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Group Health Benefit Plan SUMMARY - City of Wichita

VIEWS: 12 PAGES: 298

  • pg 1
									                                                  CITY COUNCIL

                                                 CITY OF WICHITA
                                                     KANSAS

City Council Meeting                                                                    Cherry Room (Promenade Level
09:30 a.m. September 25, 2007                                                                     Hyatt Regency Hotel

                                                  ORDER OF BUSINESS

--      Call to Order

--      Approve the minutes of the September 18, 2007 regular meeting




                                                     CONSENT AGENDA


     1. Report of the Board of Bids and Contracts Dated September 24, 2007.

        RECOMMENDED ACTION: Receive and file report; approve Contracts; authorize necessary signatures.


     2. Petitions for Public Improvements:
            a. Pave streets in Gray's Sixth Addition, south of MacArthur, west of Hoover. (District IV)

        RECOMMENDED ACTION: Approve Petitions; adopt resolutions.


     3. Consideration of Street Closures/Uses.

        RECOMMENDED ACTION: Approve street closure.


     4. Agreements/Contracts:
           a. Blind and Physically Handicapped (Talking Books) Contract.
           b. Construction Engineering for Hillside Bridge at Range Road. (District III)-Supplemental.
           c. Staking & Construction Engineering in Willow Creek East Addition, east of Greenwich, south of Harry.
              (District IV)-Supplemental.

        RECOMMENDED ACTION: Approve Agreements/Contracts; authorize the necessary signatures.


     5. Design Services Agreement:
           a. Tara Creek and Casa Bella Additions, north of Pawnee, west of 127th Street East. (District II)

        RECOMMENDED ACTION: Approve Agreements/Contracts; authorize the necessary signatures.




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City Council Meeting                                                                                   Page 2
September 25, 2007




    6. Change Orders:
          a. River Corridor Improvements. (District VI)

        RECOMMENDED ACTION: Approve the Change Orders and authorize the necessary signatures.


    7. Minutes of Advisory Boards/Commissions:

        Board of Code Standards and Appeals, August 6, 2007
        Wichita Airport Advisory Board, August 6, 2007
        Wichita Historic Preservation Board, August 13, 2007
        District V Advisory Board, September 10, 2007

        RECOMMENDED ACTION: Receive and file.


    8. Commodities Budget Adjustment.

        RECOMMENDED ACTION: Approve the budget adjustment.


    9. M-Well Repairs, Approval of CIP.

        RECOMMENDED ACTION: Authorize the project; approve the expenditure; adopt the Resolution;
                            and authorize the necessary signatures.


    10. 2007/2008 Insurance Program.

        RECOMMENDED ACTION: Accept the recommendations of the Health Insurance Advisory Committee and:
                            1) approve Delta Dental, VSP, Wellness Coaches USA, Minnesota Life, and
                            Cigna as providers for wellness, dental, vision, basic life, basic AD&D,
                            dependent life, supplemental life, voluntary AD&D and long term disability for
                            2008; 2) approve the use of Step Therapy for new prescriptions starting in 2008;
                            3) approve adding a voluntary "low option" medical plan in 2008 with flexible
                            cost sharing; 4) approve the rate guarantees for each vendor as recommended and
                            authorize renewal at the guaranteed rates for 2008, as applicable; 5) approve the
                            2007 Self Insurance Stop-Loss Insurance Policy, the Administrative Services
                            Agreement, Summary Plan Description including the Group Health Plan
                            Summary and the Benefit Eligibility Policy Handbook and approve
                            Coventry Health Care as the medical provider for 2008; 6) authorize and approve
                            necessary budget transfers; and 7) authorize the required signatures.




                                                          2
City Council Meeting                                                                                                 Page 3
September 25, 2007

    11. City Hall Parking Garage Repairs. (District VI)

        RECOMMENDED ACTION: Adopt the Amended Resolution and authorize the necessary signatures.


    12. City Hall First Floor Remodel. (District VI)

        RECOMMENDED ACTION: Adopt the Amended Resolution and authorize the necessary signatures.


    13. Planeview Community Library Memorandum of Agreement. (District III)


        RECOMMENDED ACTION: Endorse the City’s participation in the partnership for an additional year
                            and authorize the Mayor to sign the memorandum of agreement.


    14. City Hall Fire Loss. (District VI)

        RECOMMENDED ACTION: Approve the creation of the City Hall repair project and approve any
                            necessary budget adjustments and transfers.




    15. Second Reading Ordinances: (First Read September 18, 2007)

        a. 25th Street Bridge Rehabilitation over Little Arkansas River. (District VI)

          An ordinance declaring the 25th Street Bridge at the little Arkansas River (472-84595) to be a main
          trafficway within the city of Wichita, Kansas; declaring the necessity of and authorizing certain improvements
          to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the
          manner of payment of same.

        b. 21st Street and Broadway Intersection Improvement. (District VI)

          An ordinance amending ordinance no. 46-839 of the city of Wichita, Kansas declaring the intersection of 21st
          Street and Broadway (472-84295) to be a main trafficway within the city of Wichita Kansas; declaring the
          necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said
          improvements, the estimated costs thereof, and the manner of payment of the same.

        c. Amendment to Section 1.04.070 of the Code of the City of Wichita setting forth costs in the Municipal Court.

          An ordinance amending section 1.04.070 of the code of the city of Wichita, Kansas, pertaining to costs and
          witness fees in cases before the municipal court judge and repealing the original of said section.

        d. Replacement of Fleet Heavy Equipment.

          An ordinance determining the necessity for acquiring fleet vehicles and equipment, and providing that the cost
          of said acquisition shall be paid by the city of Wichita, Kansas, at large through the issuance of general
          obligation bonds of the city of Wichita, Kansas, under the city’s home rule authority as set out in article 12,
          section 5, of the constitution of the state of Kansas.



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City Council Meeting                                                                                                    Page 4
September 25, 2007

(Item 15 continued)
        e. Local Sales Tax General Obligation Bond Sale.

          An ordinance authorizing and providing for the issuance of general obligation sales tax bonds, series 2007, of
          the city of Wichita, Kansas, in the total principal amount of not to exceed $40,500,000, for the purpose of
          providing the necessary funds to pay costs in connection with the construction of roads, highways and bridges
          in the city; pledging a portion of the county retailer’s sales tax revenues allocated to the city for the payment of
          the principal of and the interest on the bonds as they become due; providing for the levy and collection of an
          annual tax for the purpose of providing for the payment of any portion of the principal of and the interest on the
          bonds not paid from said sales tax revenues; and making certain other covenants and agreements with respect to
          the bonds.

        f. CUP2007-00007 and ZON2007-00004 DP-8, University Gardens Community Unit Plan, Amendment #11 to
          alter allowed uses, maximum building coverage, gross floor area; the number of buildings allowed and zone
          change to LC Limited Commercial on Parcel 9. (District I)

          An ordinance changing the zoning classifications or districts of certain lands located in the City of
          Wichita, Kansas, under the authority granted by the Wichita-Sedgwick County Unified Zoning Code, Section
          V-C, as adopted by section 28.04.010, as amended.

        g. ZON2007-00030 – Zone change request from “LC” Limited Commercial to “MF-29” “MF-18” Multi-family
          Residential zoning. Generally located west of Oliver and south of extended 29th Street North. (District I)

          An ordinance changing the zoning classifications or districts of certain lands located in the city of
          Wichita, Kansas, under the authority granted by the Wichita-Sedgwick County Unified Zoning Code,
          Section V-C, as adopted by section 28.04.010, as amended.


        h. A07-10R-The unilateral annexation of eligible properties generally located north of 13th Street North,
           to the east and west of 143rd Street East. (District II)

          An ordinance including and incorporating certain blocks, parcels, pieces and tracts of land within the
          limits and boundaries of the city of Wichita, Kansas. (A07-10)

        RECOMMENDED ACTION: Adopt the Ordinances.




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City Council Meeting                                                                                              Page 5
September 25, 2007




                                                    PLANNING AGENDA

NOTICE: Public hearing on planning items is conducted by the MAPC under provisions of State law. Adopted policy is
       that additional hearing on zoning applications will not be conducted by the City Council unless a statement
       alleging (1) unfair hearing before the MAPC, or (2) alleging new facts or evidence has been filed with the City
       Clerk by 5p.m. on the Wednesday preceding this meeting. The Council will determine from the written statement
       whether to return the matter to the MAPC for rehearing.
* Consent Items

    16. *SUB 2007-39 - Plat of Rennick Commercial Addition located on the northwest corner of 45th Street North and
        Hoover Road. (District VI)

        RECOMMENDED ACTION: Approve the documents and plat, authorize the necessary signatures,
                            adopt the Resolutions and approve first reading of the Ordinance.


    17. *SUB 2007-47-Plat of Easy Credit Auto Sales Addition located north of 47th Street South and on the east side of
        Broadway. (District III)

        RECOMMENDED ACTION: Approve the documents and plat, authorize the necessary signatures, and
                            adopt the Resolution.




    18. *SUB 2007-69 - Plat of City Hall Complex Addition located on the southwest corner of Central and Main Street.
        (District VI)

        RECOMMENDED ACTION: Approve the plat and authorize the necessary signatures for approval of the plat
                            and for the City’s ownership of the property.




    19. *SUB 2007-62 - Plat of Willow Place 2nd Addition located on the south side of 45th Street North and west of
        Webb Road. (District II)

        RECOMMENDED ACTION: Approve the documents and plat, authorize the necessary signatures,
                            adopt the Resolutions and approve first reading of the Ordinance.




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City Council Meeting                                                                                             Page 6
September 25, 2007




    20. *DED 2007-20 - Dedication of a Utility Easement located west of West Street and north of Maple. (District IV)

        RECOMMENDED ACTION: It is recommended that the City Council accept the Dedication.




                                                      CITY COUNCIL

    21. Board Appointments.

        RECOMMENDED ACTION: Approve the appointments.



Adjournment



***Workshop to follow***




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                                                                         Agenda Item No 2a


                                            City of Wichita
                                         City Council Meeting
                                          September 25, 2007




TO:                     Mayor and City Council Members

SUBJECT:                Petition to pave streets in Gray’s 6th Addition (south of MacArthur, west of
                        Hoover) (District IV)

INITIATED BY:           Department of Public Works

AGENDA:                 Consent


Recommendation: Approve the new Petition.

Background: On June 5, 2007, the City Council approved a Petition to pave streets in Gray’s 6th
Addition. An attempt to award a construction contract within the budget set by the Petition was not
successful. The developer has submitted a new Petition with an increased budget. The signature on the
new Petition represents 100% of the improvement district.

Analysis: The project will serve a new residential development located south of MacArthur, west of
Hoover.

Financial Considerations: The existing Petition totals $128,000 with the total assessed to the
improvement district. The new Petition totals $148,000 with the total assessed to the improvement
district.

Goal Impact: This project will address the Efficient Infrastructure goal by providing street paving for a
new residential development.

Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident
property owners or owners of a majority of property in the improvement district.

Recommendations/Actions: It is recommended that the City Council approve the new Petition, adopt
the Resolution and authorize the necessary signatures.

Attachments: Map, CIP Sheet, Petition and Resolution




                                                   13
132019
                                  First Published in the Wichita Eagle on

                             RESOLUTION NO. ____________

     RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTION
AUTHORIZING CONSTRUCTING PAVEMENT ON GILDA AND WICKHAM FROM
MACARTHUR RD. TO HOOVER ST. (SOUTH OF MACARTHUR, WEST OF
HOOVER) 472-84565 IN THE CITY OF WICHITA, KANSAS, PURSUANT TO FINDINGS
OF ADVISABILITY MADE BY THE GOVERNING BODY OF THE CITY OF WICHITA,
KANSAS.

     BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA,
KANSAS, THAT THE FOLLOWING FINDINGS AS TO THE ADVISABILITY OF
AUTHORIZING CONSTRUCTING PAVEMENT ON GILDA AND WICKHAM FROM
MACARTHUR RD. TO HOOVER ST. (SOUTH OF MACARTHUR, WEST OF
HOOVER) 472-84565 IN THE CITY OF WICHITA, KANSAS, ARE HEREBY MADE TO-
WIT:

       SECTION 1. That Resolution No. 07-338 adopted on June 5, 2007 is hereby rescinded.

       SECTION 2. That it is necessary and in the public interest to authorize constructing
pavement on Gilda and Wickham from MacArthur Rd. to Hoover St. (south of MacArthur,
west of Hoover) 472-84565.

        Said pavement shall be constructed of the material in accordance with plans and
specifications provided by the City Engineer.

        SECTION 3. That the cost of said improvements provided for in Section 1 hereof is
estimated to One Hundred Forty-Eight Thousand Dollars ($148,000) exclusive of the cost of
interest on borrowed money, with 100 percent payable by the improvement district. Said
estimated cost as above set forth is hereby increased at the pro-rata rate of 1 percent per month
from and after June 1, 2007 exclusive of the costs of temporary financing.




                                               14
         SECTION 4. That all costs of said improvements attributable to the improvement
district, when ascertained, shall be assessed against the land lying within
the improvement district described as follows:

                                   GRAY’S 6TH ADDITION
                                         Lot 1, Block A
                                    Lots 1 through 8, Block B

        SECTION 5. That the method of apportioning all costs of said improvements
attributable to the improvement district to the owners of land liable for assessment therefore shall
be on a fractional basis.

       That the method of assessment of all costs of the improvement for which the
       improvement district shall be liable shall be on a fractional basis: Lot 1, Block A,
       GRAY’S 6TH ADDITION, shall pay 3/11 of the total cost of the improvements
       and Lots 1 through 8, Block B, GRAY’S 6TH ADDITION, shall each pay 1/11 of
       the total cost of the improvements.

       Except when driveways are requested to serve a particular tract, lot or parcel, the cost of
said driveway shall be in addition to the assessment to said tract, lot, or parcel and shall be in
addition to the assessment for other improvements. Where the ownership of a single lot is or may
be divided into two or more parcels, the assessment to the lot so divided shall be assessed to each
ownership or parcel on a square foot basis.

       SECTION 6. That payment of said assessments may indefinitely be deferred as against
those property owners eligible for such deferral available through the Special Assessment
Deferral Program.

       SECTION 7. That the City Engineer shall prepare plans and specifications for said
improvement and a preliminary estimate of cost therefore, which plans, specifications, and a
preliminary estimate of cost shall be presented to this Body for its approval.

           SECTION 8. Whereas, the Governing Body of the City, upon examination thereof,
considered, found and determined the Petition to be sufficient, having been signed by the owners
  of record, whether resident or not, of more than Fifty Percent (50%) of the property liable for
                      assessment for the costs of the improvement requested
thereby; the advisability of the improvements set forth above is hereby established as authorized
by K.S.A. 12-6a01 et seq., as amended.

        SECTION 9. Be it further resolved that the above-described improvement is hereby
authorized and declared to be necessary in accordance with the findings of the Governing Body
as set out in this resolution.

        SECTION 10. That the City Clerk shall make proper publication of this resolution, which
shall be published once in the official City paper and which shall be effective from and after said
publication.




PASSED by the governing body of the City of Wichita, Kansas, this _____ day of _______,
                                                15
2007.




                                         ____________________________
                                         CARL BREWER, MAYOR
                                   ATTEST:
___________________________________
KAREN SUBLETT, CITY CLERK

                                      (SEAL)




                                        16
                                                             Kansas State Library Contract No. 08-LSTA-G

                                      KANSAS STATE LIBRARY
                                                F.Y. 2008
                                   Library Services and Technology Act
                                          Talking Books Service

Project No. 08-LSTA-6

       THIS CONTRACT, made and executed this FIRST day of OCTOBER, 2007, by and between the

Kansas State Library, hereinafter referred to as the State Library, and THE CITY OF WICHITA, a

municipal corporation in the state of Kansas. This contract shall be administered through the City’s

Department of Libraries, by its Board of Directors, hereinafter referred to as the Board.

                                                WITNESS THAT:

       WHEREAS, the Kansas Legislature has allocated funding for services to the Kansas Talking

Books Service and the Board meets the requirements of the Kansas Administrative Regulations, for

Kansas Talking Books Service, and

       WHEREAS, the Congress of the United States has enacted the Library Services and Technology

Act, and

       WHEREAS, the Board submitted to the State Library a budget for funds and agrees to comply with

all the terms and conditions of the LSTA Five Year State Plan;

       NOW THEREFORE, it is mutually understood and agreed that the Board shall administer a

program in compliance with the Five-Year State Plan, Project No. 08-LSTA-3 of the FY 2008 and the

approved application.

       The Board shall expend or encumber all moneys received under this contract no later than

September 30, 2008. The Board shall expend all moneys received under this contract solely for the

purposes stated in the Five-Year State Plan of FY 2008, Project No. 08-LSTA-3, the approved budget,

and this contract, and shall repay to the State Library all moneys lost or diverted to purposes other than

those stated herein.




                                                        17
       The State Library shall pay to the Board from state funds a base payment of $17,500.00 plus

SEVENTY-THREE THOUSAND SIX HUNDRED SIXTY DOLLARS ($73,660.00) in ONE

payment(s) as follows: upon completion of this contract and approval by the State Library, on or about

October 1, 2007.

       The State Library shall pay to the Board from available Federal funds the sum of THIRTY-FIVE

THOUSAND THREE HUNDRED NINETY TWO DOLLARS ($35,392.00) in ONE payment(s) as

follows: upon completion and approval by the State Library, on or about April 1, 2008.

       AND IT IS FURTHER mutually understood and agreed that the money shall be payable to the

Board only upon receipt of the moneys by the State Library through funds of the State of Kansas and

LSTA. If the funds are not received by the State Library, this contract shall be void and the obligations of

both parties herein shall be terminated.

       IT IS FURTHER mutually understood that the provisions found in Contractual Provisions

Attachment (Form DA-146a), which is attached hereto and executed by the parties to this agreement, are

hereby incorporated in this contract and made a part hereof.



Rodger Woods, Library Board President                            Carl Brewer, Mayor



Cynthia Berner Harris, Director of Libraries- (Responsible for financial reporting)
Phone # (316) – 261-8520


                ____________________________
Kansas State Librarian



Approved as to form: __________________________________________
                      Gary Rebenstorf, Director of Law




                                                        18
State of Kansas
Department of Administration
DA-146a (Rev. 1-01)

                                           CONTRACTUAL PROVISIONS ATTACHMENT
Important:     This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is
               attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision:

               "The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 1-01), which is attached hereto, are hereby incorporated in
               this contract and made a part thereof."

               The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said
               contract being the __FIRST___ day of _____OCTOBER_______________, 2008_____.

1.    Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over
      the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

2.    Agreement With Kansas Law: All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3.    Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration,
      sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may
      terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the
      end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except
      that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to
      take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the
      end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any
      such equipment shall revert to contractor at the end of State's current fiscal year. The termination of the contract pursuant to this paragraph shall not
      cause any penalty to be charged to the agency or the contractor.

4.    Disclaimer Of Liability: Neither the State of Kansas nor any agency thereof shall hold harmless or indemnify any contractor beyond that liability incurred
      under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.).

5.    Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas
      Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et
      seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission
      or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal
      opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every
      subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of
      (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a
      breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas
      Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of
      contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of
      Administration.

      Parties to this contract understand that the provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not
      applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting state agency
      cumulatively total $5,000 or less during the fiscal year of such agency.

6.    Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and
      certifications have been given.

7.    Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation shall be allowed to find the State or any agency
      thereof has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the State of Kansas
      shall not agree to pay attorney fees and late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no
      provision will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for
      a particular purpose.

8.    Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly
      authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9.    Responsibility For Taxes: The State of Kansas shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may
      be imposed or levied upon the subject matter of this contract.

10.   Insurance: The State of Kansas shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract
      relates, nor shall this contract require the State to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions
      of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property in which
      vendor or lessor holds title.

11.   Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to
      information pursuant to K.S.A. 46-1101 et seq.

12.   The Eleventh Amendment: “The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but
      prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment.”




                                                                                     19
                                                                              Agenda Item No 4a

                                             City of Wichita
                                          City Council Meeting
                                           September 25, 2007




TO:                       Mayor and City Council

SUBJECT:                  Blind and Physically Handicapped (Talking Books) Contract

INITIATED BY:             Library

AGENDA:                   Consent


Recommendation: Approve the contract.

Background: The Wichita Public Library is one of five agencies that deliver library service to blind and
physically handicapped residents of Kansas through contracts with the Kansas State Library. The Wichita
site delivers service to eligible customers from all of Sedgwick County and fifteen counties in Southeast
Kansas. Although Wichita’s participation as a contracting agency has been in place for many years,
annual contracts renewing the relationship with the State Library are required because federal funds are
included in the contract payment.

Analysis: Wichita’s ability to house a subregional library for the blind and physically handicapped
allows the Library to enhance service to customers with special needs. While most users of this service
must rely on toll-free phone and mail access to the library service, Wichita’s customers have the added
benefit of receiving walk-in service from Wichita’s Central branch library. Senior centers, retirement and
nursing homes, special education centers and other agencies also benefit from having subregional staff
locally available to promote and/or present training about this program. The program budget was
reviewed and approved by the Library Board of Directors during its September 18,2007 meeting.

Financial Considerations: The grant includes a base payment with supplemental funds divided by the
share of the statewide service delivery. No local match is required. The Wichita contract for the 2007-
2007 year will be $126,552 a decrease of 0.3% ($344) from the previous year.

Goal Impact: The plan addresses the Quality of Life goal by enabling the Wichita Public Library system
to extend access to information and recreation resources to citizens who do not have the visual or physical
ability to use traditional print materials.

Legal Considerations: The contract has been reviewed and approved by Law Department staff.

Recommendation/Action: It is recommended that the City Council approve the 2007-2008 Talking
Books Service contract and authorize the necessary signatures.




                                                    20
                                                                                     Agenda Item No 4b

                                            City of Wichita
                                         City Council Meeting
                                          September 25, 2007




TO:                     Mayor and City Council Members

SUBJECT:                Supplemental Agreement for Construction Engineering for Hillside Bridge at
                        Range Road (District III)

INITIATED BY:           Department of Public Works

AGENDA:                 Consent


Recommendation: Approve the Supplemental Agreement.

Background: On May 4, 2004, the City entered into an Agreement with Cook, Flatt & Strobel
Engineers, P.A. (CF&S) for designing a plan to rehabilitate the Hillside Bridge at Range Road. The fee
was $27,000. Further engineering review revealed that it would be more economical in the long run to
replace the bridge rather than rehabilitate it. On February 14, 2006, the City approved a Supplemental
Agreement for the additional design services to completely replace the bridge. The fee was $13,660. The
Design Agreement with CF&S requires CF&S to provide construction engineering and staking services if
requested by the City.

Analysis: The proposed Supplemental Agreement between the City and CF&S provides for construction
engineering the bridge. Due to the current workload created by previous projects, City crews are not
available to perform the construction engineering for this project.

Financial Considerations: Payment to CF&S will be on an hourly basis not to exceed $96,730 and will
be paid by General Obligations Bonds and Federal funds.

Goal Impact: This project addresses the Efficient Infrastructure goal by improving traffic flow through a
major traffic corridor.

Legal Considerations: The Supplemental Agreement has been approved as to form by the Law De-
partment.

Recommendation/Action: It is recommended that the City Council approve the Supplemental Agree-
ment and authorize the necessary signatures.

Attachments: Supplemental Agreement




                                                   21
                                   SUPPLEMENTAL AGREEMENT

                                              TO THE

                AGREEMENT FOR PROFESSIONAL SERVICES DATED MAY 4, 2004

                                             BETWEEN

                                  THE CITY OF WICHITA, KANSAS

                     PARTY OF THE FIRST PART, HEREINAFTER CALLED THE

                                               "CITY"

                                                AND

                            COOK, FLATT & STROBEL ENGINEERS, P.A.

                   PARTY OF THE SECOND PART, HEREINAFTER CALLED THE

                                            "ENGINEER"




WITNESSETH:

    WHEREAS, there now exists a Contract (dated May 4, 2004) between the two parties covering
engineering services to be provided by the ENGINEER in conjunction with the construction of
improvements to the HILLSIDE BRIDGE AT RANGE ROAD (Project No. 472 84000, OCA #715701).

     WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be
performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered
into by the parties, and

     WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required
for the PROJECT and receive additional compensation (as revised herein):

   NOW THEREFORE, the parties hereto mutually agree as follows:

A. PROJECT DESCRIPTION
     The description of the improvements that the CITY intends to construct and thereafter called the
"PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the
following:
                                    CONSTRUCTION ENGINEERING
                (as per the City of Wichita Standard Construction Engineering Practices)
                                  HILLSIDE BRIDGE AT RANGE ROAD
                                (Project No. 472 84395, OCA No. 715711)

B. PAYMENT PROVISIONS
     The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as
follows:




                                                 22
   Payment to the ENGINEER for the performance of the professional services as outlined in this
supplemental agreement shall be made on an hourly basis, with a maximum fee not to exceed
$96,730.00.

D. PROVISIONS OF THE ORIGINAL CONTRACT
   The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not
specifically modified by this Supplemental Agreement, shall remain in force and effect.

   IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental
Agreement as of this __________ day of ____________________, 2007.



                                                  BY ACTION OF THE CITY COUNCIL


                                                  __________________________________
                                                  Carl Brewer, Mayor


ATTEST:


_________________________________
Karen Sublett, City Clerk


APPROVED AS TO FORM:


_________________________________
Gary Rebenstorf, Director of Law

                                                  COOK, FLATT AND STROBEL ENGINEERS, P.A.


                                                  __________________________________
                                                        (Name and Title)


ATTEST:


_________________________________




                                                   23
                                                                                       Agenda Item No 4c

                                             City of Wichita
                                          City Council Meeting
                                           September 25, 2007




TO:                     Mayor and City Council Members

SUBJECT:                Supplemental Agreement for Staking & Construction Engineering in Willow
                        Creek East Addition (east of Greenwich, south of Harry) (District IV)

INITIATED BY:           Department of Public Works

AGENDA:                 Consent


Recommendation: Approve the Supplemental Agreement.

Background: The City Council approved the drainage improvements in Willow Creek East Addition on
March 13, 2007. On April 24, 2007 the City approved an Agreement with Ruggles & Bohm, P.A. to de-
sign the improvements. The Design Agreement with Ruggles & Bohm requires Ruggles & Bohm to pro-
vide construction engineering and staking services if requested by the City.

Analysis: The proposed Supplemental Agreement between the City and Ruggles & Bohm provides for
staking and construction engineering the improvements. Due to the current workload created by previous
projects, City crews are not available to perform the staking and construction engineering for this project.

Financial Considerations: Payment to Ruggles & Bohm will be on a lump sum basis of $24,600 and
will be paid by special assessments.

Goal Impact: This Supplemental Agreement addresses the Efficient Infrastructure goal by providing the
engineering services needed for the construction of drainage improvements in a new subdivision. It also
addresses the Economic Vitality and Affordable Living goal by providing public improvements in new
developments that are vital to Wichita's continued economic growth.

Legal Considerations: The Supplemental Agreement has been approved as to form by the Law De-
partment.

Recommendation/Action: It is recommended that the City Council approve the Supplemental Agree-
ment and authorize the necessary signatures.

Attachments: Supplemental Agreement




                                                    24
                                    SUPPLEMENTAL AGREEMENT

                                                 TO THE

               AGREEMENT FOR PROFESSIONAL SERVICES DATED APRIL 24, 2007

                                               BETWEEN

                                   THE CITY OF WICHITA, KANSAS

                     PARTY OF THE FIRST PART, HEREINAFTER CALLED THE

                                                 "CITY"

                                                  AND

                                        RUGGLES & BOHM, P.A.


                    PARTY OF THE SECOND PART, HEREINAFTER CALLED THE

                                              "ENGINEER"


WITNESSETH:

    WHEREAS, there now exists a Contract (dated April 24, 2007) between the two parties covering en-
gineering services to be provided by the ENGINEER in conjunction with the construction of improvements
in WILLOW CREEK EAST ADDITION (east of Greenwich, south of Harry).

    WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be per-
formed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into
by the parties, and

     WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required
for the PROJECT and receive additional compensation (as revised herein):

   NOW THEREFORE, the parties hereto mutually agree as follows:

A. PROJECT DESCRIPTION
     The description of the improvements that the CITY intends to construct and thereafter called the
"PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the
following:
                  STAKING, TESTING, AS-BUILT AND CONSTRUCTION ENGINEERING
                   (as per the City of Wichita Standard Construction Engineering Practices)

    STORM WATER DRAIN NO. 322 serving Lots 1 through 26, Block 1; Lots 1 through 11, Block 2;
    Lots 1 through 12, Block 3; Lots 1 through 6, Block 4, Willow Creek East Addition and Unplatted
    Tract A (adjacent to Block 3, Willow Creek East Addition) and Unplatted Tract B (adjacent to Block 2,
    Willow Creek East Addition) (east of Greenwich, south of Harry) (Project No. 468 84339).

    Construction staking, testing and final as-built of all areas included in the project mass grading plan
    will be the responsibility of the ENGINEER, with final as-built plans submitted and sealed by a li-
    censed land surveyor or registered professional engineer. Minimum construction staking shall con-
    sist of the following: grade stakes set at 50 foot centers in tangent sections, and 25 foot centers
    through curve sections, at the street centerline (to match CL street stationing per paving plans); both




                                                    25
    right-of-way lines (at lot corners); back lot/easement lines (at lot corners); as well as any other grade
    break lines. Grade stake cuts and fills shall be to the dirt grade as required by the mass grading plan
    details, and shall not be set for final pavement grade, nor to actual final subgrade elevation. Final
    elevations for all areas outside the street right-of-way to be graded per plans, provisions or other-
    wise, including lots, easements, ponds and reserve areas, shall be within +/-0.2’ of plan call-outs,
    unless otherwise stated in plans or provisions. Final elevations within the street right-of-way shall be
    within +/-0.1’ of plan call-outs. The ENGINEER will be responsible to provide initial as-built(s) to the
    City’s Project Engineer, who will coordinate any rework with the contractor. The ENGINEER’S sur-
    vey and as-built generation responsibilities will include re-checking all points deemed to be out of
    compliance by the City project engineer, regardless of the number of times to achieve compliance.
    Two copies of the project specific mass grading and pond construction plan sheets will be submitted
    to the Project Engineer within 5 days of completion of final grading, will show original plan and final
    as-built elevations at all original call-out locations. Submittals will include both standard plan sheets
    as well as an electronic file.

B. PAYMENT PROVISIONS
     The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as
follows:
     Payment to the ENGINEER for the performance of the professional services as outlined in this sup-
     plemental agreement shall be made on the basis of the lump sum fee specified below:

                                   468 84339                 $24,600.00
C. PROVISIONS OF THE ORIGINAL CONTRACT
   The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not
specifically modified by this Supplemental Agreement, shall remain in force and effect.

   IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agree-
ment as of this __________ day of ____________________, 2007.

                                                                 BY ACTION OF THE CITY COUNCIL


                                                                 ______________________________
                                                                 Carl Brewer, Mayor
ATTEST:


_________________________________
Karen Sublett, City Clerk

APPROVED AS TO FORM:


_________________________________
Gary Rebenstorf, Director of Law
                                                                RUGGLES & BOHM, P.A.


                                                                ______________________________
                                                                   (Name & Title)
ATTEST:


_________________________________




                                                     26
                                                                                   Agenda Item No 5a

                                           City of Wichita
                                        City Council Meeting
                                         September 25, 2007




TO:                    Mayor and City Council Members

SUBJECT:               Agreement for Design Services for Tara Creek & Casa Bella Additions (north of
                       Pawnee, west of 127th Street East) (District II)

INITIATED BY:          Department of Public Works

AGENDA:                Consent


Recommendation: Approve the Agreement.

Background: The City Council approved the water, sanitary sewer, drainage, and paving improvements
in Tara Creek & Casa Bella Additions on June 6, 2007.

Analysis: The proposed Agreement between the City and Ruggles & Bohm, P.A. provides for the design
of bond financed improvements consisting of water, sanitary sewer, drainage, and paving in Tara Creek &
Casa Bella Additions. Per Administrative Regulation 1.10, staff recommends that Ruggles & Bohm be
hired for this work, as this firm provided the preliminary engineering services for the platting of the
subdivision and can expedite plan preparation.

Financial Considerations: Payment to Ruggles & Bohm will be on a lump sum basis of $60,600 and
will be paid by special assessments.

Goal Impact: This Agreement addresses the Efficient Infrastructure goal by providing the engineering
design services needed for the construction of water, sanitary sewer, drainage, and paving improvements
in a new subdivision. It also addresses the Economic Vitality and Affordable Living goal by providing
public improvements in new developments that are vital to Wichita's continued economic growth.

Legal Considerations: The Agreement has been approved as to form by the Law Department.

Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize
the necessary signatures.

Attachments: Agreement.




                                                  27
                                                AGREEMENT


                                                      for


                                        PROFESSIONAL SERVICES


                                                   between


                                     THE CITY OF WICHITA, KANSAS


                                                     and


                                          RUGGLES & BOHM, P.A.


                                                      for


                                TARA CREEK & CASA BELLA ADDITIONS


          THIS           AGREEMENT,             made     this     ________________            day          of
_____________________________________, 2007, by and between the CITY OF WICHITA, KANSAS, party of
the first part, hereinafter called the “CITY” and RUGGLES & BOHM, P.A., party of the second part, hereinafter
called the “ENGINEER”.
          WITNESSETH: That
          WHEREAS, the CITY intends to construct;

        WATER DISTRIBUTION SYSTEM NO. 448 90297 serving Lots 13 through 30, Block 1; Lots 1
        through 8, Block 2, Tara Creek Addition (north of Pawnee, west of 127th Street East) (Project No. 448
        90297).

        LATERAL 4, MAIN 18, FOUR MILE CREEK SEWER serving Lots 9 through 30, Block 1; Lots 1
        through 9, Block 2, Tara Creek Addition (north of Pawnee, west of 127th Street East) (Project No. 468
        84357).

        STORM WATER DRAIN NO. 327 serving Lots 1 through 30, Block 1, Lots 1 through 16, Block 2, Tara
        Creek Addition; Lots 1 through 43, Block 1; Lots 1 through 7, Block 2; Lots 1 through 9, Block 3; Lots 1
        through 35, Block 4, Casa Bella Addition and Unplatted Tract A (north of Pawnee, west of 127th Street
        East) (Project No. 468 84358).

        CHERRY CREEK from the west line of 127th Street East to the west line of Lot 8, Block 2; CHERRY
        CREEK COURT from the north line of Cherry Creek to and including cul-de-sac; CHERRY CREEK
        COURT from the north line of Cherry Creek to and including cul-de-sac (north of Pawnee, west of 127th
        Street East) (Project No. 472 84557).

        NOW, THEREFORE, the parties hereto do mutually agree as follows:

I.      SCOPE OF SERVICES
        The ENGINEER shall furnish professional services as required for designing improvements in Tara Creek
        and Casa Bella Additions and to perform the PROJECT tasks outlined in Exhibit A.


                                                      28
II.   IN ADDITION, THE ENGINEER AGREES
      A. To provide the various technical and professional services, equipment, material and transportation to
          perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A).
      B. To attend meetings with the City and other local, state and federal agencies as necessitated by the
          SCOPE OF SERVICES.
      C. To make available during regular office hours, all calculations, sketches and drawings such as the
          CITY may wish to examine periodically during performance of this agreement.
      D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or
          property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents,
          servants, employees, or subcontractors occurring in the performance of its services under this contract.
      E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs
          incurred by ENGINEER and, where relevant to method of payment, to make such material available to
          the CITY.
      F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work,
          including Title VI of the Civil Rights Act of 1964, and to comply with the CITY’S Affirmative Action
          Program as set forth in Exhibit “B” which is attached hereto and adopted by reference as though fully
          set forth herein.
      G. To accept compensation for the work herein described in such amounts and at such periods as
          provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all
          work performed, equipment or materials used and services rendered in connection with such work.
      H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in
          accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for
          delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable
          delays beyond control of the ENGINEER.
      I. Covenants and represents to be responsible for the professional and technical accuracies and the
          coordination of all designs, drawings, specifications, plans and/or other work or material furnished by
          the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all
          designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its
          agents, employees and subcontractors, under this agreement, including any additions, alterations or
          amendments thereof, shall be free from negligent errors or omissions.
      J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages
          resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors
          in the performance of the professional services rendered under this agreement. Such policy of
          insurance shall be in an amount not less than $500,000.00 subject to a deductible of $5,000.00. In
          addition, a Workman’s Compensation and Employer’s Liability Policy shall be procured and
          maintained. This policy shall include an “all state” endorsement. Said insurance policy shall also
          cover claims for injury, disease or death of employees arising out of and in the course of their
          employment, which, for any reason, may not fall within the provisions of the Workman’s
          Compensation Law. The liability limit shall be not less than:

                                  Workman’s Compensation – Statutory
                              Employer’s Liability - $500,000 each occurrence.

         Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER
         that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising
         from injuries to persons (other than ENGINEER’S employees) or damage to property of the CITY or
         others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or
         subcontractors in the performance of the professional services under this agreement. The liability limit
         shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage.
         Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts
         any work under this agreement. In addition, insurance policies applicable hereto shall contain a
         provision that provides that the CITY shall be given thirty (30) days written notice by the insurance
         company before such policy is substantially changed or canceled.
      K. To designate a Project Manager for the coordination of the work that this agreement requires to be
         performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as
         Project Manager not later than five (5) days following issuance of the notice to proceed on the work


                                                      29
           required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person
           designated Project Manager. Written notification shall be provided to the CITY for any changes
           exceeding one week in length of time.

III.   THE CITY AGREES:
       A. To furnish all available data pertaining to the PROJECT now in the CITY’S files at no cost to the
          ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER.
       B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility
          of the ENGINEER, except as specified in Exhibit A.
       C. To pay the ENGINEER for his services in accordance with the requirements of this agreement.
       D. To provide the right-of-entry for ENGINEER’S personnel in performing field surveys and inspections.
       E. To designate a Project Manager for the coordination of the work that this agreement requires to be
          performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as
          Project Manager with the issuance of the notice to proceed on the work required by this agreement.
          The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project
          Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one
          week in length of time.
       F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents
          presented by ENGINEER in a timely fashion.

IV.    PAYMENT PROVISIONS
       A. Payment to the ENGINEER for the performance of the professional services required by this
          agreement shall be made on the basis of the lump sum fee amount specified below:

                                    Project No. 448 90297      $ 4,300.00
                                    Project No. 468 84357      $10,200.00
                                    Project No. 468 84358      $29,600.00
                                    Project No. 472 84557      $16,500.00
                                    TOTAL                      $60,600.00

       B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for
          additional services related to the PROJECT such as, but not limited to:
          1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal
              proceedings related to the PROJECT.
          2. Additional design services not covered by the scope of this agreement.
          3. Construction staking, material testing, inspection and administration related to the PROJECT.
          4. A major change in the scope of services for the PROJECT.
          If additional work should be necessary, the ENGINEER will be given written notice by the CITY
          along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance
          of such additions. No additional work shall be performed nor shall additional compensation be paid
          except on the basis of a Supplemental Agreement duly entered into by the parties.

V.     THE PARTIES HERETO MUTUALLY AGREE:
       A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in
          the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER’S
          inability to proceed with the work.
       B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall
          become the property of the CITY upon completion or termination of the ENGINEER’S services in
          accordance with this agreement; and there shall be no restriction or limitation on their further use by
          the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims,
          damages or causes of action which arise out of such further use when such further use is not in
          connection with the PROJECT.
       C. That the services to be performed by the ENGINEER under the terms of this agreement are personal
          and cannot be assigned, sublet or transferred without specific consent of the CITY.



                                                      30
        D. In the event of unavoidable delays in the progress of the work contemplated by this agreement,
           reasonable extensions in the time allotted for the work will be granted by the CITY, provided,
           however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor.
        E. It is further agreed that this agreement and all contracts entered into under the provisions of this
           agreement shall be binding upon the parties hereto and their successors and assigns.
        F. Neither the CITY’S review, approval or acceptance of, nor payment for, any of the work or services
           required to be performed by the ENGINEER under this agreement shall be construed to operate as a
           waiver of any right under this agreement or any cause of action arising out of the performance of this
           agreement.
        G. The rights and remedies of the CITY provided for under this agreement are in addition to any other
           rights and remedies provided by law.
        H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the
           provisions of any part of this contract to create the public or any member thereof a third party
           beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages
           pursuant to the terms or provisions of this contract.

         IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first
written above.

                                                          BY ACTION OF THE CITY COUNCIL


                                                          ___________________________________________
                                                          Carl Brewer, Mayor

SEAL:

ATTEST:


____________________________________________
Karen Sublett, City Clerk


APPROVED AS TO FORM:


____________________________________________
Gary Rebenstorf, Director of Law


                                                          RUGGLES & BOHM, P.A.


                                                        ___________________________________________
                                                                (Name & Title)

ATTEST:


____________________________________________




                                                         31
EXHIBIT “A”
                                         SCOPE OF SERVICES

    The ENGINEER shall furnish engineering services as required for the development of plans, supplemental
specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City
Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22” x 36” Mylar sheets.

    In connection with the services to be provided, the ENGINEER shall:

A. PHASE I – PLAN DEVELOPMENT
   When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary
   design concepts approved by the CITY.
   1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as
       required for the engineering design. Utility companies shall be requested to flag or otherwise locate their
       facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the
       PROJECT. Utility information shall be clearly noted and identified on the plans.
   2. Soils and Foundation Investigations. The CITY’S Engineering Division of the Department of Public
       Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY
       may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and
       soils investigations for the PROJECT, which shall be reported in the format and detail required by the City
       Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and
       competence of their work. The ENGINEER’S contract with the Testing Laboratory shall provide that the
       Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of
       soils and boring investigations shall be passed directly to the City of Wichita.
   3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City
       Engineer or his designated representative prior to progressing to detail aspects of the work unless waived
       by the City Engineer.
   4. Drainage Study. Conduct a detailed study to explore alternative design concepts concerning drainage for
       the PROJECT. Present the findings in writing identifying recommendations to the CITY, including
       preliminary cost estimates, prior to development of final check plans. Such written findings and
       recommendations must be in a format which is self explanatory and readily understood by persons with
       average backgrounds for the technology involved.
   5. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans
       will include incidental drainage where required and permanent traffic signing. The PROJECT’S plans and
       proposed special provisions shall address the requirements included in the City’s Administrative
       Regulations 78, “Cleanup, Restoration or Replacement Following Construction.” Also, final plans, field
       notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3
       ½”), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files
       or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary
       concept development phase of the design work. Text fonts other than standard AutoCAD files are to be
       included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of
       the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format.
   6. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient
       reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated
       with marking the additional right-of-way easements. This shall include the setting monuments of new
       corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations.
       Engineer shall investigate the need for and obtain all necessary permits, as required by the City, Sedgwick
       County, and all regulatory agencies. This will include the Notice of Intent/SWPPP submittal to the KDHE
       for all projects disturbing more than one acre. Permit fees will be paid by the City.
   7. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations
       to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate
       resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on
       plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility
       conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each


                                                        32
      involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor
      to resolve any conflicts with utilities that occur during construction that were not identified and
      coordinated during design.
8.    Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for
      prospective bidders.
9.    All applicable coordinate control points and related project staking information shall be furnished on a 3-
      1/2” diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be
      used by the CITY for construction staking purposes.
10.   All shop drawings submitted by the contractor for the PROJECT shall be reviewed and, when acceptable,
      approved for construction by the ENGINEER for the PROJECT.
11.   The ENGINEER shall meet with effected property owners, along with City staff, at a pre-construction
      Public Information Meeting, as arranged by the City, to explain project design, including such issues as
      construction phasing and traffic control.
12.   The Engineer shall complete permanent monumentation of all new R/W, complete and submit all necessary
      legal documentation for same.
13.   Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time
      allotted for the PROJECTS as stipulated below.
      a. Plan Development for the water improvements by 10/1/07. (Project No. 448 90297).
      b. Plan Development for the sewer improvements by 10/1/07. (Project No. 468 84357).
      c. Plan Development for the drainage improvements by 10/1/07. (Project No. 468 84358).
      d. Plan Development for the paving improvements by 10/1/07. (Project No. 472 84557).




                                                     33
                                                                                       Agenda Item No 6a

                                             City of Wichita
                                          City Council Meeting
                                           September 25, 2007




TO:                      Mayor and City Council Members

SUBJECT:                 Change Order: River Corridor Improvements (District VI)

INITIATED BY:            Department of Public Works

AGENDA:                  Consent


Recommendation: Approve the Change Order.

Background: On April 5, 2005, the City Council approved a construction contract with Dondlinger and
Sons Construction Company for River Corridor improvements to the Keeper of the Plains and the area
along the east bank of the Little Arkansas River. A new entrance was constructed to allow westbound
traffic on Central to access the Keeper of the Plains parking lot on the east bank. Prior to this, only right
turns in and right turns out were possible. Also, improvements to the lighting for the USS Wichita were
added.

Analysis: A Change Order has been prepared for the additional work. Funding is available within the
project budget.

Financial Considerations: The total cost of the additional work is $57,921 with the total paid by General
Obligation Bonds and Federal Grants. The original contract amount is $20,595,000. This Change Order
plus previous change orders represents 1.28% of the original contract amount.

Goal Impact: This project addresses the Dynamic Core Area goal by enhancing the appearance and
improving pedestrian access to the River Corridor.

Legal Considerations: The Law Department has approved the Change Order as to legal form. The
Change Order amount is within the 25% of construction contract cost limit set by City Council policy.

Recommendation/Action: It is recommended that the City Council approve the Change Order and
authorize the necessary signatures.

Attachment: Change Order.




