Jan 13, 2015

Moab City Council
January 13, 2015
Pre-Council Workshop
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMBERS
CITY CENTER
(217 East Center Street)
Agenda
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City of Moab
217 East Center Street Moab, Utah 84532 Main Number (435) 259‐5121 Fax Number (435) 259‐4135 www.moabcity.org Moab City Council
Regular Council Meeting City Council Chambers Tuesday, January 13, 2015 at 6:30 p.m.
6:30 p.m.
PRE COUNCIL WORKSHOP
7:00 p.m.
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1:
APPROVAL OF MINUTES
1-1
1-2
1-3
November 25, 2014
December 5, 2014
December 9, 2014
SECTION 2:
CITIZENS TO BE HEARD
SECTION 3:
DEPARTMENTAL UPDATES
3-1
3-2
3-3
3-4
3-5
SECTION 4:
SECTION 5:
Community Development Department Engineering Department Planning Department Police Department Public Works Department PRESENTATIONS AND PROCLAMATIONS
4-1
Presentation of the Mayor’s Student Citizenship of the Month Award for January 2015 for Helen M. Knight School 4-2
Presentation by Bo Call of the DAQ Regarding the Results of the Ozone Monitoring and Current Particulate Monitoring PUBLIC HEARING (Approximately 7:15 PM)
None SECTION 6:
Agenda
SPECIAL EVENTS/VENDORS/BEER LICENSES
6-1
Approval of a Class II Retail Beer License for Zachary Daniel Bynum, d.b.a. The Spoke LLC Located at 5 North Main Street to Conduct a Restaurant 6-2
Approval of Local Consent of a Full‐Service Restaurant Liquor License for Zachary Daniel Bynum, d.b.a. The Spoke LLC Located at 5 North Main Street
6-3
Approval of Local Consent of a Limited‐Service Restaurant Liquor License for Devran Cengiz, d.b.a. Devran’s Mediterranean Restaurant Located at 60 North 100 West SECTION 7:
NEW BUSINESS
7-1
Award of the City Prosecutor Services Proposal 7-2
Approval of the City Prosecutor Services Contract 7-3
Approval of Proposed Resolution #02‐2015 – A Resolution Approving an Employment Agreement by and between the City of Moab and Rachel E. Stenta for the Position of Interim City Manager 7-4
Approval of Proposed Resolution #01‐2015 – A Resolution Encouraging the State of Utah to Pursue a Comprehensive Transportation Funding Strategy 7-5
Request to Send Proposed Ordinance #2015‐01 – An Ordinance Amending the City of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected Officials’ Salaries to Public Hearing 7-6
Approval of Proposed Resolution #03‐2015 – A Resolution Approving an Agreement between the City of Moab and Public Employees Health Plan for the Provision of Health Insurance Services SECTION 8:
MAYOR AND COUNCIL REPORTS
SECTION 9:
READING OF CORRESPONDENCE
SECTION 10:
ADMINISTRATIVE REPORTS
SECTION 11:
REPORT ON CITY/COUNTY COOPERATION
SECTION 12:
APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 13:
EXECUTIVE SESSION
13-1 An Executive Session to Discuss Pending or Reasonably Imminent Litigation
SECTION 14:
ADJOURNMENT
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259‐5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Agenda
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MOAB CITY COUNCIL REGULAR MEETING November 25, 2014 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre‐Council Workshop to order at 6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta, Planning Director Jeff Reinhart, City Treasurer Jennie Ross, Assistant City Engineer Eric Johanson, Public Works Director Jeff Foster and Police Chief Mike Navarre. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Twenty five (25) members of the audience and media were present. Councilmember McElhaney moved to approve the Regular Meeting minutes of October 28, 2014. Councilmember Stucki seconded the motion. The motion carried 5‐0 aye. There were no Citizens to Be Heard. A Community Development Department Update was not given. Under Engineering Department Update, Assistant City Engineer Johanson reported that things were going well and that he had met with the Lions Park architects for the final review of the project. Assistant City Engineer Johanson also stated that he had been working on a GIS project and had received a preliminary analysis report on the new water tank. A Planning Department Update was not given. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that the 500 West Waterline Project was ready for approval and the road project was under final review in the bid process. Public Works Director Foster also stated that leaves in the street was an issue for the Public Works Department and asked citizen to try and keep their leaves November 25, 2014
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REGULAR MEETING & ATTENDANCE PRE‐COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE out of the streets. Jon Haderlie of Larson, Rosenberger and Company made a presentation of the Annual Audit of the City of Moab for Fiscal Year 2013‐2014. Councilmember Bailey moved to approve a Special Event License for the Moab Area Chamber of Commerce for the Winter Light Parade and Tree Lighting on December 5 and 6, 2014. Councilmember Peterson seconded the motion. The motion carried 5‐0 aye. Councilmember Peterson moved to approve a Request for a Waiver of Special Event Fees for the Moab Area Chamber of Commerce in an Amount Not To Exceed $90.00. Councilmember McElhaney seconded the motion. The motion carried 5‐0 aye. Councilmember Stucki moved to approve a Change of Location for a Private Property Vendor License for Quesadilla Mobilla at 89 North Main Street. Councilmember Ershadi seconded the motion. The motion carried 5‐0 aye. Councilmember Bailey moved to accept the Annual Audit for Fiscal Year 2013‐2014. Councilmember McElhaney seconded the motion. The motion carried 5‐0 aye. Councilmember Stucki moved to approve Proposed Resolution #39‐2014 – A Resolution Conditionally Approving a Conditional Use Permit for a Bed and Breakfast Located on the McElhaney Property at 100 Arches Drive in the R‐2 Zone. Councilmember Peterson seconded the motion. The motion failed 1‐3 nay with Councilmember Stucki voting aye and Councilmembers Peterson, Bailey and Ershadi voting nay and Councilmember McElhaney abstaining. Councilmember Peterson moved to approve Proposed Resolution #50‐
2014 – A Resolution Declaring Certain Property Owned by the City of Moab as Surplus and donating certain property to the Moab Valley Fire Department. Councilmember Stucki seconded the motion. The motion carried 5‐0 aye. Councilmember Peterson moved to Award the 500 West Waterline Project to Mesquite Utah Incorporated in the amount of $386,550. Councilmember Bailey seconded the motion. The motion carried 5‐0 aye. Councilmember Stucki moved to approve the 500 West Waterline November 25, 2014
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PRESENTATION OF ANNUAL AUDIT SPECIAL EVENT LICENSE APPROVED WAIVER OF FEES APPROVED PRIVATE PROPERTY VENDOR LICENSE APPROVED ANNUAL AUDIT ACCEPTED PROPOSED RESOLUTION #39‐
2014, FAILED PROPOSED RESOLUTION #50‐
2014, APPROVED 500 WEST WATERLINE PROJECT AWARDED 500 WEST WATERLINE Project Contract. Councilmember McElhaney seconded the motion. The motion carried 5‐0 aye. Councilmember McElhaney moved to approve Proposed Resolution #51‐
2014 – A Resolution Approving a Local Government Contract by and between the City of Moab and Horrocks Engineering for the Moab 500 West Phase 3 Road Improvement Project, for Construction Engineering Management Services. Councilmember Bailey seconded the motion. The motion carried 5‐0 aye. Councilmember Peterson moved to approve Proposed Resolution #53‐
2014 – A Resolution Approving an Interlocal Agreement by and between the City of Moab and Grand County, Pertaining to the Ownership, Development, Operation and Maintenance of Lions Park, the Lions Park Trail, the Lions Park Transit Hub, and the Colorado River Pathway. Councilmember Stucki seconded the motion. The motion carried 5‐0 aye. Councilmember McElhaney moved to approve Proposed Resolution #52‐
2014 – A Resolution Approving a Landscape Maintenance Agreement for Lions Park by and between the Utah Department of Transportation and the City of Moab. Councilmember Ershadi seconded the motion. The motion carried 5‐0 aye. There was no Correspondence to be Read. Under Mayor And Council Reports, Councilmember Ershadi stated that she had attended a Chamber of Commerce lunch and had heard a presentation by Rocky Mountain Power regarding the WattSmart program and energy audits and that Theresa King had won the Business of the Year Award. Councilmember Ershadi continued that she had also attended a Housing Authority meeting as well as the ground breaking ceremony for the new self‐help housing project on 400 North. Councilmember Ershadi stated that she had met with Kris Marsh of the Small Business Development Center who was working on a proposal for a municipal composting system and that the air monitoring results would be available after the Thanksgiving holiday. Under Administrative Report, City Manager Metzler stated that the annual holiday party would be held on Saturday, December 13, 2014. No Report was given on City/County Cooperation. Councilmember Ershadi moved to pay the bills against the City of Moab November 25, 2014
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CONTRACT APPROVED PROPOSED RESOLUTION #51‐
2014 APPROVED PROPOSED RESOLUTION #53‐
2014 APPROVED PROPOSED RESOLUTION #52‐
2014 APPROVED READING OF CORRESPONDENCE MAYOR AND COUNCIL REPORTS ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS in the amount of $454,864.72. Councilmember Bailey seconded the motion. The motion carried 5‐0 aye by a roll‐call‐vote. Councilmember Peterson moved to Enter an Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual. Councilmember Stucki seconded the motion. The motion carried 5‐0 aye. An Executive Session was entered at 8:07 PM. Councilmember Bailey moved to close the Executive Session. Councilmember McElhaney seconded the motion. The motion carried 5‐0 aye. The Executive Session was closed at 8:24 PM. Councilmember Bailey moved to adjourn. Councilmember Stucki seconded the motion. The motion carried 5‐0 aye. Mayor Sakrison adjourned the Regular Council Meeting at 8:24 PM. APPROVED: __________________ ATTEST: ___________________ David L. Sakrison Rachel E. Stenta Mayor City Recorder November 25, 2014
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MOTION TO ENTER EXECUTIVE SESSION APPROVED EXECUTIVE SESSION ENTERED MOTION TO CLOSE EXECUTIVE SESSION APPROVED EXECUTIVE SESSION CLOSED MOTION TO ADJOURN APPROVED ADJOURNMENT MOAB CITY COUNCIL SPECIAL MEETING December 5, 2014 Moab City Council held a Special Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 9:02 AM. In attendance were Councilmembers Kyle Bailey, Heila Ershadi, Kirstin Peterson and Gregg Stucki. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta, Police Chief Mike Navarre and Administrative Assistant Carmella Galley. Councilmember Bailey moved to enter an Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual. Councilmember Stucki seconded the motion. The motion carried 4‐0 aye. An Executive Session was entered at 9:02 AM. Councilmember Peterson moved to close the Executive Session. Councilmember Bailey seconded the motion. The motion carried 4‐0 aye. The Executive Session was closed at 9:29 AM. Mayor Sakrison adjourned the Special Meeting at 9:35 AM. APPROVED: ____________________ ATTEST: _______________ David L. Sakrison Rachel E. Stenta Mayor City Recorder/Asst. City Mgr.
December 5, 2014
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SPECIAL MEETING & ATTENDANCE MOTION TO ENTER EXECUTIVE SESSION, APPROVED MOTION TO CLOSE EXECUTIVE SESSION, APPROVED ADJOURNMENT MOAB CITY COUNCIL REGULAR MEETING December 9, 2014 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre‐Council Workshop to order at 6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta, City Treasurer Jennie Ross, Assistant City Engineer Eric Johanson, Police Chief Mike Navarre and Community Development Director David Olsen. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Fifteen (15) members of the audience and media were present. There were no minutes to approve. There were no Citizens to Be Heard. A Community Development Department Update was not given. Under Engineering Department Update, Assistant City Engineer Johanson reported that staff were reviewing quite a few new hotels and that the Lions Park Project would be starting in the Spring. Assistant City Engineer Johanson then stated that Hansen Allen and Luce were looking for funding for the Storm Water Drainage Master Plan from the Drinking Water Board. A Planning Department Update was not given. Under Police Department Update, Police Chief Navarre stated that there were threatening scam calls being placed to citizens from someone representing themselves as the Department of Justice or the Internal Revenue Service. A Public Works Department Update was not given Mayor Sakrison presented Gannon James with the Mayor’s Student Citizenship of the Month Award for November 2014 for Helen M. Knight December 9, 2014
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REGULAR MEETING & ATTENDANCE PRE‐COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE STUDENT OF THE MONTH School. Councilmember McElhaney moved to Appoint Councilmember Ershadi as the Mayor Pro‐Tem for 2015. Councilmember Peterson seconded the motion. The motion carried 5‐0 aye. Councilmember Ershadi moved to Designate Councilmember Bailey as the Councilmember Responsible for Approving Bills for 2015. Councilmember McElhaney seconded the motion. The motion carried 5‐
0 aye. Councilmember Stucki moved to Approve the 2015 Regular City Council Meeting Schedule. Councilmember Bailey seconded the motion. The motion carried 5‐0 aye. Councilmember McElhaney moved to Approve the 2015 Moab City Holiday Schedule. Councilmember Stucki seconded the motion. The motion carried 5‐0 aye. Under Discussion Regarding Elected Official Salaries, Councilmember Ershadi made a presentation. Discussion followed. There was no Correspondence to be Read. Under Mayor And Council Reports, Mayor Sakrison stated that he had attended an Airport Board Meeting and that Great Lakes was showing interest in coming back as the air carrier and that the airport was proceeding with expansion plans. Councilmember Ershadi stated that a draft business plan for a municipal composting facility would soon be available. Councilmember Stucki stated that the Solid Waste District was looking for a new district manager. Under Administrative Report, City Manager Metzler stated that the housing incentive ordinance was ready to present to the Planning Commission and that steady progress was being made on the General Plan. No Report was given on City/County Cooperation. December 9, 2014
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MAYOR PRO‐TEM APPOINTED FOR 2015 COUNCILMEMBER APPROVING BILLS FOR 2015 DESIGNATED 2015 REGULAR CITY COUNCIL MEETING SCHEDULE APPROVED 2015 MOAB CITY HOLIDAY SCHEDULE APPROVED DISCUSSION REGARDING ELECTED OFFICIALS SALARIES READING OF CORRESPONDENCE MAYOR AND COUNCIL REPORTS ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION Councilmember Ershadi moved to pay the bills against the City of Moab in the amount of $284,269.25. Councilmember Bailey seconded the motion. The motion carried 5‐0 aye by a roll‐call‐vote. Mayor Sakrison adjourned the Regular Council Meeting at 7:16 PM. APPROVED: __________________ ATTEST: ___________________ David L. Sakrison Rachel E. Stenta Mayor City Recorder December 9, 2014
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APPROVAL OF BILLS ADJOURNMENT AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 13, 2015 Agenda Item #: 6‐1 & 6‐2 Title: Approval of a Class II Retail Beer License and Local Consent for a Full-
Service Restaurant for Zachary Daniel Bynum, d.b.a. The Spoke LLC Located at
5 North Main Street to Conduct a Restaurant Fiscal Impact: N/A Staff Presenter(s): Rachel Stenta, City Recorder Department: City Recorder
Applicant: Zachary Daniel Bynum
Background/Summary: The applicant is a current licensee and is applying for
a Class II Retail Beer License and Local Consent of a Full-Service Restaurant
Liquor License for a new business. The business is located at 5 North Main
Street which is a location that has been licensed previously and poses no
proximity issues. Options: Approve, deny or table. Staff Recommendation: Staff recommends granting of the local consent. Recommended Motion: I move to approve (insert agenda items). Attachment(s): Local Consent Form
Class II Beer License Appliation Agenda
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AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 13, 2015 Agenda Item #: 6‐3 Title: Local Consent of a Limited-Service Restaurant Liquor License for Devran
Cengiz, d.b.a. Devran’s Mediterranean Restaurant Located at 60 North 100 West Fiscal Impact: N/A Staff Presenter(s): Rachel Stenta, City Recorder Department: City Recorder
Applicant: Devran Cengiz
Background/Summary: The applicant applied for and was granted local
consent for a full-service license previously but he would like to apply for a limited
–service license instead. The applicant is now reapplying for local consent.
Options: Approve, deny or table. Staff Recommendation: Staff recommends granting of the local consent. Recommended Motion: I move to approve (insert agenda items). Attachment(s): Local Consent Form
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AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 13, 2015 Agenda Item #: 7‐2 Title: Award of the City Prosecutor Service Proposal/Approval of a Criminal
Services Agreement for City Prosecutor Services between the City of Moab and
Cowdell and Woolley, P.C. Fiscal Impact: Approval of this contract would result in a decrease from the
current prosecution contract cost in the amount of $2,400 annually, with a total
annual cost of $36,000 Staff Presenter(s): Donna Metzler, City Manager Department: Administration/Legal
Background/Summary: As you know, the City received a notice of resignation
on November 19, 2014 from Andrew Fitzgerald, in which he resigned as City
Prosecutor, effective December 31, 2014. The City currently pays $3,200 per
month for these services. This is the amount that Fitzgerald Law proposed for
city prosecution services when Mr. Fitzgerald took over as county attorney in
2011. The City has a contract with Fitzgerald Law stipulating this amount. From
2003 through 2010, Happy Morgan performed city prosecution services for the
City, for which the City paid $2,900 per month. Before Ms. Morgan, the City paid
Bill Benge $1,800 per month. The city prosecutor handles all of the City’s Justice
Court cases, which entails all cases charged at Class B misdemeanor and below.
By state statute, the county attorney handles Class A misdemeanors, felonies,
and any lower charges that accompany these cases. These cases are handled in
District Court. The City does not pay Grand County for the services of the county
attorney.
In response to Mr. Fitzgerald’s resignation notice, the City advertised a Request
for Qualifications from firms interested in performing city prosecution services.
The City also negotiated with Mr. Fitzgerald that Mr. Fitzgerald would stay on as
City Prosecutor until January 30, in order to provide time for the City to secure
services from another provider.
The City advertised for the position in our local papers and sent out
announcements to 30 firms. The Request for Qualifications was noticed in the
paper on November 27 and December 4, with a December 10 submittal deadline.
The City received four proposals by the deadline, and one proposal just after the
deadline. City staff reviewed all five proposals. While most proposals were
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specific as to the proposed cost, one proposal indicated that the cost proposed
would be in addition to legal assistant services, the cost for which was not
provided. The range of the proposals was from $36,000 per year with no
additional costs to $80,000 per year plus the cost of legal assistant services. It
was estimated by staff that since the services in this contract would primarily be
performed by a legal assistant, the additional costs called for in the latter
proposal would probably range from $20,000 to $30,000 annually. The low cost
proposal was from Cowdell and Woolley, while the highest cost proposal was
from Fitzgerald Law. The average rate proposed was $82,720 annually. Cowdell
and Woolley submitted their proposal before the deadline.
Because a cost proposal that is significantly lower than all of the other cost
proposals can be concerning, City staff set about to perform background and
reference checks for Cowdell and Woolley, as well as to analyze the other
proposals. The intent was to ascertain the qualifications of Cowdell and Woolley
and to ascertain the validity of the low cost proposal (and the reason for some of
the high cost proposals). Regarding the high cost proposals, we did find through
disclosures from two of the higher cost respondents that they based their
proposal on information they obtained from Andrew Fitzgerald, who had indicated
that the rate charged for the services should be much higher than the current
contract rate.
With respect to the qualifications of Cowdell and Woolley, city staff found this
firm’s proposal to be the most thorough and responsive among the five
submitted, with attention to the City’s particular needs, such as availability,
experience, training provided, professionalism, customer service orientation and
file and case management. In addition, the City found through in-depth
telephone conversations with police departments and other entities that Cowdell
and Woolley is a respected law firm that performs only justice court prosecution
services as their specialty. We found that the cities and towns that we contacted
uniformly and enthusiastically provided positive reviews of Cowdell and Woolley’s
performance as justice court prosecutor. Police Chief Mike NaVarre performed
the background and reference reviews, which are attached. Cowdell and Woolley
has contracts with numerous Utah cities and towns. Other cities and counties
identified the coupling of cost savings with exemplary service as the major
reason for their satisfaction with Cowdell and Woolley.
One of the reasons that Cowdell and Wooley can keep their costs low is that
they have developed processes and procedures specific to justice court
prosecution. Another reason is that the firm’s contracts with other communities,
taken together, provide significant income for the firm, creating an “economy of
large numbers,” such that the incremental cost of adding our cases to their
workload is low.
Cowdell and Woolley’s proposal, along with their qualifications, indicated that
Cowdell and Woolley would be able to perform the services the City of Moab
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needed at a very reasonable cost. So, city staff set up an in-person interview
with representatives of the firm and the City of Moab. City representatives in the
interview included Police Chief Mike NaVarre, City Planner Jeff Reinhart, Mayor
Dave Sakrison and me. Representatives from Cowdell and Woolley included
Chad Woolley and Aaron McKnight. Mr. McKnight was presented as the main
contact attorney for the firm’s proposal. In the interview, the firm representatives
explained the process and information systems they use to provide services, and
outlined what the transition process would look like. They also reiterated that
they had researched our justice court case load and were very comfortable with
the cost they proposed to perform the services needed by the City of Moab. They
quoted the number of cases in our court, and indicated that the City’ cases would
make up about 4% of their annual justice court caseload.
Cowdell and Woolley’s proposal is attached. City staff members are very
comfortable with their proposal as well as the attached professional services
agreement. Cowdell and Woolley have approved the agreement, subject to the
approval of the City Council. The contract provides for a February 1, 2015 start
date.
Options: The City Council may approve the agreement as presented, approve
the agreement with changes, not approve the agreement, or postpone the
agreement pending the receipt of additional information. Staff Recommendation: Staff recommends approval of the proposal and
services agreement with Cowdell and Woolley as presented. Recommended Motion: “I move to approve the City Prosecutor Services
Proposal to Cowdell and Woolley, P.C.” AND “I move to approve the City
Prosecution Agreement with Cowdell and Woolley, P.C. as presented.” Attachment(s): Criminal Legal Service Agreement: Cowdell and Woolley
proposal; reference and background information assembled by Police Chief Mike
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COWDELL & WOOLLEY, P. C.
ATTORNEYS AT LAW
32 East Main Street, Sandy, Utah 84070
Telephone: (801) 550-3988 Facsimile: (800) 388-7054
December 10, 2014
Rachel E. Stenta
Moab City Recorder/Asst. City Manager
217 East Center Street
Moab, Utah 84532
RE: Request for Statements of Qualifications—City Prosecutor
Dear Ms. Stenta,
Thank you for taking the time to review this packet, which constitutes our Statement of
Qualifications and our proposal. We are very interested in providing prosecutorial services for the
City of Moab.
We are a Utah law firm that provides prosecutorial services for Daggett County, Sanpete
County, South Salt Lake, the City of Taylorsville, Midvale, Draper, and Herriman. Please consider
this letter as our statement of willingness and ability to comply with all federal, state, county, and
city requirements and laws associated with the provision of services to the City of Moab.
We invite you to contact our clients about the quality of representation that we have
provided for them. Thank you for taking the time to review our qualifications.
We hope our application is favorably considered.
Yours Truly,
COWDELL & WOOLLEY, P.C.
/s/Tracy Scott Cowdell
Tracy Scott Cowdell, Esq.
Chad L. Woolley, Esq.
32 East Main Street
Sandy, Utah 84070
Phone: (801) 550-3988
Fax: (800) 388-7054
E-mail: [email protected] or [email protected]
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STATEMENT OF QUALIFICATIONS
I.
NAME OF FIRM
COWDELL & W OOLLEY, P.C. is a small law firm with a broad background in municipal law,
criminal prosecution, and civil litigation. We focus exclusively on representing governmental
entities and we have impressive experience in justice court prosecution.
II.
LOCATION OF OFFICE
We have offices in Sandy, the City of Taylorsville, Midvale, South Salt Lake, Draper,
Herriman, Sanpete County, and Daggett County. We hope to relocate an attorney to Moab.
