Agenda - Thursday, December 17, 2015

Transcription

City Council
400 Main Street
Regular Meeting
Knoxville, TN 37902
http://knoxvilletn.gov
~ Agenda ~
Thursday, December 17, 2015
7:00 PM
City County Building
ORDER OF BUSINESS
1.
CALL TO ORDER
2.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
3.
ROLL CALL
4.
APPROVAL OF MINUTES
5.
ANNOUNCEMENTS AND EXTRAORDINARY MATTERS, ADOPTION OF
AGENDA
a.
ITEMS WITHDRAWN (Indicated with "W")
b.
ITEMS FOR POSTPONEMENT (Indicated with "P")
c.
ITEMS REQUESTED TO BE ADDED BY MOTION (Indicated with "M")
d.
CONSENT ITEMS (Indicated with "*")
11e (Certificate of Compliance), 12b (202)
6.
MAYOR'S REPORT
7.
REPORTS OF COUNCIL MEMBERS OR COMMITTEES
8.
ELECTIONS AND CONFIRMATIONS
9.
ORDINANCES ON SECOND READING
10.
HEARINGS ON ZONING MATTERS, APPEALS FROM ACTION OF
MPC/BOARD OF ZONING APPEALS OR PLANS REVIEW
Generated 12/11/2015 2:07 PM
Regular Meeting
a.
11.
Thursday, December 17, 2015
7:00 PM
A Resolution approving an appeal by Bearden Council of the Metropolitan Planning
Commission's decision to approve George Ewart's request for a Use on Review for up to
2,590 square feet of restaurant space in a C-1 (Neighborhood Commercial) District,
subject to eight conditions, property located on the south side of Sutherland Avenue,
west of Lebanon Street. (MPC approved 8-4) (File No. 11-E-15-UR) (Second District)
(Requested by Metropolitan Planning Commission)
RESOLUTIONS
a.
A Resolution authorizing the Mayor to execute an agreement with Fred D. (Tony)
Thompson, Jr. in the amount of $55,000.00 to provide governmental relations services for
the City of Knoxville. (Requested by Law Department)
b.
A Resolution authorizing the Mayor to enter into an agreement with Knox County and the
Knoxville Utilities Board amending the 1985 original tri-party agreement which
established the Knoxville Geographic Information System (KGIS). (Requested by Mayor)
c.
A Resolution authorizing the Mayor to execute an agreement with WageWorks, Inc. to
provide administration services for the City-sponsored Flexible Spending Account (FSA)
and Health Reimbursement Account (HRA) for City employees, at a projected annual
cost of $105,000.00. (Requested by Employee Benefits)
d.
A Resolution authorizing the Mayor to accept the proposal from BlueRe for Stop Loss
insurance for the City of Knoxville’s Self-Insured Medical Plan and Prescription Drug
Plan. (Requested by Employee Benefits)
*
e.
A Resolution approving the issuance of a Certificate of Compliance to Vic's Package
Store relative to its application to the Tennessee Alcoholic Beverage Commission to
renew its license to operate a liquor store in the City. (Requested by Finance
Department)
12.
ORDINANCES ON FIRST READING
a.
An Ordinance to amend the Knoxville City Code, Chapter 17, Article VII, Division 1,
Section 17-392 to increase the penalty for failure to wear a safety belt in a motor vehicle.
(Requested by Knoxville Police Department)
*
b.
An Emergency Ordinance of the Council of the City of Knoxville appropriating the sum of
$500.00 from the Community Improvement (202) Fund and donating same to KnoxvilleKnox County Community Action Committee, serving as fiscal agent for Inskip Community
Association ACI, toward the Thanksgiving Basket Project at Inskip Elementary School.
(Requested by Council Member Campen)
13.
PUBLIC FORUM
14.
ADJOURNMENT
2|Page
10.a
CITY OF KNOXVILLE, TENNESSEE
City Council
AGENDA INFORMATION SHEET
AGENDA DATE:
December 17, 2015
DEPARTMENT:
M.P.C.
DIRECTOR:
Gerald Green
AGENDA SUMMARY A Resolution approving an appeal by Bearden Council of the
Metropolitan Planning Commission's decision to approve George Ewart's request for a Use
on Review for up to 2,590 square feet of restaurant space in a C-1 (Neighborhood
Commercial) District, subject to eight conditions, property located on the south side of
Sutherland Avenue, west of Lebanon Street. (MPC approved 8-4) (File No. 11-E-15-UR)
(Second District)
COUNCIL DISTRICT(S) AFFECTED: Council District 2
BACKGROUND: The appellant states their reason for appeal as “Building design for
setbacks and curb cuts and parking do not confirm to the Bearden Village Plan which was
adopted by both City Council and MPC.”
OPTIONS
1. Approve
2. Deny
3. Postpone for future consideration
RECOMMENDATION: The Planning Commission approved the use on review for up to
2,590 square feet of restaurant space, subject to 8 conditions, by a vote of 8-4.
ESTIMATED PROJECT SCHEDULE: N/A
PRIOR ACTION/REVIEW:
Meeting DatesAds Published
MPC Meeting
City Council
11/12/2015
12/17/2015
10/9/2015
12/1/2015
FISCAL INFORMATION: Not applicable.
ATTACHMENTS:

RESOLUTION Bearden Council 11-E-15-UR

Bearden Council MOU

11-E-15-UR_appeal applicaton

11-E-15-UR_pkg
(DOCX)
(PDF)
(PDF)
(PDF)
Updated: 12/11/2015 11:22 AM
Page 1
Packet Pg. 3
10.a.a
A RESOLUTION APPROVING AN
APPEAL BY BEARDEN COUNCIL
OF
THE
METROPOLITAN
PLANNING
COMMISSION'S
DECISION TO APPROVE GEORGE
EWART'S REQUEST FOR A USE ON
REVIEW FOR UP TO 2,590 SQUARE
FEET OF RESTAURANT SPACE IN
C-1
(NEIGHBORHOOD
COMMERCIAL)
DISTRICT,
SUBJECT TO EIGHT CONDITIONS,
PROPERTY LOCATED ON THE
SOUTH SIDE OF SUTHERLAND
AVENUE, WEST OF LEBANON
STREET (FILE NO. 11-E-15-UR).
RESOLUTION NO: _________________
REQUESTED BY: MPC______________
PREPARED BY: Law_________________
APPROVED: ________________________
APPROVED AS AN EMERGENCY
MEASURE: _________________________
MINUTE BOOK: ________ PAGE ______
WHEREAS, on September 25, 2015, George Ewart filed Application No. 11-E-15UR with the Metropolitan Planning Commission (“MPC”) for a Use on Review for a
restaurant in a C-1 (Neighborhood Commercial) District, property located on the south side
of Sutherland Avenue, west of Lebanon Street; and
WHEREAS, the MPC Staff recommended approval of the request for up to 2,590
square feet of restaurant space, subject to nine conditions as stated in the Knoxville-Knox
County MPC Use on Review Report; and
WHEREAS, at its meeting on November 12, 2015, MPC approved the application
filed by George Ewart for up to 2,590 square feet of restaurant space, subject to eight of the
1
Packet Pg. 4
Attachment: RESOLUTION Bearden Council 11-E-15-UR (4025 : Appeal by Bearden Council, 3816 Sutherland Ave. 11-E-15-UR)
RESOLUTION NO. ___________
RESOLUTION
10.a.a
stated in the MPC Minutes; and
WHEREAS, on November 24, 2015 Bearden Council appealed this decision to the
Knoxville City Council; and
WHEREAS, public notice of the hearing before City Council on December 17, 2015
was published in the Knoxville News Sentinel on December 1, 2015.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF KNOXVILLE:
SECTION 1: The Appeal filed by Bearden Council of MPC’s decision to approve a
Use on Review to allow 2,590 square feet of restaurant space in a C-1 (Neighborhood
Commercial) District, subject to eight conditions as stated on the Knoxville-Knox County
MPC Use on Review Report and Minutes of the November 12, 2015 MPC meeting, for
property located on the south side of Sutherland Avenue, west of Lebanon Street, known as
3816 Sutherland Avenue with Parcel ID No. 107 KF 008, is hereby approved, thereby
reversing the decision of MPC and denying the requested Use on Review.
SECTION 2: This Resolution shall take effect from and after its passage, the public
welfare requiring it.
________________________________
Presiding Officer of the Council
________________________
Recorder
K:\COUNCIL\RESOLUTIONS\MPC\APPEALS\2015 - UR\Bearden Council 11-E-15-UR.docx
2
Packet Pg. 5
Attachment: RESOLUTION Bearden Council 11-E-15-UR (4025 : Appeal by Bearden Council, 3816 Sutherland Ave. 11-E-15-UR)
nine conditions recommended by MPC Staff (with the exception of condition number 4) as
Attachment: Bearden Council MOU (4025 : Appeal by Bearden Council, 3816 Sutherland Ave. 11-E-15-UR)
10.a.b
Packet Pg. 6
10.a.b
Packet Pg. 7
10.a.b
Packet Pg. 8
Attachment: 11-E-15-UR_appeal applicaton (4025 : Appeal by Bearden Council, 3816 Sutherland Ave. 11-E-15-UR)
10.a.c
Packet Pg. 9
10.a.d
KNOXVILLE/KNOX COUNTY METROPOLITAN PLANNING COMMISSION
USE ON REVIEW REPORT
AGENDA ITEM #:
11-E-15-UR
AGENDA DATE:
44
11/12/2015
APPLICANT:
GEORGE EWART
OWNER(S):
Juan & Norma Aranda
TAX ID NUMBER:
107 K F 008
JURISDICTION:
City Council District 2
STREET ADDRESS:
3816 Sutherland Ave
LOCATION:
South side of Sutherland Ave., west of Lebanon St.
APPX. SIZE OF TRACT:
0.6 acres
SECTOR PLAN:
West City
GROWTH POLICY PLAN:
Urban Growth Area (Inside City Limits)
ACCESSIBILITY:
Access is via Sutherland Ave., a minor arterial street with a three lane street
section and 38' of pavement width within a 56' right-of-way. The Bearden
Greenway is located in front of this property along Sutherland Ave.
UTILITIES:
Water Source:
Knoxville Utilities Board
Sewer Source:
Knoxville Utilities Board
View map on KGIS
WATERSHED:
Third Creek
ZONING:
C-1 (Neighborhood Commercial)
EXISTING LAND USE:
Vacant land
PROPOSED USE:
Restaurant
HISTORY OF ZONING:
SURROUNDING LAND
USE AND ZONING:
NEIGHBORHOOD CONTEXT:
North:
Apartments / R-2 (General Residential) and R-3 (High Density
Residential)
South:
Residences and Offices / R-2 (General Residential) and O-1
(Office, Medical, and Related Services)
East:
Dog daycare / C-1 (Neighborhood Commercial)
West:
Convenience store with fuel / C-1 (Neighborhood Commercial)
This property is located in an area with a mix of office, multi-family, and
commercial uses. This block of Sutherland Ave. is a transitional area with
commercial establishments and large institutional uses to the east, and
single family residential and office uses to the west.
STAFF RECOMMENDATION:
APPROVE the request for up to 2,590 square feet of restaurant space, subject to 9 conditions:
1.
2.
3.
4.
Meeting all applicable requirements of the Knoxville Zoning Ordinance.
Meeting all applicable requirements of the Knoxville Engineering Department.
Connection to sanitary sewer and meeting all other requirements of the Knox County Health Department.
Locate the building at the front of the property, with parking located to the side and rear. No parking or drive
AGENDA ITEM #: 44
FILE #: 11-E-15-UR
11/5/2015 01:52 PM
GERALD GREEN
PAGE #:
44-1
Packet Pg. 10
Attachment: 11-E-15-UR_pkg (4025 : Appeal by Bearden Council, 3816 Sutherland Ave. 11-E-15-UR)
FILE #:
10.a.d
aisles are to be located between the building and the public right-of-way.
5. An entrance to the new structure shall face the public street.
6. A hard-surface sidewalk connection shall be provided from the public sidewalk to the main entry.
7. Installation of proposed landscaping within six month of the issuance of occupancy permits for this project.
8. Remove the old driveway curb cut and replace will full height curb and sidewalk/greenway to match the
existing.
9. The new driveway cuts/aprons must meet ADA standards.
The use on review process provides an opportunity, and a responsibility, for additional review to assure that
the use and its design are compatible with the community in which it is proposed, with standards set forth in
the Zoning Ordinance, and with community goals and objectives as stated in adopted plans and policies. The
proposed development for Sutherland Avenue is within the boundary of The Bearden Village Opportunities
Plan which includes the following community goals:
1. Enhance pedestrian activity and access, while minimizing the negative effects of vehicular traffic on
neighborhoods and pedestrians.
2. Enhance the sense of place and community.
3.Build upon Bearden’s urban character and unique atmosphere by promoting appropriate development.
Recommendations in the Plan that are relevant to the proposed development include:
1. Pedestrian Plan (page 8) a) Encourage the private sector to construct or improve sidewalks with all redevelopment or new
development.
2. Sutherland Avenue Commercial Corridor (page 23) - "Creating a safer, pedestrian-friendly environment,
improving the visual appearance and controlling vehicle access would enhance pedestrian activity and
increase the sense of place within the corridor."
a) Parking to back of buildings with buildings fronting on sidewalks.
b) Mixed use with commercial/retail on first floors of buildings and office/residential uses on subsequent
floors.
c) Consistent signage, landscaping and façade requirements.
d) Vehicular access control in to developments.
3. Forest Park Boulevard/Chambliss Avenue (page 24) a) Require parking to the side or back of buildings with green space and sidewalk connections in front of
businesses.
b) Business conversions should not greatly disrupt the facades or overall structure of buildings.
c) Establish sign requirements that maintain the small-scale character.
Community representatives and MPC staff met with the applicant to discuss the recommendations of the
Bearden Village Opportunities Plan and to suggest plan revisions that would aid in implementing the
recommendations of the Plan. Reducing the number of curb cuts from the proposed two curb cuts to one was
discussed but it appears this would make traffic flow, particularly for delivery vehicles, extremely difficult.
Placing the proposed building at the front of the parcel to create a more pedestrian friendly environment was
identified by MPC staff as a way to comply with the recommendations of the Bearden Village Plan.
In an effort to assure compliance with the Bearden Village Opportunities Plan while acknowledging the need to
provide for efficient traffic flow, staff recommends that the building be placed at the front of the property, with
parking located to the side and rear. This would permit two curb cuts and allow for traffic to flow behind the
building while creating a pedestrian friendly environment along Sutherland Avenue as envisioned in the
Bearden Village Opportunities Plan.
Excerpts from the Bearden Village Opportunities Plan are attached to the agenda. The full document is
available on the MPC website at the following link:
http://archive.knoxmpc.org/plans/smallarea/bearden_village_2001.pdf
EFFECT OF THE PROPOSAL ON THE SUBJECT PROPERTY, SURROUNDING PROPERTY AND THE
COMMUNITY AS A WHOLE
1. Public utilities are available to service the site.
2. Sutherland Ave. is a minor arterial and has sufficient capacity to handle the additional traffic which will be
generated by this development.
3. With the recommended conditions, the proposed restaurant is compatible with the scale and intensity of
development in the area.
AGENDA ITEM #: 44
FILE #: 11-E-15-UR
11/5/2015 01:52 PM
GERALD GREEN
PAGE #:
44-2
Packet Pg. 11
COMMENTS:
10.a.d
CONFORMITY OF THE PROPOSAL TO ADOPTED PLANS
1. The One Year Plan and West City Sector Plan identify this site as part of a mixed use special district (MUSD WC-1), which recommends a mix of commerical, office and residential uses and recommends
implementing implementing the Bearden Village Opportunities Plan.
2. The Bearden Village Opportunities Plan identifies this site as part of the "Forest Park Boulevard / Chambliss
Avenue" opportunity district. This district is intended to be a buffer between the more intense commercial
areas the single family residential section north of Sutherland Avenue and recommends maintaining the smallscale character of the area, parking to side and rear of building, and green space and sidewalk connections to
front of businesses. With the recommended conditions, the proposal is consistent with the intent of the
Bearden Village Opportunities Plan.
3. The block of Sutherland Ave. where the subject property is located also has similar characteristics as the
"Sutherland Avenue Commercial Corridor" opportunity district to the east. This district recommends creating a
safe, pedestrian-friendly environment by controlling vehicular access into developments, locating parking to the
rear of buildings, and fronting buildings on sidewalks. With the recommended conditions, the proposal is
consistent with the intent of the Bearden Village Opportunities Plan.
ESTIMATED TRAFFIC IMPACT: 338
(average daily vehicle trips)
Average Daily Vehicle Trips are computed using national average trip rates reported in the latest edition of
"Trip Generation," published by the Institute of Transportation Engineers. Average Daily Vehicle Trips
represent the total number of trips that a particular land use can be expected to generate during a 24-hour day
(Monday through Friday), with a "trip" counted each time a vehicle enters or exits a proposed development.
ESTIMATED STUDENT YIELD: Not applicable.
MPC's approval or denial of this request is final, unless the action is appealed to the Knoxville City Council.
The date of the Knoxville City Council hearing will depend on when the appeal application is filed. Appellants
have 15 days to appeal an MPC decision in the City.
AGENDA ITEM #: 44
FILE #: 11-E-15-UR
11/5/2015 01:52 PM
GERALD GREEN
PAGE #:
44-3
Packet Pg. 12
CONFORMITY OF THE PROPOSAL TO CRITERIA ESTABLISHED BY THE CITY OF KNOXVILLE ZONING
ORDINANCE
1. With the recommended conditions, the proposal is consistent with all requirements of the C-1 zoning
district, as well as other criteria for approval of a use on review.
2. The proposed use is consistent with the general standards for uses permitted on review: The proposed use
is consistent with the adopted plans and policies of the General Plan and Sector Plan. The use is in harmony
with the general purpose of the Zoning Ordinance. The use should not significantly injure the value of adjacent
property. The use will not draw substantial additional traffic through residential areas. No surrounding land
uses will pose a hazard or create an unsuitable environment for the proposed use.
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USE ON REVIEW
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Restaurant in C-1 (Neighborhood Commercial)
Original Print Date: 10/27/2015
Revised:
Metropolitan Planning Commission * City / County Building * Knoxville, TN 37902
Petitioner:
Map No:
Jurisdiction:
0
Ewart, George
107
City
Feet
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KnoxMPC Mail FW: 3816 Sutherland Avenue
10.a.d
Mike Reynolds <[email protected]>
FW: 3816 Sutherland Avenue
1 message
Sun, Oct 25, 2015 at 1:40 PM
Mike
Sorry I forgot to forward this to you.
George A. Ewart, AIA
GEORGE ARMOUR EWART ARCHITECT
404 Bearden Park Circle | Knoxville Tn. 37919
p:865.602.7771 c:865.805.9599 f:865.602.7742
George Armour Ewart Architect | Facebook | Twitter
 Please consider the environment before printing this email
This Email contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the Individual(s) named above. If
you are not the intended recipient of this Email, or the employee or agent responsible for delivering it to the intended recipient, you are
hereby notified that any dissemination or copying of this Email is strictly prohibited. If you have received this Email in error, please
immediately notify us at (865)6027771 or notify us by Email.
From: George Ewart Sent: Sunday, October 25, 2015 1:18 PM
To: 'Gerald Green' <[email protected]>; Duane Grieve <[email protected]>; 'TERESA
FAULKNER' <[email protected]>
Cc: Aranda, Juan J. <[email protected]>
Subject: 3816 Sutherland Avenue
George Ewart <[email protected]>
To: Mike Reynolds <[email protected]>
Gerald
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https://mail.google.com/mail/u/0/?ui=2&ik=a12b95017f&view=pt&q=gewart%40georgeewart.com&qs=true&search=query&th=150a016a506444df&siml=150a0…
1/4
11/3/2015
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We wanted to thank you, Duane and Terry for taking time out of your schedules to meet with us
regarding El Charro’s potential new location at 3816 Sutherland Avenue.
I have had several conversations with the Aranda’s since our meeting and they have decided to
leave the property as designed with two curb cuts and the building in the location shown. On
Monday we will be submitting the revised plans we shared with you, a copy of the access and
driveway requirements from the zoning ordinance, a letter of support from the Pond Gap
Neighborhood Community where the this parcel resides and maps showing 5 restaurant locations
within one mile of this parcel having extremely large curb cuts or two, showing a precedent on
Sutherland.
After exploring the Bearden plan that was presented to us, I offer the following to why the plan does
not apply:
1. I did not see the boundary of the plan area, does it include the entire length of
Sutherland? My thoughts of the Bearden Village area was from Forrest Park Blvd to
Westover Rd.
2. The sketch shown to us in the meeting had two access points for each parcel. One being
off of the main road and the other off a of an alley. Approximately less than 10% of all lots on
Sutherland Avenue have an alley behind them. So was sketch only applicable to those lots
or is the City going to purchase rightofway for alleys?
3. Below is a list of uses that are taken out of the zoning ordinance that do not require a use
on review in C1. Each use would not go before MPC and each use since the lot size allows 2
curb cuts would have 2 curb cuts along Sutherland.
B. Uses permitted. Property and buildings in a C1 neighborhood commercial district shall be
used only for the following purposes:
1. Reserved.
2. Food market including specialty foods such as:
a. Bakery goods.
b. Delicatessen goods.
c. Meats.
3. Drugstore or fountain including:
a. Book and reading matter.
b. Stationery.
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c. Tobacco.
d. Vanity goods.
e. Pharmacy.
4. Barbershop and beauty shop.
6. Gift shop.
7. Selfservice laundry and/or dry cleaning establishment, either coin or attendantoperated;
provided, however, that notwithstanding other requirements of this section, no such
establishment shall exceed four thousand (4,000) square feet of gross floor area and no
variance to such maximum floor area shall be granted.
8. Gasoline service station. (See article V, section 11, for additional requirements.)
9. Shoe repair and shoeshine service.
10.Professional and business offices.
11.Nameplate and sign, as regulated in article V, section 10.
12.Accessory buildings and uses customarily incidental to the above uses.
13.Utility substations, easements, alleys and rightsofway, and transportation easements,
alleys and rightsofway.
14.Recycling collection facility as an accessory use only as regulated by article V, section 18.B.
15.Personal gardens.
16.Community gardens.
17.Market gardens.
We feel that all of the requirements from the zoning ordinance have been met in our submission. It is our hope
that with our meeting and the above referenced information you will agree that this USE is proper for this site and
two curb cuts are needed. Attachment: 11-E-15-UR_pkg (4025 : Appeal by Bearden Council, 3816 Sutherland Ave. 11-E-15-UR)
5. Cleaning and pressing collection stations.
El Charro is hoping to be a part of this community for a long time and would appreciate your support in making
this project work. Please contact me with any questions or comments.
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Respectfully
George A. Ewart, AIA
GEORGE ARMOUR EWART ARCHITECT
p:865.602.7771 c:865.805.9599 f:865.602.7742
George Armour Ewart Architect | Facebook | Twitter
 Please consider the environment before printing this email
This Email contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the Individual(s) named above. If
you are not the intended recipient of this Email, or the employee or agent responsible for delivering it to the intended recipient, you are
hereby notified that any dissemination or copying of this Email is strictly prohibited. If you have received this Email in error, please
immediately notify us at (865)6027771 or notify us by Email.
404 Bearden Park Circle | Knoxville Tn. 37919
Packet Pg. 23
4/4
11/4/2015
KnoxMPC Mail Fwd: Ewart/ use on review,3816 Sutherland Avenue
10.a.d
Mike Reynolds <[email protected]>
Fwd: Ewart/ use on review,3816 Sutherland Avenue
1 message
Wed, Nov 4, 2015 at 8:35 AM
Good Morning Mike,
Could you please include this email in the staff report for the project.
Thanks,
Gerald
Gerald Green AICP
Executive Director
Metropolitan Planning Commission
KnoxvilleKnox County
Forwarded message
From: TERESA FAULKNER <[email protected]>
Date: Tue, Nov 3, 2015 at 10:43 PM
Subject: RE: Ewart/ use on review,3816 Sutherland Avenue
To: Gerald Green <[email protected]>
Dear Mr. Green,
Would you please include in MPC Commissioners' packet for the November 12 MPC
meeting this email below which states the Bearden Council reasons for requesting
denial of the use on review by applicant, George Ewart, for the property located at
3816 Sutherland Avenue. Some information about the Bearden Council: Bearden Council is am umbrella group which represents five neighborhood associations
located in the Bearden area; Westwood, Sequoyah Hills/Kingston Pike, Forest Heights,
Historic Sutherland Heights and Lyons View. The Bearden Council was formed in 2001 to
implement the goals of the MPC Bearden Village Opportunities Plan which was approved by
MPC Commissioners and Knoxville City Council in 2001. Attachment: 11-E-15-UR_pkg (4025 : Appeal by Bearden Council, 3816 Sutherland Ave. 11-E-15-UR)
Gerald Green <[email protected]>
To: Mike Reynolds <[email protected]>
Cc: Dan Kelly <[email protected]>
The Bearden Village Opportunities Plan and its' successful implementation: Our MPC Small Area Plan was produced by MPC staff working with community leaders and
area business owners who met together regularly for a year to create a professional plan for
an environmentally sustainable pedestrian "village" where people could live, provide for all
their needs and never own a car. Using this plan as a foundation, in the last 14 years
https://mail.google.com/mail/u/0/?ui=2&ik=a12b95017f&view=pt&search=inbox&th=150d2b5e98d24a0b&siml=150d2b5e98d24a0b
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Bearden Council members have helped to acquire over two million dollars for greenways,
sidewalks, seven sheltered bus stops from TDOT, KAT, the city and developers/business
owners; over 800 trees have been installed in our community and our "Village" received the
first ever MPC Environmental Sustainability Achievement Award.
Many of Bearden's commercial buildings are older and have been renovated for their
present use. In time, due to the success of our village efforts, we expect that many of these
renovated, and unimproved buildings will be torn down and new structures will be built on
those properties. Bearden Council members will work towards having any new
development on those properties meet the standards set forth in the Bearden MPC plan.
The property at 3816 Sutherland Avenue is a vacant lot. It is our position that the
development of this lot should meet the guidelines presented in our Village Plan
which states that buildings (in this case a new structure on a vacant lot) should be
placed in "close proximity to streets and sidewalks"...with "parking lots oriented to
the backs of buildings." A representative of our group met recently with Gerald Green and the petitioner for the use
on review, George Ewart (and his clients, Joan and Norma Aranda), in a failed effort to
reach a compromise; we offered to support two curb cuts at the site instead of one as
recommended in our plan, if the building was moved to the front of the site and parking to
the rear. Bearden Council stands behind the MPC staff recommendation against approval for a
use or review for this project
Thank you for your consideration of this matter.
Terry Faulkner, President; Bearden Council
https://mail.google.com/mail/u/0/?ui=2&ik=a12b95017f&view=pt&search=inbox&th=150d2b5e98d24a0b&siml=150d2b5e98d24a0b
Bearden Council position on request for use on review for 3816 Sutherland Avenue:
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Minutes
(Unapproved)
1:30 P.M.
Main Assembly Room
City County Building
The Metropolitan Planning Commission met in regular session on NOVEMBER 12, 2015
at 1:30 p.m. in the Main Assembly Room, City/County Building, and Knoxville,
Tennessee. Members:
A Ms. Rebecca Longmire, Chair
Mr. Herb Anders
Mr. Bart Carey, Vice Chair
Ms. Laura Cole
Mr. Art Clancy
Ms. Elizabeth Eason
Mr. Mac Goodwin
* Arrived late to the meeting.
** Left early in the meeting.
44.
A Mr. Len Johnson
Mr. Michael Kane
Mr. Charles F. Lomax, Jr
Mr. Jeff Roth
Mr. Jack Sharp
Mr. Scott Smith
Ms. Janice Tocher
A – Absent from the meeting
GEORGE EWART
11-E-15-UR
South side of Sutherland Ave., west of Lebanon St. Proposed use: Restaurant in
C-1 (Neighborhood Commercial) District. Council District 2.
STAFF RECOMMENDATION: Approve the request for up to 2,590 square feet of
restaurant space, subject to 9 conditions.
Gerald Green: The property for which the use on review is requested is within
the Bearden Village Opportunities planning area which raises some I guess policy
issues on which we would like your direction as you review and consider this
request. The Village Opportunities plan, the Bearden Village Opportunities plan
recommends that development be pedestrian in nature that buildings be built
towards the front of the lot with parking to the side or rear. For that reason one
of the conditions is that one of the buildings be placed back on the lot with
parking on the side and the rear. It also recommends that curb cuts be reduced
to create a more pleasing pedestrian environment. In working and meeting with
the applicant, the architect and the owners of the proposed restaurant, we
realized that the two curb cuts were necessary for deliveries and to
accommodate traffic flow. Compromised and allowed two curb cuts. The
restaurant has a use on review hence it being here. Another policy issue for us
and I will name all of those, the first policy issue is are uses on review subject
to more stringent or additional than typical uses as set forth as permitted uses
in the zoning ordinance. If so to what degree do we rely on adopted plans in
reviewing those? That is the second policy issue. First is do we have the latitude
with uses on review to do a more stringent and in some cases a more thorough
project review and the second policy questions is whether we can rely on those
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NOVEMBER 12, 2015
10.a.d
MPC Minutes November 12, 2015
Page 2
adopted plans as well as the ordinance to identify standards or provisions for the
development of uses on review. With this case in this instance the Village
Opportunities, Bearden Village Opportunities plan again has not been codified.
It is an adopted plan. It was adopted in early 2000’s and has been used by the
community to implement improvements in that community with an activity
community organization. I guess the third policy question is to what extend does
the community have the ability to guide development within that community.
With that I will be happy to answer any questions. Those are major policy
questions which staff especially under new directorship needs some direction,
would appreciate direction from this commission. With that I will let the applicant
speak.
Terry Faulkner: 4178 Ridgeway Lane, 37919. I wouldn’t describe us as
opponents of this development. I would describe us as supporters of the staff