                                                     34
                                                                                             July 3, 2007
PUBLIC WORKS-ENGINEERING                                                                 CHANGE ORDER
To: Dondlinger & Sons                                     Project: Wichita River Corridor Improv. Proj.
                                                                    and Cable Stayed Pedestrian Bridges
                                                                   over Big and Little Arkansas Rivers
Change Order No.: 27                                      Project No.: 87TE-0176-01/472-82799
Purchase Order No.: 500600                                OCA No.: 706556/715691
CHARGE TO OCA No.: 706556                                 PPN: 405209/242107

Please perform the following extra work at a cost not to exceed $57,920.83

The parking lot on the eastbank of the Little Arkansas river to serve the Keeper of the Plains area has no
access for westbound Central traffic. It is recommended to move the entrance to the Nims and Central
intersection to improve access. Building Services requests a gate and concrete steps for improved
maintenance access to the water intake structure and modifying screens. An additional light fixture is
required to provide more illuminuation to the USS Wichita Wall. Modify Central and Nims intersection
to allow all turns from Central and Nims traffic and provide drive with access road to existing parking lot.
(See attached)


 CIP Budget Amount: $19,427,261.94 (706556)                     Original Contract Amt.: $20,595,000.00
                      $ 8,478,056.54 (715691)
 Consultant: Law-Kingdon                                        Current CO Amt.: $57,920.83
 Total Exp. & Encum. To Date: $ 18,397,640.55 (706556)          Amt. of Previous CO’s: $206,546.07
                               $ 8,473,295.01 (715691)          Total of All CO’s: $264,466.90
 CO Amount: $57,920.83                                          % of Orig. Contract / 25% Max.: 1.28%
 Unencum. Bal. After CO: $ 971,700.56 (706556)                  Adjusted Contract Amt.: $20,859,466.90
                         $     4,761.53 (715691)

Recommended By:                                              Approved:
______________________ ______                               ________________________ ______
Stan Breitenbach, P.E.          Date                         Jim Armour, P.E.                   Date
Special Projects Engineer                                    City Engineer

Approved:                                                    Approved:
______________________ ______                                _______________________ ______
Contractor                      Date                          Chris Carrier, P.E.                Date
                                                              Director of Public Works

Approved as to Form:                                         By Order of the City Council:

_______________________ ______
Gary Rebenstorf                  Date                        Carl Brewer                        Date
Director of Law                                              Mayor

                                                            Attest:____________________________
                                                                   City Clerk




                                                     35
                                                                            Agenda Item No 14

                                             City of Wichita
                                          City Council Meeting
                                           September 25, 2007


TO:                       Mayor and City Council

SUBJECT:                  City Hall Fire Loss

INITIATED BY:             Finance Department

AGENDA:                   Consent


Recommendation: Approve the budget adjustment, transfers and new project.

Background: On September 17, 2007, an explosion and fire occured in the City Hall building. It
appears that the event will be an insured loss. However, expenditures are necessary immediately to
ensure the functionality of City Hall.

Analysis: Staff are still evaluating the loss caused by the fire. Preliminarily, the estimated loss could be
as high as $950,000. These expenditures will likely be incurred prior to year-end, but may span City fiscal
years. It is anticipated that insurance will cover the loss, subject to a policy deductible of $100,000. To
facilitate a full recovery from the city’s insurance carrier, costs associated with the loss should be
recorded in a new City Hall repair project account.

Financial Considerations: Based on preliminary estimates, project expenditure authority of $950,000 is
requested. To fund the anticipated deductible payment, a transfer of up to $100,000 either from the
General Fund approproprated reserves or Self Insurance Fund reserves. All other expenditures will be
funded either through anticipated insurance proceeds, or transfers from the Self Insurance Fund.

Goal Impact: Repairing the insured loss will help insure that City infrastructure is maintained and
operational.

Legal Considerations: Budget adjustments over $25,000 require Council approval.

Recommendations/Actions: It is recommended that the City Council approve the creation of the City
Hall repair project and approve any necessary budget adjustments and transfers.




                                                    36
                                                                           Agenda Item No 8


                                            City of Wichita
                                         City Council Meeting
                                          September 25, 2007


TO:                       Mayor and City Council

SUBJECT:                  Commodities Budget Adjustment

INITIATED BY:             Police Department

AGENDA:                   Consent


Recommendation: Approve the budget adjustment.

Background: The Police Department purchases ammunition for training and practice for police officers.
Officers qualify semiannually and are also provided up to 600 rounds annually for practice by contract.
Recruits also consume ammunition during the firearms training portion of recruit training. SWAT has
specialized ammunition needs. In addition, officers are issued duty ammunition.

Analysis: The domestic market for ammunition has experienced supply constraints in recent months. To
ensure an adequate supply of ammunition, orders must be placed this fall, for delivery next spring. This
timing difference on ammunition ordering will accelerate expenditures that ordinarily would have been
budgeted in 2008 instead into 2007. In addition, the price of ammunition has also been increasing, due to
increased demand.

Financial Considerations: The Police Department budget includes $70,000 annually for ammunition
purchases. To ensure availabilty of ammunition for the Police Training Bureau, approximately $40,000
in purchases initially scheduled for 2008 will be shifted instead to 2007. The Police Department
commodities budget will most likely be able to absorb the additional ammunition costs. However, to
avoid delaying the delivery of ammunition and any potential year end budget issues this purchase may
create, approval of the budget adjustment from Police underexpenditures in other line items is requested.

Goal Impact: The Police Training Bureau enhances employee knowledge, skills and safety, by
providing firearms training and semiannual qualifications. This also supports the policing strategies that
provide for a Safe and Secure community.

Legal Considerations: Budget adjustments over $25,000 require Council approval.

Recommendations/Actions: It is recommended that the City Council approve the budget adjustment.




                                                   37
                                                                                        Agenda Item No 9

                                             City of Wichita
                                          City Council Meeting
                                           September 25, 2007


TO:                     Mayor and City Council
SUBJECT:                M-Well Repairs - Approval of CIP
INITIATED BY:           Water Utilities
AGENDA:                 Consent




Recommendation: Authorize Staff to proceed with a project to repair public water supply wells.

Background: The City of Wichita has 55 water supply wells located in the Equus Beds Aquifer,
approximately 25 miles northwest of Wichita. These water supply wells are critical to the City’s water
supply.

Analysis: There are currently four water supply wells, M-10, M-13, M-26 and M-44, that have collapsed
and are no longer capable of producing water. Two wells, M-42 and M-48, have a significant reduction
in performance. In order to restore these as producing wells, they need to be redrilled. Specifications for
redrilling the wells will be based on the design of recharge/recovery wells, so that they can serve as both
production wells and recharge wells as the City’s Aquifer Storage and Recovery Project expands.

Financial Consideration: Capital Improvement Program W-1396, Repairs to M-Wells, includes
$500,000 for M-Well repairs in 2007, which includes redrilling nonproductive wells. It is estimated that
each redrilled well will cost approximately $115,000. The project will be funded from future Water
Utility revenues and reserves and/or a future revenue bond issue.

Goal Impact: The project will Ensure Efficient Infrastructure by assuring that the City is able to utilize
all of its available water rights.

Legal Considerations: The Law Department has approved the Resolution as to form.

Recommendations/Actions: It is recommended that the City Council: 1) authorize the project;
2) approve the expenditure; 3) adopt the Resolution; and 4) authorize the necessary signatures.

Attachments: Resolution
             Notice of Intent




                                                    38
                                          RESOLUTION NO. 07-

          A RESOLUTION OF THE CITY OF WICHITA, KANSAS, DECLARING IT
NECESSARY TO CONSTRUCT, RECONSTRUCT, ALTER, REPAIR, IMPROVE, EXTEND AND
ENLARGE THE WATER UTILITIES OWNED AND OPERATED BY THE CITY, AND TO ISSUE
REVENUE BONDS IN A TOTAL PRINCIPAL AMOUNT WHICH SHALL NOT EXCEED $500,000
EXCLUSIVE OF THE COST OF INTEREST ON BORROWED MONEY, FOR THE PURPOSE OF
PAYING CERTAIN COSTS THEREOF, AND PROVIDING FOR THE GIVING OF NOTICE OF
SUCH INTENTION IN THE MANNER REQUIRED BY LAW.

              WHEREAS, the Governing Body of the City of Wichita, Kansas (the "City"), has
heretofore by Ordinance No. 39-888, adopted May 26, 1987 and published in the official newspaper of
the City on May 29, 1987, as required by law, authorized the combining of the City-owned and operated
municipal water utility and municipal sewer utility thereby creating the "City of Wichita, Kansas Water
and Sewer Utility"; and

               WHEREAS, the Governing Body of the City, has heretofore by Ordinance 47-481, adopted
May 15, 2007 and published in the official newspaper of the City on May 23, 2007, as required by law,
authorizing the name change of the City of Wichita, Kansas, Water and Sewer Utility to now be known as
“Wichita Water Utilities” (herein sometimes referred to as the “Utility”; and

              WHEREAS, the City is authorized under the Constitution and laws of the State of Kansas,
including K.S.A. 10-1201 et seq., ( the “Act”), to issue revenue bonds to construct, reconstruct, alter,
repair, improve, extend and enlarge the Utility;

         THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY
OF WICHITA, KANSAS:

                SECTION 1.            It is hereby found and determined to be necessary and advisable to
construct, reconstruct, alter, repair, improve, extend and enlarge the City of Wichita, Kansas Water
Utilities, such construction, reconstruction, alterations, repairs, improvements, extensions and
enlargements to include, but not be limited specifically to, repair M-Wells (W-1396) (the “Project”). The
total costs of the Project are estimated to be five hundred thousand dollars ($500,000) in 2007 exclusive
of the cost of interest on borrowed money. Available and unencumbered funds of the Utility will be used
to pay a portion of the costs of the Project.

               SECTION 2.           It is hereby found and determined that the construction of the Project
will not cause duplication of any existing water or sewer utility service furnished by a private utility in the
City.

               SECTION 3.           It is hereby found and determined to be necessary and advisable to
issue revenue bonds of the City, in a total principal amount which shall not exceed five hundred thousand
dollars ($500,000) in 2007 exclusive of the cost of interest on borrowed money, under the authority of the
Act, to pay certain costs of the Project, and the expenses of issuing such revenue bonds. Such revenue
bonds shall not be general obligations of the City payable from taxation, but shall be payable from the
revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of such
revenue bonds shall be paid from unencumbered moneys of the Utility which will be available for that
purpose.

                SECTION 4.           It is hereby found and determined to be necessary, before such
revenue bonds can be issued, to publish one time in the City's official newspaper a Notice of the
Governing Body's intention to initiate and complete the Project and to issue such revenue bonds, such
Notice to be in the form which is attached hereto and made a part hereof by reference as though fully set
forth herein. If, within Fifteen (15) days from and after the date of the publication of the Notice, there
shall be filed in the Office of the City Clerk a written protest against the Project and the issuance of the
revenue bonds, which protest is signed by not less than Twenty Percent (20%) of the qualified electors of

                                                      39
the City, then the question of the Project and the issuance of the revenue bonds shall be submitted to the
electors of the City at a special election which shall be called for that purpose as provided by law. If a
sufficient protest to the Project and the issuance of the revenue bonds is not filed within said Fifteen (15)
day period, then the Governing Body shall have the authority to authorize and proceed with the Project
and the sale and issuance of the revenue bonds.

              SECTION 5.            This Resolution shall be in force and take effect from and after its
adoption and approval.

               ADOPTED AND APPROVED by the Governing Body of the City of Wichita, Kansas,
not less than two-thirds of the members voting in favor thereof, on _______________, 2007.




(Seal)                                                           _______________________________
                                                                      CARL BREWER, Mayor
ATTEST:


_______________________________________
    KAREN SUBLETT, City Clerk


APPROVED AS TO FORM:


By_____________________________________
   GARY E. REBENSTORF, Director of Law




                                                     40
OCA:

(Published in the Wichita Eagle, on ________________, 2007.)

NOTICE OF INTENTION TO CONSTRUCT, RECONSTRUCT, ALTER, REPAIR, IMPROVE, EXTEND
 AND ENLARGE THE WATER UTILITIES OWNED AND OPERATED BY THE CITY OF WICHITA,
 KANSAS, AND TO ISSUE REVENUE BONDS, IN A TOTAL PRINCIPAL AMOUNT WHICH SHALL
     NOT EXCEED $500,000, FOR THE PURPOSE OF PAYING CERTAIN COSTS THEREOF.


TO:       THE RESIDENTS OF THE CITY OF WICHITA, KANSAS

         You and each of you are hereby notified that the Governing Body of the City of Wichita, Kansas, by
Resolution No. 07-_______, duly adopted ________, 2007, has found and determined it to be necessary and
declared its intention to construct, reconstruct, alter, repair, improve, extend and enlarge the City of Wichita, Kansas
Water Utilities which is owned and operated by the City, such construction, reconstruction, alterations, repairs,
improvements, extensions and enlargements to include, but not be limited specifically to, repairs to M-Wells (W-
1396) (called the "Project"). The total costs of the Project are estimated to be five hundred thousand dollars
($500,000). The making of the Project will not cause duplication of any existing water or sewer utility service
furnished by a private utility in the City.

     You are hereby further notified that in order to provide financing for certain costs of the Project, the Governing
Body has further found and determined it to be necessary and declared its intention to issue revenue bonds in a total
principal amount which shall not exceed $500,000 under the authority of K.S.A. 10-1201 et seq., as amended and
supplemented. Such revenue bonds shall not be general obligation bonds of the City payable from taxation, but shall
be payable only from the revenues derived from the operations of the Water Utilities. Costs of the Project in excess
of the proceeds of such revenue bonds shall be paid from unencumbered moneys of the City which will be available
for that purpose.

    This Notice of Intent shall be published one time in the official newspaper of the City; and if, within fifteen (15)
days from and after the publication date hereof, there shall be filed in the Office of the City Clerk a written protest
against the Project and the issuance of the revenue bonds, which protest is signed by not less that twenty percent
(20%) of the qualified electors of the City, then the question of the Project and the issuance of the revenue bonds
shall be submitted to the electors of the City at a special election which shall be called for that purpose as provided
by law. If no sufficient protest to the Project and the issuance of the revenue bonds is filed within said fifteen (15)
day period, then the Governing Body shall have the authority to authorize and proceed with the Project and the
issuance of the revenue bonds.

      BY ORDER of the Governing Body of the City of Wichita, Kansas, on _______________, 2007.


          /s/ CARL BREWER, Mayor

ATTEST:
/s/ Karen Sublett, City Clerk




                                                         41
Benefit Eligibility Policy
       Handbook




               1
          42
           TABLE OF CONTENTS

PURPOSE                                     3

EMPLOYEE RESPONSIBLITIES                    4

CITY RESPONSIBILITIES                       4

ELIGIBLE PARTICIPANTS                       5

    Employees                               5
    Eligible Dependents                     5
    Ineligible Dependents                   6

ELIGIBILITY DATE                            7

    Family Status Changes Under HIPAA       7
    Cafeteria Plan Changes                  8
    Late Enrollment                         9

DOCUMENTATION                               9

    Submissions                             9
    Documentation Required                  9

NON-COMPLIANCE                              10

TERMINATION OF COVERAGE                     11

COORDINATION OF BENEFITS                    13




                                        2
                              43
                                           PURPOSE
The Benefits Eligibility Policy defines uniform eligibility requirements for City-sponsored
health benefits including:

            •   Required documentation
            •   Implementation
            •   City and employee responsibilities
            •   Consequences of non-compliance

The Eligibility Policy applies to all present and future benefit plan participants. Covered
statuses include:

            •   Fulltime active employees
            •   Retired employees
            •   Fulltime leave of absence
            •   COBRA participants

If a provision in this policy conflicts with the City’s Plan requirements, the
Plan’s rules will supersede the City’s policy.

Each relevant controlling document, including the specific benefit plan, this statement
of policy and covered Council resolutions, will be interpreted by the City in a manner
intended to conform to applicable statutes, including IRS Section 125 and other
federal/state rules. This policy shall be interpreted in a fashion consistent with its stated intent.
Neither delay in enforcement nor waiver of any provision of this policy will limit the
authority of the City to require compliance with the policy.




                                                 3
                                           44
                          EMPLOYEE RESPONSIBILITIES

Changes in eligibility for active employees and dependents must be communicated to the
Human Resources Office by the deadlines specified in this handbook.

Retiree changes are made in the Pension Management Office, including address changes and
information on coverage of dependents by other employer plans when the spouse is
employed.

New employees will attend a benefit orientation before they begin work. Existing employees
are encouraged to review benefit and enrollment information provided each fall before open
enrollment.


                             CITY RESPONSIBILITIES
The City is responsible for timely processing of documents received and adherence to the
rules of the benefit plans and the City Council. Each department is responsible for sending
accurate termination or other employment status changes to the Human Resources
Department.


                            ELIGIBLE PARTICIPANTS
Qualified employees and lawful dependents are eligible participants.

                             EMPLOYEES

Eligible Employees are:

           •   Full time employees
           •   Former employees continuing coverage under COBRA
           •   Employees on approved leave
           •   Retirees under 65
           •   Elected officials
           •   Part time employees hired before 12/27/86
           •   Certain contract employees
           •   Management interns
           •   Police and Fire Recruits




                                              4
                                        45
                ELIGIBLE DEPENDENTS

Covered dependents must be listed by name on each benefit plan enrollment form. The plans
cover these dependents:

          •   Spouse,
          •   Former spouse as defined by applicable state law or court decree
          •   Dependent child - natural, step, adopted, or under legal guardianship or
              custody, who is:

                  o Younger than 19 or younger than 23 if a full-time student
                                            AND

                  o Dependent on parent for support (eligible to deduct on federal tax
                    return)
                                             AND

                  o Unmarried

          •   Over-age disabled dependent - natural, step, adopted, or under legal
              guardianship or custody:

                  o Age 19 and over
                                                  AND

                  o Unable to work by reason of physical or mental disability
                                             AND

                  o Certified disabled by physician
                                              AND

                  o   Accepted by the insurance carrier
                                              AND

                  o Chiefly dependent on the Employee (or Employee’s spouse)
                                             AND

                  o Unmarried.
                  o
       In some cases, the child of a deceased or over 65-year-old employee may be eligible
       for coverage under city benefit plans.




                                              5
                                       46
              INELIGIBLE DEPENDENTS

Dependents not eligible for health benefit participation are:

        •   Dependents for whom the City has not received documentation of eligibility
            and properly completed enrollment forms before the stated deadlines
                                           OR

        •   Children who, on the employee’s original eligibility date, were 19 years of age
            or older, or 23 years of age or older if a full time student; unless they qualify as
            a overage disabled dependent. Dependents may not be enrolled if he/she is 23
            or older and has never been enrolled unless, on the day the employee is first
            hired by the City, they transfer from other coverage and there is no break in
            coverage longer than 62 days.
                                                OR

        •   Children who turn 19 or 23 if a full-time student, who is not enrolled as an
            over-age disabled dependent
                                              OR

        •   Ineligible former spouses or former stepchildren.
                                             OR

        •   Relatives, other than a natural child, stepchild, adopted child or a child under
            legal guardianship or custody, are not eligible.



                               ELIGIBILITY DATE
    For employees newly eligible by reason of employment or attainment of fulltime
    status, coverage begins the first of the month following the eligibility event, subject to
    submission of enrollment forms within 31 days after the start or full time eligibility,
    and dependent documentation within 45 days after the effective date of the new
    coverage.

    For dependents of eligible employees, coverage begins on the effective date of the
    employee’s coverage.




                                             6
                                      47
                FAMILY STATUS CHANGES UNDER HIPAA

Family status changes defined by the Health Insurance Portability and Accountability Act of
1996 (HIPAA) may permit an employee and dependents to enroll in certain benefit plans
outside the normal open enrollment period.

       1. Loss of Concurrent Coverage. Concurrent coverage is coverage an employee
          had when first eligible to join the City plan. If the employee signed a statement at
          that time that coverage was being declined because of existing health benefit
          coverage, loss of the concurrent coverage can be an eligible family status change.

           After loss of concurrent coverage, City plan coverage begins the date of the loss of
           coverage if:

           •   The concurrent coverage was COBRA and maximum period of COBRA
               coverage was exhausted (for more information about COBRA, contact the
               Human Resources Department).
                                               OR

           •   The concurrent coverage was terminated due to loss of eligibility (as when the
               spouse employed by an employer other than the City of Wichita terminates
               from the other employment) or termination of other employer contributions.
                                               AND

           •   The employee requests enrollment in a City benefit plan within 31 days of the
               end of concurrent coverage, and submits dependent documentation within 45
               days of the effective date of the City coverage.

       2. Marriage: City coverage begins the first of the month following the marriage
          date if:

           •   The employee requests enrollment in a City benefit plan within 31 days of the
               marriage,
                                              AND

           •    documentation is provided within 45 days of the effective date of the spouse’s
               coverage.

       3. Birth, Adoption or Placement for Adoption. City coverage beings on the date
          of the event, if:

           •   enrollment is requested within 60 days of the event.
                                                AND

           •   documentation is submitted within 45 days of the event.

                                              7
                                        48
                              CAFETERIA PLAN CHANGES
Employees can make health, dental and vision premium contributions pre-tax (avoid tax on
the premium paid) by enrolling in the cafeteria plan.

The cafeteria plan’s federal regulations under Internal Revenue Code Section 125 permit mid-
year changes for a variety of family status changes. Generally, the effective date of the
change is the first of the month following the request for enrollment change, if the change is
requested within 31 days of the event.


                                   Family Status Changes
                                     IRC Section 125

                   Status Change                        Enrollment Change

           1. Legal marital status of Spouse       Add for marriage, remove for divorce

           2. Death of spouse                      Remove
           3. Number of dependents                 Change to a new number of
                                                   dependents
           4. Employment - fulltime                Add
           5. Termination                          Remove or COBRA
           6. Work Schedule                        Add, remove or COBRA
           7. Dependent gains qualifications       Add
              as under-age unmarried dependent
           8. Dependent loses qualification    Remove or COBRA
           9. Dependent to COBRA because       Parent can make COBRA
              of age                           premium payments pre-tax under cafeteria
                                               plan
           10. Residence or work site location Can change health plans if move

           11. Court orders coverage               Add dependent(s)
           12. “Significant” change in cost of     Change plans
               coverage
           13. “Significant” change in coverage    Change plans
           14. Spouse become employed              Remove spouse - submit written notice of
                                                   concurrent coverage

           15. Spouse terminates non-City          Add, under conditions in
               employment                          HIPAA, spouse and dependent children

           16. Medicare entitlement                Remove




                                               8
                                        49
                       ENROLLMENT LIMITATIONS
Except for loss of concurrent coverage, marriage or birth, adoption or placement for adoption
of a child, enrollment is to be permitted only during annual open enrollment periods, subject
to timely submission of required documentation.

An employee who declines coverage when initially eligible and does not submit notice of
concurrent coverage can enroll only during annual open enrollment periods. Dependents for
whom proper documentation (marriage license, birth certificate, etc.) is not submitted within
the application period can be enrolled only during annual open enrollment periods.


                                DOCUMENTATION
For active employees, documentation is submitted to the Human Resources Department. The
Pension Management Office handles retiree benefits.

The documentation for eligibility depends on the person’s status.

       1. Employees. A completed enrollment form for each benefit plan for which
          coverage is desired.
       2. Spouses. Completed enrollment forms, and
          • Marriage certificate (recorded by court or state after the ceremony),
                                            OR
          • Copy of joint tax return, verified by the IRS by filing Form 4506,
                                            OR
          • Completed Affidavit of Common Law Marriage.
       3. Children.
          • Employee’s child - a state issued birth certificate.
          • Employee’s adopted child - a state birth certificate or recorded court
             documentation of final adoption. If the adoption is not final, court documents
             indicating pending adoption and placement of the child in the employee’s care.
             Pending adoption documents will not be accepted if they are dated more than
             six months before the proposed enrollment date. Temporary placement orders
             must be replaced before they expire.
          • Employee’s dependant over age 19 who is a full-time student (12 hours
             undergraduate or 9 hours graduate coursework) - an official class schedule, a
             statement from the school showing fees were paid, or letter from the school
             stating that the dependent is enrolled full-time.
          • Employee’s over age dependent (must be disabled, unmarried and dependent
             on the employee) - the proper certification forms, available from Human
             Resources Department. Certification includes medical evidence of disability
             acceptable to the health benefit plan administrator.
          • Legal guardianship or custody - recorded court documents establishing
             guardianship
          • Medical withholding order - recorded court document.



                                              9
                                        50
                             NON-COMPLIANCE
City benefits are available only to qualified Employees, certain former Employees and lawful
dependents. The City’s enforcement of this policy prevents payment of City and employee
contributions to unauthorized persons.


Employees are responsible for notifying the Human Resources Department immediately when
a dependent becomes ineligible for any reason. If found to be misusing employee benefits,
the City can subject an employee to disciplinary action, including:

           •   Loss of coverage, including COBRA continuation coverage or the right to
               COBRA continuation coverage
           •   Repayment of unauthorized premiums
           •   Restitution to the benefit claim fund or the providers of benefits
           •   Suspension
           •   Termination


                        TERMINATION OF COVERAGE

These events terminate coverage under City benefit plans:


       1. Continuing employee drops coverage. If an employee drops coverage while
          continuing to be employed by the City, coverage will end on the last day of the
          month for which premium contributions have been made.

       2. Terminating Employment. Payroll deductions are made for the employee’s
          portion of premium one month in advance. For terminating employees, coverage
          ends the last day of the month for which both biweekly premium contributions
          have been made. An employee terminating with one pay period deduction for the
          coming month paid will have the deduction refunded, and the coverage will end on
          the last day of the current month. Employees should call the Human Resources
          Department for the specific date.

       3. At age 65. Coverage ceases when a covered person who is not an active employee
          reaches age 65.

       4. Dependent age 23. When a dependent that is not disabled attains age 23, City
          plan coverage terminates on the first of the next month, unless COBRA
          continuation is elected.




                                             10
                                       51
5. COBRA Continuation Coverage.
   Persons covered by the health plan can usually continue coverage after the
   occurrence of certain COBRA qualifying events. Some of the events that cause a
   person to lose regular coverage, but make them eligible for COBRA continuation,
   are:

   a)   Employee termination or loss of fulltime status;
   b)   Dependent reaching age 23 or getting married before age 23;
   c)   Employee death, where there are covered survivors; or
   d)   Divorce or legal separation.

   Event a) requires the City to provide timely notice to eligible persons at the
   address on file with the City. They are eligible to continue coverage at their own
   expense for up to 18 months from the date of the event that qualified them to
   continue.

   Events b), c) and d) require the employee to provide notice to the City, which must
   then offer the continuation right for up to 36 months.

   A detailed explanation of COBRA rights is available from the Human Resources
   Department.

6. Military Service. When an employee covered by a City plan goes on Military
   Leave for more than 30 days, coverage terminates on the first day of military duty.
   When the employee returns to work after separation from military service,
   coverage begins on a schedule that provides for no gap in coverage, if the
   employee returns to work within the time limits allowed for Military Leave.

7. Leaves of Absence. Coverage that would normally end at the beginning of an
   approved unpaid leave of absence (on the first of a month for which two pay
   period employee withholdings had not been made) can be continued at the
   employee’s expense. Leave taken under the provisions of the Family and Medical
   Leave Act of 1993 will entitle the employee to continue to receive City
   contributions toward active employee health benefit premiums, as long as the
   employee portion of the premium is paid by the Employee. Please contact Human
   Resources Department for additional information regarding coverage during
   Leaves of Absence.

8. Retirement. Employees who are enrolled in the health insurance plan at their
   termination date and who retire before age 60 and elect to remain in the health
   insurance plan, pay 100% of premiums until they reach age 60. Employees who
   retire between age 60 and 65 pay 75% of the premium to age 65, at which time
   City plan coverage ceases. (See exception below).

   When a retiree with Family coverage reaches age 65 and the retiree’s coverage
   ceases, the spouse may continue coverage until reaching age 65, by paying 100%
   of premium. Spouses who turn 65 are no longer eligible for City coverage even if
   their spouse-retiree is younger.


                                      11
                                52
            Exception to retiree-coverage ending at age 65. If a retiree turning 65 has a
            dependent child who is covered, the retiree can continue family coverage in the
            City plan beyond age 65 by paying 100% of the family premium. Claims on the
            retiree over age 65 must be submitted to Medicare or other applicable insurance
            before they can be submitted to the City plan.

       9. Disability. Employees granted disability retirement continue coverage to age 65
          by paying the same share of premium paid during regular retirement.

       10. Deferred Retiree Coverage. A vested employee who terminates employment
           with the City and defers retirement can continue to be covered as long as the
           retiree was enrolled for coverage at the time the employee’s employment
           terminated, the employee remains enrolled, and premiums are paid. When an
           employee defers retirement and does not continue coverage, there is no future
           coverage available for the employee, retiree, spouse or dependents when the
           employee’s retirement becomes effective.


                       COORDINATION OF BENEFITS

In a family where both spouses are employed by the City, claims are adjusted as if each had
single coverage. When the spouse of a City employee is employed by an employer other than
the City, City employee will provide the following:

       1.   Name and phone number of the employer
       2.   Name of health, prescription and vision plans
       3.   Policy numbers of each plan
       4.   Coverage level (single or family)

Filing a claim with two employee benefit plans, sponsored by different employers, can be
construed as insurance fraud, unless each employer is provided the information listed above.

Under the coordination of benefit provision of City plans, the City will be the secondary payer
for the spouse employed outside the City. The claimant is entitled to recovery of no more
than their covered claim cost through payments made by both plans.

Claim payments on dependent children covered by two plans are shared between the two
plans so that benefits do not exceed the claimant’s cost of covered service.




                                              12
                                        53
  Group Health Benefit Plan



Medical and Prescription Drug
 Summary Plan Description




      Effective January 1, 2007




                54
                                                      TABLE OF CONTENTS

INTRODUCTION.................................................................................................................................. 5

SCHEDULE OF BENEFITS ................................................................................................................. 6

DEFINITIONS ..................................................................................................................................... 11

USING YOUR BENEFITS.................................................................................................................. 26

   Membership Identification (“ID”) Card........................................................................................... 26
   Health Services Rendered by Participating Providers...................................................................... 26
   Coverage for Services by Non-Participating Providers ................................................................... 26
   Non-Participating Provider Fees ...................................................................................................... 27
   Non-Participating Physician and Other Health Care Professional Fees........................................... 27
   Non Participating Facility Fees........................................................................................................ 27
   Pre-Certification............................................................................................................................... 28
   Second Opinion Policy..................................................................................................................... 28
   Copayments, Coinsurance and Deductibles ..................................................................................... 28
   How to Contact The Plan ................................................................................................................. 29
   Plan Has Authority to Grant Coverage ............................................................................................ 29

ELIGIBILITY, ENROLLMENT AND EFFECTIVE DATES ............................................................ 30

   Subscriber Eligibility ....................................................................................................................... 30
   Dependent Eligibility ....................................................................................................................... 30
   Retirees ............................................................................................................................................ 31
   Persons Not Eligible to Enroll.......................................................................................................... 31
   Enrollment........................................................................................................................................ 32
   Special Enrollment........................................................................................................................... 32
   Effective Date .................................................................................................................................. 33
   Member Effective Date for Dependents .......................................................................................... 34

TERMINATION OF COVERAGE ..................................................................................................... 36

CONTINUATION RIGHTS ................................................................................................................ 38

   COBRA............................................................................................................................................ 38




           City of Wichita SPD 2007.01.01                                                                                                         2
           CHC-KS Compliance/JES                                        55
   FMLA .............................................................................................................................................. 40

IMPORTANT NOTICES..................................................................................................................... 42

   Women’s Health and Cancer Rights ................................................................................................ 42
   Newborns’ and Mothers’ Health Protection Act.............................................................................. 42
   Military Leave of Absence............................................................................................................... 42
   Family and Medical Leave of Absence............................................................................................ 42
   Medicare Part D ............................................................................................................................... 43

COVERED SERVICES ....................................................................................................................... 45

EXCLUSIONS AND LIMITATIONS................................................................................................. 53

COORDINATION OF BENEFITS...................................................................................................... 60

   COB Definitions .............................................................................................................................. 60
   Order of Benefit Determination ....................................................................................................... 61
   Effect On The Benefits of the Plan .................................................................................................. 63
   Coordination of Benefits with Medicare.......................................................................................... 63
   Right to Receive and Release Needed Information ......................................................................... 64
   Facility of Payment .......................................................................................................................... 64
   Right of Recovery ............................................................................................................................ 64

SUBROGATION ................................................................................................................................. 65

UTILIZATION REVIEW POLICY AND PROCEDURES ................................................................ 68

CLAIMS PROCEDURES .................................................................................................................... 69

   Claim Timely Filing......................................................................................................................... 69
   Notice of Benefit Determination...................................................................................................... 69
   Post-Service Claims ......................................................................................................................... 70
   Appeal Rights................................................................................................................................... 70
   Appeal Process................................................................................................................................. 70
   First Level Appeal Process .............................................................................................................. 71
   Second Level Appeal Process .......................................................................................................... 71
   Urgent Care Appeal Process ............................................................................................................ 71
   Compliance with Regulations .......................................................................................................... 72
   Authorized Representative ............................................................................................................... 72



           City of Wichita SPD 2007.01.01                                                                                                       3
           CHC-KS Compliance/JES                                       56
   Other Important Claims Information ............................................................................................... 72
   Right to Receive and Release Needed Information ............................................................................ 72

HIPAA Privacy..................................................................................................................................... 73

GENERAL PROVISIONS................................................................................................................... 76

   No Contract of Employment ............................................................................................................ 76
   Applicability..................................................................................................................................... 76
   Exhaustion of Administrative Remedies.......................................................................................... 76
   Nontransferable................................................................................................................................ 76
   Reservations and Alternatives.......................................................................................................... 76
   Severability ...................................................................................................................................... 76
   Waiver.............................................................................................................................................. 76
   Plan Administration ......................................................................................................................... 76
   Power and Authority of Claims Administrator ................................................................................ 77
   Questions.......................................................................................................................................... 77
   Amendment or Termination............................................................................................................. 77

SIGNATURE PAGE ............................................................................................................................ 78

ADDITIONAL INFORMATION ........................................................................................................ 79

   Important Telephone Numbers and Addresses ................................................................................ 79
   Authorization and Precertification List ............................................................................................ 80
   Group Vision Care Policy ................................................................................................................ 82




           City of Wichita SPD 2007.01.01                                                                                                        4
           CHC-KS Compliance/JES                                       57
                                          INTRODUCTION


This document is a description of the City of Wichita Group Health Benefits Plan (the “Plan”) for the
exclusive benefit of and to provide health benefits to its eligible full-time employees and their eligible
dependents and retirees. No oral interpretations can change this Plan. The Plan described is designed
to protect Covered Persons against certain catastrophic health expenses.


By carefully reading the SPD and understanding Your relationship to the Plan, You will be an
informed Covered Person. The participating hospitals and physicians of the network have agreed to
extend a discount to those employees and Covered dependents that utilize their facilities. When Your
claims for services are processed, You will see the amount of the discount on the Explanation of Benefits
(EOB). This, of course, helps reduce Your liability for the cost of the services.


Additional Information has been provided at the end of this document. This information is not
incorporated nor provided through the City of Wichita Group Health Benefits Plan. The Additional
Information section is subject to change without notice or Amendment.




You Must Notify The Human Resources Department When One Of The Following Events
Occur.


•   Birth of child. (within 30 days).
•   Marriage. (within 30 days).
•   Adoption of child. (within 30 days).
•   Your Covered child turns 19. (within 30 days) Coverage will terminate for this child if he/she is
    not a full-time student.
•   Your Covered full-time student graduates, quits school, gets married or turns age 23. (within 30
    days).
•   Divorce. (within 30 days).




You Must Be Sure That Your Providers Have The Current Billing Instructions Provided On
Your Identification Card. Failure To Submit Claims Properly May Result In Delayed Claims
Processing.




        City of Wichita SPD 2007.01.01                                                              5
        CHC-KS Compliance/JES                    58
                                         SCHEDULE OF BENEFITS
The following section Schedule of Benefits provides the health care services and supplies covered
under this Plan. The schedule is provided to assist You with determining the level of coverage and
Pre-Certification procedures, that apply for Covered Services when determined to be Medically
Necessary, subject to the exclusions and limitations.

                                              Cost to Member when Receiving
                                                Services from Participating        Cost to Member when Receiving
             Covered Services                            Providers                 Services from Non-Participating
                                                                                    Providers (Out-of- Network) 2
                                                      (In-Network)
Annual Plan Deductible                           $0 Individual / $0 Family             $200 Individual / $400 Family
Coinsurance For All Eligible Expenses                 0% Coinsurance                         50% Coinsurance
(unless otherwise noted)
Out-of-Pocket Maximum                                     None                              $1,000 Individual /
Includes coinsurance                                                                          $2,000 Family
Benefit Maximum
        Medical
        Annual
                                                                             $500,000
        Lifetime
                                                                             $2,000,000

        Prescription Drug
        Lifetime                                                             $500,000

        Myofascial Pain & TMJ
        Annual                                                                $1,000
        Lifetime                                                              $5,000
Primary Care Physician (PCP) Services
    Physician Office Visit and Related                $20 Copayment                Deductible Plus 50% Coinsurance
    Physician Services

    Physician Office Surgery                          $20 Copayment                Deductible Plus 50% Coinsurance

    Other Physician Services (unless noted            $0 Copayment                 Deductible Plus 50% Coinsurance
    elsewhere)
    Allergy Injections                                $0 Copayment                 Deductible Plus 50% Coinsurance
    Allergy Testing                                   $20 Copayment                Deductible Plus 50% Coinsurance




        City of Wichita SPD 2007.01.01                                                                 6
        CHC-KS Compliance/JES                    59
                                              Cost to Member when Receiving
                                                Services from Participating         Cost to Member when Receiving
             Covered Services                            Providers                  Services from Non-Participating
                                                                                     Providers (Out-of- Network) 2
                                                        (In-Network)
Specialty Physician Services
    Physician Office Visit and Related                 $20 Copayment                Deductible Plus 50% Coinsurance
    Physician Services

    Physician Office Surgery                           $20 Copayment                Deductible Plus 50% Coinsurance
    Other Physician Services (unless noted              $0 Copayment                Deductible Plus 50% Coinsurance
    elsewhere)
    Allergy Injections                                  $0 Copayment                Deductible Plus 50% Coinsurance
    Allergy Testing                                    $20 Copayment                Deductible Plus 50% Coinsurance
Preventive Care
    Annual Well Woman Exam                             $20 Copayment                Deductible Plus 50% Coinsurance
    Mammograms (Diagnostic and Routine                  $0 Copayment                Deductible Plus 50% Coinsurance
    Screening)
    Well Baby and Child Care                           $20 Copayment                Deductible Plus 50% Coinsurance
    Annual Prostate Screening - High Risk              $20 Copayment                Deductible Plus 50% Coinsurance
    or Symptomatic (Age 40+) and All
    Males (Age 50+)
    Routine Health Screening                           $20 Copayment                Deductible Plus 50% Coinsurance
Immunizations
    Pediatric (up to age 72 months)                     No Copayment                         No Copayment

    Adult                                               No Copayment                Deductible Plus 50% Coinsurance
Prescription Drug Plan
                                        (Limited to 31 day supply per Copayment);
               ( Mail Order is limited to a 93 day supply and may be dispensed with two (2) Copayments)
Please note that this formulary is a mandatory generic substitution formulary. This means that if a generic equivalent
drug is available, you must accept the generic drug if you want the full allowable plan coverage. If you choose to
purchase a brand drug when a generic is available, you will pay the applicable copayment plus the difference in cost
between the brand and generic drug, up to a maximum of 100% of the average wholesale price of the brand drug.
        Formulary Generic                               $5 Copayment                         $10 Copayment
        Formulary Brand                                $15 Copayment                         $30 Copayment
        Non-Formulary                                  $40 Copayment                         $80 Copayment
Hospital Inpatient Services                        $100 Copayment per Day           Deductible Plus 50% Coinsurance
Services include semi-private hospital room   $500 Inpatient copayment limit per
& board, physician and surgeon services,          person per calendar year
lab, x-ray and other facility and ancillary
                                                $1,000 Inpatient copayment per
charges.
                                                   family per calendar year
Outpatient Laboratory Services                          $0 Copayment                Deductible Plus 50% Coinsurance
Hospital Outpatient Surgery and Scopes                 $200 Copayment               Deductible Plus 50% Coinsurance




        City of Wichita SPD 2007.01.01                                                                7
        CHC-KS Compliance/JES                     60
                                                Cost to Member when Receiving
                                                  Services from Participating        Cost to Member when Receiving
              Covered Services                             Providers                 Services from Non-Participating
                                                                                      Providers (Out-of- Network) 2
                                                          (In-Network)
includes related Professional Charges
Outpatient  Surgery  and    Scopes                       $200 Copayment              Deductible Plus 50% Coinsurance
performed in an Ambulatory Surgery
Center
includes related Professional Charges
Outpatient X-rays                                         $0 Copayment               Deductible Plus 50% Coinsurance
includes related Professional Charges
Outpatient Diagnostic Testing             and             $0 Copayment                Deductible Plus 50% Coinsurance
Services (Not Listed Elsewhere)
    Performed in Hospital
    Performed in Other Outpatient Setting
includes related Professional Charges
Emergency Services
   Emergency Room                                  $100 Copayment for Facility          $100 Copayment for Facility
Copayment waived if admitted                                Charges                              Charges

    Related Professional Fees
                                                    $0 Copayment for Related             $0 Copayment for Related
                                                        Professional Fees                    Professional Fees
Ambulance/Emergency Transportation                        $0 Copayment                         $0 Copayment
(Ground or Air)

Urgent Care                                               $20 Copayment                       $20 Copayment
Maternity Care
    Professional Services for Maternity Care              $20 Copayment              Deductible Plus 50% Coinsurance
    & Delivery

Other services (including hospital services)        See Appropriate Benefits         Deductible Plus 50% Coinsurance
Outpatient Short Term Therapy                             $20 Copayment              Deductible Plus 50% Coinsurance
   Physical Therapy
   Occupational Therapy
   Speech Therapy
                                                         Limited to 60 visits per Calendar Year Benefit Maximum
Rehabilitation
   Inpatient
                                                 $100 per Day Copayment up to a      Deductible Plus 50% Coinsurance
                                                         $500 Maximum
                                                $500 Inpatient copayment limit per
                                                    person per calendar year
                                                 $1,000 Inpatient copayment per
                                                    family per calendar year




         City of Wichita SPD 2007.01.01                                                                 8
         CHC-KS Compliance/JES                      61
                                                      Cost to Member when Receiving
                                                        Services from Participating        Cost to Member when Receiving
                 Covered Services                                Providers                 Services from Non-Participating
                                                                                            Providers (Out-of- Network) 2
                                                                 (In-Network)
Rehabilitation (continued)
    Partial Day Programs (4 hours or                            $20 Copayment              Deductible Plus 50% Coinsurance
    greater)
                                                               Limited to 60 visits per Calendar Year Benefit Maximum
    Outpatient (Pulmonary, Cardiac)                             $20 Copayment               Deductible Plus 50% Coinsurance

                                                               Limited to 60 visits per Calendar Year Benefit Maximum
Home Health Care                                                 $0 Copayment               Deductible Plus 50% Coinsurance
Skilled Nursing Facility                                         $0 Copayment               Deductible Plus 50% Coinsurance
Hospice Care                                                     $0 Copayment               Deductible Plus 50% Coinsurance
Durable Medical Equipment                                        $0 Copayment               Deductible Plus 50% Coinsurance
                                                               Limited to $3,000 per Calendar Year Benefit Maximum
Prosthetics & Braces                                             $0 Copayment               Deductible Plus 50% Coinsurance
Chiropractic           Services        /     Spinal             $20 Copayment               Deductible Plus 50% Coinsurance
Manipulation
                                                               Limited to 26 visits per Calendar Year Benefit Maximum
Organ Transplant                                          See Appropriate Benefits                    Not Covered


Transportation, Lodging & Meals when                             $0 Copayment                         Not Covered
related to Organ Transplants
                                                       (Limited to $2,000 per Calendar
                                                         Year Benefit Maximum)
Mental/Nervous Treatment
Inpatient                                                      $100 Copayment              Deductible Plus 50% Coinsurance
            Limited to Semi-Private Rate
                                                      $500 Inpatient copayment limit per
                                                          person per calendar year
                                                       $1,000 Inpatient copayment per
                                                          family per calendar year
                                                               Limited to 45 days per Calendar Year Benefit Maximum
Outpatient                                                      $20 Copayment               Deductible Plus 50% Coinsurance
First (2) visits covered at 100%.
                                                               Limited to 45 visits per Calendar Year Benefit Maximum




            City of Wichita SPD 2007.01.01                                                                    9
            CHC-KS Compliance/JES                         62
                                                         Cost to Member when Receiving
                                                           Services from Participating        Cost to Member when Receiving
                 Covered Services                                   Providers                 Services from Non-Participating
                                                                                               Providers (Out-of- Network) 2
                                                                   (In-Network)
Substance Abuse & Chemical Dependency
Treatment
Inpatient
                                                                  $100 Copayment              Deductible Plus 50% Coinsurance
            Limited to Semi-Private Rate
                                                         $500 Inpatient copayment limit per
                                                             person per calendar year
                                                          $1,000 Inpatient copayment per
                                                             family per calendar year
                                                                  Limited to 30 days per Calendar Year Benefit Maximum
Outpatient                                                         $20 Copayment              Deductible Plus 50% Coinsurance
First (2) visits covered at 100%.
Injectable        Medications        (Not       listed             $0 Copayment               Deductible Plus 50% Coinsurance
elsewhere)
Outpatient Dialysis                                                $0 Copayment               Deductible Plus 50% Coinsurance
Infertility                                                       $20 Copayment               Deductible Plus 50% Coinsurance

Formula & Low Protein Modified Foods                               $0 Copayment               Deductible Plus 50% Coinsurance
for PKU & Amino Acid Disease
                                                                  Limited to $5,000 per Calendar Year Benefit Maximum
Human Leukocyte Antigen Testing                                    $0 Copayment               Deductible Plus 50% Coinsurance
                                                                    Limited to $75 per Calendar Year Benefit Maximum
Nutritional Evaluation &                     Diabetes              $20 Copayment              Deductible Plus 50% Coinsurance
Management/Self-Training
Dental Services                                                    $0 Copayment               Deductible Plus 50% Coinsurance
Accidental Injury
                                                         Limited $1,000 per accident during a consecutive twelve (12) month
                                                         period
Impacted Wisdom Teeth                                       Out of Network Deductible         Deductible Plus 50% Coinsurance
                                                             Plus 50% Coinsurance
Intraoral X-Rays                                                   $0 Copayment               Deductible Plus 50% Coinsurance
          When in connection with Covered
          oral surgery services
                                                            Out of Network Deductible         Deductible Plus 50% Coinsurance
Myofascial Pain & Temporomandibular
                                                             Plus 50% Coinsurance
Joint (TMJ) Dysfunction Syndromes
                                                                         Limited to $1,000 per Calendar Year and
                                                                          $5,000 per Lifetime Benefit Maximum




            City of Wichita SPD 2007.01.01                                                                     10
            CHC-KS Compliance/JES                            63
                                           DEFINITIONS
“Activities of Daily Living”
       Activities you usually do during a normal day including but not limited to bathing, dressing,
       eating, maintaining continence, toileting, transferring from bed to chair, and mobility.
“Acute”
       Refers to an Illness or Injury that is both severe and of recent onset.

“Administrative Appeal”
       An Appeal of a decision that has not been issued for medical necessity or medical
       appropriateness, but is administrative in nature, for example, appealing a Copayment,
       Coinsurance, or exclusion associated with a Covered Service.
“Adverse Benefit Determination”
      A denial of a request for service or a failure to provide or make payment in whole or in part for
      a benefit. An Adverse Benefit Determination may be based in whole or in part on a medical
      judgment and may also include:
      Any reduction or termination of a benefit;
      The failure to cover services because they are determined to be Experimental or
      Investigational;
      The failure to cover services because they are determined to not be Medically Necessary or
      medically appropriate;
      The failure to cover services because they are cosmetic;
      The failure, reduction, or termination regarding the availability and/or delivery of health care
      services;
      The failure, reduction, or termination regarding claims payment, handling or reimbursement
      for health care services; and/or
      The failure, reduction, or termination regarding terms of the contractual relationship between
      Member and the Plan.