III.
BIOGRAPHICAL INFORMATION
All ten of our attorneys have specialized in prosecution and are in good standing with the
Utah State Bar Association. In addition, our attorneys are familiar with the statutes, court rules,
constitutional provisions, and case law relevant to municipal law. We regularly attend trainings and
conferences specific to governmental attorneys and staff, such as those held by the Utah City and
District Attorneys Association (UCDAA), Utah Association of Counties (UAC), Utah Prosecution
Council (UPC), and Utah Prosecutorial Assistants Association (UPAA), among other organizations.
Our lawyers are diverse and reflect the demographics the City of Moab. They speak several
world languages including Spanish, Portuguese, and Tagalog. They also represent a variety of
backgrounds, with attorneys from rural communities like Manti to suburban communities like
Sandy and Orem.
IV.
SUMMARY OF PROSECUTION AND CIVIL EXPERIENCE
Our firm prosecutes approximately 1,200 cases in the justice courts per month (over 15,000
cases annually). Our firm is experienced in small justice courts like the courts in Ephraim, Manila,
and Moroni, and we have the resources and experience to serve as the prosecutors for large justice
courts like our clients Midvale City and the City of Taylorsville.
V.
UNIQUE QUALIFICATIONS TO SERVE THE CITY OF MOAB
Our attorneys have experience representing municipalities that are comparable in size to the
City of Moab. Our attorneys understand how elected officials feel when stories run in the media.
They are also experienced in interacting with reporters. We have experience in federal, state, and
justice courts.
VI.
PROPOSED FEES
a. Monthly Agreement for Prosecution Services.
$3,000.00 for legal services.
Our proposed monthly fee is
b. Litigation Services. In the event that litigation counsel is needed, we can make
ourselves available from time to time to represent the City of Moab. We agree to bill
1
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the City of Moab $90.00 per hour for attorney time. We have found that $90.00 per
hour is a rate that allows us to spend the necessary time to cover issues, yet doesn’t
unduly strain our governmental clients’ budgets. Secretarial and paralegal time is
generally included in the $90.00 rate. If a secretary or paralegal is required to spend
more time than normal on a case, we bill their time at $50 per hour. We do not bill our
governmental clients for ordinary travel time.
VII.
INCLUDED SERVICES
1. Consistency with Attorneys. The same attorneys will be in the administrative offices
and the courtroom in the City of Moab so that they develop relationships with the staff
and the City officials. This presence will also ensure that our attorneys are familiar with
the legal issues, the cases and the interests of the judge.
2. Unprecedented Communication with Court and City Attorney. Our customer
service is what separates our office from any other private prosecuting law firm. We are
willing to do whatever it takes to make sure we meet our clients’ needs. To meet this
goal, we engage in frequent and consistent communication with the Court, the City
Attorney, and the City staff. We strongly encourage you to check our references. Our
references are listed below.
3. Attending Meetings. Our attorneys will attend all meetings relevant to the job.
4. Office Hours. Our attorneys will be on campus each day that Court is in session.
5. 24-Hour, 7 Days a Week Availability. Our schedule works well with the City of
Moab’s hours of operation. However, we are also available 24/7 to law enforcement
and city officials. We regularly field after-hours calls by cell phone for warrant reviews,
case reviews and to talk with officers in the field who may have a question about an
arrest or search.
6. Screenings. Our firm will screen all cases and file all cases that are not e-filed.
7. Training for Police Officers and Code Enforcement. In consultation with the
city, we will conduct formal training for officers. We will also provide on-call training
for officers in the field as needed.
8. All Legal Research Materials and Books. As part of our contract, we will provide
all periodicals and research materials.
9. Prepare and File all Documentation. We will prepare and file all appropriate
documents, including, but not limited to, informations, summonses, orders to show
cause, witness subpoenas, appearances of counsel, motions, oppositions, responses,
memoranda (supporting or opposition), writs, jury instructions, and notices of appeal.
We will also prepare and review warrants and comply with all discovery requirements.
10. Legal Training. As part of the contract, we will pay for all continuing education
requirements for our lawyers and staff.
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11. Court Appearances and Plea Negotiations. We will make all Court appearances
and negotiate all plea agreements in the justice and district courts.
12. Justice Court Re-Certification Assistance. We have experience assisting justice
courts during the recertification process and are willing to and able to get involved, if
helpful.
13. Appeals. We will represent the City in all criminal appeals from the Moab Justice
Court.
14. Regular Meetings with Stake Holders. We will hold regular meetings with the
clerks, staff from the City offices, city council members, the judge, and all law
enforcement officials to determine how we can improve our services.
15. BCI and PIMS. We are BCI-certified and utilize PIMS. We can make PIMS available
to the police department and the court clerks as needed.
16. CMS System. We have a computerized system for file, document, and notes
management for the prosecutors’ office. That system and calendar will be provided as
part of the contract. Portions of this program will be available to the Court and the
victim advocate’s office as well for no additional charge.
17. Networking. Our office has developed a political network with local municipalities,
special districts, education leaders, the county, and key legislators. These relationships
may be helpful from time to time.
18. Travel Time. We do not bill our governmental clients for travel time.
VIII. REFERENCES. See attached Appendix A for our extensive list of references.
IX.
RESUMES. Our attorneys bring a wealth of education, experience, and involvement in
their communities. See attached Appendix B for our ten attorneys’ resumes below for your review.
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Appendix A: References
4
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Current/Past Clients:
Russ Wall
Salt Lake City Director of Public Works and
Regional Development
2001 South State Street N4100
Salt Lake City, Utah 84190-3050
Phone: (385) 468-7050
Troy Walker
Mayor, Draper City
1020 East Pioneer Road
Draper, Utah 84020
Phone: (801) 576-6500
Del Craig
Former Taylorsville City Police Chief
2600 West Taylorsville Blvd.
Taylorsville, Utah, 84118
Phone: (801) 955-2000
Chief Ron Rasmussen
Ephraim Police Department
5 South Main Street
Ephraim, Utah 84627
Phone: (435) 283-4602
Larry Johnson
Mayor, Taylorsville City
2600 West Taylorsville Blvd.
Taylorsville, Utah 84129
Phone: (801) 955-2009
Chief Jim Wilberg
Mount Pleasant City Police
115 West Main Street
Mount Pleasant, Utah 84647
Phone: (435) 462-2502 ext 108
Kane Loader
City Manager, Midvale City
655 West Center Street
Midvale, Utah 84047
Phone: (801) 567-7225
Lyn Creswell
City Attorney, South Salt Lake
220 East Morris Avenue
South Salt Lake City, Utah 84115
Phone: (801) 483-6070
Court Clerks:
Andrea Anderson
Ephraim City Justice Court Clerk
5 South Main Street
Ephraim, Utah 84627
Phone: (435) 283-5123
Tami Larsen
Fairview & Moroni Court Clerk
P.O. Box 10
Moroni, UT 84646
Phone: (435) 436-8359
Other Government Related:
Jerry L. Knight
General Manager
Sandy Suburban Improvement District
8855 South 700 West
Sandy, Utah 84070
Phone: (801) 561-7662
David S. Doty, J.D., Ph.D.
Education Direction | A Cicero Group
Company
515 East 100 South, Suite 300
Salt Lake City, UT 84102
Phone: (801) 456-6795
Lisa Kocherhans
Victim Advocate, UPD
Phone: (385) 468-9446
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Criminal Defense Attorneys
Doug Stowell
Stowell & Crayk, P.L.L.C.
525 South 300 East Suite 200
Salt Lake City, Utah 84111
Phone: (801) 944-3459
Andrew B. Berry, Jr.
39 W. Main Street
P.O. Box 600
Moroni, Utah 84646
Phone: (435) 436-8200
Douglas L. Neeley
1st South Main Street Suite 201
P.O. Box 7
Manti, Utah 84642
Phone: (435) 835-5055
[email protected]
Bruce Larsen
Larsen Larsen Nash & Larsen
1750 West Research Way
West Valley City, Utah 84119
Phone: (801) 964-1200
[email protected]
Lawrence H. Hunt
355 North Main Street
Richfield, Utah 84701
Phone: (435) 896-4424
[email protected]
Lindsay Jarvis
Allan & Easton
8813 South Redwood Road #B
West Jordan, Utah 84088
Phone: (801) 375-8800
[email protected]
Judges
Judge Michael W. Kwan
2600 West Taylorsville Blvd.
Taylorsville, Utah 84118
Phone: (801) 963-0268
Fax: (801) 963-0576
Agenda
Judge Ivo Ray Peterson
Mount Pleasant City Justice Court
115 West Main Street
Mount Pleasant, Utah 84647
Phone: (435) 283-7474
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Appendix B: Resumes
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TRACY SCOTT COWDELL
32 EAST MAIN STREET, SANDY, UTAH 84070 • cell: 801.550.9864 • home: 801.566.4287 • e-mail: [email protected]
PROFESSIONAL EXPERIENCE
Partner, COWDELL AND WOOLLEY, P.C., Sandy Utah (2001-Present)
• Areas of emphasis include: all areas of representation of governmental entities
• Represented public and elected officials in their official capacity
• Daily experience with negotiation, collaboration, and problem solving
• Practice includes GRAMA, Utah Open Meeting Act, Employee Ethics Act, land
use, the state procurement code, prosecution, and other governmental related
regulation
• Clients include: Sandy Suburban Improvement District, South Valley Water
Reclamation Facility, and Taylorsville City.
Chief Operations Officer, Advanced IT Solutions, Inc., Sandy, Utah (1998-2001)
• Co-founder and Principal
• Proficient in MS Office, the Internet, LAN/WAN management, and other
technology applications
• Liaison between company management and technical support team
EDUCATION AND CREDENTIALS:
Juris Doctorate, (2001) J. Reuben Clark Law School, Brigham Young University
• Faculty Award for Meritorious Achievement and Distinguished Service
• Extern in Chief Judge Dee Benson’s Office, U.S. District Court
• Trained in mediation, negotiation, and meeting facilitation
• Member of the Alternative Dispute Resolution Society
Bachelor of Science, (1997) summa cum laude, University of Utah
• Political science and sociology (double major) certified in criminology and
corrections
• GPA 3.93 (top one percent)
• Sociology Scholar and Scholarship
• Alpha Kappa Delta sociology honors
• Member of Golden Key and Phi Beta Kappa Honors Societies
• Research, writing, and publishing experience
PUBLIC AND VOLUNTEER SERVICE:
Member, Canyons School District Board of Education, Sandy Utah (2008-Present)
• President, Canyons School District Board of Education, Sandy Utah (2008-2012)
• Key member in creating Utah’s first new school district in 100 years
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•
•
•
Strategic planning, including the hiring of the district’s first superintendent;
planning for successful passage and implementation of $250 million construction
bond, and developing programs that enhance the academic performance for all
students
Community building, developed key partnerships between school district, city and
legislative leaders and business community
Skilled diplomat, collaborator, negotiator and communicator
Vice President, Jordan School District Board of Education, Sandy Utah (2007-2009)
• Daily interaction with public as an elected official
• Leadership of a sizeable organization (the largest school district in state at the
time)
• Instrumental in bringing stakeholder groups together
Chairperson, Sandy Elementary School Community Council
• Leadership at a school level, heading committee of parents, teachers, and
principal
• Oversight of fundraising
• Worked to identify and close the school’s gaps in student achievement
• Increased community engagement and parental involvement at the school
Chairperson, Sandy Elementary School Trust Land Committee
• Implemented sound fiscal policy in prioritizing needs of school
• Maximized efficient use of resources to promote excellence in teaching and
learning
• Participation with others in planning and decision-making
Director, Community Mediation Center, Provo Utah (2000-2001)
• Co-founder and director
• Oversaw daily operations of the center
• Facilitated meetings, group presentations, strategic planning, goal setting, and
fund raising
• Taught dispute resolution and conflict management
• Member, board of directors (2000-2004)
Member, Board of Adjustment, Sandy City (2004-2008)
• Served on quasi-judicial board hearing complex land use matters
• Issued findings regarding variances, special exceptions, etc
Member, CDBG Sandy Citizen Committee, Sandy City, Sandy, Utah (1997-2004)
• Reviewed grant applications for Sandy City Council
• Recommended allocation of Community Development Block Grant funds
ADDITIONAL EXPERIENCE VOLUNTEER SERVICE:
Stake President, Sandy Utah West Stake, Sandy Utah (2009-Present)
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LDS Bishop, Sandy Utah West Stake, Sandy Utah (1997-2004)
Campaign Manager, Sandy City Council members (1993 and 1997)
Assistant Coordinator, Historic Sandy Neighborhood Watch (2002-Present)
Institutional Head, Boy Scouts of America troop 1231 (1997-2004)
Member and General Counsel, Sandy Museum Foundation (2003-2004)
Board Chair and General Counsel, Gateway to Canine Partnerships (20052006)
General Counsel, Ute Conference Football League (2009-Present)
Internship, Hinckley Institute of Politics, Sandy City (1997)
AWARDS:
Sandy City’s Outstanding Elected Official Award (2010)
Service Provider of the Year, City of Taylorsville (2011)
Sandy City’s Outstanding Service Award (2012)
AFFILIATIONS:
Utah Association of Special Districts
Parent Teacher Association and Parent Teacher Student Association
J. Reuben Clark Law Society
Salt Lake County Bar Association
Utah Bar Association
Utah Prosecution Council
BYU Alumni Association
Utah Alumni Association
Utah School Boards Association
Canyons Education Foundation
SKILLS AND INTERESTS:
Technology, the arts, HARLEY-DAVIDSON® motorcycles, and Muscle cars
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Chad Lyle Woolley
Armknecht & Cowdell, PC.
[email protected]
32 East Main
Sandy, Utah 84070
(801) 550-3988
PROFESSIONAL SUMMARY
Attorney-at-Law with criminal trial experience combining superior technology expertise with
excellent interpersonal and communication skills. Demonstrated ability to find, create, motivate,
and lead productive teams. High-caliber presentation, negotiation and closing skills. Solid
experience joined with a world class education. Seeking opportunities where I can contribute
with my unique abilities as well as enhance my trial and litigation skills.
Career Experience
MIDVALE CITY
City Attorney Services
July 2014 - Present
DRAPER CITY, SOUTH SALT LAKE CITY, MIDVALE CITY
Prosecution Services
Apr 2014 - Present
TAYLORSVILLE CITY – “Outstanding Service Provider 2010”
Salt Lake County, Utah
Aug 2010 – Present
EPHRAIM, FAIRVIEW, FOUNTAIN GREEN, MORONI & SPRING CITIES,
Sanpete County, Utah
Mar 2002 – Present
City Prosecutor
• Misdemeanor litigation. Trial work, Plea Negotiations, Liaison to Police Officers. Police
Officer seminars and training. Various civil duties as needed.
COWDELL & WOOLLEY, PC
Sandy, Utah
June 2006 – Present
• Partner. Justice Court Prosecution. Civil Litigation. Governmental Entity Representation.
Technology and Business Law.
ZOLL & TYCKSEN, LC
Murray, Utah
January 2005 – June 2006
• Associate. Justice Court Prosecution. Civil Litigation. High dollar business litigation.
CHAD L. WOOLLEY, PC
Payson, Utah
October 2001 – December 2004
• Sole Practitioner. Justice Court Prosecution, Collections, Litigation, General practice.
RADER FISHMAN & GRAUER, PLLC
South Jordan, Utah August 2001 – December 2002
Of Counsel
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•
Patent drafting and prosecution under the direction of Steve Nichols, Esq.
LARSEN AND RAMMELL, Attorneys At Law
West Valley City, Utah
October 2001 – 2002
Of Counsel
• Criminal defense and trial practice for West Valley City. Considerable client interaction.
Substantial communication and negotiation with prosecutor’s office.
ADVANCED IT SOLUTIONS, INC.
Sandy, Utah 1998 – 2003
Founded the company. Responsible to investors for business success. Main areas of
responsibility include recruiting and training top notch technicians and promoting and selling
AITS’s services.
• Starting with zero customers, built a customer base of over 50 companies by building a
strong rapport with potential customers and providing unparalleled customer service to
clients.
• Contracted as Chief Technical Officer for Industrypro.com. Interfaced with company
President on issues of strategy, management and budgeting. Responsible for design,
structure and implementation of IT infrastructure as well as creation and management of
development team.
• Developed custom databases, programs and websites for many clients. Consulted with
clients on how to integrate technology to increase productivity and bring in more revenue.
MOSBY MATTHEW BENDER
Provo, Utah June 1996 – August 1998
Systems Architect
Responsible for IT functions in enterprise locations across the US. Supervised IT managers and
staff at 6 locations. Responsible for integrity and functionality of WAN/LAN integration.
Functioned as troubleshooter within the corporate organization (20+ offices).
• This position was created at my suggestion. The company was experiencing considerable
problems integrating newly purchased companies. Created one smoothly functioning team
from many, individual, feuding IT teams. Interpersonal skills were essential.
• Worked on team implementing Citrix Winframe project across the organization. Responsible
for custom programming and scripting, mainly for security.
Education
JURIS DOCTORATE
J. Reuben Clark Law School, BYU
2001
Provo, Utah
BACHELOR OF SCIENCE, DESIGN ENGINEERING TECHNOLOGY
Brigham Young University
1991
Provo, Utah
HIGH HONORS, COLLEGE PREP.
Spanish Fork High School
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1984
Spanish Fork, Utah
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Strengths
•
•
•
•
•
Excellent Communication Skills
Positive Attitude/Self Starter
Strong People Skills
Strong Leadership Abilities
Exceptional Work Ethics
•
•
•
•
•
Thorough and Accurate
Strong technical skills
Enjoy dealing with people
Excellent Advocacy Skills
Highly Motivated
Other
•
•
•
•
•
•
•
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Served as Co-Director of a non-profit community mediation center in Orem, Utah. Served
on the Board of Directors for 5 years.
Member of the Murray Chamber of Commerce Board of Directors. Board member since
2005.
Member of the Murray Exchange Club. www.murrayexchangeclub.org
Experienced in mediation, negotiation, meeting facilitation and member of the ADR Society.
Fluent in Swedish. Can read and understand spoken Spanish.
Own a Yamaha YZ 400 F, four-stroke dirt bike. Own a 2008 Harley Davidson Fat Boy.
Very fast learner. My interest in technology is insatiable. I love to work on cutting edge
stuff.
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STEPHEN K. AINA
8756 S. 620 E., Sandy, UT 84070 | H: 801.561.5272 | C: 801.413.6093 |
[email protected]
PROFILE SUMMARY
Strong leadership/management skills and experience, Selfstarter, Hardworking, Outstanding interpersonal skills, Well
versed in all aspects of criminal law, procedure, evidence, and
courtroom practice, Positive, Ambitious, Able to think quicklyon-feet, Preparation-minded, Thrives in challenging and
demanding environments, Service oriented.
RELEVANT PROFESSIONAL EXPERIENCE
COWDELL & WOOLLEY, P.C.
(2011 – Current)
LEAD PROSECUTING ATTORNEY – Taylorsville, UT
- Supervision of Criminal Prosecution and related matters for
the City
- Experienced and highly effective in Pre-trial negotiations,
and Bench and Jury Trial practice and preparation.
- Created procedures for handling Expungement Petitions, Bail
Bond Forfeitures, Special Writs, and other less known but
essential prosecutorial responsibilities.
- Exceptional Motion and Brief Writer, with particular skill
in persuasive clarity and logical progression.
Highlights
- Attorney Member of the State of Utah Bail Bond
Surety Oversight Board (Appointed July, 2014, by State
of Utah Insurance Department Commissioner)
o Work with Board, Insurance Dept., and AG’s Office to
improve legislation, compliance, and screening related
to Bail Bond Surety posting, standards, and forfeiture
in criminal matters.
- Member, Misdemeanor Legislative Action Committee
(MISLAC)
o Further State policies and objectives by evaluating and
proposing legislation and modification of statutes that
address misdemeanor criminal offenses, their elements,
and related penalty enhancement provisions.
- Obtained Key Jurisdictional Ruling in Favor of
Briefed Position in 2014 regarding municipal codes,
preventing the possibility of hundreds of criminal
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justice court convictions being incorrectly reopened and
retroactively dismissed.
CIVIL PRACTITIONER, ASSOCIATE – in Salt Lake and Utah
Counties, UT
- Experience and understanding in handling private, business,
and governmental cases and legal matters in the following
areas of law:
o GRAMMA and Open Meetings Act
o Political Subdivision representation
o Employment and Administrative Law
o Contracts and Interlocal Agreements
o Business Creation and Associations
o Municipal Leadership and Council Structure
o Debt Collection – private and corporate
o Property Rights and Recording
o Family Law (divorce, decree modification, mediation,
custody disputes)
o Wills, Trusts, Estate Planning, and Probate
EDUCATION
- Juris Doctorate – 2013 – J. Reuben Clark School of Law,
Brigham Young University
- B.S. in Psychology – 2003 – Brigham Young University
- Two years, US Air Force Academy – Dean’s List,
Commandant’s List, Athletic Director’s List,
Superintendent’s List, Honorable Discharge
PERSONAL INTERESTS AND SERVICE EXPERIENCE
Volunteer Assistant Coach for Blue Knights youth competition
soccer team
Firearm Safety/Handling Instruction, NRA Instructor, Utah
Concealed Carry Instructor
Volunteer Sandy City Recreation youth soccer and basketball coach
Volunteer math tutor for college, and junior high math students
Local Church service
Local Home Owners’ Association Board Member, President
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IVY TELLES
4667 S. Montego Place, Salt Lake City, Utah 84117
(951) 805-6583, Email: [email protected]
Utah Bar Member #14498
EDUCATION
J. Reuben Clark Law School, Brigham Young University — Provo, UT
Juris Doctor, December 2012
• Dean's Honor List
• AAJ Regional Trial Advocacy Competition 2012, Semi-Finalist; Linda G. Anderson Trial
Advocacy Competition 2011, Finalist; Woody Deem Trial Advocacy Competition 2011,
2ndPlace
• Vice Magister Phi Delta Phi Sutherland Inn 2012, BYU Law Minority Law Student
Association Board 2011, BYU Law Alternative Dispute Resolution Board 2011, American
Association for Justice member, J. Reuben Clark Law Society member
University of California, Irvine — Irvine, CA
Bachelor of Arts in Criminology Law & Society, December 2008
• Dean's Honor List, Golden Key International Honor Society, Pre-Law Society
EXPERIENCE
Taylorsville City Prosecutor's Office — Taylorsville, UT
Assistant City Prosecutor, January 2013 to Present
• Prosecute traffic and misdemeanor cases, conduct legal research, and write motions and
responses to motions on criminal matters, restitution, and bail bond forfeiture proceedings.
• Screen police reports for possible criminal charges.
Saratoga Springs City Attorney's Office — Saratoga Springs, UT
Law Student Extern, September 2012 to December 2012
• Settled traffic cases, conducted legal research and wrote memos for City Attorney.
West Valley City Prosecutor's Office — West Valley City, UT
Law Student Extern, May 2012 to August 2012
• Tried several traffic and misdemeanor bench trials, handled many criminal pretrial
conferences, settled numerous traffic arraignments, negotiated with many defendants and
defense attorneys, and represented the city in administrative code enforcement hearings.
• Legal research and writing memos for attorneys concerning criminal law issues.
Provo City Justice Court and Orem City Justice Court — Provo and Orem, UT
Law Student Extern, August 2011 to December 2011
• Legal research and writing for Provo's Judge Rick Romney and Orem's Judge Reed Parkin.
Riverside District Attorney's Office — Riverside, CA
Law Student Extern, May 2011 to August 2011
• Wrote motions, responses, and memos for deputy district attorneys in the office, worked
closely with Factual Innocence cases and victims.
• Worked closely with veteran prosecutor John Aki on gang capital murder case.