recommendations that go along with our Bearden Village plan. I am here as
President of the Bearden Council and I am going to be supporting the staff
recommendations relating to Mr. Ewart’s use on review. Our group was formed
in 2001 and is an umbrella group composed of representatives from the
Westwood, Forest Heights, Historic Sutherland Heights. Lyons View and
Sequoyah Hills/Kingston Pike Homeowners Association. Our mission is to
implement the goals put forth in our MPC Bearden Village plan which was created
by MPC staff working with neighborhood leaders and Bearden business
representatives for over a year. This pedestrian plan provides guidance for every
aspect of future development in the Bearden Community. The goal of the plan
is to create an attractive, sustainable urban environment in which residents can
live, access all their needs and enjoy an excellent quality of life without ever
owning a car. During the process of approval by MPC Commissioners and City
Council in 2001 we were reminded repeatedly by members of those bodies that
unless out community leaders worked to implement the plan that it would sit on
a shelf and gather dust. We have diligently worked for the last 14 years to carry
out the plan always assuming that MPC staff and Commissioners would stand
behind our plan. The Bearden Village received the first MPC Environmental
sustainability award in 2006. Our group has worked since that time with over
120 businesses and developers within the Bearden community with three mayors
and several city council representatives. We have worked with TDOT, KAT, East
Tennessee Community Design Center, Knox Heritage, Keep Knoxville Beautiful,
Knox County School System and various UT officials. I would like to address at
this point Mr. Ewart’s concerns and questions about what we have done on
Sutherland Avenue. Two million dollars of State contestation, medication and air
quality funds were acquired and used to build approximately two miles of
greenways and sidewalks. The roots and shelter cap stops were based on the
Bearden Village plan. Over 150 trees funded by business owners, the City and
UT have been added to beautify and provide shade. The City recently completed
a $400,000 sidewalk to access pedestrians to convenience stores and restaurants
across from the UT athletic fields. We worked with the University on this main
street project and they agreed to participate and added a public plaza, two
greenway connections and paid for a pressed asphalt crosswalk on Sutherland
at Hollywood. We worked with developers Jay McBride, Paul Murphy and the City
to get sidewalks on the north side of Sutherland across from West High School.
We attempted a compromise with Mr. Ewart and I think Gerald Green can
address that. Our recommendation is going to be to stand by the staff
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recommendation on this request. I would like to recognize Mary English a
member of our group who would like to speak also.
Mary English, 810 Oak Grove Lane. As Terry mentioned I am on the Bearden
Council. I have lived in Bearden for 35 years. I am also a professional in land
use. I have spent a good deal of my career working on urban growth issues as
part of my policy work. Staff is recommended approving the use on review
subject to the 9 conditions. The condition I want to focus on is condition four to
make it clear that condition specifies placing the restaurant at the front of the
lot with parking in the rear unlike the commercial strip that is to the east on
Sutherland the lot that you are looking at is right in the middle of a mixed use
area. It is surrounded by residential, office. It is a very small strip. Right now the
lot is vacant. It has been vacant for a long time. This vacant lot is precisely the
kind that benefits from the design features that you find in the Bearden Village
Opportunities plan and that has been spelled out by Mr. Green and his staff in
their recommendation. These design features not only enhance the
neighborhood, they protect the property values of surrounding property owners.
They will actually probably benefit El Charro. They also, and this is part of your
responsibility, they help to enhance the density of growth in this increasingly
urban area which saves public money by using public infrastructure efficiently.
Thank you.
George Ewart: 404 Bearden Park Circle, 37919. I appreciate Mr. Green allowing
me to be you all’s test tube on this project. I want to thank everybody here for
serving on this Commission. I served on it for five years and I know what you all
go through and I appreciate you all spending your time doing this. Rhonda is
here and David Williams from the Pond Gap Neighborhood Association. We have
got Mr. Cook who owns the Holyland Market and Oliver Smith with us today. Our
issue is number 4 which Mr. Green has already addressed. Let me give you a
little bit of history. We first met with the Pond Gap Neighborhood Association
where this parcel is located and Ms. Faulkner mentioned that they are not part
of the Bearden Council. I am kind of confused about what is going on there.
Anyway we met with them before we submitted this. They were involved in the
Bearden Opportunities Plan. We collected 72 signatures which you should have
in your package of support on this project. When we submitted it we waited until
we got the approval from the neighborhood association submitted to you all then
we started getting feedback from Mr. Green and saying that we needed to look
at the Bearden Village Opportunities plan and so on and so forth. We met and
went over everything. I actually met with the Forest Heights Neighborhood
Association also. I will get a little bit more on that. When I met with Mr. Green I
did not recall the Bearden Opportunities Plan. I went back and started reading it
and on page five of that plan there is a picture of me in there. I was involved in
this process. There is no doubt about it. What we had was a very conceptual
overlay plan. It was for a master plan. If you look at the concept on the
Sutherland Avenue plan that they have presented to you in there, there are no
parcels on Sutherland Avenue that meet that. This parcel doesn’t have an alley
on the back of it. It doesn’t have… We have got to get a setback variance to put
this thing in here and so on and so forth. There is a lot of things that kind of
have developed over the years since this thing has been implemented. For
example the creation of the new sports complex, new offices. Six6 restaurants
in this area have developed. There are 10 restaurants from one mile from this
property. Every single restaurant has parking in the front. Not one does it have
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it in the back. Okay. Every single one of them has it on there. This parcel is
zoned C-1. There are 16 uses that we can put in this building on this site that
you all would never see. They could put on this site exactly like we have drawn.
Exactly. The 10 restaurants I mentioned there’s 10 restaurants. They are all built
with parking in front of them. The staff is requiring El Charro to relocate their
building in front of their front yard. They have been in the restaurant business
for 35 years. They own a place on Bearden that has the exact same situation. It
is a failing restaurant. They sold it. They are moving. Why are they moving?
Because people cannot see cars. They think it is not popular so they are not
going there. They are investing $750,000 in a piece of property on Sutherland.
I ask you. Would you do that and have the same situation as you have right now
on Bearden Hill? The answer is no. You wouldn’t. Even Mr. Green’s drawing, not
picking on you Gerald, but the drawing that he put in your package has us to try
to get a front yard setback it shows our entrance in the setback. That is another
public hearing that we have to go through. Who knows what is going to happen
there. Just like this. It does not make sense to approve something that you
already have to get a variance on. The other thing is. Most people look at this
thing there’s four residential lots behind this building. Do you want parking lot
lights from cars shining in the back of four residences? Because that is what you
have got. I ask you all with all this above in mind to approve this use on review
and exclude item number 4. Thank you.
Carey: I am afraid I have made a rooky mistake. There are two, four, five lights
on and I have no clue who was first. I have been reading along with this thing.
Is there an honor system here?
Michael Kane: I think Mr. Clancy always has his light on first. I think I was
second. I think Mr. Ewart makes some very strong arguments. I understand
those arguments but I think part of the problem that I have is that we do have
plans and they do establish some kind of expectation. I think Ms. Faulkner made
a very compelling argument in the fact that they had a plan and they were told
to go out and work hard to make it happen. What they have done is to provide
the pedestrian infrastructure to make this work. Which doesn’t really happen on
top of Bearden Hill. Bearden Hill is not really a pedestrian kind of place. But they
worked hard to do that. So some of the things that may not have happened in
the past. Maybe there wasn’t justification for it because those buildings already
existed and the parking already existed. Some of those examples may not be
there. But the problem is these folks have worked hard and now that
infrastructure is in place. They worked hard to do that. What’s the payoff if we
don’t use the tools that we have in place to say if there is a development here
then it must comply with this. I am not saying El Charro will be successful there.
They have got to make that decision themselves. I can’t make that decision for
them. What I can say is this is what the community has said. They worked hard
to make this a pedestrian friendly area. We see urbanized environments all the
time that they are designed for pedestrians. That is what happens in other areas
of the country. That is what they are doing. They are putting the green space in
front. They are moving the building forward. They are doing all those kinds of
things. What we are saying is that these folks have worked hard. It was a plan
that was endorsed by this body and by City Council. We are saying you worked
hard and your payoff, hum really there is no payoff for you. We are not going to
really do anything to compel folks to help implement this. So I have a problem
with that. If we are not going to try to help implement these things then we
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shouldn’t have these plans or not have any design standards that affect private
property. We just do the public infrastructure part of it because that is what we
can effect. We just won’t do any of the other stuff because you know there is no
other planning that goes with it. Anyway that is my perspective.
Art Clancy: First of all I would like to thank the Bearden Council and all the work
they have done with the Bearden Village Opportunity Plan. I think it is a great
thing. I think you all have done a lot of good positive things. I would like to
sarcastically thank Mr. Ewart for his efforts in developing the Bearden Village
Opportunities plan. I don’t think there is no payoff. I don’t agree with that. I am
looking at a Bearden greenway that goes out in front of this whether we put the
restaurant to the back of the property or the front of the property. I don’t see…
other than I asked somebody how does pulling the building up to the road make
this more pedestrian friendly and more bicycle friendly. All I got was I think it
does. I don’t understand how that makes this more pedestrian friendly. You pull
that building all the way up. Let’s say we pull the building all the way up. Put all
the parking in the back. The customers are all parking around back where you
access door is. You’re moving good in and out. You have got your garbage cans,
your grease, everything sitting right there and they have to walk all the way
around that and go into your restaurant. I don’t know about seeing cars in front
of your restaurant. Maybe that does work; maybe it doesn’t. Having a patio out
front with umbrellas makes it more festive. Seems like that make it more
attractive. People going down the bike trails; hey there is a restaurant. Not hey
they there is a restaurant. I will just drop my bike and walk two feet over into to
it. I just don’t get that part of it. Nobody has been able to tell me why putting a
restaurant right up against Sutherland Avenue is a good idea and why it makes
it pedestrian friendly. Don’t the bicycles have to go around in the back and park?
Is that it? Is that where I am missing it? I don’t know of one single restaurant,
there probably is one but I don’t know of it, where there is no parking in front.
Can anybody tell me where there is a restaurant in Knoxville where there is no
parking in front.? Other than something on Gay Street. Clancy’s right. El Charro
on Bearden Hill. The Orangery, that is not true. The Orangery has parking in
front of it. Somebody else said Namas. Namas has parking in front.
Kane: K brew. They have just a little parallel parking.
Carey: Okay let’s not get into this conversation. Let’s stay on track.
Clancy: It is in front. Shucks locates on Mohican or whatever. That being said. I
had other questions but I just really can’t get my head around what makes this
so attractive moving this all the way to the front. Having a bigger vegetative
buffer between the restaurant and the neighborhood, I am up for that. Yes let’s
do that. Let’s make sure that the developer puts a sidewalk in. Let’s make sure
that he puts bike racks out front. Let’s make sure that he maintains the
greenway. Curb cuts who cares. I mean the Bearden Council is doing a great job
of stuff. I just don’t know that any of these things in particular are going to be
beneficial to the entire neighborhood. I don’t see where you have increased the
value, aesthetic value of your neighborhood by putting a restaurant in that can’t
stay in business. I don’t understand why pulling it all the way forward is so
import. I don’t understand why planting trees in front of your sign and in front
of your whole thing so it blocks the restaurant and you don’t see it. I don’t
understand how that it makes it a better place. So I would like to make the
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Page 6
motion that we approve the request for up to 2,590 square feet of restaurant
space subject to 8 conditions, removing condition number 4.
MOTION (CLANCY) AND SECOND (ROTH) WERE MADE TO APPROVE
THE REQUEST FOR UP TO 2,590 SQUARE FEET OF RESTAURANT SPACE
SUBJECT TO 8 CONDITIONS, REMOVING CONDITION NO. 4.
Elizabeth Eason: I am not going to try to answer Commissioner Clancy’s many
questions he raised. I do want to talk about the plan. I still feel like a fairly new
Commissioner and I think that the whole issue that we run into where we have
plans that the community has worked really hard on developing; we have put
them into place. I think it is something that I appreciate our staff looking at those
plans in making decisions and considering those plans as we go forward. I think
if we have a plan that has a conflict or requires a variance we should figure out
some ways to resolve those conflicts so that we don’t have to go through another
process if we are setting up a conflict or find ways to take those plans and
actually have some implementation tools that let us more easily follow those
plans in our decision process. I think we have got a plan. This is a restaurant on
a new, vacant parcel. Many of the other restaurants are in existing buildings.
That is sort of a different situation there. I think it is a very walkable, pedestrian
corridor and so I support the plan and the staff’s decision.
Jeff Roth: I want to go on record, Commissioner Kane, I don’t know if I came
across maybe Tuesday like I didn’t think the plan was important. I think the
plans are important. I think the plans we adopt are important. I think our zoning
ordinances are important. I think it is up to us as commissioners to look at these
recommendations in these plans in each individual situation and make a decision
as to whether they apply or not. I think this plan resulted in this particular
situation there are several things that have happened, several things they have
done that are a result of this plan. You talk about making pedestrian friendly.
They have got a sidewalk from the hard sidewalk to the front door that doesn’t
cross the parking lot. That is pedestrian friendly to me. They have put in
vegetation. One of the curb cuts, I know they have two curb cuts, and part of
the plan was to recommend to reduce curb cuts but they have shown that there
is a requirement for deliveries that makes that not feasible for this situation.
They have put in vegetation. They have put in sidewalks. They have worked…
you know we are really big on the developers working with the community. I
think in this case the owner and developer have gone out of their way. So there
are things in the plan that have been adopted under this recommendation in not
to move the building to the front. Moving the building to the front, I agree I don’t
understand how that makes it more user, increases walkability. We are listening
to a situation where okay so there is some give and take. Okay we can do this
and this and this. But the person that owns this property says, I can’t do this.
He has met everything else including the codified zoning requirements and he
has gone above and beyond to meet some of the things that the Bearden Council
has recommended. So I think…
Kane: What things has he done to meet the Bearden Council? I am sorry I don’t
understand.
Roth: Well pedestrian friendly recommendations. Right.
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Page 7
Kane: Like what?
Roth: Well there is a sidewalk from in the plan that we have there is a sidewalk.
Kane: They are putting in a sidewalk that isn’t there now. Is there a sidewalk
there now?
Roth: They are putting in a sidewalk to the front door of the restaurant.
Kane: No I don’t see that.
Roth: Look at your plan. Well I don’t have my, my plan has gone out.
Kane: On the side. I see it now. I thought… I do see it now.
Roth: It doesn’t have to cross the parking lot. So they did that. That is part of
the plan’s recommendation. The way I see these plans, and again they are not
asking for zoning changes or anything like that. The property is zoned for what
they are doing now. I think part of the plan and part of our job as Commissioners
is to look at these plans and take these recommendations and say okay does
this work. Do all these recommendations in a plan have to apply to every
situation? In a plan we would have the latitude to determine when they do. I
would suggest that we have done that. I would suggest that this… and I
seconded the motion that we support this development without item number 4.
So.
Scott Smith: I just want to agree with, I don’t understand the putting the
restaurant in the front looking backwards and to park in the back. I don’t get
that why it helps walkability. But let’s talk about the plan and the area. I went
over there to Chambliss and Newcomb Avenue and it is mostly businesses in
those old residential style houses. The ones that are there they all pretty much
have parking in front of their houses in front of the houses that have been
changed into offices. They do have parking in the back as well. As I read through
the plan even let’s say we go with this plan although it is not codified one of the
main things like page 17 under the urban design page it even, it says for example
guidelines might require that buildings front on streets with parking lots towards
the rear of the building. Then it goes on to say the design elements will have to
be further defined if an overlay or other zoning district is implemented. That led
me to believe that maybe this is not finished. Maybe there is more work to be
done on this plan. Additionally on page 24 Forest Park Boulevard and Chambliss
Avenue which this property is supposed to be a part of it says development
occurring between Sutherland Avenue and Kingston Pike east of Carr Street,
west of Lebanon Street is a mix of office and residential uses. No commercial.
Office and residential uses. This property obviously is a commercial property on
Sutherland. I kind of feel like this thing about parking in the rear was directed at
these office and residential homes in that district because if you look at those
houses where they sit on the lot they were first houses they sit at the front of
the lot. So there is no way to have parking in front of the houses. So I think that
has kind of gotten morphed into what they are trying to impose on this
commercial side. I think the plan if that is the district it falls in needs to address
commercial properties which this plan doesn’t. I mean I am fully supportive of
Art’s motion to not require them to do parking in the rear.
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10.a.d
Page 8
Carey: I am going to weight in just real quickly. I would rather handle three
Development Corp deals as opposed to this one. I am not sure there are many
comfortable people sitting at this table right now because this is one sticky issue.
I on the other hand disagree with Commissioner Clancy’s assessment that there
is no benefit from having the restaurant towards the front. I think that creating
an urban setting much like an inner city feel with walking right into either a patio
or courtyard or right into the restaurant offers a benefit. I think that’s a broad
stroke. I would be a whole lot happier if this whole block of land here was vacant
and we could establish a street scape that was consistent. My issue with, I think
the idea of a front forward building, I think it can offer a much better and more
attractive look as you drive down the street to see buildings instead of cars. But
we go back to the property next door is set back and other properties are set
forward and back. Good planning involves street scape and harmony and not
having irregularities as you drive or walk or bike which I do regularly on this
area. Again I think conceptually the forward front is moving forward is a good
design element but I just don’t know that I can support it because of exactly
where it sits. I hope the district can find a place that it could be more at home,
more comfortable in its settings. I am just not sure this is it. If there is no other
comments or questions, I guess I better find my motion here. The motion was
for to approve the request for up to 2590 square feet of restaurant space subject
to 9 conditions with the exception of number 4 which makes it 8 conditions.
Upon roll call the Planning Commission voted as follows:
Tocher
No
Smith
Yes
Sharp
Yes
Roth
Yes
Lomax
Yes
Kane
No
Goodwin No
Eason
No
Cole
Yes
Clancy
Yes
Carey
Yes
Anders
Yes
MOTION CARRIED 8-4. APPROVED WITHOUT CONDITION 4.
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10.a.d
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10.a.d
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10.a.d
> Ad Proof
Sales Rep: Louise Watkins (K3405)
Phone: (865) 342-6515 > Account Information
10.a.d
Email: [email protected]
> Insertion Information
This is a proof of your ad scheduled to run on the dates indicated below.
Account Number: 237952 (KC03787)
Company Name: MET. PLAN. COMM.
Please confirm placement prior to deadline by contacting your account
rep at (865) 342-6515 .
Ad Id: 822848
Contact Name:
P.O. Number: Total Cost: $33.58
Email: [email protected]
Tag Line: PUBLIC NOTICE The following appeal s
Address: 400 MAIN AVENUE SU 403, KNOXVILLE, TN, 37902
Start Date: 12/01/15
Stop Date: 12/01/15
Phone: (865) 215-2506
Number of Times: 1
Class: 16160 - Miscellaneous Notice
Fax: 2152068
Publications: KN-Knoxville News Sentinel, KN-Internet - knoxnews.
com
> Ad Proof
I agree this ad is accurate and as ordered.
PUBLIC NOTICE
The following appeal shall be
considered by the Knoxville City
Council on Thursday, December 17,
2015, at 7:00 p.m. in the Main Assembly
Room, City County Building, 400 Main
Street, Knoxville TN. Data pertinent
to this item may be seen in MPC’s
office, fourth floor of the City-County
Bldg., Main St., Knoxville. If you need
assistance or accommodation for a
disability, please contact the City
ADA coordinator at 215-2104.
Appeal
Appeal by Bearden Council of MPC
approval of use on review for a
restaurant in C-1 (Neighborhood
Commercial) District. Property
located south side of Sutherland Ave.,
west of Lebanon St. Council District 2,
West City Sector. File 11-E-15-UR.
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such, Journal Media Group reserves the
right to categorize, edit and refuse certain classified ads. Your satisfaction is important. If you notice errors in your ad, please notify the classified department immediately so that we can make corrections before the second print date. The number to call is 865-637-4111. Allowance may not be made for errors
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Packet Pg. 63
Date: 11/30/15
11.a
City Council
AGENDA DATE:
December 17, 2015
DEPARTMENT:
Law Department
DIRECTOR:
Charles Swanson
AGENDA SUMMARY A Resolution authorizing the Mayor to execute an agreement with
Fred D. (Tony) Thompson, Jr. in the amount of $55,000.00 to provide governmental
relations services for the City of Knoxville.
COUNCIL DISTRICT(S) AFFECTED - All
BACKGROUND For the past fifteen years, the City has had a contract with Mr. Thompson to
provide professional services related to governmental relations, primarily in connection with
the sessions of the Tennessee Legislature.
OPTIONS Should Council decline to approve the agreement with Mr. Thompson, the City
would need to identify and contract with another professional to provide these services.
RECOMMENDATION Approve the agreement.
ESTIMATED PROJECT SCHEDULE The agreement will run from January 1, 2016 to
December 31, 2016.
PRIOR ACTION/REVIEW This is a professional services contract therefore, it was not put
out to bid.
FISCAL INFORMATION $55,000.00, Mr. Thompson has provided these services for the
past fifteen calendar years. This amount has been paid in the past from the Law
Department's professional services budget.
Updated: 12/8/2015 1:42 PM
Page 1
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11.a
Resolution (ID # 4016)
Meeting of December 17, 2015
ATTACHMENTS:

Resolution
(DOC)

Agreement (DOC)
Updated: 12/8/2015 1:42 PM
Page 2
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RESOLUTION
A RESOLUTION OF THE
COUNCIL OF THE CITY OF
KNOXVILLE
AUTHORIZING
THE MAYOR TO EXECUTE AN
AGREEMENT WITH FRED D.
(TONY) THOMPSON, JR. IN
THE AMOUNT OF $55,000.00 TO
PROVIDE
GOVERNMENTAL
RELATIONS SERVICES FOR
THE CITY OF KNOXVILLE.
RESOLUTION NO: __________________
REQUESTED BY: Law Department____
PREPARED BY: Law Department________
APPROVED: ________________________
MEASURE: _________________________
WHEREAS, the City of Knoxville desires to continue to employ the services of an
attorney engaged in providing governmental relations services to develop an effective
relationship with the state government community in Tennessee in order to protect the
interests of the City of Knoxville; and
WHEREAS, Fred D. (Tony) Thompson, Jr., by reason of skill and experience, has
the necessary expertise to provide said services; and
WHEREAS, Mr. Thompson has ably served the City in this capacity for fifteen years
and has demonstrated his skill, experience, and expertise in this regard.
CITY OF KNOXVILLE:
SECTION 1: The Mayor be, and hereby is, authorized to execute an Agreement, a
copy of which is attached hereto, on behalf of the City of Knoxville with Fred D. (Tony)
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Attachment: Resolution (4016 : Fred D. Thompson Agreement)
11.a.a
11.a.a
Thompson, Jr. in the amount of FIFTY-FIVE THOUSAND DOLLARS ($55,000.00) to
provide professional services related to governmental relations for the 2016 calendar year.
SECTION 2: This Resolution shall take effect from and after its passage, the
welfare of the City requiring it.
Attachment: Resolution (4016 : Fred D. Thompson Agreement)
________________________________
____________________________
Recorder
F:\Resolutions\Tony Thompson 2016.oc
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11.a.b
CHARLES W. SWANSON
Law Director
City of Knoxville
Document No. C-16-0172
AGREEMENT
THIS AGREEMENT is made by and between the CITY OF KNOXVILLE, a municipal
corporation organized and existing under the laws of the State of Tennessee (“the City”), and FRED
Contractor”).
WHEREAS, the City desires to employ the services of an individual who is engaged in
providing governmental relations services to develop an effective relationship with the state
government community in Tennessee in order to protect the interest of the City of Knoxville; and
WHEREAS, the Contractor, by reason of skill and experience, has the necessary expertise to
provide said services.
NOW, THEREFORE, the City and the Contractor, for the mutual considerations stated
herein, agree as follows:
ARTICLE 1.
BASIC AGREEMENTS
1.1
SCOPE OF SERVICES. The Contractor shall monitor proposed legislation considered by the
Tennessee General Assembly and shall provide the Mayor's office regular status updates of
such legislation during the 2016 legislative session. In addition, the Contractor will provide
government relations services by (i) developing a sufficient presence in the legislature to
impact specific legislation as necessary; (ii) by working with the large cities in Tennessee in
order to form alliances when issues affecting large cities are proposed and being prepared to
impact effectively those issues; (iii) by working with members of the legislature on issues
affecting the City; and (iv) by providing other applicable government relations services.
1.2
TERM. The term of this Agreement shall commence on January 1, 2016 and shall terminate
on December 31, 2016, unless terminated earlier pursuant to the provisions of Article II
hereof.
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Attachment: Agreement (4016 : Fred D. Thompson Agreement)
D. (TONY) THOMPSON, JR., P.O. Box 2103, Brentwood, Tennessee 37024-2103 (“the
1.3
CONSIDERATION. As consideration for the services as set forth hereinabove, the City shall
pay the Contractor the sum of FIFTY-FIVE THOUSAND DOLLARS ($55,000.00) payable
in equal monthly installments. The City and the Contractor recognize that the majority of the
services to be performed hereunder shall occur during the Tennessee General Assembly's
2016 legislative session; however, the Contractor will continue to provide government
relations services as needed throughout the remaining calendar year.
1.4
NOTICES. Invoices, communication and details concerning this Agreement will be directed
to the following representatives:
The City:
Charles W. Swanson
Law Director
City of Knoxville Law Department
P.O. Box 1631
Knoxville, TN 37901
(865) 215-2050
The Contractor:
Fred D. (Tony) Thompson, Jr.
P. O. Box 2103
Brentwood, TN 37024-2103
(615) 975-8169
ARTICLE 2.
TERMINATION
Either party may cancel this Agreement, with or without cause, by giving written notice to the
non-terminating party at least thirty (30) days before the effective termination date.
The City reserves the right to suspend or terminate this Agreement immediately and withhold
payments in excess of just compensation for completed services if the Contractor (i) fails to perform
his obligations under this Agreement, or (ii) violates any provision of this Agreement. Furthermore,
the City may declare the Contractor ineligible for any further participation in City contracts after
appropriate due process requirements are met; such requirements include a right to notice and
hearing. In the event that the City has probable cause to believe that the Contractor is in noncompliance with any provision of this Agreement, the City may withhold payment until the City
finds the Contractor to be in compliance, or until the Contractor is otherwise adjudicated to be in
compliance.
ARTICLE 3.
NON-DISCRIMINATION
The Contractor:
(A)
(B)
will not discriminate against any employee or applicant for employment because of race, age,
color, religion, national origin, sex or disability;
will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to their race, age, color, religion, national origin,
sex or disability;
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11.a.b
11.a.b
(C)
will, in all solicitations or advertisements for employees placed by or on behalf of it, state
that all qualified applicants will receive consideration for employment without regard to race,
age, color, religion, national origin, sex or disability; and
(D)
will include these provisions in every subcontract or sublease let by or for him.
The Contractor hereby takes notice of and warrants that it is not in violation of, or has not
participated, and will not participate, in the violation of any of the following ethical standards
prescribed by the Knoxville City Code:
(A)
Sec. 2-1048. Conflict of Interest.
It shall be unlawful for any employee of the city to participate, directly or indirectly,
through decision, approval, disapproval, recommendation, preparation of any part of a
purchase request, influencing the content of any specification or purchase standard, rendering
advice, investigation, auditing or otherwise, in any proceeding or application, request for
ruling or other determination, claim or controversy or other matter pertaining to any contract
or subcontract and any solicitation or proposal therefore, where to the employee’s knowledge
there is a financial interest possessed by:
(1)
The employee or the employee’s immediate family;
(2)
A business other than a public agency in which the employee or a member of
the employee’s immediate family serves as an officer, director, trustee,
partner or employee; or
(3)
Any other person or business with whom the employee or a
member of the employee’s immediate family is negotiating or has an
arrangement concerning prospective employment.
(B)
Sec. 2-1049. Receipt of Benefits from City Contracts by Councilmembers, Employees and
Officers of the City.
It shall be unlawful for any member of council, member of the board of education,
officer or employee of the city to have or hold any interest in the profits or emoluments of
any contract, job, work or service, either by himself or by another, directly or indirectly. Any
such contract for a job, work or service for the city in which any member of council, member
of the board of education, officer or employee has or holds any such interest is void.
(C)
Sec. 2-1050. Gratuities and Kickbacks Prohibited.
Gratuities. It is unlawful for any person to offer, give or agree to give to any person,
while a City employee, or for any person, while a city employee, to solicit, demand, accept or
Page 3 of 7
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ARTICLE 4.
ETHICAL STANDARDS
11.a.b
agree to accept from another person, anything of a pecuniary value for or because of:
(1)
An official action taken, or to be taken, or which could be taken;
(2)
A legal duty performed, or to be performed, or which could be performed; or
(3)
A legal duty violated, or to be violated, or which could be violated by such
person while a city employee.
Anything of nominal value shall be presumed not to constitute a gratuity under this
section.
Kickbacks. It is unlawful for any payment, gratuity or benefit to be made by or on
behalf of a subcontractor or any person associate therewith as an inducement for the award of
a subcontract or order.
(E)
Sec. 2-1051. Covenant Relating to Contingent Fees.
(1)
Representation of Consultant. Every person, before being awarded a contract in
excess of ten thousand dollars ($10,000.00) with the city, shall represent that no other
person has been retained to solicit or secure the contract with the city upon an
agreement or understanding for a commission, percentage, brokerage or contingent
fee, except for bona fide employees or bona fide established commercial, selling
agencies maintained by the person so representing for the purpose of securing
business.
(2)
Intentional violation unlawful. The intentional violation of the representation
specified in subsection (a) of this section is unlawful.
Sec. 2-1052.
(1)
Contemporaneous employment prohibited. It shall be unlawful for any city employee
to become or be, while such employee, an employee of any party contracting with the
particular department or agency in which the person is employed.
(2)
Remedies for Violations. For violations of the ethical standards outlined in the
Knoxville City Code, the City has the following remedies:
(a)
(b)
(c)
(d)
(F)
Restrictions on Employment of Present and Former City Employees.
Oral or written warnings or reprimands;
Cancellation of transactions; and
Suspension or debarment from being a contractor or subcontractor under city
or city-funded contracts.
The value of anything transferred in violation of these ethical standards shall
be recoverable by the City from such person. All procedures under this
section shall be in accord with due process requirements, included but not
limited to a right to notice and hearing prior to imposition of any cancellation,
suspension or debarment from being a contractor or subcontractor under a
city contract.
Remedies for Violations. For violations of the ethical standards outlined in the Knoxville
City Code, the City has the following remedies:
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(D)
11.a.b
(1)
(2)
(3)
Suspension or debarment from being a Contractor or subcontractor under city or cityfunded contracts.
ARTICLE 5.
MISCELLANEOUS PROVISIONS
5.1
INDEPENDENT CONTRACTOR. The Contractor shall perform all obligations under this
Agreement as an independent contractor; neither it nor its employees shall be considered
employees, partners or agents of the City, nor shall it or its employees be entitled to any
benefits, insurance, pension, or workers’ compensation as an employee of the City.
5.2
ASSIGNMENT. The Contractor shall not assign or transfer any interest in this Agreement
without obtaining the prior written approval of the City.
5.3
SUBCONTRACTS TO THE AGREEMENT. The Contractor shall not enter into a subcontract
for any of the services performed under this Agreement without obtaining the prior written
approval of the City.
5.4
WRITTEN AMENDMENTS. This Agreement may be modified only by a written amendment
or addendum that has been executed and approved by the appropriate officials shown on the
signature page of this Agreement.
5.5
REQUIRED APPROVALS. Neither the Contractor nor the City is bound by this Agreement
until it is approved by the appropriate officials shown on the signature page of this
Agreement.
5.6
ARTICLE CAPTIONS. The captions appearing in this Agreement are for convenience only
and are not a part of this Agreement; they do not in any way limit or amplify the provisions
of this Agreement.
5.7
SEVERABILITY. If any provision of this Agreement is determined to be unenforceable or
invalid, such determination shall not affect the validity of the other provisions contained in
this Agreement. Failure to enforce any provision of this Agreement does not affect the rights
of the parties to enforce such provision in another circumstance, nor does it affect the rights
of the parties to enforce any other provision of this Agreement at any time.
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The value of anything transferred in violation of these ethical standards shall be recoverable
by the City from such person. All procedures under this section shall be in accord with due
process requirements, included but not limited to a right to notice and hearing prior to
imposition of any cancellation, suspension or debarment from being a Contractor or
subcontractor under a city contract.
5.8
FEDERAL, STATE AND LOCAL REQUIREMENTS. The Contractor is responsible for full
compliance with all applicable federal, state, and local laws, rules and regulations.
5.9
NO BENEFIT FOR THIRD PARTIES. The services to be performed by the Contractor
pursuant to this agreement with the City are intended solely for the benefit of the City, and no
benefit is conferred hereby, nor is any contractual relationship established herewith, upon or
with any person or entity not a party to this Agreement. No such person or entity shall be
entitled to rely on the Contractor’s performance of its services hereunder, and no right to
assert a claim against the City or the Contractor, its officers, employees, agents or contractors
shall accrue to the Contractor or to any subcontractors, independently retained professional
consultant, supplier, fabricator, manufacturer, lender, tenant, insurer, surety or any other third
party as a result of this Agreement or the performance or non-performance of the
Contractor’s services hereunder.
5.10
NON-RELIANCE OF PARTIES. Parties explicitly agree that they have not relied upon any
earlier or outside representations other than what has been included in this Agreement.
Furthermore, neither party has been induced to enter into this Agreement by anything other
than the specific written terms set forth herein.
5.11
FORCE MAJEURE. Neither party shall be liable to the other for any delay or failure to
perform any of the services or obligations set forth in this Agreement due to causes beyond
its reasonable control, and performance times shall be considered extended for a period of
time equivalent to the time lost because of such delay plus a reasonable period of time to
allow the parties to recommence performance of their respective obligations hereunder.
Should a circumstance of force majeure last more than ninety (90) days, either party may by
written notice to the other terminate this Agreement. The term “force majeure” as used herein
shall mean the following: acts of God; strikes, lockouts or other industrial disturbances; acts
of public enemies; orders or restraints of any kind of the government of the United States or
of the State or any of their departments, agencies or officials, or any civil or military
authority; insurrections, riots, landslides, earthquakes, fires, storms, tornadoes, droughts,
floods, explosions, breakage or accident to machinery, transmission pipes or canals; or any
other cause or event not reasonably within the control of either party.
5.12
EEO/AA. The City of Knoxville is an EE/AA/Title VI/Section 504/ ADA/ADEA Employer.
5.13
GOVERNING LAW AND VENUE. This Agreement shall be governed and construed in
accordance with the laws of the State of Tennessee. Any action for breach of this Agreement
or to enforce or nullify any provision of this agreement shall be instituted only in a court of
appropriate jurisdiction in Knox County, Tennessee.
5.14
ENTIRE AGREEMENT. This Agreement forms the entire Agreement between the City and
the Contractor. Any prior representations, promises, agreements, oral or otherwise, between
the parties, which are not embodied in this writing, shall be of no force or effect.
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11.a.b
IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement in
two (2) copies as of the below-written date.
APPROVED AS TO FORM:
CITY OF KNOXVILLE
By: _______________________________
MADELINE ROGERO
Mayor
Date: _______________________________
FUNDS CERTIFIED:
_____________________________
JAMES YORK
Finance Director
Required Documents:
Certificate of Insurance
Performance Bond
Payment Bond
Release Form
________________________________
FRED D. (TONY) THOMPSON, JR.
N/A
N/A
N/A
N/A
F:\Contracts\Tony Thompson 2016.oc
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______________________________
CHARLES W. SWANSON
Law Director
11.b
City Council
AGENDA DATE:
December 17, 2015
DEPARTMENT:
Administration
DIRECTOR:
Mayor's Office
AGENDA SUMMARY A Resolution authorizing the Mayor to enter into an agreement with
Knox County and the Knoxville Utilities Board amending the 1985 original tri-party
agreement which established the Knoxville Geographic Information System (KGIS).
COUNCIL DISTRICT(S) AFFECTED
All.
BACKGROUND
The original agreement (attached) between the County, City, and KUB is outdated. The
amendment (attached) further clarifies the structure, cost allocation, participation and
duties of the director, employees, policy board and executive committee required for the
Knoxville Geographic Information System (KGIS) operations.
OPTIONS
N/A
RECOMMENDATION
Approval.
ESTIMATED PROJECT SCHEDULE
N/A
PRIOR ACTION/REVIEW
N/A
FISCAL INFORMATION
N/A
ATTACHMENTS:

Resolution - Agreement to Amend the KGIS Agreement (DOCX)

Original Tri-Party Agreement
Updated: 12/7/2015 4:19 PM
(PDF)
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
Amended Tri-Party Agreement
Updated: 12/7/2015 4:19 PM
(PDF)
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RESOLUTION
A
RESOLUTION
OF
THE
KNOXVILLE AUTHORIZING THE
MAYOR TO ENTER INTO AN
AGREEMENT
WITH
KNOX
COUNTY AND THE KNOXVILLE
UTILITIES BOARD AMENDING
THE 1985 ORIGINAL TRI-PARTY
AGREEMENT
WHICH
ESTABLISHED THE KNOXVILLE
GEOGRAPHIC
INFORMATION
SYSTEM (KGIS).
RESOLUTION NO: _________________
REQUESTED BY: Mayor’s Office
PREPARED BY: Law
APPROVED: ________________________
MEASURE: _________________________
WHEREAS, the City of Knoxville, Knox County and the Knoxville Utilities Board
(hereinafter referred to as “KUB”) entered into a Tri-Party Agreement dated August 9, 1985
(Contract C-85-105) in order to develop, implement and maintain a computerized mapping
system; and
WHEREAS, since 1985, this computerized mapping system, which is more
commonly known as the Knoxville/Knox County/Knoxville Utilities Board Geographic
Information System (“KGIS”), has been used by the parties as well as the public for
geographic informational purposes; and
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Attachment: Resolution - Agreement to Amend the KGIS Agreement (4006 : KGIS Tri-Party Amendment)
11.b.a
11.b.a
reflect certain operational changes and clarify the organizational structure of KGIS; and
WHEREAS, this Amendment will also clarify how operational costs for KGIS are
to be allocated among the three parties as well as the participation and duties of the Director
of KGIS and KGIS’ employees.
CITY OF KNOXVILLE:
SECTION 1:
That the Mayor be, and hereby is, authorized to enter into an
Amendment to Contract C-85-105, in a form substantially like the document attached
hereto, between the City, Knox County and KUB.
SECTION 2: This Resolution will take effect from and after its passage, the welfare
of the city requiring it.
_______________________________
______________________________
Recorder
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Attachment: Resolution - Agreement to Amend the KGIS Agreement (4006 : KGIS Tri-Party Amendment)
WHEREAS, it is the desire of the three parties to amend the original Agreement to
Attachment: Original Tri-Party Agreement (4006 : KGIS Tri-Party Amendment)
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Attachment: Amended Tri-Party Agreement (4006 : KGIS Tri-Party Amendment)
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11.c
City Council
AGENDA DATE:
December 17, 2015
DEPARTMENT:
Employee Benefits
DIRECTOR:
Christine Fitzgerald
AGENDA SUMMARY A Resolution authorizing the Mayor to execute an agreement with
WageWorks, Inc. to provide administration services for the City-sponsored Flexible
Spending Account (FSA) and Health Reimbursement Account (HRA) for City employees, at a
projected annual cost of $105,000.00.
COUNCIL DISTRICT(S) AFFECTED: All
BACKGROUND: Due to the forthcoming expiration of the City's agreement, proposals were
requested for FSA and HRA administration services, and a total of seven proposals were
received. An evaluation committee reviewed and scored the proposals and researched
website demonstrations. The employee committee chose WageWorks, Inc. as the most
responsive to the RFP. WageWorks is the incumbent vendor and proposed a discount to
their current fee by $0.25.
OPTIONS: Approve recommendation or reissue request for proposals
RECOMMENDATION: Approve recommendation
ESTIMATED PROJECT SCHEDULE: Agreement would become effective January 1, 2016,
and would be effective for three years with two one-year options to renew
PRIOR ACTION/REVIEW: WageWorks has been the City’s vendor since approved on
October 23, 2007
FISCAL INFORMATION: The contract cost is $3.50 per month per each FSA account and
each HRA account for the term of the contract. This is $0.25 less than the current rate.
Projected total annual cost for administration $105,000. Funds are budgeted under 70521260-8399.
ATTACHMENTS:

Resolution - WageWorks C-16-0081

WageWorks C-16-0081 FINAL
Updated: 12/11/2015 9:52 AM
(DOCX)
(DOCX)
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RESOLUTION
A RESOLUTION OF THE COUNCIL
OF THE CITY OF KNOXVILLE
AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH
WAGEWORKS, INC. TO PROVIDE
ADMINISTRATION SERVICES FOR
THE CITY-SPONSORED FLEXIBLE
SPENDING
ACCOUNT
AND
HEALTH
REIMBURSEMENT
ACCOUNT FOR CITY EMPLOYEES,
AT A PROJECTED ANNUAL COST
OF $105,000.00.
RESOLUTION NO: _________________
REQUESTED BY: Employee Benefits______
PREPARED BY: Law__________________
APPROVED: ________________________
MEASURE: _________________________
WHEREAS, due to the forthcoming expiration of the City of Knoxville’s agreement, the
City’s Purchasing Agent requested proposals for provision of Flexible Spending Account
(“FSA”) and Health Reimbursement Account (“HRA”) administration services; and
WHEREAS, WageWorks, Inc. (“WageWorks”) submitted the most responsive and
most qualified proposal, and has the necessary expertise and experience to provide such
administration services, as determined by a City evaluation committee; and
WHEREAS, WageWorks is the incumbent vendor and proposed a discount to its
previous price by $0.25 per employee per month; and
WHEREAS, the projected total annual cost for this administration is decreasing to
$105,000.00; and
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Attachment: Resolution - WageWorks C-16-0081 (3908 : FSA/HRA)
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WHEREAS, the City of Knoxville desires to enter into an agreement with
WageWorks to provide FSA and HRA administration services.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF KNOXVILLE:
SECTION 1: The Mayor is authorized to execute an agreement with WageWorks, Inc., in
sponsored Flexible Spending Account and Health Reimbursement Spending Account benefit for
City employees at an annual projected cost of $105,000.00.
SECTION 2: This Resolution will take effect from and after its passage, the welfare of the
City requiring it.
___________________________________
_______________________________
Recorder
R:\DLyon\Resolutions\Benefits\WageWorks C-16-0081.docx
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Attachment: Resolution - WageWorks C-16-0081 (3908 : FSA/HRA)
substantially the form attached hereto, for the provision of administration services for the City-
11.c.b
DEVIN P. LYON
Attorney
City of Knoxville
Document No. C-16-0081
AGREEMENT
THIS AGREEMENT (“Agreement”) is made between the CITY OF KNOXVILLE, a
municipal corporation organized and existing under the laws of the State of Tennessee (“CITY”),
and WAGEWORKS, INC., 1100 Park Place, San Mateo, CA 94403 (“CONTRACTOR”).
A.
The Purchasing Agent for the City of Knoxville requested proposals for provision of
Flexible Spending Account (“FSA”) and Health Reimbursement Account (“HRA”)
administration services.
B.
The Contractor submitted the most responsive, most qualified proposal as
determined by a City evaluation committee.
C.
The Contractor has the necessary expertise and experience to provide administrative
services for the City-sponsored FSA and HRA benefits, and the Office of Employee
Benefits recommends that the contract be awarded to it.
D.
The City of Knoxville desires to enter into an agreement with Contractor to provide
FSA and HRA administrative services.
E.
Knoxville City Council, by Resolution R-_______-2015, approved this Agreement
on December 17, 2015.
NOW, THEREFORE, the City and the Contractor, for the mutual promises and
considerations stated herein, agree as follows.
ARTICLE 1.
BASIC AGREEMENTS
1.1
CONTRACT DOCUMENTS. The executed Contract Documents will consist of the
following:
(A)
(B)
(C)
This Agreement;
Request for Proposals and Addenda 1, 2, 3, and 4 thereto, attached as
collective Exhibit A; and
Contractor’s Proposal dated August 18, 2015, attached as Exhibit B.
All Contract Documents are incorporated herein by reference and made a part of this
Agreement as if they were fully set out verbatim. To the extent that there is a conflict
between the terms of any of the documents that constitute this Agreement, the terms of this
Agreement will control.
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Attachment: WageWorks C-16-0081 FINAL (3908 : FSA/HRA)
RECITALS
11.c.b
1.2
SCOPE OF SERVICES. Contractor will provide, in a satisfactory manner, all administration
and related goods and services necessary to implement the City’s FSA and HRA employee
benefits program in accordance with the Contract Documents (“Services”). Contractor will
provide said Services in strict compliance with highest applicable professional standards and
the terms of this Agreement.
1.3
MAINTENANCE. Contractor reserves the right to perform routine system (both web and
IVR) maintenance during off hours (between 9:00 p.m. and 5:00 a.m. EST). The
maintenance normally requires no more than 2 hours per day or 1 weekend per month.
1.4
CITY RESPONSIBILITIES.
1.4.1
RESPONSIBILITIES. The City, as plan administrator and claims fiduciary, will be
responsible for establishing and maintaining the employee benefit plans (“Plans”),
including, without limitation, the following:
A. Determining employees who are eligible to participate in the Plans that are the
subject of the Services and providing Contractor with accurate and complete
initial enrollment and eligibility data in the prescribed electronic data file
format;
B. Delivering accurate and timely updates to Contractor regarding employees’
information, including, without limitation, participant enrollment and eligibility
data, and additions and deletions of Plan participants and dependents covered
by a particular Service such as information that modifies a participant’s
eligibility, status or election under the Plans, leaves of absence and
terminations, in the format, medium, and timeframe further described in the
Contract Documents;
C. The accuracy and completeness of all data provided to Contractor;
D. Establishing, deploying, and maintaining its own policies and procedures
regarding which of its personnel may access the Contractor site;
E. Drafting, adopting, communicating, and transmitting Plan documents, policies,
and procedures to its employees, including, without limitation, distributing
summary plan descriptions, summaries of material modifications and any other
plan documentation to participants on a timely basis;
F. Providing Contractor with a complete copy of all summary plan descriptions
and plan documents for its reference in connection with the provision of
Services;
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Notwithstanding any other provision to the alternative in the Contract Documents,
Contractor will provide, without fee or other charge, Account Activity Reports on demand
for custom date ranges as requested by the City.
11.c.b
G. Ensuring that the City’s medical plan carriers and/or payroll data processor
provide timely, accurate and complete data files in the format, medium, and
timeframe further described in the Contract Documents;
H. Correcting all known errors in any data, files, or other materials provided to
Contractor by the City or on its behalf by its third party service providers (e.g.,
carriers); Contractor does not audit data, files, or other information provided
by the City or its third party service providers;
J. With regard to the FSA Plan, providing participants with any required
information if the City elects to offer Carryover under its Plan;
K. Providing participants with any required information if the City elects to offer
Run-Out under its Plan, which is the period after the close of a Plan year
during which a participant may submit claims for eligible expenses incurred
during the immediately preceding Plan year;
L. As claims fiduciary, process the second level and/or any final appeal of any
claim for benefits;
M. Manage access to the employer portal of Contractor’s website by City
personnel based upon the City’s internal confidentiality and HIPAA privacy
policies and procedures; and
N. Complying with all applicable laws with respect to the City Plans and making
any required filings with the appropriate governmental agencies, including the
DOL and the IRS.
1.4.2
1.5
CITY AS PLAN ADMINISTRATOR AND FIDUCIARY. With respect to all
Plans and programs for which Services are provided hereunder, the City
acknowledges and agrees that it is the “plan administrator” and “fiduciary” to the
extent established in the plan documents and by law.
TERM. This Agreement will begin on January 1, 2016, and end on December 31, 2018,
unless earlier terminated pursuant to the provisions of this Agreement. This Agreement may
be extended for 2 additional 1-year terms, under the same terms and conditions of this
Agreement, with the exception that the Contract Price referred to in Section 1.5 may be
increased as specified in Section 1.5. Any extension to this Agreement must be in writing and
approved by the City and Contractor. Under no circumstances will the term of this
Agreement exceed 5 years.
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I. Pursuant to Section 1.9 below, provide all funding required to cover all
payments (e.g., FSA and HRA claim reimbursements, payment requests, and
card transactions) made under the Plans; the City has the sole responsibility
and obligation to provide Contractor with all required funding;
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CONTRACT PRICE. During the term of this Agreement, the City agrees to pay Contractor
a Monthly Fee for the Services performed under this Agreement. This Monthly Fee will be
comprised of the following service charges.
a.
The City will pay $3.50 per employee per month for each active health care FSA
account and/or active dependent care FSA account. Contractor will only charge one
fee per employee per month if an employee is enrolled in both an active health care
FSA and an active dependent care FSA.
b.
The City will pay $3.50 per employee per month if the employee has an active HRA
account.
c.
While Contractor will e-mail an end-of-year balance reminder to all FSA and HRA
employee participants at no additional charge to the City, if the City desires the
Contractor to send participants any additional customized communications by mail,
there will be a fee of $1.00 per address per month.
Other than for funding and as elsewhere provided for in this Agreement, Contractor will not
invoice, and the City will not be liable for, any other fees or charges other than the Monthly
Fee.
1.7
INVOICES. Contractor will invoice the City at the end of each month pursuant to the
Monthly Fee established in Section 1.6 of this Agreement for Services rendered pursuant to
this Agreement.
1.8
NOTICES. Invoices, communications, and details relating to day-to-day Services under this
Agreement will be directed to the following representatives:
City of Knoxville
Contractor
Boyce Evans
City of Knoxville Purchasing Agent
P.O. Box 1631
Knoxville, Tennessee 37901-1631
(865) 215-2070
[email protected]
Mary Wallery, CFC
WageWorks, Inc.
1100 Park Place
San Mateo, California 94403
(480) 291-9075
[email protected]
and
Christine Fitzgerald, Benefits Manager
City of Knoxville
P.O. Box 1631
Knoxville, Tennessee 37901-1631
(865) 215-2111
[email protected]
.
Copies of all notices sent by the City, other than communications relating to the day-to-day
Services (such as legal notices) shall also be sent to:
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General Counsel
WageWorks, Inc.
1100 Park Place
San Mateo, California 94403
PAYMENTS AND BENEFIT FUNDING.
1.9.1
PAYMENTS OF MONTHLY FEES. The City agrees to receive electronic
invoices for the Monthly Fee, and payments of undisputed Monthly Fees will be
made within 30 days after the date of each undisputed portion of the invoice. The
City will pay by City-initiated ACH, electronic funds transfer, or wire to an account
designated by Contractor or by a Contractor-initiated ACH debit. The Contractor
will notify City of insufficient funding in the designated account to process the full
payment of a Monthly Fee, and the City will provide the balance of any undisputed
Monthly Fee to Contractor within five business days via electronic funds transfer.
While it is agreed that the City is generally exempt from sales taxes, if sales taxes
are incurred by Contractor, the City will be responsible for any sales taxes that are
incurred by Contractor as a result of performing the Services described herein and
such actual amounts will be included in the invoice provided to the City. All
services not set forth in this Agreement may be subject to additional fees (e.g.
additional services required as a result of legislative changes, correction services,
customization, etc.).
1.9.2
LATE PAYMENTS AND DIPSUTED FEES. A service charge of 2% per
month shall be applied to any overdue amount. With regard to any disputed
Monthly Fees, the City must submit written notice to Contractor and supporting
documentation regarding any portion of the Monthly Fee it disputes within 30 days
from the date of the invoice. Contractor will provide a written response within 30
days of the notice of dispute. Upon resolution of the dispute, the City will pay all
outstanding amounts agreed to, if any, within 5 business days of such resolution.
Payment for Services rendered does not indicate the City’s acceptance of such
Services as being fully in accord with all the provisions of this Agreement. The City
will not withhold payment on undisputed portions of any invoice.
1.9.3
BENEFIT CLAIMS FUNDING. The City acknowledges and agrees that all
benefit funding amounts provided to Contractor pursuant to the terms of this
Agreement will be provided from the City’s general assets. In no event will the City
provide funds to Contractor that consist of plan assets or participant/employee
contributions, whether made by salary reduction or otherwise. All benefit funding
amounts provided by the City to Contractor will not be segregated or set aside in a
trust or escrow account by Contractor. Upon termination of this Agreement,
Contractor will provide an accounting and reconciliation to the City and will pay to
the City any amount due.
1.9.4
ONGOING FUNDING. Each day by 9:00 a.m. EST, Contractor shall notify the
City via e-mail that an on-line report that contains the prior day’s Plan transaction
history is available for download by the City via Contractor’s website. The City
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Daily Funding Report
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
1.9.5
Notice Date
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Payment Due Date
Wednesday
Wednesday
Thursday
Friday
Monday
Tuesday
Tuesday
RECONCILIATION. At the completion of each Plan year, the remaining funding
shall be reconciled and returned to the City (less any amounts owed to Contractor
that are not the subject of a disputed portion of an invoice) as soon as
administratively practicable, but in no event later than 90 days after the completion
of any Run-Out Period and any ancillary manual claims settlement.
ARTICLE 2.
TERMINATION
2.1
CITY’S RIGHT OF TERMINATION. The City may terminate this Agreement at any time
without penalty or recourse by giving written notice to the Contractor at least 7 days before
the effective termination date. The Contractor will be entitled to receive just compensation
for all satisfactory, authorized services completed prior to the effective termination date.
The City reserves the right to suspend or terminate this Agreement immediately and
withhold Monthly Fees in excess of just compensation for completed services if Contractor
(i) fails to properly perform its obligations under this Agreement, or (ii) violates any material
provision of this Agreement. Furthermore, the City may declare Contractor ineligible for any
further participation in City contracts. If the City has probable cause to believe that
Contractor is in non-compliance with any material provision of this Agreement, the City may
withhold Monthly Fees until the City finds Contractor to be in compliance, or until
Contractor is otherwise adjudicated to be in compliance.
2.2
hereby authorizes Contractor (or its delegate bank) to initiate an ACH debit against
the City’s direct deposit account so that the amount due is received by Contractor
by the Payment Due Date set forth in the schedule below (or the following
business day if either the Notice Date or the Payment Due Date falls on a bank
holiday).
CONTRACTOR’S RIGHT OF TERMINATION. Contractor may terminate this Agreement
by giving written notice to the City at least 30 days before the effective termination date. If
Contractor terminates this Agreement, provided the City continues to pay all amounts due
under this Agreement up to the effective termination date, Contractor must complete all
work in progress prior to the effective termination date or be held liable to the City for all
costs, expenses, and damages that the City sustains as a result of Contractor’s breach.
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2.3
EFFECT OF TERMINATION. Upon Contractor’s termination of this Agreement pursuant
to Section 2.2 of this Agreement, Contractor will notify the City of the date on which all
Services will cease. At that time, all rights and licenses granted hereunder to use the
Contractor System (including, without limitation Contractor software and/or user manuals,
training materials, and other written materials that relate to the services provided hereunder)
will immediately terminate.
The Contractor shall defend, indemnify and hold harmless the City, its officers, employees
and agents from any and all liabilities which may accrue against the City, its officers, employees and
agents or any third party for any and all lawsuits, claims, demands, losses or damages alleged to have
arisen from (i) a breach by Contractor of its obligations hereunder; (ii) negligence or willful
misconduct of Contractor or its employees, officers or agents; (iii) failure of Contractor to comply
with applicable law except if such act or omission taken by Contractor is pursuant to City’s specific
written instructions and differs from the standard manner in which Contractor performs the
Services; or (iv) claims in which City is named or joined with the Contractor arising out of acts or
omissions by the Contractor in the performance of this Agreement. City will promptly notify the
Contractor of any claim. The Contractor shall assume and have sole control of the defense of such
claim; provided, however, that Contractor may not settle any claim without the prior written consent
of the City if such settlement exposes the City to any liability.
The Contractor shall save, indemnify and hold the City harmless from the cost of the
defense of any claim, demand, suit or cause of action made or brought against the City alleging
liability referenced above, including, but not limited to, costs, fees, attorney fees, and other expenses
of any kind whatsoever arising in connection with the defense of the City; and the Contractor shall
assume and take over the defense of the City in any such claim, demand, suit, or cause of action
upon written notice and demand for same by the City. The Contractor will have the right to defend
the City with counsel of its choice that is reasonably satisfactory to the City, and the City will
provide reasonable cooperation in the defense as the Contractor may request. The City shall have
the right to participate in the defense against the indemnified claims with counsel of its choice at its
own expense.
The Contractor shall save, indemnify and hold City harmless and pay judgments that shall be
rendered in any such actions, suits, claims or demands against City alleging liability referenced above.
ARTICLE 3.
HOLD HARMLESS AND INDEMNIFICATION
The indemnification and hold harmless provisions of this Agreement shall survive
termination of the Agreement.
ARTICLE 4.
WARRANTY AND LIABILITY
THE SOFTWARE PROVIDED PURSUANT TO THIS AGREEMENT IS PROVIDED “AS IS”
WITHOUT ANY FURTHER WARRANTY OF ANY KIND (EXPRESS OR IMPLIED)
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH
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WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. CONTRACTOR WILL NOT BE
RESPONSIBLE FOR (A) THE FAILURE OF CITY TO ACCESS THE SOFTWARE
PROVIDED HEREUNDER DUE TO ANY FAILURE OR INABILITY TO ACCESS THE
INTERNET, PUBLIC COMMUNICATIONS FACILITIES, OR OTHER PUBLIC UTILITIES,
OR (B) FOR ACTS OR OMISSIONS OF ANY VENDOR OR MERCHANT.
ARTICLE 5.
INSURANCE
1.
Commercial General and Umbrella Liability Insurance; occurrence version commercial
general liability insurance, and if necessary umbrella liability insurance, with a limit of not less
than $2,000,000 each occurrence for bodily injury, personal injury, property damage, and
products and completed operations. If such insurance contains a general aggregate limit, it
shall apply separately to the work/location in this Agreement or be no less than $3,000,000.
Such insurance shall:
2.
a.
Contain or be endorsed to contain a provision that includes the City, its officials,
officers, employees, and volunteers as additional insureds with respect to liability
arising out of work or operations performed by or on behalf of the Contractor
including materials, parts, or equipment furnished in connection with such work or
operations. The coverage shall contain no special limitations on the scope of its
protection afforded to the above-listed insureds. Proof of additional insured status
up to and including copies of endorsements and/or policy wording will be required.
b.
For any claims related to this project, Contractor’s insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance programs covering the City, its officials,
officers, employees, and volunteers shall be excess of Contractor’s insurance and
shall not contribute with it.
Contractor shall at its sole expense obtain and maintain in full force and effect for the
duration of the Agreement and any extension hereof at least the following types and amounts of
insurance for claims which may arise from or in connection with this Agreement. All insurance must
be underwritten by insurers with an A.M. Best rating of A-VIII or better.
Automobile Liability Insurance; including vehicles, as applicable, owned, hired, and nonowned, with a combined single limit of not less than $1,000,000 each accident. Such
insurance shall include coverage for loading and unloading hazards if applicable. Insurance
shall contain or be endorsed to contain a provision that includes the City, its officials,
officers, employees, and volunteers as additional insureds with respect to liability arising out
of automobiles owned, leased, hired, or borrowed by or on behalf of Contractor.
3.
Workers’ Compensation Insurance. Contractor shall maintain workers’ compensation
insurance with statutory limits as required by the State of Tennessee or other applicable laws
and employers’ liability insurance with limits of not less than $500,000. Contractor shall
require each of its subcontractors to provide Workers’ Compensation for all of the latter’s