 “Alternate Facility”
      A duly-licensed non-Hospital health care facility or an attached facility designated as such by
      a Hospital which provides one or more of the following services on an outpatient basis
      pursuant to the law of the jurisdiction in which treatment is received, including without
      limitation:
      Scheduled surgical services;
      Emergency services;
      Urgent Care Services;
      Prescheduled rehabilitative services;
      Laboratory or diagnostic services;
      Inpatient or outpatient Mental Illness services or Substance Abuse services.




       City of Wichita SPD 2007.01.01                                                           11
       CHC-KS Compliance/JES                     64
“Alternate Recipient”
      The child or children identified in the medical child support order as being eligible to receive
      health care Coverage pursuant to the medical child support order.

“Amendment”
      Any attached written description of additional or alternative provisions to the Agreement and/or
      this SPD. Amendments are effective only when Authorized in writing by the Plan and are
      subject to all conditions, limitations and exclusions of the Agreement except for those which
      are specifically amended.

“Ancillary Charge”
       A charge in addition to the Copayment You are required to pay for a Prescription Drug
       which, through Your request or that of the Prescribing Provider, has been dispensed by the
       brand name, even though the Prescription Drug is subject to the MAC and covered at the
       generic product level. The Ancillary Charge, if any, shall be the difference between the
       contracted price for the Non-Formulary or Formulary brand name drug and for the Generic
       Drug. You are responsible at the time of service for payment of the Ancillary Charge.
“Ancillary Provider”
      A Provider who is not licensed as a Physician or a Hospital.

“Appeal”
      An Appeal is a request by You or Your Authorized Representative for consideration of an
      Adverse Benefit Determination of a service request or benefit that You believe You are entitled
      to receive.

“ASP”
      Administrative Services Provider; (Coventry Health Care of Kansas, Inc.)


“Authorized Representative”
      An Authorized Representative is an individual authorized in writing or verbally by You or by
      state law to act on Your behalf in requesting a health care service, obtaining claim payment or
      during the Appeal process. A Provider may act on Your behalf with Your expressed consent,
      or without Your expressed consent when it involves an Urgent Care claim or Appeal. An
      Authorized Representative does not constitute designation of a personal representative for
      Health Insurance Portability and Accountability Act (“HIPAA“) privacy purposes.

“Calendar Year”
        The period of time from January 1 through December 31 inclusive. This is the period during
        which the total amount of annual benefits under Your Coverage is calculated.


“Calendar Year Benefit Maximum”
        A maximum dollar amount, or maximum number of days, visits or sessions for which
        Covered Services are provided for a Member in any one Calendar Year. Once a Calendar
        Year Benefit Maximum is met, no more Covered Services will be provided during the same
        Calendar Year.



        City of Wichita SPD 2007.01.01                                                           12
        CHC-KS Compliance/JES                   65
“Certificate of Creditable Coverage”
       The certificate that documents the individual’s Creditable Coverage. Under the terms of
       HIPAA, the written certification must be furnished automatically to individuals when normal
       Coverage terminates and again when COBRA Coverage terminates. A certificate must also
       be furnished upon written request made within 24 months after Plan Coverage terminates.
“Chemical Dependency”
      The psychological or physiological dependence upon and abuse of drugs, including alcohol,
      characterized by drug tolerance or withdrawal and impairment of social or occupational role
      functioning or both.
“Chiropractic Services”
       Services provided by a duly-licensed Doctor of Chiropractic Medicine, including but not
       limited to subluxation and manipulation.
“Chronic Condition”
       A health condition that is continuous or persistent over an extended period of time.
“COBRA”
      The Consolidated Omnibus Budget Reconciliation Act of 1985, as amended.

“Coinsurance”
      Cost-sharing arrangement in which the Member pays a specified percentage of the cost for a
      Covered Service.

“Community Mental Health Center”
     A legal entity certified by the department of mentl health or accredited by a nationally
     recognized organization, through which a comprehensive array of mental health services are
     provided to individuals.
“Complaint”
       Any dissatisfaction expressed by You or Your Authorized Representative regarding a Plan
       issue.
“Confinement” and “Confined”
      An uninterrupted stay following formal admission to a Hospital, an Alternate Facility or Skilled
      Nursing Facility.

“Contract Year”
      The period during which the total amount of yearly benefits under Your Coverage is calculated.
      The Contract Year is the period of twelve (12) consecutive months commencing on the Group
      Effective Date and each subsequent anniversary.

“Copayment”
      Cost-sharing arrangement in which a Member pays a specified dollar amount as their share of
      the cost for a Covered Service.




       City of Wichita SPD 2007.01.01                                                         13
       CHC-KS Compliance/JES                   66
“Cosmetic Services and Surgery”
      Services performed to reshape structures of the body in order to alter appearance, to alter the
      aging process, or when performed primarily for psychological purposes. Cosmetic Services are
      not needed to correct or substantially improve a bodily function.

“Coverage” or “Covered”
      The entitlement by a Member to Covered Services under the SPD, subject to the terms,
      conditions, limitations and exclusions of the SPD, including the following conditions: (a)
      services must be provided when the SPD is in effect; and (b) services must be provided prior to
      the date that any of the termination conditions listed in this SPD occur; and (c) services must be
      provided only when the recipient is a Member and meets all eligibility requirements specified
      in the SPD; and (d) services must be Medically Necessary.

“Covered Services”
      The services or supplies provided to You for which the Plan will make payment, as described in
      the Agreement.

“Creditable Coverage”
       Coverage of an individual through one or more of the following:
       A group health plan;
       A health maintenance organization (“HMO”);
       An individual health insurance policy;
       Medicare;
       Medicaid;
       Military Health;
       A medical program of the Indian Health Service or of a Tribal Organization;
       State health pool;
       Federal Employee Health Benefit Program;
       Public health plan; or
       Peace Corps Plan.
       Prior Coverage under any of the above referenced plans may be credited toward a Member’s
       Preexisting Medical Condition waiting period under this Certificate provided there was not a
       lapse of Coverage of more than sixty-three (63) consecutive days. If the lapse of Coverage is
       more than sixty-three (63) consecutive days, credit of Coverage is lost and a Preexisting
       Medical Condition waiting period may be applied.

“Custodial Care”
      Care is considered custodial when it is primarily for the purpose of helping the Member with
      Activities of Daily Living or meeting personal needs and can be provided safely and reasonably
      by people without professional skills or training. This term includes such other care that is
      provided to a Member who, in the opinion of the Medical Director, has reached his or her
      maximum level of recovery. This term also includes services to an institutionalized Member,
      who cannot reasonably be expected to live outside of an institution. Examples of Custodial
      Care include, but are not limited to, respite care and home care which is or which could be
      provided by family members or private duty caregivers.



       City of Wichita SPD 2007.01.01                                                           14
       CHC-KS Compliance/JES                    67
“Day Program Services”
      A structured, intensive day or evening treatment or partial hospitalization program, certified
      by the department of mental health or accredited by a nationally recognized organization.
“Deductible”
      The dollar amount of medical expenses for Covered Services that You are responsible for
      paying annually before benefits subject to the Deductible are payable under this Agreement.

“Dental Services”
       Services primarily for the prevention, diagnosis and treatment of diseases and injuries to the
       oral cavity, the teeth, and their surrounding structures.


“Dependent”
      Any member of a Subscriber’s family who meets the eligibility requirements and who is
      properly enrolled for Coverage under the Agreement and on whose behalf Premiums are paid
      by You or the Employer Group.

“Designated Transplant Network Facility”
      A Hospital appointed as a Designated Transplant Network Facility by the Plan, to render
      Medically Necessary and medically appropriate services for Covered transplants. You may
      request a listing that may be amended from time to time, of Designated Transplant Network
      Facilities from the Customer Service Department listed in the Schedule of Important Numbers.

“Designated Transplant Network Physician”
      A Physician appointed as a Designated Transplant Network Physician by the Plan, who has
      entered into an agreement with a Designated Transplant Network Facility to render Medically
      Necessary and medically appropriate services for Covered transplants.

“Diagnosis”
      The classification of a recognized physical or mental illness, or chemical dependency through
      clinical assessment or laboratory examination.

“Durable Medical Equipment”
      Medical equipment Covered under this SPD or attached Rider, which can withstand repeated
      use and is not disposable, is used to serve a medical purpose, is generally not useful to a person
      in the absence of an Illness or Injury, and is appropriate for use in the home. Medically
      Necessary, non-disposable accessories that are commonly associated with the use of a Covered
      piece of Durable Medical Equipment will be considered Durable Medical Equipment.

“Effective Date”
      The date of Coverage as determined by the Employer Group and the Plan.

“Elective Abortion”
      An abortion for any reason other than a spontaneous abortion or to prevent the death of the
      Member upon whom the abortion is performed.




       City of Wichita SPD 2007.01.01                                                          15
       CHC-KS Compliance/JES                   68
“Eligible Employee”
     An individual employed by the Employer Group who meets all the eligibility requirements
     specified in this SPD.

“Eligible Expenses”
     Charges for Covered Services, incurred while the coverage is in effect.

“Emergency Medical Condition” and “Medical Emergency”
     The sudden and, at the time, unexpected onset of a health condition that manifests itself by
     symptoms of sufficient severity that would lead a prudent layperson, possessing an average
     knowledge of health and medicine, to believe that immediate medical care is required, which
     may include, but shall not be limited to:

      Placing the Member’s health in significant jeopardy;
      Serious impairment to a bodily function;
      Serious dysfunction of any bodily organ or part;
      Inadequately controlled pain; or
      With respect to a pregnant woman who is having contractions:
          That there is inadequate time to effect a safe transfer to another Hospital before delivery;
          or
          That the transfer to another Hospital may pose a threat to the health or safety of the
          woman or unborn child.
     Some examples of an Emergency Medical Condition include, but are not limited to:

     Broken bone;

     Chest pain;

     Seizures or convulsions;

     Severe or unusual bleeding;

     Severe burns;

     Suspected poisoning;

     Trouble breathing;

     Vaginal bleeding during pregnancy.

     The Member may seek medical attention from a Hospital, Physician’s office or some other
     Emergency facility.

“Emergency Services”
     Generally, Eligible Expenses for Emergency Services are the charges for the services provided
     during the course of the Emergency, and when Medically Necessary for stabilization and
     initiation of treatment. The Emergency Services must be provided by or under the direction of
     a Physician, and are subject to the exclusions and other provisions set out in this SPD.



      City of Wichita SPD 2007.01.01                                                           16
      CHC-KS Compliance/JES                   69
“Employee Enrollment/Change Form”
       Your application for enrollment in the Plan.
“Experimental or Investigational”
      A health product or service is deemed Experimental or Investigational if one or more of the
      following conditions are met:

       Any drug not approved for use by the Federal Food and Drug Administration (“FDA”); any
       drug that is classified as an Investigational New Drug (“IND”) by the FDA; any drug that is
       proposed for off-label prescribing. As used herein, off-label prescribing means prescribing
       prescription drugs for treatments other than those stated in the labeling approved by the FDA.
       Off-label prescribing for the treatment of cancer is not considered Experimental or
       Investigational.

       Any health product or service that is subject to Investigational Review Board (IRB) review or
       approval.

       Any health product or service that is the subject of a clinical trial that meets criteria for Phase
       I, II or III as set forth by FDA regulations, except as specifically covered.

       Any health product or service whose effectiveness is unproven or is not considered standard
       treatment by the medical community, based on clinical evidence reported by Peer-Reviewed
       Medical Literature and by generally recognized academic experts.


“FDA”
       Federal Food and Drug Administration.


“Formulary”
      A list of specific generic and brand name Prescription Drugs authorized by the Plan. The list
      is subject to periodic review and modification and is provided through ASP refer to
      Additional Information section following this Summary Plan Description.
“Full-time Student”
       An eligible Dependent as defined in the SPD who is:
       under the Limiting Age;
       enrolled in and attending a recognized course of study in any one of the following on a full-
       time basis (full-time is defined herein as enrolling in and attending at least twelve (12) credit
       hours per semester, or full-time as defined by the school):
           Secondary school,
           College,
           University, or
           Licensed trade school; and
       capable of providing documentation from a registrar upon request.
       Full-time Student status will continue during regularly scheduled school vacation periods, or
       absence from enrolled classes for up to four (4) months due to disability (proof of such
       disability must be provided upon request).



       City of Wichita SPD 2007.01.01                                                             17
       CHC-KS Compliance/JES                    70
“Generic Prescription Drug”
      A Prescription Drug as being prescribed by its generic and chemical name heading according
      to the principal ingredient(s) and approved by the Food and Drug Administration.
“Home Health Agency”
        An organization that meets all of these tests: (a) its main function is to provide home health
        care services and supplies; (b) it is federally certified as a home health care agency; and (c) it
        is licensed by the state in which it is located, if licensing is required.


“Home Health Care Services”
        Skilled nursing care and intermittent home health aide services provided in your home
        through a home health care agency, including physical therapy, speech therapy, occupational
        therapy, and medical supplies for the treatment of an illness or injury.
“Hospital”
       An institution, operated pursuant to law, which: (a) is primarily engaged in providing services
       on an inpatient basis for the care and treatment of injured or sick individuals through medical,
       diagnostic and surgical facilities by or under the supervision of one or more Physicians; and (b)
       has twenty-four (24) hour nursing services on duty or on call. For the purpose of this
       definition, a facility that is primarily a place for rest, Custodial Care or care of the aged, a
       nursing home, convalescent home, or similar institution is not a Hospital.

“Illegal Act”
        Any felony or misdemeanor, or any other activity that is against civil or criminal law for
        which the Member was charged or arrested, unless the Member is later found not guilty by a
        court of law.
“Illness”
        Physical ailment, disease, or pregnancy. For the purpose of this definition, the term Illness
        does not apply to Mental Illness or Substance Abuse.
 “IND”
        Investigational New Drug.
“Infertility”
       Any medical condition causing the inability or diminished ability to reproduce.

“Infertility Services”
        Those services including confinement, treatment or services related to the restoration of
        fertility or the promotion of conception.
“Injury”
        Bodily damage, other than Illness, including all related conditions and recurrent symptoms.
“Inquiry”
        Any question from You or Your Authorized Representative that is not a Pre-Service Appeal,
        a Post-Service Appeal or an Urgent Care Appeal, or Complaint.




        City of Wichita SPD 2007.01.01                                                            18
        CHC-KS Compliance/JES                    71
“Institutional Review Board (“IRB”)”
        A university or Participating Hospital panel composed of faculty and researchers that
        evaluates experimental and investigational procedures.
“Late Enrollees”
       Shall mean individuals who fail to enroll with the Plan for Coverage under the Agreement
       during the initial enrollment period when they first become eligible for Coverage as described
       in the Enrollment and Eligibility Section of this SPD. This term does not include individuals
       who enroll under a Special Enrollment Period; an employee of an employer which offers
       multiple health benefit plans, who elects a different health benefit plan during an open
       enrollment period; or a spouse or minor child who is eligible for Coverage due to a court order.
“Lifetime”
        Lifetime refers to the life of the member without regard to health insurance carrier.
“Limiting Age”
        The maximum age a non-Spouse Dependent can be to maintain eligibility under the terms of
        the Plan, and as defined in the SPD.
“Mail Order Pharmacy”
       When applicable, the Pharmacy contracted by the Plan to provide Maintenance Medications
       through the mail.
“Maintenance Drugs”
      Prescription Drugs which are not written for episodic treatment of medical conditions.
“Maintenance Therapy”
        A treatment plan that seeks to prevent disease, promote health and prolong and enhance the
        quality of life, or therapy that is performed to maintain or prevent deterioration of a chronic
        condition.
“Maternity Services”
        Includes prenatal and postnatal care, childbirth, and any complications associated with
        pregnancy.
“Maximum Allowable Cost (MAC)”
      The price assigned to Prescription Drugs that will be covered at the generic product level.
“Maximum Lifetime Benefit”
        The Maximum Lifetime Benefit is the maximum amount payable by the Plan per Member, if
        applicable, and listed in the Schedule of Benefits.
“Medical Detoxification”
      Hospital inpatient or residential medical care to ameliorate acute medical conditions
      associated with chemical dependency.
“Medical Director”
       The Physician specified by the ASP, or his or her designee, and appropriately licensed in the
       practice of medicine in accordance with state law, who is responsible for medical oversight
       programs, including but not limited to Pre-Certification programs.




        City of Wichita SPD 2007.01.01                                                          19
        CHC-KS Compliance/JES                   72
“Medically Necessary/Medical Necessity”
      Medically Necessary means those services, supplies, equipment and facility charges that are not
      expressly excluded under this Agreement and are:

      Medically appropriate, so that expected health benefits (such as, but not limited to, increased
      life expectancy, improved functional capacity, prevention of complications, relief of pain)
      materially exceed the expected health risks;

      Necessary to meet Your health needs, improve physiological function and required for a reason
      other than improving appearance;

      Rendered in the most cost-efficient manner and setting appropriate for the delivery of the
      service;

      Consistent in type, frequency and duration of treatment with scientifically-based guidelines of
      national medical research, professional medical specialty organizations or governmental
      agencies that are generally accepted as national authorities on the services, supplies, equipment
      or facilities for which Coverage is requested;

      Consistent with the diagnosis of the condition at issue;

      Required for reasons other than Your comfort or the comfort and convenience of Your
      Physician; and

      Not Experimental or Investigational as determined by the Plan under the Plan’s Experimental
      Procedures Determination Policy.

“Medical Necessity Appeal”
      An Appeal of a determination by the Plan or its designated utilization review organization that
      is based in whole or in part on a medical judgment that includes an admission, availability of
      care, continued stay or other service which has been reviewed and, based on the information
      provided, does not meet the Plan's requirements for medical necessity, appropriateness, health
      care setting, level of care or effectiveness and payment for the service is denied, reduced or
      terminated.

“Medicare”
       Part A and Part B of the insurance program established by Title XVIII, United States Social
       Security Act, as amended by 42 U.S.C. Sections 1394, et seq. and as later amended.
“Member”
      Any Subscriber or Dependent or Qualified Beneficiary (as that term is defined under COBRA)
      who enrolled for Coverage under this Agreement in accordance with its terms and conditions.

“Mental Health and Substance Abuse Designee”
       The organization, entity or individual that provides or arranges Covered Mental Health and
       Substance Abuse services under contract to the Plan.




       City of Wichita SPD 2007.01.01                                                          20
       CHC-KS Compliance/JES                   73
“Mental Illness” or “Mental Health”
         Those conditions classified as “mental disorders” in the current American Psychiatric
         Association Diagnostic and Statistical Manual of Mental Disorders but not including mental
         retardation.
“NIH”
         National Institutes of Health.
“Non-Participating”
       A Provider or Pharmacy who has no direct or indirect written agreement with the Plan to
       provide Covered Services to Members.

“Nonresidential Treatment Program”
      A program certified by the department of mental health involving structured, intensive
      treatment in a nonresidential setting.
“Open Enrollment Period”
      Annual period in which an eligible Employee and/or Dependent may enroll in coverage.
      Enrollment(s) made during this period are effective January 1st. Information is distributed by
      the Human Resources Department regarding Open Enrollment each fall.
“Orthotic Appliances”
         Orthotic Appliances correct or support a defect of a body form or function.
“Out-of-Pocket Maximum”
         The annual limit of a Member’s payments for Covered Services, as specified in the Schedule
         of Benefits.
“Participating”
         A Provider or Pharmacy who has a contractual arrangement with the Plan for the provision of
         Covered Services to the Members.
“Peer-Reviewed Medical Literature”
         A scientific study published only after having been critically reviewed for scientific accuracy,
         validity, and reliability by unbiased independent experts in two major American medical
         journals. Peer-Reviewed Medical Literature does not include publications or supplements to
         publications that are sponsored to a significant extent by a pharmaceutical manufacturing
         company, a device manufacturing company, or health vendor.
“Physician/Practitioner”
         Means anyone qualified and licensed to practice medicine and surgery by the state in which
         services are rendered who has the Degree of Doctor of Medicine (M.D.) or Doctor of
         Osteopathy (D.O.) Physician also means Doctors of Dentistry, Chiropractic and Podiatry
         when they are acting within the scope of their license.
“Plan”
         City of Wichita Group Health Benefit Plan
“Plan Administrator”
       The person, committee or entity designated under the Plan to administer the Plan.




         City of Wichita SPD 2007.01.01                                                           21
         CHC-KS Compliance/JES                   74
“Plan Sponsor”
       1) For the primary purpose of this document; an entity or person responsible for creating and
       maintaining the power of the Plan. 2) For the purpose of HIPAA; an entity entrusted with the
       management of property or with the power to act on behalf of and for the benefit of another.
       3) (“City of Wichita”)
“Post-Service Appeal”
       An appeal for which an Adverse Benefit Determination has been rendered for a service that
       has already been provided.
“Pre-Certification”
      The Plan has given approval on a Pre-Service request for payment for Covered Services to be
      rendered by a Participating or Non-Participating Provider or Pharmacy. Pre-Certification does
      not guarantee payment if You are not eligible for Covered Services at the time the service is
      provided.

“Prescription Drug(s)”
       Any medication or drug which is provided for outpatient administration; has been approved
       by the Food and Drug Administration; and under federal or state law, is dispensed pursuant to
       a prescription order (legend drug).
“Pre-Service Appeal”
       An appeal for which an Adverse Benefit Determination has been rendered for a service that
       has not yet been provided and requires Pre-Certification.
“Prosthetic Devices”
       Prosthetic Devices aid body functioning or replace a limb or body part. Prosthetic Devices can
       be either internally or externally placed.

“Provider”
      A Physician, Hospital, or Ancillary Provider, Pharmacy or other duly licensed professional,
      health care facility, or practitioner, certified or otherwise authorized to furnish health care
      services pursuant to the law of the jurisdiction in which care or treatment is received.

“Provider Directory”
      A listing of Participating Providers. Please be aware that the information in the directory is
      subject to change and will be updated at least annually.

“Public Entity”
       A publicly supported medical facility providing care, treatment and supplies to injured or sick
       individuals through a program or agency owned and operated by a state or county government.
       This may include but is not limited to entities such as a county hospital or county health
       clinic.




       City of Wichita SPD 2007.01.01                                                           22
       CHC-KS Compliance/JES                   75
“Qualified Medical Child Support Order” (“QMCSO”)
       An issued order, judgment, decree or settlement agreement by a court of competent
       jurisdiction or issued through an administrative process established under State law and has
       the force and effect of law under applicable State law that requires a non-custodial parent to
       provide medical Coverage for his/her child who might not otherwise be eligible for Coverage.
       A qualified order includes information regarding: 1) The Member’s name and address; 2) The
       name and last known mailing address of the alternate recipient; 3) The name of the Plan the
       child will be Covered by; 4) A reasonable description of the type and scope of health
       Coverage provided under the Plan; 5) The period of time to which the order applies; and 6)
       The order must be signed by the Judge, Commissioner or Magistrate.
       Contact Customer Service if You would like to see a complete copy of the procedures for
       determining whether an order constitutes a QMCSO.
“Recognized Mental Illness(es)”
      Those conditions classified as “mental disorders” in the American Psychiatric Association
      Diagnostic and Statistical Manual of Mental Disorders, but shall not include mental
      retardation.
“Reconstructive Surgery”
       Surgery which is incidental to an Injury, Illness or congenital anomaly when the primary
       purpose is to restore normal physiological functioning of the involved part of the body. (A
       congenital anomaly is a defective development or formation of a part of the body, when such
       defect is determined by the treating Physician to have been present at the time of birth.) The
       definition of Reconstructive Surgery includes the following: reconstructive surgery following
       a mastectomy, including on the opposite breast to restore symmetry and Prosthetic
       Devices/implants or reduction mammoplasty; and reconstructive surgery for a Covered
       newborn.
 “Residential Treatment Facility”
       A facility licensed by the applicable state or approved by the Joint Commission on
       Accreditation of Health Care Organizations; such as a general community Hospital with
       approved mental health beds, a psychiatric Hospital, a facility for the chemically dependent,
       or a Community Mental Health Center.
“Residential Treatment Program”
      A program certified by the department of mental health involving residential care and
      structured, intensive treatment.
“Retiree”
      A former Eligible Employee of the City of Wichita who meets the definition of retired
      employees to whom the City of Wichita offers Coverage under this SPD.

“Self-Injectables”
       Injectable Prescription Drugs as specified in the Plan’s formulary list, that are commonly and
       customarily administered by the Member according to clinical guidelines used by the Plan.
“Semi-private Accommodations”
       A room with two (2) or more beds in a Hospital. The difference in cost between Semi-private
       Accommodations and private accommodations is Covered only when private
       accommodations are Medically Necessary.




       City of Wichita SPD 2007.01.01                                                         23
       CHC-KS Compliance/JES                  76
“Skilled Nursing Facility (“SNF”)”
       A facility certified by Medicare to provide inpatient skilled nursing care, rehabilitation
       services or other related services. The term “Skilled Nursing Facility” does not include a
       convalescent nursing home, rest facility, or facility for the aged that furnishes primarily
       Custodial Care, including training in Activities of Daily Living.
“Social Setting Detoxification”
      A program in a supportive non-hospital setting designed to achieve detoxification, without the
      use of drugs or other medical intervention, to establish a plan of treatment and provide for
      medical referral when necessary.

“Special Enrollment Period”
       The period after the regular Enrollment Period during which an individual is allowed to enroll
       for Coverage subject to the terms of SPD.
“Specialty Pharmacy”
      Pharmacy that is designated as a Specialty Pharmacy by the Plan for certain orders or refills.
      Prescriptions obtained from a Specialty Pharmacy must be ordered by a prescribing Provider,
      not limited or excluded elsewhere, and Precertified.

“Spouse”
       A Subscriber’s Spouse or eligible former Spouse as defined by applicable state law or court
       decree.
“Subscriber”
      The Eligible Employee or Retiree who meets all the requirements as set forth in this SPD and
      the who has elected the Plan’s Coverage for himself/herself and any eligible Dependents
      through submission of an Employee Enrollment/Change Form and for whom, or on whose
      behalf, contributions have been received by the Plan.

“Substance Abuse”
      The psychological or physiological dependence upon and abuse of drugs, including alcohol,
      characterized by drug tolerance or withdrawal and impairment of social or occupational role
      functioning or both.

“Therapeutic Injections and IV Infusions”
       Prescription medications given by injection or IV infusion (specifically excluding blood) by a
       duly-licensed Provider or injected by the Member.
“Total Disability”
      Complete inability of the Member to perform all of the substantial and material duties of his or
      her regular occupation, or complete inability of the Member to engage in employment or
      occupation for which he or she is or becomes qualified by reason of education, training, or
      experience. For an unemployed Dependent, Total Disability means complete inability of the
      Member to engage in most of the normal activities of a person of like age and gender. The
      disability, for Subscriber or Dependent, must require regular care and attendance by a Physician
      who is someone other than an immediate family member.




       City of Wichita SPD 2007.01.01                                                         24
       CHC-KS Compliance/JES                  77
“Urgent Care”
     A condition that requires prompt medical attention due to an unexpected Illness or Injury.
     These conditions may also constitute Emergencies in those situations that would lead a prudent
     layperson, possessing an average knowledge of health and medicine, to believe immediate
     medical care is required.

“Urgent Care Appeal”
      An Appeal for which a requested service requires Pre-Certification, an Adverse Benefit
      Determination has been rendered, the requested service has not been provided, and the
      application of non-urgent care Appeal time frames could seriously jeopardize: (a) the life or
      health of the Member or the Member’s unborn child; or (b) the Member’s ability to regain
      maximum function. In determining whether an Appeal involves urgent care, the Plan must
      apply the judgment of a prudent layperson who possesses an average knowledge of health
      and medicine.
“Utilization Review”
      A set of formal techniques designed to monitor the use of, or evaluate the clinical necessity,
      appropriateness, efficacy, or efficiency of, health care services, procedures, or settings.
      Techniques may include ambulatory review, prospective review, second opinion, Pre-
      Certification, concurrent review, case management, and discharge planning or retrospective
      review. Utilization review shall not include elective requests for clarification of Coverage.
“You or Your”
      A Member Covered under this SPD.




      City of Wichita SPD 2007.01.01                                                         25
      CHC-KS Compliance/JES                  78
                                        USING YOUR BENEFITS


Membership Identification (“ID”) Card
      Every Member receives a membership ID card. Carry Your ID card with You at all times, and
      present it every time You request or receive services. The ID card is needed for Providers to bill
      the Plan for charges other than Copayments, Coinsurance, and non-Covered Services. If You do
      not show Your ID card, the Providers cannot identify You as a Member of the Plan, and You
      may receive a bill for services. If Your ID card is missing, lost, or stolen, contact the Plan’s
      Human Resource Department at 316-268-4531 or the ASP, contact information is listed on
      Your ID card and in the Additional Information section following this document. If Your
      Dependents are Covered, You will receive an additional ID card for each Covered Dependent.
      Possession and use of an ID card is not an entitlement to Coverage. Coverage is subject to
      verification of eligibility and all the terms, conditions, limitations and exclusions set out in the
      Agreement.

Health Services Rendered by Participating Providers
      A Member has access to the services of a Participating Provider of their choice within the
      Provider network when receiving In-Network Covered Services, subject to the terms,
      conditions, exclusions and limitations of the Agreement. Coverage for services described in this
      SPD and the Schedule of Benefits include services that (a) are Medically Necessary and (b) are
      provided by or under the direction of a Participating Provider and (c) are Pre-Certified, if
      required, in advance. The telephone number for Pre-Certification is listed on Your ID card and
      in The Schedule Of Important Telephone Numbers And Addresses, which is attached to this
      SPD. Participating Providers are contractually obligated to file all claims for You.

      It is the Member’s responsibility to verify the participation status of Providers. A Member
      should not assume that a Provider, whom a Participating Provider may recommend, would
      always be another Participating Provider. The Member is responsible for verifying the status of
      the Provider by contacting the Customer Service Department of the ASP.

      Coverage for services is subject to timely payment of the Premium required for Coverage under
      the Plan and payment of the Copayment, Coinsurance and/or Deductible specified for any
      service. Questions regarding Coverage for services or Provider participation status should be
      directed to the Plan, not the Provider.

Coverage for Services by Non-Participating Providers
      A Non-Participating Provider may or may not complete and file the claim form for You. If not,
      You may obtain a Non-Participating claim form from the ASP’s Customer Service Department
      within fifteen (15) days from the date the ASP receives notice of a claim from You. If a Non-
      Participating claim form is not provided to You within fifteen (15) days after the ASP receives
      notice of a claim, You shall be deemed to have complied with the requirements of the Plan as to
      proof of loss upon submitting written proof covering the occurrence, character, and extent of
      loss, within the time fixed for filing a claim.

      It is your responsibility to provide any information that is necessary to make a prompt and fair
      evaluation of your claim. A Non-Participating Provider claim must be filed within ninety (90)
      days from date of service. However, failure to file the claim within the ninety (90) day period
      shall not invalidate or reduce the claim, if it was not reasonably possible to provide notice or


       City of Wichita SPD 2007.01.01                                                            26
       CHC-KS Compliance/JES                    79
      proof within the ninety (90) days. A claim will not be denied based upon the Member’s failure
      to submit a claim within the ninety (90) day period. However, claims may not be accepted,
      except in the absence of legal capacity of the claimant, when proof of loss is submitted to the
      Plan more than fifteen (15) months from the date services were provided by the Non-
      Participating Provider.

Non-Participating Provider Fees
      Payment for Covered Services provided by Non-Participating Providers is limited to the lesser
      of the billed charge or the Out-of-Network rates listed below less applicable Copayments,
      Coinsurance and/or Deductibles. These rates are calculated as a multiple of the Medicare fee
      schedule for Physicians, Hospitals, outpatient facilities, ancillary Providers and other
      Providers. These rates may be adjusted from time to time.
      If the amount You are charged for a Covered Service is equal to or less than the Out-of-
      Network rate, the charge should be completely covered by Your Out of Network benefit,
      except for any Copayment, Coinsurance, and/or Deductible payments You must make.
      However, if the amount You are charged is in excess of the Out-of-Network rate for a
      particular Covered Service, you will be responsible for paying any amounts in excess of the
      rates listed below, in addition to any applicable Copayment, Coinsurance, and/or Deductible
      payments.

Non-Participating Physician and Other Health Care Professional Fees

       The Out-of-Network rate is equivalent to 100% of the national average Medicare rate, based
       on the 2003 Resource Based Relative Value Scale (“RBRVS”) fee schedule for Physician and
       other health care profession services, as such services are defined in the American Medical
       Association’s Current Procedural Terminology (“CPT”) manual. For Physician and other
       health care profession services not valued in RBRVS, other Medicare or nationally
       recognized schedules will be used. For CPT codes developed after 2003, the rate will be
       calculated using the assigned Relative Value Units (“RVU”) and the 2003 Medicare
       conversion factor. Payment for immunizations and injectable drugs will be at 100% of the
       First Data Bank Average Wholesale Price (“AWP”). Payment for anesthesia services will be
       200% of the 2003 national average Medicare rate per 15 minute increment. Payment for
       Durable Medical Equipment (“DME”), prosthetics, orthotics and supplies (“DMEPOS”) will
       be at the 2003 DMEPOS ceiling limit. Payment for Laboratory services will be at the 2003
       Medicare Clinical Laboratory Fee Schedule. If there is no corresponding rate, as described
       above, for a particular service, the Plan shall provide payment at 50% of billed charges. The
       Plan reserves the right to apply proprietary payment guidelines, claim adjudication
       procedures and billing instructions in conjunction with the determination of the Out-of-
       Network rates.

Non Participating Facility Fees

       The Out-of-Network rate is equivalent to 100% of the Medicare base rate for facility charges.
       Payment for inpatient services will be based on Diagnosis Related Group (“DRG”) rates.
       Payment for outpatient services will be based on Ambulatory Payment Classification
       (“APC”) rates. Payment for services provided within an ambulatory surgical center will be
       based on Ambulatory Surgical Center (“ASC”) group rates. If there is no corresponding
       DRG, APC or ASC rate for a particular service, the Plan shall provide payment at 50% of
       billed charges. The Plan reserves the right to apply proprietary payment guidelines, claim



       City of Wichita SPD 2007.01.01                                                        27
       CHC-KS Compliance/JES                  80
       adjudication procedures and billing instructions in conjunction with the determination of the
       Out-of-Network rates.
       Please note that Physician and Hospital charges typically are not regulated. Billed charges
       can vary tremendously from one provider to the next, so please make sure you are aware of
       the billed charge for services you want to receive from Non-Participating Providers.
Pre-Certification
       Pre-Certification is required for certain Covered Services as determined by the Plan, such
       services include Hospital Admissions and related services, selected outpatient procedures,
       and all transplants. It is the Member’s responsibility to verify that Pre-Certification has been
       obtained from the Plan prior to receiving Covered Services. A list of current Pre-
       Certification procedures is provided after this document. To request a copy contact the Plan’s
       Customer Service Department’s telephone number listed on Your ID card or by visiting the
       Plan’s website.
       Any new, additional or extended services not Covered under the original Pre-Certification
       will be Covered only if a new Pre-Certification is obtained. All services identified in this SPD
       are subject to all of the terms, conditions, exclusions and limitations of the Plan, even if the
       Participating Provider requests the Pre-Certification on behalf of the Member.
       Failure to obtain Pre-Certification may result in a reduction of benefits. Any penalty applied
       because of failure to Pre-Certify Covered Services does not apply to the Out-of-Pocket
       Maximum, the Deductible or Coinsurance amount. It is the Member’s responsibility to verify
       that Pre-Certification has been obtained before receiving services.
       It is important to note that under the terms of the Plan, Pre-Certification only determines
       medical necessity and appropriateness, all other terms of the Plan are then applied. If the Plan
       Pre-Certifies Covered Services, the Plan shall not subsequently retract the Pre-Certification after
       the Covered Services have been received, or reduce payment unless: (1) Such Pre-Certification is
       based on a material misrepresentation or omission about the Member’s health condition or the
       cause of the health condition; or (2) the Plan terminates before the health care services are
       provided; or (3) the Member’s Coverage under the Plan terminates before the health care
       services are provided.
Second Opinion Policy
      A Member may seek a second medical opinion or consultation from any Provider. A Member
      should not assume that a Provider, whom a Participating Provider may recommend, would
      always be another Participating Provider. The Member will be responsible for the cost of
      services received from a Non-Participating Provider as outlined in the Schedule of Benefits and
      subject to the terms, conditions, exclusions and limitations of the SPD.

Copayments, Coinsurance and Deductibles
      You are responsible for paying Copayments to Providers at the time of service. The Provider
      may bill You at a later time for the Coinsurance amounts that are Your responsibility under the
      terms of the Plan as determined by the contracted rates that have been established between the
      Plan and the Participating Providers or as determined by the Plan’s Non-Participating Provider
      fee schedule when services are rendered by a Non-Participating Provider. You must meet the
      applicable Deductible, as described in your Schedule of Benefits, before benefits will be
      payable to Providers on Your behalf. Specific Copayments, Coinsurance amounts and
      Deductibles are listed in the Schedule of Benefits. A Copayment is defined as a dollar amount,
      while Coinsurance is typically defined as a percentage of Eligible Expenses.



       City of Wichita SPD 2007.01.01                                                             28
       CHC-KS Compliance/JES                    81
       Deductible: A Deductible is the amount of covered expenses, which must be paid each
       Calendar Year by a Member before benefits will be payable to Providers on Your behalf. The
       individual Deductible applies separately to each Member. The family Deductible applies
       collectively to all Members in the same family. When 2 Members within the family have met
       their individual Deductibles the family Deductible is satisfied, and no further Deductible will
       be applied for any covered family Member during the remainder of the Calendar Year.
       Out-of-Pocket Maximum: An Out-of-Pocket Maximum is the amount of covered expenses,
       which must be paid each Calendar Year by a Member before the payment percentage of the Plan
       increases. The individual Out-of-Pocket Maximum applies separately to each Member. The
       family Out-of-Pocket Maximum applies collectively to all Members in the same family. When
       2 Members within the family have met their individual Out-of-Pocket Maximum the family
       Out-of-Pocket Maximum is satisfied. The Plan will pay 100% (except for Copayments and the
       charges excluded) for any covered family Member during the remainder of the Calendar Year.

How to Contact The Plan
      Throughout this Agreement, You will find that the Plan encourages You to contact the Plan or
      ASP for further information. Whenever You have a question or concern regarding Covered
      Services or any required procedure, you may contact the ASP at the telephone number or
      website on the back of Your ID card or the Additional Information provided following this
      document.
       Telephone numbers and addresses to request review of denied claims, register Complaints,
       place requests for Pre-Certification, and submit claims are listed in the Schedule of Important
       Telephone Numbers And Addresses included in this SPD.

Participating Provider Hold Harmless
        Participating Provider may not balance bill charges over allowed contracted amount. This
        provision shall not prohibit the Provider from collecting Coinsurance, Deductibles or
        Copayments, as specifically provided in the SPD, or fees for non-Covered Services delivered
        on a fee-for-service basis to You. The provider hold harmless provision shall not prohibit a
        Provider and You from agreeing to continue services solely at Your expense, as long as the
        Provider has clearly informed You that the Plan may not cover or continue to cover a specific
        service or services. Except as provided herein, this provision does not prohibit the Provider
        from pursuing any available legal remedy, including but not limited to, collecting from any
        insurance carrier providing Coverage to a Member.

Plan Has Authority to Grant Coverage
      Only Medically Necessary services are Covered under the Agreement. The fact that a
      Physician or other Provider has performed or prescribed a procedure or treatment, or the fact
      that it may be the only available treatment for an Injury, Illness or Substance Abuse, or Mental
      Illness does not mean that the procedure or treatment is Covered under the Agreement. The
      Plan shall have the right, subject to Your rights in this SPD, to interpret the benefits of the SPD,
      Plan Amendments or Summary of Material Modification in making factual determinations
      related to the benefits, and Members; and in construing any disputed or ambiguous terms. In
      accordance with all applicable law, the Plan reserves the right at any time, to change, amend,
      interpret, modify, withdraw or add benefits to, or terminate this Plan. The Plan may, in certain
      circumstances, cover services that would otherwise not be Covered. The fact that the Plan does
      so in any particular case shall not in any way be deemed to require it to do so in other similar
      cases.




        City of Wichita SPD 2007.01.01                                                           29
        CHC-KS Compliance/JES                    82
                           ELIGIBILITY, ENROLLMENT AND EFFECTIVE DATES

Subscriber Eligibility - To be eligible to be enrolled You must:
       The hours per week an Employee must be regularly scheduled to work to be considered
       eligible for benefits are 40 hours per week.

       The following categories of Employees are eligible for benefits:

                  •    Full-time employees working 40 hours per week;
                  •    Part-time employees hired before December 27, 1986;
                  •    Certain contract employees;
                  •    Management interns;
                  •    Police and Fire Recruits;
                  •    Retirees under 65; and
                  •    Elected Officials
Dependent Eligibility - To be eligible to be enrolled under this Agreement as a Dependent, an
individual must:
        1) Be the lawful Spouse of the Subscriber or be an unmarried child of the Subscriber or the
        Subscriber’s Spouse including:

                       •    Children to age nineteen (19) who are either the birth children of the
                            Subscriber or the Subscriber’s Spouse or legally adopted by or placed for
                            adoption with the Subscriber or Subscriber’s Spouse;

                       •    Children to age nineteen (19) for whom the Subscriber or the Subscriber’s
                            Spouse is required to provide health care Coverage pursuant to a Qualified
                            Medical Child Support Order.

                            A (QMCSO) is a medical child support order issued by a court, which has
                            jurisdiction, under state law requiring a non-custodial parent to provide medical
                            coverage for his or her children that specifies the individuals involved, the type
                            of coverage to be provided and the plan that provides the coverage. The
                            QMCSO may not require the Plan to provide any type or form of benefit, or any
                            benefit option, not otherwise provided under the Plan, except to the extent
                            necessary to meet the requirements of Section 1908 of the Social Security Act.
                       •    Children to age nineteen (19) for whom the Subscriber or the Subscriber’s
                            Spouse is the court-appointed legal guardian;

                       •    Coverage will be extended for children age twenty-three (23) who meet the
                            Eligibility requirements, are mentally or physically incapable of earning a
                            living and who are chiefly dependent upon the Subscriber or the Subscriber’s
                            Spouse for support and maintenance, provided that: the onset of such
                            incapacity occurred before age twenty-three (23), proof of such incapacity is
                            furnished to the Plan by the Subscriber upon enrollment of the Dependent




        City of Wichita SPD 2007.01.01                                                                30
        CHC-KS Compliance/JES                       83
                            child or at the onset of the Dependent child’s incapacity prior to reaching the
                            limiting age and annually thereafter;

                       •    Coverage may be extended for children who are age nineteen (19), but have
                            not attained age twenty-three (23) who meet the Eligibility requirements and
                            are attending an accredited educational institution on a full-time basis. An
                            accredited educational institution is defined as one, which is eligible for
                            payment of benefits under the Veterans Administration program.           The
                            Subscriber must provide documentation of such attendance to the Plan upon
                            request. Coverage ends the last day of the month in which the Dependent
                            attains the age set forth above or is no longer enrolled in school as a Full-
                            time Student, whichever comes first.

At any time, the Plan may require proof that a dependent qualifies or continues to qualify as a dependent
as defined by this Plan.
Retirees
       An Retiree or Retiree’s Spouse who is eligible to be Covered under Medicare (Title XVIII of
       the Social Security Act as amended) shall enroll in Medicare Part A and B Coverage on the
       later of the date he or she is first eligible for Medicare or the Effective Date of Coverage in
       order to be eligible or continue Coverage under this Plan.

       Retiree Coverage ending at age 65: Retirees and their Dependents are eligible for Coverage,
       so long as premiums are paid and the early Retiree was enrolled for coverage at the time the
       employee’s employment terminated and remained enrolled.

       Exception to Retiree Coverage ending at age 65: When the Retiree turns age 65, the Spouse
       and/or Dependents may remain enrolled so long as eligible. Claims of the retiree over age 65
       must be submitted to Medicare or other applicable insurance, before they can be submitted to
       the Plan.

       Deferred Retiree Coverage: An employee who terminates employment with the City and
       defers retirement can continue to be covered so long as the Retiree was enrolled for coverage at
       the time the employee’s employment terminated, the employee remains enrolled, and the
       premiums are paid. When an employee defers retirement and does not continue coverage, there
       is no coverage available for the employee, retiree, spouse or dependents.

       Retiree’s Spouse Coverage: When a retiree reaches age 65, the spouse may continued
       coverage until the spouse reaches age 65, so long as the premiums are paid. Spouses who turn
       65 are no longer eligible for coverage even if their spouse-retiree is younger.

       Surviving Spouse of the Retiree: Surviving spouse of the Retiree can remain covered to age
       65, so long as premiums are paid and the spouse was covered at the time of the retiree’s death.


Persons Not Eligible to Enroll
        A person who fails to meet the eligibility requirements specified in this SPD shall not be
        eligible to enroll or continue enrollment with the Plan.




        City of Wichita SPD 2007.01.01                                                              31
        CHC-KS Compliance/JES                      84
       A person whose Coverage under this Agreement was terminated due to a violation of a
       material provision of this Agreement shall not be eligible to enroll with the Plan for Coverage
       under this Agreement.

       Late Enrollees are not eligible to enroll except during the next Open Enrollment Period, or
       during a Special Enrollment Period.

Enrollment
       All individuals meeting the eligibility requirements of this section may enroll with the Plan
       for Coverage during the Open Enrollment Period or a Special Enrollment Period.

       Any new employee may enroll with the Plan for Coverage under this Agreement within thirty
       (30) days after becoming eligible. If the employee fails to submit an Employee
       Enrollment/Change Form for purposes of enrolling with the Plan for Coverage within thirty
       (30) days after becoming eligible, he or she is not eligible to enroll until the next Open
       Enrollment Period unless there is a special enrollment.

       A special enrollee may enroll with the Plan for Coverage as provided below.

       Eligible Employees or their Dependents who do not enroll during an initial eligibility period,
       or within thirty (30) days of first becoming eligible for Coverage are not eligible to enroll
       until the next open enrollment period, unless they are eligible to enroll as a special enrollee,
       as described below.