Utah County Attorney's Office — Provo, UT
Law Student Extern, April 2011 to May 2011
• Drafted motions, responses, and memos for attorneys in the office.
• Researched various legal issues for attorney's in the office.
SKILLS
Languages: English, Spanish, Portuguese.
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Niel Henry Lund
PO Box 248, Manila, UT 84046 - (435) 851-3829 - [email protected]
EDUCATION
Creighton University School of Law, Omaha, Nebraska
Juris Doctor, May 2008
Honors and
J. Reuben Clark Law Society, President 2006/2007
Activities:
Moot court participant, Moot Court bailiff, LexisNexis and Westlaw certified
Brigham Young University – Hawaii, Laie, Hawaii
Bachelor of Science, International Business Management, cum laude, June 2005
Honors and
Phi Kappa Phi Honor Society
Awards:
Awarded academic scholarships for academic achievement
Snow College, Ephraim, Utah
Associate of Arts, General Studies, summa cum laude, May 2003
Awards:
Awarded academic scholarships for academic achievement
EXPERIENCE
Cowdell & Woolley, PC – Sep. 2013 – Present
Through a contract between our firm and Daggett County, I handle all of the responsibilities of the
Daggett County Attorney, including all criminal prosecution and all civil matters.
Niel H. Lund, PC Sep. 2009 – September 2013
Attorney at Law
Manage cases in a variety of legal areas, such as Bankruptcy, Collections, Probate, Divorce, Child
Custody, & Adoption. Justice Court Prosecution for the cities of Ephraim, Fairview, Fountain Green,
Moroni, Spring City, & Taylorsville, Utah. Responsible for all aspects of prosecution, from screening
through trial.
United States Navy Reserve Oct. 2002 – Present
Cryptologic Technician Interpretive, 1st class
Philippine language linguist. Translate needed documents from Tagalog and Tausug languages into
English. Acting Division Chief of my division, lead and support 7 sailors who report to me.
* TS/SCI Security Clearance granted 15 Dec 2011 – CI Polygraph, 24 Feb 2012
Navy Instructor. Train sailors of all rates and pay grades on the Navy’s alcohol and Drug abuse
policy, as well as other General Military Training topics.
Vannova Legal, PLLC Oct. 2012 – Jan. 2013
Managing Partner
Manage firm caseload in areas of Bankruptcy and Collections. Oversee work of one junior associate,
a paralegal, and a case manager.
Teraflex, Inc. Sep. 2009 – Jan. 2010
Project Manager
Managed implementation of the 5S system to improve manufacturing & production efficiency.
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Snow & Associates, LLC Aug. 2008 – Sep. 2009
Associate Attorney
General Practice Law. Managed cases in a variety of legal areas, such as Divorce/Child Custody,
Probate & Estate Planning, Contracts, Collections, Bankruptcy, and Real Property.
Katskee, Henastch, & Suing Apr. 2007 – Apr. 2008
Law Clerk
Assisted with legal research, drafted complaints, interrogatories, & deposition questions. Attended
depositions, helped with trials, wrote memorandums & reports.
LexisNexis Aug. 2006 – Apr. 2008
Student Representative
Assisted students with legal research using LexisNexis, as well as maintained LexisNexis property
such as printers, paper, and other supplies used in on-campus LexisNexis computer labs.
Polynesian Cultural Center Jan. 2004 – June 2005
First Aid Specialist/ Security Guard
Responded to first aid needs of guests and employees at the center, Red Cross CPR/First Aid
certified. Inspected materials brought into and out of the center for contraband.
Sanpete County Broadcasting Company Sep. 2001 – May 2003
Radio Board Operator
Controlled the flow of on-air radio traffic during radio broadcasts of local sporting events. Ensured
advertisements were accurately played. Acted as Color Commentator for one local high school
basketball game.
Rick Christensen Construction Company May 1996 – Sep. 1999 & Sep. 2001 – May 2003
Construction worker
Built residential homes in rural community from the ground up, including cement work for the
foundations, framing, roofing, flooring, painting, etc.
VOLUNTEER WORK
The Church of Jesus Christ of Latter Day Saints Sep. 1999 – Sep. 2001
Missionary – Philippines, Quezon City Mission
Supervised and managed 6-12 other missionaries, conducted weekly training. Worked daily among
the Filipino people, meeting with and teaching them in their native Tagalog language.
Flaming Gorge Country Community Foundation May 2014 – Present
Co-Chairman of an advisory committee known as the Flaming Gorge County Community
Foundation. Develop, raise funds, and recommend projects that will benefit Daggett County to the
Community Foundation of Utah, a non-profit corporation.
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HANNAH M. VICKERY
379 E A ST 600 SOU TH # 17 SA L T L A K E CITY , U T 84111
P HONE 435- 840- 2828 ! E - M A IL : HA NNA H. V ICK E RY 17@GM A IL . COM
LICENSU RES & EDU CAT IO N
Utah State Bar License to Practice Law
University of Utah S.J. Quinney College of Law, Salt Lake City, UT
Juris Doctorate, May 2013
Graduated with Honors
GPA: 3.6 (Top 25%)
Honors: Outstanding Achievement Award in Evidence
David T. Lewis Clinical Award for Class of 2013
Golden Gate University School of Law, San Francisco, CA
2010-2011
Class Rank: Top 22% (65/297)
Honors: CALI Excellence for the Future Award in Lawyering: Youth Law
Witkin Award for Academic Excellence in Criminal Law
CALI Excellence for the Future Award in Legal Writing and Research I
University of Utah, Salt Lake City, UT
Bachelor of Science in Chemistry with an emphasis in Biological Chemistry, May 2009
W O RK/ LEGAL EX PERIENCE
Cowdell & Woolley PC, Prosecutor
Utah, June 2014- Present
• Represent municipalities in the prosecution of criminal misdemeanors
Governor’s Office of Economic Development, Assistant M anager of Contracts and Policy
Salt Lake City, UT Nov. 2013- M ay 2014
• Provide legal and policy support including tracking and restructuring new laws, assessing the
legal ramifications of proposed statutes, as well as drafting and rewriting prospective
legislation.
•
Administer legal contracts for the office and examine corporate contracts involving state
incentives for their legal validity and general legal concerns in addition to counseling on
policy considerations for economic development within the state. Draft legal contracts for
economic development tax incentives.
Coordinated a multi-billion dollar economic development project including drafting and
editing of documents and facilitating negotiations between city, county, and state officials.
U.S. Attorney’s Office, District of Utah, Law Clerk Practitioner
Salt Lake City, UT, Sept. 2012- M ay 2013
• Prosecuting misdemeanor cases: full trial preparation and presentation including witness
preparation, composing pretrial motions and briefs, direct and cross examination of
witnesses, and presenting opening statements and closing arguments. Assisting in the
development of an integrated system to allow cases to be handled by law school students.
•
o U.S. v. Corbett, 2:12-cr-00670-RTB – successfully argued and won motion to suppress in
federal criminal drug case
o U.S. v. Zander, 2:10-cr-01088-DN-EJF – assisted with felony white collar jury trial resulting in
convictions on all 8 counts
o U.S. v. Lee, 2:12-po-00608-RTB– successfully presented and won bench trial involving
prohibited discharge of a firearm
o U.S. v. Fronk, 1:13-po-00008-DBP- successfully argued to uphold the constitutionality of
criminal statute and conducted criminal bench trial
University of Utah Technology Commercialization
Contract Legal Associate
Page 41 ofOffice,
112
Salt
Lake
City,
UT,
April
2012-Jan.
2013
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• Drafted, reviewed, and negotiated contracts, including material transfer agreements and
prohibited discharge of a firearm
o U.S. v. Fronk, 1:13-po-00008-DBP- successfully argued to uphold the constitutionality of
criminal statute and conducted criminal bench trial
University of Utah Technology Commercialization Office, Contract Legal Associate
Salt Lake City, UT, April 2012-Jan. 2013
• Drafted, reviewed, and negotiated contracts, including material transfer agreements and
confidential disclosure agreements. Filed copyright and trademark registrations and
extensions.
Judge Dee Benson, U.S. District Court, District of Utah, Judicial Intern
Salt Lake City, UT, Jan. 2012-April 2012
• Drafted court documents, including bench memorandum, orders, and opinions. Provided
analytical reasoning and conducted legal research to formulate and produce a concise
explanation to legal questions presented to the court. Worked with law clerks and the Judge
in identifying key issues in cases and sorted through evidentiary issues before the court.
U.S. Attorney’s Office, District of Utah, Law Clerk
Salt Lake City, UT, M ay 2011 – Aug. 2011
• Legal research and analysis; drafted court documents including motions, responses to
motions, informations, and prosecution memos; worked collaboratively with attorneys to
clarify and resolve evidentiary discrepancies; and identified appropriate statutes to make
charging decisions.
Judge M emorial Catholic High School, Chemistry Teacher & Head Girls’ Cross Country Coach
Salt Lake City, UT, Aug. 2009 - June 2010
• Provided classroom management; curriculum development; creative lesson planning; safe
laboratory practices; developed and prepared laboratory experiments; and effective
communication with students, parents, and faculty.
•
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Developed training schedules; maintained a financial budget; coordinated race events and
travel; communicated with athletes, parents, & coaches.
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Lisa A. Garner
11106 Haw kw ood Drive
Sandy, Utah 84094
(801) 360-5959
EXPERIENCE:
COWDELL & WOOLLEY, P.C. Salt Lake City, Utah
Associate Attorney, April 2014 to Present
Prosecution of misdemeanor and traffic cases; First chair trial experience in
misdemeanor cases. Oral and Written argument of pre-trial and responsive motions.
Prepare witnesses for trial. Screen cases for filing of criminal charges. Work closely with
law enforcement agencies and victim advocates.
COOPER LAW, PLLC., Salt Lake City, Utah
Associate Attorney, December 2011 to December 2013
Criminal defense of felony and misdemeanor matters. First chair trial experience in a
wide range of felony and misdemeanor cases. Oral argument (motion and trial
argument). Written practice (motions, written discovery, memoranda). Pre-trial work
(prepare witnesses for testimony, including experts in medical and scientific fields,
create jury blueprint, trial strategy, and argument). Evidentiary hearings, case evaluation,
and settlement negotiation. Trial Preparation including: Motions in Limine, questioning
friendly and adverse witnesses, jury evaluation and strategy, voir dire.
U TAH S TANDARD T ITLE I NSURANCE AGENCY, I NC., Orem, Utah
General Counsel/Co-Owner April 2003 to April 2011
Areas of Practice:
Title Insurance; Real Estate Closings; Licensed Title and Escrow
Officer; Real Estate Transactional Law.
Litigated title insurance claims; Maintained relationship with title insurance
underwriters; Property law and day-to-day practice encompassing countless real estate
closings, real property abstract searches, and evaluations/resolution of issues regarding
marketability of title. Well versed in short sale and loan workout transactions. Qualified
by Fourth District Court of Utah as an expert witness and provided trial testimony
subject to vigorous cross-exam regarding wrongful lien litigation.
Client Development, Retention and Marketing:
Extensive one-on-one client contact. Implement marketing business and client
development plans. Manage day to day operations of title company. Provide continuing
real estate education classes to clients. Continual client development and marketing.
Assist clients in their own business efficiency and productivity. Speaking engagements,
preparation and presentation at lectures and seminars for attorneys, title and escrow
officers, real estate agents, loan officers, appraisers, and other real estate professionals.
E QUITY T ITLE AGENCY, I NC., Orem, Utah
Associate General Counsel, November 1999 to April 2003
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Areas of Practice: Title Insurance; Real Estate Closings; Licensed Escrow Officer; Real
Estate Transactional Law;
S ALT LAKE LEGAL D EFENDER’S ASSOCIATION, Salt Lake City, Utah
November 1998 to November 1999
Areas of Practice:
Criminal Defense.
Maintained misdemeanor caseload of approximately 75-100 clients at all times. First chair
trial experience; Second chair felony child abuse homicide and aggravated sexual abuse
of a child.
CORBRIDGE B AIRD & CHRISTENSEN, Salt Lake City, Utah
October 1997 to November 1998
Areas of Practice: Personal Injury; Title Insurance; Real Estate; Construction Law;
Domestic Relations; and Collections.
Broad litigation practice. Significant deposition experience (taking, defending, and
preparing fact and expert witnesses). Lead counsel on numerous personal injury cases;
Extensive contract litigation and negotiation; Handled all stages of title insurance
defense claims; Legal research. Draft pleadings. Conduct/manage extensive discovery;
Child Abuse and Neglect Defense.
EDUCATION
J. R EUBEN CLARK LAW S CHOOL , B RIGHAM YOUNG U NIVERSITY, Provo, Utah
Juris Doctorate, December 1996
_
_
_
_
Finalist, Oral Argument - First Year Moot Court Competition
Top 5 Brief & Oral Argument Combined Score - First Year Moot Court
Competition
Second & Third Year Moot Court Team Member
Member - Women’s Law Forum
UNIVERSITY OF UTAH, Salt Lake City, Utah
Bachelor of Science, June 1993
_
Sociology Major
WESTMINSTER COLLEGE, Salt Lake City, Utah
Legal Assistant Certificate Program, June 1989
_
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Received Certification as Legal Assistant from National Association of Legal
Assistants (NALA), March 1990
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SUMMER D. SHELTON
220 E. Morris Avenue – Suite 200, South Salt Lake City, UT 84115
Tel 801.483.6070 • Fax 801.464.6791 • [email protected]
LEGAL EXPERIENCE
Shelton Law Salt Lake City, Utah
Owner, August 2009 – May 2014
♦ Practice concentrated on trial work, including criminal and civil litigation in justice and district courts
throughout Utah, including Davis, Salt Lake, Weber, Cache and Utah Counties.
♦ Second-chaired trial resulting in client’s acquittal on two counts of second degree sexual abuse of a
child.
♦ First-chair criminal trial experience includes cases involving possession and distribution of controlled
substances, sexual abuse and assault, robbery, DUI, domestic violence and sexual exploitation of
children.
♦ Primary trial responsibility for hundreds of cases.
McCormick, Hancock & Newton Houston, Texas
Associate Attorney, April 2008 – July 2009
♦ Advised clients on wide range of legal matters, including labor and employment issues, employee
grievances and terminations.
♦ Represented business clients in breach of contract claims, tortuous interference with business relations,
exclusivity and non-competition agreements and insurance coverage disputes.
♦ Extensive experience in negotiations, depositions, administrative hearings and trial work in both state
and federal courts.
Lokken & Associates, P.C. Salt Lake City, Utah
Associate Attorney, March 2006 – October 2007
♦ Extensive trial experience as defense counsel for indigent parents in abuse, neglect and dependency
cases.
♦ Responsible for all stages of litigation, including drafting pleadings, depositions and discovery,
research, settlement conferences, evidentiary hearings, trials and appeals.
Miller Vance & Thompson, P.C. Park City, Utah
Contract Attorney and Associate Attorney, 2004 – 2006
♦ Represented clients in litigation matters involving real estate and corporate transactions and criminal
defense.
♦ Deposed clients and witnesses, filed and argued variety of motions, and appeared in court for hearings
and trials in federal and state courts.
LICENSES
♦
Admitted to Practice: Texas (2003 - Inactive) and Utah (2004)
EDUCATION
University of Houston Law Center (Houston, Texas)
Doctor of Jurisprudence (May 2003)
♦
Top Third of Class
♦
Order of the Barristers
♦
National Moot Court Team
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Utah State University (Logan, Utah)
Bachelor of Science, Political Science (May 2000)
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Aaron McKnight
474 N 1000 E, Spanish Fork, UT 84660 — (801)636-0965 — [email protected]
Utah Bar # 14715
Education
J. Reuben Clark Law School, Brigham Young University (Provo, UT)
Juris Doctor, cum laude, April 2013 – GPA 3.50
- 2012-2013 BYU Law Review Senior Editor
- 2011-2012 BYU Law Review Associate Editor
- Dean’s List: Winter 2011, Fall 2011, Winter 2012, Fall 2012, Winter 2013
- Published Article: Privacy Rights Left Behind at the Border: The Exhaustive, Exploratory Searches
Effectuated in United States v. Cotterman, 2012 BYU L. REV. 519
- Published Article: Jury Nullification as a Tool to Balance the Demands of Law and Justice, 2013
BYU L. REV. 1103
Brigham Young University (Provo, UT)
BA, International Relations – Minor in Portuguese, April 2008 – GPA 3.67
Employment & Experience
Cowdell & Woolley, PC – Taylorsville & Midvale, UT
Prosecutor & Municipal Attorney
August 2014 – Present
Utah Fourth District Court – Spanish Fork & Provo, UT
Law Clerk/Bailiff (Judge Eyre)
Orem City Attorney’s Office – Orem, UT
Law Clerk Intern
August 2013 – August 2014
September 2012 – December 2012
Unites States Attorney’s Office – Salt Lake City, UT
Law Clerk Intern – Narcotics Unit
Provo City Justice Court – Provo, UT
Law Clerk Intern
May 2012 – August 2012
January 2012 – April 2012
Summit County Attorney’s Office – Park City, UT
1L Law Clerk Intern – Criminal Division
June 2011 – July 2011
Utah First District Court – Logan, UT
1L Law Clerk Intern
May 2011 – June 2011
Service
Timpanogos Gem and Mineral Society
President
January 2014 – Present
Model Jury Instructions Committee for the Utah Criminal Code
Student Committee Member
April 2012 – April 2013
Interests
- Hobbies include hiking, playing football, camping, rock climbing, traveling, and reading
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11517 S. Field Haven Way
South Jordan, UT 84095
Stephanie A. Nate
Utah Bar Member #: 15208
(801) 631-7718
[email protected]
PROFESSIONAL LICENSES & AFFILIATIONS
Utah State Bar Association – Admitted 2014; active
Utah State Bar’s Litigation Section – 2014
Utah State Bar’s Criminal Law Division - 2014
Utah State Bar’s Young Lawyer’s Division - 2014
Women Lawyers Association – 2014
Salt Lake County Bar Association – 2014
Central Utah County Bar Association – 2014
EDUCATION
Arizona Summit Law School, Phoenix, AZ
Juris Doctorate, April 2014 – Cum Laude
GPA:
3.35/4.0
Honors:
CALI Award Recipient, Civil Procedure
CALI Award Recipient, Lawyering Process III
Recipient of Merit Scholarship
Recipient of Castro Scholarship
Phoenix Law Review Comment Publication – Volume 6, Number 3, Spring 2013
Dean’s List, Spring 2013, Fall 2013
Community Service Certificate for Pro Bono Service
Activities:
Arizona Summit Law Review, Staff Editor, 2012. Senior Technical Editor, 2013- 2014
J. Rueben Clark Law Society, Phoenix School of Law Chapter, Secretary, 2012-2013
Phoenix Law Women’s Association, Member
J. Rueben Clark Law Society, Member
Brigham Young University, Provo, UT
Bachelor of Arts in Communications: Public Relations, Minor in Political Science, December 2010
GPA:
3.7/4.0
Honors: Dean’s List
Academic Scholarship Recipient
Activities:
BYU Pre-Law Review, Editor
Pre-Law Student Association, President
Bela Gallery Art Studio Public Relations, Campaign Volunteer
Public Relations Student Society of America, Member
LEGAL EXPERIENCE
September 2014 - Present
Cowdell & Woolley, P.C.
Deputy City Attorney
Assistant City Prosecutor
Review and edit legal documents, including real estate purchase and sale transactions and amendments, contracts, and city
communications. Conduct legal research on a variety of legal subjects, including contracts, telecommunications franchise,
real estate transaction closing documents, and mayoral veto powers. Supervise real estate transaction closings.
Coordinate with city administrators, staff, and outside counsel regarding contract negotiations and finalizations. Attend
city council meetings. Draft various legal documents, including legal memos, contracts, real estate purchase and sale
agreements and amendments, resolutions, ordinances, and annual audit response letters. Prosecute traffic and
misdemeanor cases. Conduct pretrial conferences and negotiations with defendants and defendant’s counsel. Conduct
plea and plea in abeyance negotiations. Conduct arraignments. Prepare for and represent the city in assigned bench trials.
Represent the city in Orders to Show Cause and Reviews. Screen cases for potential prosecution on criminal charges.
Draft probable cause statements to be included in Informations. Prepare and file Informations and other court documents.
Review plea in abeyance agreements for compliance and dismissal. Conduct legal research.
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January 2014 – April 2014
Rule 38-Certified Practitioner
Glendale City Prosecutor’s Office – Glendale, AZ
Avondale City Prosecutor’s Office – Avondale, AZ
Prepared for and represented the city in misdemeanor criminal trials. Researched various legal issues for assigned trials,
including applicable case law and rules of evidence. Prepared trial notebooks for assigned trials. Met with and
interviewed witnesses for trials. Conducted pre-trial conferences with various defendants. Conducted arraignments.
Attended mental health court staff meetings and subsequent hearings, as well as other court proceedings.
Law Clerk
United States Attorney’s Office – District of Utah, Salt Lake City, UT
May 2013 – August 2013
Researched various legal issues and drafted court documents related to that research. Drafted and prepared documents
related to international requests made pursuant to numerous Mutual Legal Assistance treaties. Attended strategy
conferences with division attorneys, phone conferences with witnesses, and defendant interviews. Worked with DEA
agents to gather and organize evidentiary information. Attended various court proceedings, including motion hearings,
grand jury selection, status conferences, sentencing hearings, and plea hearings.
Legal Intern, Commissioner Patricia Starr
Maricopa County Superior Court of Arizona, Phoenix, AZ
February 2013-May 2013
Observed various court proceedings, including criminal trials, settlement conferences, scheduling conferences, and bond
hearings. Researched legal issues and wrote legal memoranda regarding legal issues to assist Commissioner Starr in
deciding several matters.
Teaching/Research Assistant, Lawyering Process Program
Arizona Summit Law School, Phoenix, AZ
August 2012-April 2014
Prepared and taught first-year students Bluebook citation style. Researched and wrote model memos and motions for
grading purposes. Aided in grading student exercises and quizzes.
Legal Assistant, Washington Seminar Program
Rosenau & Rosenau, Attorneys at Law, Washington, D.C.
April 2009-August 2009
Conducted extensive legal research using the Lexis Nexis database. Drafted various court documents, including motions,
briefs, and interrogatories. Maintained open communication with clients. Attended and took notes regarding client
conferences. Prepared evidence for trials.
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In reference to Cowdell and Woolley law firm.
I spoke with Chief Jack Carruth of South Salt Lake. He said the following:
he was happy with the service from this firm, the victims advocates were
happy working with this firm, the attorney for this firm has good
communication with the police staff. He also said that the attorneys were
open to change, overall very happy and satisfied with this firm. Chief
Carruth said that he would be happy to be a reference for this team.
I spoke with Chief Byan Roberts of Draper City Police. He said the
following: He was happy with the service provided by this firm. Very
accessible, can call anytime day or night, officers like her. Their
representative is Sommer Shelton. He said that they have contracted with
Cowdell and Woolley for about four months. The office space is provided
by the City of Draper. The Police, Court, and attorneys are all in one
building. Do not know if the firm is charged for space. Chief Roberts also
told me that this firm was recommended by Chief Jack Carruth. Chief
Roberts stated that he would be a reference for this law firm.
I called Chief Dwayne Anjewierden of Herriman City Police. He was not
available and I spoke with his administrative secretary. She told me that the
department was ridiculously happy with the service they were getting from
this firm. She said that the victim advocates were happy with the
prosecution of domestic violence cases. She told me that the computer
system they provide works well for, secretary to attorney computer
program, much like drop box. She told me that the attorneys will stand and
fight for a case and were aggressive when it comes to domestic violence.
I spoke with Chief Mason at Midvale Police department. He told me that
this firm takes the ideals of the community into consideration at all times.