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employees to be engaged in such work unless such employees are covered by Contractor’s
workers’ compensation insurance coverage.
Other Insurance Requirements. Contractor shall:
a.
Prior to commencement of services, furnish the City with original certificates and
amendatory endorsements effecting coverage required by this section. Contractor
will provide written notice to the City immediately upon becoming aware of any
lapses in the insurance coverages required by this Agreement, of any material
reduction in coverage, and of any change in terms that negatively and materially
impact the insurance coverage for goods or services under this Agreement. Notices
will be sent to: City Attorney of Knoxville, P.O. Box 1631, Knoxville, Tennessee
37901. Proof of policy provisions regarding notice of cancellation will be required.
b.
Upon the City’s request, provide certified copies of endorsements in lieu of or in
addition to certificates of insurance.
c.
Replace certificates, policies, and endorsements for any such insurance expiring prior
to completion of services.
d.
Maintain such insurance from the time services commence until services are
completed. Failure to maintain or renew coverage or to provide evidence of renewal
may be treated by the City as a material breach of contract.
e.
If Contractor cannot procure insurance through an insurer having an A.M. Best
rating of A-VIII, Contractor may, in the alternative, place such insurance with
insurer licensed to do business in Tennessee and having A.M. Best Company ratings
of no less than A. Modification of this standard may be considered upon appeal to
the City Law Director.
f.
Contractor’s Insurance shall cover any subcontractors or, in the alternative,
Contractor will require all subcontractors to maintain during the term of the
Agreement Commercial General Liability insurance, Business Automobile Liability
insurance, and Workers’ Compensation/Employer’s Liability insurance (unless
subcontractor’s employees are covered by Contractor’s insurance) in the same
manner as specified for Contractor. Contractor shall furnish subcontractors’
certificates of insurance to the City without expense immediately upon request.
4.
Waiver of Subrogation Required. The insurer shall agree to waive all rights of subrogation
against the City, its officers, officials, and employees for losses arising from work performed
by Contractor for the City. Proof of waiver of subrogation up to and including copies of
endorsements and/or policy wording will be required.
Occurrence Basis Requirement. All general liability policies must be written on an
occurrence basis unless the Risk Manager determines that a claims made basis is reasonable
in the specific circumstance. Use of policies written on a claims made basis must provide
retroactive dates and/or continuation dates and must be provided to the City as soon as
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practicable. Professional Liability and Environmental Liability (Pollution Coverage) are most
commonly written on a claims made basis and are generally acceptable in that form.
ARTICLE 6.
NON-DISCRIMINATION
A.
Will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, age, disability, familial status or national origin;
B.
Will ensure that applicants are employed, and that employees are treated during employment,
without regard to race, color, religion, sex, age, disability or familial status or national origin;
C.
Will in all solicitations or advertisements for employees placed by or on behalf of itself, state
that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, age, disability, familial status or national origin or similar language; and
D.
Will include these provisions or similar language in every subcontract or sublease let by or
for it.
ARTICLE 7.
ETHICAL STANDARDS
The Contractor hereby takes notice of and affirms that it is not in violation of, or has not
participated, and will not participate, in the violation of any of the following ethical standards
prescribed by the Knoxville City Code:
(A)
Sec. 2-1048. Conflict of Interest.
It shall be unlawful for any employee of the city to participate, directly or indirectly,
through decision, approval, disapproval, recommendation, preparation of any part of a
purchase request, influencing the content of any specification or purchase standard,
rendering advice, investigation, auditing or otherwise, in any proceeding or application,
request for ruling or other determination, claim or controversy or other matter pertaining to
any contract or subcontract and any solicitation or proposal therefor, where to the
employee's knowledge there is a financial interest possessed by:
(1)
(B)
The Contractor hereby agrees that it:
The employee or the employee's immediate family;
(2)
A business other than a public agency in which the employee or a member of
the employee's immediate family serves as an officer, director, trustee, partner or
employee; or
(3)
Any other person or business with whom the employee or a member of the
employee's immediate family is negotiating or has an arrangement concerning
prospective employment.
Sec. 2-1049. Receipt of Benefits from City Contracts by Councilmembers, Employees and Officers of the
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City.
It shall be unlawful for any member of council, member of the board of education,
officer or employee of the city to have or hold any interest in the profits or emoluments of
any contract, job, work or service, either by himself or by another, directly or indirectly. Any
such contract for a job, work or service for the city in which any member of council,
member of the board of education, officer or employee has or holds any such interest is
void.
Sec. 2-1050. Gratuities and Kickbacks Prohibited.
Gratuities. It is unlawful for any person to offer, give or agree to give to any person,
while a city employee, or for any person, while a city employee, to solicit, demand, accept or
agree to accept from another person, anything of a pecuniary value for or because of:
(1)
An official action taken, or to be taken, or which could be taken;
(2)
A legal duty performed, or to be performed, or which could be performed;
or
(3)
A legal duty violated, or to be violated, or which could be violated by such
person while a city employee.
Anything of nominal value shall be presumed not to constitute a gratuity under this section.
Kickbacks. It is unlawful for any payment, gratuity or benefit to be made by or on
behalf of a subcontractor or any person associated therewith as an inducement for the award
of a subcontract or order.
(D)
Sec. 2-1051. Covenant Relating to Contingent Fees.
(a)
Representation of Contractor. Every person, before being awarded a contract in excess of
ten thousand dollars ($10,000.00) with the city, shall represent that no other person has been
retained to solicit or secure the contract with the city upon an agreement or understanding
for a commission, percentage, brokerage or contingent fee, except for bona fide employees
or bona fide established commercial, selling agencies maintained by the person so
representing for the purpose of securing business.
(C)
(b)
Intentional violation unlawful. The intentional violation of the representation specified in
subsection (a) of this section is unlawful.
(E)
Sec. 2-1052.
Restrictions on Employment of Present and Former City Employees.
Contemporaneous employment prohibited. It shall be unlawful for any city employee to
become or be, while such employee, an employee of any party contracting with the particular
department or agency in which the person is employed.
For violations of the ethical standards outlined in the Knoxville City Code, the City has the
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following remedies:
(1)
(2)
(3)
Suspension or debarment from being a Contractor or subcontractor under city or cityfunded contracts.
ARTICLE 8.
ADA COMPLIANCE
With regard to the services performed under this Agreement, Contractor will comply with all
applicable requirements of the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (“ADA”).
Contractor agrees that it will defend, indemnify and hold the City harmless against any and all
claims, demands, suits or causes of action which arise out of any negligent and/or intentional act or
omission by Contractor, its employees, agents or representatives that violates the ADA. Contractor
agrees that the City will not be responsible for any costs or expenses arising from Contractor’s
failure to comply with the ADA.
ARTICLE 9.
MISCELLANEOUS PROVISIONS
9.1
INDEPENDENT CONTRACTOR. The Contractor shall perform all obligations under this
Agreement as an independent contractor; neither it nor its employees shall be considered
employees, partners or agents of the City, nor shall it or its employees be entitled to any
benefits, insurance, pension, or workers’ compensation as an employee of the City.
9.2
ASSIGNMENT. The Contractor shall not assign or transfer any interest in this Agreement
without obtaining the prior written approval of the City.
9.3
SUBCONTRACTS TO THE AGREEMENT. The Contractor utilizes subcontractors to
perform certain Services. Contractor shall be liable for the acts or omissions of its
subcontractors.
9.4
WRITTEN AMENDMENTS. This Agreement may be modified only by a written
amendment or addendum that has been executed and approved by the appropriate officials
shown on the signature page of this Agreement.
9.5
REQUIRED APPROVALS. Neither the Contractor nor the City is bound by this
Agreement until it is approved by the appropriate officials shown on the signature page of
this Agreement.
The value of anything transferred in violation of these ethical standards shall be recoverable by the
City from such person. All procedures under this section shall be in accord with due process
requirements, included but not limited to a right to notice and hearing prior to imposition of any
cancellation, suspension or debarment from being a Contractor or subcontractor under a city
contract.
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9.6
ARTICLE CAPTIONS. The captions appearing in this Agreement are for convenience only
and are not a part of this Agreement; they do not in any way limit or amplify the provisions
of this Agreement.
9.7
SEVERABILITY. If any provision of this Agreement is determined to be unenforceable or
invalid, such determination shall not affect the validity of the other provisions contained in
this Agreement. Failure to enforce any provision of this Agreement does not affect the rights
of the parties to enforce such provision in another circumstance, nor does it affect the rights
of the parties to enforce any other provision of this Agreement at any time.
9.8
FEDERAL, STATE, AND LOCAL REQUIREMENTS. The Contractor is responsible for
full compliance with all applicable federal, state, and local laws, rules and regulations.
9.9
NO BENEFIT FOR THIRD PARTIES. The services to be performed by the Contractor
pursuant to this agreement with the City are intended solely for the benefit of the City, and
no benefit is conferred hereby, nor is any contractual relationship established herewith, upon
or with any person or entity not a party to this Agreement. No such person or entity shall be
entitled to rely on the Contractor’s performance of its services hereunder, and no right to
assert a claim against the City or the Contractor, its officers, employees, agents or
contractors shall accrue to the Contractor or to any subcontractors, independently retained
professional consultant, supplier, fabricator, manufacturer, lender, tenant, insurer, surety or
any other third party as a result of this Agreement or the performance or non-performance
of the Contractor’s services hereunder.
9.10
NON-RELIANCE OF PARTIES. Parties explicitly agree that they have not relied upon any
earlier or outside representations other than what has been included in this Agreement.
Furthermore, neither party has been induced to enter into this Agreement by anything other
than the specific written terms set forth herein.
9.11
FORCE MAJEURE. Neither party shall be liable to the other for any delay or failure to
perform any of the services or obligations set forth in this Agreement due to causes beyond
its reasonable control, and performance times shall be considered extended for a period of
time equivalent to the time lost because of such delay plus a reasonable period of time to
allow the parties to recommence performance of their respective obligations hereunder.
Should a circumstance of force majeure last more than ninety (90) days, either party may by
written notice to the other terminate this Agreement. The term “force majeure” as used
herein shall mean the following: acts of God; strikes, lockouts or other industrial
disturbances; acts of public enemies; orders or restraints of any kind of the government of
the United States or of the State or any of their departments, agencies or officials, or any
civil or military authority; insurrections, riots, landslides, earthquakes, fires, storms,
tornadoes, droughts, floods, explosions, breakage or accident to machinery, transmission
pipes or canals; or any other cause or event not reasonably within the control of either party.
9.12
INTELLECTUAL PROPERTY. Contractor owns and will retain all right, title, and interest
(including, without limitation, all intellectual property rights) in and to all software, web
pages, documents, processes, and other information, equipment, and materials used in
connection with the provision of Services hereunder, including, without limitation, those
11.c.b
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developed by Contractor for use by the City and Plan participants and beneficiaries (the
“Contractor System”).
Without limiting the generality of the foregoing, the City may not, unless it receives a valid
request for records pursuant to the Tennessee Open Records Act (a) without Contractor’s
prior written consent, disclose or provide access to the Contractor System to any third
parties, or (b) duplicate the Contractor System (or any associated materials) or use the same
in connection with any other benefits program (including City programs). Unless prohibited
by City Code, the City will, at its expense, return, erase, or otherwise destroy all materials in
the City’s possession and may not use such materials following the termination of this
Agreement.
All other rights, license and title in and to the Contractor System not expressly granted
hereunder shall remain the property of Contractor.
9.13
CONFIDENTIALITY AND PRIVACY. Each party acknowledges that performance of
this Agreement may involve access to and disclosure of Confidential Information belonging
to the other. “Confidential Information” means any non-public confidential or proprietary
information, including, without limitation, business and financial information; policies and
procedures; operations; customer and potential customer names; suppliers and vendor
names; trade secrets; trade dress; patent applications; inventions disclosures; and, with
respect to Plan participants and beneficiaries, personal identification information (such as
addresses and social security numbers). Confidential Information does not, however, include
any information that: (a) was publicly available or released to the public domain at any time
prior to disclosure by one party, (b) becomes publicly known or generally available after
disclosure by one party through no wrongful action or inaction of the other party, (c)
information that is in the party’s possession or known by the party at any time prior to the
time of disclosure; (d) is rightfully disclosed to the party by a third party without similar
restriction, (e) is independently developed by the party without use of the other party’s
Confidential Information; or (f) is required to be disclosed by law, regulation, or court order.
Contractor grants the City and Plan participants and beneficiaries a limited, non-exclusive,
non-transferable license to access and use the Contractor System during the Term of this
Agreement, solely and exclusively (a) in accordance with this Agreement and any
instructions, user guides, and policies made available by Contractor; and (b) for the purpose
of receiving the Services provided by Contractor under and in accordance with this
Agreement.
To the extent permitted by law, no Confidential Information will be disclosed to any third
party other than representatives of such party who have a need to know such Confidential
Information, provided that such representatives are informed of the confidentiality
provisions hereof and agree to abide by them. All such Confidential Information must be
maintained in strict confidence. In addition, each party will maintain the confidentiality of
medical records as required by law. If a party is required by law to disclose Confidential
Information, the disclosing party will immediately notify the other party in writing,
describing the circumstances of and the extent of the disclosure. Upon termination of the
Agreement, each party, upon the request of the other, will return or destroy all copies of all
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In addition to the prior provisions of this Section, any personally identifiable information
(e.g., name, address, age, and social security number) collected or obtained by Contractor in
the course of performing its Services under this Agreement (the “Privacy Restricted Data”)
will be collected, stored, maintained, accessed, used and disclosed in accordance with all
applicable federal, state, and local privacy laws governing the collection, storage,
maintenance, access, use, or disclosure of such personally identifiable information (the
“Privacy Laws”). Contractor will at all times perform its obligations under this Agreement as
not to cause the City to be in violation of the Privacy Laws. Contractor will be fully
responsible for any collection, access, use, and disclosure of Privacy Restricted Data that are
based on its actions or inactions that are in violation of any Privacy Laws. Contractor will
notify the City as soon as administratively practicable of any breaches of security that may
result or may have resulted in the unauthorized collection, access, use, or disclosure of
Privacy Restricted Data that is or may be in violation of any Privacy Laws. Contractor will
make all reasonable efforts to assist the City in relation to the investigation and remedy of
any such breach of security and any claim, allegation, action, suit, proceeding, or litigation
with respect to the unauthorized collection, access, use, or disclosure of Privacy Restricted
Data that is in violation of any Privacy Law. Contractor will be responsible for the cost of
any violation of any Privacy Law with respect to the Privacy Restricted Data, including,
without limitation, remedial activity, notification of Plan participants and beneficiaries, and
fines and/or penalties.
9.14
RECORDS MAINTENANCE AND DISPOSITION. Contractor will have the right to
keep and archive records of information and data regarding the City and the Plan obtained in
connection with the provision of Services hereunder (collectively “Service Records”) for the
longer of what is required by applicable law or 7 years from the date such information is
received by Contractor. Subject to any confidentiality obligations that may apply, the City
may request that a copy of the applicable Service Records be provided to the City (or to a
third party designated by the City in writing), provided that Contractor may retain copies of
any Service Records it deems necessary for the defense of litigation concerning the Services
it provided under the Agreement.
9.15
EEO/AA. The City of Knoxville is an EEO/AA/Title VI/Section 504/ ADA/ADEA
Employer.
9.16
GOVERNING LAW AND VENUE. This Agreement shall be governed and construed in
accordance with the laws of the State of Tennessee. Any action for breach of this Agreement
or to enforce or nullify any provision of this agreement shall be instituted only in a court of
appropriate jurisdiction in Knox County, Tennessee.
9.17
ENTIRE AGREEMENT. This Agreement forms the entire Agreement between the City
and the Contractor. Any prior representations, promises, agreements, oral or otherwise,
of the other's Confidential Information in its possession or control except to the extent such
Confidential Information must be retained pursuant to applicable law, provided, however,
that Parties may retain copies of any such Confidential Information they deem necessary for
the purposes of pursuing or defending any litigation concerning the Services it provided
under the Agreement.
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11.c.b
between the parties, which are not embodied in this writing, shall be of no force or effect.
APPROVED AS TO FORM:
CITY OF KNOXVILLE
___________________________
CHARLES W. SWANSON
LAW DIRECTOR
BY: ________________________________
MADELINE ROGERO
MAYOR
DATE: _____________________________
FUNDS CERTIFIED:
_____________________________
JAMES YORK
FINANCE DIRECTOR
WAGEWORKS, INC.
BY: ________________________________
TITLE: ____________________________
Required Documents:
Certificate of Insurance
X
Documents to be Attached:
Request for Proposals and Addenda 1, 2, 3, and 4 thereto, collectively Exhibit A
Contractor’s Proposal, Exhibit B
IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement in
two (2) copies as of the below-written date.
F:\Agreements\2016\Benefits\WageWorks C-16-0081 FINAL.docx
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11.d
City Council
AGENDA DATE:
December 17, 2015
DEPARTMENT:
Employee Benefits
DIRECTOR:
Christine Fitzgerald
AGENDA SUMMARY A Resolution authorizing the Mayor to accept the proposal from
BlueRe for Stop Loss insurance for the City of Knoxville’s Self-Insured Medical Plan and
Prescription Drug Plan.
COUNCIL DISTRICT(S) AFFECTED: All
BACKGROUND: The City is self-funded for medical insurance and contracts with Willis of
Tennessee to act as a consultant for employee benefits. Stop Loss coverage insures the City
from catastrophic medical losses in the City’s Health Plan. Our current contract provides a
Specific Deductible of $250,000 for any individual plan member with an aggregate specific
of $100,000 and also includes Aggregate Stop Loss Coverage which caps the City’s total
medical and prescription drug claims liability for one year. For 2016, Willis requested
proposals from vendors and recommends BlueRe as the most cost-effective and responsive
to the needs of the City as well as a decrease in premiums based on our current coverage
levels.
OPTIONS: Approve the agreement or refer for alternative proposals
RECOMMENDATION: Approve the agreement
ESTIMATED PROJECT SCHEDULE: Contract would run from January 1, 2016, to
December 31, 2016.
PRIOR ACTION/REVIEW: The City entered into an agreement for Willis to market this
coverage for the City on July 1, 2015.
FISCAL INFORMATION: Premium is based on the number of employees in the medical
plan per month by plan type. The stop loss 2016 premium is estimated to be $359,492.00.
Funds are budgeted in 705.21261.8522.
ATTACHMENTS:

Stop Loss Insurance - BlueRe 2014

2016 Stop Loss Renewal Presentation_City of Knoxville (PDF)

City of Knoxville 2016 Stop Loss Application.pdf (PDF)

City of Knoxville Stop Loss Schedule 2016.pdf

COK Proposal_29621
Updated: 12/11/2015 1:31 PM
(DOCX)
(PDF)
(PDF)
Page 1
Packet Pg. 111
RESOLUTION
A RESOLUTION OF THE COUNCIL
OF THE CITY OF KNOXVILLE
AUTHORIZING THE MAYOR TO
ACCEPT THE PROPOSAL FROM
BlueRE
FOR
STOP
LOSS
INSURANCE FOR THE CITY OF
KNOXVILLE'S
SELF-INSURED
MEDICAL
PLAN
AND
PRESCRIPTION DRUG PLAN.
RESOLUTION NO: _________________
REQUESTED BY: Employee Benefits__
PREPARED BY: Law______________
APPROVED: ________________________
MEASURE: _________________________
WHEREAS, the City of Knoxville is self-funded for medical insurance and contracts
with Willis of Tennessee (“Willis”) to act as broker for the City’s Stop Loss Insurance
coverage; and
WHEREAS, the City, through Willis, requested proposals from vendors for Stop
Loss Insurance coverage for the calendar year 2016; and
WHEREAS, Willis recommended and the City determined that BlueRe submitted
the quotation and proposal that was most cost-effective and best conformed to the
Attachment: Stop Loss Insurance - BlueRe 2014 (4031 : 2016 Stop Loss)
11.d.a
specifications and needs of the City; and
WHEREAS, BlueRe offered a quotation for coverage for calendar year 2016 with a
Specific Stop Loss premium in the estimated amount of $333,176.00 and an Aggregate
Packet Pg. 112
11.d.a
premium in the estimated amount of $26,316.00, for a total estimated amount of
$359,492.00; and
WHEREAS, the City desires to accept the proposal submitted by BlueRe.
SECTION 1:
The Mayor is authorized to execute and deliver to BlueRe all
documents necessary to accept its quotation and proposal for Stop Loss Insurance for
calendar year 2016 through Willis of Tennessee with an estimated annual premium of
$359,492.00.
SECTION 2: This Resolution shall take effect from and after its passage, the
______________________________
______________________________
Recorder
R:\DLyon\Resolutions\Benefits\Stop Loss Insurance - BlueRe 2014.docx
Attachment: Stop Loss Insurance - BlueRe 2014 (4031 : 2016 Stop Loss)
CITY OF KNOXVILLE:
Packet Pg. 113
2016 STOP LOSS RENEWAL
November 17, 2015
Presented by:
Andy Rader, Senior Vice President, Practice Leader
Nicole Rioux, Client Services Leader
Megan Welch, Senior Client Manager
Attachment: 2016 Stop Loss Renewal Presentation_City of Knoxville (4031 : 2016 Stop Loss)
11.d.b
Packet Pg. 114
11.d.b
Specific Stop Loss Analysis
Average Incidence and Target Coverage Level
Employees:
Members/Contract:
Members:
1,452
2.15
3,117
95% Confidence Interval
Bin Range
>$49k
Benchmark Measure
2013 Actual
2014 Actual
2015 YTD
Average Incidence1
27
29
11
25
7.990
/
Low
High
1,000 mem
7
42
/
1,000 mem
4
34
>$59k
21
19
7
19
6.083
>$74k
13
12
3
13
4.175
/
1,000 mem
0
25
>$99k
9
6
3
8
2.540
/
1,000 mem
0
18
>124k
4
4
2
6
1.790
/
1,000 mem
0
14
>$149k
3
3
1
4
1.350
/
1,000 mem
0
11
>$174k
3
2
1
3
0.978
/
1,000 mem
0
9
>$199k
3
1
0
2
0.746
/
1,000 mem
0
8
>$224k
3
1
0
2
0.560
/
1,000 mem
0
6
>$249k
3
1
0
1
0.420
/
1,000 mem
0
5
>$299k
2
0
0
1
0.290
/
1,000 mem
0
4
>$349k
1
0
0
1
0.180
/
1,000 mem
0
3
>$500k
0
0
0
0
0.100
/
1,000 mem
0
2
Target Individual Specific Based on Group Size:
Minimum
Maximum
Mid-Point
1
$150,000
$350,000
$250,000
Average Incidence rounded to the nearest w hole claim ant
Disclaimer:
Incidence rates based on national averages and should be used only as a point of reference. All results are subject to unforeseen and random events and should, therefore, be interpreted as having a likely range of variability
from the estim ate.
City of Knoxville
1
Packet Pg. 115
11.d.b
ISL Limit
Agg Spec
2013
$200,000
$100,000
3
$306,211
$497,196
2014
$200,000
$100,000
1
$5,680
$525,643
2015 (claims thru 10/15)
$250,000
$100,000
0
$0
$381,541
Historical Stop Loss
# of Large Claims Reimbursement $ Stop Loss Premium Paid
2
Packet Pg. 116
11.d.b
January 2016 - Stop Loss Renewal & Alternate Options
HM Insurance
Current
Contract Provisions
Renewal
BlueRe
Voya
Option 1
Option 2
Specific Deductible Level
$250,000
$250,000
$250,000
Aggregating Specific Deductible Level
$100,000
$100,000
$100,000
Paid Contract Basis
24/12
24/12
24/12
Medical and Rx
Medical and Rx
Medical and Rx
Included
Included
Included
40%
40%
45%
Specific Lifetime Maximum
Unlimited
Unlimited
Unlimited
Specific Annual Maximum
Unlimited
Unlimited
Unlimited
$2,000,000
$2,000,000
$2,000,000
None
None
None
Coverage
No New Lasers at Renewal
Rate Cap
Aggregate Policy Year Maximum
Laser(s)
Preliminary or Firm
Quote Expiration Date
36/12
Firm
Firm
Firm
11/25/2015
11/30/2015
11/13/2015
Current
Revised Renewal
BlueRe
Voya
704
$10.43
$9.77
$8.86
$9.83
Family Specific Rate:
758
$27.09
$25.66
$28.40
$26.03
Aggregate Rate:
1462
$1.78
$1.78
$1.50
$1.60
Rates:
Individual Specific Rate:
Monthly Interface Fee
Total Annual Stop Loss Premium
$1,316
$1,316
$0
$1,316
$381,541
$362,958
$359,492
$363,673
-5.8%
-4.7%
Renewal
BlueRe
Voya
Percentage Increase
Aggregate Deductible Factors
Individual Aggregate Attachment Factor
Family Aggregate Attachment Factor
Maximum Annual Claim Liability
Aggregate Run In Limit
Maximum Potential Cost
-4.9%
Current
$525.80
$515.34
$509.86
$868.75
$1,261.92
$1,236.80
$1,249.70
$868.75
$15,920,383
$15,603,525
$15,674,568
$15,241,350
NA
NA
$0
$0
$16,301,924
$15,966,483
$16,034,060
$15,605,023
Notes:
"This summary is issued as a matter of information only. It does not amend, extend or alter the quotes offered by the insurance companies. Please refer to the actual quote from the insurance company for specific
coverage details and rates."
City of Knoxville
3
Packet Pg. 117
11.d.b
HM Insurance
Current
Contract Provisions
Renewal
HM Insurance
BlueRe
Voya
Option 1
Option 2
Option 3
$250,000
$275,000
$275,000
$275,000
$100,000
$100,000
$100,000
$100,000
Paid Contract Basis
24/12
36/12
24/12
24/12
Medical and Rx
Medical and Rx
Medical and Rx
Medical and Rx
Included
Included
Included
Included
40%
40%
40%
45%
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
$2,000,000
$2,000,000
$2,000,000
$2,000,000
None
None
None
None
Coverage
36/12
Rate Cap
Laser(s)
Preliminary or Firm
Firm
Firm
Firm
Firm
11/25/2015
11/25/2015
11/30/2015
11/13/2015
Rates:
Current
Renewal
HM Insurance
BlueRe
Voya
704
$10.43
$9.77
$8.57
$8.16
$8.93
758
$27.09
$25.66
$23.02
$26.45
$23.48
Aggregate Rate:
1462
$1.78
$1.78
$1.81
$1.50
$1.60
$1,316
$1,316
$1,316
$0
$1,316
$381,541
$362,958
$329,334
$335,841
$332,875
-13.7%
-12.0%
-12.8%
Renewal
HM Insurance
BlueRe
Voya
Percentage Increase
-4.9%
Current
$525.80
$515.34
$517.91
$510.04
$902.69
$1,261.92
$1,236.80
$1,242.99
$1,253.35
$902.69
$15,920,383
$15,603,525
$15,681,541
$15,709,290
$15,836,793
NA
NA
NA
$0
$0
$16,301,924
$15,966,483
$16,010,874
$16,045,130
$16,169,668
Notes:
"This summary is issued as a matter of information only. It does not amend, extend or alter the quotes offered by the insurance companies. Please refer to the actual quote from the insurance company for specific coverage
details and rates."
City of Knoxville
4
Packet Pg. 118
11.d.b
HM Insurance
Current
Contract Provisions
Renewal
HM Insurance
BlueRe
Voya
Option 1
Option 2
Option 3
$250,000
$225,000
$225,000
$225,000
$100,000
$100,000
$100,000
$100,000
36/12
24/12
24/12
Medical and Rx
Medical and Rx
Medical and Rx
Medical and Rx
Included
Included
Included
Included
Paid Contract Basis
24/12
Coverage
Rate Cap
Laser(s)
Preliminary or Firm
36/12
40%
40%
40%
45%
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
$2,000,000
$2,000,000
$2,000,000
$2,000,000
None
None
None
None
Firm
Firm
Firm
Firm
11/25/2015
11/25/2015
11/30/2015
11/13/2015
Renewal
HM Insurance
BlueRe
Voya
Current
Rates:
704
$10.43
$9.77
$11.38
$9.70
$12.86
758
$27.09
$25.66
$29.37
$30.71
$34.40
Aggregate Rate:
1462
$1.78
$1.78
$1.74
$1.50
$1.60
$1,316
$1,316
$1,316
$0
$1,316
$362,958
$409,604
$387,600
$465,404
7.4%
1.6%
22.0%
HM Insurance
BlueRe
Voya
$381,541
Percentage Increase
-4.9%
Current
Renewal
$525.80
$515.34
$512.24
$510.71
$880.35
$1,261.92
$1,236.80
$1,229.39
$1,248.53
$880.35
$15,920,383
$15,603,525
$15,509,935
$15,671,107
$15,444,860
NA
NA
NA
$0
$0
$16,301,924
$15,966,483
$15,919,539
$16,058,707
$15,910,264
Notes:
"This summary is issued as a matter of information only. It does not amend, extend or alter the quotes offered by the insurance companies. Please refer to the actual quote from the insurance company for specific coverage details and rates."
City of Knoxville
5
Packet Pg. 119
11.d.b
Ø
2016 Stop Loss Discussion
Highmark renewal at current $250k specific deductible with $100k aggregating specific is 5%
reduction to current ($19k)
Ø Increasing specific deductible to $275k with HM is a 14% decrease to current ($52k)
Ø
Competitive option from BlueRe at $250k specific deductible with $100k aggregating specific is
6% decrease to current ($22k)
Ø Increasing specific deductible to $275k with BlueRe is a 12% decrease to current ($46k)
Ø
Stop loss analysis shows 1 claimant expected between $250k and $300k
Ø At a $275k spec level, additional $25k risk per claimant
Ø COK expected net savings of $33k (HM renewal compared to $275k spec level quote)
Ø Break even point 1 claimant over $250k
Ø
Removing aggregate coverage would save approximately $31k annually (HM quotes)
Ø Recommend removal of aggregate coverage based on historical claims compared to attachment point
Year
Claims
Max Annual Claim Liability
2016
Expected - $14.8M
$15.6M
2015
Expected - $13.7M
$15.9M
2014
Actual - $12.4M
$17.2M YTD Attachment Point
2013
Actual - $12.7M
$13.5M YTD Attachment Point
6
Packet Pg. 120
QUESTIONS?
11.d.b
Packet Pg. 121
11.d.c
APPLICATION FOR STOP LOSS COVERAGE
1. Full legal name of Policyholder:
___________________________City of Knoxville_________________________________________________
2. Principal Office Address:
_400 Main Street ______________Knoxville____________________TN____________________37902______
(street)
(city)
(state)
(zip)
3. Contact Person: ______________________________________________________________________________
4. Contact Information: __________________________________________________________________________
5. Nature of Business: ___Government______________________________________________________________
6. If Employee Welfare Benefit Plans of subsidiary or affiliated companies (companies under common control
through stock ownership, contract, or otherwise) are to be included, list legal names and addresses of such
companies and the nature of their business:
___________________________________________________________________________________________
___________________________________________________________________________________________
7. Full Name of your Employee Welfare Benefit Plan:
___________________________________________________________________________________________
Attachment: City of Knoxville 2016 Stop Loss Application.pdf (4031 : 2016 Stop Loss)
BlueRe of Tennessee Stop Loss Insurance Company
Administrative Address:
1 Cameron Hill Circle
Chattanooga, TN 37402
A copy of YOUR ERISA Employee Welfare Benefit Plan Document, and those of any subsidiary of affiliated
companies that are to be included, must be attached to this Application. If YOUR Employee Welfare Benefit
Plan is for a Multiple Employer Welfare Agreement (“MEWA”) or a Multiple Employer Trust (“MET”), YOUR
Application will not be accepted for consideration unless YOU provide a clear and concise statement from the
U.S. Department of Labor that it is exempt from ERISA requirements.
BRSL? 0100 App (08 2011)
1
Packet Pg. 122
11.d.c
8. Requested Effective Date: _January 1, 2016________________________________________________________
a. All required information is provided, and
b. We have received the initial premium on or before that date.
9. Requested Endorsements: _N/A_________________________________________________________________
10. OUR Contact Person: _________________________________________________________________________
Name: ____________________________________________________________________________________
Address: __________________________________________________________________________________
City, State, Zip: _____________________________________________________________________________
Telephone Number: __________________________________________________________________________
11. YOUR designated Third-Party Administrator (for purpose of claims administration under YOUR Employee
Welfare Benefit Plan):
Prescription Drugs
Medical
Optum Rx/ Steve White
Name: _Blue Cross BlueShield Of Tennessee_____________________________________________________
P.O. Box 9472
Address: _1 Cameron Hill Circle_______________________________________________________________
Minneapolis, MN 55440-9472
City, State, Zip: _Chattanooga, TN 37402_________________________________________________________
800.797.9791/ 612.642.7235
Telephone Number: _(423)535-5600_____________________________________________________________
12. YOUR broker/agent of record:
Name: ____________________________________________________________________________________
Address: __________________________________________________________________________________
City, State, Zip: _____________________________________________________________________________
This Policy will become effective on the Requested Effective Date only if:
Telephone Number: __________________________________________________________________________
Email Address: ______________________________________________________________________________
BRSL? 0100 App (08 2011)
2
Packet Pg. 123
11.d.c
13. COVERAGES REQUESTED
The coverage shown applies only during the Policy Period from _January 1, 2016_ (Effective Date) through
_December 31, 2016_ (Expiration Date) and is further subject to all the provisions of the Policy.
Requested
Not Requested, skip to B
A. SPECIFIC EXCESS LOSS COVERAGE
1) Coverage to be included:
Yes
No
Medical
Prescription Drugs
Dental
Vision
(“Yes” means item will be included in coverage; “No” means item will not be included in coverage)
2) Specific Attachment Point (unless adjusted by Endorsement)
Per Covered Person: $ _250,000_
Per Covered Family: $ ________
Aggregating Specific Deductible: $ _100,000_
3) Specific Reimbursement Percentage: _100 %
4) Specific Lifetime Maximum Reimbursement per Covered Person: $ _Unlimited_
Specific Policy Period Maximum Reimbursement per covered Person: $_Unlimited_
Of this amount, reimbursement for treatment of drug or alcohol abuse will be limited to:
$ _____________
______ days
_______ days, up to $ _________
Treatment of drug or alcohol abuse considered as any other illness
BRSL? 0100 App (08 2011)
3
Packet Pg. 124
11.d.c
5) Basis of Specific Stop Loss coverage benefit payment (Benefit Period):
Plan Benefits incurred from _January 1, 2015_ through _December 31, 2016_
And paid from _January 1, 2016_ through _December 31, 2016_
Plan Benefits Incurred prior to the Effective Date (Run-In-Period) will be limited to:
$ __N/A__ per Covered Person
$ __N/A__ for all Covered Persons combined
6) Premium Rates (per month):
Covered Unit Description
Amount
__Single_____________________
$_8.86____
__Family____________________
$_28.40___
____________________________
$ ________
B. AGGREGATE STOP LOSS INSURANCE
Requested
Not Requested
1) If yes, please select the coverage:
Yes
No
Medical
Dental
Vision
Prescription Drugs
Other: _______________________
BRSL? 0100 App (08 2011)
4
Packet Pg. 125
11.d.c
2) Monthly Aggregate Factor:
Covered Unit
Medical
Dental
Vision
Prescription
Drugs
_Single_____
_Included__
__________
___________
_Included___
_$509.86___
_Family____
_Included__
___________
__________
_Included___
_$1,249.70__
___________
__________
___________
___________
___________
__________
___________
___________
___________
___________
___________
___________
3) Number of Covered Units
Covered Unit
Description
Quoted
Totals
Description
Actual
Medical
Dental
Vision
Prescription
Drugs
Totals
_Single____
_Included__
__________
__________
_Included__
_704_______
_Family____
_Included__
__________
___________
_Included__
_758_______
___________
__________
___________
___________
___________
___________
___________
__________
__________
__________
___________
___________
4) Minimum Annual Aggregate Attachment Point: $ _15,674,568____
(12 times Monthly Aggregate Factor(s), times total Number of Covered Units.)
5) Aggregate Reimbursement Percentage: 100 %
6) Individual Claim Limit: $ 250,000_
7) Maximum Aggregate Reimbursement (per Policy Period): $ _2,000,000_
BRSL? 0100 App (08 2011)
5
Packet Pg. 126
11.d.c
8) Basis of Aggregate Stop Loss coverage benefit payment (Benefit Period):
through _December 31, 2016_
Plan Benefits Incurred from _January 1, 2015
And paid from _January 1, 2016__through _December 31, 2016 .
Plan Benefits Incurred prior to the Effective Date (Run-In-Period) will be limited to:
$__N/A__ per Covered Person
$
N/A
per all Covered Persons combined
9) Premium Rates (per month):
Covered Unit
Description
Medical
Dental
Vision
Prescription
Drugs
Totals
_Composite_
_Included_
___________
___________
_Included_
_$ 1.50___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
___
14. Eligible for coverage:
Yes
No
Retired Employees
COBRA Continuee
Employees who are not Actively at Work
Late entrants
Transplants
BRSL? 0100 App (08 2011)
6
Packet Pg. 127
11.d.c
15. Special Limitations:
Specific:
Yes
____ Aggregate:
Yes
____
A 40% Specific Stop Loss Rate Cap with no new lasers at renewal is included. If the group renews with BlueRe,
the Specific Stop Loss rates will increase no more than 40% over the January 1, 2016 rates and no new lasers will
be added unless requested by the Policyholder or Administrator. The Specific Stop Loss Rate Cap option also
applies to the Aggregating Specific deductible. The Specific Stop Loss Rate Cap assumes there are no material
changes to the group’s plan such as revisions in the plan design, the specific deductible, contract change,
commission or PPO network. The Specific Rate Cap only applies to the group’s next renewal, not subsequent
renewals. Future Specific Rate Caps are subject to underwriting discretion.
16. Initial premium deposit accompanying the application: $
17. Minimum Plan Enrollment:
____ Covered Units, or
____
____% of initial enrollment
YOU have read the foregoing and understand and agree with the terms and conditions of the coverage as set forth by US
and as reflected in the Application. YOU represent that YOU have formed YOUR Employee Welfare Benefit Plan in
compliance with and in reliance on the applicable provisions of the Employee Retirement Income Security Act (ERISA), as
amended, or any other applicable law or regulation. It is agreed that the statements in the Application or in any materials
submitted with this Application or attached to it are YOUR representations and shall be deemed material to acceptance or
the risk by US and that the Policy is issued by US in reliance on the truth and accuracy of such representations. Should
subsequent information become known which, if known prior to issuance of the Policy, would affect the premium rates,
factors, terms or conditions for coverage thereunder, WE will have the right to revise the premium rates, factors, terms or
conditions as of the Effective Date, by providing written notice to YOU. Any fraudulent statement will render the Policy
null and void and claims, if any, will be forfeited.
THIS APPLICATION DOES NOT BIND COVERAGE. Upon approval of the application, the Policy evidencing that
the coverage is in force will be issued by US. Coverage will commence on the Effective Date set forth in the Policy. This
application will attach to and form part of the Policy.
FRAUD WARNING. It is a crime to knowingly provide false, incomplete or misleading information to an insurance
company for the purposes of defrauding the company. Penalties include imprisonment, fines and denial of coverage.
APPLICANT’S ACKNOWLEDGEMENT. The applicant represents, to the best of his/her knowledge and belief, that
the statements and answers in this application are true and complete. The applicant understands and agrees that (a) this
application, along with all of its attachments and supporting information, will form part of any policy issued, (b) no
information given to or acquired by any representative of Company will bind it, unless it is in writing on this application,
(c) no waiver or modification will bind Company unless it is in writing and is signed by Company, and (d) coverage will
be provided only to those persons or entities eligible under the terms of an issued policy. The applicant further
understands and agrees that (a) Company will rely on this application, its attachments and supporting information, to issue
any policy and (b) if the information contained in and submitted with this application materially changes prior to the
policy Effective Date, the applicant will notify company and company will then modify or withdraw any outstanding offer
of insurance.
Any individuals currently eligible under the plan that were formerly ineligible due to meeting their lifetime
maximum in the past will not be covered for stop loss insurance unless approved in advance by US.
BRSL? 0100 App (08 2011)
7
Packet Pg. 128
ACCEPTED BY THE POLICYHOLDER:
ACCEPTED BY: BlueRe of Tennessee Stop Loss Insurance Company
Date
Date
Policyholder (correct legal name)
Policyholder (correct legal name)
BY (officer's name and title)
BY (officer's name and title)
Policyholder's Broker/Agent of Record
Policyholder's Broker/Agent of Record
11.d.c
BRSL? 0100 App (08 2011)
8
Packet Pg. 129
11.d.d
BlueRe
SCHEDULE FOR STOP LOSS COVERAGE
Policy Number:
BR-111174-16A
A. NATURE OF BUSINESS:
B. PRINCIPAL OFFICE ADDRESS
C. POLICYHOLDER CONTACT PERSON
D. CONTACT INFORMATION (IF DIFFERENT FROM ABOVE):
E. FULL NAME OF YOUR EMPLOYEE WELFARE BENEFIT PLAN:
F.
G. POLICYHOLDER’s broker/agent of record:
BRSL 0100Sch (Revised 2 2014)
Attachment: City of Knoxville Stop Loss Schedule 2016.pdf (4031 : 2016 Stop Loss)
FULL LEGAL NAME OF POLICYHOLDER
Page 1
Packet Pg. 130
11.d.d
EFFECTIVE DATE
EXPIRATION DATE
THIRD-PARTY ADMINISTRATOR
(Medical Admin)
Prescription Drug Admin)
OptumRx
PO Box 9472
Minneapolis, MN 55440-9472
800.797.9791
Steve White
612.642.7235
COVERAGE
ENDORSEMENTS (IF APPLICABLE)
Page 2
Packet Pg. 131
11.d.d
Page 3
Packet Pg. 132
11.d.d
7. ELIGIBLE FOR COVERAGE:
8. SPECIAL LIMITATIONS
Page 4
Packet Pg. 133
11.d.d
9. MINIMUM PLAN ENROLLMENT:
11. YOU have read the foregoing and understand and agree with the terms and
conditions of the coverage as set forth by US and as reflected in the Application.
YOU represent that YOU have formed YOUR Employee Welfare Benefit Plan in
compliance with and in reliance on the applicable provisions of the Employee
Retirement Income Security Act (ERISA), as amended, or any other applicable law
or regulation.
YOU agree that:
a.
the statements in the Application or in any materials submitted with or attached to
this Application are YOUR representations;
b. such representations shall be deemed material to acceptance of the risk by US; and
c. WE issue the Policy in reliance on the truth and accuracy of such representations.
If subsequent information becomes known that, if known prior to issuance of the
Policy, would affect the premium rates, factors, terms or conditions for coverage
thereunder, WE will have the right to revise the premium rates, factors, terms or
conditions as of the Effective Date, by providing written notice to YOU.
Any fraudulent statement will render the Policy null and void, and any claims will
be forfeited.
THIS APPLICATION DOES NOT BIND COVERAGE.
FRAUD WARNING
APPLICANT’S ACKNOWLEDGEMENT
10. PREMIUM DUE DATE
Page 5
Packet Pg. 134
BlueRe
BlueRe of Tennessee and BlueCross BlueShield of Tennessee, Independent Licensees of BlueCross
BlueShield Association
11.d.d
Page 6
Packet Pg. 135
11.d.e
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11.e
City Council
AGENDA DATE:
December 17, 2015
DEPARTMENT:
Finance
DIRECTOR:
Jim York
AGENDA SUMMARY A Resolution approving the issuance of a Certificate of Compliance to
Vic's Package Store relative to its application to the Tennessee Alcoholic Beverage
Commission to renew its license to operate a liquor store in the City.
3rd District
BACKGROUND
Vic's Package Store LLC dba Vic's Package Store is owned by Garrett M. Jernigan and
Timothy D. England and is located at 102 Stekoia Lane, Knoxville, Tennessee 37912.
Applicant originally received ABC license and Certificate of Compliance for this location in
November 2011. This renewal request is one of the regular biannual processes required by
ABC for renewal of the ABC license.
OPTIONS
Approve, disapprove, or postpone
RECOMMENDATION
Approve application at this time so applicant can meet ABC schedule for renewal by that
Board.
N/A
PRIOR ACTION/REVIEW
N/A
FISCAL INFORMATION
N/A
AIS prepared by Donna Dyer, Revenue Administrator
Updated: 12/8/2015 12:44 PM
Page 1
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11.e
ATTACHMENTS:

Resolution, Renewal, Vic's Package Store (DOC)

Vic's Package Store Application
Updated: 12/8/2015 12:44 PM
(PDF)
Page 2
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RESOLUTION
A RESOLUTION OF THE
KNOXVILLE APPROVING
THE ISSUANCE OF A
CERTIFICATE
OF
COMPLIANCE TO VIC'S
PACKAGE
STORE
RELATIVE
TO
ITS
APPLICATION TO THE
TENNESSEE ALCOHOLIC
BEVERAGE COMMISSION
TO RENEW ITS LICENSE
TO OPERATE A LIQUOR
STORE IN THE CITY.
RESOLUTION NO: _________________
REQUESTED BY: Finance & Accountability
PREPARED BY: Law____________________
APPROVED: ________________________
MEASURE: _________________________
MINUTE BOOK: ________ PAGE _____
WHEREAS, pursuant to TENN. CODE ANN. §§ 57-3-213 and 57-3-208(b), an
applicant is required to obtain a new certificate of compliance every two years from the
legislative body of the municipality in which the licensed premises is located in conjunction
with the renewal of its retail liquor store license from the Tennessee Alcoholic Beverage
Commission (hereinafter referred to as “ABC”); and
WHEREAS, Vic's Package Store LLC d/b/a Vic's Package Store (hereinafter
referred to as “Vic's Package Store”), which is owned by Garrett M. Jernigan and Timothy
D. England and is located at 102 Stekoia Lane, Knoxville, Tennessee, 37912, obtained its
original certificate from the City in November 2011; and
Attachment: Resolution, Renewal, Vic's Package Store (4022 : Certificate of Compliance, Renewal for Vic's Package Store)
11.e.a
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11.e.a
Package Store applied for a certificate of compliance from the City of Knoxville on
December 2, 2015; and
WHEREAS, Vic's Package Store has met the necessary requirements contained in
TENN. CODE ANN. § 57-3-208; and
WHEREAS, the Council of the City of Knoxville desires to approve the application
of Vic's Package Store for a certificate of compliance.
CITY OF KNOXVILLE:
SECTION 1: The Council of the City of Knoxville hereby approves the issuance of
a certificate of compliance to Vic's Package Store in accordance with TENN. CODE ANN. §§
57-3-213 and 57-3-208(b).
SECTION 2: This Resolution will take effect from and after its passage, the
___________________________
________________________
Recorder
Attachment: Resolution, Renewal, Vic's Package Store (4022 : Certificate of Compliance, Renewal for Vic's Package Store)
WHEREAS, as part of the process of renewing its liquor license with the ABC, Vic's
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11.e.b
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Attachment: Vic's Package Store Application (4022 : Certificate of Compliance, Renewal for Vic's Package
11.e.b
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11.e.b
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11.e.b
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12.a
City Council
AGENDA DATE:
December 17, 2015
DEPARTMENT:
Knoxville Police Department
DIRECTOR:
Chief Rausch
AGENDA SUMMARY An Ordinance to amend the Knoxville City Code, Chapter 17, Article
VII, Division 1, Section 17-392 to increase the penalty for failure to wear a safety belt in a
motor vehicle.
COUNCIL DISTRICT(S)
ALL
BACKGROUND The City Code sets certain requirements for the use of safety belts in
passenger motor vehicles, and the penalty for failure to adhere to the safety belt ordinance;
and the Code currently permits a person charged with a violation of this section, in lieu of
appearance in courts, to submit a fine of $10 for a first violation and $20 for the second
subsequent violation to the city court clerk, which fine schedule mirrors the fine set forth for
similar violations of Tenn Code Annotated 55-9-603. Effective January 1, 2016 the fine for
a first violation of Tenn Code Annotated 55-9-603 will increase to $25 and subsequent
violations will increase to $50.
It is requested to change City Code to mirror the Tenn Code regarding penalties for Seat
Belt Law violations by increasing fines from $10 to $25 for first offense and from $25 to $50
for any subsequent offenses
OPTIONS Approve or reject request
RECOMMENDATION Approval by Council to amend City Code 17-392 to mirror TCA 55-9603 regarding penalties for violation of Seat Belt Law
ESTIMATED PROJECT SCHEDULE Effective upon approval
PRIOR ACTION/REVIEW
FISCAL INFORMATION No cost
Updated: 12/7/2015 12:03 PM
Page 1
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12.a
Ordinance (ID # 4021)
ATTACHMENTS:

Seatbelt Fine
(DOC)
Updated: 12/7/2015 12:03 PM
Page 2
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ORDINANCE
AN ORDINANCE OF THE
KNOXVILLE TO AMEND
THE
KNOXVILLE
CITY
CODE,
CHAPTER
17,
ARTICLE VII, DIVISION 1, §
17-392 TO INCREASE THE
PENALTY FOR FAILURE TO
WEAR A SAFETY BELT IN A
MOTOR VEHICLE.
ORDINANCE NO: __________________
REQUESTED BY: KPD
PREPARED BY: Law
APPROVED ON 1ST
READING: _________________________
APPROVED ON 2ND
READING: _________________________
MEASURE: _________________________
WHEREAS, Chapter 17, Article VII, Division 1, § 17-392 of the Knoxville City
Code sets forth certain requirements for the use of safety belts in passenger motor vehicles,
and the penalty for failure to adhere to the safety belt ordinance; and
WHEREAS, § 17-392 (d) currently permits a person charged with a violation of this
section, in lieu of appearance in court, to submit a fine of ten dollars ($10.00) for a first
Attachment: Seatbelt Fine (4021 : seat belt law)
ORDINANCE NO. ___________
12.a.a
violation and twenty dollars ($20.00) for the second and subsequent violation to the city
court clerk, which fine schedule mirrors the fine set forth for similar violations of TENN.
CODE ANN. § 55-9-603; and
WHEREAS, in 2015 the Tennessee General Assembly enacted Public Chapter 296,
effective January 1, 2016, which increases the fine for a first violation of TENN. CODE ANN.
§ 55-9-603 to twenty-five dollars ($25.00) and to fifty dollars ($50.00) for any subsequent
violation; and
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12.a.a
WHEREAS, the Council of the City of Knoxville desires to enact penalties for
violation of Knoxville City Code § 17-392 which mirror the penalties set forth in TENN.
CODE ANN. § 55-9-603.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF KNOXVILLE:
SECTION 1: Chapter 17, Article VII, Division 1, § 17-392 of the Knoxville City
the words “twenty-five dollars ($25.00)”, and by replacing the words “twenty dollars
($20.00)” with the words “fifty dollars ($50.00)”.
SECTION 2:
This Ordinance shall take effect upon its passage, the welfare of
the City requiring it.
___________________________________
______________________________
Recorder
Attachment: Seatbelt Fine (4021 : seat belt law)
Code is hereby amended by replacing the words “ten dollars ($10.00)” in subsection (d) with
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12.b
City Council
AGENDA DATE:
December 17, 2015
DEPARTMENT:
Legislative
DIRECTOR:
City Council
AGENDA SUMMARY An Emergency Ordinance of the Council of the City of Knoxville
appropriating the sum of $500.00 from the Community Improvement (202) Fund and
donating same to Knoxville-Knox County Community Action Committee, serving as fiscal
agent for Inskip Community Association ACI, toward the Thanksgiving Basket Project at
Inskip Elementary School.
Council Member Campen
BACKGROUND
OPTIONS
RECOMMENDATION
PRIOR ACTION/REVIEW
FISCAL INFORMATION
ATTACHMENTS:

CAC_Inskip 12-2015
Updated: 12/7/2015 2:47 PM
(DOC)
Page 1
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ORDINANCE
AN EMERGENCY ORDINANCE
OF THE COUNCIL OF THE CITY
OF KNOXVILLE APPROPRIATING
THE SUM OF $500.00 FROM THE
COMMUNITY
IMPROVEMENT
(202) FUND AND DONATING
SAME TO KNOXVILLE-KNOX
COUNTY COMMUNITY ACTION
COMMITTEE,
SERVING
AS
FISCAL AGENT FOR INSKIP
COMMUNITY ASSOCIATION ACI,
TOWARD THE THANKSGIVING
BASKET PROJECT AT INSKIP
ELEMENTARY SCHOOL.
ORDINANCE NO: _________________
REQUESTED BY: Council Member
Campen
PREPARED BY: Council
APPROVED ON 1ST
READING: _________________________
APPROVED ON 2ND
READING: _________________________
MEASURE: _________________________
WHEREAS, the Knoxville-Knox County Community Action Committee (CAC),
Office on Aging is a valuable asset to older citizens of the City of Knoxville bringing to
certain individuals publications that provide easy accessible information regarding service
programs and activities available to older individuals; and
WHEREAS, said organization has agreed to act as fiscal agent on behalf of Inskip
Community Association ACI toward the cost of food and supplies for Thanksgiving baskets
provided to deserving families with children at Inskip Elementary School; and
Attachment: CAC_Inskip 12-2015 (4026 : Community Improvement (202) Fund - CAC: Inskip Community Association ACI)
ORDINANCE NO. ___________
12.b.a
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12.b.a
worthy and worthwhile of Council’s financial support; and
WHEREAS, there exists within that portion of the Community Improvement (202)
fund available for use upon motion of the council member representing the Fifth (Mark
Campen-$500) Council District the sum of FIVE HUNDRED DOLLARS ($500.00) which
sum may be donated to Knoxville-Knox County Community Action Committee, acting as
fiscal agent on behalf of Inskip Community Association ACI, toward the Thanksgiving
Basket Project at Inskip Elementary School, and Council is of the opinion that the funds
should be so utilized; and
WHEREAS, an emergency exists in that it is necessary for the immediate
preservation of the public peace, property, health and safety that this Ordinance take effect
immediately upon its passage.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF KNOXVILLE:
SECTION 1: There is hereby appropriated from that portion of the Community
Improvement (202) fund available for use upon motion of the council member representing
the Fifth (Mark Campen-$500) Council District the sum of FIVE HUNDRED DOLLARS
($500.00) and said sum is hereby donated to Knoxville-Knox County Community Action
Committee, acting as fiscal sponsor and oversight organization on behalf of Inskip
Community Association ACI, as previously described.
WHEREAS, Council is of the opinion that said community outreach initiative is
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12.b.a
immediate preservation of the public peace, property, health and safety that this Ordinance
take effect immediately upon its passage.
________________________________
____________________________
City Recorder
SECTION 2: An emergency is declared to exist in that it is necessary for the
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