Special Enrollment
       Special Enrollment Due to Loss of Other Coverage. Subject to the conditions set forth
       below, an Eligible Employee and his or her Dependents may enroll in the Plan if the Eligible
       Employee waived initial Coverage under the Plan at the time Coverage was first offered
       because the Eligible Employee or Dependent had other Coverage at the time Coverage under
       the Plan was offered and the Eligible Employee’s or Dependent’s other Coverage was:

                      •    COBRA continuation Coverage that has since been exhausted; or,

                      •    If not COBRA continuation Coverage, such other Coverage terminated due
                           to a loss of eligibility for such Coverage or employer contributions toward
                           the other Coverage terminated. The term “loss of eligibility for such
                           Coverage” includes a loss of Coverage due to legal separation, divorce,
                           death, termination of employment, or reduction in the number of hours of
                           employment. This term does not include loss of Coverage due to failure to
                           timely pay required contributions or Premiums or loss of Coverage for cause
                           (i.e., fraud or intentional misrepresentation).

                 Required Length of Special Enrollment. An employee and his or her Dependents
                 must request special enrollment in writing no later than thirty (30) days from the date
                 that the other Coverage was lost.

                 Effective Date of Coverage. If the employee or Dependent enrolls within the 30 day
                 period, Coverage under the Plan will become effective no later than the first (1st) day
                 of the first (1st) calendar month after the date the completed request for special
                 enrollment is received.



       City of Wichita SPD 2007.01.01                                                            32
       CHC-KS Compliance/JES                     85
       Enrollment Due to New Dependent Eligibility. Subject to the conditions set forth below,
       an Eligible Employee and his or her Dependents may enroll in the Plan if the Eligible
       Employee has acquired a Dependent through marriage, birth, adoption or placement for
       adoption.

                      •    Non-Participating Eligible Employee. An Eligible Employee who is eligible
                           but has not yet enrolled may enroll upon marriage or upon the birth, adoption
                           or placement for adoption of his or her child (even if the child does not
                           enroll).

                      •    Non-Participating Spouse. Your Spouse may enroll at the time of marriage
                           to You, or upon the birth, adoption or placement for adoption of his or her
                           child (even if the new child does not enroll).

                      •    New Dependents of Covered Employee. A child who becomes a Dependent
                           of a Covered employee as a result of marriage, birth, adoption or placement
                           for adoption may enroll at that time.

                      •    New Dependents of non-enrolled Eligible Employee. A child who becomes
                           a Dependent of a non-enrolled Eligible Employee as a result of marriage,
                           birth, adoption or placement for adoption may enroll at that time but only if
                           the non-enrolled Eligible Employee is eligible for enrollment and enrolls at
                           the same time.

                 Required Length of Special Enrollment. An Eligible Employee and his or her
                 Dependents must request special enrollment in writing no later than thirty (30) days
                 from the date of marriage, birth, adoption or placement for adoption.

                 Effective Date of Coverage.       Coverage shall become effective the day of the
                 qualifying event.

      Notification of Change in Status. A Covered employee must notify the Plan of any changes
      in status or the status of any Dependent within thirty (30) days after the date of the qualifying
      event. This notification must be submitted on a written Employee Enrollment/Change Form to
      the Plan. Events qualifying as a change in status include, but are not limited to, changes in
      address, employment, divorce, marriage, dependency status, Medicare eligibility or Coverage
      by another payer. The Plan should be notified within a reasonable time of the death of any
      Member.

Effective Date
       During Open Enrollment Period: An Eligible Employee or Retiree, and their Eligible
       Dependent(s), who enroll during a Open Enrollment Period shall be Covered as of the first
       (1st) day of January following the date that he or she completes the application for coverage,
       so long as the Plan receives the employee’s completed Employee Enrollment/Change Form
       within the Open Enrollment Period specified by the City of Wichita. Employees wishing to
       enroll dependents must provide appropriate documentation within forty-five (45) days after
       the effective date of the new coverage. Such documentation, may include, but is not limited
       to court order requiring dependent coverage, marriage license, adoption agreement, etc.




       City of Wichita SPD 2007.01.01                                                            33
       CHC-KS Compliance/JES                      86
       Newly Hired Employees: A newly hired Eligible Employee, and their Eligible Dependent(s),
       shall be Covered upon the first (1st) day of the calendar month from the date of hire, so long
       as the Plan receives the employee’s completed Employee Enrollment/Change Form within
       thirty (30) days of becoming eligible for Coverage. Employees wishing to enroll dependents
       must provide appropriate documentation within forty-five (45) days after the effective date of
       the new coverage. Such documentation, may include, but is not limited to court order
       requiring dependent coverage, marriage license, adoption agreement, etc.

       Newly Eligible Employees: An Eligible Employee, and their eligible Dependent(s), who
       become eligible for Coverage during the Plan year, shall be Covered as of the first (1st) day of
       the month following the date that he or she first becomes eligible so long as the Plan receives
       the employee’s completed Employee Enrollment/Change Form within thirty (30) days of
       becoming eligible for Coverage. Employees wishing to enroll dependents must provide
       appropriate documentation within forty-five (45) days after the effective date of the new
       coverage. Such documentation, may include, but is not limited to court order requiring
       dependent coverage, marriage license, adoption agreement, etc.

       Special Enrollees: Special enrollees shall be Covered under this Agreement as provided in
       this Section.     Employees wishing to enroll dependents must provide appropriate
       documentation within forty-five (45) days after the effective date of the new coverage. Such
       documentation, may include, but is not limited to court order requiring dependent coverage,
       marriage license, adoption agreement, etc.

Member Effective Date for Dependents
       Eligible Dependents who are special enrollees shall be Covered as stipulated in the Special
       Enrollment Section provided that a child born to the Subscriber or Subscriber’s Spouse is
       automatically Covered for the treatment of Injury or Illness, including medically diagnosed
       congenital defects, birth abnormalities, prematurity and routine nursery care, for the first
       thirty (30) days from the date of birth. To the extent permitted by applicable state law,
       additional premium shall be paid for this Coverage. For Coverage to continue beyond the first
       thirty (30) days, application to add the child as a Dependent must be received within thirty
       (30) days from the date of birth. Upon notification, if additional forms are required the
       Member will be provided all forms and instructions necessary to enroll the newly born child
       and an additional ten (10) days from the date the forms and instructions are provided in which
       to enroll the newly born child.

       An adopted child is Covered from the date of birth if a petition for adoption is filed within
       thirty (30) days of the birth of such child or from the date of placement for the purpose of
       adoption if a petition for adoption is filed within thirty (30) days of placement of such child.
       Such Coverage shall continue until the legal adoption occurs or the date that the placement is
       disrupted prior to legal adoption and the child removed from placement. In this section,
       placement means in the physical custody by the adoptive parent.

       Dependents eligible for Coverage as a result of a Qualified Medical Child Support Order
       (“QMCSO”) shall be Covered as of the date specified in the order. If no date is specified in
       the order, Coverage shall be effective as of the date the order is issued by the court. In
       addition, a Subscriber, a state agency, or an Alternate Recipient may enroll a Dependent child
       pursuant to the terms of a valid QMCSO. A child who is eligible for Coverage pursuant to a
       QMCSO may not enroll Dependents for Coverage under the Plan.




       City of Wichita SPD 2007.01.01                                                           34
       CHC-KS Compliance/JES                   87
Dependent Coverage under the Plan is subject to payment of the required contribution by the
Subscriber, if any contribution is required. In the case of a child who is eligible for Coverage
pursuant to a QMCSO, payment of the required contribution is to be made for such child, by
the custodial parent or legal guardian of such child, or by a state agency. The Plan will notify
the Employer Group of the amount of the required total Premium payable to the Plan. Upon
agreement by the Plan and the Employer Group, the parties may change the required
Premium contribution of Subscribers.




City of Wichita SPD 2007.01.01                                                           35
CHC-KS Compliance/JES                   88
                                         TERMINATION OF COVERAGE

Termination of Coverage For Members
       Your Coverage shall terminate, on the last day of the month for which the required premium is
       paid, if any one of the following events occurs:

       You no longer meet the eligibility requirements set forth in this SPD, including, without
       limitation, upon termination of the Subscriber from Employment; the Member entering active
       military service; divorce or legal separation from the Subscriber; or when a Dependent child
       reaches the Limiting Age.

       You are retired and have reached age 65; see Retiree Coverage under Eligibility, Enrollment,
       and Effective Dates.

       You fail to pay premiums. NOTE: In the event that the Plan has not received payment of
       premium at the end of the thirty-one (31) days notice period (and any grace period, if
       applicable), you will be retroactively terminated to the date Covered by Your last paid
       premium. You will be responsible for the value of services rendered during the thirty-one (31)
       days notice period (and any grace period, if applicable).

       You participate in fraudulent or criminal behavior, including but not limited to:

       Performing an act or practice that constitutes fraud or intentionally misrepresenting material
       facts including using Your identification card to obtain goods or services which are not
       prescribed or ordered for You or to which You are otherwise not legally entitled. In this
       instance, Coverage for the Subscriber and all Dependents will be terminated.

       Allowing any other person to use Your identification card to obtain services. If a Dependent
       allows any other person to use his/her identification card to obtain services, the Coverage of the
       Dependent who allowed the misuse of the card will be terminated. If the Subscriber allows any
       other person to use his/her identification card to obtain services, the Coverage of the Subscriber
       and his/her Dependents will be terminated.

       Knowingly misrepresenting or giving false information on any enrollment application form
       which is material to the Plan’s acceptance of such application. The validity of the policy shall
       not be contested, except for non-payment of premiums, after the Plan has been in force for two
       years from the date of issue, and no initial statement made by a Member regarding insurability
       shall be used as a reason for disenrollment after the Plan has been in force for two years from
       the date of issue.

Termination of Coverage without Notice. Your Coverage shall immediately terminate if the Plan
terminates.

Effect of Termination.
If a Covered Person’s coverage under this Plan is terminated, all rights to receive Covered Services
shall end on the last day of the pay period in which the employee terminates; or the last day of the
calendar month in which contributions were made if premiums due were not made by the due date.
Identification cards are the property of the Plan and, upon request, shall be returned to the Plan



        City of Wichita SPD 2007.01.01                                                           36
        CHC-KS Compliance/JES                   89
Sponsor. Identification cards are for purposes of identification only and do not guarantee eligibility to
receive Covered Services.
NOTE: It is the employee's responsibility to notify the Human Resources Department in writing within
30 days when an employee or a Covered Dependent has a qualifying event occur and that employee or
dependent is no longer eligible for benefits. Any claims paid after that date must be reimbursed to
the Plan.


Certificates of Creditable Coverage.
       At the time Coverage terminates, You are entitled to receive a certificate verifying the type of
       Coverage, the date of any waiting periods, and the date any Creditable Coverage began and
       ended.

Effect of “Opt Out” Provision

        If an employee elects to opt out of the City of Wichita Group Health Benefit Plan because they
        have become eligible under another Plan, a letter of documentation depicting other coverage is
        in effect, is required to be provided to the Human Resources Office no later than 30 days of
        becoming effective for coverage.




        City of Wichita SPD 2007.01.01                                                           37
        CHC-KS Compliance/JES                    90
                                         CONTINUATION RIGHTS
Continuation of Coverage Under the Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA).
What Is COBRA Continuation Coverage?
COBRA continuation coverage is a continuation of plan coverage when coverage would otherwise
end because of a life event known as a “qualifying event.” Specific qualifying events are listed later
in this notice. After a qualifying event, COBRA continuation coverage must be offered to each
person who is a “qualified beneficiary.” You, Your dependent spouse, and Your dependent children
could become qualified beneficiaries if coverage under the group benefits plan is lost because of the
qualifying event. Under the Plan, qualified beneficiaries who elect COBRA continuation coverage
must pay for COBRA continuation coverage.


If You are an Employee, You will become a qualified beneficiary if You lose Your coverage under
the Plan because any of the following qualifying events happens:
•   Your hours of employment are reduced, or
•   Your employment ends for any reason other than Your gross misconduct.

If You are the spouse of an Employee, You will become a qualified beneficiary if You lose Your
coverage under either plan because any of the following qualifying events happens:
•   The Employee dies;
•   The Employee’s hours of employment are reduced;
•   The Employee’s employment ends for any reason other than his or her gross misconduct;
•   The Employee becomes entitled to Medicare benefits (under Part A, Part B, or both); or
•   You become divorced or legally separated from the Employee.

Your dependent children will become qualified beneficiaries if they lose coverage under the Plan
because any of the following qualifying events happens:
•   The Employee dies;
•   The Employee’s hours of employment are reduced;
•   The Employee’s employment ends for any reason other than his or her gross misconduct;
•   The Employee becomes entitled to Medicare benefits (Part A, Part B, or both);
•   The parents become divorced or legally separated; or
•   The child stops being eligible for coverage under the plan as a “dependent child.”




        City of Wichita SPD 2007.01.01                                                         38
        CHC-KS Compliance/JES                   91
When Is COBRA Coverage Available?
The Plan will offer COBRA continuation coverage to qualified beneficiaries only after the Plan
Administrator has been notified that a qualifying event has occurred. When the qualifying event is
the end of employment or reduction of hours of employment, death of the employee, or employee’s
becoming entitled to Medicare benefits (Part A, Part B, or both), the employer must notify the plan
administrator of the qualifying event.


You Must Give Notice Of Some Qualifying Events to the Human Resources Department
For other qualifying events (divorce or legal separation of the employee and spouse or a dependent
child’s losing eligibility for coverage as a dependent child), You must provide notice to the City of
Wichita Human Resources Department 60 days after the qualifying event occurs or, if later, the date
coverage would be lost as a result of the qualifying event. The notice must include all of the
following: (a) the name of the plan, (b) a description of the qualifying event, (c) the date the
qualifying event occurred, and (d) the name of the covered employee and all dependents. Failure to
provide timely notice may affect Your right to elect continuation coverage.


How Is COBRA Coverage Provided?
Once the plan administrator receives notice that a qualifying event has occurred, COBRA
continuation coverage will be offered to each of the qualified beneficiaries. Each qualified
beneficiary will have an independent right to elect COBRA continuation coverage. Covered
employees may elect COBRA continuation coverage on behalf of their spouses, and parents may elect
COBRA continuation coverage on behalf of their children.


COBRA continuation coverage is a temporary continuation of coverage. When the qualifying event
is the death of the employee, the employee’s entitlement to Medicare benefits (Part A, Part B, or
both), divorce or legal separation, or a dependent child’s losing eligibility as a dependent child,
COBRA continuation coverage lasts for up to a total of 36 months.


When the qualifying event is the end of employment or reduction of the employee’s hours of
employment, and the employee became entitled to Medicare benefits less than 18 months before the
qualifying event, COBRA continuation coverage for qualified beneficiaries other than the employee
lasts until 36 months after the date of Medicare entitlement. For example, if a covered employee
becomes entitled to Medicare 8 months before the date on which his employment terminates, COBRA
continuation coverage for his spouse and children can last up to 36 months after the date of Medicare
entitlement, which is equal to 28 months after the date of the qualifying event (36 months minus 8
months).


Otherwise, when the qualifying event is the end of employment or reduction of the employee’s hours
of employment, COBRA continuation coverage generally lasts for only up to a total of 18 months.
There are two ways in which this 18-month period of COBRA continuation coverage can be
extended, both of which are described in the following two paragraphs.




        City of Wichita SPD 2007.01.01                                                        39
        CHC-KS Compliance/JES                  92
Disability Extension Of 18-Month Period Of Continuation Coverage
If You or anyone in Your family covered under a plan is determined by the Social Security
Administration to be disabled and You notify the plan administrator in a timely fashion, You and
Your entire family may be entitled to receive up to an additional 11 months of COBRA continuation
coverage, for a total maximum of 29 months. The disability would have to have started at some time
before the 60th day of COBRA continuation coverage and must last at least until the end of the 18-
month period of continuation coverage. You must provide this notice to the Department of Human
Resources, 455 N. Main Street, Wichita, KS 67202. The notice must be provided within 60 days of
receiving the disability determination by the Social Security Administration but in no event later than
the end of the first 18 months of continuation coverage. The notice also must include all of the
following: (a) the name of the plan, (b) a copy of the Social Security determination, (c) a signed
statement that the Social Security Administration has not made a subsequent determination to change
the individual’s disability status, and (d) the name of the covered employee and all dependents.
Failure to provide timely notice may affect Your right to extend coverage beyond the regular 18-
month period.


Second Qualifying Event Extension Of 18-Month Period Of Continuation Coverage
If Your family experiences another qualifying event while receiving 18 months of COBRA
continuation coverage, Your spouse and dependent children can get up to 18 additional months of
COBRA continuation coverage, for a maximum of 36 months, if notice of the second qualifying event
is properly given to the plan. This extension may be available to the spouse and any dependent
children receiving continuation coverage if the employee or former employee dies, becomes entitled
to Medicare benefits (under Part A, Part B, or both), or gets divorced or legally separated, or if the
dependent child stops being eligible under the plan as a dependent child, but only if the event would
have caused the spouse or dependent child to lose coverage under the plan had the first qualifying
event not occurred. You must notify the plan within 60 days after the second qualifying event occurs
or, if later, the date coverage would be lost as a result of the qualifying event. The notice should be
sent to the Human Resources Department, 455 North Main Street; Wichita, KS 67202 and must
include all of the following: (a) the name of the plan, (b) a description of the qualifying event, (c) the
date the qualifying event occurred, and (d) the name of the covered employee and all dependents.
Failure to provide timely notice may affect Your right to elect continuation coverage.


Continuation of Coverage Following FMLA
Once the Plan or the Plan Sponsor is notified or otherwise determines that an Employee is not
returning to employment following a period of FMLA leave, the Employee may elect to continue
his/her coverage under the COBRA continuation rules, as described herein. The qualifying event
entitling the Qualified Beneficiaries to COBRA continuation coverage is the last day of the
Employee’s FMLA leave.


Cost of Continuation Coverage
Except as a higher amount is allowed when continuation coverage is extended due to disability, the
Plan may require all Qualified Beneficiaries to pay a premium for continuation coverage of up to one
hundred two percent (102%) of the Plan's cost for a "similarly situated" eligible covered individual.




        City of Wichita SPD 2007.01.01                                                            40
        CHC-KS Compliance/JES                    93
If You Have Questions
Questions concerning Your Plan or Your COBRA continuation coverage rights should be addressed
to the Human Resources Department. For more information about Your rights under COBRA, the
Health Insurance Portability and Accountability Act (HIPAA), and other laws affecting group health
plan, contact the nearest Regional or District Office of the U.S. Department of Labor’s Employee
Benefits Security Administration (EBSA) in Your area or visit the EBSA website at
www.dol.gov/ebsa. Addresses and phone numbers of Regional and District EBSA Offices are
available through EBSA’s website.


Keep Your Plan Informed Of Address Changes
In order to protect Your family’s rights, You should keep the Plan informed of any changes in the
addresses of family members. You should also keep a copy, for Your records, of any notices You
send to the Plan Administrator.


Plan Contact Information
If You have any questions about the medical plan or COBRA continuation coverage, please contact
the Human Resources Department.




       City of Wichita SPD 2007.01.01                                                      41
       CHC-KS Compliance/JES                 94
                                         IMPORTANT NOTICES


The Women’s Health and Cancer Rights Notice
In accordance with the Women’s Health and Cancer Rights Act of 1998 (WHCRA), the following
coverage is offered to a Covered Person who elects the following services in connection with a
mastectomy:
    •    Reconstruction of the breast on which the mastectomy has been performed;

    •    Surgery and reconstruction of the other breast to produce symmetrical appearance; and

    •    Coverage for prostheses and physical complications of all stages of mastectomy, including
         lymphedemas, in a manner determined in consultation with the attending physician and the
         patient.
Newborns’ and Mothers’ Health Protection Act
Group health plans generally may not, under federal law, restrict benefits for any hospital length of
stay in connection with childbirth for the mother or newborn child to less than 48 hours following a
vaginal delivery, or less than 96 hours following a cesarean section. However, federal law generally
does not prohibit the mother’s or newborn’s attending provider, after consulting with the mother,
from discharging the mother or her newborn earlier than 48 hours (or 96 hours as applicable). In any
case, plans may not, under federal law, require that a provider obtain authorization from the Plan or
the Administrative Service Provider for prescribing a length of stay not in excess of 48 hours (or 96
hours).


Military Leave of Absence
In the event an Employee, who is a member of the United States Armed Forces Reserves, is called to
active duty he may elect to continue Plan coverage for up to 24 months, beginning on the date the
employee’s absence starts, as mandated by the Uniformed Services Employment and Reemployment
Rights Act (USERRA). The employee may be required to pay up to 102% of the full premium cost for
continuation coverage, except a person on active duty for 31 days or less will not be required to pay more
than the employee’s share, if any, for the coverage. These rights apply only to employees and their
dependents covered under the Plan before leaving for military service. If You have any questions
regarding military leave of absence, continuation of coverage, the cost of continued coverage or the
maximum period of such coverage, please contact the Human Resources Department. If You elect
Coverage pursuant to USERRA, that Coverage will be deemed to run concurrent with Your COBRA
Coverage.


If Your participation in this Plan is terminated by reason of service in the uniformed services, Your
coverage will be reinstated upon re-employment without any exclusions or waiting periods that would
not have applied if coverage had not been terminated. However, applicable exclusions may be
imposed with respect to coverage of any illness or injury determined by the Secretary of Veterans
Affairs to have been incurred or aggravated during service in the military.


Family and Medical Leave of Absence
The Family and Medical Leave Act (FMLA) provides leaves of absence up to 12 weeks for the birth



        City of Wichita SPD 2007.01.01                                                            42
        CHC-KS Compliance/JES                    95
or adoption of a child, care of an immediate family member with a serious health condition, or
because of the employee’s inability to perform the functions of his or her job due to the employee’s
own serious health condition. Health coverage benefits during Your approved leave of absence under
The Family and Medical Leave Act, will continue as long as You pay any required contributions. If
You do not return to work at the end of an approved leave, you will be required to reimburse the
employer the difference between any required contributions and the total monthly premium.


Under the law, employees are eligible if they have worked for a covered employer for at least one year,
and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles.
City of Wichita will consider the 12-month period to begin on the date the employee’s FMLA leave first
begins.


It is the employee’s responsibility to request leave under the FMLA and to comply with all requests for
information, such as medical certifications, made by Your employer. When the need for leave is
foreseeable, the employee must provide reasonable prior notice and make efforts to schedule leave so as
not to disrupt company operations.


If You have any questions concerning Your rights under the Family and Medical Leave Act, or Your
employer's responsibilities under the Act, please contact the Human Resources Department.

Medicare Part D: Important Notice to Medicare Eligible Participants
Please read this section carefully. This section has information about your current prescription drug
coverage with this Plan and about your options under Medicare’s prescription drug coverage.
Medicare prescription drug coverage became available in 2006 to everyone with Medicare. This
section also explains where to find more information to help you make decisions about your
prescription drug coverage.


The Plan Administrator has determined that the prescription drug coverage offered under this Plan is,
on average for all plan participants, expected to pay out as much as the standard Medicare
prescription drug coverage will pay. It explains the options you have under the Medicare prescription
drug coverage and can help you decide whether or not you want to enroll in the Medicare prescription
drug coverage.


Because your coverage under this Plan is on average at least as good as standard Medicare
prescription drug coverage, you can keep this coverage and not pay extra (a penalty) if you later
decide to enroll in Medicare prescription drug coverage. You can join a Medicare prescription drug
plan when you first become eligible for Medicare and each year from November 15 through
December 31. However, because you have existing prescription drug coverage that, on average, is as
good as Medicare coverage, you can choose to join a Medicare prescription drug plan later.


If you decide to enroll in a Medicare prescription drug plan and drop your coverage under this Plan,
be aware that you may not be able to get this coverage back. You should compare your coverage
under this Plan, including which drugs are covered, with the coverage and cost of the Plans offering
Medicare prescription drug coverage in your area. Your coverage under this Plan pays for other



        City of Wichita SPD 2007.01.01                                                           43
        CHC-KS Compliance/JES                   96
health expenses in addition to prescription drugs. If you choose to drop this Plan and enroll in
Medicare prescription drug coverage, you will also lose all of those health benefits under this Plan
including your current prescription drug benefits. Your current prescription drug benefits are outlined
in the Schedule of Benefits of this document.


You should also know that if you drop or lose your coverage with the Plan and do not enroll in
Medicare prescription drug coverage after your coverage under this Plan ends, you may pay more to
enroll in Medicare prescription drug coverage later. If you go 63 continuous days or longer without
prescription drug coverage that is at least as good as Medicare’s prescription drug coverage; your
monthly premium will go up a least 1% per month for every month that you did not have that
coverage. For example, if you go nineteen (19) months without coverage, your premium will always
be at least 19% higher than what most other people pay. You will have to pay this higher premium (a
penalty) as long as you have Medicare coverage. In addition, you may have to wait until next
November to enroll.


You may receive this notice at other times in the future such as before the next period you can enroll
in Medicare prescription drug coverage and if coverage under this Plan should change. You may also
request more information regarding Medicare prescription drug coverage under Medicare Part D;
please contact the Human Resources Department.


More detailed information about the Medicare Plans that offer prescription drug coverage is available
in the “Medicare and You” handbook published by the Centers for Medicare and Medicaid Services
(“CMS”), the federal agency responsible for the Medicare program. You can get more information
about the Medicare prescription Drug Plans from these places:
    •   Visit www.medicare.gov for personalized help;
    •   Contact your State Health Insurance Assistance Program (information found in the “Medicare
        and You” handbook)
    •   Contact Medicare at 1-800-MEDICARE (1-800-633-4227). TTY users should call 1-877-
        486-2048.
For people with limited income and resources, extra help paying for a Medicare Prescription Drug
Plan is available; for more information contact the Social Security Administration (SSA) or visit
online at www.socialsecurity.gov, or call at 1-800-772-1213 (TTY 1-800-325-0778).




        City of Wichita SPD 2007.01.01                                                          44
        CHC-KS Compliance/JES                   97
                                         COVERED SERVICES


The Plan covers only those services and supplies that are (1) deemed Medically Necessary as well as
not considered Experimental or Investigational, (2) Pre-Certified, if Pre-Certification is required, (3)
not expressly excluded in the list of Exclusions and Limitations section as set forth in this SPD, and (4)
incurred while the Member is eligible for Coverage under the Plan. It is the Member’s responsibility to
verify whether a Covered Service requires Pre-Certification and should always reference the Schedule
of Pre-Certification Requirements prior to receiving Covered Services. A Member should not assume
that a Participating Provider has already accomplished the Pre-Certification.

The following section, Covered Services, provides the services and supplies Covered. The schedule
is provided to assist You with determining the level of Coverage, limitations, and exclusions that apply
for Covered Services when determined to be Medically Necessary, subject to the Exclusions and
Limitations section set forth in this SPD. If a service is not specifically listed and not otherwise
excluded, please contact the Plan to confirm whether the service is a Covered Service.

Please note that the Covered Services in the schedule below are subject to all applicable Exclusions
and Limitations of this SPD.

Covered Services

Abortion is provided for Elective and non-Elective Abortions.
Allergy testing, diagnosis, treatment, allergy serum, and the administration of injections.
Ambulance (air and ground) for Emergency ambulance transportation, when transport by other
means is not medically safe, by a licensed ambulance service to the nearest Hospital where
Emergency services can be rendered.
Blepharoplasty when determined medically necessary subject to the Plan’s guidelines and criteria.
Blood and Blood Products Processing for administration, storage, and processing of blood and blood
products in connection with services Covered under the SPD.
Breast Reconstruction for breast Reconstructive Surgery and prosthesis following a Medically
Necessary mastectomy resulting from diagnosed cancer. As required by the Women’s Health and
Cancer Rights Act (“WHCRA”), after a Covered mastectomy, benefits will be provided for
augmentation and reduction of the affected breast, augmentation or reduction on the opposite breast to
restore symmetry, prosthesis, and treatment of physical complications at all stages of the mastectomy,
including lymphedema. This also includes nipple reconstruction.
Cardiac Rehabilitation Services, but limited to treatment for conditions that in the judgment of a
Provider and the Medical Director are subject to significant improvement of Your condition.
Chemical Dependency Benefits subject to the Schedule of Benefits; for Inpatient treatment in a
Hospital or Residential Treatment Facility, including the services of mental health professionals, or
through a Medical or Social Setting Detoxification program; and Outpatient treatment, including
service provided through a Nonresidential Treatment Program or through partial or full-Day-Program
Services.
Chemotherapy for standard chemotherapy, including, but not limited to, dose-intensive
chemotherapy for the treatment of breast cancer; subject to the Plan’s Experimental and
Investigational exclusion.




        City of Wichita SPD 2007.01.01                                                           45
        CHC-KS Compliance/JES                    98
Child Health Supervision Services for the periodic review of a Dependent child’s physical and
emotional status by a Physician or pursuant to a Physician’s supervision. A review shall include a
history, complete physical examination, development assessment, anticipatory guidance, appropriate
immunizations and laboratory tests consistent with prevailing standards. Periodic reviews are
Covered, at a minimum, from the date of birth through the age of twelve years at the following
intervals: birth, two months, four months, six months, nine months, twelve months, eighteen months,
two years, and yearly after age two.
Chiropractic Services See the Spinal Manipulations/Chiropractic Services Section.
Clinical Trials for those costs incurred for drugs and devices that have been approved for sale by the
FDA, regardless of whether approved by the FDA for use in treating the Member’s particular
condition, including Coverage for Medically Necessary services needed to administer the drug or use
the device under evaluation in the clinical trial.
Colorectal Cancer Screening for a colorectal cancer exam and related laboratory testing for any
asymptomatic Member pursuant to the Plan’s criteria, which are in accordance with the current
American Cancer Society and U.S. Preventive Services Taskforce guidelines.
Contraceptive Devices for contraceptive implants, diaphragms, and IUDs (including their insertion
and removal), as specifically provided in the Schedule of Benefits. Contraceptive supplies and
devices obtained at a pharmacy are only covered through a pharmacy Rider.
Dental Services for the removal of tumors and cysts of the jaws, lips, cheeks, tongue, roof and floor
of the mouth, and removal of bony growths of the jaw, soft and hard palate; surgical and non-surgical
treatment of Myofascial Pain Syndrome (MPDS) and Temporomandibular Joint Dysfunction
Syndrome (TMJ), including initial diagnostic examination and x-rays, follow-up office visits, and
appliances (night guards and bite plates); acute trauma of sound, natural teeth caused directly by an
accidental injury (not from biting or chewing) within a twelve (12) month consecutive time period
from the date of injury; removal of bony impacted wisdom teeth; and x-rays when required in
connection with Covered oral surgery.
There shall also be Coverage for the administration of general anesthesia and Hospital charges for
dental care provided to the following Members:
    (1) A Dependent child age of five and under;
    (2) A Member who is severely disabled; or
    (3) A Member who has a medical or behavioral condition which requires hospitalization or
        general anesthesia when dental care is provided.
    The Coverage for the administration of general anesthesia and Hospital charges must be
    provided regardless of whether the dental services are provided in a Hospital, surgical center or
    office.
Dermatological Services for the necessary removal of a skin lesion that interferes with normal body
functions or is suspected to be malignant.
Dialysis for hemodialysis and peritoneal services provided by outpatient or inpatient facilities or at
home. For home dialysis, equipment, supplies, and maintenance will be a Covered Service.
Diabetic Supplies includes Plan approved glucose meters and self-management training used in
connection with the treatment of diabetes. Disposable insulin syringes, glucose strips, and lancets are
Covered under the pharmacy. See Prescription Drug.
Durable Medical Equipment (“DME”) when determined to be necessary and reasonable for the
treatment of an illness or injury, or to improve the functioning of a malformed body member; rental



        City of Wichita SPD 2007.01.01                                                          46
        CHC-KS Compliance/JES                   99
or purchase at the discretion of the Plan. Upgrades to equipment are the responsibility of the
Member.
Emergency Services for health services and supplies furnished or required to screen and stabilize an
Emergency Medical Condition provided on an outpatient basis at either a Hospital or an Alternate
Facility; You should notify Your Physician and the Plan within 48 hours of admission or the next
business day or as soon as physically able. The determination of Covered Services for services
rendered in an emergency facility is based on the prudent layperson standard, along with those
relevant symptoms and circumstances that preceded the provision of care.
If Medically Necessary follow-up care related to the initial Emergency Medical Condition service is
required, you should contact and coordinate with Your Physician.

Enteral Nutrition (tube feeding) only when the following criteria are met, not including enteral
products which can be administered orally or those that can be purchased over-the-counter.
        (1) The medical records indicate the Member’s medical condition has existed longer than
        three months; and
        (2) The Member’s medical condition prevents food from reaching the intestines or prevents
        absorption of food in the intestines; and
        (3) The condition requires tube feedings to provide sufficient nutrients to maintain weight and
        strength. Adequate nutrients must not be possible by dietary adjustment and/or oral
        supplements.
Eye Glasses and Corrective Lenses for the first pair of eyeglasses or corrective lenses following
cataract surgery; or one pair of contact lenses or one pair of sclera shells intended for use as corneal
bandages or for medically-diagnosed eye diseases approved by the Plan Medical Director.
Genetic Counseling and genetic studies only when required for diagnosis or treatment of genetic
abnormalities where historical evidence suggests a potential for such abnormalities and the testing
will alter the outcome of treatment.
Growth Hormone therapy for Dependent children less than 18 years of age, who meet the criteria for
coverage and who have been appropriately diagnosed to have an actual growth hormone deficiency
according to clinical guidelines used by the Plan.
Gynecological Examinations for well-woman examinations, including services, supplies and related
tests by an obstetrician, gynecologist or obstetrician/gynecologist, in accordance with the current
American Cancer Society and the U.S. Preventive Services Taskforce Guidelines.
Hearing Screenings for a hearing screening to determine hearing loss.
Home Health Care Services when all of the following requirements are met:
        (1) the service is ordered by a Physician;
        (2) services required are of a type which can only be performed by a licensed nurse, physical
        therapist, speech therapist, respiratory therapist, or occupational therapist;
        (3) part-time intermittent services are required;
        (4) a treatment plan has been established and periodically reviewed by the ordering
        Physician; and
        (5) the agency rendering services is licensed by the State of location.
Hospice rendered by a Provider for treatment of a terminally ill Member when ordered by a



        City of Wichita SPD 2007.01.01                                                           47
        CHC-KS Compliance/JES                   100
Physician. Care through a hospice program includes supportive care involving the evaluation of the
emotional, social and environmental circumstances related to or resulting from the Illness, and
guidance and assistance during the Illness for the purpose of preparing the Member and the Member’s
family for a terminal Illness.
Infertility for office visits, diagnostic studies and certain surgical procedures specifically surgical
correction of physiological abnormalities causing infertility, which are related to diagnosing and
treatment of Infertility when listed in the Schedule of Benefits. See Prescription Drug.
Injectable Drugs see Prescription Drugs
Inpatient Hospital Care including semi-private accommodations and associated professional and
ancillary services. Certain services rendered during a Member’s Confinement may be subject to
separate benefit restrictions and/or Copayments as described in the Schedule of Benefits and Schedule
of Exclusions.
Insulin see Prescription Drug
Laboratory and Pathology Services
Maternity Services are treated as any other Illness; including the birth mother’s delivery expenses of
a Child adopted by a Member within ninety (90) days of such Child’s birth, which shall be subject to
the limitations and exclusions of this Agreement. Coverage includes mother and her newborn child
for forty-eight (48) hours of post-natal maternity care for vaginal delivery and ninety-six (96) hours of
post-natal maternity care for cesarean delivery. The Plan may authorize a shorter hospital stay if the
attending provider, after consulting with the mother, approves discharging earlier than 48 hours (or 96
hours as applicable). The discharge shall be made in accordance with the most current version of the
“Guidelines for Perinatal Care”, or similar guidelines; and the Plan shall provide post-discharge care
consisting of two visits by a registered professional nurse. The location and schedule of the post-
discharge visits shall be determined by the attending physician who has approved the early discharge.
Inpatient Hospital services may be subject to Member responsibility as defined in the Schedule of
Benefits.
Mental Health Benefits subject to the Schedule of Benefits; for Inpatient treatment in a Hospital or
Residential Treatment Facility, including the services of mental health professionals; and Outpatient
treatment, including treatment through a partial or full-Day Program Services. The Plan contracts
with an outside vendor to coordinate and determine Medical Necessity of the diagnosis and treatment
of all biologically based Mental Illnesses, psychiatric conditions, and Substance Abuse (“Mental
Health and Substance Abuse”). If You have any questions about Your Mental Health and Substance
Abuse Coverage, the appropriate way to access Coverage, or to Pre-Certify care for Mental Health
and Substance Abuse, you must contact the contracted vendor. The vendor’s name and telephone
number are listed on the back of Your ID card and on the Additional Information section following
this SPD.
Newborn Care for eligible newborn children for Injury or Illness, Reconstructive Surgery for the
treatment of medically diagnosed congenital defects or birth abnormalities; screening for
phenylketonuria (“PKU”) and such other common metabolic or genetic diseases; and newborn
hearing screening examinations, any necessary re-screening, audiological assessment and any
requisite follow-up.
Nutritional Counseling when provided by a registered dietician and when the Member is diagnosed
with diabetes.
Oral Contraceptives See Prescription Drugs
Oral Surgery and Diseases of the Mouth for diseases of the mouth, unless the condition is due to
dental disease or of dental origin, limited to the reduction or manipulation of fractures of facial bones;


        City of Wichita SPD 2007.01.01                                                            48
        CHC-KS Compliance/JES                    101
excision of lesions of the mandible, mouth, lip, or tongue; incision of accessory sinuses, mouth,
salivary glands, or ducts; reconstruction or repair of the mouth or lip necessary to correct anatomical
functional impairment caused by congenital defect.
Orthotic Devices for the initial purchase of Orthotic Appliances following the onset or initial
diagnosis of the condition for which the device is required, including splints and braces, necessary
adjustments to shoes to accommodate braces. Shoe inserts and orthopedic shoes will be Covered only
if the Member has diabetes with demonstrated peripheral neuropathy OR the insert is needed for a
shoe that is part of a brace; orthopedic shoes are limited to one pair per Calendar year.
Osteoporosis related to diagnosis, including central bone density test; medically necessary treatment
and appropriate management of osteoporosis. In determining medical appropriateness, due
consideration shall be given to peer-reviewed medical literature.
Outpatient Diagnostic Services and supplies for outpatient diagnostic services provided under the
direction of a Provider at a Hospital or Alternate Facility; testing pregnant women and children for
lead poisoning shall be covered as any other outpatient diagnostic service; and human leukocyte
antigen testing, also referred to as histocompatibility locus antigen testing for A, B, and DR antigens.
Outpatient Surgery provided under the direction of a Provider at a Hospital or Alternate Facility.
Outpatient Therapy Services for short-term outpatient therapy services that are expected to result in
significant functional improvement of the Member's condition, limited to physical therapy,
occupational therapy, and speech therapy. Speech therapy is covered for loss or impairment of
speech or hearing. The phrase “loss or impairment of speech or hearing” shall include those
communicative disorders generally treated by a speech pathologist, audiologist or speech/language
pathologist licensed by the state board of healing arts or certified by the American Speech-Language
and Hearing Association (ASHA), or both and which fall within the scope of his/her license or
certification.
PKU or any other Amino and Organic Acid Inherited Disease Formula/Food for formula and/or food
used for PKU or any other amino and organic acid inherited disease that is recommended by a
Provider as determined by the Plan to be Medically Necessary.
Physician Services including but not limited to, office visits, Hospital visits, consultations, and
interpretation of tests.
Podiatry Services is provided for Physician visits and certain outpatient surgeries.
Prescription Drugs includes some over-the-counter medications or disposable medical supplies and
a compound substance when it meets the Plan’s criteria and the product is not available commercially
and will be covered when written by a Prescribing Provider; filled at a pharmacy, including a Mail
Order or Specialty Pharmacy; as administered by the Prescription Drug Manager; and detailed on the
Schedule of Benefits. Any applicable Copayments and Ancillary charges do not apply toward the
deductible or out-of-pocket maximum. The following also applies:
    •   Generically equivalent pharmaceuticals will be dispensed whenever there is an FDA
        approved generic drug. If you choose to receive a brand name Prescription Drug when a
        Generic Drug is available, You will be responsible for the Ancillary Charge and the appropriate
        Copayment. The Ancillary Charge will be due regardless of whether or not the Prescribing
        Provider indicates that the pharmacy is to "Dispense as Written." Your total responsibility shall
        not exceed the average wholesale price (“AWP”) of the Prescription Drug.
    •   Insulin up to a ninety-three (93) day supply, may be dispensed at three times the applicable
        Copayment.




        City of Wichita SPD 2007.01.01                                                           49
        CHC-KS Compliance/JES                   102
   •   Diabetic supplies (insulin syringes, with or without needles, needles, blood and urine glucose
       test strips, lancets and devices, ketone test strips and tabs) will be dispensed, up to a ninety three
       (93) day supply, with a $0 copayment when included on the Formulary or at three times the
       non-Formulary copay for non-Formulary supplies.
   •   Drugs, oral and injectable used for the primary purpose of, or in connection with treating
       infertility are covered under the pharmacy benefit. Members are responsible for the lesser of
       the Non-Formulary Copayment level or the pharmacy retail price, for oral and/or injectable
       drugs used for treating infertility. All other Prescription Drug Benefits, Eligible Charges,
       Limitations and Exclusions would apply. All drugs will require Pre-Certification before each
       course or treatment. Infertility treatment will be limited to three (3) cycles of Clomiphene
       Citrate; three (3) cycles of Gonadotropins or Cetrotide; and three (3) cycles of Human
       Chorionic Gonadotropin.

   •   Oral contraceptives, up to a maximum of three (3) cycles may be dispensed at three times the
       applicable Copayment.

   •   Coverage of therapeutic devices or supplies requiring a Prescription Order and prescribed by
       a Prescribing Provider is limited to Plan approved devices, supplies, or spacers for metered
       dose inhalers.

   •   Coverage through the Mail Order Pharmacy is not available on drugs that cannot be shipped
       by mail due to state or federal laws or regulations, or when the Plan considers shipment
       through the mail to be unsafe. Examples of these types of drugs include, but are not limited
       to, narcotics, amphetamines, DEA controlled substances or anticoagulants.

   •   Self-Administered Injectable drugs obtained through a Specialty Pharmacy as determined by
       the Plan, subject to Precertification; as specified by the Schedule of Benefits. Injectables
       such as insulin glucagon, bee sting kits, Imitrex and injectable contraceptives that are
       commonly and customarily administered by the Member are not subject to this provision and
       may be obtained through a retail pharmacy as detailed above.

Preventive Services for wellness benefits including:
   •   Immunizations (except those required for travel or employment) as recommended by the
       American Academy of Pediatrics or other nationally recognized health care agency. Covered
       Services for routine and necessary immunizations for Dependent children from birth up to 72
       months shall be provided at 100% of the allowable charge and will not be subject to any
       Copayment requirements. Adult immunizations are Covered as per guidelines of the Center
       for Disease Control and Prevention (“CDC”) and the U.S. Preventive Services Taskforce
       Guidelines. Any office visit charges incurred, in conjunction with these immunizations will be
       subject to the Deductible, Copayment or Coinsurance as listed in the Schedule of Benefits;
   •   Well child care;
   •   Flu shots;
   •   Cholesterol screening;
   •   Coronary artery disease risk screening, such as routine laboratory tests, physical examination,
       and routine EKG;
   •   Blood pressure screening;
   •   Colorectal examinations;



       City of Wichita SPD 2007.01.01                                                                50
       CHC-KS Compliance/JES                     103
    •     Fecal occult blood screening;
     •    Routine annual gynecological examination and Pap Smear;
     •    One (1) mammogram per Calendar Year or more frequently if ordered by a Physician; and
     •    Both a prostate-specific antigen blood test and a digital rectal exam for men 40 years of age
          or older who are symptomatic or in a high-risk category and for all men 50 years of age or
          older.
Prosthetic Devices for the initial purchase of Prosthetic Devices following the onset or initial
diagnosis of the condition for which the device is required. For Prosthetic Device placements
requiring a temporary and then a permanent placement only one (1) temporary device will be
Covered. Coverage is provided for Prosthetic Devices, including but not limited to, purchase of
artificial limbs, breasts, and eyes, which meet the minimum requirements or specifications which are
Medically Necessary for treatment, limited to the basic functional device which will restore the lost
body function or part. Coverage is provided for external Prosthetic Devices that are used in lieu of
surgery for breast reconstruction due to a mastectomy.
Replacement of Prosthetic Devices, which become non-functional and non-repairable due to: (1) A
change in the physiological condition of the Member; (2) Irreparable wear or deterioration from day-
to-day usage over time of the device; or (3) The condition of the device requires repairs and the cost
of such repairs would be greater than the cost of a replacement device.
Prosthetics will be replaced for documented growth in a Dependent child requiring replacement.
Polishing and resurfacing of eye prosthetics are Covered on a yearly basis.
Coverage for Prosthetic devices will be subject to the benefit limit as expressed in the Schedule of
Benefits. Coverage for internal prosthetic devices, including but not limited to, artificial heart valves,
artificial joint appliances, orthopedic implants, will not be subject to the benefit limit.
Pulmonary Rehabilitation Services, but limited to treatment for conditions that in the judgment of a
Provider and the Medical Director are subject to significant improvement of Your condition through
relatively short-term therapy.
Radiation Therapy for standard radiation therapy.
Radiology as determined by the Plan.
Reconstructive Surgery are limited to the surgical correction of congenital birth defects only for
newly born Member, or the effects of disease or Injury, which cause anatomical functional
impairment, when such surgery is reasonably expected to correct the functional impairment.
Rehabilitation Services and Supplies for short-term inpatient or outpatient rehabilitation services
which are expected to result in significant functional improvement of the Member's condition.
Rehabilitation services must be performed by a Provider, including a free standing rehabilitation
facility.
Sleep Studies unless provided within the home and subject to the Plan’s Limitations and Exclusions.
Skilled Nursing Facility Services for Confinement (on a Semi-private Accommodations basis) and
medical services and supplies provided under the direction of a Provider in a Skilled Nursing Facility
for the care and treatment of an Injury or Illness which cannot be safely provided in an outpatient
setting, as determined by the Plan. Certain ancillary services rendered during a Member's
Confinement are subject to separate benefit restrictions and/or Member responsibilities as described
elsewhere in this SPD or in the Schedule of Benefits.
Spinal Manipulations / Chiropractic Services when they are delivered by a duly licensed Provider
acting within the scope of his or her license:



        City of Wichita SPD 2007.01.01                                                            51
        CHC-KS Compliance/JES                    104
   • Initial Examinations
      Coverage includes the initial diagnosis and clinically appropriate and Medically Necessary
      services and supplies required to treat the diagnosed disorder. This examination is performed
      to determine the nature of the Member’s problem. Examinations should be limited to the
      portion of the body in which the symptoms are being experienced. A more thorough
      examination of the bodily systems may be done if appropriate clinical indications are present
      and documented. Vital signs should be included in examinations when appropriate.
   • Subsequent Office Visits
      This may include an adjustment, a brief examination and other Medically Necessary services.
   • Re-examination
      This is performed to assess the need to continue, extend, or change the course of treatment. A
      re-evaluation may be performed during a subsequent office visit.
Sterilization (voluntary) except those services and associated expenses related to reversal of
voluntary sterilization.
Therapeutic Injections and IV Infusions for Injectable and Self-Injectable medications when FDA-
approved, medically appropriate subject to the Plan’s formulary list and substitute Coverage by
therapeutically interchangeable drugs, according to clinical guidelines used by the Plan. See
Prescription Drugs.
Transplants when approved by the Plan, performed at a Coventry Transplant Network participating
facility and the recipient is a Member.
Donor screening tests are Covered and are subject to a lifetime benefit maximum of $10,000 when
performed at a Coventry Transplant Network participating facility.
If not Covered by any other source, the cost of any care, including complications up to 90-days,
arising from an organ donation by a non-Member when the recipient is a Member will be Covered for
the duration of the Agreement of the Member when approved by the Plan.
Coverage shall include the treatment of breast cancer by autologous bone marrow transplants or stem
cell transplants when performed pursuant to nationally accepted peer review protocols utilized by
breast cancer treatment centers experienced in autologous bone marrow transplants or stem cell
transplants.
The cost of any care, including complications, arising from an organ donation by a Member when the
recipient is not a Member is excluded.
Transportation if the Member resides more than one hundred-fifty (150) miles from the transplant
facility. Travel expenses may include the lodging for one family member or responsible adult.
Transportation, lodging and meal costs shall not exceed a maximum benefit of $2,000 per year.
Urgent Care Services for an unexpected illness or injury that does not qualify as an Emergency
Medical Condition but requires prompt medical attention. If possible, please contact Your Physician
in the event Urgent Care services are/were rendered. Your Physician is available to provide guidance
and direction in situations that may require Urgent Care. However, failure to notify Your Physician
will not result in denial of Coverage. If Medically Necessary follow-up care related to the initial
Urgent Care service is required, you should contact and coordinate with Your Physician.