Two attorneys are assigned to this department and the officers and staff
are happy with the service. He told me that both attorneys are well liked by
the officers. He also told me that they do a wonderful job for the PD. Both
attorneys are housed in City Hall. It is unknown whether they are charged
for space.
I contacted a friend with the Attorney Generals office and asked if he would
make contact with attorneys in the office as well as other officers around
Salt Lake City. All reviews indicated the following: Young aggressive
prosecuting attorneys work for this firm. All reviews were good.
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CRIMINALLEGALSERVICESAGREEMENT
MoabCityProsecutor
THISAGREEMENT(this“Agreement”)ismadeeffectiveFebruary1,2015,by
andbetweentheCITYOFMOAB,amunicipalcorporationofthestateofUtah(the
“City”),andthelawfirmofCOWDELL&WOOLLEY,P.C.(collectivelythe“Firm”).
AGREEMENT:
NOW,THEREFORE,inconsiderationofthepremises,mutualcovenants,and
undertakings,thepartiesherebyagreeasfollows:
1.
ScopeofServicestobeProvided.Throughoutthetermofthis
Agreement,theFirmshallprovideattorneystoprovidecriminalprosecutoriallegal
servicesrequestedorneededbytheCity(“LegalServices”).Forthepurposesofthis
agreement,theFirmshallbedesignatedasCityProsecutor.TheLegalServicestobe
providedhereundershallinclude,withoutlimitation,prosecutingviolationsofCity
ordinancesandUtahstatestatutesincludingprosecutingClassBmisdemeanorsand
belowinjusticecourt,prosecutingappealsfromjusticecourtbroughtorpursuedby
defendantandtrialorhearingdenovoindistrictcourt,ascontemplatedinUtah
CodeAnn.§78A‐7‐118,pursuingappealstoothercourtsbroughtorpursuedbythe
CityuponpriorwrittenconsentoftheCity’sdesignee,representingtheCityinplea
negotiations,providingtrainingtotheCityPoliceDepartmentandcodecompliance
enforcementpersonnelasneeded,attendingadministrativeandaccountability
meetings,attendingarraignmentsandpre‐trialsasdirectedbytheCity’sdesignee,
pursuingcaseinvestigationandpresentation,participatinginstateandlocal
prosecutionassociations,screeningcasesforenhanceablecriminalmatters,and
pursuingforfeitureofbonds.ArepresentativeoftheFirmshallreporttotheCity’s
designeeandtheCity’sdesigneeshalladministerthetermsofthisAgreementand
givedirectionregardingtheLegalServices.UnlesstheCity’sdesigneeisanattorney,
allmattersrequiringlegalworkorjudgmentshallbeperformedbytheattorneysof
theFirmandthelegalworkshallnotbeundulyinfluencedbytheCity’sdesignee
pursuanttotheUtahRulesofProfessionalConduct.TheFirmshalltimelyand
adequatelyprepareforalltrialsandbereadytoprovideLegalServiceswithrespect
tothejusticecourtatsuchtimethatthecourtisreadytobegin.Performanceofthe
LegalServiceshereunderbytheFirmshallalsobesubjecttotheUtahCodeofEthics,
allapplicablelaws(federaland/orstate),rules,regulations,andprofessional
standards,including,withoutlimitation,theRulesofProfessionalConductadopted
bytheUtahSupremeCourt,asthesamemaybeamendedfromtimetotimeduring
thetermofthisAgreement(collectively,“ScopeofServices”).
2.
FeesforLegalServicesandReimbursementofExpenses.Asfull
compensationforLegalServices(includingallcostandexpenses)performed
beginningonFebruary1,2015,theCityshallpaytheFirmtheamountof$3,000.00
permonth,whichwillbepaidonorbeforethetenthdayofeachmonth.TheFee
willincreaseeachJuly1byanamountequaltotheaverageincreaseincludingbut
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notlimitedtoanycost‐of‐livingadjustmenttheCitygivestoitsemployeesforsuch
year.Uponmutualagreementbetweentheparties,theCitymayreimbursetheFirm
forotheractualexpenses.In the event that civil litigation counsel or other legal
services are needed to assist the city attorney, the firm may be available from time to time
to represent the City for a discounted rate of $90.00 per hour.
3.
RenewalandNonfunding.
a.
ThisAgreementshallbecomeeffectiveonthedatehereofand
terminateat11:59:59p.m.onJanuary30,2018;provided,however,uponthe
consentofthepartiesheretoandsubjecttotherighttoterminateasprovided
herein,thisAgreementmaybeextendedandrenewedforadditionalthree‐year
terms.
b.
TheCityandtheFirmacknowledgethatfundsarenotpresently
availablefortheperformanceofthisAgreementbeyondtheendoftheCity’scurrent
fiscalyear,whichisJune30,2015.TheCity’sobligationforperformanceofthis
Agreementbeyondthatdateiscontingentuponfundsbeingappropriatedfor
paymentdueandprovidingtheLegalServicesunderthisAgreement.Ifnofundsor
insufficientfundsareappropriatedandbudgeted,orifthereisareductionin
appropriationsduetoinsufficientrevenue,resultingininsufficientfundsfor
paymentsdueorabouttobecomedueunderthisAgreement,thenthisAgreement
shallcreatenoobligationontheCityastosuchfiscalyear(oranysucceedingfiscal
year),butinsteadshallterminateandbecomenullandvoidonthefirstdayofthe
fiscalyearforwhichfundswerenotbudgetedandappropriated,orintheeventof
reductioninappropriation,onthelastdaybeforethereductionbecomeseffective
(exceptastothoseportionsofpaymentshereinthenagreeduponforwhichfunds
areappropriatedandbudgeted).Saidterminationshallnotbeconstruedasa
breachofordefaultunderthisAgreementandsaidterminationshallbewithout
penalty,additionalpayment,orotherchangesofanykindwhatsoevertotheparties,
andnorightoractionordamagesorotherreliefshallaccruetothebenefitofthe
otherpartyastothisAgreement,oranyportionthereof,whichmaysoterminate
andbecomenullandvoid.
4.
EffectiveDateandTermination.ThisAgreementshallbecome
effectiveonFebruary1,2015andterminateat11:59:59p.m.onJanuary30,2018.
ThisAgreementmaybeextendedandrenewedforadditionalthree‐yearterms.
5.
AssignmentandDelegation.TheFirmshallnotassignordelegatethe
performanceofitsdutiesunderthisAgreementwithouttheCity’spriorwritten
approval.
6.
EmploymentStatus.
a.
OfficialStatus.TheFirmshallhavecompletecontroland
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discretionoverallattorneys,secretaries,runners,andother
personnelassistingtheFirmtoprovidetheLegalServices
hereunderandshallbeconsideredtobeindependent
contractors.AllpersonnelprovidingLegalServicesshallbe
independentcontractorsandnotemployeesoftheCity.
b.
c.
SalaryandWages.Exceptasotherwisespecifiedinsection2
above,theCityshallnothaveanyobligationorliabilityforthe
paymentofanysalaryorothercompensationtopersonnel
providing,orassistingtheFirmtoprovide,theLegalServices.
EmploymentBenefits.AllpersonnelprovidingLegalServices
areandshallremainemployeesoftheFirm.Allpersonnel
providingLegalServicesshallhavenorighttoanyCitypension,
civilserviceoranyotherCitybenefitspursuanttothis
Agreementorotherwise.
7.
PublicInformation.TheFirmunderstandsandagreesthatthis
Agreementandrelatedinvoices,etc.,willbepublicdocumentsasprovidedinUTAH
CODEANN.§63G‐2‐101,etseq.
8.
Confidentiality.TheFirmagrees(1)toholdconfidentialinformation
instrictconfidence;(2)nottodiscloseconfidentialinformationtoanythirdparty
exceptupontheCity’spriorconsent;and(3)tousereasonableprecautionsand
processestopreventunauthorizedaccess,use,ordisclosureoftheCity’s
confidentialinformation.AsusedinthisAgreement,confidentialinformation
meansallinformationmaterialthatconstitutesaprivate,controlled,orprotected
recordordocument,orisexemptfromdisclosureasreferencedinUtahCodeAnn.§
63G‐2‐101,etseq.TheFirmalsoagreestoobligatetheiremployeestothesame
obligationsimposedontheFirmasprovidedinthissection.
9.
EquipmentandFacilities.ForpurposesofperformingtheServices,
theFirmshallfurnishandsupplyatitssolecostallnecessarylaborandsupervision
necessarytoperformtheServices.TheCityshallprovideaccesstocopymachines,
bandwidth,serverspace,directdiallandlinesandfilestorageareasasnecessary
andincidenttoperformingtheServices.TheCityshallalsoprovideofficespacefor
uptotwoattorneysand/orstaff..
10. Termination.Notwithstandinganythingtothecontrary,eitherparty
mayterminatethisAgreementwithoutcauseupon120days’priorwrittennoticeto
theotherparty,ortheCitymayterminatethisAgreementforsignificantviolationof
theRulesofProfessionalConductuponnoticetotheFirmbytheCity.
11. AlcoholandDrug‐freeWorkPlace.Allpersonnelduringsuchtime
thattheyprovideLegalServicesshallnotbeundertheinfluenceofalcohol,anydrug,
orcombinedinfluenceofalcoholoranydrugtoadegreethatrenderstheperson
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incapableofsafelyprovidingtheLegalServices.Further,allpersonnelduringsuch
timethattheyprovideLegalServicesshallnothavesufficientalcoholinhisbody,
blood,oronhisbreaththatwouldconstituteaviolationofUTAHCODEANN.§41‐
6a‐502(withoutgivinganyconsiderationtoorestablishingtherequirementof
operatingorbeinginphysicalcontrolofavehicle)oranymeasurablecontrolled
substanceinhisbodythatwouldconstituteaviolationofUTAHCODEANN.§41‐6a‐
517(withoutgivinganyconsiderationtoorestablishingtherequirementof
operatingorbeinginphysicalcontrolofavehicle).
12. AgentRelationship.TheCityauthorizestheFirmtoactasitsspecial
agenttoprovideLegalServiceswithintheScopeofServices.Thespecialagency
relationshipshallremaininfullforceandeffectduringthetermofthisAgreement
oranyextensionsorrenewalsofthisAgreement.Provided,however,the
authorizationgrantedhereinislimitedtoLegalServiceswiththeScopeofServices.
13. IndemnificationbytheFirm.TheFirmshalldefend,indemnify,save,
andholdharmlesstheCity,anditssuccessorandassigns,fromandagainstanyand
alldamages,liabilities,andclaims(includingreasonableattorneys’fees)relatingto
anyclaimofsubstantiveprosecutorialmisconduct(unlesstheclaimofprosecutorial
misconductisbroughtinconjunctionwithachallenge,onaconstitutionalbasis,or
theFirm’sauthoritytoperformtheLegalServices),claimsrelatingtoincidents,
matters,etc.,outsidetheScopeofServicesandclaimsrelatedtoworkers’
compensation.
14. TitlesandCaptions.Allsectionorsubsectiontitlesorcaptionsherein
areforconvenienceonly.Suchtitlesandcaptionsshallnotbedeemedpartofthis
Agreementandshallinnowaydefine,limit,augment,extend,ordescribethescope,
content,orintentofanypartorpartshereof.
15. PronounsandPlurals.Wheneverthecontextmayrequire,any
pronounusedhereinshallincludethecorrespondingmasculine,feminine,orneuter
forms,andthesingularformofnouns,pronouns,andverbsshallincludetheplurals
andviceversa.
16. ForceMajeure.NeitherpartytothisAgreementwillbeheld
responsiblefordelayordefaultcausedbyfire,riot,actsofGod,and/orwarwhichis
beyondthatparty’sreasonablecontrol.
17. ApplicableLaw.Theprovisionshereofshallbegovernedbyand
construedinaccordancewiththelawsofthestateofUtah.
18. Integration.ThisAgreementconstitutestheentireagreement
betweenthepartiespertainingtothesubjectmatterhereof,andsupersedesallprior
agreementsandunderstandingspertainingthereto.
19. Time.Timeistheessencehereof.
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20. Survival.Allagreements,covenants,representations,andwarranties
containedhereinshallsurvivetheexecutionofthisAgreementandshallcontinuein
fullforceandeffectthroughoutthetermofthisAgreement.
21. Waiver.Nofailurebyanypartytoinsistuponthestrictperformance
ofanycovenant,duty,agreementorconditionofthisAgreementortoexerciseany
rightorremedyconsequentuponabreachthereofshallconstituteawaiverofany
suchbreachorofsuchoranyothercovenant,agreement,termorcondition.Any
partymay,bynoticedeliveredinthemannerprovidedinthisAgreement,butshall
beundernoobligationto,waiveanyofitsrightsoranyconditionstoitsobligations
hereunder,oranyduty,obligationorcovenantofanyotherparty.Nowaivershall
affectoraltertheremainderofthisAgreementbuteachandeveryothercovenant,
agreement,termandconditionhereofshallcontinueinfullforceandeffectwith
respecttoanyotherthenexistingorsubsequentlyoccurringbreach.
22. RightsandRemedies.Therightsandremediesofthepartieshereto
shallnotbemutuallyexclusive,andtheexerciseofoneormoreoftheprovisionsof
thisAgreementshallnotprecludetheexerciseofanyotherprovisionshereof.
23. Severability.Intheeventthatanycondition,covenantorother
provisionhereofisheldtobeinvalidorvoid,thesameshallbedeemedseverable
fromtheremainderofthisAgreementandshallinnowayaffectanyothercovenant
orconditionhereincontained.Ifsuchcondition,covenant,orotherprovisionshall
bedeemedinvalidduetoitsscopeorbreadth,suchprovisionshallbedeemedvalid
totheextentofthescopeorbreadthpermittedbylaw.
24. ConflictsofInterest.TheFirmrepresentsandcertifiesthatithasnot
offeredorgivenanygiftorcompensationprohibitedbylawtoanyofficeror
employeeoftheCitytosecurefavorabletreatmentwithrespecttobeingawarded
thisAgreement.TheFirmherebyagreesthatitshallnotprovidecriminaldefense
servicesforclientswithinGrandCounty.
INWITNESSWHEREOF,theCitycausedthisAgreementtobesignedbyits
mayorandattestedbyitsrecorderanddelivered,andtheFirmhascausedthesame
tobesignedanddelivered.
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CITYOFMOAB
By:____________________________________
DAVIDSAKRISON,Mayor
ATTEST:
__________________________________
RACHELSTENTA,CityRecorder
COWDELL&WOOLLEY,PC
By:____________________________________
TRACYSCOTTCOWDELL,Partner
By:____________________________________
CHADL.WOOLLEY,Partner
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AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 13, 2015 Agenda Item #: 7‐3 Title: Appointment of Interim City Manager, Approval of Employment Agreement Fiscal Impact: Increase in wages offset by staff shortage Staff Presenter(s): Rachel E. Stenta, City Recorder/Assistant City Manager Department: Recorder
Applicant: N/A
Background/Summary: Thank you for presenting me with the opportunity to
serve as Interim City Manager during the recruitment process. I know that we
have many transitions ahead of us and I feel confident that our staff and officials
possess the skills and cooperative attitudes necessary to successfully meet the
challenges. We have benefited for many years from City Manager Metzler’s
leadership and vision and our organization won’t be the same without her.
Change can be a stimulus for growth and I look forward to what our emerging
future holds for our City.
Attached is an employment agreement outlining some proposed terms for the
position of Interim City Manager. This contract is modeled after the current
employment agreement for City Manager. While I am serving as Interim City
Manager, I will continue to manage the City Recorder functions and I have
developed an interim plan with Recorder employees to reallocate resources and
delegate some duties. I anticipate that personally, this will be a resource
intensive period for me, but I feel prepared and excited to move ahead.
I am requesting an 18% increase in my wages during this interim period. This is
equal to the current wage of our City Manager and is on the lower end of the
published salary range for the position. I feel that an 18% increase is fair
compensation for assuming the additional responsibilities and duties of City
Manager while managing my current departmental functions. I am requesting the
increase to be effective as of January 14 to compensate for the increase in
workload for the crossover/transition period. I would not assume the role of City
Manager until the departure of City Manager Metzler.
I have also specified an initial term not to exceed 120 days. If an extension is
Agenda
Page 57 of 112
necessary a new contract would need to be approved.
Please let me know if you have any questions. Options: Approve, Deny or Postpone Attachment(s): Employment Agreement Agenda
Page 58 of 112
Resolution #02‐2015 A RESOLUTION APPROVING THE EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF MOAB AND RACHEL E. STENTA FOR THE POSITION OF INTERIM CITY MANAGER Whereas, the governing body of the City of Moab is desirous to engage the services of Rachel E. Stenta to serve for a limited term as the Interim City Manager for the City of Moab under the direction of the governing body of the City, pursuant to Moab Municipal Code Section 93‐09; and Whereas, the Employment Agreement has been presented to this meeting of the City Council. NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE EMPLOYMENT AGREEMENT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID AGREEMENT. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 13th day of January, 2015. CITY OF MOAB By: David L. Sakrison Mayor Attest: Danielle Guerrero Deputy City Recorder Resolution #02‐2015 Agenda
Page 59 of 112
Page 1 of 1 EMPLOYMENT AGREEMENT
Interim City Manager
By and Between the City of Moab and Rachel E. Stenta
Agreement between the City of Moab, State of Utah, a municipal corporation, herein referred to as
Employer, and Rachel E. Stenta, of 684 No. McCormick Blvd., Moab, Utah, herein referred to as
Employee.
The parties recite and declare that:
1.
Employer is in need of the services of a person possessing the skills and ability required to serve as
an Interim City Manager during recruitment of the City Manager position.
2.
Employee, through her education and experience, possesses the requisite skills to perform such
duties and is currently appointed to the position of City Recorder/Assistant City Manager.
3.
Employer is therefore desirous of engaging the services of employee as Interim City Manager to
serve the City of Moab under the direction of the governing body of the City of Moab.
4.
City Recorder functions as outlined in Utah State Code Annotated 10-3-916 and Moab Municipal
Code 2.12 will be managed during the contract period under the direction of Employee.
For the reasons set forth above and in consideration of the mutual covenants and promises of the
parties hereto, Employer and Employee agree as follows:
SECTION ONE
MUTUAL ASSENT TO EMPLOYMENT
Employer hereby employs, engages, and hires Employee to act as Interim City Manager with the
City of Moab, and Employee hereby accepts and agrees to such employment, engagement, and hiring.
SECTION TWO
GOVERNING LAW
This agreement and the employment of employee hereunder shall be subject, generally, to all
applicable provisions of Moab City Ordinances and Utah law and to all amendments thereto.
SECTION THREE
DUTIES OF EMPLOYEE
Employment Agreement
Agenda
Page 60 of 112
Page 1 of 3
Employee shall perform all duties and responsibilities of City Manager as outlined by Moab
Municipal Code Title 2 Chapter 2.10 for the duration of the contract period and such other duties as the
governing body from time to time may require of her, under the general supervision and direction of the
City of Moab governing body.
SECTION FOUR
TERMS OF EMPLOYMENT
This agreement shall be for a temporary term beginning on January 14, 2015 and terminating at the
discretion of the City Council or by Employee for an initial term not to exceed 120 days. Employee will
not assume full City Manager responsibilities and authority until the current City Manager’s departure on
February 13, 2015.
Employee may terminate her assignment as Interim City Manager at any time by giving written
notice to the City at least 30 days before the effective date of such notice.
SECTION FIVE
COMPENSATION
Employer shall pay Employee, and Employee shall accept from employer, in full payment for
Employee's services hereunder, compensation as follows:
At Grade and Step E5-L, according to the City of Moab Compensation Chart.
Employee shall be entitled to cost of living adjustments to the pay rate schedule, as approved by the
City Council. Employer will provide benefits consistent with other full-time City employees, in accordance
with the schedule for benefits provided for in City policies and ordinances.
At the termination of contract, Employee shall be eligible for any merit increases for the position of
City Recorder/Assistant City Manager that were forfeited during the contract period.
At termination of the contract, Employee shall resume the full time position of City
Recorder/Assistant City Manager as specified by applicable Utah State Code and Moab Municipal Code
Chapter 2.12.
SECTION SIX
OTHER EMPLOYMENT
Employee shall not engage in outside employment.
SECTION SEVEN
MODIFICATION
No modification or waiver of this agreement or of any covenant, condition, or provision herein
Employment Agreement
Agenda
Page 61 of 112
Page 2 of 3
contained shall be valid unless in writing and duly executed by the party to be charged therewith.
SECTION EIGHT
SEVERABILITY
All agreements and covenants herein are severable, and in the event any of them, with the exception
of those contained in Sections One, Three, and Five hereof, shall be held to be invalid by any competent
court, this contract shall be interpreted as if such invalid agreements or covenants were not contained herein.
SECTION NINE
COMPLETE AGREEMENT IN WRITTEN CONTRACT
This written agreement embodies the whole agreement between the parties and there are no
inducements, promises, terms, conditions, or obligations made or entered into by either Employer
or Employee other than contained herein for the position of Interim City Manager.
In witness whereof, the parties have executed this agreement at Moab City, Utah the date and year
written below.
CITY OF MOAB
By:
David L. Sakrison
Mayor
Attest
Danielle Guerrero
Deputy City Recorder
Date
Employee
Rachel E. Stenta
Interim City Manager
Employment Agreement
Agenda
Date
Page 62 of 112
Page 3 of 3
AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 13, 2015 Agenda Item #: 7‐4 Title: Resolution #01-2015 Fiscal Impact: There is no fiscal impact associated with adopting this resolution. Staff Presenter(s): Donna Metzler, City Manager Department: Administration/Legal
Background/Summary: The Utah League of Cities and Towns has been
working with state legislators on legislation that would provide more
transportation funding to Utah’s cities and towns. The League has requested
that cities support this effort. Resolution #01-2015 supports a comprehensive
state-wide approach to increase transportation funding for local governments.
Options: The City Council may approve the resolution as presented, approve
the resolution with changes, not approve the resolution, or postpone the item
pending the receipt of additional information. Staff Recommendation: Staff recommends approval of the resolution as
presented. Recommended Motion: “I move to approve Resolution #01-2015.” Attachment(s): Resolution #01-2015 Agenda
Page 63 of 112
RESOLUTION#01‐2015
ARESOLUTIONENCOURAGINGTHESTATEOFUTAHTOPURSUEACOMPREHENSIVE
TRANSPORTATIONFUNDINGSTRATEGY
WHEREAS,likemanyotherUtahcities,theCityofMoabspendsalargeportionofitsgeneralfundmonies
ontransportation‐relatedprojectsandmaintenance;and
WHEREAS,despitetheseexpenditures,theCityofMoabhasfounditimpossibletokeepupwiththe
ongoingdemandsofitstransportationsystemwiththefundsavailableforthispurpose;and
WHEREAS,ClassBandCRoadFundshavelimitedapplicability,suchthatthesefundscannotbeusedon
essentialtransportationinfrastructuresandprogramssuchastransitsystemsandtransportation
modalitiesthatexistoutsideofBandCRoadrights‐of‐way;and
WHEREAS,thefundingshortfallandlimitedapplicabilityoffundingsourceshavecauseddeficiencies
withintheCityofMoabwithrespecttostreet,sidewalk,bikelane,bikepathandpedestriansafety;and
WHEREAS,additionalfundsarenecessarytomaintainandexpandthefullrangeoftransportation
facilitiesinordertocorrectthesedeficienciesandtoprovideforasustainabletransportationsystemfor
yearstocome;and
WHEREAS,theCityofMoabstronglysupportstheimplementationofastate‐widecomprehensive
approachtolocaltransportationandtransitneedsastheyhavebeenmanifestedstatewide;and
WHEREAS,towardthisend,theCityofMoabstronglysupportstheimplementationofalocaloption
0.25%salestaxthatwouldbededicatedtotransportation,aclarificationandexpansionofthedefinition
oftheusesofClassBandCRoadfundstoincludethefullrangeoftransportationservicesandfacilities,
andanincreaseinthestatewidemotorfueltaxthatfundstheClassBandCRoadfundprogram.
