, continue, or maintain grass and weeds exceeding twelve (12) inches in height, shrubs, brush, vines or trees which constitute a fire hazard or provide a harborage for rats, rodents or horticultural pests, or noxious and poisonous plants. The listed properties are currently in violation of the ordinance and pursuant to Section 9.14 of the Bremerton Municipal Code. The legal requirements for notice were met. Council is asked to approve the removal of the nuisance vegetation on the property and collection of the costs incurred by personal judgment against the owner and a lien against the property. RECOMMEND*TION:~-7 ~' g ~J~O I move that Council pass Resolution ~, ordering that the nuisance vegetation on the properties identified by the attached listingbe~[~moved by the City with fees incurred collected as reasonable abatement costs, which shall become a personal judgment against the owner and a lien against the property] t~' ~tft~e~( 9. RESPONSIBLE OFFICIAL: A! Duke ENFORCEMENT OFFICIAL: A! Duke EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED _~_~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Ordinance #4584 would not be enforced and nuisance vegetation would continue to thrive in the City of Bremerton. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES- The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A RESOLUTION NO. ~ ~ A RESOLUTION of thc City Council of the City of Brcmcrton, Washington, approving nuisance vegetation abatement on thc properties listed in Exhibit A and determining means of collection of costs incurred for its removal. WHEREAS, the City of Bremerton passed ordinance #4584 in February of 1997, which declares certain vegetation a public nuisance, a fire hazard and a menace to public health, safety and welfare and requiring its abatement; and WHEREAS, Section 9.14 of the Bremerton Municipal Code allows the City to remove nuisance vegetation and recoup the costs by personal judgment against the property owner and as a lien against the property; and WHEREAS, the City Council is charged with determining whether the vegetation is a nuisance and whether it shall be removed and has considered the report filed by the Building Official and any protests or objections filed; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the vegetation show to exist on the properties listed in Exhibit A attached hereto and incorporated herein is hereby declared to be a nuisance. SECTION2. That the City of Bremerton will exercise its right to remove said nuisance vegetation and recapture abatement fees by pursuing a personal judgment against the property owner and filing a lien against the property. SECTION 3. Severabilit~. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. Declaration of Nuisance SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of ,2002. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: '~)GER A. -~UBOVICH, City Attorn' ye-~" KATHLEEN MCCLUSKEY, City Clerk R:\LEGAL\Resolutions\Nuisance (2867).doc Declaration of Nuisance WEED ABATEMENT LISTING JULY 31, 2002 ADDRESS OWNER 1. 802 Broadway Ave. Angelo Jones 802 Broadway Avenue Bremerton, WA 98337 2. 1704 N. Callow Ave. Bank of America, N.A. I0I E. Main St. Louisville, KY 40202  . 2107 N. Callow Ave. Shirlee A. Harrison ~z~r2ezYt//__ P.O. Box 202783 Denver, CO 80220-8783 4 107 S. Cambrian Ave. Santiago Saavedra 107 S. Cambrian Avenue Bremerton, WA 98312 5. 241 S. Cambrian Ave. Gary Atnip 1232 Audrey Avenue Bremerton, WA 98312 6. 3021 Eagle St. Alvina Kratcha 651 Finley Gulch Colville, WA 99114 7. 3107 Eagle St. Alvina Kratcha 651 Finley Gulch Colville, WA 99114 8. 2222 Eastview Ave. Mitzi Grade 7697 Beardsley Avenue NW Gig Harbor, WA 98335-8379 9. 2711/2713 Hefner St. James B. Hartstrom P.O. Box 838 Cemralia, WA 98531 EXHIBIT A I 0. 602 Sheridan Rd. Daniel and Paula Milovich 518 Sheridan Road Bremerton, WA 98310 11. 1014 Veneta Ave. D.K. Shaw 1014 Veneta Avenue Bremerton, WA 98337 12. 1014 Warren Ave. Mrs. George A. Perkins 1014 Warren Avenue Bremerton, WA 98310  . 1300 Blk Warren Ave. Jewell and Patricia Severson P.O. Box 475 ~ gE'--O"~/~O/2/9p~ Bremerton, WA 98337-0116 EXHIBIT A Iff