Vision Services for eye examinations, other than for the purpose of refraction, when associated with a
medical condition; and one (1) routine refraction service every 24 months.



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                                 EXCLUSIONS AND LIMITATIONS

The following items are excluded from Coverage:

Acupuncture Services and associated expenses that include, but are not limited to, the treatment
of certain painful conditions or for anesthesia purposes are not Covered;

Allergy Services for non-Physician allergy services or associated expenses relating to an allergic
condition including, but not limited to, installation of air filters, air purifiers, or air ventilation
system cleaning;
Alternative Therapies including, but not limited to, aquatic, recreational, wilderness,
educational, music or sleep therapies and any related diagnostic testing;
Ambulance Service for non-Emergency and non-medically appropriate ambulance services are
excluded regardless of who requested the services, including ambulance transport due to the
absence of other transportation for the Member;
Augmentative Communication Devices including but not limited to, those used to assist hearing
impaired, or physically or developmentally disabled Members;
Autopsy services and associated expenses related to the performance of autopsies to the extent
that payment for such services is, by law, Covered by any governmental agency as a primary
plan;
Behavior modification;
Biofeedback;
Blood and Blood Products for the costs of whole blood and blood products replacement to a
blood bank;
Blood Storage services and associated expenses related to personal blood storage, unless
associated with a scheduled surgery. Additionally, fetal cord blood harvesting and storage is not a
Covered service;
Braces and supports needed for athletic participation or employment;
Career, Camp, Sports, Education, Travel, Employment, Insurance, Marriage or Adoption
Examinations such as physical, psychiatric or psychological examinations or testing,
vaccinations, immunizations or treatments including routine immunizations for college, and
services relating to judicial or administrative proceedings or orders which are conducted for
purposes of medical research or to obtain or maintain a license of any type;
Cochlear Implants and related services;
Conduct Disorders including but not limited to Residential Treatment Programs, inpatient and/or
outpatient.
Cosmetic Services and Surgery , associated expenses, or complications resulting from Cosmetic
Surgery, which alters appearance but does not restore or improve impaired physical function;
Counseling Services and treatment related to religious counseling, marital/relationship
counseling, vocational or employment counseling, and sex therapy, anti-social behavior, academic
or phase-of-life problems are not Covered Services;
Court-ordered services or services that are a condition of probation or parole;
Custodial Care, domiciliary care, private duty nursing, respite care or rest care. This includes




                                                 106
care that assists Members in the Activities of Daily Living like walking, getting in and out of bed,
bathing, dressing, feeding and using the toilet; preparation of special diets and supervision of
medication that is usually self-administered regardless of who orders the services;
Dental Services provided by a Doctor of Dental Surgery, “D.D.S.,” a Doctor of Medical
Dentistry “D.M.D.” or a Physician licensed to perform dental-related oral surgical procedures,
including services for overbite or underbite, services related to surgery for cutting through the
lower or upper jaw bone, and services for the diagnostic or surgical treatment of
temporomandibular joint disorder (“TMJ”), whether the services are considered to be medical or
dental in nature except as provided in the “Covered Services” Section of this SPD. Dental x-rays,
supplies and appliances (including occlusal splints and orthodontia). Removal of dentiginous
cysts, mandibular tori and odontoid cysts are excluded as they are dental in origin;
Dental Surgery and Implants for upper and lower jaw bone surgery and dental implants
(including that related to the temporomandibular and craniomandibular joint). Dental implants
are excluded. Removal of teeth as a complication of radionecrosis is not a Covered Service;
Durable Medical Equipment (“DME”) limited to electronically controlled cooling compression
therapy devices (such as polar ice packs, Ice Man Cool Therapy, or Cryo-cuff); home traction
units; replacement for changes due to obesity; preventive or routine maintenance due to normal
wear and tear or negligence of items owned by the Member; personal comfort items, including
breast pumps, air conditioners, humidifiers and dehumidifiers, even though prescribed by a
Physician, unless defined as Covered Services; and equipment or services for use in altering air
quality or temperature;
Educational Services for remedial education including, but not limited to, evaluation or
treatment of learning disabilities, minimal brain dysfunction, cerebral palsy, mental retardation,
developmental and learning disorders and behavioral training; including, educational testing or
psychological testing, unless part of a treatment program for Covered Services; and services
rendered or billed by a school or halfway house;
Charges incurred before the Effective Date of Coverage.
Elective or Voluntary Enhancement procedures, services, and medications (growth hormone
and testosterone), including, but not limited to: weight loss, hair growth, sexual performance,
athletic performance, cosmetic purposes, anti-aging, mental performance, salabrasion,
chemosurgery, laser surgery or other skin abrasion procedures associated with the removal of
scars, tattoos, or actinic changes. In addition, service performed for the treatment of acne
scarring, even when the medical or surgical treatment has been provided by the Plan;
Eligible Expenses that exceed the maximum allowance or benefit limit;
Enteral Feeding Food Supplement for the cost of outpatient enteral tube feedings or formula
and supplies except when used for PKU or any other amino and organic acid inherited disease is
not Covered, except as defined as a Covered Service;
Exercise equipment, hot tubs and pools;
Experimental or Investigational treatment
Eye Glasses and Contact Lenses incurred in connection with the provision or fitting of eye
glasses or contact lenses, except as specifically provided in the Covered Services Section;
Failure to Cancel such as charges resulting from Your failure to appropriately cancel a scheduled
appointment;
Food or food supplements;


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Foot Care in connection with corns, calluses, flat feet, fallen arches or chronic foot strain.
Medical or surgical treatment of onychomycosis (nail fungus) is also excluded, except as
specifically provided for a diabetic Member;
Growth Hormone therapy for any condition, except in Dependent children less than 18 years of
age who have been appropriately diagnosed to have an actual growth hormone deficiency
according to clinical guidelines used by the Plan;
Hair analysis, wigs and hair transplants related to the analysis of hair unless used as a
diagnostic tool to determine poisoning. Also excluded are hairstyling, hairpieces and hair
prostheses, including those ordered by a Provider;
Home services to help meet personal, family, or domestic needs;
Health and Athletic Club Membership costs of enrollment in a health, athletic or similar club;
Hearing Services and Supplies and associated expenses for hearing aids, Cochlear implants,
digital and programmable hearing devices, the examination for prescribing and fitting hearing
aids, hearing therapy and any related diagnostic hearing tests;
Household Equipment and Fixtures, purchase or rental of household equipment such as, but
not limited to, fitness equipment, air purifiers, central or unit air conditioners, humidifiers,
dehumidifiers, water purifiers, hypo-allergenic pillows, power assist chairs, mattresses or
waterbeds and electronic communication devices;
Hypnotherapy and Hypnosis;
Immunizations for travel, employment or education unless otherwise Covered under the Covered
Services Section;
Infertility Treatment Services including non-diagnostic services and associated expenses for the
promotion of conception including, but not limited to, artificial insemination, intracytoplasmic
sperm injection (“ICSI”), in vitro or in vivo fertilization, gamete intrafallopian transfer (“GIFT”)
procedures, zygote intrafallopian transfer (“ZIFT”) procedures, embryo transport, reversal of
voluntary sterilization, surrogate parenting, selective reduction, cryo preservation, travel costs,
donor eggs or semen and related costs including collection, preparation and storage, non-
Medically Necessary amniocentesis, other forms of assisted reproductive technology and any
Infertility treatment deemed Experimental or Investigational. Additionally, pharmaceutical agents
used for the purpose of treating Infertility are not Covered unless defined elsewhere within this
document See Prescription Drug under Covered Services;
No legal obligation to pay for services related to Injuries and Illnesses for which the Plan has no
legal obligation to pay (e.g., free clinics, free government programs, court-ordered care, expenses
for which a voluntary contribution is requested) or for that portion of any charge which would not
be made but for the availability of benefits from the Plan, or for work-related injuries and Illness.
Health services and supplies furnished under or as part of a study, grant, or research program;
Maintenance Therapy once the maximum therapeutic benefit has been achieved for a given
condition, ongoing Maintenance Therapy is not considered Medically Necessary;
Male Gynecomastia and associated expenses for treatment of male gynecomastia.
Massage Therapy and associated expenses related to massage therapy;
Mental Retardation services and disorders after diagnosis and relating to learning, motor skills,
communication, feeding and eating in infancy and early childhood;
Military Health Services for treatment of military service-related disabilities when the Member
is legally entitled to other Coverage and for which facilities are reasonably available to the

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Member; or those services for any otherwise Eligible Employee or Dependent who is on active
military duty except as required by the Uniformed Services Employment and Reemployment
Rights Act; or services received as a result of war or any act of war, whether declared or
undeclared or caused during service in the armed forces of any country;
Miscellaneous Service Charges such as telephone consultations, charges for failure to keep a
scheduled appointment (unless the scheduled appointment was for a Mental Health service), or
any late payment charge;
Nutritional-based Therapy except for treatment of PKU and for nutritional deficiencies due to
short bowel syndrome and HIV. Oral supplements and/or enteral feedings, either by mouth or by
tube, are also excluded;
Newborn home delivery and also the cost of child birth classes;
Non-Covered Services or services that are directly or indirectly a result of receiving a non-
Covered Service;
Not Medically Necessary services or supplies
Obesity Services and associated expenses for procedures intended primarily for the treatment of
obesity and morbid obesity including, but not limited to, gastric bypasses, gastric balloons,
stomach stapling, jejunal bypasses, wiring of the jaw, removal of excess skin, including pannus,
and services of a similar nature. Services and associated expenses for weight loss programs,
nutritional supplements, dietary counseling, appetite suppressants, and supplies of a similar
nature;
Occupational Injury and associated expenses related to the treatment of an occupational Injury
or Illness for which the Member is eligible to receive treatment under any Workers'
Compensation or occupational disease laws or benefit plans;
Oral Surgery Supplies required as part of an orthodontic treatment program, required for
correction of an occlusal defect, encompassing orthognathic or prognathic surgical procedures, or
removal of symptomatic bony impacted teeth, other than bony impacted wisdom teeth, except as
provided under Covered Services;
Orthodontia and related services;
Orthotic Appliances, Repairs or Replacement changes due to obesity; routine maintenance
due to normal wear and tear or negligence of items owned by the Member; foot or shoe inserts,
arch supports, special orthopedic shoes, heel lifts, heel or sole wedges, heel pads, or insoles
whether custom-made or prefabricated;
Services rendered Outside the Scope of License of a Participating or Non-Participating Provider;
Over-the-Counter (“OTC”) Drugs and medications incidental to outpatient care and Urgent
Care Services; ACE wraps, elastic supports, finger splints, Orthotics, and braces; also OTC
products not requiring a prescription to be dispensed (e.g., aspirin, antacids, cervical collars and
pillows, lumbar-sacral supports, back braces, ankle supports, positioning wedges/pillows, herbal
products, oxygen, medicated soaps, food supplements, and bandages); unless specifically stated
as Covered
Personal comfort and convenience items or services such as television, telephone, barber or
beauty service, guest service and similar incidental services and supplies;
Prescription Drugs and Medications that require a prescription and are dispensed at a
Pharmacy for outpatient treatment, except as specifically Covered in the Covered Services
Section of this SPD; excluded drugs include, but are not limited to:

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            •    Compounded prescriptions whose ingredients do not require a prescription unless
                 (a) there is no suitable commercially-available alternative and; (b) the main
                 active ingredient is a Covered Prescription Drug and; (c) the purpose is solely to
                 prepare a dose form that is Medically Necessary and; (d) submitted electronically
                 to the ASP.
            •    Cost for packaging required for drugs dispensed in nursing homes, hospital,
                 medical office, or other health facility;
            •    Dietary supplements, appetite suppressants, and other drugs used to treat obesity
                 or assist in weight reduction;
            •    Drugs and products for smoking cessation (e.g., Nicorette gum and smoking
                 cessation skin patches);
            •    Drugs and products used for cosmetic purposes;
            •    Drugs and products used for fertility, infertility, fertilization, and/or artificial
                 insemination;
            •    Drugs and products used to enhance athletic performance including testosterone
                 gel, and hormone replacement; and growth hormones;
            •    Drugs used primarily for hair restoration;
            •    Experimental products, or drugs prescribed for Experimental (non-FDA approved
                 or unlabeled) indications, including those labeled “Caution – Limited by Federal
                 Law to Investigational Use”;
            •    Prescription Drugs related to a non-Covered Service;
            •    Products not approved by the FDA, medications with no FDA approved
                 indications;
            •    Vitamins and minerals (both OTC and legend), except legend prenatal vitamins
                 for pregnant or nursing females, liquid or chewable legend pediatric vitamins for
                 Dependent children;
            •    Contraceptive devices such as but not limited to implants, condoms, spermicidal
                 agents, or Norplant;
            •    Replacement prescriptions resulting from loss or theft;
            •    Drugs used for treatment of chemical dependency and/or substance abuse;
            •    Duplicate drug therapy;
            •    Dental preparations and fluoride rinses, except pediatric fluoride tablets or drops as
                 specified;
            •    Injectable Drugs except as determined by the Plan;
Private Duty Nursing services and nursing care on a full-time basis in Your home, or home
health aides;
Prosthetic Devices Repairs or Replacement for any otherwise Covered device, including
replacement for changes due to obesity; routine maintenance due to normal wear and tear or
negligence of items owned by the Member;
Private inpatient room, unless Medically Necessary or if a Semi-private room is unavailable;

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Reduction or Augmentation Mammoplasty unless associated with breast reconstruction surgery
following a Medically Necessary mastectomy resulting from cancer;
Relatives, services rendered by a Provider with the same legal residence as a Member, or
rendered by a person who is a member of a Member’s family, including Spouse, brother, sister,
parent, stop-parent, child or step-child.
Reversal of Sterilization Services - Those services and associated expenses related to reversal of
voluntary sterilization;
Sex Transformation Services and associated expenses for sex transformation operations
regardless of any diagnosis of gender role disorientation or psychosexual orientation, including
any treatment or studies related to sex transformation. Also excluded is hormonal support for sex
transformation;
Sexual Dysfunction including any device, implant or self-administered prescription medication
for the treatment of sexual dysfunction, including erectile dysfunction, impotence and anorgasmy;
Sleep Studies when provided within the home;
Smoking Cessation services and supplies for smoking cessation programs and treatment of
nicotine addiction;
Speech therapy or voice training when prescribed for stuttering or hoarseness;
Sports Related Services or devices used specifically as safety items or to affect performance
primarily in sports-related activities, and all expenses related to physical conditioning programs
such as athletic training, body-building, exercise, fitness, flexibility, and diversion or general
motivation including braces and orthotics;
Surrogate motherhood services and supplies, including, but not limited to, all services and
supplies relating to the conception and pregnancy of a Member acting as a surrogate mother;
Charges incurred after the Termination Date of Coverage.
Termination or Refusal of services otherwise Covered related to a specific condition when a
Member has refused to comply with, or has elected to terminate the scheduled service or
treatment against the advice of a Provider.
Therapeutic devices, support garments, corrective appliances, non-disposable hypodermic
needles, syringes, or other devices of any kind, regardless of their intended use, unless otherwise
specified Covered elsewhere;
Third Party Liability services for which a third party has liability;
Transplant Organ Removal and associated expenses for removal of an organ for the purposes
of transplantation from a donor who is not a Member unless the recipient is a Member and the
donor’s     medical     Coverage       excludes    reimbursement      for    organ     harvesting;
Transplant services, screening tests, and any related conditions or complications related to organ
donation when a Member is donating organ or tissue to a non-Member;
Transplant Services and associated expenses involving temporary or permanent mechanical or
animal organs;
Travel Expenses even though prescribed by a Provider, except as specified in the Covered
Services Section;
Treatment for disorders relating to learning, motor skills and communication;
Vision Aids and        associated services for orthoptics or vision training, field charting, eye

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exercises, blepharoplasty when for cosmetic reasons, radial keratotomy, LASIK and other
refractive eye surgery, low vision aids and services or other refractive surgery;
Vocational therapy;
Health services resulting from War or an Act of War when the Member is outside of the
continental United States;
Work hardening programs; and
Workers Compensation health services - Payment for services or supplies for an Illness or
Injury eligible for, or Covered by, any Federal, State or local Government Workers’
Compensation Act, occupational disease law or other legislation of similar program.




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                                   COORDINATION OF BENEFITS
Coordination With Other Plans
       This coordination of benefits (“COB”) provision applies when a Member has health care
       Coverage under more than one plan. “Plan” is defined below. The order of benefit
       determination rules described herein determine which plan will pay as the Primary Plan.
       The Primary Plan is the plan that pays first pays without regard to the possibility that
       another plan may cover some expenses. A Secondary Plan pays after the Primary Plan
       and may reduce the benefits it pays so that payments from all plans do not exceed 100%
       of the Plan’s total Allowable Expense.
COB Definitions
       A “Plan” is any of the following that provides benefits or services for medical or dental
       care or treatment. However, if separate contracts are used to provide coordinated
       Coverage for members of a group, the separate contracts are considered parts of the same
       Plan and there is no COB among those separate contracts.
                 “Plan” includes: group insurance, closed panel or other forms of group or group-
                 type Coverage (whether insured or uninsured); Hospital indemnity benefits in
                 excess of $200 per day; medical care components of group long-term care
                 contracts, such as skilled nursing care; medical benefits under group or individual
                 automobile contracts; and Medicare or other governmental benefits, as permitted
                 by law and subject to the rules on COB with Medicare set forth below.
                 “Plan” does not include: individual or family insurance; closed panel or other
                 individual Coverage (except for group-type Coverage); amounts of Hospital
                 indemnity insurance of $200 or less per day; school accident type Coverage,
                 benefits for non-medical components of group long-term care policies; Medicare
                 supplement policies, Medicaid policies and Coverage under other governmental
                 Plans, unless permitted by law.
                 Each contract for Coverage under this Section is a separate Plan. If a Plan has
                 two parts and COB rules apply only to one of the two, each of the parts is treated
                 as a separate Plan.
                 The order of benefit determination rules determine whether the Plan is a
                 “Primary” Plan or “Secondary” Plan when compared to another plan covering
                 You or Your Covered Dependent. When the Plan is Primary, the Plan’s benefits
                 are determined before those of any other plan and without considering any other
                 plan’s benefits. When the Plan is Secondary, the Plan’s benefits are determined
                 after those of another plan and may be reduced because of the Primary Plan’s
                 payments.
                 “Allowable Expense” means a health care service or expense that is Covered, at
                 least in part by any of the plan’s covering You or Your Covered Dependent.
                 When a plan provides benefits in the form of service (for example an HMO) the
                 reasonable cash value of each service will be considered an Allowable Expense
                 and a benefit paid. An expense or service that is not Covered by any of the plans
                 is not an Allowable Expense. The following are examples of expenses or services
                 that are not the Plan’s Allowable Expenses:
                           1. If a Member is Confined in a private Hospital room, the difference
                              between the cost of a Semi-private room in the Hospital and the
                              private room, (unless the Member’s stay in a private Hospital room
                              is otherwise a Covered benefit).

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                           2. Dental care, vision care, prescription drugs and hearing aids (whether
                              or not any of these services are Covered).
                           3. If a Member is Covered by two (2) or more Plans that provide
                              benefits or services on the basis of negotiated fees, an amount in
                              excess of the highest of the negotiated fees.
                           4. The amount a benefit is reduced by the Primary Plan because a
                              Member does not comply with the Plan provisions. Examples of
                              these provisions are second surgical opinions, precertification of
                              admissions, and preferred provider arrangements.
                           5. If a Member is Covered by one (1) Plan, which is secondary and
                              calculates its benefits or services on the basis of usual and customary
                              fees, and another Plan, which is primary and provides its benefits or
                              services on the basis of negotiated fees, the lower of the two (2)
                              plans’ Allowable shall be the Allowable Expense for all Plans.
                 “Claim Determination Period” means a Calendar Year. However, it does not
                 include any part of a year during which a Member has no Coverage under the
                 Plan or before the date this COB provision or a similar provision takes effect.
                 “Closed Panel Plan” is a plan that provides health benefits to Covered persons
                 primarily in the form of services through a panel of providers that have
                 contracted with or are employed by the plan, and that limits or excludes benefits
                 for services provided by other providers, except in cases of Emergency or referral
                 by a panel member.
                 “Custodial Parent” means a parent awarded custody by a court decree. In the
                 absence of a court decree, it is the parent with whom the child resides more than
                 one-half of the Calendar Year without regard to any temporary visitation.
                  “Joint Custody”. If the specific terms of a court decree state that the parents
                 shall share joint custody without stating that one (1) of the parents is responsible
                 for the health care expenses of the child, the plans covering the child shall follow
                 the order of benefit determination rules.
Order of Benefit Determination Rules
       When two (2) or more plans pay benefits, the rules for determining the order of
       payment are as follows:
       1. The Primary Plan pays or provides its benefits as if the Secondary Plan or Plans did
          not exist.
       2. A Plan that does not contain a COB provision that is consistent with this provision is
          always Primary. There is one exception: Coverage that is obtained by virtue of
          membership in a group that is designed to supplement a part of a basic package of
          benefits may provide that the supplementary Coverage shall be excess to any other
          parts of the Plan provided by the contract holder. Examples of these types of
          situations are major medical Coverage’s that are superimposed over base Plan
          Hospital and surgical benefits, and insurance type Coverage’s that are written in
          connection with a Closed Panel Plan to provide out-of-network benefits.
       3. A plan may consider the benefits paid or provided by another plan in determining its
          benefits only when it is Secondary to that other plan.
       4. The first of the following rules that describes which plan pays its benefits before
          another plan is the rule to use.


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          a) Non-Dependent or Dependent. The plan that covers the Member other than
             as a Dependent, for example as an employee, Member, Subscriber or Retiree
             is Primary and the plan that covers the Member as a Dependent is Secondary.
             However, if the Member is a Medicare beneficiary and, as a result of federal
             law, Medicare is Secondary to the plan covering the Member as a Dependent;
             and Primary to the plan covering the Member as other than a Dependent (e.g.
             a retired employee); then the order of benefits between the two plans is
             reversed so that the plan covering the Member as an employee, Member,
             Subscriber or Retiree is Secondary and the other plan is Primary.
          b) Child Covered Under More Than One (1) Plan. The order of benefits when a
             child is Covered by more than one (1) plan is:
                    i. The Primary Plan is the plan of the parent whose birthday is earlier in
                           the year if:
                                  (a) The parents are married;
                                  (b) The parents are not separated (whether or not they ever
                                      have been married); or
                                  (c) A court decree awards joint custody without specifying
                                      that one (1) party has the responsibility to provide health
                                      care Coverage.
                    ii.      If both parents have the same birthday, the plan that Covered
                              either of the parents longer is Primary.
                    iii. If the specific terms of a court decree state that one (1) of the parents
                              is responsible for the child’s health care expenses or health care
                              Coverage, and the plan of that parent has actual knowledge of
                              those terms, that plan is Primary. This rule applies to Claim
                              Determination Periods or plan years commencing after the plan
                              is given notice of the court decree.
                    iv. If the parents are not married, or are separated (whether or not they
                             ever have been married) or are divorced, the order of benefits is:
                                 (a) The plan of the Custodial Parent;
                                 (b) The plan of the Spouse of the Custodial Parent;
                                 (c) The plan of the non-custodial parent; and then
                                 (d) The plan of the Spouse of the non-custodial parent.
          c) Active or inactive employee. The plan that covers a Member as an employee
             who is neither laid off nor retired, is Primary. The same would hold true if a
             Member is a Dependent of a person Covered as a Retiree and an employee. If
             the other plan does not have this rule, and if, as a result, the plans do not
             agree on the order of benefits, this rule is ignored.
          d) Continuation Coverage. If a Member whose Coverage is provided under a
             right of continuation provided by federal or state law also is Covered under
             another plan, the plan covering the Member as an employee, Member,
             Subscriber or Retiree (or as that Member’s Dependent) is Primary, and the
             continuation Coverage is Secondary. If the other plan does not have this rule,
             and if, as a result, the plans do not agree on the order of benefits, this rule is
             ignored.


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                 e) Longer or shorter length of Coverage. The plan that Covered the Member as
                    an employee, Member, Subscriber or Retiree longer is Primary.
                 f) If the preceding rules do not determine the Primary Plan, the Allowable
                    Expenses shall be shared equally between the plans meeting the definition of
                    plan under this regulation. In addition, the Plan will not pay more than the
                    Plan would have paid had the Plan been Primary.
Effect On The Benefits of the Plan
       When the Plan is Secondary, the Plan shall reduce the Plan’s benefits so that the
       total benefits paid or provided by all plans during a Claim Determination Period are not
       more than 100% of total Allowable Expenses.
       If a Member is enrolled in two (2) or more Closed Panel Plans and if, for any reason,
       including the provision of service by a non-panel provider, benefits are not payable by
       one (1) Closed Panel Plan, COB shall not apply between that plan and other Closed Panel
       Plans.
Coordination of Benefits with Medicare
      Active Employees and Spouses Age 65 and Older

                 a) If an employee is eligible for Medicare and works for an Employer Group
                    with fewer than twenty (20) employees for each working day in each of
                    twenty (20) or more calendar weeks in the current or preceding Calendar
                    Year, then Medicare will be the primary payer. Medicare will pay its
                    benefits first. The Plan will pay benefits on a secondary basis.
                 b) If an employee works for an Employer Group with more than twenty (20)
                    employees for each working day in each of twenty (20) or more calendar
                    weeks in the current or preceding the Calendar Year, the Plan will be
                    primary. However, an employee may decline Coverage under the Plan and
                    elect Medicare as primary. In this instance, the Plan, by law, cannot pay
                    benefits secondary to Medicare for Medicare -Covered services.
                      You will continue to be Covered by the Plan as primary unless You (a) notify
                      the Plan, in writing, that You do not want benefits under the Plan or (b)
                      otherwise cease to be eligible for benefits under the Plan, or (c) if we
                      determine through some other means that we are not the primary carrier.
       Disability

                 a) If You are under age 65 and eligible for Medicare due to disability, and
                    actively work for a Employer Group with fewer than one-hundred (100)
                    employees, then Medicare is the primary payer. The Plan will pay benefits
                    on a secondary basis.
                 b) If You are age 65 or older and actively work for an Employer Group with at
                    least one-hundred (100) employees and You become entitled to benefits
                    under Medicare due to disability (other than ESRD as discussed below) the
                    Plan will be primary for You and Your eligible Dependents and Medicare
                    will pay benefits on a secondary basis.
      End Stage Renal Disease (“ESRD”)
                 a) If You are entitled to Medicare due to End Stage Renal Disease (“ESRD”),
                    the Plan will be primary for the first thirty (30) months. If the Plan is


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                                                116
                      currently paying benefits as secondary, the Plan will remain secondary upon
                      Your entitlement to Medicare due to ESRD.

       Coordination of Benefits for Retirees

                 a) If You are retired and You or one of Your Dependents is Covered by
                    Medicare Part A and/or Part B (or would have been Covered if complete and
                    timely application had been made), benefits otherwise payable for treatment
                    or services described in this Agreement will be paid after:
                           (i)          Amounts payable are paid for treatment or services by Medicare
                                        Parts A and/or Part B;
                           (ii)         Amounts that would have been payable (paid) for treatment or
                                        service by Medicare Parts A and/or Part B, if You or Your
                                        Dependents had been Covered by Medicare; or
                           (iii)        Amounts paid under all other plans in which You participate.
Right to Receive and Release Needed Information
       By accepting Coverage under this Agreement You agree to:
            1. Provide the Plan with information about other Coverage and promptly notify the
               Plan of any Coverage changes;
            2. Give the Plan the right to obtain information as needed from others to coordinate
               benefits;
Facility of Payment
       A payment made under another plan may include an amount that should have been paid
       under the Agreement. If it does, the Plan may pay the amount to the organization that
       made the payment. The amount will then be treated as though it was a benefit paid under
       the Agreement. The Plan will not have to pay that amount again. The term “payment
       made” includes providing benefits in the form of services, in which case “payment made”
       means reasonable cash value of the benefits provided in the form of services.
Right of Recovery
       If the amount of the payment made by the Plan, including the reasonable cash value of
       any benefits provided in the form of services, is more than it should have paid under the
       terms of the Agreement, the Plan may recover the excess payments from one (1) or more
       of:
       1. The persons it has paid;
       2.   For whom it has paid;
       3. Insurance companies;
       4. Other organizations.




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                                                      117
                                         SUBROGATION


A Covered Person may incur medical or other expenses resulting from injuries or illness that may
be caused by an act or omission which give rise to a claim against a third party or against any
person or entity. Such a claim for benefits may be excluded from coverage or the benefits may
coordinated with another plan under the terms of this Plan.


This Plan also does not provide benefits to the extent that there is other coverage under,
including, but not limited to any liability insurance, homeowner’s plan, no-fault auto coverage,
uninsured or underinsured motorist or other insurance policy or funds. However, the Plan may, at
its discretion, advance benefits, otherwise payable under this Plan, to or on behalf of said Covered
Person only on the following terms and conditions:


In the event that benefits are advanced under this Plan, the Plan shall be subrogated to all rights of
recovery that the Covered Person, his heirs, guardians, executors, agents or other representatives
may have against any person or organization as a result of the loss to the extent of the benefits
advanced. The Covered Person shall execute and deliver instruments and papers at the time the
first claim is submitted, and do whatever else is necessary to secure the Plan’s right of
subrogation as a condition to receiving benefits advanced. Failure or refusal to execute and
deliver instruments and papers or furnish information does not preclude the Plan from exercising
its right to subrogation or obtaining full reimbursement. The Covered Person shall do nothing
after loss to prejudice such rights. The Covered Person hereby agrees to cooperate with the Plan
and/or any representatives of the Plan in completing such forms and in giving such information
surrounding any accident as the Plan or its representatives deem necessary to fully investigate the
incident.


The Plan is also granted a right of reimbursement from the proceeds of any monies recovered
from any party or insurer whether by settlement, judgment, award or otherwise. This right of
reimbursement is cumulative with and not exclusive of the subrogation right granted in paragraph
1, but only to the extent of the benefits advanced by the Plan.


The Plan, by advancing benefits hereunder, is hereby granted a lien on the proceeds of any
settlement, judgment or other payment intended for, payable to, or received by the Covered
Person or his/her representatives, and the Covered Person hereby consents to said lien and agrees
to take whatever steps are necessary to help the Plan secure said lien. The Covered Person agrees
that said lien shall constitute a charge upon the proceeds of any recovery and the Plan shall be
entitled to assert security interest thereon. By the acceptance of benefits advanced under the Plan,
the Covered Person and his/her representatives agree to hold the proceeds of any settlement in
trust for the benefit of the Plan to the extent of 100% of all benefits paid on behalf of the Covered
Person.


By accepting benefits hereunder, the Covered Person hereby grants a lien and assigns to the Plan
an amount equal to the benefits advanced against any recovery made by or on behalf of the
Covered Person. This assignment is binding on any attorney who represents the Covered Person
or any insurance company or other financially responsible party against whom the Covered
Person may have a claim provided said attorney, insurance carriers or others have been notified

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by the Plan or its agents.


The subrogation and reimbursement rights and liens apply to any recoveries made by the Covered
Person as a result of the injuries sustained, including but not limited to the following:
    a. Payments made directly by the third party, or any insurance company on behalf of the
       third party, or any other payments on behalf of the third party.
    b. Any payments or settlements or judgment or arbitration awards paid by any insurance
       company under an uninsured or underinsured motorist coverage, whether on behalf of the
       Covered Person or other person.
    c. Any other payments from any source designed or intended to compensate the Covered
       Person for injuries sustained as the result of negligence or alleged negligence of a third
       party.
    d. Any worker’s compensation award or settlement.
    e. Any recovery made pursuant to no-fault insurance.
    f.   Any medical payments made as a result of such coverage in any automobile or
         homeowners insurance policy.


No adult Covered Person hereunder may assign any rights that it may have to recover medical
expenses from any tortfeasor or other person or entity to any minor child or children of said
Covered Person without the prior express written consent of the Plan. The Plan’s right to recover
(whether by subrogation or reimbursement) shall apply to decedents’, minors’, and incompetent
or disabled persons’ settlements or recoveries.


No Covered Person shall make any settlement, which specifically reduces or excludes, or
attempts to reduce or exclude the benefits advanced by the Plan.


The Covered Person agrees to recognize the Plan’s right to reimbursement from the first dollars
recovered. The Plan has priority over any and all funds paid by any party to the Covered Person
relative to the injuries, including priority over any claim for non-medical or dental charges,
attorney fees, or other costs or expenses. This right shall not be defeated nor reduced by the
application of any so-called “Made-Whole Doctrine”, “Rimes Doctrine”, or any other such
doctrine purporting to defeat the Plan’s recovery rights by allocating the proceeds exclusively to
non-medical expense damages.


The Covered Person shall not incur any expenses on behalf of the Plan in pursuit of the Plan’s
rights hereunder, specifically, no court costs nor attorneys fees may be deducted from the Plan’s
recovery without the prior express written consent of the Plan. This right shall not be defeated by
any so-called “Fund Doctrine”, or “Common Fund Doctrine”, or “Attorney’s Fund Doctrine”.


The Plan shall recover the full amount of benefits provided hereunder without regard to any claim
of fault on the part of any Covered Person, whether under comparative negligence or otherwise.


The benefits under this Plain are secondary to any coverage under no-fault or similar insurance.

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In the event that the Covered Person shall fail or refuse to honor his obligations hereunder, then
the Plan shall be entitled to recover any costs incurred in enforcing the terms hereof including but
not limited to attorney’s fees, litigation, court costs, and other expenses. The Plan shall also be
entitled to offset the reimbursement obligation against any entitlement to future medical benefits
hereunder until the Covered Person has fully complied with his reimbursement obligations
hereunder, regardless of how those future medical benefits are incurred.


Any reference to state law in any other provision of this policy shall not be applicable to this
provision. By acceptance of benefits advanced under the Plan, the Covered Person agrees that a
breach hereof would cause irreparable and substantial harm and that no adequate remedy at law
would exist. Further, the Plan shall be entitled to invoke such equitable remedies as may be
necessary to enforce the terms of the Plan, including, but not limited to, specific performance,
restitution, the imposition of an equitable lien and/or constructive trust, as well as injunctive
relief. The Plan Administrator retains sole and final discretion for interpreting the terms and
conditions of the Plan Document.




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                                                120
                   UTILIZATION REVIEW POLICY AND PROCEDURES
Utilization Review Circumstances
      Utilization review is performed under the following circumstances:
       Prospective or Pre-Service Review – Conducting utilization review for the purpose of
       Pre-Certification is called Prospective or Pre-Service Review. Services include, but are
       not limited to, elective inpatient admission and outpatient surgeries that require Pre-
       Certification.
       Concurrent Care Review – Review that occurs at the time care is rendered. When You
       are hospitalized or Confined to a Skilled Nursing Facility, concurrent review is conducted
       on site or by telephone with the utilization review department at each facility.
       Retrospective or Post-Service Review – Retrospective or post-service review is
       utilization review that takes place for medical services that have not been Pre-Certified
       by the Plan, after the services have been provided.
       Toll Free Telephone Number – The toll free telephone number of the utilization review
       department is listed in the Plan’s Schedule of Important Telephone Numbers and
       Addresses.
Timing of Utilization Review Decisions
      The time-frame for making utilization review decisions is as follows:
       Prospective or Pre-Service Review – Two (2) business days from the date that the Plan
       receives all necessary information. In the event that the Plan does not receive all
       necessary information in fourteen (14) calendar days after the request for services, a
       decision will be made based on the information received. In the case of a determination to
       certify an admission, procedure or service, the Plan shall notify the provider rendering the
       service by telephone within twenty-four (24) hours of making the initial certification, and
       provide written or electronic confirmation of the telephone notification to the Member
       and the provider within two (2) working days of making the initial certification;
       Concurrent Care Review – Determination regarding an extended stay or additional
       services will be made within one (1) business day from the date that the Plan receives all
       necessary information. The service shall be continued without liability to the Member
       until the Member has been notified of the determination. The Plan shall notify by
       telephone the provider rendering the service within one (1) working day of making the
       determination, and provide written or electronic confirmation to the Member and the
       provider within one working day after the telephone notification. The written notification
       shall include the number of extended days or next review date, the new total number of
       days or services approved, and the date of admission or initiation of services;
       Retrospective or Post-Service Review – Thirty (30) calendar days from the date that the
       Plan receives the request for determination. The Plan shall provide written notice of
       determination to the Member within ten (10) working days of making the determination,
       not to exceed the thirty (30) calendar day timeframe.
       In the case of an adverse determination for an initial determination and/or concurrent
       review determination, the Plan shall notify by telephone the provider rendering the
       service within twenty-four (24) hours of making the adverse determination, and provide
       written or electronic notification to the Member and the provider within one (1) working
       day of the telephone notification.


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                                               121
                                         CLAIM PROCEDURES


Claim Timely Filing
If You or a covered dependent claim benefits, a proof of claim must be furnished to the benefit
services manager within 12 months following the date of loss. If a written claim form is not
furnished to the claims processor within 12-months, the claim may be denied or reduced. Benefits
are based on the Plan’s provisions at the time that the charges are incurred. Claims submitted after
the 12-month period will not be considered for payment or may be reduced unless it is not reasonably
possible to submit the claim in that time, such as the person is not legally capable of submitting the
claim. The Administrative Services Provider will determine if enough information has been
submitted to enable proper consideration of the claim. If not, more information may be requested
from the claimant.


Notice of Benefit Determination
Urgent Care Claims. When the Plan receives a request for Urgent Care that is not an Emergency
Service and that satisfies the requirements of the Urgent Care Claims definition, the Plan will
notify the Covered Person and/or Authorized Representative of the decision by telephone within
one (1) business day and in writing no later than forty-eight (48) hours after the request is
received. This notification will be made whether or not there is an Adverse Benefit
Determination. If there is insufficient information for the Plan to make a decision, Administrative
Service Provider will notify the Covered Person and/or Authorized Representative no later than
twenty-four (24) hours after receiving the request for Urgent Care. The notice will detail the
information that is needed to make the decision. The Covered Person and/or Authorized
Representative have forty-eight (48) hours to provide the requested information. The Plan will
make the decision within forty-eight (48) hours after the earlier of:

    the receipt of the additional information; or

    the end of the forty-eight (48) hour period in which the Covered Person or Authorized
    Representative has to provide the information.

       Pre-Service Claims. When the Plan receives a request for Pre-Certification of a hospital
       admission or other service that is not an Urgent Care Claim, the Plan will notify the
       Covered Person and/or Authorized Representative of the authorization decision, in the case
       of an Adverse Benefit Determination, no later than two (2) business days after the request
       and all necessary information are received by the Plan; and, in the case of all other requests,
       no later than fifteen (15) days after the request and all necessary information are received
       by the Plan. This notification will be made whether or not there is an Adverse Benefit
       Determination. If the Plan does not have all the necessary information to make the
       authorization decision, Administrative Service Provider will notify the Covered Person
       and/or Authorized Representative and explain in detail what information is required.
       Administrative Service Provider must receive the information requested within forty-five
       (45) days from the Covered Person’s and/or Authorized Representative’s receipt of the
       notice to provide the additional information.




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If the Pre-Certification procedures are not followed, the Plan will notify the Covered Person
and/or Authorized Representative of the failure to follow the procedures within five (5) days of
the request. The notice will include the proper procedures for requesting Pre-Certification.
Post-Service Claims
The Plan will send a notice of an Adverse Benefit Determination (in an Explanation of Benefits)
to the Covered Person or Authorized Representative within thirty (30) days after Administrative
Service Provider receives the claim for payment. If Administrative Service Provider does not
have the necessary information to make a payment determination, Administrative Service
Provider will notify the Covered Person or the Authorized Representative of the need for an
extension before the end of the initial thirty (30) days. The extension notice will explain in detail
what information is required. The Covered Person or Authorized Representative has forty-five
(45) days from the receipt of the notice to provide the requested information. The Plan has fifteen
(15) days from receipt of the clarifying information or the end of the forty-five (45) day period,
whichever is earlier, to make a determination.
       Ongoing Treatment. The Plan does not reduce or terminate coverage for care that is Pre-
       Authorized, as long as the information the Plan was provided to obtain the Pre-Certification
       is accurate and the Covered Person remains enrolled in the Plan. If the Plan receives a
       request to extend care beyond what the Plan has Pre-Authorized, the Plan will follow the
       Urgent Care Claims process above.

Appeal Rights
If an Urgent Care Claim, a Pre-service Claim or a Post-service Claim results in an Adverse Benefit
Determination, the Covered Person or Authorized Representative may appeal the decision as
described below.


Appeal Process
Throughout the procedures outlined in this Section, if the Covered Person or Authorized
Representative fails to file any Appeal within the required timeframes, the Covered Person loses
the right to continue the internal appeal process. At any level of appeal, the Covered Person is
entitled to receive, upon request and free of charge, reasonable access to and copies of all
documents, records, and other information relevant to the appeal.
The Covered Person has the right, but is not required, to be represented by an attorney during any
stage of the inquiry or Appeal procedures. The Covered Person also has the right to request that the
Plan Sponsor appoint an Administrative Services Provider staff participant without direct
involvement in the case to assist the Covered Person in preparing the Appeal to present to the
committee reviewing the case.
In each step of the inquiry and Appeal procedures, the Covered Person should be as specific as
possible as to the remedy sought (e.g., Claim denied - remedy sought is payment).
This Plan has an Appeal process with two levels of review.
A Covered Person or Authorized Representative may file an Appeal by contacting the Customer
Services Department at the address and telephone number specified in the Additional Information
section following this document. Appeals will be handled by an Appeal Coordinator who may
involve other staff of Administrative Service Provider or Providers. The objective is to review all
the facts and to handle the Appeal as quickly and as courteously as possible. If the solution is
satisfactory to both the Covered Person and the Plan, the matter ends.

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First Level Appeal Process
A Covered Person or Authorized Representative has one hundred eighty (180) days after the
Covered Person's receipt of the initial notice of the Adverse Benefit Determination to file an
Appeal with the Plan. Requests received after such one hundred eighty (180) day period will not
be eligible for the internal Appeal process. The first level Appeal may be submitted in writing or
orally. If submitted in writing, it should be sent to Administrative Service Provider at the address
above, Attention: Appeal Process.


Each first level Appeal review includes an investigation of the Appeal and a review by an initial
review committee. The committee consists of one or more employees of Administrative Service
Provider who were not involved in the event that caused the Appeal. The Covered Person or
Authorized Representative may submit written data or other information for the committee to
review.
The Appeal review will be completed and written notification of the decision will be sent to the
Covered Person or Authorized Representative within the following time periods:

    Pre-service Appeal – fifteen (15) calendar days after the date on which the Appeal is filed.

    Post-service Appeal – thirty (30) calendar days after the date on which the Appeal is filed.
The written notification will include the basis for the decision and the procedure to request a
second level review.

Second Level Appeal Process
A Covered Person has thirty-one (31) days from receipt of the notice of the review committee’s
decision to appeal the decision to the Plan Sponsor’s designee. The Covered Person must submit
the appeal in writing to the ASP at the address listed in the Additional Information page following
this document.
An appeal of the review Committee’s decision must include all of the following:
    Covered Person’s name, address and telephone number;
    Covered Person’s Plan identification number;
    Identification of the Plan;
    A brief description of the Appeal; and
•   A copy of the decision letter from the review committee.

Urgent Care Appeal Process.

A Covered Person or Authorized Representative may request an expedited review of an Urgent
Care Claim by providing the Plan Sponsor’s designee with clinical rationale and facts to support
the request. The Urgent Care Appeal hearing will be held within forty-eight (48) hours of the
filing of the Urgent Care Appeal and the review will be completed and written notification of the
Plan Sponsor designee’s decision will be sent to the Covered Person and/or Authorized
Representative within seventy-two (72) hours of the filing of the Urgent Care Appeal. A Covered
Person is not entitled to further appeal under the Plan's appeal processes after the Plan Sponsor
designee's final decision regarding payment for a service that is the subject of an Urgent Care
Claim.

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Compliance with Regulations This Plan is a non-ERISA plan. All interpretations,
determinations, and decisions of the reviewing entity with respect to any claim will be its sole
decision based upon the Plan documents. All decisions of the Plan will be deemed final and
binding.


Authorized Representative A person who is chosen by and identified to assist or authorized to
represent the covered person, including a family member, provider, employer representative or
attorney. An assignment of benefits by a covered person to a health care provider does not
constitute designation of an authorized representative.


Other Important Claims Information If You or Your representative fail to file a request for
review in accordance with the claims procedures as described above, You or Your representative
will have no right to review and You or Your representative will have no right to bring an action
in any court. The denial of Your claim will become final and binding..


Right to Receive and Release Needed Information Certain facts are needed to adjudicate claims in
accordance with the provisions set forth in the Plan. The Plan has the right to decide which facts are
required and may obtain the needed facts from or provide them to any other organization or persons.
Each person claiming benefits under this Plan must provide any information required to pay the
claim.