NOW,THEREFORE,WE,THEGOVERNINGBODYOFTHECITYOFMOAB,doherebyrecommendthatthe
UtahStateLegislaturecarefullyconsideracomprehensiveapproachtotransportationfundingthatwould
providefortheimplementationofalocaloption0.25%salestaxthatwouldbededicatedto
transportation,aclarificationandexpansionofthedefinitionoftheusesofClassBandCRoadfundsto
includethefullrangeoftransportationservicesandfacilities,andanincreaseinthestatewidemotorfuel
taxthatfundstheClassBandCRoadfundprogram.
PassedandadoptedbyactionoftheGoverningBodyoftheCityofMoabinopensessionthis13thdayof
January,2015.
By:___________________________
DavidL.Sakrison
Mayor
ATTEST:________________________________
RachelE.Stenta
CityRecorder
Resolution#01‐2015 Agenda
Page 64 of 112
January13,2015
ORDINANCE NO. 2015-01
AN ORDINANCE AMENDING THE CITY OF MOAB CLASSIFIED HOURLY
PAY RATE SCHEDULE AND EXEMPT AND ELECTED OFFICIALS’
SALARIES
WHEREAS, the Moab City Personnel Policies and Procedures Manual allows that pay
ranges may be adjusted periodically to accommodate increases in the cost of living; and
WHEREAS, the Moab City Personnel, Policies and Procedures Manual calls for using
standard state and national measures to determine cost of living adjustments; and
WHEREAS, the Utah Bureau of Labor Statistics showed that the Cost of Living Increase
for the State of Utah from 2012-2013 was greater than 2%; and
WHEREAS, the 2014/2015 Fiscal Year Budget Shows a 2% Cost of Living Increase for
all employees covered by the Pay Rate Schedule; and
WHEREAS, the proposed “City of Moab Classified Hourly Pay Rate Schedule” is
attached to this resolution as Attachment A, respectively; and
WHEREAS, Moab Municipal Code Section 2.44.010 states that all salaries of the
elective and appointive officers of the City and the other employees of the City shall be
fixed by motion or resolution of the City Council as in accordance with existing law.
NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB
RESOLVE TO ADOPT The City of Moab Classified Hourly Pay Rate Schedule
(Attachment A) and Exempt and Elected Official Salaries (Attachment B) as referred
herein effective July 1, 2014.
DATED this 10th day of February 2015.
SIGNED:
David L. Sakrison
Mayor
ATTEST:
Rachel E. Stenta
City Recorder
Ordinance #2015-01
Agenda
Page 65 of 112
February 10, 2015
City Of Moab ‐ Compensation Chart
2014‐2015 ‐ Attachment A
Grade
Min
A
B
C
D
E
F
G
H
I
J
K
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
E1
E2
E3
E4
E5
S1
S2
S3
S4
S5
S6
10.3
10.83
11.31
11.87
12.41
13.01
13.65
14.29
14.97
15.66
16.42
17.21
18.04
18.88
19.79
20.71
21.72
22.76
23.85
24.99
26.17
27.44
28.75
30.11
31.55
8
8.11
14.42
14.64
26.04
26.46
10.61
11.15
11.64
12.21
12.79
13.39
14.07
14.71
15.42
16.14
16.93
17.72
18.58
19.45
20.38
21.33
22.38
23.45
24.56
25.73
26.97
28.25
29.62
31.02
32.5
8.22
8.36
14.85
15.1
26.82
27.24
10.93
11.46
12.01
12.59
13.17
13.79
14.47
15.16
15.87
16.63
17.43
18.25
19.15
20.03
20.97
22
23.05
24.14
25.32
26.52
27.8
29.11
30.51
31.93
33.5
8.48
8.6
15.3
15.54
27.62
28.05
11.27
11.8
12.36
12.96
13.57
14.22
14.9
15.61
16.35
17.13
17.95
18.8
19.71
20.63
21.6
22.66
23.75
24.88
26.06
27.32
28.63
29.99
31.43
32.91
34.47
8.72
8.86
15.76
16
28.46
28.91
11.6
12.16
12.72
13.36
13.98
14.63
15.36
16.08
16.86
17.65
18.5
19.37
20.31
21.26
22.26
23.36
24.46
25.61
26.85
28.13
29.49
30.89
32.37
33.89
35.51
9
9.14
16.24
16.49
29.3
29.76
11.96
12.53
13.11
13.74
14.4
15.09
15.83
16.58
17.36
18.17
19.04
19.95
20.9
21.89
22.93
24.04
25.18
26.4
27.66
28.97
30.36
31.81
33.32
34.9
36.58
9.26
9.4
16.71
16.98
30.18
30.67
12.31
12.92
13.5
14.16
14.83
15.53
16.3
17.07
17.88
18.71
19.61
20.54
21.54
22.51
23.61
24.75
25.95
27.17
28.5
29.86
31.28
32.77
34.33
35.96
37.68
9.53
9.67
17.23
17.48
31.09
31.58
12.68
13.31
13.89
14.59
15.27
15.99
16.78
17.57
18.42
19.29
20.21
21.15
22.2
23.22
24.33
25.51
26.72
28
29.37
30.74
32.2
33.73
35.35
37.04
38.83
9.83
9.98
17.74
18.01
32.04
32.53
13.06
13.69
14.33
15.02
15.72
16.48
17.31
18.11
18.96
19.85
20.82
21.8
22.85
23.92
25.05
26.25
27.53
28.85
30.21
31.67
33.18
34.74
36.41
38.13
39.98
10.12
10.27
18.27
18.55
32.99
33.52
13.45
14.11
14.75
15.48
16.21
16.98
17.82
18.65
19.53
20.45
21.45
22.44
23.54
24.63
25.81
27.07
28.38
29.7
31.12
32.61
34.17
35.8
37.51
39.29
41.17
10.42
10.59
18.81
19.13
33.98
34.52
13.84
14.51
15.19
15.93
16.69
17.48
18.37
19.21
20.12
21.06
22.07
23.1
24.25
25.38
26.57
27.89
29.21
30.59
32.07
33.6
35.2
36.86
38.65
40.45
42.41
10.72
10.9
19.38
19.69
35.01
35.56
14.27
14.97
15.64
16.41
17.2
18.01
18.89
19.79
20.73
21.68
22.74
23.81
24.97
26.12
27.37
28.71
30.09
31.51
33.02
34.6
36.24
37.96
39.81
41.67
43.67
11.05
11.23
19.95
20.28
36.05
36.62
Page 66
1 of 112
City Of Moab ‐ Compensation Chart
2014‐2015 ‐ Attachment A
Grade
L
M
N
O
P
Q
R
S
T
U
V
W
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
E1
E2
E3
E4
E5
S1
S2
S3
S4
S5
S6
14.69
15.41
16.13
16.92
17.71
18.55
19.46
20.39
21.35
22.35
23.43
24.52
25.71
26.91
28.2
29.58
30.99
32.46
34.02
35.64
37.34
39.12
40.99
42.92
44.99
11.38
11.57
20.56
20.88
37.13
37.72
15.14
15.87
16.61
17.42
18.24
19.13
20.05
20.97
21.98
23.01
24.12
25.26
26.49
27.72
29.04
30.47
31.91
33.43
35.04
36.7
38.46
40.3
42.23
44.22
46.34
11.71
11.92
21.18
21.51
38.24
38.85
15.59
16.35
17.11
17.94
18.79
19.68
20.66
21.61
22.13
23.69
24.86
26.02
27.27
28.58
29.93
31.39
32.88
34.43
36.08
37.81
39.62
41.5
43.49
45.53
47.72
12.08
12.27
21.81
22.16
39.38
40.01
16.04
16.85
17.63
18.49
19.36
20.28
21.28
22.28
23.33
24.42
25.6
26.81
28.09
29.43
30.81
32.31
33.87
35.46
36.11
38.94
40.82
42.74
44.79
46.91
49.15
12.43
12.64
22.47
22.83
40.58
41.2
16.54
17.35
18.15
19.04
19.93
20.88
21.91
22.93
24.01
25.13
26.34
27.61
28.95
30.3
31.73
33.28
34.89
36.52
38.29
40.11
42.04
44.01
46.12
48.32
50.64
12.81
13.03
23.13
23.5
41.79
42.44
17.04
17.88
18.69
19.6
20.53
21.51
22.56
23.61
24.74
25.89
27.15
28.45
29.82
31.19
32.69
34.29
35.93
37.62
39.45
41.32
43.29
77.17
47.51
49.76
52.16
13.19
13.41
23.83
24.21
43.05
43.72
17.55
18.41
19.25
20.2
21.14
22.15
23.24
24.34
25.48
26.66
27.98
29.29
30.71
32.14
33.67
35.31
37.02
38.76
40.63
42.54
44.58
46.7
48.94
51.26
53.72
13.59
13.8
24.55
24.94
44.33
45.03
18.07
18.95
19.83
20.81
21.79
22.82
23.93
25.05
26.23
27.48
28.82
30.16
31.62
33.11
34.67
36.38
38.11
39.93
41.85
43.83
45.94
48.1
50.43
52.8
55.34
14.01
14.23
25.29
25.69
45.67
46.38
18.62
19.52
20.43
21.44
22.44
23.5
24.65
25.81
27.02
28.29
29.69
31.07
32.57
34.1
35.71
37.47
39.25
41.13
43.11
45.15
47.32
49.54
51.94
54.39
57
14.43
14.65
26.05
26.47
47.04
47.77
19.18
20.11
21.03
22.07
23.11
24.21
25.4
26.58
27.84
29.14
30.58
32
33.55
35.12
36.78
38.6
40.42
42.36
44.4
46.49
48.74
51.03
53.5
56.01
60.47
14.86
15.1
26.84
27.25
48.45
49.2
19.75
20.72
21.68
22.74
23.81
24.95
26.15
27.38
28.67
30.02
31.51
32.97
34.56
36.17
37.88
39.76
41.64
43.63
45.73
47.89
50.2
52.56
55.1
57.69
62.27
15.31
15.54
27.64
28.07
49.9
50.67
20.35
21.34
22.33
23.42
24.52
25.7
26.94
28.19
29.53
30.92
32.46
33.96
35.6
37.25
37.95
40.95
42.89
44.95
47.1
49.33
51.7
54.14
56.75
59.43
64.14
15.77
16.01
28.47
28.92
30.17
52.2
Page 67
2 of 112
City Of Moab ‐ Compensation Chart
2014‐2015 ‐ Attachment A
Grade
X
Y
Z
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
E1
E2
E3
E4
E5
S1
S2
S3
S4
S5
S6
20.95
21.97
22.99
24.11
25.26
26.48
27.74
29.04
30.43
31.84
33.43
34.98
36.67
38.36
40.19
42.18
44.18
46.3
48.51
50.82
53.26
55.76
53.16
61.2
66.07
16.25
16.49
29.33
29.78
31.08
53.76
21.58
22.63
23.68
24.84
26.01
27.26
28.58
29.92
31.33
32.8
23.82
36.03
37.77
39.53
41.39
43.44
45.5
47.69
49.97
52.35
54.86
57.44
54.75
63.04
68.04
16.73
16.98
30.2
30.68
32.02
55.39
22.24
23.32
24.4
25.58
26.8
28.08
29.44
30.81
32.27
33.79
24.53
37.11
38.9
40.72
42.64
44.75
46.88
49.12
51.47
53.91
56.51
59.15
56.4
64.93
70.08
17.24
17.49
31.11
31.6
32.98
57.04
Page 68
3 of 112
ATTACHMENT B
Exempt and Elected Official Salaries
Section 1. Yearly salary range for the following exempt positions only: City Manager – Grade E5 ...........................$65,875 – $126,261 Police Chief – Grade E3 ...............................$60,030 – $111,708 Public Works Dir. – Grade 18 ......................$49,799 – $92,707 Recorder – Grade 17 ...................................$45,351 – $84,397 Treasurer – Grade 14 ..................................$39,421 – $73,331 Section 2. Yearly salary rates for the following elected official positions: Mayor ..........................................................$12,000 Councilmembers .........................................$ 8,400 In addition to yearly salaries, elected officials also receive the following yearly compensation in health and dental care coverage: Coverage type Medical Premium Dental Premium Health Savings Account Match Family $17,059
$1,332
$3,275
Two‐party $12,070
$644
$3,275
Spouse Two‐party Child $11,544
$975
$3,275
Single $5,498
$322
$1,650
Information about all Moab City financial transactions can be found at: http://www.utah.gov/transparency Ordinance #2015‐01 – Attachment B Agenda
Page 69 of 112
AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 13, 2015 Agenda Item #: 7‐6 Title: Approval of Proposed Resolution #03-2015 – A Resolution Approving an
Agreement between the City of Moab and Public Employees Health Plan for the
Provision of Health Insurance Services Fiscal Impact: A previously approved increase in health insurance rates. Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Recorder/Human Resources
Background/Summary: The City Council approved a proposal for Health
Insurance services on November 6 for implementation on January 1, 2015 (see
attached memo and proposal). The transition to PEHP has been completed and
all employees are now enrolled in our new insurance plan and the benefit is
underway. This contract further formalizes the relationship between the City of
Moab and PEHP for the provision of health insurance services. The amendment
allows PEHP to satisfy the new Affordable Care Act reporting requirements on
our behalf. The new reporting requirement is complex and very time consuming.
PEHP offers this service for no additional charge.
Options: Approve, Deny or Postpone. Staff Recommendation: Staff recommends approval of the resolution as
presented. Recommended Motion: “I move to approve Resolution #03-2015.” Attachment(s): Resolution #03-2015
PEHP Contract and Amendment
Previously approved PEHP proposal. Agenda
Page 70 of 112
RESOLUTION #03‐2015 A RESOLUTION ADOPTING AN EMPLOYER HEALTH INSURANCE AGREEMENT AND THE FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF MOAB AND THE PUBLIC EMPLOYEES’ HEALTH PROGRAM (PEHP) WHEREAS, the City of Moab is required to provide health insurance coverage for its employees; and WHEREAS, a proposal for health insurance services provided by PEHP was approved by the Governing Body on November 6, 2014; NOW, THEREFORE, we, the Governing Body of the City of Moab do herby Adopt the employer health insurance agreement and first amendment as presented and attached hereto. FURTHER, the effective date of this contract is January 1, 2015. Passed and adopted by action of the Governing Body of the City of Moab in open session this 13th day of January, 2015. By: ___________________________ David L. Sakrison Mayor ATTEST:________________________________ Rachel E. Stenta City Recorder Resolution #03‐2015 Page 71 of 112
January 13, 2015 Employer Health Insurance Agreement
Between _City of Moab_____________
and
Utah Retirement Systems Public Employees’ Health Program
JANUARY 1, 2015 through DECEMBER 31, 2015
Table of Contents
SECTION 1 – INTRODUCTION................................................................................................................. 2
SECTION 2 – ELIGIBILITY AND ENROLLMENT.................................................................................. 3
SECTION 3 – RESPONSIBILITIES OF EMPLOYER ............................................................................... 7
SECTION 4 – RESPONSIBILITIES OF PEHP ........................................................................................... 9
SECTION 5 – FUNDING ........................................................................................................................... 12
SECTION 6 – DATA AND RECORDS..................................................................................................... 14
SECTION 7 – TERM AND TERMINATION ........................................................................................... 14
SECTION 8 – GENERAL TERMS ............................................................................................................ 15
SECTION 9 – DEFINITIONS .................................................................................................................... 17
SECTION 10 – SIGNATURE PAGE ......................................................................................................... 20
APPENDIX A ............................................................................................................................................. 21
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SECTION 1 – INTRODUCTION
1.1 Contract
1.1.1 This Employer Health Insurance Agreement (“Agreement”) is made and entered into, pursuant to
Utah Code Annotated Title 49, Chapter 20, by and between City of Moab (“Employer”), a body
corporate and politic of the State of Utah, and the UTAH RETIREMENT SYSTEMS, by and through
its Employer benefit and insurance division, the PUBLIC EMPLOYEES’ HEALTH PROGRAM
(“PEHP”).
1.1.2 In exchange for Employer’s payment of Rates, PEHP provides defined healthcare Benefits to
Members. Any payment of Rates will constitute Employer’s agreement to the terms of this Agreement,
regardless of whether Employer has actually signed the Agreement.
1.1.3 NOW, THEREFORE, for and in consideration of the agreements and provisions hereinafter
contained, the parties hereby agree and enter into this Agreement.
1.2 Scope of Agreement
1.2.1 PEHP will make available to Employer’s Eligible Employees, Eligible retirees under age 65, and
Eligible dependents, the health and prescription drug plans listed in Appendix A. All terms, definitions,
and conditions of the health and prescription drug plans are hereby incorporated into this Agreement.
1.2.2 Any and all other documents attached hereto are hereby made a part of this Agreement as fully as
though detailed herein.
1.2.3 The parties acknowledge that for purposes of paying fees required by the Affordable Care Act,
PEHP shall act as the plan sponsor of Employer’s benefit plans. All programs and plans offered by
PEHP are subject to change in order to adapt to the changes and trends in the health care industry.
Further, the Benefits in this Agreement are not necessarily the benefits of the Employer's previous
insurance carrier. This contract does not guarantee benefits payable under the previous carrier will be
payable under PEHP.
1.2.4 No Member of PEHP has a vested right to any Benefits. Changes to the Agreement may be made
without notification, consultation or the consent of Members. However, material mid-plan year
changes to the Benefits must be made with approval of the Employer and with 60 days notice to the
Members. The rights and interest of Members at any particular time depend on the Agreement terms in
effect at that time.
1.2.5 PEHP may adopt reasonable policies, rules and procedures to help in the administration of the
Agreement. Employer agrees to abide by all such reasonable policies, rules, and procedures that are not
inconsistent with the Agreement.
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1.2.6 PEHP has discretion to determine Eligibility for Benefits and to interpret the terms and conditions
of the Benefit plan(s). PEHP’s determinations under this Section do not prohibit or prevent a Member
from seeking an appeal of claims or an administrative review by following the appeals procedure
established by the Master Policy and Utah Code Ann. § 49-11-613.
SECTION 2 – ELIGIBILITY AND ENROLLMENT
2.1 Eligibility
2.1.1 PEHP shall provide coverage to those Eligible Employees and their Eligible Dependents in
accordance with the terms of the PEHP Master Policy attached as Appendix A.
2.1.2 In consultation with PEHP and within PEHP’s stated Eligibility parameters, if Employer has 100
Subscribers or more, Employer shall decide which categories of Employees and Dependents are
Eligible to become Members and establish related Eligibility requirements. Employer agrees to
implement standards that are nondiscriminatory and is solely liable if any standards are determined to
be discriminatory.
2.1.3 Notwithstanding Section 2.1.2, if Employer is community rated or all Employers in Employer’s
risk pool are paying the same Rates, then Employer shall be subject to PEHP’s Eligibility parameters
and shall not have discretion to set its own standards.
2.1.4 Eligibility standards (including termination standards) determined by Employer must be reported
to and approved by PEHP each plan year, at least ninety (90) days prior to the start of the plan year.
Employer shall inform PEHP of its eligibility standards on the PEHP Benefit Selection Form. If
Eligibility standards vary from plan year to plan year, PEHP may revise Rates correspondingly, in
accordance with sound actuarial principles.
2.1.5 Employer may not change, extend, expand, or waive the Eligibility criteria without first obtaining
the advance, written approval of an officer of PEHP. Eligibility standards may not be changed midplan year.
2.1.6 Employer’s Eligibility parameters must meet PEHP’s criteria which include the following:
 All retirement-eligible Employees are Eligible;
 Elected and appointed officials, including board members, elected after July 1, 2006 must
meet URS participation guidelines. They earn the minimum salary during the first full
month of the term of the office. ($825.00 effective February 1, 2006).
 Otherwise Eligible Employees with other coverage may waive coverage with the
Employer under the Plan;
 At least 80% of the above listed Eligible individuals, who have not demonstrated proof of
other coverage, must participate in the Plan, or, if Employer employs fewer than five (5)
individuals, 100% of individuals must participate in the Plan;
 Independent contractors are not Eligible;
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

Retirees(other than Early Retirees, as defined by the Employer) are not Eligible;
Terminated employees active coverage shall cease on or before either the end of the pay
period following termination of employment, or the date the last paycheck is received by
the Employee from Employer for which the Employee was eligible for Coverage.
Only individuals who continuously satisfy the Eligibility criteria of the Agreement may be enrolled and
continue as Members. Employer, Subscribers, and their Dependents are responsible for obtaining and
submitting to PEHP evidence of Eligibility.
2.1.7 Notwithstanding this Section 2, PEHP reserves the right to deny coverage to an otherwise Eligible
Employee and/or their Eligible Dependent(s), in accordance with the PEHP Master Policy, if that
individual commits fraud upon PEHP, forges prescriptions, commits criminal acts associated with
coverage, misuses or abuses Benefits or breaches the conditions of the PEHP Master Policy.
Notwithstanding any other provision of this Agreement, if such an individual retains Coverage with
PEHP at the request of an Employer after a recommendation by PEHP to address either the fraud,
criminal acts associated with coverage, or a breach of the PEHP Master Policy, Employer shall be solely
and completely responsible for all claims incurred for this individual. In such a circumstance, the
individual’s claims shall be adjudicated separately from the Employer’s experience, and no claims for this
individual, either in specific or aggregate, shall be eligible for payment by PEHP reinsurance.
2.2 Enrollment Requirements
2.2.1 In order for an Eligible individual to receive Benefits, Employer must enroll the individual, PEHP
must accept the individual as a Member, and Employer must pay the applicable Rates. Employer
agrees to limit enrollment to Eligible Employees and their Dependents.
2.2.2 Any Employee who does not enroll in the Employer Plan during their first 30 days of employment
with the Employer will not be Eligible to enroll until the next annual enrollment period.
2.2.3 Except as otherwise provided in this Agreement, enrollment and enrollment changes for existing
Employees and their Dependents may only be made during an open enrollment period.
2.2.4 PEHP shall allow for a special enrollment period for specific circumstances listed in Section 2.2.5.
The terms governing special enrollment for PEHP are also contained in the Master Policy attached
hereto as part of Exhibit A.
2.2.5 Employer must notify PEHP within 31 days whenever there is a change in a Member’s family and
or employment status that may affect Eligibility or enrollment. Family or employment status includes
the following events:
a) Adoption of a child, birth of a child, or gaining legal guardianship of a child;
b) Child loses Dependent status;
c) Death;
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d)
e)
f)
g)
h)
i)
j)
k)
Divorce;
Marriage
Involuntary loss of other coverage;
Member called to active military duty;
Member receives a Qualified Medical Child Support Order (QMCSO);
Reduction in employment hours;
Member takes, returns from, or does not return from a leave of absence; and
Termination of employment.
2.2.6 If Employer fails to notify PEHP within 31 days of a Member’s termination from employment or
other family and/or employment change that results in the loss of a Member’s Eligibility, Employer
agrees to promptly pay PEHP any amounts paid as Benefits for such Member after the Member became
ineligible and before PEHP was notified.
2.2.7 PEHP agrees to supply certification of creditable coverage to all terminated Subscribers and their
Eligible Dependents losing coverage in accordance with federal law. The terms governing certification
and disclosure are contained in the Master Policy attached hereto as part of Exhibit A.
2.2.8 Employer hereby agrees the Effective Date for new Employees is based upon receipt of
enrollment forms by the PEHP enrollment department.
2.2.9 PEHP will enroll Dependents as a result of a valid court order. Any requirement for the Plan to
comply with court orders, including Qualified Medical Child Support Orders (QMCSOs) and/or
Divorce Decrees is Employer’s responsibility. When Employer directs PEHP to enroll an individual on
the basis of a court order, PEHP reserves the right to review and confirm that the order is qualified.
2.2.10 PEHP may decline to enroll Employees, former Employees, or Dependents who do not satisfy
the Eligibility criteria of the Agreement. Also, PEHP may initially decline to issue coverage if
Employer fails to meet the minimum enrollment or minimum contribution requirements.
2.3 Continuation of Coverage (COBRA / Mini-COBRA) and Conversion Coverage
2.3.1 Employer’s Members who lose coverage under a Plan made available by PEHP may be permitted
to continue such Coverage in accordance with the requirements of the Consolidated Omnibus Budget
Reconciliation Act of 1986 (COBRA), or Utah mini-COBRA, Utah Code Ann. § 31A-22-722
(collectively, “Continuation Coverage”).
2.3.2 Employer agrees to administer Continuation Coverage according to state and federal law. PEHP
agrees to support and assist Employer in the administration of the Continuation Coverage.
Employer agrees to provide sufficient documentation of a Member’s Eligibility for Continuation
Coverage. PEHP will determine if the documentation provided is sufficient.
2.3.3 Employer agrees to timely:
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a) notify PEHP of a Members’ death;
b) notify PEHP of a Member’s termination of employment or reduction of hours, (Employer
must notify PEHP if a termination is due to gross misconduct);
c) notify PEHP of a Member’s entitlement to the benefits under Title XVII of the Social
Security Administration, which would cause the Member to lose coverage;
d) notify PEHP of any other COBRA Qualifying Event that would affect a Member’s Eligibility
for coverage.
2.3.4 PEHP agrees that, at enrollment, termination of employment, or upon receipt of written notice of
a COBRA Qualifying Event, in addition to Employer’s function as COBRA plan administrator, to
notify Members of their Continuation rights, if such rights exist, in accordance with state and federal
law. PEHP will not be responsible to notify Members of their Continuation rights if PEHP does not
receive notice from Employer of a Qualifying Event, as defined in the PEHP Master Policy, in a timely
manner.
2.3.5 Adult Designees are eligible for Continuation Coverage with PEHP if they would have otherwise
been eligible for COBRA coverage as a Dependent as defined by PEHP and Employer in Appendix A.
2.3.6 PEHP agrees to provide Employer’s Members notice of their Conversion rights in accordance
with state and federal law. Employer’s Members who lose coverage under a COBRA or a MiniCOBRA plan made available by PEHP may be permitted to enroll in a Conversion plan, in accordance
with Utah Code Ann. § 31A-22-723.
2.3.7 PEHP and Employer agree that if this Agreement is terminated, Continuation Coverage with
PEHP will terminate. Employer will be responsible for obtaining alternate coverage for those Members
who are receiving Continuation Coverage.
2.3.8 PEHP agrees to bill and collect Rates from Members for Continuation and Conversion Coverage.
2.3.9 PEHP agrees to provide COBRA, Mini-COBRA, and Conversion Coverage for the minimum
time and only to the minimum extent required by applicable state and federal law. PEHP will not
provide Continuation or Conversion Coverage if Employer or the Member fails to strictly comply with
all applicable notice and other requirements and deadlines.
2.4 Early Retiree Eligibility
2.4.1 Employer, at Employer’s sole discretion, may offer the Employer Plan(s) to the Employer’s Early
Retirees and their Eligible Dependents according to Eligibility standards adopted by the
Employer and provided to PEHP under the terms of this Agreement and attached in Appendix A.
Employer shall make available to their Eligible Early Retirees copies of any rules, regulations, and
restrictions limiting their options for coverage.
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2.4.2 Early Retirees and Eligible Spouses, as specified in Appendix A, upon reaching age 65, and no
longer working, will be eligible to convert their Early Retiree coverage to the Public Employees’
Medicare Supplement Plan if they elect to enroll in Medicare Plans A and B.
2.4.3 Early Retirees and Eligible Spouses, as specified in Appendix A, upon reaching age 65, and no
longer working, will be eligible to convert their Early Retiree coverage to Medicare Part D at any time..
2.4.4 The Employer share of Rate payments for Early Retirees shall be at least as much as that of active
Employees.
2.4.5 The rate for Early Retiree coverage may be higher than the rate charged for active Employees.
Specific rates may be included in Appendix A.
2.4.6 Termination of Early Retiree coverage does not constitute a qualifying under COBRA.
If an Employee elects Early Retiree coverage, the Employee is not eligible for COBRA coverage
thereafter.
2.5 Long-Term Disability Continuation of Coverage
2.5.1 Eligible Employees who are approved for long-term disability benefits with PEHP’s Long-Term
Disability Program under Utah Code Annotated, Title 49, Chapter 21 (“Disabled Employee”), are
Eligible to continue coverage with PEHP until the earlier of: 1) the Disabled Employee is no longer
receiving long-term disability benefits, 2) the Disabled Employee fails to make the required payment to
PEHP each month as set forth below, 3) Employer cancels medical coverage with PEHP, or 4) the
Disabled Employee or his/her spouse attains the age of 65.
2.5.2 Upon turning age sixty-five (65), the Disabled Employee or his/her spouse will be Eligible to
continue with a PEHP-sponsored Medicare Supplement plan, but will be required to pay the full
monthly Rate. The Disabled Employee or spouse who is younger than 65, or any other Eligible
Dependents covered on the plan younger than 65, will remain Eligible for PEHP coverage until they
meet one of the other criteria listed above or no longer meet Dependent Eligibility criteria.
2.5.3 Each Disabled Employee who qualifies for PEHP coverage must pay a portion of the monthly
PEHP payment to remain Eligible for PEHP Benefits as set by PEHP and outlined in the Master Policy
attached in Appendix A.
SECTION 3 – RESPONSIBILITIES OF EMPLOYER
3.1 In General
3.1.1 In addition to the responsibilities addressed throughout this Agreement, Employer agrees to the
following responsibilities and obligations.
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3.2 Rate Payments
3.2.1 Employer is responsible to collect and remit Rates to PEHP. By remitting Rates to PEHP,
Employer certifies to PEHP that the Employer/Employee Rate share complies with the affordability
standards of PPACA. Other than as required by state or federal law, nothing contained in this
Agreement shall obligate the Employer to contribute any specific percentage of the contribution, nor to
provide any specified credits for sick leave conversion, etc. to any Employee.
3.2.2 To the extent Employer requires its Employees to contribute to Rates, Employer agrees to collect
those contributions from its Employees and remit the same to PEHP together with a copy of a
remittance report. Such contributions and report will be submitted to PEHP monthly following the
appropriate payroll dates. By remitting Rates, Employer certifies that all Employees meet the
Eligibility requirements agreed upon under this Agreement.
3.2.3 Employer’s obligation to pay the full Rates to PEHP is not contingent upon Employer’s ability to
collect any percentage of the Rates that Employer requires to be paid by Subscribers.
3.2.4 Rates will be considered late if received more than thirty days after the date of the corresponding
invoice from PEHP.
3.2.5 Notwithstanding any other provision of this Agreement, if Employer is late in any required
payment to PEHP, PEHP shall assess Employer a 5% penalty on late payments.
3.2.5 Notwithstanding any other provision of this Agreement, if Employer fails to pay a required
invoice to PEHP within sixty (60) days after the date of the corresponding invoice from PEHP, PEHP
shall immediately suspend payment of claims until payment is made in full; in such case, the Employer
shall be responsible for any payment to Providers, including any late fees, as applicable; or immediately
terminate this Agreement in accordance with Section 7.2.
3.3 Employment Verification and Status
3.3.1 To the extent Employer is responsible to determine Eligibility standards under this Agreement,
Employer agrees to provide those standards to PEHP at least ninety (90) days prior to the start of the
Plan Year, as provided in Section 2.1.
3.3.2 Employer agrees to verify employment status and date of employment information contained in
any new applications filed by Employees, and Employer agrees to inform PEHP of any change in
Employee or Dependent status or of the termination of coverage of any Employee or Dependent,
including any COBRA Qualifying Events, on a semi-monthly basis, in accordance with Section 2.4.
3.3.3 It is the responsibility of the Employer to obtain and maintain updated, accurate records
specifying enrollment information, Member files, Eligibility information, Effective Dates, and
Employee status information. Employer agrees, to the extent requested by PEHP, to provide PEHP
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with current and updated copies of all completed enrollment forms and other documentation as deemed
necessary by PEHP.
3.3.4 Payment of Rates shall constitute Employer’s certification that Employer and all its Members
meet the Eligibility standards as outlined in Utah Code Annotated Title 49, Chapter 20, and as
established under this Agreement.
3.4 Compliance
3.4.1 Employer is responsible for its own compliance with applicable laws, rules, and regulations,
including requirements to provide information to Members about their coverage. This includes all
applicable requirements under PHSA, HIPAA, PPACA, COBRA, and any other state and federal
requirements that apply to the Plan.
3.4.2 Employer agrees to notify PEHP when Employer receives Medicare secondary payer information.
3.4.3 Employer shall distribute to Employees all forms, documents, and notices as required by law (i.e.
Summary of Benefits and Coverage, Benefit Summaries). In accordance with Section 4.4, PEHP may
assist Employer in the production of such forms, documents and notices. Employer maintains sole
responsibility to ensure compliance with federal law.
3.5 Miscellaneous
3.5.1 Employer certifies it is a political subdivision of the State of Utah and that both Employer and its
Eligible Employees qualify to participate with PEHP, and Employer agrees to notify PEHP prior to its
losing Eligibility to participate with PEHP.
3.5.2 It is Employer’s responsibility to provide Subscribers a 30-day written notice of the Agreement’s
termination.
3.5.3 Except as modified in this Agreement, Employer shall be responsible for all tax consequences or
penalties resulting from participation in the PEHP plans or programs.
SECTION 4 – RESPONSIBILITIES OF PEHP
4.1 Plan Services
4.1.1 Employer hereby agrees that it is the sole responsibility and right of PEHP to contract with,
negotiate policies, procedures, and plan provisions, in reference to physicians, hospitals, facilities,
corporations, or other service Providers. PEHP agrees to establish and maintain its usual hospital and
physician relations activities, Subscriber service activities, investigative and claim review procedures,
legal review and defense services, and shall take all reasonable measures to prevent the allowance and
payment of improper claims for Employer.
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4.1.2 PEHP shall provide Employer with all administrative services provided by PEHP to its other
policy holders. A monthly fee for administrative services shall be included in the Rate amount, on a Per
Member Per Month (“PMPM”) basis, at the Rate specified in Appendix A.
4.1.3 PEHP shall provide Reinsurance coverage as provided for in Section 5. PEHP will charge a
monthly reinsurance fee, on a PMPM basis, at the Rate specified in Appendix A. The reinsurance fee is
included in the Employer Rate.
4.1.4 At Employer’s request, PEHP may facilitate an on site medical clinic for Employer’s employees
in accordance with the terms in Appendix B.
4.1.5 PEHP shall make available to Members an electronic enrollment process via the www.pehp.org
website. PEHP shall also furnish to the Employer appropriate enrollment forms for distribution to new
Eligible Employees. Upon receipt and processing of enrollment information, PEHP will distribute
identification/prescription cards and Benefit brochures to Subscribers.
4.2 Reporting
4.2.1 These reporting provisions are subject to the confidentiality provisions of Section 6.
4.2.2 PEHP shall provide Employer with regular reports of the total amount paid to Providers in
Employer’s risk pool.
4.2.3 If Employer employs over 100 Subscribers, PEHP shall provide Employer with Employer-specific
quarterly utilization reports. These Employers may request additional ad hoc reports as needed.
However, to the extent that any specific requested reports may be unique and costly to produce,
Employer agrees to pay PEHP the reasonable cost of assembling and preparing such additional
information and reports, so long as the cost of any such report has been made available to Employer in
advance and Employer has agreed in writing to pay such costs. PEHP may decline to produce reports if
PEHP determines that doing so would violate state or federal law.
4.2.4 If Employer employs over 100 Subscribers, Employer and/or its designated Business Associates,
as defined by HIPAA, shall be entitled, upon written request from Employer, to receive a copy of
individual data pertaining to Employer in accordance with Utah Code Ann. § 49-11-618 and applicable
Board resolutions for the sole purpose of reviewing claims and utilization experience for individuals
covered by the program. PEHP shall not provide diagnosis information unless specifically requested by
Employer, and Employer has demonstrated to the satisfaction of PEHP that the individual diagnosis is
essential to the review process, in which case, PEHP may require a separate release statement.
Employer hereby agrees to never share or otherwise divulge this individual data to any other person or
unit of government, unless subpoenaed by a court or governmental entity having proper jurisdictional
authority. When requesting this data, Employer will designate an officer or employee responsible for
receipt and custody of the data and hereby agrees to indemnify and hold PEHP harmless against any
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claims, loss, damage, injury or other liability resulting from the disclosure of confidential medical data
by any officer or employee of Employer.
4.2.5 Subject to the foregoing provisions, PEHP may provide specialized or additional reports to
Employer, at Employer’s request. PEHP may charge a fee to Employer for such special reporting
requests as negotiated between the parties.
4.3 Record Retention and Review
4.3.1 PEHP shall maintain, or cause to be maintained, records covering claims submitted to PEHP
hereunder as well as payment disbursed by it. The records shall be maintained for the same period of
time that PEHP retains like records in connection with its claims administration.
4.4 Claims Payment, Customer Service and Appeals
4.4.1 PEHP shall adjudicate claims within forty-five (45) days upon receipt of all information necessary
to accurately make a claim determination pursuant to PEHP’s policies and procedures. Necessary
information to adjudicate claims shall include, but is not limited to, information regarding coordination
of benefits (“COB”) from the primary insurance carrier, if applicable.
4.4.2 PEHP shall notify Members of paid or rejected claims and the reason for the rejection through an
explanation of benefits, which shall be sent within one (1) week of PEHP’s adjudication of the claim.
4.4.3 PEHP shall advise and aid claimants in meeting requirements for additional information and
proper completion of claim forms.
4.4.4 PEHP shall maintain customer service staff and telephone numbers to provide information and
response to inquiries of Members regarding program coverage and Benefits as well as specific
information concerning claims, such as: status of claim, date paid/denied, amount, and Provider.
4.4.5 PEHP shall provide a website with general Plan information, specific claims information, and cost
tools for evaluating and finding Providers.
4.4.6 PEHP shall discuss claims, where applicable, with physicians and other Providers of services.
4.4.7 PEHP shall obtain and furnish information, as necessary, regarding non-duplication of payment or
COB.
4.4.8 PEHP will correct payment of claim errors for up to 12 months following the adjudication of a
claim. For claims involving COB, PEHP will have up to 15 months following the adjudication of such
claims to make adjustments. These time frames will not apply in instances where PEHP determines
that the claims were paid due to fraud.
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4.4.9 PEHP shall provide a claims adjudication and appeals process to resolve any disputes regarding
Benefits under this Agreement. Members and Providers are required to cooperate with this process in
any dispute with PEHP as outlined in the Master Policy attached in Appendix A.
4.4.10 PEHP shall provide additional Member Services, including Case Management, Disease
Management, and Wellness Programs.
4.4.11 If Employer requests for correctly-paid claims to be reprocessed, Employer agrees to pay the
administrative costs of reprocessing in accordance with PEHP’s policies and procedures.
4.5 Information for Members
4.5.1 Employer, with cooperation from PEHP, shall produce any required forms or documents required
by law to be distributed to Employees. Employer shall bear the responsibility to distribute such
documents, in accordance with Section 3.4. PEHP may assist Employer with creation and production
of documents, as specified in this Section.
4.5.2 PEHP shall assist Employer in its distribution by making available Plan-specific Benefits
Summaries, Master Policies, Rates, forms and documents online at www.pehp.org, which will include
the ability for Members to check status of claims and other information.
SECTION 5 – FUNDING
5.1 Self-Funded Status
5.1.1 Employer acknowledges and agrees that through this Agreement Employer participates in a selfinsured plan, and that plan is part of a self-insured risk pool. Employer maintains the financial risk
associated with that plan and the risk pool. Such risk includes, but is not limited to claims expenses for
covered Benefits and any interest required to be paid.
5.1.2 Risk pool reserves held by PEHP are owned by, returned to, and credited for interest earnings to
Employer in accordance with Section 5.3 and Appendix A.
5.2 Establishment of Rates
5.2.1 PEHP shall have sole discretion to determine Rates. The Rates will remain the same until the end
of the plan year. However, upon notice to Employer, PEHP may reasonably modify the Rates mid-year
if federal or state laws or regulations mandate an adjustment of Benefits under the Agreement, or if
contingency reserves fall below the level required by the PEHP actuary.
5.2.2 It is understood and agreed that Appendix A outlines the Rates to be paid by Employer for the
Plan(s) in which Employer participates during the current term. Rates include administrative fees and
reinsurance fees as determined necessary by PEHP, and as listed in Appendix A. Rates do not include
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broker/consultant fees, if any. Rates include, but are not limited to the health experience of Employees
and their Dependents, Early Retirees, LTD Participants, and Members covered under COBRA and/or
Conversion Coverage.
5.2.3 It is further understood and agreed that PEHP will provide notice to Employer of estimated
regular Rate changes ninety (90) days prior to the end of the contract term, with the Rate change to be
effective on the date of renewal of the plan year.
5.2.4 Notice of Rate increases relating to Medicare Supplement programs offered by PEHP will be
provided by PEHP unless Medicare benefits change information has not yet been made available to
PEHP by the Medicare authorities. All changes will become effective on January 1 of each year.
5.3 Reserves
5.3.1 Pursuant to Utah Code Annotated § 49-20-301, PEHP plans “shall be maintained on a financially
and actuarially sound basis by payments from covered employers and covered individuals.” Utah Code
Annotated § 49-20-402(1) provides, “The reserves in a risk pool in a given fiscal year shall be
maintained at the level recommended by the program’s consulting actuary and approved or ratified by
the Board. If the reserves drop below that level, covered employers in the risk pool are required to cure
any deficiency in the reserve.”
5.3.2 PEHP shall provide Employer with reserve recommendations from its consulting actuary upon
request from Employer. PEHP shall provide Employer with financial statements regarding the level of
reserves in Employer’s risk pool.
5.3.3 If the reserves in Employer’s risk pool drop below the recommendation of the consulting actuary,
Employer shall be responsible to pay the difference (or the pro-rata difference if Employer is in a multiEmployer risk pool) to PEHP within fifteen (15) days following the request. In the case of a deficit in
reserves, Employer agrees to pay PEHP interest of 1% per month for each month after the end of the
month in which Employer maintains a deficit.
5.3.4 PEHP, upon recommendation of its consulting actuary, shall determine when “substantial excess
reserves” have been accrued in accordance with Utah Code Annotated § 49-20-402. In such a case, and
upon Board approval, PEHP shall refund reserves to Employer (on a pro-rata basis if Employer is in a
multi-Employer risk pool) in a manner approved by the Board.
5.4 Claims Reinsurance
5.4.1 All Employers participating in the PEHP health plans shall participate in a self-funded
Reinsurance Plan governed by the Utah State Retirement Board (the "Board"), as described in
Appendix A. 5.4.2 As outlined elsewhere in this Agreement, the Employer self-funded Rate includes
both a specific stop loss and aggregate reinsurance cost. The Reinsurance cost is set forth in Appendix
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A. Reinsurance fees are not self-insured, and Employer shall have no recourse to recover any of these
amounts paid.
5.5 Administrative Costs
5.5.1 Employer is responsible to pay its share of administrative costs on a PMPM basis. The
administrative fee is included in the Employer Rate, according to the schedule in Appendix A.
Administrative fees are not self-insured, and Employer shall have no recourse to recover any of these
amounts paid.
SECTION 6 – CONFIDENTIALITY
6.1 HIPAA. The parties agree that the acts, duties and obligations required by this Agreement shall be
performed in compliance with the Privacy and Security Rules as promulgated under HIPAA.
6.2 Utah Law. Employer understands that under Utah Code Annotated § 49-11-618, “All data in the
possession of [PEHP] is confidential, and may not be divulged by [PEHP] except as permitted by board
action.” Employer acknowledges and agrees that this Agreement is subject to this rule of confidentiality.
6.3 Definition of Data. For the purpose of this Agreement, "data" means any information pertaining to
Employer’s participation with PEHP, Plan Rates, this Agreement, PEHP or its business practices, or the
personal health information (as defined by federal law) of any individual participating in the Plan
administered by PEHP.
SECTION 7 – TERM AND TERMINATION
7.1 Term of Agreement
7.1.1 Unless sooner terminated as herein provided, this Agreement shall be effective for a one year term
and pertain to claims incurred during the period January 1, 2015 through December 31, 2015.
7.1.2 This Agreement shall be renewed automatically for one year terms unless Employer notifies
PEHP of its intent to terminate as provided herein.
7.2 Termination
7.2.1 This Agreement, and coverage for all Members under this Agreement, can terminate for the
reasons listed below.
7.2.2 This Agreement may be terminated by Employer by providing PEHP with written notice at least
ninety (90) days prior to the end of the current one year term. PEHP will not accept retroactive
termination dates.
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7.2.3 PEHP may immediately terminate Employer’s coverage upon written notice if PEHP determines
that Employer is in breach of this Agreement. The following circumstances constitute a breach:
a. Employer fails to pay the required Rates in accordance with this Agreement;
b. Partial payment will be treated as nonpayment unless PEHP, at its sole discretion, indicates
otherwise in writing;
c. Employer performs an act or practice that constitutes fraud or makes an intentional
misrepresentation of material fact under the terms of the coverage;
d. Employer’s status changes to an entity that is not a political subdivision of the State of Utah;
e. Employer’s membership in an entity through which this Agreement was made available
ceases; or
f. Employer fails to satisfy PEHP’s minimum contribution requirement, which is 100% of
single coverage or 50% of family coverage.
g. Employer fails to satisfy the minimum Employer participation requirements in Section 2.1.6
of this Agreement.
7.2.4 Employer agrees that if proper written notice of termination is not given within the designated
time parameters, a penalty of up to one percent (1%) of total annual Rate may be assessed on Employer
at the sole discretion of PEHP.
7.2.5 It is Employer’s responsibility to provide Subscribers a 30-day written notice of the Agreement’s
termination. PEHP will provide a sample notice upon request.
7.2.6 Upon termination or expiration of this Agreement, PEHP shall continue to process and pay claims
for services obtained or charges incurred by Employer’s Members prior to the date of termination or
expiration of this Agreement for a period of 12 months after the date of termination (“Run-Out
Period”). PEHP shall not pay for Services obtained or charges incurred after the date of termination,
regardless of when a condition arose and despite care or treatment anticipated or already in progress.
7.2.7 If Employer breaches this Agreement in accordance with Section 7.2.3 of this Agreement, which
results in termination of this Agreement, PEHP shall pay no further claims, regardless of the date
incurred. Employer shall be responsible for any such claims. Employer shall be responsible to pay
PEHP for all reinsurance and administrative costs due prior to the date of termination, regardless of any
other provision in this Agreement.
7.2.8 Upon termination of this Agreement, Employer shall be responsible for any deficits in the risk
pool as determined by PEHP.
SECTION 8 – GENERAL TERMS
8.1 Interpretation. The attached Appendices are complementary to this Agreement and what is called
for by any one of them shall be binding as if called for by all. In the event of any inconsistency between
the provisions of the Agreement and the documents accompanying this Agreement, the inconsistency
shall be resolved by giving precedence first to the Appendices and then to this Agreement. This
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Agreement will be interpreted and enforced according to the laws and regulations of the State of Utah and
any applicable federal laws or regulations. If an inconsistency exists between the Agreement and any
applicable law, this Agreement will be construed to include the minimum requirements of the applicable
law.