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                                                 125
                                         HIPAA PRIVACY


This section fulfills the requirements of Section 164.504(f) of the Health Insurance Portability
and Accountability Act of 1996 and its implementing regulations, 45 C.F.R. parts 160 through
164 (the regulations referred to herein as the “HIPAA Privacy Rule” and Section 164.504 (f) is
referred to as the “504” provisions) by establishing the extent to which the Plan Sponsor will
receive, use and/or disclose Protected Health Information (PHI).
Plan’s Designation of Person/Entity to Act on its Behalf
The Plan has determined that it is a group health plan within the meaning of the HIPAA Privacy
Rule, and the Plan designates the Human Resources Department to take all actions required to be
taken by the Plan in connection with the HIPAA Privacy Rule (e.g. entering into business
associate contracts; accepting certification from the Plan Sponsor).
Definitions
All terms defined in the HIPAA Privacy Rule, shall have the meaning set forth therein. The
following additional definitions apply to the provisions set forth herein.
Plan means City of Wichita Group Health Benefits Plan.
Plan Documents mean the Plan’s governing documents and instruments (i.e. the documents
under which the Plan was established and is maintained), including but not limited to the City of
Wichita Group Benefit Plan Document.
Plan Sponsor means entity or person entrusted with the management of property or with the
power to act on behalf of and for the benefit of another.
The Plan’s disclosure of PHI to the Plan Sponsor – Required Certification of Compliance
by Plan Sponsor
Except as provided below with respect to the Plan’s disclosure of summary health information,
the Plan will (a) disclose PHI to the Plan Sponsor or (b) provide for or permit the disclosure of
PHI to the Plan Sponsor with respect to the Plan, only if the Plan has received a certification
(signed on behalf of the Plan Sponsor) that:
The Plan Documents establish the permitted and required uses and disclosures of such
information by the Plan Sponsor, consistent with the “504” provisions;
The Plan Documents have incorporated the Plan provisions set forth in this Section; and
The Plan Sponsor agrees to comply with the Plan provisions as modified in this Section.
Permitted disclosure of individuals PHI to the Plan Sponsor


•   The Plan (and any business associate acting on behalf of the Plan) will disclose individuals’
    PHI to the Plan Sponsor only to permit the Plan Sponsor to carry out plan administration
    functions. Such disclosure will be consistent with the provisions of this Agreement.
•   All disclosures of the PHI of the Plan’s individuals by the Plan’s business associate to the
    Plan Sponsor will comply with the restrictions and requirements set forth in this section and
    in the “504” provisions.
•   The Plan (and any business associate acting on behalf of the Plan), may not disclose and may
    not permit disclosure of individuals’ PHI to the Plan Sponsor for employment-related actions


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                                              126
    and decisions or in connection with any other benefit or employee benefit plan of the Plan
    Sponsor.
•   The Plan Sponsor will not use or further disclose individuals’ PHI other than as described in
    the Plan Documents and permitted by the “504” provisions.
•   The Plan Sponsor will ensure that any agent(s), including a subcontractor, to whom it
    provides individuals’ PHI received from the Plan agrees to the same restrictions and
    conditions that apply to the Plan Sponsor with respect to such PHI.
•   The Plan Sponsor will not use or disclose individuals’ PHI for employment-related actions
    and decisions or in connection with any other benefit or employee benefit plan of the Plan
    Sponsor.
•   The Plan Sponsor will report to the Plan any use or disclosure of PHI that is inconsistent with
    the uses or disclosures provided for in the Plan Documents (as amended) and in the “504”
    provisions, of which the Plan Sponsor becomes aware.


Disclosures of individuals’ PHI – Disclosure by the Plan Sponsor
•   The Plan Sponsor will make the PHI of the individual who is the subject of the PHI available
    to such individual in accordance with 45 C.F.R. Section 164.524.
•   The Plan Sponsor will make individuals’ PHI available for amendment and incorporate any
    amendments to individuals’ PHI in accordance with 45 C.F.R. Section 164.526.
•   The Plan Sponsor will make and maintain an accounting so that it can make available those
    disclosures of individuals’ PHI that it must account for in accordance with 45 C.F.R. Section
    164.528.
•   The Plan Sponsor will make its internal practices, books and records relating to the use and
    disclosure of individuals’ PHI received from the Plan available to the U.S. Department of
    Health and Human Services for purposes of determining compliance by the Plan with the
    HIPAA Privacy Rule.
•   The Plan Sponsor will, if feasible, return or destroy all individuals’ PHI received from the
    Plan that the Plan Sponsor still maintains in any form after such information is no longer
    needed for the purpose for which the use or disclosure was made. Additionally, the Plan
    Sponsor will not retain copies of such PHI after such information is no longer needed for the
    purpose for which the use or disclosure was made. If, however, such return or destruction is
    not feasible, the Plan Sponsor will limit further uses and disclosures to those purposes that
    make the return or destruction of the information infeasible.
•   The Plan Sponsor will ensure that the required adequate separation between the Plan and the
    Plan Sponsor is established and maintained.


Disclosures of Summary Health Information and Enrollment and Disenrollment
Information to the Plan Sponsor
The Plan may disclose summary health information to the Plan Sponsor without the need to
amend the Plan Documents as provided for in the “504” provisions, if the Plan Sponsor requests
the summary health information for the purpose of:
•   Obtaining premium bids from health plans for providing health insurance coverage under the
    Plan; or


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                                               127
•   Modifying, amending, or terminating the Plan.
The Plan may disclose enrollment and disenrollment information to the Plan Sponsor without the
need to amend the Plan Documents as provided for in the “504” provisions.


Required separation between the Plan and the Plan Sponsor
•   In accordance with the “504’ provisions, this section describes the employees or classes of
    employees or workforce members under the control of the Plan Sponsor who may be given
    access to individuals’ PHI received from the Plan.
    Benefits Coordinator, Human Resources Department
•   The above list reflects the employees, classes of employees, or other workforce members of
    the Plan Sponsor who receive individuals’ PHI relating to payment under, health care
    operations of, or other matters pertaining to plan administration functions that the Plan
    Sponsor provides for the Plan. These individuals will have access to individuals’ PHI solely
    to perform these identified functions, and they will be subject to disciplinary action and/or
    sanctions (including termination of employment or affiliation with the Plan Sponsor) for any
    use or disclosure of individuals; PHI in violation of, or noncompliance with, the provisions of
    this document.
•   The Plan Sponsor will promptly report any such breach, violation, or noncompliance to the
    Plan and will cooperate with the Plan to correct the violation or noncompliance, to impose
    appropriate disciplinary action and/or sanctions, and to mitigate any deleterious effect of the
    violation or noncompliance.




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                                               128
                                         GENERAL PROVISIONS

No Contract of Employment
The Plan is not intended to be, and may not be construed as constituting, a contract or other
arrangement between You and the City of Wichita to the effect that You will be employed for any
specific period of time.


Applicability
The provisions of this document shall apply equally to the Covered Employee and Dependents
and all benefits and privileges made available to Covered Employee shall be available to Covered
Employee’s Dependents.

Exhaustion of Administrative Remedies
A Covered Person may not bring a cause of action hereunder in a court or other governmental
tribunal unless and until all administrative remedies set forth in this document have first been
exhausted.

Nontransferable
No person other than a Covered Person is entitled to receive health care service coverage or other
benefits to be furnished by Plan. Such right to health care service coverage or other benefits is
not transferable.

Reservations and Alternatives
Plan and Administrative Service Provider reserve the right to contract with other corporations,
associations, partnerships, or individuals for the furnishing and rendering of any of the services or
benefits described herein.

Severability
In the event that any provision of this document is held to be invalid or unenforceable for any
reason, the invalidity or unenforceability of that provision shall not affect the remainder of this
document, which shall continue in full force and effect in accordance with its remaining terms.

Waiver
The failure of Administrative Service Provider, the Plan Sponsor, or a Covered Person to enforce
any provision of this document shall not be deemed or construed to be a waiver of the
enforceability of such provision. Similarly, the failure to enforce any remedy arising from a
default under the terms of this document shall not be deemed or construed to be a waiver of such
default.

Plan Administration
The administration of the Plan is under the supervision of the Plan Administrator. The principal
duty of the Plan Administrator is to see that the Plan is carried out, in accordance with its terms,
for the exclusive benefit of persons entitled to participate in the Plan. The administrative duties
of the Plan Administrator include, but are not limited to, interpreting the Plan, prescribing
applicable procedures, determining eligibility for and the amount of benefits, and authorizing
benefit payments and gathering information necessary for administering the Plan. The Plan
Administrator may delegate any of these administrative duties among one or more persons or
entities, provided that such delegation is in writing, expressly identifies the delegate(s) and

        City of Wichita SPD 2007.01.01                                                            76
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                                                129
expressly describes the nature and scope of the delegated responsibility.
The Plan Administrator has the discretionary authority to interpret the Plan in order to make
eligibility and benefit determinations as it may determine in its sole discretion. The Plan
Administrator also has the discretionary authority to make factual determinations as to whether
any individual is entitled to receive any benefits under the Plan. The Plan has delegated its
discretionary authority as indicated under Power and Authority of Administrative Services
Provider.
The Plan Sponsor will bear its incidental costs of administering the Plan.

Power and Authority of Administrative Service Provider
The Administrative Service Provider is responsible for (1) determination of the amount of any
benefits payable under the Plan, and (2) prescribing claims procedures to be followed and the
claim forms to be used. The adjudication of covered services, claims, and appeals has been
delegated to Coventry Health Care of Kansas, Inc., the Administrative Services Provider. The
Plan Administrator is ultimately responsible for providing Plan benefits and interpreting all Plan
provisions, other than those benefit services identified in (1) and (2).

Questions
If a Covered Person has any general questions regarding the Plan, please contact the Human
Resources Department.

Amendment or Termination
Plan Sponsor has the right to amend or terminate the Plan at any time. The Plan may be amended
or terminated by a written instrument duly adopted by the Plan Sponsor or any of its delegates.
No change in this document shall be valid unless approved by an officer of Plan Sponsor, and
evidenced by endorsement on this document and/or by amendment to this document. Such
amendment will be incorporated into this document.




        City of Wichita SPD 2007.01.01                                                         77
        CHC-KS Compliance/JES

                                                130
                                                  SIGNATURE PAGE


This Summary Plan Description was prepared on behalf of the Plan Sponsor of the City of
Wichita Group Health Benefit Plan and is hereby accepted in its entirety.

IN WITNESS WHEREOF, this instrument is executed for the City of Wichita on or as of the day
and year first below written


Accepted by:




                                        __________________________________________________
                                                 Carl Brewer, Mayor, City of Wichita                     Date




                                                 ATTEST: Karen Sublett, City Clerk                       Date




                                        _______________________________________________________________________
                                                 Approved to Form: Gary E. Rebenstorf, Director of Law   Date




       City of Wichita SPD 2007.01.01                                                                           78
       CHC-KS Compliance/JES

                                                         131
                                    ADDITIONAL INFORMATION

The information attached herein to this Section is not provided through the self-funded City of
Wichita Group Benefit Plan, but has been included within this document as a convenience to the
Member. This information is subject to change with out notice or Amendment.

Important Telephone Numbers and Addresses

HIPAA Privacy Officer                               COBRA Administrator
John Hale, Benefits Coordinator                     Altus Benefit Administrator
Department of Human Resources                       10 Charles Street
City of Wichita                                     Providence, RI 02904-2208
455 N. Main Street,
Wichita, KS 67202                                   (800) 371-7542

(316) 268-4531

Customer Service / Claims                           Pre-Certification
Coventry Health Care of Kansas                      Coventry Health Care of Kansas
Customer Service                                    Customer Service
PO Box 7109                                         PO Box 7109
London, KY 40742                                    London, KY 40742

(866) 611-7337                                      (866) 611-7337
(866) 285-1864 TDD                                  (866) 285-1864 TDD

http://www.chckansas.com/

Appeals and Grievance                               United Behavioral Health (UBH)
Coventry Health Care of Kansas                      P.O. Box 30757
Attn: Appeals Department                            Salt Lake City, UT 84130-0757
8320 Ward Parkway                                   (866) 607-5970
Kansas City, MO 64114
                                                    http://www.liveandworkwell.com

Vision Service Plan Insurance Company               Kansas Insurance Department
                                                    Kansas Insurance Department
3333 Quality Drive
                                                    420 SW 9th Street
Rancho Cordova, CA 95670
                                                    Topeka, KS 66612-1678
(800) 877-7195
                                                    (800) 432-2484




       City of Wichita SPD 2007.01.01                                                       79
       CHC-KS Compliance/JES

                                             132
Authorization and Precertification List
Listed here are procedures that require authorization from Coventry Health Care of Kansas prior
to services being performed. The CPT codes shown are examples only, and are not a definitive
list. Please call Coventry’s Health Services department at 866-795-3995 with any questions.
Hospital and facility services:
•   Hospital inpatient procedures / admissions     •   Skilled nursing / extended care stays
•   Observation stays, medical / surgical


-   NOTE: Outpatient surgical procedures for hospital or free-standing ambulatory surgery
    centers no longer require prior authorization, with the exception of scheduled minor
    surgical procedures.


Scheduled minor surgical procedures (sample list below) require authorization only if
performed in an outpatient hospital or ambulatory surgery center. Physician office-based
procedures do NOT require prior authorization *:
•   Lesion removal / destruction                       •   Nail removal / repairs
•   Fine needle aspiration without imaging             •   Ear wax removal
•   I & D abscess / cysts, simple                      •   Venous catheter maintenance
•   Biopsy skin lesions                                •   Routine blood work
•   Shaving skin lesions (CPT 11300-11313)             •   Minor joint injections

* Certain minor surgical procedures performed in an office setting are eligible for surgical tray
reimbursement in addition to professional fee reimbursement.
Possible benefit limitation or exclusion (sample list below) may apply to the following
procedures. Call for authorization.


Disease and case management:

•   Chemotherapy                                   •   Rehabilitation, full- or partial-day and inpatient
•   Dialysis                                       •   Short term rehabilitation, including cardiac and
•   Home health care                                   pulmonary
•   Hospice                                        •   Specialized infusion clinics (CHF, etc)
•   Hyperbaric services                            •   Transplants
•   Implantable pain and insulin pumps, spinal     •   Wound care (when provided in a wound care
    stimulators and trials (CPT 62350, 62351,          clinic facility)
    62360, 62361, 63650, 63655, 63660,
    63685, 63688)



Medical services:

•   Durable medical equipment over $1000           •   Orthotics and prosthetics
•   Genetic testing / counseling                   •   Occupational / speech therapy


        City of Wichita SPD 2007.01.01                                                            80
        CHC-KS Compliance/JES

                                                 133
•    Injectable medications/infusions              •   Pain management (all services beyond initial
•    Neuropsych testing (CPT 96117)                    evaluation)
•    Specialty lab tests for disease markers       •   Sleep studies (95805-95808, 95810, 95811)




Radiology services:

•    Nuclear cardiology in outpatient hospital setting CPT codes billed with A9500 or A9505**
•    PET scans or PET/CT fusion scans (G0210-G0234, G0252-G0254, CPT 78608-78609, 78459,
     78491-78492, 78811-78816)



** These services do not require prior authorization when performed in the physician’s office.
    Stress echos, and treadmills do not require prior authorization.




         City of Wichita SPD 2007.01.01                                                          81
         CHC-KS Compliance/JES

                                                134
Group Vision Care Policy


 S:\Compliance\ASO\
City of Wichita\City o




          City of Wichita SPD 2007.01.01         82
          CHC-KS Compliance/JES

                                           135
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Group Health Benefit Plan

       SUMMARY




    Effective January 1, 2007

               154
                                           TABLE OF CONTENTS

ARTICLE I
 Introduction .................................................................................................................................................3
 Purpose........................................................................................................................................................3
ARTICLE II
 Eligibility and Participation.........................................................................................................................3
 Qualified Medical Child Support Orders.....................................................................................................3
 Enrollment...................................................................................................................................................3
 Special Enrollment Rights...........................................................................................................................4
 Termination of Participation........................................................................................................................4
 Continuation Coverage under COBRA .......................................................................................................4
ARTICLE III
 Benefits Provided ........................................................................................................................................4
ARTICLE IV
 Plan Administration.....................................................................................................................................4
 Power and Authority ...................................................................................................................................4
 Funding .......................................................................................................................................................5
ARTICLE V
 Amendment or Termination ........................................................................................................................6
 Benefit Claim ..............................................................................................................................................6
 Appealing Denied Claim .............................................................................................................................6
 Important Appeal Deadlines........................................................................................................................6
ARTICLE VI
 No Contract of Employment .......................................................................................................................6
 Summary Plan Controls...............................................................................................................................7
 Compliance with Federal Mandates ............................................................................................................7
SIGNATURE PAGE ………………………………………………………………………………8




                                                                       2
                                                                     155
                                     ARTICLE I
                                    INTRODUCTION

1.1 Introduction

City of Wichita (Plan Sponsor) hereby establishes, effective January 1, 2007 the City of
Wichita Group Health Benefit Plan (Plan) to provide health benefits to its eligible
employees and retirees, their eligible spouses, and their eligible dependents. The original
effective date was January 1, 2007.

1.2 Purpose

City of Wichita is providing this document to address certain information that may not be
addressed in the attached Group Health Benefit Plan Summary Plan Description. This
City of Wichita Group Health Benefit Plan Summary, together with the Benefit
Eligibility Policy Handbook and the Summary Plan Description, is the Plan Document.
This document is not intended to provide any substantive rights to benefits that are not
already provided by the attached Summary Plan Description.



                                     ARTICLE II
          ELIGIBILITY AND PARTICIPATION REQUIREMENTS


2.1 Eligibility and Participation

The eligibility information contained in the attached Summary Plan Description (SPD)
determines whether an employee, retiree and his or her spouse and/or dependents are
eligible to participate in the Plan. Information about when coverage begins and ends is
provided in the eligibility information contained in the SPD. Eligibility is subject to the
City of Wichita Benefit Eligibility Policy Handbook attached hereto.

2.2 Qualified Medical Child Support Orders

The Plan will extend benefits to an employee’s non-custodial child, as required by any
qualified medical child support order (QMCSO). The Plan has procedures for
determining whether an order qualifies as a QMSCO. Participants and beneficiaries can
obtain, without charge, a copy of such procedures from the Human Resources
Department of the City of Wichita.

2.3 Enrollment

Eligible employees must complete an application form, available through the Human
Resources Department of City of Wichita, to enroll themselves and/or their eligible
spouses and dependents in the Group Health Benefit Plan. If a newly hired employee
desires health coverage, he/she may enroll within certain time periods after being hired.
Otherwise, enrollment generally is limited to the annual open enrollment period that
occurs before January 1 of each year.



                                            3
                                           156
2.4 Special Enrollment Rights

In certain circumstances, enrollment may occur outside the open enrollment period. The
Plan’s Summary Plan Description contains information about the special enrollment
rights.

2.5 Termination of Participation

An employee’s benefits (and the benefits of his or her eligible family members) will
cease when the employee’s participation in the Plan terminates.

Benefits will also cease upon termination of the Plan.

Other circumstances can result in the termination, reduction, or denial of benefits. The
Summary Plan Description (SPD) provides additional information.

2.6 Continuation Coverage under COBRA

If coverage for an employee, his or her eligible spouse, or any eligible dependents ceases
because of certain “qualifying events” (e.g. termination of employment, reduction in
hours, divorce, death, child’s ceasing to meet the Plan’s definition of dependent)
specified in the Consolidated Omnibus Budget Reconciliation At of 1985, then the
employee, his or her eligible spouse, or any eligible dependents may have the right to
purchase continuing coverage under the Plan for a limited period of time. More
information about COBRA rights is included in the SPD.



                                   ARTICLE III
                                  PLAN BENEFITS

3.1 Benefits Provided

The Plan provides health insurance to eligible employees, retirees and their eligible
spouses and dependents. These benefits are provided under a self-funded voluntary
benefit Plan by City of Wichita. The benefits provided under the Plan are set forth in the
Summary Plan Description (SPD).



                                   ARTICLE IV
                            PLAN ADMINISTRATION

4.1 Plan Administration

The Plan is administered by the Human Services Department, City of Wichita. Questions
concerning this Plan may be directed to Benefits Coordinator at 268-4531.

4.2 Power and Authority

This Plan is self-funded by the City of Wichita, Kansas, a municipal corporation.
Benefits are provided by City of Wichita.
                                            4
                                           157
Claims for benefits are sent to the Administrative Services Provider, a third party
organization contracted to process and adjudicate claims on behalf of the City of Wichita.

The City of Wichita, not the Administrative Services Provider, is responsible for payment
of eligible claims pursuant to the Summary Plan Description, Administrative Services
Agreement and the Stop-Loss Policy. However, all claims and claim appeals must be
filed with the Administrative Services Provider.

City of Wichita is the Plan Sponsor for benefits and is responsible for:

    •   Determining eligibility for participation in the Plan and benefit levels under the
        Plan; and

    •   Providing the claims procedures to be followed and the claims forms to be used
        by eligible individuals pursuant to the Plan.

The provision of covered services, the payment of vendor claims, and adjudication of
subscriber appeals is the responsibility of Coventry Health Care of Kansas, Inc., the
Administrative Services Provider. Additional information about your Appeal Rights and
the Appeal Process is provided in the Summary Plan Description.

City of Wichita also has the authority to require eligible individuals to furnish it with
such information as it determines necessary for the proper administration of the Plan.

This Plan is self-funded and is not subject to the Employee Retirement Income Security
Act (ERISA), any Kansas Statutes that apply to fully insured health plans or any
regulations issued by the Kansas Commissioner of Insurance relative to fully insured
health plans. The Plan will be operated in compliance with the City of Wichita Benefit
Eligibility Policy Handbook and the Group Health Benefit Plan Summary Plan
Description. This Plan is intended to be an expression of the general policies, procedures
and guidelines of the City’s Group Health Benefits Plan. It is not intended to create any
contractual right, either express or implied, between the City and its employees/retirees.
The City reserves the right to change the provisions of the Plan and the Summary Plan
Description at any time.

4.3 Funding

This Plan is self-funded and is voluntary. This Plan is contributory. Employees and their
families contribute via pre-tax payroll deduction in part and by the Plan Sponsor in part.
Employee pre-tax payroll deductions shall be used in their entirety prior to using Plan
Sponsor contributions to pay for claims incurred by eligible employees, retirees, their
eligible spouses and dependents under this Plan. Any refund, rebate, dividend,
experience adjustment, or other similar payment under this Plan shall be allocated
according to any applicable Kansas State Laws.




                                             5
                                            158
                                      ARTICLE V
             ADMENDMENT OR TERMINATION OF THE PLAN

5.1 Amendment or Termination

City of Wichita as Plan Sponsor has the right to amend or terminate the Plan at any time.
The Plan may be amended or terminated by action of the City Council.



                                     ARTICLE VI
                               CLAIMS PROCEDURES


6.1 Benefit Claim

City of Wichita is responsible for evaluating all benefits under the Plan. The
Administrative Services Provider will decide claims in accordance with the provisions
stated in the Summary Plan Description.

The SPD issued by City of Wichita provides information about how to file a claim with
the Administrative Services Provider and defines City of Wichita claim procedures.

6.2 Appealing Denied Claim

If a claim is denied, the individual may submit appeal to the Administrative Services
Provider for a review of the denied claim. The Administrative Services Provider will
decide the appeal in accordance with the attached Summary Plan Description.
Subscribers are provided two levels of appeal with the Administrative Services Provider.

6.3 Important Appeal Deadlines

If the individual does not appeal on time, he or she will lose the right to file suit in a state
or federal court, because he or she will not have exhausted internal administrative appeal
rights (which generally is a condition for bringing suit in court).

See the attached SPD issued by City of Wichita for information about how to appeal a
denied claim with the Administrative Services Provider and for details regarding the
claims procedures.



                                     ARTICLE VII
                GENERAL INFORMATION ABOUT THE PLAN


7.1 No Contract of Employment

The Plan is not intended to be, and may not be construed as constituting, a contract or
other arrangement between any individual and City of Wichita to the effect that the
individual will be employed for any specific period of time.

                                               6
                                              159
7.2 Summary Plan Controls

Benefits hereunder are provided solely pursuant to City of Wichita, the Plan Sponsor. If
the terms of this document conflict with the terms of the SPD, the terms of the SPD will
control, unless superseded by law.

7.3 Compliance with Federal Mandates

To the extent applicable, the Plan will provide benefits in accordance with the
requirements of all applicable Federal Laws, and as described in the SPD, including the
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), the
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), the Health
Insurance Portability and Accountability Act of 1996 (HIPAA), the Newborns’ and
Mothers’ Health Protection Act of 1996 (NMHPA), and the Women’s Health and Cancer
Rights Act of 1998 (WHCRA).




                                           7
                                          160
                                   SIGNATURE PAGE


This Summary Plan Description was prepared on behalf of the Plan Sponsor of the City
of Wichita Group Health Benefit Plan and is hereby accepted in its entirety.

IN WITNESS WHEREOF, this instrument is executed for the City of Wichita on or as of
the day and year first below written

Accepted by:


                               _____________________________________________
                                     Carl Brewer, Mayor, City of Wichita



                               _______________________________________________
                               Date



                               _____________________________________________
                                      ATTEST: Karen Sublett, City Clerk


                               _______________________________________________
                               Date




                               _______________________________________________________________
                               Approved to Form: Gary E. Rebenstorf, Director of Law


                               __________________________________
                               Date




                                           8
                                          161
                           ADMINISTRATIVE SERVICES AGREEMENT


        THIS ADMINISTRATIVE SERVICES AGREEMENT (this "Agreement") is effective the 1st day
of January, 2007, (the “Effective Date”) by and between the City of Wichita (“Client”) the sponsor of a
self-funded employee health plan (“Plan”), and Coventry Health Care of Kansas, Inc. (“Health Plan,”
“Administrative Services Provider,” or "ASP)."

      WHEREAS, Client has established a self-funded employee health plan to provide for the direct
payment of defined health care benefits to certain of Client's employees and their eligible dependents; and

         WHEREAS, the Client desires to offer managed health care benefit designs to such employees and
their eligible dependents; and

        WHEREAS, the Client desires to purchase from ASP certain health care benefit administrative
services, including quality improvement, utilization review and provider network access services, as more
fully set forth in this Agreement; and

        WHEREAS, ASP desires to provide to Client certain health care benefit administrative services,
including quality improvement, utilization review, and provider network access services for the Client's
Plan, including access to a network of providers as set forth in this Agreement; and

        WHEREAS, ASP is named in the Schedule of Insurance as the Claims Administrator under the
Stop Loss Insurance contract purchased by the City of Wichita from a Stop Loss Carrier of the Client’s
choice.

       NOW, THEREFORE, intending to be legally bound hereby, the parties agree as follows:

1.     DEFINITIONS

       The following terms, whether used in the singular or plural, shall have the meanings set forth
       below when used in this Agreement.

       1.1     “Beneficiary" means each person covered under the terms of the Plan, including an
               employee or retiree and his or her dependents, pursuant to the list provided to ASP by
               Client in accordance with Section 2.9.

       1.2     “Business Day” means any day except Saturday, Sunday, legal holiday or when banks are
               permitted to be closed.

       1.3     “Clean Claim” means a claim that has no defect or impropriety, including any lack of
               required substantiating documentation, or particular circumstance requiring special
               treatment that prevents timely payment from being made on the claim.

       1.4     “Covered Services” means those eligible health care benefits the Client is obligated to pay
               under the Plan.

       1.5     “CPA” means Claims Payment Account.

       1.6     “Network Provider” means a Provider who has: (i) met ASP’s credentialing and
               recredentialing standards; (ii) contracted as an independent contractor directly or indirectly
                                                      1

                                                    162
            with ASP or through an affiliate; (iii) agreed to accept the rate or fee agreed to with ASP as
            payment in full for Covered Services provided to eligible Beneficiaries subject to
            applicable copayments, coinsurance and deductibles; and (iv) agreed to cooperate with
            ASP regarding Quality Improvement and Utilization Review procedures incident to the
            services.

     1.7    “Non-Network Provider” means a Provider who has not contracted directly or indirectly
            with ASP, or through an affiliate, to provide Covered Services to eligible beneficiaries of
            clients of ASP.

     1.8    “Plan” means that portion of the Client’s self-funded employee health benefits plan
            administered by ASP under this Agreement.

     1.9    “Plan Administrator” means the City of Wichita.

     1.10   “Provider” means an individual or entity providing Covered Services who is a duly
            licensed physician or other health care professional, or a hospital or other facility or
            ancillary services provider properly licensed to provide Covered Services. Provider may
            refer to a Network Provider or Non-Network Provider, as applicable.

     1.11   "Quality Improvement" means the process by which ASP monitors, evaluates and attempts
            to improve the quality of Covered Services provided to Beneficiaries.

     1.12   “Utilization Review” means monitoring and evaluating health care services to determine
            whether they are Covered Services, which shall include medical/surgical prospective,
            concurrent and retrospective utilization review in accordance with ASP’s standard utilization
            review procedures.

     1.13   “Summary Plan Description/Plan Document” means the written Plan description required
            by stop-loss carriers and provided to Employees and Retirees and any amendment thereto.
            The document will contain all information required in a manner to be understood by the
            average Participant and be sufficiently accurate and comprehensive to reasonably apprise
            Participants of their rights and obligations under the Plan.

     1.14   “Protected Health Information” means all individually identifiable health information
            transmitted or maintained by the ASP or the Client in any media.

     1.15   “Stop Loss” Aggregate and/or Specific Excess Loss coverage purchased to limit claim
            liability of the Plan.

2.   DUTIES OF CLIENT

     2.1     Client Responsibilities. Client understands and agrees that it shall be fully responsible for
            Plan design and continued compliance with all provisions of applicable federal, state, and
            local laws, including, but not limited to: the Internal Revenue Code of 1986, as amended;
            the Consolidated Omnibus Reconciliation Act of 1985, as amended (“COBRA”); the
            Family and Medical Leave Act of 1993, as amended; the Health Insurance Portability and
            Accountability Act of 1996, as may be amended ("HIPAA"); the Mental Health Parity Act
            of 1996, as may be amended; the Newborns' and Mothers' Health Protection Act of 1996,
            as may be amended; the Women’s Health and Cancer Rights Act of 1998, as may be
                                                  2

                                                 163
      amended, the Deficit Reduction Act of 1984, as amended; and the Tax Equity and Fiscal
      Responsibility Act of 1982, as amended. Client acknowledges that Plan compliance shall
      include, but not be limited to, the following:

        2.1.1   review of all required plan documentation, including a summary plan
                description;

        2.1.2   advising Beneficiaries of their rights under any applicable federal, state or local
                law, including but not limited to the laws set forth above, and preparation and
                distribution of any notices, excluding Certificates of Creditable Coverage,
                required to be distributed under such laws; and

        2.1.3   preparation, distribution and filing of all other reports as may be required under
                any federal, state or local law, including but not limited to, the laws set forth
                above.

2.2   Benefit Determination. Client shall determine the Covered Services provided by and the
      provisions of the Plan. Client will have final authority in establishing the terms and
      conditions of the Plan; provided, however, Client shall not establish any terms or
      conditions of the Plan that ASP is unable to administer.

2.3   Delegation. Client delegates to ASP the responsibility and full authority to determine the
      interpretation of coverage of benefits under the Plan in connection with ASP’s adjudication
      of claims and administration of the appeal of claims denied, in whole or in part, as such
      reviews are required by applicable law. ASP accepts such delegation. ASP shall interpret
      the language of the Plan in accordance with a uniform benefit coverage standard across
      localities, regions and state lines, regardless of the Beneficiary’s geographic location. Any
      determination or interpretation made by ASP pursuant to this discretionary authority shall
      be given full force and effect and be binding on Client and Beneficiary, subject to the
      latter’s rights under applicable law. Nothing in this Agreement is intended to create in ASP
      any status other than in connection with the claims adjudication function delegated herein.

2.4   Liability for Benefits. The Parties understand and agree that the Plan is always liable for
      the full amount of any Plan Benefits paid as a result of a decision by ASP or at the
      direction of any court or regulatory body. The parties agree that any additional sums
      imposed by a court or regulatory body, on the basis that the ASP erroneously determined
      that a claim by a beneficiary was not a covered benefit under the plan, shall be paid by the
      ASP.

2.5   Stop-Loss Insurance. Client shall purchase and maintain such stop-loss protection so long
      as this Agreement is in effect and through the Run-Out Period (hereinafter defined). In
      order to standardize administration of stop-loss claims, Client may choose the company to
      provide stop-loss protection under the Plan from a list developed by ASP and use ASP as
      the agent through which it purchases such stop-loss protection. Client shall advise ASP
      concerning the terms of insurance or any policies it purchases. Client shall be responsible
      for payment of all premiums required by such company or companies. Client understands
      and agrees that if ASP receives any commissions they will be reflected in Exhibit B
      Administrative Services Fees.


                                            3

                                           164
2.6    Cooperation. Client shall cooperate with ASP in the performance of ASP services under
       this Agreement and ASP shall not be liable for a breach of any obligations under this
       Agreement caused, in whole or in part, by the Client’s lack of cooperation.

       2.6.1 Cash Basis and Budget Law. It is the intent of the ASP and the Client that the
       provisions of this Agreement are not intended to violate the Kansas Cash Basis Law
       (K.S.A. 10-1101 et seq.) (The “Cash Basis Law”) or the Kansas Budget Law (K.S.A. 79-
       2925)(the “Budget Law”). Therefore, notwithstanding anything to the contrary herein
       contained, the City’s obligations under this Agreement are to be construed in a manner that
       assures that the City is at all times not in violation of the Cash Basis Law or the Budget
       Law.

2.7    Administration. Client agrees to take the following actions, in addition to any actions
       required of Client elsewhere in this Agreement, to facilitate the provision of services by
       ASP under this Agreement:

       2.7.1   to supply ASP with a list of all Beneficiaries and all information required with
               respect to Beneficiaries at least thirty (30) days prior to the Effective Date, or as
               agreed upon by both parties. The Client will provide information to the ASP
               regarding the eligibility and entitlement of Beneficiaries to receive Plan benefits in
               a form approved by the ASP to perform its functions under the terms of this
               Agreement.

       2.7.2   to resolve any issue raised by ASP concerning eligibility of Beneficiaries;

       2.7.3   to advise ASP promptly of any changes in the Client's organization which might
               affect the status of the Plan, eligibility to participate in the Plan, or coverage under
               the Plan as in effect immediately prior to the effective date of such change;

       2.7.4   to provide ASP with such additional information with respect to matters incidental
               to ASP's provision of services under this Agreement as may be requested by ASP
               from time-to-time; and

       2.7.5    to advise ASP of any changes to the Plan at least sixty (60) days prior, or mutually
               agreed upon timeframe, to the implementation date of the change.

2.8    Compliance with Law. Client will comply with all legal requirements applicable to the
       Plan and satisfy any and all reporting, notice, disclosure, and filing requirements imposed
       by applicable laws and regulations, unless such obligations have been specifically
       delegated to ASP under this Agreement.

2.9    Provision of Information. Within thirty (30) days after the Effective Date of this
       Agreement, or of any amendment or changes to the Plan including, but not limited to,
       Beneficiary eligibility or available benefits, the Client will assist ASP in ASP’s
       development of all appropriate and necessary materials for the operation of the Plan or to
       satisfy the requirements of applicable laws and regulations. The terms of the Plan will
       determine how ASP pays the Covered Services provided under the Plan.

2.10   Distribution of Information. The Client shall be responsible for coordinating the
       distribution to Beneficiaries all information and forms necessary for enrollment, continued
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       eligibility and submission of claims for Covered Services under the Plan within a
       reasonable period of time before coverage begins; unless specifically delegated and agreed
       upon by both parties.

2.11   Eligibility Information. The Client has established the eligibility requirements for
       participation of Beneficiaries in the Plan, and which are described in the Plan
       document. Client will provide eligibility and other necessary Plan data to ASP in a format
       acceptable to ASP. During the term of this Agreement, Client shall notify ASP in writing
       at least thirty (30) days in advance of any such change, if possible. However, in no event
       shall Client provide this information later than thirty (30) days after the effective date if
       advance notice is not possible. The Client shall be responsible for any liability arising from
       the failure to provide ASP with such notice within these time periods. The Client shall be
       the sole and final decision-maker of issues regarding the eligibility of Beneficiaries under
       the Plan. The right to change such eligibility requirement is reserved solely to the
       discretion of the Client provided that the Client shall promptly notify ASP of any change in
       eligibility requirements.

2.12   Discounts and Rebates. Client understands and warrants that it will disclose to
       Beneficiaries that Beneficiaries’ coinsurance and other payments to Network Providers
       may be based on an approved rate schedule, but that such rates may not represent the
       compensation ultimately retained or received by Network Providers from ASP. Such
       compensation is determined on the basis of a particular Network Provider’s agreement
       with ASP and may be an amount less than the approved rate. Further, Client understands
       and agrees that ASP may receive a retrospective discount or rebate from a Network
       Provider, Provider or vendor related to the volume of services, supplies, equipment or
       pharmaceuticals purchased by persons enrolled in health care plans offered or administered
       by ASP and its affiliates. Client further understands and agrees that it shall not share in
       such retrospective volume-based discounts or rebates, except as provided for under the
       context of the ASO fee. Should anytime provider rebates be utilized; such rebates will be
       disclosed on the renewal proposal to the City of Wichita.

2.13   Sufficient Funds. The Client shall be responsible for providing sufficient funds for the
       payment of Covered Services under the terms of the Plan, payment of Administrative
       Services Fees and any other amounts due to ASP, all as further described in this
       Agreement.

2.14   Control of Plan Assets (i.e., The Self Insurance Fund, Group Health). Client shall have
       absolute authority with respect to the control, management, investment, disposition and
       utilization of Plan assets, and ASP shall neither have nor be deemed to exercise any
       discretion, control or authority with respect to the disposition of Plan assets.

2.15   Independent Audit. In the event that the Client requests an audit with respect to the
       administration of the Plan, the Client agrees to:

       2.15.1. Pay the auditors to perform the audit. Treat all of the ASP’s proprietary
               information and information concerning claims or participants in a confidential
               manner, and to use such information only for purposes necessary for the
               completion of the audit.


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            2.15.2 Provide the ASP with a minimum of 60-days notice of all audits. Requested
                   documentation will be made available when appropriate notice is given.

            2.15.3 Allow the ASP to review audit results and to include a supplementary statement
                   from the ASP with the final audit report that documents facts it deems pertinent to
                   the audit.

     2.16   Provider Compensation. Client and its Beneficiaries shall be solely responsible for
            compensating Network Providers and Non-Network Providers for Covered Services
            according to the rates and terms provided by ASP, as may be amended time to time by
            ASP; provided, however, that nothing in this Agreement shall be construed to require
            Client to modify its existing schedule of benefits. Payment by the Client to Network
            Providers in accordance with the terms of this Agreement shall constitute full payment for
            the provision of Covered Services, except that Network Providers shall have the right to
            collect from the Beneficiary any applicable copayments or deductible. Payment to Non-
            Network Providers for Covered Services shall be made in accordance with the terms of the
            Plan. Payment for non-covered services rendered to Beneficiary by Network Providers is
            the responsibility of the Beneficiary.


3.   DUTIES OF ASP

     ASP agrees to provide the following services in connection with the provision of Covered
     Services under the Plan to Beneficiaries:

     3.1    Administrative Services. ASP shall perform the administrative services set forth in this
            Agreement (the “Administrative Services”). Client shall cooperate with ASP’s
            performance of these administrative services. ASP shall perform these services in
            accordance with the reasonable exercise of its business judgment on behalf of Client and
            all applicable statutory and regulatory requirements. Client shall at all times retain
            ultimate control over the assets and operations of the Plan and final responsibility for the
            obligations of the Plan imposed by law. ASP shall be responsible to perform only the
            functions described in this Agreement in accordance with policies, directives, and
            controlling documents of the Plan. In addition to the administration responsibilities
            described in this Agreement ASP agrees to support the Client with responsibilities
            pertaining to any Stop Loss policy such as reporting requirements, premium billing and
            remittance services, and adjudication of benefits detailed by the SPD and Stop Loss
            provisions.

     3.2    Plan Documents. Client is responsible for the design and development of the Covered
            Services offered through this Agreement. At the direction of Client, ASP will draft such
            initial documents as Client may request such as the summary plan description,
            Identification Cards, Enrollment Kits, Covered Individual Reimbursement Forms and
            Certificates of Creditable Coverage as required under HIPAA. The Client shall notify ASP
            in writing of its approval of these documents or shall make any changes and provide final
            changes to ASP at least thirty (30) days prior the effective date of change or shorter period;
            if mutually agreed upon. If the Client makes material changes to such documents in a
            manner that may affect ASP’s administration of the Plan, Client shall obtain ASP approval,
            which shall not be unreasonably withheld. Failure of the Client to object in writing to the
            documents provided by ASP within thirty (30) days of delivery of such documents will
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                                                 167
      constitute Client’s disapproval. ASP shall take no further action on such documents
      pending Client’s approval. The Client, not ASP, is ultimately responsible for the Plan
      design and retains authority over any Plan design. All changes will be approved by
      Client in writing in a timeframe mutually agreed upon.

3.3   Provider Contracting Services. ASP shall arrange through Network Providers, for the
      reasonable availability of Covered Services from a network of health care providers to
      Beneficiaries (hereafter “Provider Network Access Services”). Network Providers shall
      be contractually obligated to meet ASP’s credentialing standards, including, but not limited
      to maintenance of licensure and malpractice insurance.

      ASP shall develop and provide information for distribution to Network Providers as may
      be reasonably necessary and/or required by law to fully describe billing procedures,
      payment for Covered Services, and the schedule of Covered Services.

      ASP shall provide Client with a list of Network Providers that may be revised by ASP
      from time to time.

3.4   Reports to Client. ASP shall provide Client or Stop Loss Carrier on behalf of Client with
      such reports as are set forth in Exhibit A to this Agreement at the rates, if any, set forth in
      Exhibit A. Any other reports and their costs shall be provided for a mutually-agreed price
      determined by the parties and shall be delivered in the format set forth in Exhibit C. In
      accordance with the Stop Loss Carrier requirements, ASP will provide sample reports.

3.5   Duties to Forward Notice. ASP will forward notice to Stop Loss carrier regarding reports
      outlined Exhibit A, premium due, eligibility changes, and Plan changes.

3.6   Coverage Verification. Pursuant to Section 2.9, Client shall be responsible for determining
      the eligibility of any individual to participate in the Plan and shall provide a list of all
      Beneficiaries to ASP as needed to fulfill the terms of this Agreement. Upon request of a
      Provider, ASP shall verify the eligibility of Beneficiaries, based upon the information
      provided to ASP by Client pursuant to Section 2.9.

      ASP shall develop and maintain Beneficiary and provider files to permit eligibility
      verification, rate and provider compensation computations, claims adjudication and
      efficient and timely response to inquiries from Beneficiaries and providers. ASP may rely
      on information regarding the eligibility of Beneficiaries provided by Client and will be
      responsible for processing all changes to the Client’s eligibility in a timely and accurate
      manner. Notwithstanding anything herein to the contrary, Client shall be responsible for
      determining eligibility, providing appropriate notices (unless otherwise negotiated), and
      billing for premiums with respect to continuation of coverage following the occurrence of
      qualifying events under COBRA.

3.7   Telephone Access. ASP shall establish and maintain adequate telephone lines and staff
      responsible for receiving and responding to inquiries and problems relating to
      Beneficiaries and services of providers to Beneficiaries under the Plan.

3.8   Quality Improvement and Utilization Review. ASP shall maintain systems and procedures
      necessary or appropriate for the operation of a reasonable and appropriate Utilization
      Review and Quality Improvement program.
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3.9   Claims Processing/Payment Services. ASP shall design, implement and maintain such
      systems and procedures, consistent with industry standards, and may utilize software for
      the application of GMIS, Correct Coding Initiative and general claims edits, for the
      appropriate adjudication and payment of all claims for payment submitted to Plan
      (including Beneficiary and provider claims for Covered Services rendered by Non-
      Network Providers as well as Network Providers and payments due for stop-loss coverage)
      and to assure the availability of appropriate and accurate information for the administration
      of the Plan’s programs.

        3.9.1   Appeals Services. ASP will administer both first and second level appeals as
                documented in Summary Plan Description.

        3.9.2   Establishment of Claims Payment Account. At least thirty (30) days prior to the
                Effective Date or a time reasonably agreed upon by the parties, ASP shall
                establish a separate Claims Payment Account (“CPA”) at a bank of its choice for
                the purpose of issuing checks and withdrawing funds from the CPA for the
                payment of claims for Covered Services as set forth in this Agreement.

        3.9.3   Claims Processing. ASP will process all Clean Claims within thirty (30) days of
                receipt of such claim. Upon review of a claim, if ASP determines that such claim
                is a valid claim for Covered Services provided to a Beneficiary under terms of
                the Plan, ASP will make a recommendation regarding denial or payment of each
                processed claim. Each week, ASP will prepare a report of all valid claims that
                have been processed for Covered Services provided to a Beneficiary under the
                terms of the Plan and recommended for payment. ASP will deliver the report to
                Client through a secure distribution method. ASP will also prepare and deliver
                to Client each week a request for funding for claims processed. Such funds
                approved by Client must be deposited into the CPA in order to cover the claims
                recommended for payment. In all such disputed or unresolved cases, the
                authority to resolve such claims is expressly retained by ASP and ASP expressly
                retains the authority to make the ultimate decision with regard to such claims.
                ASP also retains the authority to decide whether an investigation of any disputed
                claim is to be conducted and, if so, the extent of that investigation.

        3.9.4   Claims Payment. Within two (2) Business Days of receipt of the claims funding
                request report, Client shall fund the CPA with the funds requested in such report.
                After such funds are deposited in the CPA, ASP shall proceed to authorize the
                issuance of approved checks or drafts drawn on the CPA and pay the approved
                claims. The CPA shall be fully funded by Client to assure that all necessary
                funding for the Plan is available so that ASP can meet the obligations of the Plan
                on behalf of the Client. Client agrees to fund the CPA per the terms of this
                Agreement. ASP's obligation to pay claims hereunder is expressly conditioned
                on the transfer to the CPA Account of funds sufficient to pay for the claims.
                ASP shall be responsible for reconciliation of the CPA Account.

        3.9.5   No Duty to Pay Claims from ASP Funds. Under no circumstances shall ASP be
                liable for the payment of claims, stop-loss premiums, or other monies owed to
                vendors of goods and services provided under the terms of the Plan, nor shall
                ASP be required to advance or use its own funds to make any such

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        payments. Client shall be responsible for all expenses incident to the operation
        of the Plan, including but not limited to all risk of loss with regard to any mistake
        or error whatsoever in the verification of eligibility of Beneficiaries due to
        erroneous information supplied to ASP. ASP will not be considered the insurer,
        guarantor or underwriter of the liability of Client to provide benefits for
        Beneficiaries, and Client will have the final responsibility and liability for
        payment of claims in accordance with the provisions of the Plan. ASP shall
        have no liability for underpayments or overpayments of claims made under the
        Plan; except as defined under Section 2.4. However, ASP shall in good faith
        pursue reimbursement for overpayments to Network Providers as allowable
        under the terms of its contracts with Network Providers and shall return such
        overpayments to Client upon receipt. Except to the extent required by applicable
        law, the defense of any legal action instituted against Client on a claim for
        Covered Services under the Plan shall be solely an obligation of Client. ASP
        shall have no obligation with respect to any such claim, but shall cooperate with
        Client by furnishing such evidence as ASP has available in connection with the
        defense of any such action.

3.9.6   Review of Claims Payments. ASP shall furnish to client a limited number, as
        determined by ASP, of copies of claims files documents for its review at no
        charge. Any additional files will be furnished at an agreed upon cost between
        both parties that reflects ASP’s costs. ASP and Client acknowledge that such
        claims documents contain confidential information that may not be used or
        disclosed in an individually identifiable form without the written consent of the
        Beneficiary or as may otherwise be permitted by law. Client agrees to indemnify
        and hold ASP harmless for any loss, liability, damage or expense (including
        reasonable attorney's fees) which may result from any claim, demand, lawsuit or
        proceeding arising out of the failure of Client, or its employees or agents other
        than ASP, to maintain the confidentiality of any personal information available
        and reviewed, in accordance with the terms of this Agreement.

3.9.7   Failure to Fund. In the event that Client fails to fund the CPA as set forth in this
        Agreement, ASP shall immediately notify Client in writing (the "Failure to
        Fund Notice"). Client shall deposit into the CPA the amount stated in the
        Failure to Fund Notice by the close of business on the Business Day following
        the Business Day of Client’s receipt of the notice.

  3.9.7.1    Termination of Agreement. In the event that Client fails upon three (3) or
             more notices to so fund the CPA, ASP, in its sole discretion, may
             immediately terminate this Agreement upon notice to Client.

  3.9.7.2    Additional Payment Due to Failure to Fund. Client understands and agrees
             that if Client fails to fund the CPA as required by this Agreement, and such
             failure to fund causes claims for Covered Services provided to Beneficiaries
             to be paid later than required by law or regulation, Client shall pay any
             additional amounts (whether interest, statutory penalties, loss of contracted
             rate, contractual penalty, or otherwise) required by law or regulation to be
             paid due to Client's failure to fund the CPA and in the amount required by
             law or regulation.

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            3.9.7.3   Stop-Loss Insurance. Client’s duty to fund the CPA is not contingent upon
                      receipt of payment from a Stop-Loss carrier. Client understands and agrees
                      that under no circumstances may Client refuse to fund the CPA because its
                      Stop-Loss carrier shall or may provide coverage for a claim or is waiting for
                      information concerning a claim.

3.10   Subrogation/Coordination of Benefits. ASP shall administer a coordination of benefits and
       subrogation program on behalf of Client, subject to the approval of the Client.

3.11   Subrogation/Recovery Vendors. ASP, along with its affiliates, has contracted with a third
       party vendor (the "Recovery Vendor") to recover monies paid to Providers that should not
       have been paid to such Providers ("Ineligible Payments"). Ineligible Payments may occur
       for numerous reasons, including, but not limited to, late notice to ASP of an ineligible
       Covered Individual; a Covered Individual failing to provide correct coordination of
       benefits information to Client or ASP; or a Provider failing to disclose all information
       related to the service or item requested for payment under the Plan.

       ASP, along with its affiliates, also has contracted with a third party vendor (the
       "Subrogation Vendor") to supervise ASP's clients' interests in litigation with third parties
       that may lead to a subrogation payment to ASP's clients, including Client. (The "Recovery
       Vendor" and "Subrogation Vendor" are hereinafter collectively referred to as the
       "Vendors" and individually as a "Vendor")

       ASP shall identify Ineligible Payments and potential subrogation matters that are
       appropriate to refer to the appropriate Vendor. The appropriate Vendor shall be paid a
       portion of any Ineligible Payment or subrogation amount that it recovers as payment for its
       services (a "Contingent Fee"). Contingent Fees shall be equal to the mutually agreed
       upon amount set forth in the contract between ASP and the applicable Vendor.

       ASP shall notify Client of amounts recovered by and paid to the Vendors. Client
       understands and agrees that Contingent Fees paid to the Vendors shall be deducted from
       amounts refunded to Client and ASP shall have no duty to pay such Contingent Fees or
       refunds amounts equal to such Contingent Fees to Client. Further, Contingent Fees shall
       be paid by Client in addition to the Administrative Services Fees and other charges
       described herein.

3.12   Government Program Reimbursement. Where the Beneficiary has also filed a claim or an
       appeal under any law applicable to benefit entitlement, such as worker's compensation,
       unemployment compensation, or disability, ASP will recommend appropriate action (such
       as holding such claim in a pending file), or shall turn the claim over to Client if the claim
       becomes involved in legal action or proceedings under such laws.


3.13   Beneficiary Appeals. ASP shall maintain complete control in the administration of a
       grievance and appeal mechanism for Beneficiaries. ASP shall provide all levels of appeal
       under any such grievance procedure.

3.14   Client Approvals. In any situation in which, pursuant to the terms hereof, Client shall be
       required or permitted to take any action, or to give any approval, ASP shall rely and shall
       be indemnified as allowed under applicable law in relying upon the written statements of
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                                            171
            the City or the City Representative under this Agreement, to the effect that any such action
            or approval has been taken or given, provided however, that where the liability for which
            such indemnity is sought would be subject to caps, immunities or other limitations under
            the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.) if brought in tort, the undertaking to
            indemnify the ASP herein shall be subject to those same caps, immunities and limitations.

     3.15   Administrative and Professional Support. ASP shall hire, maintain and supervise such
            personnel as may be necessary to perform ASP's duties hereunder. The hiring, assignment,
            and termination of such personnel shall be at the sole discretion of ASP. ASP also may
            retain accountants, attorneys or other service providers it deems necessary to fulfill its
            duties under this Agreement.

     3.16   Government Regulation. ASP shall use reasonable efforts, within the scope of its authority
            and responsibilities hereunder, to provide Client with the information in ASP’s possession
            to assist Client in complying with the requirements of any applicable state or federal
            statute, ordinance, law, rule, regulation, or order of any governmental or regulatory body
            having jurisdiction over the Plan.

     3.17   Insurance. ASP shall maintain professional liability insurance coverage to insure against
            any claim for damages arising out of or by reason of any acts or omissions directly or
            indirectly in connection with ASP participation in Utilization Review, Quality
            Improvement, Provider Network Access Services or Claims Adjudication. Such coverage
            shall not be less than two million dollars ($2,000,000) per occurrence and five million
            dollars ($5,000,000) aggregate.

4.   COMPENSATION OF ASP

      4.1   Administrative Services Fee. In consideration of the administrative and other services to
            be provided hereunder, Client shall pay ASP those amounts (the “Administrative Services
            Fees”) set forth in Exhibit B of this Agreement. ASP shall post a monthly invoice to
            Client via a secure internet website or agreed upon secure distribution method on or about
            the 15th of the month prior to the date the Administrative Services Fees are due and shall
            notify Client that the invoice has been posted. The invoice shall contain an itemization of
            the Administrative Services Fees, including administrative fees, access fees, stop-loss
            premiums and other charges. Client acknowledges that these fees may include fees for
            services and products provided by third parties to Client. Client authorizes and directs
            ASP to pay any administrative fees to such third parties on behalf of Client. In the event
            ASP has received timely funding from Client but ASP did not pay its vendors timely, the
            ASP shall indemnify the Client against consequences of ASP’s failure to pay.

            Client shall pay the Administrative Services Fees to ASP no later than thirty (30) days
            from the date of notification of posting of the monthly invoice. Payment can be made to
            ASP by Client Automated Clearing House (“ACH”), or by check to: Coventry Health
            Care of Kansas, Inc.; c/o Regulus; ATTN: Lock Box 6512; 2012 Corporate Lane, STE
            108; Naperville, IL 60563. In the event that Client disputes any amount contained on a
            monthly invoice, Client must notify ASP as soon as reasonably practical. If ASP is in
            agreement with Client, any adjustments will be recognized on the invoice for the next
            month.


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       ASP shall provide Client with notice of changes to the Administrative Services Fees prior
       to the commencement of each Plan Year. If no agreement is reached on a new
       Administrative Services Fee prior to the start of a new term of the Agreement, this
       Agreement shall terminate on the last day of the then current term. If the parties agree to a
       new Administrative Services Fee, this Agreement shall be amended accordingly.

       [ASP shall meet such performance guarantees, if any, set forth in Exhibit D]

4.2    Failure to Fund. In the event that Client fails to fund the Account as set forth in this
       Agreement, ASP shall immediately notify Client in writing (the "Failure to Fund
       Notice"). Client shall deposit in the Account the amount stated in the Failure to Fund
       Notice by the close of business on the Business Day following the Business Day of
       Client’s receipt of the notice.

 4.3   Monthly Enrollment Adjustments. Monthly fees based on the number of Client's
       employees enrolled in the Plan each month will be paid based upon the ASP’s records of
       current enrollment in the Plan as of the first day of each month. Appropriate adjustments
       will be made for enrollment variances.

       In the case of an employee whose coverage commences between the first and fifteenth day
       of a calendar month, the first administrative charge will be charged the same month. In the
       case of an employee whose coverage commences between the sixteenth and the last day of
       the calendar month, the first administrative charge will be charged the following month.

       In the case of an employee whose coverage is terminated between the sixteenth and last
       day of the calendar month, a full administrative charge will be charged the month that
       coverage is terminated. In the case of an employee whose coverage terminates between
       the first and fifteenth day of a calendar month, no administrative charge will be charged the
       month that coverage is terminated.

 4.4   Changes of/Additional Administration Fee.

       4.4.1   The ASP will have the right to adjust all or a portion of the Administrative Services
               Fee upon each anniversary date of this Agreement with delivery of such requested
               adjustment to Client at least ninety (90) days prior to such anniversary date, or at
               any time if mutually agreeable changes are made to this Agreement or any
               amendment to the Plan which affects ASP’s costs of services under this Agreement.
               ASP shall provide Client with documentation to support any increase in the
               Administration fee before any increase will be approved or disapproved by Client.

       4.4.2   If the number of Client's employees who are covered by the Plan changes by
               twenty-five percent (25%) or more when compared to the number of employees
               covered on the date that the Administrative Services Fee was effective, ASP will
               have the right to adjust its Administrative Services Fee within sixty (60) days of
               such change and the adjustment will be reflected in the monthly invoice. The new
               Administrative Services Fee shall be effective as of the date of such change to
               reasonably compensate ASP for any additional services performed or expenses to
               be incurred by ASP. If Client fails to agree to the adjustment in the Administrative
               Services Fee, ASP may immediately terminate this Agreement.

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           4.4.3   If the Client requires ASP to reprocess claims or deviate from the Plan for reasons
                   other than ASP failure to process claims according to Plan provisions, (including
                   but not limited to reprocessing claims due to retroactive changes in Plan design,
                   extra contractual approval of claims, inaccurate eligibility information, etc.), ASP
                   reserves the right to charge for additional claims administration if such change
                   impacts 25% or more of the average monthly claims volume. Moreover, the ASP
                   shall not be liable for, and the Client agrees to indemnify the ASP from, any and all
                   liability and any costs or expenses associated with the Client's decision to deviate
                   from the terms and conditions of the Plan and its direction to ASP to act in a
                   manner that deviates from the terms and conditions of the Plan.

           4.4.4 The ASP may charge Client reasonable fees for the reproduction or return of Plan
                 records requested by Client or governmental agencies. Client shall reimburse ASP
                 for reasonable fees charged by medical providers and others for information
                 reasonably requested by ASP to perform its duties under this Agreement.

           4.4.5   ASP may adjust the administrative fee, with proper notice to the Client, to be
                   mutually agreed upon by the parties in writing, if any change in law or regulations
                   imposes duties or obligations on ASP greater than those specified by this
                   Agreement at the time of such change.

     4.5   Additional Services. In the event that Client requests ASP to provide services other than
           those specified in Section 3 of this Agreement, including, but not limited to, support for a
           stop-loss carrier audit, special research projects, ADHOC reports, claims system changes
           to accommodate program changes, or other tasks to be specifically performed for and on
           behalf of Client, Client shall pay to ASP an additional charge to be mutually agreed upon
           by the parties in writing before the services are provided. Amounts expended by Client for
           the following services shall not be sought from or subject to reimbursement by ASP: (i)
           expenditures associated with meetings, communications and mailings to the Client, that do
           not pertain to the administration of the Plan; (ii) expenditures for insurance, including
           professional liability/malpractice, and/or general liability coverage, which may be
           purchased by the Client; (iii) taxes or other government obligations of the Client or
           Client’s benefit Plan; (iv) expenditures for the Client’s annual financial audit and such
           other audits and financial statements required by state or federal law and cost associated
           with preparation of the Client’s annual tax returns or other returns or reports for the Plan;
           (v) expenditures for legal services engaged by Client in the normal course of the Plan’s
           operations, except as provided in Section 2.4; (vi) license and filing fees and penalties and
           other fees associated with annual and other reports required to be filed by the Client by
           federal and state statutes and regulations; (vii) expenditures for independent legal,
           independent accounting and independent actuarial services of the Client; (viii)
           expenditures for access fees for other network services purchased outside of this
           Agreement; and (ix) dental benefit administrative services; and (x) all items expressly
           agreed upon by the parties and set forth in this Agreement.

5.   TERM AND TERMINATION

     5.1   Term. The term of this contract shall be one year from the Effective Date, with two
           additional one-year options to renew. Client shall notify ASP in writing of its intent to
           exercise the option to renew prior to the end of each contract year. In addition, this

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      Agreement is subject to cancellation by the Client, at its discretion at any time within the
      original term of the Agreement, or within any successive renewal term, upon sixty (60)
      days written notice to ASP. Either party may terminate this Agreement with sixty (60)
      days written notice to the other party. However, ASP shall not be required to provide
      services to Client under this Agreement which relate to health care services provided to
      Beneficiaries prior to the Effective Date.

5.2   Termination. Either party may terminate this Agreement forthwith by notice in writing to
      the other party if:

        5.2.1   it is established that either party needs and has lost, has had suspended or has not
                secured a license, governmental approval or exemption in accordance with
                applicable laws or regulations in order to enter into or perform this Agreement;
                or

        5.2.2   either party materially breaches this Agreement in any manner, including but not
                limited to the failure by Client to transfer sufficient funds to the CPA to pay
                claims, where such material breach continues for a period of thirty (30) days
                after written notice is given to the breaching party, specifying the nature of the
                breach and requesting that it be cured; or

        5.2.3   either party shall apply for or consent to the appointment of a receiver, trustee, or
                liquidator of Client or the Plan or of all or a substantial part of its assets, file a
                voluntary petition in bankruptcy, make a general assignment for the benefit of
                creditors, file a petition or an answer seeking reorganization or arrangement with
                creditors or to take advantage of any insolvency law, or if an order, judgment or
                decree shall be entered by any court of competent jurisdiction, on the application
                of a creditor, adjudicating Client or Plan bankrupt or insolvent or approving a
                petition seeking reorganization of Client or Plan or of all or a substantial part of
                its assets, and such order, judgment, or decree shall continue un-stayed and in
                effect for a period of sixty (60) consecutive days, then, in case of any such event,
                the term of this Agreement shall expire, at ASP's option, on ten (10) days written
                notice to Client; or

        5.2.4   either party admits in writing that it is unable to meet its current financial
                obligations.

5.3   Run-Out Period. In the event of termination of this Agreement, ASP shall continue to
      provide all services described herein until the close of business of the day the termination
      of this Agreement becomes effective. Upon notification of termination, Client shall inform
      ASP in writing whether it desires ASP to continue post-termination to process claims for
      Covered Services provided to Beneficiaries while this Agreement was in effect. Such
      written notice shall inform ASP whether it shall provide such services for a duration of
      three hundred sixty-five (365) days, two hundred seventy (270) days, one hundred eighty
      (180) days or for ninety (90) days following the termination of this Agreement. Pricing for
      post-termination services shall be in accordance with the terms specified for “Post-
      Termination Services” found within Exhibit B. If Client fails to notify ASP of its choice of
      time periods for post-termination services, ASP shall continue to process claims for
      Covered Services provided to Beneficiaries while this Agreement was in effect for ninety
      (90) days at the rates set forth for “Post-Termination Services” found within Exhibit B.
                                            14

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       On the first day following the end of the time period specified by Client for post-
       termination services, ASP shall forward any applicable claims not yet fully processed, if at
       all, to Client, if permitted by law, or to the Plan or a person or entity to whom Client
       directs ASP to send such claims.

       If Client requests that ASP process claims for three hundred sixty-five (365) days after the
       termination of this Agreement, the term “Run-Out Period” shall refer to the period
       commencing the day after termination of this Agreement and ending on the three hundred
       sixty-fifth (365th) day after termination of this Agreement. If Client requests that ASP
       process claims for two hundred seventy (270) days after the termination of this Agreement,
       the term “Run-Out Period” shall refer to the period commencing the day after termination
       of this Agreement and ending on the two hundred seventieth (270th) day after termination
       of this Agreement. If Client requests that ASP process claims for one hundred eighty
       (180) days after the termination of this Agreement, the term "Run-Out Period" shall refer
       to the period commencing the day after termination of this Agreement and ending on the
       one hundred and eightieth (180th) day after termination of this Agreement. If Client
       requests that ASP process claims for ninety (90) days after the termination of this
       Agreement, the term “Run-Out Period” shall refer to the period commencing the day after
       termination of this Agreement and ending on the ninetieth (90th) day after termination of
       this Agreement.

       During the Run-Out Period, Client shall continue to fund Run-Out Claims for the Run-Out
       Period selected in Exhibit B for any claims for Covered Services provided to Beneficiaries
       while this Agreement was in effect and processed by ASP while the Agreement was in
       effect or during the Run-Out Period.

       Notwithstanding the foregoing, if ASP has terminated this Agreement pursuant to 5.2.2 of
       this Agreement, ASP shall have no obligation to continue to render any services beyond
       the date this Agreement terminates, except for those services outlined in Sections 5.4 and
       5.5 below.

 5.4   Record Transfer. Upon the termination of ASP's duties hereunder, it shall be the
       responsibility of the Client to arrange and pay all costs for the transfer to a successor of
       custody of any of Client's records in ASP's possession including original claims records
       relating to Beneficiaries. ASP may, at its option, transfer such records in such form as it
       may desire, including computer tapes or disks. Information shall be presented in the form
       of the current standard file layouts at the time the data is requested which will be the same
       or similar to the that listed in Exhibit C, and it is the responsibility of the Client to convert
       such information into any other form required by the successor. Should the Client request
       a format other than the standard, ASP shall work with Client to determine a mutually
       agreed upon format. A standard hourly programming fee, currently $150 an hour, will be
       applied to program the format and the data will be provided within (120) days from
       acceptance of such format. ASP will transfer information either through a File Transfer
       Process ("FTP") or via CD, whichever is agreeable by both parties.

5.5    Post-Termination Accounting. In the event of termination of this Agreement, a final
       accounting and settlement with respect to fees shall be made on or before the last day of
       the Run-Out Period. With respect to claims, an accounting will be done on a monthly basis
       for the one hundred eighty (180) days following the termination of this Agreement.

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6.   ACCESS TO BOOKS AND RECORDS

     6.1   Client Books and Records. Client agrees that ASP may have access to its books and
           records, on reasonable notice, and at reasonable times, during normal business hours, to
           verify the number of Beneficiaries reported by Client hereunder. This provision shall
           survive any termination of this Agreement.

     6.2   ASP Books and Records. ASP shall maintain books of accounts and supporting
           documents for its services hereunder in accordance with generally accepted accounting
           principles consistently applied, during the term of this Agreement and for six (6) years
           thereafter or, a longer period, if required by applicable law. ASP agrees that Client may
           inspect and audit, at Client's sole cost and expense, such books and accounts that relate to
           services provided by ASP to Client. If an audit discloses that ASP has made any
           overpayment of any claim for Covered Services, ASP shall have thirty (30) days from the
           time the final audit report is provided to ASP to confirm such audit findings. If the audit
           findings are confirmed by ASP, it shall make all reasonable efforts to recover any
           overpayment on behalf of Client. in accordance with ASP's policies and procedures;
           provided, however, that ASP shall not be required to initiate any legal or arbitration
           proceeding for the recovery of any such overpayment, nor shall ASP be required to
           reimburse the Client for the overpayment, except as stated in Section 2.4.

     6.3   Stop Loss Carrier Access to Records. On request by the Stop Loss carrier and approval in
           writing by Client, ASP will provide Stop Loss carrier access to inspect and audit all
           applicable records maintained by ASP in respect to claims adjudication as depicted by the
           Summary Plan Description. These records must be available to the Stop Loss carrier or its
           designated underwriting manager for audit of Stop Loss reimbursements requested by
           Client, and submitted by ASP on Client’s behalf. All audits will be done during regular
           normal business hours.

7.   PROPRIETARY RIGHTS

     7.1   Proprietary Rights. Client acknowledges that ASP (including its affiliates) has developed
           and may develop in connection with this Agreement, certain symbols, trademarks, service
           marks, designs, data, processes, systems, computer software, manuals, lists, programs,
           plans, procedures and information, including, but not limited to, utilization management
           and quality improvement plans and policies, all of which are proprietary information and
           trade secrets of ASP (collectively “Materials”). Such Materials are the property of ASP
           during the term hereof and thereafter. Client shall not use the Materials, except as
           expressly contemplated by this Agreement, without the prior written consent of ASP, and
           shall cease any and all usage of the Materials immediately upon the termination of this
           Agreement. In addition, ASP shall have the right to safeguard the secrecy of its systems
           and programs, and shall not be required to make such proprietary information available to
           Client or anyone else. Nothing in this Section prohibits ASP from pursuing any other
           remedies available to it for any such breach or threatened breach, including recovery of
           damages and an equitable accounting of all earnings, profits, and other benefits arising
           from such violation.




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8.   RELATIONSHIPS

     8.1   Relationship of the Parties. In the performance of the work, duties and obligations of the
           parties pursuant to this Agreement, ASP shall at all times be acting and performing as an
           independent contractor with respect to Client. No relationship of employer and employee,
           or partners, agents, or joint ventures between ASP and Client is created by this Agreement,
           and neither party may therefore make any claim against the other party for social security
           benefits, workers' compensation benefits, unemployment insurance benefits, vacation pay,
           sick leave or any other employee benefit of any kind. In addition, neither party shall have
           any power or authority to act for or on behalf of, or to bind the other except as herein
           expressly granted, and no other or greater power or authority shall be implied by the grant
           or denial of power or authority specifically mentioned herein.

     8.2   Relationship of ASP and Providers. ASP shall maintain a network of qualified doctors,
           hospitals and other health care providers providing cost effective, quality health care
           services. ASP has contracted with Network Providers, as independent contractors of ASP,
           to provide Covered Services as defined herein. Network Providers and their employees
           and agents are not employees and agents of ASP and neither ASP nor any employee of
           ASP is an employee or agent of the Network Providers. ASP is not responsible and shall
           not be liable for any claims that may arise from the provision of Covered Services (or any
           other services outside the scope of this Agreement) to Beneficiaries by Network Providers.

     8.3   Relationship of Providers and Beneficiaries. Each Provider who is a Network Provider
           shall maintain the usual and customary Provider physician-patient relationship with
           Beneficiaries and shall be solely responsible for medical treatment. Client shall have no
           responsibility to determine what medical treatment shall be provided or not provided to
           any Beneficiary. The sole responsibility of Client in regard to a Network Provider's
           services is payment for Covered Services that are provided to Beneficiaries under the terms
           of the Plan, and nothing contained herein shall be construed as interfering with the
           physician-patient relationship. Nothing herein shall require a Network Provider to
           commence or continue providing medical treatment to a Beneficiary. Further, nothing
           herein shall require a Beneficiary to commence or continue receiving medical treatment
           from a Network Provider.

     8.4   Fiduciary Status. It is understood that ASP is not a named fiduciary, Plan Administrator,
           or fiduciary of the Plan except as to the extent required by applicable law, and that, with
           respect to the provision of services by ASP under this Agreement, ASP shall not assume
           any obligations of Client, the named fiduciary or the Plan Administrator under the
           provisions COBRA, or any other applicable law.

9.   INDEMNIFICATION AND INSURANCE

     9.1   ASP’s Indemnification. ASP shall indemnify, defend and hold harmless Client, its
           officers, directors, employees, or agents from and against, and in respect to, any and all
           liabilities and losses, including reasonable attorney's fees, that the Client shall incur or
           suffer, which arise out of, result from or relate to any negligent act or gross or willful
           misconduct in the performance of ASP’s obligations under this Agreement by its officers,
           directors, employees, or agents.


                                                17

                                               178
      9.2    Client’s Indemnification. In addition to the Client's duty to indemnify ASP as set forth
             elsewhere in this Agreement, Client shall indemnify, defend and hold harmless ASP, its
             officers, directors, employees, or agents from and against, and in respect to, any and all
             liabilities, including reasonable attorney's fees, that ASP shall incur or suffer, which arise
             out of, result from or relate to any negligent act or gross or willful misconduct in the
             performance of Client’s obligations under this Agreement by its officers, directors,
             employees, or agents, provided however, that where the liability for which such indemnity
             is sought would be subject to caps, immunities or other limitations under the Kansas Tort
             Claims Act (K.S.A. 75-6101 et seq.) if brought in tort, the undertaking to indemnify the
             ASP herein shall be subject to those same caps, immunities and limitations.

      9.3    Survival. The indemnifications provided for by this Section shall survive the termination of
             this Agreement.

10.   DISPUTE RESOLUTION

      10.1   Litigation. If a dispute arises out of this Agreement the parties cannot resolve, the dispute
             will be litigated before a court of competent jurisdiction located in the State of Kansas and
             shall be subject to the provisions of the Kansas Tort Claims Act, K.S.A. 75-6101 et. seq.
             and all other applicable laws of the State of Kansas. In the event of litigation, each party
             shall be responsible for its own expense for defending itself in any action brought against it
             whether or not the other party hereto is also a defendant, arising out of activities engaged
             in pursuant to this Agreement. .

11.   HIPAA AND GRAMM LEACH BLILEY ACT COMPLIANCE

      11.1   HIPAA and Protected Health Information. The services provided by ASP under this
             Agreement for Client (for purpose of this Article, Client is hereinafter referred to as “Plan
             Sponsor”) on behalf of its Plan may involve the use and disclosure of individually
             identifiable health information, deemed protected health information or “PHI” under
             regulations promulgated under the federal Health Insurance Portability and Accountability
             Act (“HIPAA”) and applicable state law and/or regulations (“PHI”). Except as otherwise
             provided herein, ASP may make any and all uses of PHI necessary to perform its
             obligations under this Agreement.

      11.2   Plan Sponsor and Plan HIPAA Obligations

               11.2.1 Plan Sponsor represents that all persons who request PHI from ASP are acting on
                      behalf of Plan Sponsor’s Plan and Plan Sponsor (i) has caused the Plan’s
                      documents to be amended consistent with 45 C.F.R. 164.504(f) (2) and (ii) has
                      provided the certification to the Plan described in 45 C.F.R.164.504(f)(2) that
                      Plan Sponsor will, among other things, not use or disclose the information
                      requested for employment-related actions and decisions or in connection with
                      any other benefit or employee benefit plan. Notwithstanding the foregoing, ASP
                      may provide PHI to Plan’s Sponsor’s representatives where such persons are
                      requesting individually identifiable health information which is summary
                      information within the meaning of the HIPAA Privacy Rule and such
                      information is sought for the purpose of obtaining premium bids or for
                      modifying, amending or terminating the group health plan.

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                                                  179
         11.2.2 Plan Sponsor will comply and will cause the Plan to comply with all obligations
                under the HIPAA Privacy Rule, including, but not limiting to, amending plan
                documents, and providing beneficiaries with a privacy notice, that are necessary
                to assure that the Plan may use and disclose PHI to operate the Plan and that
                ASP as its business associate under the HIPAA Privacy Rule will be able to use
                and disclose PHI in order to perform its services pursuant to this Agreement. In
                this regard, ASP will provide Plan Sponsor with its notice that covers all of
                ASP’s anticipated uses and disclosures on behalf of the Plan. ASP will send such
                notice out to the Plan’s participants on behalf of the Plan, if so directed in
                writing by the Plan or Plan Sponsor. If the Plan sends out a notice with respect to
                the Plan which ASP administers, ASP shall be provided with a copy of such
                notice in advance of distribution. Plan Sponsor understands and agrees that ASP
                may be unable to perform all of its services under the Agreement if the notice
                does not allow for all of its necessary uses and disclosures.

         11.2.3 Plan Sponsor understands that ASP administers a variety of different health
                benefit arrangements, both insured and self-insured and that ASP has limited
                capacity to agree to special privacy restrictions requested by individuals. Plan
                Sponsor agrees to consult with ASP prior to committing ASP to any such
                restrictions, including, but not limited to, restrictions on the use or disclosure of
                PHI as provided for in 45 C.F.R. 164.522.

11.3   ASP Obligations for HIPAA Privacy and Security.

         11.3.1 In rendering the services described in the Agreement, ASP may receive from or
                transmit to the Plan, PHI. ASP agrees not to use or disclose PHI which has not
                been de-identified except: (i) in conjunction with the services described in the
                Agreement, which may include, but not be limited to claims processing,
                utilization management, network management, quality assurance, re-pricing, and
                reinsurance brokering; (ii) as covered entities are permitted without authorization
                by the HIPAA Privacy Rule; (iii) to provide data aggregation services; (iv) to
                fulfill its present or future legal responsibilities, for ASP's proper management or
                administration, or as required or permitted by law. ASP agrees to report to the
                Plan any material use or disclosure of the PHI not provided for in this Section
                11.3.1.

         11.3.2 ASP agrees to use appropriate safeguards to prevent the use or disclosure of PHI
                which are contrary to the uses or disclosures authorized herein.

         11.3.3 ASP agrees to enter into agreements imposing equivalent requirements on any
                agents or subcontractors utilized in providing the services set forth in this
                Agreement who receive PHI.

         11.3.4 ASP will make its internal practices, books, and records relating to the use and
                disclosure of PHI received from, or created on behalf of, the Plan available to the
                Secretary of the Federal Department of Health and Human Services for purposes
                of determining the Plan’s compliance with the HIPAA Privacy Regulation.

         11.3.5 ASP will, at termination of the Agreement, if feasible, return or destroy all PHI
                received from, or created by ASP on behalf of, the Plan which ASP and/or its
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                                            180
       subcontractors or agents still maintain in any form, and, if feasible, will not
       retain any copies of such information. If such return or destruction is not
       feasible, ASP will extend the protections of this section to the PHI and limit
       further uses and disclosures to those purposes that make the return or destruction
       of the PHI infeasible.

11.3.6 Upon reasonable request of by the individual or the Plan, ASP shall make
       available to the Plan or to the individual making such request such PHI as ASP
       initially provides to individuals based on its Designated Record Set Policy. The
       information ASP provides may be a subset of the Designated Record Set (as such
       Set is then defined by HIPAA regulation) but shall include the information in
       which participants and beneficiaries are generally interested, including
       enrollment information, claims adjudication and payment history and referral
       and authorization history for so long as such information is maintained by ASP
       in the Designated Record Set as set forth in 45 C.F.R. § 164.524. ASP agrees to
       provide access, at the request of the Plan, to PHI in a Designated Record Set, to
       the Plan, or as directed by the Plan to an Individual within a time and manner as
       set forth under 45 C.F.R. 164.524. If such information provided is not sufficient
       and the individual is interested in additional PHI contained in the Designated
       Record Set, ASP shall promptly provide such PHI to the individual or the Plan, if
       the individual’s request was first directed to the Plan. Reasonable copying costs
       in preparing copies of such PHI for these purposes shall be at the expense of the
       Plan.

11.3.7 ASP agrees on behalf of the Plan to make any amendment(s) to PHI in a
       Designated Record Set pursuant to 45 C.F.R. 164.526 at the request of the Plan
       or an Individual, and in a time and manner as set forth under 45 C.F.R. 164.526,
       however, that the Plan has made the determination that the amendment(s) is/are
       necessary because the PHI that is the subject of the amendment(s) has been, or
       foreseeably could be, relied upon by ASP or others to the detriment of the
       individual who is the subject of the PHI to be amended. This obligation shall
       apply only for so long as the PHI is maintained by ASP in a Designated Record
       Set.

11.3.8 ASP shall furnish the Plan or to the individual requesting such accounting such
       information as to those disclosures of PHI, if any, which are subject to the
       accounting provided for in 45 C.F.R. § 164.528, in a time and manner as set
       forth under 45 C.F.R. 164.528. Reasonable copying costs in preparing such
       accountings shall be at the expense of the Plan.

11.3.9 ASP agrees to report to the Plan any security incident of which it becomes
       aware.

11.3.10ASP agrees to implement administrative, physical, and technical safeguards that
       reasonably and appropriately protect the confidentiality, integrity, and
       availability of the electronic PHI that it creates, receives, maintains, or transmits
       on behalf of the Plan.



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               11.3.11ASP agrees to ensure that any agent, including a subcontractor, to whom it
                      provides such information, agrees to implement reasonable and appropriate
                      safeguards to protect it.

      11.4   Gramm Leach Bliley Act. The services provided by ASP under this Agreement for Plan
             Sponsor on behalf of its Plan may involve the use and disclosure of individually
             identifiable health information deemed non-public personal information under the Gramm
             Leach Bliley Act and applicable state laws and/or regulations (“NPI”). Except as
             otherwise provided herein, ASP and Client may make any and all uses of NPI necessary to
             perform its obligations under this Agreement.

      11.5   Termination.

               11.5.1 If it is determined that either party has materially violated this Article 11, such
                      violation shall be grounds for the non-breaching party to terminate this
                      Agreement for cause according to the terms of Section 5.2.2 of this Agreement.

               11.5.2 This Article shall survive the termination of this Agreement.

12.   MISCELLANEOUS

      12.1   Confidentiality. Each party shall maintain the confidentiality of information in its
             possession contained in the records of Beneficiaries in accordance with applicable federal
             and state laws and regulations or other applicable law, and shall not release such
             information, either to each other or to any other person or entity, except as permitted by
             law or in accordance with a validly executed release. In addition, all files, data and
             information relating to the business of either party in the possession of the other party will
             be deemed confidential and will not be disclosed except upon lawful order of a court or
             public authority which order compels obedience under penalty of contempt or fine or
             impairment or loss of the right to do business. In the event of any such disclosure, the
             disclosing party shall immediately notify the other party in writing detailing the
             circumstances and extent of such disclosure.

      12.2   Assignment/Subcontracting. Neither party shall have the right to assign any of its rights or
             obligations hereunder without the prior written consent of the other party; provided,
             however, that nothing herein shall prevent the assignment by ASP of its rights, duties and
             obligations under this Agreement to any entity that controls, is controlled by, or is under
             common control with ASP or to any entity that succeeds to all or substantially all of the
             business or assets of ASP in connection with a sale, merger or consolidation. The services
             to be performed by ASP under this Agreement may be performed wholly or in part through a
             subsidiary, affiliate, delegate or subcontractor of ASP.

      12.3   Notices. Except as set forth herein, all notices required or permitted to be given hereunder,
             shall be in writing and shall be sent by mail, certified or registered, return receipt
             requested, postage prepaid, to the parties hereto at their respective addresses set forth
             herein below, or such other address as may be fixed in accordance with the provisions
             hereof:

             To City Manager Designee at:

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                                                  182
       _Thomas B. Smith, Risk Manager



       _Department of Finance, 12th Floor, City Hall

       _455 North Main Street_

       _Wichita, Kansas 67202_




       To ASP at:

       Coventry Health Care of Kansas, Inc.

       Attention: Chief Executive Officer

       8320 Ward Parkway

       Kansas City, Missouri 64114

or to such other address or to such other persons as may be designated by written notice given
from time-to-time during the term of this Agreement by one party to the other. Except as set forth
herein, if mailed in accordance with the provisions of this paragraph, such notice shall be deemed
to be received three (3) Business Days after mailing.

12.4   Headings. The headings of the various sections of this Agreement are inserted merely for
       the purpose of convenience and do not expressly or by implication limit, define or extend
       the specific terms of the section so designated.

12.5   Waiver of Breach. The waiver of or failure to enforce, by either party, or a breach or
       violation of any provision of this Agreement shall not operate as, nor be construed to be, a
       waiver of any subsequent breach thereof. Any specific waiver by either party of any of the
       terms of this Agreement shall be considered a one-time event and shall not constitute a
       continuing waiver.

12.6   Applicable Law. This Agreement shall be governed in all respects by the laws of the State
       of Kansas and all of the terms and provisions hereof and the rights and obligations of the
       parties hereto shall be interpreted and enforced in accordance with the laws thereof.

12.7   Severability. If, for any reason, any provision of this Agreement is or shall be hereafter
       determined by law, act, decision, or regulation of a duly constituted body or authority, to
       be in any respect invalid, such determination shall not nullify any of the other terms and
       provisions of this Agreement and, unless otherwise agreed to in writing by the parties,
       then, in order to prevent the invalidity of such provision or provisions of this Agreement,
       the said provision or provisions shall be deemed automatically amended in such respects as
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                                            183
       may be necessary to conform this entire Agreement with such applicable law, act, decision,
       rule or regulation.

12.8   Assessments. The Client will pay ASP, within a reasonable time after assessment, any tax
       or charge assessed against ASP which may be incurred by reason of a change in or
       imposition of any charges imposed on ASP by any public body, exclusive of Federal or
       State Income Taxes, which affect this Agreement to the extent based upon services
       provided under this Agreement.

12.9   Duties on Termination. As of the effective termination date of this Agreement pursuant to
       any provision of this Agreement, the Agreement shall be considered of no further force of
       effect, provided, however, that each party shall remain liable for any obligations or
       liabilities arising from activities carried on by such party or its agents, servants, or
       employees during the period this Agreement was in effect except those terms and
       conditions of the Agreement expressly so noted shall survive termination of this
       Agreement.

12.10 Assessment. It is understood that the legal status of the Plan under applicable law is a
      matter of determination by Client and not by ASP. Client shall pay ASP within a
      reasonable time after assessment of the amount of any charge, exclusive of federal or state
      income taxes of ASP, assessed against ASP which may be incurred by reason of: (a) a
      ruling or other determination by any insurance department or other governmental authority
      to the effect that any charges payable by Client to ASP under this Agreement or the
      amount of claim payments under this Agreement is an insurance premium subject to the
      premium provisions of applicable statutes, including any retroactive assessments; or (b) a
      change in any charges imposed on ASP by any public body.

12.11 Waiver of Plan Terms. ASP shall have no power or authority on behalf of Client to alter,
      modify or waive any terms or conditions of the Plan, or to waive any breach of any such
      terms and conditions, or to bind Client, or to waive any of Client's rights by making any
      statement or by receiving at any time any notice or information.

12.12 Use of Name. Client does not consent to references to Client unless approved in writing in
      advance. Client does consent to ASP informing contracting physicians and other health
      professionals regarding the organizations, employers, funds, and plans with whom ASP
      has agreements.

12.13 Counterpart Copies. This Agreement may be executed in two counterparts, each of which
      shall be an original, but such counterparts shall constitute one and the same instrument.

12.14 No Third Party Beneficiary. This Agreement is entered into by and between Client and
      ASP and for their benefit only. There is no intent by either party to create or establish third
      party beneficiary status or rights or their equivalent in any person covered by the Plan,
      subcontractor, or other third party to this Agreement, and no such third party shall have
      any right to enforce any right or enjoy any benefit created or established under this
      Agreement.

12.15 Force Majeure. In the event the operations of ASP's facilities or any substantial portion
      thereof, are interrupted by war, fire, explosion, insurrection, labor troubles, riots,
      government requirement, civil or military authority, flood, the elements, earthquakes, acts
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                                             184
       of God, act or omission of transportation companies, or other similar causes beyond its
       control, the provisions of this Agreement (or such portions hereof as ASP is thereby
       rendered incapable of performing) shall be suspended for the duration of such
       interruption. Should a substantial part of the services which ASP has agreed to provide
       hereunder be interrupted pursuant to such event for a period in excess of thirty (30) days,
       Client shall have the right to terminate this Agreement effective upon thirty (30) days prior
       written notice to ASP.

12.16 Non-assumption of Liabilities. ASP shall not, by entering into and performing services in
      accordance with the terms of this Agreement, become liable for any of the existing or
      future obligations, liabilities, or debts of Client, and ASP shall not, by providing data
      processing services to Client assume or become liable for any of the obligations, debts, or
      liabilities of Client as otherwise provided herein.

12.17 Authorization of Agreement. ASP and Client represent and warrant each to the other, that
      this Agreement constitutes a valid and enforceable obligation of ASP and Client in
      accordance with its terms.

12.18 Exhibits. The exhibits attached to this Agreement are an integral part of this Agreement
      and are incorporated herein by reference.

12.19 Entire Agreement. This Agreement and all exhibits, and other documents furnished
      pursuant to this Agreement and expressly made a part hereof, shall constitute the entire
      agreement relating to the subject matter hereof between the parties hereto, and supersedes
      all other agreements, written or otherwise. This Agreement may be amended by mutual
      agreement of the parties, provided that such amendment is reduced to writing and signed
      by both parties.




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                                            185
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set for above.

COVENTRY HEALTH CARE OF KANSAS, INC.

By:


Print Name:


Print Title:

CITY OF WICHITA

        By_______________________________

           Carl Brewer, Mayor




        Attest:_____________________________

               Karen Sublett, City Clerk




        Approved as to Form:



        _____________________________________

        Gary E. Rebenstorf, City Attorney




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                                               186
EXHIBIT A

REPORTS TO CLIENT AND STOP LOSS CARRIER

1.   Financial and Stop-Loss Reports. ASP shall prepare and deliver to Client within forty-five (45)
     days from the end of each calendar quarter, financial reports on a quarterly calendar basis. The
     reports shall include a statement of expenses in reasonable detail and a stop-loss analysis.

          •   Cost Illustration – Monthly
          •   Claim Lag Report – Monthly
          •   Stop-Loss Report – Monthly
              A few examples of the Stop-Loss Reports are:
                 o Specific Excess Insurance Notification Report, Breach Report, Breach Summary
                      Report;
                 o Potential Large Claim Report Primary Diagnosis and Multiple Diagnosis
          •   Health Care Utilization Report – Quarterly
          •   Pharmacy Reports – Quarterly
          •   As needed specific excess reimbursement requests
          •   As needed eligibility proof with assistance from City of Wichita
          •   As needed copies of all medical reports pertaining to reimbursement
          •   As needed additional information for stop loss carrier’s review of all breaches of stop loss

2.   Utilization Reports. On a quarterly calendar basis or when reasonably requested by Client, ASP
     shall furnish to Client, within forty-five (45) days from the end of the quarter or from the date of
     request, reports regarding the utilization and cost of health services and supplies rendered to
     Beneficiaries by providers of these services. Such reports shall include, but not be limited to,
     hospital days per 1,000, average length of stay, admissions per 1000 members, total number of
     hospital admissions, total number of hospital days, outpatient surgical procedures per 1,000
     members, utilization of hospitals, large claims information, and separate prescription drug
     utilization..

3.   Ad Hoc/Custom Reports. Should the Client require custom reporting requirements, the parties shall
     mutually agree to the prices for such reports, provided, however, in no event will the price for a
     custom report be less than $500 per report/$150 per hour programming time..

4.   Claims Analysis File, ASP shall provide an annual electronic full claims file, for the purposes of
     utilization analysis, to the Client or to the Client’s designated vendor partner, per Client’s request.




                                                    26

                                                    187
EXHIBIT B

ADMINISTRATIVE SERVICES FEE

Monthly Fee

       The monthly fixed administrative services fee due to ASP under this Agreement shall be equal to
       $24.44 per employee or retiree of Client covered under the Plan, per month (“Monthly Fee”).
       This monthly fee includes an average prescription drug plan rebate of $11.37 per employee or
       retiree of Client covered under the plan, per month, which has been credited up front in the
       monthly administrative services fee.

       Claims Appeals Administration at $0.63 included in 2007 ASO Fee
       Coventry Owned Bank Fee at $0.55 included in 2007 ASO Fee
       Nurse Line at $0.60 PEPM included in 2007 ASO Fee
       Mental Health/Substance Abuse administrative fee of $1.16 per member per month (PMPM) not
       included in ASO Fee.

       Stop Loss fees are not included in the ASO Fee.



       In addition, Client shall pay the following access fees, if any:

       Coventry Transplant Network Access Fee: $3,500 per transplant

       Fee for Arrangement of Out-of-Network Transplant: $5,000 per transplant.



       ASO Renewal Fee for Year 2 = $24.75 includes CHC Owned Bank & Claims Appeal Services.

       ASO Fee Renewal Fee for Year 3 = $24.51, CHC Owned Bank & Claims Appeal Services Fees
       are “TBD”.

       Please note that Mental Health and Nurse Line fees are not included with the 2008 & 2009 ASO
       Renewal Fees. Please note Mental Health, Nurse Line, Claims Appeal Services & Coventry
       Owned Bank Fees are not fixed costs, they are a pass through. If any of these fees were to increase
       or decrease it would impact the total fee. If the costs associated to these services were to change
       the new cost would be provided with notice.



Post-Termination Services Fee

       In the event of contract termination, the run-out period fee for providing post-termination
       administration services during the Run-Out Period as specified in the Administrative Services
       Agreement shall be equal to the amount set forth below.

       Client shall pay a per employee per month fee for post-termination services. The monthly fee
       shall be based on the total number of Client’s employees as of the termination date of the
                                                27

                                                     188
Agreement multiplied by the applicable per employee fee below. The monthly fee shall remain
unchanged for the entire run-out period, regardless if the number of Client’s employees changes.

Per Employee Fee:      Length of Run-Out Period                Per Employee Fee Per Month (PEPM)

                       3 months                                      $9.00

                       6 months                                      $8.00

                       9 months                                      $7.00

                       12 months                                     $6.00

These administrative run-out fees cover services limited to;

a. Adjudicating and paying claims according to the Schedule of Benefits effective as of the date of
termination.

b. Adjudicating and paying claims involving Medicare Secondary Payor requests.

c. Providing standard reports as were provided during the contract period.

d. Providing copies of explanation of benefits to plan members.

e. Apply Maximum Allowable Charges schedule to billed charges on claims being processed for
   payment to out-of-network providers.

f. Refund claim overpayments.

g. All claims processing, adjudication and payments, recovery efforts, Medicare Secondary Payor
   investigations, refund processing and subrogation efforts will cease on the date that the run-out
   agreement ends unless otherwise extended by mutual agreement of both parties.

h.    Preparation and mailing of the Service Delivery Plan to each of the Client’s enrolled
     employees/retirees and preparation and mailing of the HIPAA Privacy Notice to each of the
     Client’s enrolled employees/retirees..