8.2 Indemnification. PEHP agrees to indemnify Employer from and against any claims or other liability,
including attorney fees, based upon PEHP’s failure to comply with its obligations under the Agreement.
Employer agrees to indemnify PEHP from and against any claims or other liability, including attorney
fees, based upon Employer’s failure to comply with its obligations under the Agreement.
8.3 Amendment and Assignment. This Agreement may be modified or amended only by a written
instrument executed by duly authorized officers of the parties hereto. This Agreement may not be
assigned by either party without the written consent of the other party.
8.4 Default. If either party defaults in the performance of this Agreement or any of its obligations
hereunder, the defaulting party shall pay all costs and expenses, including reasonable attorney’s fees,
which may arise or accrue from enforcing the Agreement or from pursuing any remedy provided
hereunder.
8.5 Force Majeure. Neither party will be responsible for a delay in performing its obligations under the
Agreement due to circumstances reasonably beyond its control, such as natural disaster, epidemic, riot,
war, terrorism, or nuclear release.
8.6 Dispute Resolution. This Agreement is entered into in the State of Utah and shall be governed by the
laws of said state, notwithstanding any conflicts of laws principles. Any dispute arising out of this
Agreement will be subject to the exclusive jurisdiction of the administrative hearing process found in
Utah Code Annotated § 49-11-613.
8.6 Conflict of Interest. PEHP represents that it has not knowingly influenced, and hereby promises that
it will not knowingly influence, an Employer officer or employee, or former Employer officer or
employee, to breach any ethical standards applicable to Employer. Employer represents that it has not
knowingly influenced, and hereby promises that it will not knowingly influence any PEHP officer or
employee or former PEHP officer or employee to breach any ethical standard applicable to PEHP.
8.7 Severance. In the event any portion of this Agreement is determined to be unconstitutional, unlawful
or otherwise unenforceable in the State of Utah, only the unconstitutional portion of the Agreement will
be severed and the remaining portion of the Agreement will continue in effect and be binding on the
Parties, provided that such holding of invalidity or unenforceability does not materially affect the essence
of the Agreement.
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8.8 Notice.
8.8.1 Any notice required herein of PEHP shall be addressed to Employer at the address listed in
Appendix A, and when required of Employer, shall be addressed to PEHP, Marketing Department,
Public Employees’ Health Program, 560 East 200 South, Salt Lake City, Utah 84102-2004, or
[email protected] (or current Marketing Manager).
8.8.2 All required notices shall be sent by at least first class mail or electronic mail.
8.8.3 Any notice PEHP is required to send will be sufficient if:
a. For notice to Employer, notice is sent to the address listed in Appendix A;
b. For notice to a Subscriber, notice is sent to the address PEHP has on record; and
c. For notice to a Dependent, notice is sent to the Subscriber.
8.8.4 Any notice Employer is required to send will be sufficient if sent to the address listed above.
8.9 Waiver. Failure by either party to insist upon strict compliance with any part of this Agreement or
with any procedure or requirement will not result in a waiver of its right to insist upon strict compliance
in any other situation.
8.10 Workers’ Compensation Insurance. The Agreement does not provide or replace workers’
compensation coverage for Employer’s Employees. Employment-related injuries are not covered under
the Agreement.
8.11 Relationship of the Parties. This Agreement is a contract for services and does not create an
agency relationship. Employer does not have the authority to act as PEHP’s agent. PEHP is not
Employer’s agent for any purpose.
SECTION 9 – DEFINITIONS
9.0 In General. This Agreement contains certain defined terms that are capitalized in the text and
described in this Section. Words that are not defined have their usual meaning in everyday language.
9.1 Adult Designee. If Employer accepts Adult Designees as Dependents, the qualifications agreed upon
by Employer and PEHP will be included in Appendix A.
9.2 Agreement. This Employer Health Insurance Agreement, including the Employer Application and all
other documents expressly referred to and incorporated by reference.
9.3 Benefit(s). The payments and privileges to which Members are entitled by this Agreement.
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9.4 Continuation or COBRA Coverage. Coverage required by the Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA) and/or coverage allowed under Utah Code Annotated § 31A-22722 (Mini-COBRA).
9.5 Conversion Coverage. Coverage provided under Utah Code Annotated § 31A-22-723.
9.6 Dependent(s). An Employee’s lawful spouse (or Adult Designee if allowed by Employer) and any
child who meets the Eligibility criteria under this Agreement.
9.7 Early Retiree. A former Employee of Employer who is under age 65 and who meets Employer’s
Eligibility criteria as defined by Employer in Appendix A.
9.8 Effective Date. The date on which coverage for a Member begins.
9.9 Employee. An individual employed by Employer.
9.10 Employer Plan (or “Plan(s)”). The group health and/or other Benefit plan(s) elected and sponsored
by Employer under this Agreement and attached in Appendix A.
9.11 Eligible, Eligibility. The criteria or standards, established by Employer and/or PEHP under this
Agreement and Appendix A, in order to participate in a PEHP health plan.
9.12 HIPAA. The Health Insurance Portability and Accountability Act found at 45 C.F.R. §§ 160 and
164, as amended.
9.13 Master Policy. The document(s), considered part of this Agreement, which describe(s) the terms
and conditions of the health insurance Benefits with PEHP, including the Benefit Summary, and which is
available online at the address listed in Appendix A, or by request.
9.14 Member. As defined in the Master Policy attached in Appendix A, a Subscriber, including an
Employee, Early Retiree, LTD Participant, COBRA Participant, Conversion Coverage Participant, and
any Dependent, when properly enrolled in the Plan and accepted by PEHP.
9.15 PHSA. The Public Health Service Act of 1944, codified in United States Code, Title 42, as
amended.
9.15 PPACA. The Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended,
including the Health Care Education Reconciliation Act of 2010, Pub. L. No. 111-152, as amended.
9.16 Provider. A vendor of healthcare Services as defined in the Master Policy.
9.17 Rate(s). The amount paid periodically by Employer and/or Subscribers to PEHP as consideration
for providing Benefits under the Plan. The Contribution rate is specified in Appendix A.
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9.18 Service(s). Services provided by a Provider, including medical practices or care, treatment, tests,
supplies, equipment, devices, or drugs.
9.19 Subscriber. An Employee that enrolls with PEHP, as defined in the Master Policy.
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SECTION 10 – SIGNATURE PAGE
EXECUTED this _______day of __________________, 20__.
UTAH RETIREMENT SYSTEMS
PUBLIC EMPLOYEES HEALTH PROGRAM
By_____________________________________
Chet Loftis
Director, Public Employees Health Program
EXECUTED this ______day of ____________________, 20__.
[Employer Name]
By ______________________________________
[Name]
[Title]
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APPENDIX A
Plan Year:
January 1, 2015 – December 31, 2015
A-1 Benefits
A Employer Plans/Programs
Master Policy & Benefit Grid – members can access at www.pehp.org or on Employer’s
website.
Summary of Benefits & Coverage (SBC) – members can access at www.pehp.org or on
Employer’s website.
Provider Directory - Provider directories for the Employer plans are found online at
www.pehp.org. Provider directories are subject to change without notice. PEHP shall
make reasonable efforts, as determined by PEHP, to inform Employer and Members if a
material disruption shall occur to provider networks during the term of this Agreement.
Wellness Programs
PEHP offers the Healthy Utah wellness program for Employer. If Employer elects to
offer additional wellness programs to employees, Employer shall be solely responsible
for any federal law compliance related to such additional program, included taxability of
rebates and tracking applicable wellness limits for employees.
Adult Designee
Employer has elected to provide coverage to Employer adult designees.
Adult designee means a person selected by an employee and meets the following criteria:
1. Resides in the same domicile with the employee for the past 12 consecutive months
and intends to remain so;
2. Is at least 18 years of age;
3. Is not related to the employee in a way that would disqualify the individuals from
being legally married under Utah law; and
4. Provides evidence to the employer that the adult designee is dependent upon, or is
mutually dependent with the employee.
Acceptable evidence shall include either: a) Any Internal Revenue Service form defining
the Adult Designee as a dependent; or b) Any three of the following four documents:
(i)
A joint loan obligation, mortgage, lease or joint ownership of a vehicle;
(ii)
A life insurance policy, retirement benefits account, mutually granted power of
attorney for healthcare or financial management, or a Will designating the Adult
Designee as beneficiary thereto, or Will of the employee or the Adult Designee
which designates the other as executor;
(iii)
Proof showing that the employee or Adult Designee is authorized to sign for
purposes of the other’s bank or credit account;
(iv)
Proof of a joint bank or credit account.
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5. Employer shall be solely responsible for determining the eligibility of adult designees
in accordance with this Agreement. Employer must maintain sufficient evidence of
records to show eligibility for adult designees.
6. Employer shall be solely responsible to PEHP for any amounts incurred by ineligible
adult designees which were not eligible under this Agreement.
7. Employer acknowledges that it shall be solely liable for any tax consequences related
to adult designees, and that PEHP maintains no responsibility or any kind for any
taxes which may be owed.
8. Adult designee rates are included in the rate section of this Appendix.
Early Retiree
Employer may elect to provide Early Retiree benefits to its Early Retirees. PEHP shall
only enroll Employer’s retirees if the following conditions are met:
1. Employer takes official action (i.e. City Council resolution; board action; etc) to
adopt an early retiree benefit policy and provides such policy to PEHP. Such policy
shall define the eligibility standards for early retirees, including the time frames
associated with early retiree coverage.
2. PEHP shall accept early retirees prospectively from the date of the official action
forward. Employer acknowledges that early retirees are not eligible for continuing
benefits (COBRA or mini-COBRA) after their early retiree period.
a. Early retiree rates shall be 102% of the active employee monthly rate prior to
18 months.
b. 130% of the active employee monthly rate after 18 months.
3. Employer shall pay all rates associated with early retirees. Any amounts owed by
early retirees for coverage, shall be collected by Employer.
B Vesting Standards for LGRP
1. Employer hereby acknowledges that it participates in the Local Governments Risk
Pool (“LGRP”) sponsored by PEHP, which is a multi-employer self-funded risk pool.
Participation in the LGRP requires meeting PEHP’s vesting requirement, which
include:
a. An Employer is vested with PEHP when either:
i. the Employer provides two years of specific plan benefits and claims
costs to PEHP to appropriately determine rates; or
ii. the Employer continuously participates with PEHP in the LGRP for
three years.
b. If an Employer is vested with PEHP, the Employer may terminate this
agreement with no further obligation to LGRP. At the time of termination,
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the Employer shall not receive any LGRP reserve funds, and shall not pay
any deficits incurred or paid by Employer to LGRP.
c. If Employer is not vested with PEHP and terminates this Agreement before
becoming vested, Employer will immediately pay PEHP for any deficits
incurred during its participation with LGRP. Deficits mean the difference
between claims paid by PEHP, including administrative costs, and the rates
paid by Employer, including all Employer allocated investment earnings or
deficits. Deficits shall be solely determined by PEHP. Any calculations
regarding deficits will include Employer's claims presented and paid by
PEHP over the 12 months following Employer's termination of this
Agreement.
d. Any surpluses attributable to the Employer (when rates exceed premiums),
whether vested or non-vested, will remain with PEHP for the benefit of the
Employers participating in the LGRP.
2. Employer IS NOT deemed vested by PEHP.
C Reinsurance
1.
Each Employer shall participate in the PEHP Reinsurance Risk Pool and pay the
applicable rates for such services. Reinsurance rates are included in rates found
in Appendix Section A-2. The Reinsurance Plan covers:
A.
Specific stop loss coverage (large medical claims exceeding $100,000
annually) calculated on an incurred in 12 months and paid in 15 months
basis; and
B.
120% to 135% of aggregate stop loss coverage of expected claims.
2.
The PEHP Reinsurance Risk Pool specifically excludes coverage for any claims
incurred:
A.
Outside of the eligibility standards of this agreement or the Master
Policy; or
B.
For benefits not specifically covered by the Master Policy.
If Employer approves claims or benefits not covered by this Agreement or the Master Policy,
Employer shall be responsible for all claims expenses associated with such charges.
Notwithstanding any other provision of this Agreement, PEHP shall have no liability to pay any
claims, benefits or make other payments that are not specifically stated in this Agreement or the
Master Policy.
A-2 Additional Terms
A
Following termination of this Agreement, PEHP shall pay claims incurred prior to
termination of this Agreement for 12 months.
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B
C
Conflict of Interest – Employer acknowledges that PEHP is a public employer, and that
no employee or officer is related to any employee or officer of PEHP within two degrees
of consanguinity except as has been previously disclosed to PEHP.
Additional Reporting Requests - PEHP shall provide regular reports to Employer as
described in the Agreement. PEHP may provide additional reports to Employer as
negotiated between Employer and PEHP. If such additional reports are agreed upon and
authorized by PEHP, Employer agrees to pay PEHP the reasonable costs of producing
such reports at the rate of $20/hour and $.10/page for printed reports.
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FIRST AMENDMENT TO THE
PUBLIC EMPLOYEES’ HEALTH PROGRAM
EMPLOYER HEALTH INSURANCE AGREEMENT
This Amendment (“Amendment”) is made and entered into as of the 13th day of January,
2015 (“Effective Date”), by and between City of Moab , a Utah public employer
(“Employer”), and the Public Employees' Health Program (“PEHP”), as a program of the
Utah Retirement Systems, an independent state agency created under Utah Code Title 49.
WITNESSETH
WHEREAS, the parties have entered into an Employer Health Insurance Agreement
(“Agreement”), and
WHEREAS, the Agreement allows for an amendment to the terms through a written
instrument executed and authorized by the parties, and
WHEREAS, the Section 6055 and 6056 of the 2010 Patient Protection and Affordable
Care Act (“ACA”) requires applicable large employers to make certain reports to the IRS
and notifications to employees on a yearly basis; and
WHEREAS, federal regulations regarding such reporting requirement allow for a
governmental entity to designate another governmental entity to file Section 6056 reports
on its behalf; and
WHEREAS, the parties hereby designate PEHP to be the designated government entity
responsible for filing the applicable tax forms to comply with the reporting requirements
of Sections 6055 and 6056 of the ACA.
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree that:
1.
Nothing in the Agreement is deleted.
2.
The following provisions are added to Appendix A-1:
D. IRS Reporting
1. Employer hereby asserts to PEHP that it is an “applicable large employer” as
defined by federal law for ACA reporting purposes.
2. Employer hereby designates PEHP as the designated government entity
responsible for filing the applicable tax forms to comply with the reporting
requirements of Sections 6055 and 6056 of the ACA and their applicable
regulations.
3. Employer agrees to provide PEHP with the necessary information, as solely
determined by PEHP, and in a manner approved by PEHP, to accurately and
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timely comply with the above federal law reporting requirements. Such
information may include, but is not limited to,
a. The employment status of full-time employees;
b. A designation of whether an employee is full-time employee as
determined by federal law;
c. The eligibility for health coverage for full-time or non-full-time
employees;
d. The amount of premium share the eligible employee would have to pay
for the lowest cost single health coverage plan;
e. Social security numbers for dependents enrolled in the health coverage.
4. PEHP shall inform Employer of the reporting requirements and provide
Employer a format and time deadline in which Employer must provide the
necessary information to PEHP.
5. PEHP agrees to file all required reports under ACA Section 6055 and 6056 to
the IRS, as well provide Employer’s full-time employees with the required
notification.
6. The parties understand and agree that PEHP shall file these notifications and
reports based on the information Employer provides to PEHP. Under no
circumstances shall PEHP be responsible for any liability, penalty or damages
of any kind or imposed by any entity for the Employer’s failure to provide
timely, accurate or complete information to PEHP. PEHP’s liability in
producing these reports is solely and strictly limited to those penalties imposed
by federal law for reporting violations. As required by federal law, Employer
shall be solely liable for any tax penalties imposed under IRC Section 4980H.
PEHP shall never be liable to Employer for any damages, penalties or any other
available remedy for a violation(s) of the ACA reporting requirements.
7. Failure by the Employer to provide timely or accurate information to PEHP as
PEHP reasonably requests may, at PEHP’s sole discretion, void the obligations
of PEHP under this Appendix A-1, D. In such a case, Employer shall remain
responsible for any and all reporting requirements under federal law.
All other provisions of the Agreement shall remain unchanged and in full force and effect
for the remainder of the term of the Agreement as set forth herein.
This Amendment may be executed in counterparts, each of which shall constitute an
original and which taken together shall constitute one Amendment.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
Effective Date.
Utah State Retirement Office
Public Employees’ Health Program
[Employer]
By: ________________________
By: ________________________
Name: ______________________
Name: ______________________
Title: _______________________
Title: _______________________
Date: _______________________
Date: _______________________
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AGENDA SUMMARY MOAB CITY COUNCIL MEETING November 6, 2014 Agenda Item #: 1‐5 Title: Approval of Employee Health Insurance Proposal for an Effective Date of
January 1, 2015 Fiscal Impact: offset Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Recorder/Human Resources
Applicant: N/A
Background/Summary: As you are aware, we have been looking at Health
Insurance options for our group given the current negotiations between Moab
Regional Hospital and Regence Blue Cross of Utah.
We have solicited proposals from three companies maintaining our current
deductibles and coverage levels: Arches Medical, Public Employees Health
Program (PEHP) and Cigna. While both Arches and Cigna offered lower rates
comparatively, staff recommends PEHP as the provider of City health insurance.
PEHP is a division of Utah Retirement Systems (URS) and staff believes that
PEHP offers a superior insurance product and better networking coverage.
PEHP offers many resources for our employees such as wellness incentives,
quality/cost tools and as a non-profit agency that only insures local government
employees, the City will be eligible to participate in a rebate program similar to
Utah Local Governments Trust (please see the attached proposal for more
information on PEHP).
I have also attached financial comparisons of the rates we currently pay, the
rates that were budgeted and the proposed rates. This proposal anticipates
employee contributions towards premiums and employer contributions to the
Health Savings Accounts (HSA) to remain the same.
Please note that the PEHP proposed rate is approximately 13.28% higher than
the current BCBS rate,10.34% higher than our budgeted rate and that I have
determined potential offsets to the increase in premiums. The increase is
projected to be approximately $99,954 per year. We will realize a savings in the
Executive benefits budget of $65,000 and we have saved over $46,000 the last
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three years by self-funding our dental coverage. These funds will cover the
additional amount needed for the current budget year. Options: Approve, Deny or take no action. Staff Recommendation: Staff recommends awarding the 2015 Health
Insurance Proposal to Public Employees Health Plan at the rates listed and
maintaining the Health Savings Contributions at the rates listed. Recommended Motion: I move to approve the 2015 Health Insurance and
HSA rates as presented and to award the Health Insurance proposal to PEHP. Attachment(s): Health Insurance Rates Comparison
PEHP Health Insurance Proposal
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Health Insurance Rates* Comparison (January 1 - December 31, 2015)
Coverage Type
Family
2‐ Party
Member/Child
Single
Annual Costs
Estimated HSA
Totals:
FY 2014‐2015 Budgeted Rates
$ 1,538.99
$ 1,063.19
$ 1,538.99
$ 502.08
Current BCBS Rates
$ 1,499.03
$ 1,039.20
$ 1,023.50
$ 475.59
PEHP Proposed Rates
$ 1,620.45
$ 1,175.21
$ 1,610.64
$ 570.05
Impact to Budget
$ 81.46
$ 112.02
$ 71.65
$ 67.97
Employee Cost
$ 50.00
$ 30.00
$ 30.00
$ 15.00
$ 1,092,482.52 $ 1,064,102.40 $ 1,205,411.52
$ 203,000.00 $ 190,025.00 $ 190,025.00
$ 1,295,482.52 $ 1,254,127.40 $ 1,395,436.52 $ 99,954.00
$ (65,000.00) Executive Benefits
$ (34,954.00) Self Funded Dental Savings
$ (0.00) Total
HSA Annual Contributions 2015
Type
Family/2 Party
Single
* includes Dental and Vision
Match
Total
$ 3,275.00 $ 3,275.00
$ 1,650.00 $ 1,650.00
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R:\Health Insurance\rates.xlsx
Moab City Recorder's Office
11/5/2014
We appreciate the opportunity to offer healthcare benefits to you and your employees. Here are a
few things you should know about PEHP:
Serving the Public Sector
PEHP is not a traditional insurance company driven by profits; we’re a self-funded trust, created
and administered for Utah public employees. Employers choose PEHP because when costs are
reduced, employers, not PEHP, directly reap the financial benefit. For example, employers in the
Local Governments Risk Pool (LGRP) received a premium holiday earlier this year, amounting to
more than $10 million.
We are focused on providing exceptional service to our clients and members, and it shows. An
independent survey company found the level of satisfaction among PEHP members at 87% was “off
the charts” for this market. A recent survey of employers resulted in a 95% overall satisfaction
rating.
Low Cost Administration: A Value That Can’t Be Matched
You get a great value with our low cost administrative fee. We include more in the price than others.
You get hassle-free access to all hospitals and providers in Utah through a single insurance contract,
COBRA administration, online enrollment, “LTD premium waiver”, open enrollment services,
exceptional claims payment, customer service, and more.
Convenience
PEHP can be your single source for most employee benefits. All benefits from one source, means less
confusion an inequities for employees, plus better coordination and efficiencies. Ask us about
Dental, Life, LTD, Flex, or other benefit options.
PEHP’s Offer
Medical
The rates provided in the attached cost proposal are based on your participation in the Local
Governments Risk Pool (LGRP). We set pricing based on utilization, trends, and expected costs—we
never “buy business”.
PEHP is able to closely match current medical benefits with some modifications. The most
commonly used difference is in the pharmacy benefit. PEHP offers six different options for
pharmacy, see the Pharmacy Options for 2015 sheet for details. In addition, there may be policy
differences including limitations and exclusions. If you would like a copy of our Master Policy to be
compared to the current carriers master policy, please contact January Geertsen.
Dental
Consider offering one or two of our three dental plans to your employees. These plans are designed
to give employees the coverage they want at a low price. Preferred Choice is the lowest costing
option with standard coverage, while groups who prefer additional coverage can select the
Traditional or Premium plans.
Agenda
Page 102 of 112
Additional Benefits Included:
•
•
•
•
•
•
Agenda
Healthy Utah and Waist Aweigh are proven wellness programs where your employees can
earn rebates and incentives by completing health screenings and assessments or improving
health by lowering their risk factors.
PEHP Integrated Care, maximizes savings and patient care. Disease management, wellness
programs, case management, and pharmacy work together under Integrated Care to help
members achieve the best possible health and wellness stature while keeping costs down.
WeeCare is PEHP’s prenatal program. It helps expectant mothers have a healthy pregnancy,
a safe delivery, and a healthy baby.
The PEHP Out-of-State Network Card offers members the ability to receive in-network
benefits when traveling outside of the state.
PEHP shares 100% of all pharmacy rebates with the groups who earned the rebate. In 2013,
PEHP returned more than $14 million to the various pools.
All of your employees are likely eligible for PEHP Medicare Supplement plans when they
retire, whether you offer PEHP benefits or not. Medicare Supplement eligibility is tied to
their Utah Retirement Systems benefit. When your retirees become Medicare eligible, have
them contact PEHP for their options.
Page 103 of 112
Moab City Cost Proposal
Medical and Dental
January 1, 2015 - December 31, 2015
PEHP proposes the options below for Moab City.
Please note:
• Rates are effective January 1, 2015 – December 31, 2015
• PEHP STAR plans are HSA-qualified high deductible health plans
• All medical plans rated below include pharmacy benefits; however, if Pharmacy Benefit B is
selected there will be a rate increase of 1.5% (see Pharmacy Options for 2015 sheet for plan
details)
• All rates listed are monthly
• Rates listed below include non contracted provider benefits (a complete list of providers can be
found at pehp.org)
• Rates are for active employees only (COBRA and retiree rates are higher depending on status)
• Rates are only valid if PEHP is the sole carrier
• If Enrollment varies by +/- 10% PEHP reserves the right to adjust the rates as necessary
• There are two Preferred Choice Dental plan options. The lower priced option includes a 5-year
waiting period for missing teeth and a 6-month waiting period for major dental work for new
enrollees. You can pay little more for Preferred, or select Traditional Choice or Premium Choice
MEDICAL PLANS
Advantage or Summit STAR
SINGLE
549.92
DOUBLE
1138.33
FAMILY
1539.77
45.27
45.81
46.74
50.98
61.91
62.66
63.94
69.70
93.72
94.85
96.79
105.52
DENTAL PLANS
Preferred Choice (with waiting periods)
Preferred Choice
Traditional Choice
Premium Choice
Agenda
Page 104 of 112
Medical Networks
PEHP Medical Networks
PEHP Advantage Care
PEHP Summit Care
The PEHP Advantage Care network of contracted
providers consists of predominantly Intermountain
Healthcare (IHC) providers and facilities. It includes 34
participating hospitals and more than 7,500 participating
providers.
The PEHP Summit Care network of contracted
Providers consists of predominantly IASIS,
MountainStar, and University of Utah hospitals & clinics
providers and facilities. It includes 39 participating
hospitals and more than 7,500 participating providers.
PARTICIPATING HOSPITALS
Beaver County
Beaver Valley Hospital
Milford Valley Memorial Hospital
Box Elder County
Bear River Valley Hospital
Cache County
Logan Regional Hospital
Carbon County
Castleview Hospital
PARTICIPATING HOSPITALS
Salt Lake County (cont.)
The Orthopedic Specialty Hospital (TOSH)
LDS Hospital
Primary Children’s Medical Center
Riverton Hospital
San Juan County
Blue Mountain Hospital
San Juan Hospital
Duchesne County
Uintah Basin Medical Center
Garfield County
Garfield Memorial Hospital
Grand County
Moab Regional Hospital
Iron County
Valley View Medical Center
Juab County
Central Valley Medical Center
Kane County
Kane County Hospital
Millard County
Delta Community Medical Center
Fillmore Community Hospital
Salt Lake County
Alta View Hospital
Intermountain Medical Center
Box Elder County
Bear River Valley Hospital
Brigham City Community Hospital
Cache County
Logan Regional Hospital
Sanpete County
Gunnison Valley Hospital
Sanpete Valley Hospital
Davis County
Davis Hospital
Beaver County
Beaver Valley Hospital
Milford Valley Memorial Hospital
Carbon County
Castleview Hospital
Sevier County
Sevier Valley Medical Center
Davis County
Lakeview Hospital
Davis Hospital
Summit County
Park City Medical Center
Duchesne County
Uintah Basin Medical Center
Tooele County
Mountain West Medical Center
Garfield County
Garfield Memorial Hospital
Uintah County
Ashley Valley Medical Center
Grand County
Moab Regional Hospital
Utah County
American Fork Hospital
Orem Community Hospital
Utah Valley Regional Medical Center
Iron County
Valley View Medical Center
Wasatch County
Heber Valley Medical Center
Juab County
Central Valley Medical Center
Kane County
Kane County Hospital
Washington County
Dixie Regional Medical Center
Millard County
Delta Community Medical Center
Fillmore Community Hospital
Weber County
McKay-Dee Hospital
Salt Lake County
Huntsman Cancer Hospital
Jordan Valley Hospital
PEHP Preferred Care
The PEHP Preferred Care network of contracted
providers consists of providers and facilities in both
the Advantage Care and Summit Care networks. It
includes 46 participating hospitals and more than 12,000
participating providers.
Agenda
Salt Lake County (cont.)
Lone Peak Hospital
Pioneer Valley Hospital
Primary Children’s Medical Center
Riverton Children’s Unit
St. Marks Hospital
Salt Lake Regional Medical Center
University of Utah Hospital
University Orthopaedic Center
San Juan County
Blue Mountain Hospital
San Juan Hospital
Sanpete County
Gunnison Valley Hospital
Sanpete Valley Hospital
Sevier County
Sevier Valley Medical Center
Summit County
Park City Medical Center
Tooele County
Mountain West Medical Center
Uintah County
Ashley Valley Medical Center
Utah County
Mountain View Hospital
Timpanogos Regional Hospital
Wasatch County
Heber Valley Medical Center
Washington County
Dixie Regional Medical Center
Weber County
Ogden Regional Medical Center
Find Participating Providers
Go to www.pehp.org to look up participating providers
for each plan.
Page 105 of 112
Moab City 2015 » Medical Benefits Grid » STAR
MEDICAL BENEFITS GRID: WHAT YOU PAY
STAR
Summit & Advantage
Refer to the Master Policy for specific criteria for the benefits listed below,
as well as information on limitations and exclusions.
YOU PAY
In-Network Provider
Out-of-Network Provider*
DEDUCTIBLES, PLAN MAXIMUMS, AND LIMITS
Plan year Deductible
$2,500 per single, $5,000 per family
Plan year Out-of-Pocket Maximum
$5,000 per single, $10,000 per family
INPATIENT FACILITY SERVICES
Medical and Surgical | Requires pre-notification
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Skilled Nursing Facility | Non-custodial
Up to 60 days per plan year. Requires pre-authorization
and Medical Case Management
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Hospice | Up to 6 months in a 3-year period.
Requires pre-authorization and Medical Case Management
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Rehabilitation | Requires pre-authorization and Medical
Case Management
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Mental Health and Substance Abuse
Requires pre-authorization
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Outpatient Facility and Ambulatory Surgery
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Ambulance (ground or air)
Medical emergencies only, as determined by PEHP
20% of In-Network Rate after deductible
20% of In-Network Rate after deductible
Emergency Room
Medical emergencies only, as determined by PEHP.
If admitted, inpatient facility benefit will apply
20% of In-Network Rate after deductible
20% of In-Network Rate after deductible
plus any balance billing above In-Network Rate
Urgent Care Facility
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Diagnostic Tests, X-rays, Minor
For each test allowing $350 or less, when the only services
performed are diagnostic testing
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Diagnostic Tests, X-rays, Major
For each test allowing more than $350, when the only services
performed are diagnostic testing
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Chemotherapy, Radiation, and Dialysis
Dialysis with Out-of-Network Providers requires pre-authorization
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Physical and Occupational Therapy
Requires pre-authorization after 12 combined visits per plan year
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
OUTPATIENT FACILITY SERVICES
*You pay 20% of In-Network Rate after Out-of-Pocket Maximum is met for Out-of-Network Providers. They may charge more than the In-Network
Rate unless they have an agreement with you not to. Any amount above the In-Network Rate will be billed to you and will not count toward your
deductible or out-of-pocket maximum.
Agenda
Page 106 of 112
WWW.PEHP.ORG
Moab City 2015 » Medical Benefits Grid » STAR
In-Network Provider
Out-of-Network Provider*
PROFESSIONAL SERVICES
Inpatient Physician Office Visits
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Surgery and Anesthesia
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Primary Care Office Visits and Office Surgeries 20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Specialist Office Visits and Office Surgeries
Emergency Room Specialist Visits
20% of In-Network Rate after deductible
20% of In-Network Rate after deductible
Diagnostic Tests, X-rays, Minor
For each test allowing $350 or less
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Diagnostic Tests, X-rays, Major
For each test allowing more than $350
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Mental Health and Substance Abuse
Includes psychiatric testing. No pre-authorization required for
outpatient service. Inpatient services require pre-authorization
50% of In-Network Rate after deductible
40% of In-Network Rate after deductible
PRESCRIPTION DRUGS | SEE PHARMACY OPTIONS FOR 2015
All pharmacy benefits for The STAR Plan are subject to the deductible
Specialty Medications, retail pharmacy
Up to 30-day supply
Tier A: 20%. No maximum co-pay
Tier B: 30%. No maximum co-pay
Plan pays up to the discounted cost,
minus the preferred co-pay.
Member pays any balance
Specialty Medications, office/outpatient
Up to 30-day supply
Tier A: 20% of In-Network Rate.
No maximum co-pay
Tier B: 30% of In-Network Rate.
No maximum co-pay
Tier A: 40% of In-Network Rate after
deductible. No maximum co-pay
Tier B: 50% of In-Network Rate after
deductible. No maximum co-pay
Specialty Medications,
through specialty vendor Accredo
Up to 30-day supply
Tier A: 20%. $150 maximum co-pay
Tier B: 30%. $225 maximum co-pay
Not covered
Adoption | See limitations
20% after deductible,
plan pays up to $4000 per adoption
20% after deductible,
plan pays up to $4000 per adoption
Affordable Care Act Preventive Services
See Summary for complete list
No charge
40% of In-Network Rate after deductible
Allergy Serum
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Chiropractic Care | Up to 20 visits per plan year
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Dental Accident
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Durable Medical Equipment, DME
Except for oxygen and Sleep Disorder Equipment, DME over $750,
rentals that exceed 60 days, or as indicated in Appendix A of the
Summary require pre-authorization. Maximum limits apply on
many items. See the Summary for benefit limits
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Medical Supplies
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Home Health/Skilled Nursing
Up to 60 visits per plan year. Requires pre-authorization
and Medical Case Management
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Infertility Services
Select services only. See Summary for details
50% of In-Network Rate after deductible
50% of In-Network Rate after deductible
Injections
Requires pre-authorization if over $750
20% of In-Network Rate after deductible
40% of In-Network Rate after deductible
Temporomandibular Joint Dysfunction
Up to $1,000 Lifetime Maximum
50% of In-Network Rate after deductible
50% of In-Network Rate after deductible
MISCELLANEOUS SERVICES
Agenda
Page 107 of 112
WWW.PEHP.ORG
LGRP 2011-2012
LGRP
LGRP
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Pharmacy
Benefits
Benefits
Benefits
» 2012
» Pharmacy
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LGRP 2011-2012
LGRP
LGRP
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Benefits
Benefits
» 2012
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2015LGRP
LGRP
Pharmacy
Options
011-2012
2011-2012
LGRP
Pharmacy
Pharmacy
Options
Options
011-2012
2011-2012
LGRPLGRP
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CONSULT YOUR
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CONSULT YOUR
CONSULT
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supply
only)
(90-day
supply
only)
Retail
Pharmacy
supply)
Mail
order
Pharmacy
(90-day
supply)
BENEFIT E BENEFIT
BENEFIT EEE
Retail PharmacyRetail
(up toPharmacy
30-day supply)
(up to 30-dayMail-order
supply) Pharmacy
Mail-order
(90-day
Pharmacy
supply only)
(90-day supply only)
BENEFIT E BENEFIT
Preferred GenericGeneric
Preferred
$10Drugs
copayment
Generic
$10
copayment
$20 copayment $20
copayment
$10
Copayment
$20
Copayment
Preferred GenericPreferred
$10 copayment
Generic
$10 copayment
$20 copayment $20 copayment
Preferred
Preferred
Plan
pays 65% ofPlan
discounted
pays
65%
cost.
of discounted
cost.
Plan pays 65% ofPlan
discounted
pays
cost.
of discounted
Brand
Formularies
35%
of
discounted
cost,
35%
of65%
discounted
cost, cost.
Preferred
Preferred
pays 65% of
Plan
discounted
pays 65%
cost.
of
discounted
Plan
pays 65% of
Plan
discounted
pays
65%
cost.
of
discounted
cost.
Brand Name
BrandPlan
$25
Name
minimum,
$75
$25
maximum
minimum,
copayment
$75
maximumcost.
copayment
$50 minimum,
$150
$50
maximum
minimum,
copayment
$150
maximum
copayment
$25
minimum
$75 mamimum
$50
minimum
/ $150
maximum
Brand Name
Brand$25
Name
minimum, $75
$25
maximum
minimum,
copayment
$75/ maximum
copayment
$50 minimum, $150
$50
maximum
minimum,
copayment
$150
maximum
copayment
Non-Preferred Non-Preferred
Plan pays 50% ofPlan
discounted
pays 50%
cost.
of discounted cost.
Plan pays 50% ofPlan
discounted
pays 50%
cost.
of discounted cost.
50%
of 50%
discounted
cost, cost.
50%
of50%
discounted
cost, cost.copayment
Non-Preferred Non-Formulary
Non-Preferred
Planminimum,
pays 50% of
Plan
discounted
pays
cost.
of
discounted
Plan
pays
50% of$200
Plan
discounted
pays
cost.
ofcopayment
discounted
$50
$100
$50
maximum
minimum,
copayment
$100
maximum
$100
copayment
minimum,
$100
maximum
minimum,
$200
maximum
Brands
$50
minimum
/ $100
maximum
$100
minimum
/ $200
maximum
$50 minimum, $100
$50
maximum
minimum,
copayment
$100
maximum
$100
copayment
minimum, $200
$100
maximum
minimum,
copayment
$200
maximum
copayment
Retail PharmacyRetail
(up
toPharmacy
30-day
supply)
(up (30-day
to 30-dayMail-order
supply) Pharmacy
Mail-order
(90-day
Pharmacy
supply
only)
(90-day
supply
only)
BENEFIT F BENEFIT
FF
Retail
Pharmacy
supply)
Mail
order
Pharmacy
(90-day
supply)
BENEFIT
Retail PharmacyRetail
(up
toPharmacy
30-day
supply)
(up to 30-dayMail-order
supply) Pharmacy
Mail-order
(90-day
Pharmacy
supply
only)
(90-day
supply
only)
BENEFIT F BENEFIT
F
Preferred GenericPreferred
$10 copayment
Generic
$10 copayment
$20 copayment $20 copayment
$10
Copayment
$20
Copayment
Preferred GenericGeneric
Preferred
$10Drugs
copayment
Generic
$10
copayment
$20 copayment $20
copayment
Preferred
Preferred
Plan pays 65% ofPlan
discounted
pays 65%
cost.
of discounted cost.
Plan pays 65% ofPlan
discounted
pays 65%
cost.
of discounted cost.
Brand
Formularies
35%
of 65%
discounted
cost, copayment
35%
of65%
discounted
cost, copayment
Preferred
Preferred
pays 65% of
discounted
pays
cost.
of
cost.
Plan
pays 65% of
discounted
pays
cost.
of
cost.
Brand Name
BrandPlan
$25
Name
minimum,
noPlan
$25
maximum
minimum,
copayment
nodiscounted
maximum
$50 minimum,
noPlan
$50
maximum
minimum,
copayment
nodiscounted
maximum
$25
minimum
NO maximum
$50
minimum
/ NO maximum
Brand Name
Brand$25
Name
minimum, no$25
maximum
minimum,
copayment
no /maximum
copayment
$50 minimum, no$50
maximum
minimum,
copayment
no maximum
copayment
Non-Preferred Non-Preferred
Plan pays 50% ofPlan
discounted
pays 50%
cost.
of discounted cost.
Plan pays 50% ofPlan
discounted
pays 50%
cost.
of discounted cost.
Non-Preferred Non-Formulary
Non-Preferred
Planminimum,
pays 50% of
Plan
discounted
pays
cost.
of
cost.
Plan
50% ofno
Plan
discounted
pays
cost.
ofno
discounted
50%
of 50%
discounted
cost, copayment
50%
of50%
discounted
cost, cost.
$50
no$50
maximum
minimum,
copayment
nodiscounted
maximum
$100pays
minimum,
$100
maximum
minimum,
copayment
maximum
copayment
$50 minimum, no$50
maximum
minimum,
copayment
no /maximum
copayment
$100 minimum, no
$100
maximum
minimum,
copayment
no maximum
copayment
Brands
$50
minimum
NO maximum
$100
minimum
/ NO maximum
Pharmacy charges
Pharmacy
will applycharges
to the deductible
will apply toand
theout-of-pocket
deductible and
maximum
out-of-pocket
for members
maximum
enrolled
for members
in The STAR
enrolled
Plan.in The STAR Plan.
Pharmacy charges
Pharmacy
will applycharges
to the deductible
will apply toand
theout-of-pocket
deductible and
maximum
out-of-pocket
for members
maximum
enrolled
for members
in The STAR
enrolled
Plan.in The STAR Plan.
W.PEHP.ORG
WWW.PEHP.ORG
W.PEHP.ORG
WWW.PEHP.ORG
Agenda
PAGE
PAGE
7
7
PAGE
7
7
Page
108 of 112
PAGE
LGRP Renewal Packet » July 2013
LGRP Selection & Participation Guidelines
Please review carefully
Click here to see
additional information
Medical
» If an agency offers both the Advantage Care and Summit Care networks, it must select the same plan option
for each network. Only one Preferred Care plan can be offered alongside Advantage and Summit Care plans.
Example: If you offer Advantage Care Traditional Option 1, you must offer Summit Care Traditional Option 1.
» An agency can offer no more than five total plan and network combinations.
» The employer is required to contribute either 100% of the single premium or a minimum of 50% of the single,
two-party and family premiums. Medical plans require 80% participation of eligible employees.
Traditional Only or STAR Only
STAR and Traditional as Dual Option
Agencies with 9 subscribers or less
Agencies with 9 subscribers or less
Agencies with 10-50 subscribers
Agencies with 10-50 subscribers
» May offer only one medical plan and one network.
» May offer two medical plans and two networks.
Agencies with 51-99 subscribers
» Dual option is not available.
» May offer one Traditional and one STAR and two
networks in the following combinations:
› Traditional Option 1 with STAR Option 1.
» May offer up to three medical plans and two
networks.
Agencies with more than 99 subscribers
» May offer up to three medical plans and two
networks.
› Traditional Option 2, 3 or 4 with any STAR Option.
Agencies with 51-99 subscribers
» May offer two Traditional and one STAR and three
networks.
› Traditional Option 1 with STAR Option 1.
› Traditional Option 2, 3 or 4 with any STAR Option.
Agencies with more than 99 subscribers
» May offer two Traditional and one STAR and three
networks.
› Traditional Option 1 with STAR Option 1.
› Traditional Option 2, 3 or 4 with any STAR Option.
Dental
» An agency may choose 2 of the 3 available dental plan designs.
» The Preferred Choice plan includes a 5-year waiting period on missing tooth and a 6-month waiting period for new
enrollees in need of major dental work. An agency may choose to eliminate both waiting periods at an additional cost to
the plan. The two new dental plans, Traditional Choice and Premium Choice, are offered without both waiting periods.
» Dental plans require 75% participation of eligible employees.
Vision
» An agency may choose to offer one or both of the vision plans.
» The vision plans are completely voluntary.
Agenda
Page 109 of 112
WWW.PEHP.ORG
Public Employees Health Program i 560 East 200 South i Salt Lake City, UT 84102-2004 i Customer Service 801-366-7555 i Toll Free 800-765-7347
Eligibility Requirements
In order for coverage to be provided by PEHP, the following eligibility requirements must be
met:
x
x
x
x
Groups of 4 employees or less must have at least 100%* of the eligible employees
enrolled.
Groups with 5 employees or more must have at least 80%* of the eligible employees
enrolled.
1. If the number of eligible employees is less than required the group may be
considered ineligible.
2. If a group is deemed eligible and enrolls on a plan and enrollment drops
below the required level, the group is considered ineligible.
Employees must work an average of 20 hours or more per week to qualify for
medical and/or dental benefits. This follows Utah Retirement Systems (URS)
participation guidelines.
Elected and appointed officials, including board members, must meet one of the
following criteria to be eligible for medical and/or dental benefits:
1. Elected and appointed officials, including board members, elected after July
1, 2006 must meet URS participation guidelines. They earn the minimum
salary during the first full month of the term of the office. ($825.00 effective
February 1, 2006). The employer would report earnings for subsequent
months; or
2. In accordance with LGRP employer contribution guidelines, the agency must
meet the minimum employer contribution guidelines.
* Percentages are based on the number of benefit eligible employees who are not waiving
benefits due to other coverage. Compliance with the LGRP guidelines will be subject to
audit and review
Employer Contribution Guidelines
Agencies will be required to meet one of the following criteria in regards to employer
minimum contribution guidelines:
1. Employer contributes a minimum of 100% of the single premium.
2. Employer contributes a minimum of 50% of the single, double and family
premiums.
Early Retiree Benefits
x Early retiree benefits are offered to employees under the age of 65 years. At age 65 the
former employee is no longer eligible for the early retiree benefits. The former employee
is eligible for PEHP’s Medicare Supplement Plan. Former employee’s eligible
dependents under the age 65 may remain on the plan(s) for the remainder of the time
period as stated by the agency’s early retiree policy.
x Retiree rates are based on the active employee rates. Retirees are billed 102% of the
active employee rate for the first 18 months of retirement. After 18 months, retirees are
billed 120% of the active employee rate for dental coverage and 130% of the active
employee rate for medical coverage.
x Retirees are eligible to remain on the group medical and dental plan until age 65 or until
notified by group.
Agenda
Page 110 of 112
LGRP Vesting
Frequently Asked Questions
New LGRP groups may
be subject to a vesting
period. Here’s why.
What is the LGRP?
The Local Government Risk Pool (LGRP) consists of the majority of municipalities, counties,
and special service districts throughout Utah. These groups have their money held in trust
by PEHP to share risk and offset cost.
Does my group have to sign a three-year
contract to join the LGRP?
No. Any group that joins the LGRP is only required to sign
a year-to-year contract. To receive full membership in the
LGRP, there is a three-year vesting period. This vesting
period requires a group to pay back any deficit it incurs
if the group leaves before the vesting period ends.
Why must groups wait to become vested?
Since 2001, only two
groups have left the
LGRP during their
vesting period. In both
cases, neither group
had a deficit, so there
was nothing to repay.
PEHP is a fiduciary for the funds we hold in trust on behalf
of LGRP groups. In order to protect the reserves the LGRP
has built, PEHP requires new groups to vest for three years.
This protects the participating groups in the LGRP, preventing any one group from depleting
the reserves and then leaving the other groups responsible for the deficit.
Is there a way to be vested immediately upon joining the LGRP?
Yes. If a new group provides a minimum of two years of credible claims experience,
PEHP may waive the vesting period and the deficit repayment requirement. Typically,
this only applies to groups with more than 100 employees. It is rare for a carrier to release
claims experience to groups with fewer than 100.
See other side for more FAQs
07/17/12
Agenda
Page 111 of 112
How do I know that PEHP will not give
me an unfairly high renewal rate during
the three-year vesting period?
As a nonprofit, government trust, PEHP does not offer
artificially low rates to get business and then make up the
difference through artificially high renewals. Instead, rates
and subsequent renewals are based entirely on trends,
expected claims costs, and the lowest administrative costs
in the market. Indeed, as the accompanying graph shows,
since 2008, nearly 90% of groups who renewed during their
vesting period received a renewal at or below the average
renewal of groups already vested in the LGRP.
How often has a group had to repay a deficit
when they left the LGRP?
Groups Joining
the LGRP
Since January
Costl
2008
ier
Than
A
» 13% verage
Bette
Avera r Than
ge » 6
6%
Averag
e»
Total Renewals . . . . . . . . . . . . . 53
On average, groups in their vesting
period received a renewal of 0.5%
lower than the pool average.
Never. Only two groups have ever left the pool during their
vesting period. In both cases, neither group had a deficit, so
there was nothing to repay. Once vested, a group can leave
the pool with no requirement to repay a deficit. Finally, a
group is never restricted from leaving the LGRP.
It just has to pay back any deficit it created in the pool during the vesting period.
What advantage is there to joining the LGRP?
Choosing to self-fund through the LGRP and PEHP has one distinct advantage, it’s always
your money. The money we hold belongs to our clients because we operate as a trust. We set
pricing based on trends and expected costs. If actual costs are lower, the entire pool benefits.
In 2012, PEHP refunded more than $10 million to participating employers in the way of a
“premium holiday.”
learn more about pehp » visit www.pehp.org
Agenda
Page 112 of 112
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