Client responsibilities:

a. The Client will be responsible for processing, adjudicating and paying all claims incurred after
   the expiration of the Administrative Services Agreement.

b. The Client will be responsible for processing and adjudicating all claims incurred prior to
   expiration of the Administrative Services Agreement and received after the termination of this
   Run-Out                                                                          Agreement.

c. The Client will assist the Claims Administrator in obtaining names, addresses and phone
   numbers of Employees or former Employees as necessary.



                                            28

                                            189
EXHIBIT C

EXTERNAL FILE LAYOUT

I.    Overview

This process proposes the delivery layout of external files of paid and encounter claims to customers as
well as pended claims.

II.   External File Layouts

Delimited file (^) to be delivered electronically via File Transfer Process (FTP) or CD.

III. External Data File Layouts

1. Claim Detail File


#     NAME                    TYPE              COMMENT - MEDICAL
1     EXTRACT_CODE            VARCHAR2(25)      Extract Identification: MEDICAL
2     DW_SOURCE_SYSTEM        NUMBER(2)         Coventry Warehouse Source Designation
3     HMO_PTR                 NUMBER(5)         Coventry Warehouse Source Designation
4     CLM_ID                  VARCHAR2(25)      Claim Header Number
5     CLM_LINE                NUMBER(5)         Claim Line Number
6     CLAIM_STATUS            VARCHAR2(75)      Paid / Approved / Denied Status identification

7     FINAL_CLAIM             VARCHAR2(10)      Coventry Final Flag (1) if Claim has been backed out and replaced

8     PAY_DT                  DATE              Paid Date or Coventry Frozen Date if Statistical / Encounter
9     CLMBEG_DT               DATE              Header Date of Service

10    SRVBEG_DT               DATE              Line Date of Service

11    SRVEND_DT               DATE              Line Date of Service

12    CAP_FLG                 VARCHAR2(2)       Statistical (Encounter) / Non-Statistical (Paid) identification
13    CHECK_NUM               VARCHAR2(255)     Check Number for paid claims
14    DRG_CD                  NUMBER(4)         Coventry Derived Diagnosis Related Group
15    DX_CD                   VARCHAR2(10)      Primary Discharge Diagnosis Code

16    DX_DESC                 VARCHAR2(120)     Primary Discharge Diagnosis Description
17    MDC_NUM                 VARCHAR2(6)       Major Diagnostic Category Number
18    MDC_DESC                VARCHAR2(70)      Major Diagnostic Category Description
19    CONTRACT_NUM            NUMBER(9)         Coventry Employer Group Contract Identification Number
20    GRP_LOC_NUM             VARCHAR2(10)      Coventry Employer Group Enrollment Location
21    GRP_ID                  VARCHAR2(30)      Coventry Employer Group Number

22    MODIFIER_CD             VARCHAR2(6)       Modifier Code

23    PLAN_NUM                VARCHAR2(10)      Benefit Plan Number
24    PROCEDURE_CODE          VARCHAR2(10)      Industry Standard CPT, Revenue, HCPC codes

25    SRV_LOC_NUM             VARCHAR2(5)       Place of Service – Table provided

26    ZIP_CD_GRP              VARCHAR2(10)      Employer Group Zip Code

                                                     29

                                                    190
#    NAME                 TYPE            COMMENT - MEDICAL

27   REFERRAL_NUM         NUMBER(15)      Referral / Authorization number

28   APPROVED_AMT         NUMBER(11,2)    Paid Amount – Includes Withholds

29   ACT_DAYS             NUMBER(5)       Actual Days
30   BILL_AMT             NUMBER(11,2)    Billed Amount
31   COB_SAVINGS          NUMBER(11,2)    Coordination of Benefit Savings

32   COINS_AMT            NUMBER(11,2)    Member Coinsurance Amount

33   COPAY_AMT            NUMBER(11,2)    Member Copay Amount

34   DED_AMT              NUMBER(11,2)    Member Deductible Amount
35   REJ_AMT              NUMBER(11,2)    Rejected Amount
36   WTHD_AMT             NUMBER(11,2)    Withhold Amount

37   MEM_LIABILITY        NUMBER(11,2)    Member Copay_Amt + Coins_Amt + Ded_Amt
38   ALLOWED_AMT          NUMBER(11,2)    Approved_Amt + Mem_Liability + COB_Savings
39   MEM_PAT_ID           NUMBER(10)      Coventry Member Internal Identification

40   MEM_NM               VARCHAR2(70)    Member Name
41   MEM_SSN              VARCHAR2(15)    Member Social Security Number
42   MEM_BIRTH_DT         DATE            Member Date of Birth

43   MEM_GENDER           VARCHAR2(1)     Member Gender

44   MEM_ZIP_CD           VARCHAR2(10)    Member Zip Code
45   PRV_ID               VARCHAR2(10)    Unique Provider / Vendor Identification

46   PRV_NAME             VARCHAR2(120)   Provider / Vendor Name
47   PRV_ADDRESS1         VARCHAR2(50)    Provider / Vendor Address1

48   PRV_ADDRESS2         VARCHAR2(50)    Provider / Vendor Address2

49   PRV_CITY             VARCHAR2(50)    Provider / Vendor City
50   PRV_STATE            VARCHAR2(2)     Provider / Vendor State

51   PRV_ZIP_CD           VARCHAR2(10)    Provider / Vendor Zip Code

52   PRV_BILLAREA_CD      VARCHAR2(10)    Provider Specialty - Table Provided

53   PRV_PAR_STATUS       VARCHAR2(10)    Y = In Network, N = Out of Network

54   PCP_PRV_ID           VARCHAR2(10)    Unique Primary Care Physician Identification

55   PCP_PRV_NAME         VARCHAR2(120)   Primary Care Physician Name

56   CLAIM_DEPT           VARCHAR2(10)    Inpatient / Outpatient / Physician Designation
57   PRODUCT              VARCHAR2(20)    Benefit Design (HMO/PPO/POS/Medicare)
58   FUNDING              VARCHAR2(20)    Fully Insured / Self Funded
59   NAIC                 VARCHAR2(50)    If applicable


2. Pharmacy Detail File

                                              30

                                              191
#    NAME                  TYPE               COMMENT - PHARMACY
1    EXTRACT_CODE          VARCHAR2(25)       Extract Identification: PHARMACY
2    DW_SOURCE_SYSTEM      NUMBER(2)          Coventry Warehouse Source Designation
3    HMO_PTR               NUMBER(5)          Coventry Warehouse Source Designation
4    RX_CLM_ID             VARCHAR2(25)       Unique Pharmacy Claim ID

5    REVERSAL_FLAG             VARCHAR2(1)    Noted if reversed

6    RX_PAY_DT                 DATE           Paid date

7    RX_DOS                    DATE           Date of Service
8    PHARMACY_NUM              VARCHAR2(12)   NABP ID assigned to the Pharmacy.
9    PHARMACY_ZIP              VARCHAR2(10)   Pharmacy Zip Code
10   PRESCRIPTION_NUM          NUMBER(9)      Prescription Number – Not unique

11   DRUG_CODE                 VARCHAR2(12)   NDC - National Drug Code

12   DRUG_NAME                 VARCHAR2(30)   National Drug Name

13   DRUG_STATUS               VARCHAR2(1)    NDC Status. Rx (1), OTC (2) DME (3)
14   BRAND_GENERIC_CD          VARCHAR2(1)    Brand (1) / Generic (0) indicator

15   THERAPEUTIC_CD            VARCHAR2(6)    Therapeutic Classification of Drug
16   PHARM_NETW_CD             VARCHAR2(1)    In Pharmacy Network (1) Out of Pharmacy Network (0)
17   CONTRACT_NUM              NUMBER(9)      Coventry Employer Group Contract Identification Number
18   GRP_LOC_NUM               VARCHAR2(10)   Coventry Employer Group Enrollment Location
19   GRP_ID                    VARCHAR2(30)   Coventry Employer Group Number

20   AMOUNT_DUE                NUMBER(10,2)   Paid Amount
21   SUBMITTED_AMT             NUMBER(8,2)    Allowed Amount

22   COPAY_AMT                 NUMBER(8,2)    Member Copay Amount

23   DED_AMT                   NUMBER(8,2)    Member Applied Deductible
24   METRIC_UNITS              NUMBER(9)      Metric Units

25   MEM_PAT_ID                NUMBER(10)     Coventry Member Internal Identification

26   MEM_NM                    VARCHAR2(70)   Member Name
27   MEM_SSN                   VARCHAR2(15)   Member Social Security Number
28   MEM_BIRTH_DT              DATE           Member Date Of Birth

29   MEM_GENDER                VARCHAR2(1)    Member Gender

30   MEM_ZIP_CD                VARCHAR2(10)   Member Zip Code
31   VENDOR_CODE               VARCHAR2(25)   External Vendor Identification – Ex/ Caremark, ESI, Pharmacare
32   PRODUCT                   VARCHAR2(20)   Benefit Design (HMO/PPO/POS/Medicare)
33   FUNDING                   VARCHAR2(20)   Fully Insured / Self Funded
34   NAIC                      VARCHAR2(50)   If applicable


3. Mental Health Detail File

#    NAME                  TYPE               COMMENT - MENTAL_HEALTH_CHEMDEP
1    EXTRACT_CODE          VARCHAR2(25)       Extract Identification: MENTAL_HEALTH_CHEMDEP
                                                  31

                                                  192
#    NAME               TYPE            COMMENT - MENTAL_HEALTH_CHEMDEP
2    DW_SOURCE_SYSTEM   NUMBER(2)       Coventry Warehouse Source Designation
3    HMO_PTR            NUMBER(5)       Coventry Warehouse Source Designation
4    CLM_ID             VARCHAR2(25)    Claim Header Number
5    CLM_LINE           NUMBER(5)       Claim Line Number
6    CLAIM_STATUS       VARCHAR2(75)    Paid / Approved / Denied Status Identification

7    PAY_DT             DATE            Paid Date
8    SRV_FROM_DT        DATE            Date of Service From Date

9    SRV_TO_DT          DATE            Date of Service To Date

10   DX_CD              VARCHAR2(10)    Primary Discharge Diagnosis Code

11   DX_DESC            VARCHAR2(120)   Primary Discharge Diagnosis Description
12   CONTRACT_NUM       NUMBER(9)       Coventry Employer Group Contract Identification Number
13   GRP_LOC_NUM        VARCHAR2(10)    Coventry Employer Group Enrollment Location
14   GRP_ID             VARCHAR2(30)    Coventry Employer Group Number

15   PROCEDURE_CODE     VARCHAR2(10)    Industry Standard

16   SRV_LOC_NUM        VARCHAR2(5)     Place of Service – Table provided

17   UNITS              NUMBER(5)       Units of Service
18   APPROVED_AMT       NUMBER(11,2)    Paid Amount

19   BILL_AMT           NUMBER(11,2)    Billed Amount
20   COB_SAVINGS        NUMBER(11,2)    Coordination of Benefit Savings

21   COINS_AMT          NUMBER(11,2)    Member Coinsurance Amount

22   COPAY_AMT          NUMBER(11,2)    Member Copay Amount

23   DED_AMT            NUMBER(11,2)    Member Deductible Amount
24   REJ_AMT            NUMBER(11,2)    Rejected Amount
25   WTHD_AMT           NUMBER(11,2)    Withhold Amount

26   MEM_LIABILITY      NUMBER(11,2)    Member Copay_Amt + Coins_Amt + Ded_Amt
27   ALLOWED_AMT        NUMBER(11,2)    Approved_Amt + Mem_Liability + COB_Savings
28   MEM_PAT_ID         NUMBER(10)      Coventry Member Internal Identification

29   MEM_NM             VARCHAR2(70)    Member Name
30   MEM_SSN            VARCHAR2(15)    Member Social Security Number
31   MEM_BIRTH_DT       DATE            Member Date Of Birth

32   MEM_GENDER         VARCHAR2(1)     Member Gender

33   MEM_ZIP_CD         VARCHAR2(10)    Member Zip Code
34   PRV_ID             VARCHAR2(10)    Unique Provider Identification

35   PRV_NAME           VARCHAR2(120)   Provider Name
36   PRV_ZIP_CD         VARCHAR2(10)    Provider Zip Code

37   PRV_SPECIALTY      VARCHAR2(10)    Provider Specialty

38   PRV_PAR_STATUS     VARCHAR2(10)    Network Indicator of Vendor


                                            32

                                            193
#    NAME                TYPE             COMMENT - MENTAL_HEALTH_CHEMDEP
39   VENDOR_CODE         VARCHAR2(25)     External Vendor Identification – Ex/ APS, Value Options, UBH
40   PRODUCT             VARCHAR2(20)     Benefit Design (HMO/PPO/POS/Medicare)
41   FUNDING             VARCHAR2(20)     Fully Insured / Self Funded
42   NAIC                VARCHAR2(50)     If applicable


4. Pended Claim Detail File


#    FIELD NAME                    TYPE                     COMMENT
1    TEAM                          VARCHAR2 (50)            Coventry Claims Team

2    DEPARTMENT                    VARCHAR2 (50)            Coventry Responsible Department

3    CLAIM_ID                      VARCHAR2 (25)            Claim Number

4    REFERRAL_NUM                  VARCHAR2 (50)            Referral / Authorization number

5    MICROFILM_NUM                 VARCHAR2 (50)            Microfilm Number

6    GRP_LOC_NUM                   VARCHAR2 (50)            Coventry Employer Group Enrollment Location

7    MEMBER_NUM                    VARCHAR2 (50)            Member Number

8    MEMBER_NAME                   VARCHAR2 (50)            Member Name

9    MEMBER_ZIP                    VARCHAR2 (5)             Member Zip Code

10   MED_PRAC_MNE                  VARCHAR2 (50)            Medical Practice Mnemonic

11   MED_PRAC_NAME                 VARCHAR2 (50)            Medical Practice Name

12   VENDOR_TAXID                  VARCHAR2 (50)            Vendor Tax Identification Number

13   VENDOR_DIVISION               VARCHAR2 (50)            Vendor Division

14   VENDOR_NAME                   VARCHAR2 (50)            Vendor Name

15   VENDOR_ZIP                    VARCHAR2 (5)             Vendor Zip Code

16   VENDOR_PAR_STATUS             VARCHAR2 (50)            Vendor Par Status

17   MASTER_VENDOR                 VARCHAR2 (50)            Master Vendor Name

18   GROUP_ID                      VARCHAR2 (30)            Coventry Employer Group Number

19   DATE_RECEIVED                 DATE                     Date Claim Received

20   DATE_ENTERED                  DATE                     Date Claim Entered

21   DATE_SERVICED                 DATE                     Date of Service

22   LASTSTATUSCHANGE              DATE                     Last Status Change Date


                                              33

                                              194
#    FIELD NAME           TYPE            COMMENT
23   BILLED_AMT           NUMBER(11,2)    Billed Amount

24   APPROVED_AMT         NUMBER(11,2)    Approved Amount – Includes Withholds

25   STATISTICAL_FLAG     VARCHAR2 (50)   Statistical Flag (Y=Capitated, N=Fee for Service)

26   PEND_CODE            VARCHAR2 (50)   Pend Code

27   CLAIM_STATUS         VARCHAR2 (50)   Pend Code Description

28   OPERATOR             VARCHAR (50)    Claims Operator

29   PLAN_TYPE_A          VARCHAR2 (50)   Line of Business – Table Provided

30   PLAN_TYPE_B          VARCHAR2 (50)   Product Identification – Table Provided

31   PLAN_TYPE_C          VARCHAR2 (50)   Funding Identification – Table Provided

32   PLACE_OF_SERVICE     VARCHAR2 (50)   Place of Service – Table Provided

33   CLAIM_BILLING_AREA   VARCHAR2 (50)   Billing Area – Table Provided

34   DIAGNOSIS_CODE       VARCHAR2 (50)   Primary Discharge Diagnosis Code

35   PROCEDURE_CODE       VARCHAR2 (50)   Industry Standard CPT, Revenue, HCPC Codes

36   REPLACEMENT_FLAG     VARCHAR2 (50)   Replacement Claim Indicator




                                 34

                                 195
EXHIBIT D

Performance Guarantees


Renewal Contract: 01/01/2007

A.      Performance Guarantees

     1. Coventry shall pay $2,000 performance guarantee for failure to meet satisfaction with account
        management based on a mutually agreed upon evaluation tool. This element shall be measured
        and paid out at the end of calendar year 2007.

     2. Coventry is offering its standard performance guarantees with a maximum of $10,000 at risk for
        all of the following bulleted measures combined. Standards will be measured and reported
        quarterly and any penalties paid out annually.

        •   Average speed of answer shall be 30 seconds or less
            Penalty: $2,000

        •   Call abandonment rate shall be 3% or less
            Penalty: $2,000

        •   Claim turnaround time shall be 90% in 15 days and 98% in 30 days
            Penalty: $1000

        •   Claim financial accuracy shall be 98% or higher
            Penalty: $2,500

        •   Claim payment accuracy shall be 97% or higher
            Penalty: $2,500

     3. Coventry will continue to have an office in the City of Wichita and a financial guarantee of $2,000
     is at risk if the Wichita office closes in 2007. Measure shall be reported and paid out at the end of
     calendar year 2007.


Group Representative Signature________________________________

Date______________



Company: City of Wichita Kansas



Coventry Group Administration Representative Signature _________________________

Date ______________

                                                    35

                                                    196
                                                                                Agenda Item No 10

                                                 City of Wichita
                                              City Council Meeting
                                               September 25, 2007




TO:                   Mayor and City Council

SUBJECT:              2007/2008 Insurance Program

INITIATED BY:         Department of Finance

AGENDA:           Consent
__________________________________________________________________________________

Recommendation: Approve the 2007/2008 insurance programs.

Background: The City uses a Health Insurance Advisory Committee (HIAC) to monitor health insurance
programs for employees, and recommends new/renewal programs or changes in health and non-medical
insurance coverage and cost, as required. The Committee includes representatives from the Fraternal Order of
Police, International Association of Firefighters, Service Employees International, Teamsters unions, as well as
the (non-union) Employees Council and Management staff.

The Health Insurance Advisory Committee directed staff to review and make recommendations for the City of
Wichita’s 2008 health, wellness, dental, vision, life, accidental death and dismemberment (AD&D) and long
term disability insurance plans. The City used the approved independent Health and Benefits Consultant, Hilb
Rogal & Hobbs (HRH) to assist in the review process of the 2007/2008 insurance plans. While there is
considerable information in the agenda item, only two employee benefit programs will have increased
premium costs for 2008: medical and dental.

The City of Wichita offers employees the following benefit programs:

         PLAN                      VENDOR                        FUNDING                    COST SHARE
                             Coventry Health Care of
Medical                              Kansas                  Self-Insured 1/1/07       80% City/20% Employee
Vision                        Vision Services Plan              Fully-insured          80% City/20% Employee
Wellness                     Wellness Coaches USA                     -                80% City/20% Employee
Basic Life                       Minnesota Life                 Fully-insured          66% City/33% Employee
Basic AD&D                       Minnesota Life                 Fully-insured          66% City/33% Employee
Dependent Life                  Minnesota Life                  Fully-insured          66% City/33% Employee
Supplemental Life               Minnesota Life                  Fully-insured             100% Employee
Voluntary AD&D                  Minnesota Life                  Fully-insured             100% Employee
Dental                       Delta Dental of Kansas             Fully-insured             100% Employee
Voluntary Long Term
Disability                            CIGNA                     Fully-insured              100% Employee


Analysis: The renewal status for each program and the recommendation of the Health Insurance Advisory
Committee are as follows:
Page Two

                                                       197
MEDICAL PLAN
1/1/07                           Execute 2007 Self-Insurance Legal Agreements

To consummate the 2007 Self-Insurance program, the City will need to execute a number of legal agreements
with Coventry Health Care, Inc. These include the following:

Stop-Loss Insurance Policy
This insurance policy is designed to limit the City’s risk with high cost claimants. The insurance policy
generally has a $400,000 deductible with a maximum limit of $1,600,000 per covered person.

Administrative Services Agreement
This agreement permits the City to purchase health care administrative services including claims administration,
quality improvement, utilization review, provider network access and client appeal services. A basic concept of
the agreement is that claims decisions under the plan will be made by Coventry, on an independent basis, to
mitigate any potential conflict the City would have as the entity funding the benefits, and to prevent the City
from having to review health information submitted by employees or their dependents in support of claims.

Under several provisions of the Administrative Services Agreement, the City would bear the risk of certain
losses from overpayment errors made by Coventry. These could occur in the form of payments by Coventry of
large claims later challenged by the Stop-Loss insurer, or in the form of payments in excess of amounts proper
under network provider agreements, or amounts overpaid by simple error. In cases of overpayment, Coventry
would reasonably attempt to recover the overpayments, but would not be liable to repay the City if recovery
efforts prove unsuccessful. However, Coventry has contract provisions in its Network Provider contracts that
state that the “Health Plan and Payors may recover payment or retain portions of future payments in the event
the Health Plan or Payor determines that an individual was not an eligible Member at the time of services, or in
the event of duplicate payment, overpayment, payment for non-covered services, error in payment uncovered as
a result of a coordination of benefits or fraud.” Coventry has contractual provisions to collect overpayments,
duplicate payments, payment for non-covered services, ineligible Members and simple errors in its Network
Provider contracts. Hilb, Rogal & Hobbs, the City’s benefit consultant, has indicated that this is a typical and
common approach in these types of administrative service agreements. HRH stated that the way the market
adjusts for excessive overpayments is that Administrative Service Providers with a bad record of such
overpayments lose ground to competitors, as Plan Sponsors (such as the City) replace them with Administrative
Services Providers (ASPs) that have better track records. The City does not normally agree to bear losses
caused by vendor errors, without recourse to the vendor, but based on the information provided by HRH, Staff
left this feature in the agreement.

Summary Plan Description Including the Group Health Benefit Plan Summary and the Benefit Eligibility Policy
Handbook
The Summary Plan Description is a detailed description of the City of Wichita’s Group Health Benefit Plan. It
defines what services are covered and the deductibles and copays that apply to each specific service. Every City
employee who enrolls in the Group Health Plan receives a copy of these documents.

Recommendation
Approve the 2007 Self-Insurance legal documents.




Page Three

MEDICAL PLAN

                                                       198
1/1/08 Renewal Status:           Administrative fee renewal increase is capped at 4%
                                 Stop Loss premium will renew 1/1/08

Effective January 1, 2007, the City changed the funding of the Coventry medical program from fully-insured to
self-insured. As a result, the City is responsible for funding the actual cost of medical and prescription drug
claims, there is no longer a “premium rate” to be negotiated with the health plan; HRH’s actuaries will assist the
City in determining the appropriate premium equivalent rates. Using the latest data available, the 2008 premium
rates will be presented to the City Council on October 2, 2007.

The City pays Coventry an administrative fee for claims adjudication and other related services, and pays stop
loss premium to limit the City’s risk for high cost claimants. Coventry has guaranteed that the administrative
fee will increase by no more than 4% per annum for 2008 and 2009. The mental health capitation fee is a pass-
through cost and not subject to the guarantee. In addition, the nurse line, claim appeal and banking account fee
components are not subject to the guarantee. Coventry has confirmed that there will be no increase to these
components for 2008. The stop loss insurance premium is subject to annual renewal.

Recommendation
The Health Insurance Advisory Committee recommends renewing with Coventry Health Care to provide
medical services for 2008 and provide an additional, optional, lower cost, medical plan to offer alongside the
existing PPO medical plan effective 1/1/08. Coventry has approved the proposed “low option” PPO plan. No
employee would be forced to take the “low option” plan. Employee participation in the “low option” medical
plan would strictly be voluntary and it would have a flexible cost share. In addition, the Health Insurance
Advisory Committee recommends the City implement “Step Therapy” for new prescription drugs effective
1/1/08. Step Therapy is a tool used to manage the start of drug therapy for a medical condition. Generally, this
means starting with safest and most cost-effective medications first before moving to more expensive
medications.

Step Therapy would only apply to new prescriptions issued after 1/1/08 on a prospective basis and would not
affect any existing prescriptions currently used by City employees. The Health Insurance Advisory Committee
also recommends that the City exercise its option to renew Coventry’s administrative services and stop loss
arrangement (upon receipt, HRH will evaluate and, if appropriate, negotiate the stop loss proposed renewal
premium). The chart below illustrates the financial impact of a renewal of Coventry’s administrative services
for the 2008 plan year; HRH has assumed a 15% trend increase to the stop loss premium (this is estimated, not
guaranteed).

    Medical Plan                                         2007             2008            $           %
    (Self-Insured Administrative                         Fees             Fees         Change       Change
    Costs)
    Administrative Fees (PEPM)
      Administration                                         $22.66         $23.57        $0.91           4%
      Mental Health Capitation (PMPM)                         $1.16          $1.16        $0.00           0%
      Nurse Line                                              $0.60          $0.60        $0.00           0%
      Claim Appeals Administration                            $0.63          $0.63        $0.00           0%
      Coventry-owned Banking Account                          $0.55          $0.55        $0.00           0%

    Stop Loss (PEPM)                                         $9.92          $11.41        $1.49          15%
    (Estimated 15% increase – not
    guaranteed)
    Total Annual Estimated
    Administrative Fees*               $1,362,000   $1,450,000 $88,000      6.5%
       *Based on April 2007 enrollment of 3,052 subscribers and 7,460 members
Page Four

Dental Program

1/1/08 Renewal Status:           Renewal increase is capped at 5% for Preferred Plan

                                                       199
                                And 6% for Traditional Plan

The City offers a fully insured, 100% employee paid, dental program through Delta Dental of Kansas (DDKS).
City employees are offered a choice of two dental plans: Preferred Plan and the Traditional Plan. As part of the
2005 dental plan competitive procurement, DDKS committed to a two-year rate guarantee and a third year
renewal cap. HRH has reviewed the current dental claims experience for the Preferred and Traditional plans and,
using standard underwriting methodology, calculated City renewal projections for the current fully-insured
dental program, with no plan changes.

Based on HRH’s renewal projections, the indicated increases for January 1, 2008 are:
       Preferred plan stand-alone (approx 860 enrolled), 27% increase
       Traditional plan stand-alone (approx 1520 enrolled), 6% increase
       Combined increase, 11% or approx $140,000 in additional gross premium

Recommendation
At the current enrollment levels, the negotiated Delta Dental of Kansas renewal caps for 2008 result in a
combined renewal increase slightly above 5%, or approximately $65,000 in additional gross premium. At this
time, the 2008 negotiated renewal caps with Delta Dental of Kansas result in a renewal that is below current
national dental trend and lower than the plan experience warrants. The Health Insurance Advisory Committee
recommends the City exercise the third year renewal option (with premium caps) with Delta Dental of Kansas.
The chart below illustrates the impact of the negotiated renewal caps on the 2008 monthly dental premium rates:




             Dental Plan             2007           2008          %        Monthly      Per Pay
             (No plan              Premium        (Capped)      Change        $          Period
             changes)               Rates         Premium                  Increase        $
                                                    Rates                               Increase
             Traditional
             Plan
              Single                   $24.66         $25.89         5%        $1.23        $0.62
              2 Person                 $46.78         $49.12         5%        $2.34        $1.17
              Family                   $78.16         $82.07         5%        $3.91        $1.95

             Preferred Plan
              Single                   $15.46         $16.39         6%        $0.93        $0.46
              2 Person                 $29.42         $31.18         6%        $1.76        $0.88
              Family                   $51.20         $54.27         6%        $3.07        $1.54




Page Five

Vision Program

1/1/08 Renewal Status:          Third year of a three-year rate guarantee




                                                      200
The City offers a fully insured vision program through Vision Service Plan (VSP). Vision coverage is offered in
conjunction with the medical plan, and the cost is shared between the City and employees. As part of the 2005
vision competitive procurement, VSP committed to a three-year rate guarantee.

Recommendation
The Health Insurance Advisory Committee recommends that the City exercise the third year renewal option with
VSP. Premiums will remain the same: Single-$9.90 per month and Family-$26.61 per month.

Wellness Program

1/1/08 Renewal Status:          Second year of a two-year rate guarantee

The City offers a one-on-one Wellness program for all City employees as a component of the health insurance
plan. Although the Wellness program has only been in operation approximately four months they have:
provided 100 presentations; conducted formal Health Risk Assessments for 1,729 employees; conducted 1,421
Biometric Screenings (Blood Pressure, Body Composition, Hydration etc.); conducted 6,532 health and
wellness educational interactions with City employees; conducted 2,365 coaching interactions with employees
regarding wellness and musculoskeletal disorder issues and participated in City of Wichita events such as “Walk
at Work Day”.

Recommendation
The Health Insurance Advisory Committee reviewed the performance of the Wellness program and felt the
Wellness program is a good program. It is recommended that the City exercise the second year renewal option
with Wellness Coaches USA. The cost will remain the same for 2008 at $226,800, or less than 1% of 2006
actual medical costs.

Basic and Optional Life and AD&D Program

1/1/08 Renewal Status:          Third year of a three-year rate guarantee

The City offers a fully insured, life and AD&D program through Minnesota Life. The City shares the cost of
basic life, basic AD&D and dependent life with employees. The City employees can purchase additional
optional life and additional, optional AD&D coverage for themselves and/or their dependents, at 100% of the
cost. As part of the 2005 life and AD&D competitive procurement, Minnesota Life committed to a three-year
rate guarantee.

Recommendation
The Health Insurance Advisory Committee recommends that the City exercise the third year renewal option with
Minnesota Life. Monthly premiums will remain the same for Basic Life, Basic AD&D, Dependent Life,
Supplemental Life and Voluntary AD&D.




Page Six

Voluntary Long Term Disability (LTD) Program

1/1/08 Renewal Status:          Voluntary LTD will renew 1/1/08




                                                     201
The City offers a fully insured, 100% employee paid, Voluntary LTD program through CIGNA. The two-year
rate guarantee negotiated as part of the 2005 Voluntary LTD competitive procurement will expire 1/1/08.
CIGNA has confirmed that there will be no change to the current rates for 1/1/08, and that the current fee
structure will be held for two years, through 12/31/09.

Recommendation
The Health Insurance Advisory Committee recommends that the City renew the current CIGNA Voluntary LTD
program. Premiums will remain the same.

Financial Considerations: The dental program, supplemental life insurance, voluntary AD&D and the long-
term disability plans are employee-pay-all programs. The current medical plan, wellness, and vision premium
costs are 80% City-paid and 20% employee-paid. Basic life, dependent life and basic AD&D life insurance
premium costs are paid: 1/3 City; 1/3 employee; and, 1/3 Life Insurance Fund.

City Council approval of the recommended plan, maintaining current premium splits, would result in a projected
modest cost increase for the medical and dental plans in 2008 with no reduction in benefits. Final 2008 medical
premium equivalent rates will be presented to the City Council on October 2, 2007 when more 2007 Self-
Insurance medical utilization data is available.

Goal Impact: The employee insurance program is a part of the Internal Perspective goal. The Self-Insured
health and prescription drug program, wellness program and the fully-insured benefit programs are also a part of
the City’s strategic plan to combine employee wellness programs, self-insured health and Rx plans and fully-
insured benefit plans to minimize future insurance premium increases for the employee and the City and
improve the long-term health of City employees.

Legal Considerations: The Department of Law will review and approve all contracts as to form.

Recommendation/Action: It is recommended that the City Council accept the recommendations of the Health
Insurance Advisory Committee and:

(1) approve Delta Dental, VSP, Wellness Coaches USA, Minnesota Life and CIGNA as the providers for
    wellness, dental, vision, basic life, basic AD&D, dependent life, supplemental life, voluntary AD&D and
    long term disability for 2008;
(2) approve the use of Step Therapy for new prescriptions starting in 2008;
(3) approve adding a voluntary “low option” medical plan in 2008 with flexible cost sharing;
(4) approve the rate guarantees for each vendor as recommended and authorize renewal at the guaranteed rates
    for 2008, as applicable;
(5) approve the 2007 Self Insurance Stop-Loss Insurance Policy, the Administrative Services Agreement,
    Summary Plan Description including the Group Health Plan Summary and the Benefit Eligibility Policy
    Handbook and approve Coventry Health Care as the medical provider for 2008;
(6) authorize and approve necessary budget transfers; and,
(7) authorize the required signatures.




                                                      202
203
                                                                               Agenda Item No 11



                                               City of Wichita
                                            City Council Meeting
                                             September 25, 2007




TO:                       Mayor and City Council Members

SUBJECT:                  City Hall Parking Garage Repairs (District VI)

INITIATED BY:             Department of Public Works

AGENDA:                   Consent

-----------------------------------------------------------------
Recommendation: Adopt the Resolution.

Background: In April 2005, Walker Parking Consultants completed a condition appraisal of the City
Hall Garage. The report identified deteriorated control joint sealants; surface spalling of the supported
concrete topping slab; delaminated concrete in the supported slab and ramp; moisture infiltration of the
spandrel brick façade; bearing pad issues in select locations; corrosion of the metal pan stairs and railings
at the west stair tower; cracked brick façade at the northwest corner on the upper level; fading and
corrosion of metal railing on the top of the spandrel beams; faded floor markings; deterioration of the
traffic topping on the ramp; deteriorated floor tile and concrete spalling in the east elevator/stair tower and
obstructed floor drains.

On March 21, 2006, Council approved a construction contract with Western Waterproofing Co., Inc. in
the amount of $452,115 to make the repairs that were identified in the Walker Report.

Analysis: During the time Western Waterproofing Co., Inc. was performing the repairs additional items
were identified as needing attention. The $50,000 identified in the 2007 – 2016 CIP is to repair the
control joint at the 1st floor ramp, repair the liners in the planter beds and to install electronic bird control
at the west end of third floor.

Financial Considerations: The project is authorized in the 2007 – 2016 Capital Improvement Program
(CIP) PB-350502 (Project No. 435392, OCA No. 792427) at $50,000 in 2007.

Goal Impact: This project addresses the Efficient Infrastructure goal by providing required maintenance
and repair of a capital asset.

Legal Considerations: The Law Department has approved the Amended Resolution as to form.

Recommendations/Actions: It is recommended that the City Council adopt the Amended Resolution
and authorize the necessary signatures.

Attachments: Resolution




                                                       204
                First Published in the Wichita Eagle on ________________
                         RESOLUTION NO. _________________
      A RESOLUTION AMENDING RESOLUTION NO. R-04-617 OF THE CITY OF WICHITA, KANSAS
      (AS PREVIOUSLY AMENDED BY RESOLUTION NO. R-05-524 OF THE CITY OF WICHITA,
      KANSAS) TO PAY ALL OR A PORTION OF THE COSTS OF REPAIRING THE CITY HALL
      PARKING GARAGE LOCATED AT 455 NORTH MAIN STREET IN WICHITA, SEDGWICK
      COUNTY, KANSAS AND AUTHORIZING THE ISSUANCE OF BONDS BY THE CITY OF
      WICHITA AT LARGE, AND REPEALING RESOLUTION R-05-524.

    BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA,
KANSAS;

       SECTION 1: That Section 2 of Resolution No. R-04-617 of the City of Wichita, Kansas,
as previously amended by Resolution No. R-05-524 of the City of Wichita, Kansas is hereby
amended to read as follows:

              Section 2: The governing body hereby declares it to be its intention to issue and
      sell, in the manner provided by law, general obligation bonds under the authority of
      K.S.A. 13-1024c, as amended by City of Wichita Charter Ordinance No. 156, to pay all
      or a portion of the cost of repairing the City Hall Parking Garage at 455 North Main
      Street. The costs of such repair shall be paid by the issuance of general obligation bonds
      as aforesaid in an amount not to exceed $550,000, exclusive of the cost of interest on
      borrowed money.

      SECTION 2: That the prior version of Section 2 of Resolution No. R-04-617, as
amended by Resolution No. R-05-524 is hereby rescinded and replaced by the foregoing
amended section, and Resolution No. R-05-524 is hereby repealed.

       SECTION 3: That this resolution shall take effect and be in force from and after its
passage and publication once in the official city paper.

      ADOPTED At Wichita, Kansas, this ______ day of ___________, 2007.



                                                   ___________________________________
                                                      CARL BREWER, MAYOR
ATTEST:



____________________________________
 KAREN SUBLETT, CITY CLERK

(SEAL)



                                             205
APPROVED AS TO FORM:



______________________________________
 GARY REBENSTORF, DIRECTOR OF LAW




                                     206
207
                                                                          Agenda Item No 12



                                             City of Wichita
                                          City Council Meeting
                                           September 25, 2007




TO:                     Mayor and City Council Members

SUBJECT:                City Hall 1st Floor Remodel (District VI)

INITIATED BY:           Department of Public Works

AGENDA:                 Consent

-----------------------------------------------------------------
Recommendation: Adopt the Resolution.

Background: In 1998, the City undertook a multi-year plan to renovate City Hall. The first phase of
this project was the remodeling of the Council Chambers.

On August 1, 2000, the City Council approved a contract with Schaefer Johnson Cox Frey & Associates
(SJCF) to provide a conceptual design to update the first floor of City Hall and the exterior plaza around
the building.

Council at their September 16, 2003 meeting approved a contract amendment with SJCF to include
security enhancements to the City Hall campus including landscaping features and security for the vehicle
tunnel.

On September 21, 2004, the City Council approved a contract amendment with SJCF to design security
enhancements to the City Hall campus to include modifications to the surface parking lots, garage and a
redesign of the atrium.

On May 25, 2005, the City Council approved a contract amendment with SJCF to design the replacement
and relocation of the existing emergency generator equipment at City Hall.

Analysis: Projects completed to date include the Council Chamber remodel, relocation of the City
Express, addition of a new security office, atrium expansion with security and new Council offices. To be
completed by the end of the year will be a new Board Room with electronics to do live broadcasts of
Council Workshops and upgrades to the Council Chamber electronics to include electronic voting. This
fall the project to relocate the existing emergency generator and bollards at the tunnel will be bid. The
final phase of the planned improvements will be bid next spring which will relocate the cooling towers,
redesign the surface parking and garage and install landscape security for the campus.

The 2007 – 2016 CIP include $556,000 in 2007, which are the remaining funds needed to complete the
planned improvements and security enhancements.

Financial Considerations: The project is authorized in the 2007 – 2016 Capital Improvement Program
(CIP) (Project No. 435407, OCA No. 792459) at $556,000 in 2007.

Goal Impact: This project addresses the Efficient Infrastructure goal by providing improvements to
public facilities.


                                                    208
Legal Considerations: The Law Department has approved the Amended Resolution as to form.

Recommendations/Actions: It is recommended that the City Council adopt the Amended Resolution
and authorize the necessary signatures.

Attachments: CIP Sheet and Resolution




                                              209
                            First Published in the Wichita Eagle on ________________

                                    RESOLUTION NO. _________________

       A RESOLUTION AMENDING RESOLUTION NO. R-05-405 OF THE CITY OF
       WICHITA, KANSAS DETERMINING THE ADVISABILITY OF MAKING CERTAIN
       PUBLIC IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; SETTING
       FORTH THE GENERAL NATURE AND THE ESTIMATED COST OF SUCH
       IMPROVEMENTS; AND AUTHORIZING THE ISSUANCE OF BONDS OF THE
       CITY OF WICHITA, KANSAS TO PAY ALL OR A PORTION OF THE COST
       THEREOF.

    BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA,
KANSAS;

       SECTION 1: Section 1 of Resolution No. R-05-405 of the City of Wichita, Kansas is
hereby amended to read as follows:

               Section 1: That the City of Wichita finds it necessary to design and construct certain
      improvements to City Hall and City Hall parking areas and facilities, including atrium improvements and
      enlargement, relocation of the Express Office, Mayor and Council Offices, First Floor Board Room, stand-
      by generators and cooling towers, construction of security improvements and enhancements, modification
      of the parking garage, surface lots and approaches, and area landscaping, and upgrades to audio and video
      systems.

        SECTION 2: That Section 2 of Resolution No. R-05-405 of the City of Wichita, Kansas
is hereby amended to read as follows:

               Section 2: That the cost of said public improvements shall be paid by the
       issuance and sale of general obligation bonds by the City of Wichita at large, in the
       manner provided by law and under the authority of City of Wichita Charter Ordinance
       No. 156. The total cost is estimated not to exceed $2,506,000, exclusive of the cost of
       interest on borrowed money.

        SECTION 3: That the prior versions of Sections 1 and 2 of Resolution No. R-05-405
are hereby rescinded and replaced by the foregoing amended sections.

       SECTION 4: That this resolution shall take effect and be in force from and after its
passage and publication once in the official city paper.




                                                      210
      ADOPTED At Wichita, Kansas, this ______ day of ___________, 2007.



                                               ___________________________________
                                                  CARL BREWER, MAYOR
ATTEST:



____________________________________
 KAREN SUBLETT, CITY CLERK

(SEAL)


APPROVED AS TO FORM:



______________________________________
 GARY REBENSTORF, DIRECTOR OF LAW




                                         211
                            First Published in the Wichita Eagle on ________________

                                    RESOLUTION NO. _________________

       A RESOLUTION AMENDING RESOLUTION NO. R-05-405 OF THE CITY OF
       WICHITA, KANSAS DETERMINING THE ADVISABILITY OF MAKING CERTAIN
       PUBLIC IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; SETTING
       FORTH THE GENERAL NATURE AND THE ESTIMATED COST OF SUCH
       IMPROVEMENTS; AND AUTHORIZING THE ISSUANCE OF BONDS OF THE
       CITY OF WICHITA, KANSAS TO PAY ALL OR A PORTION OF THE COST
       THEREOF.

    BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA,
KANSAS;

       SECTION 1: Section 1 of Resolution No. R-05-405 of the City of Wichita, Kansas is
hereby amended to read as follows:
               Section 1: That the City of Wichita finds it necessary to design and construct certain
      improvements to City Hall and City Hall parking areas and facilities, including atrium improvements and
      enlargement, relocation of the Express Office, Mayor and Council Offices, First Floor Board Room, stand-
      by generators and cooling towers, construction of security improvements and enhancements, modification
      of the parking garage, surface lots and approaches, and area landscaping, and upgrades to audio and video
      systems.

        SECTION 2: That Section 2 of Resolution No. R-05-405 of the City of Wichita, Kansas
is hereby amended to read as follows:

               Section 2: That the cost of said public improvements shall be paid by the
       issuance and sale of general obligation bonds by the City of Wichita at large, in the
       manner provided by law and under the authority of City of Wichita Charter Ordinance
       No. 156. The total cost is estimated not to exceed $2,506,000, exclusive of the cost of
       interest on borrowed money.

        SECTION 3: That the prior versions of Sections 1 and 2 of Resolution No. R-05-405
are hereby rescinded and replaced by the foregoing amended sections.

       SECTION 4: That this resolution shall take effect and be in force from and after its
passage and publication once in the official city paper.




                                                      212
      ADOPTED At Wichita, Kansas, this ______ day of ___________, 2007.



                                               ___________________________________
                                                  CARL BREWER, MAYOR
ATTEST:



____________________________________
 KAREN SUBLETT, CITY CLERK

(SEAL)


APPROVED AS TO FORM:



______________________________________
 GARY REBENSTORF, DIRECTOR OF LAW




                                         213
                                 Memorandum of Agreement
        For delivery of library service from the Colvin School Library
                                          Revised August 2007


This Memorandum of Agreement provides guidelines for operation of the Colvin Elementary School
library, open to the community by the Wichita Public Schools in partnership with the City of Wichita
through the Wichita Public Library and to be known as the Planeview Community Library.


HOURS OF OPERATION. The hours of operation of the Planeview Community Library will be 10:00
a.m. to 5:00 p.m., Monday through Friday, with the exception of the following school holidays: Dr.
Martin Luther King Day, Spring Recess, Memorial Day, Independence Day, Labor Day, Veteran’s Day,
Fall Recess and Winter Recess. The Library will also be closed on the following in-service days:
September 4, 2007; September 28, 2007; October 15, 2007; January 2, 2008; February 15, 2008 and April
24, 2008. Additional closings may be authorized by the Colvin school principal with at least one week’s
notice given to the Public Library to allow for sufficient notification to the community.


OPERATIONAL EXPENSES. Wichita Public Schools will be responsible for the following operational
expenses of the Planeview Community Library: staffing, utilities including telecommunications expenses
and support, maintenance and support of the integrated library automation system, custodial services,
operation and maintenance of plant facilities, liability and hazard insurance. Wichita Public Schools also
will be responsible for the purchase and maintenance of a library materials collection sufficient to meet
the educational and curriculum needs of the Colvin students and staff.


The City of Wichita on behalf of the Wichita Public Library will be responsible for the purchase and
maintenance of a collection of adult, young adult and children’s materials to allow for expanded service
to the Planeview community and will provide print materials to support summer reading programs.


PROMOTION. Wichita Public Schools will maintain a direct telephone line (973-7609) which will be
the published public number for the Planeview Community Library. The Wichita Public Library will
include the Planeview Community Library in all listings of its library facilities. Colvin Elementary School
will regularly distribute information about the Planeview Community Library and its services to students,
parents and other members of the Colvin/Planeview community.               All media releases concerning




                                              Page 1
                                                    214
programs, services or activities of the Planeview Community Library will be jointly prepared and
distributed by Wichita Public Schools and the City of Wichita.


COLLECTION DEVELOPMENT. Selection and acquisition of new materials for the Planeview
Community Library collection will be accomplished through a joint collaboration of staff led by the
Wichita Public Schools’ Supervisor of Library Media Operations and the Public Library’s Collection
Development Coordinator. The collection development team will meet as needed to prepare and/or revise
the community library materials budget, the collaborative collection development plan and priorities for
purchasing for the upcoming year. The materials budget will include fund-raising goals to supplement
funding provided by the Wichita Public Schools and the City of Wichita.


An Advisory Committee led by the Wichita Public Schools’ Supervisor of Library Media Operations will
meet in February of each year to provide recommendations for collection changes. Committee members
will include school district and City staff along with a culturally diverse group of community
representatives. In addition to the Supervisor of Library Media Operations, school district representatives
on the committee will include the Colvin Elementary School Principal and Librarian and the Jardine
Middle School Librarian. City staff serving on the committee will include the Director of Libraries, the
Wichita Public Library’s Coordinator of Collection Development, and the District 3 Neighborhood
Assistant or his/her designee. Community representatives on the committee will include a member of the
Colvin Site Council to be appointed by the School Principal, the Library Board President or his/her
designee, and the President of the Planeview Neighborhood Association or his/her designee.


The Wichita Public Library will be responsible for providing materials collections for young adults and
adults, and will supplement materials collections for children. The collection size and scope of materials
assigned to the Planeview Community Library will be determined by available space, feedback from the
Advisory Committee and use statistics. Final decisions about city-owned materials assigned to the
Planeview Community Library will fall within the requirements of the Wichita Public Library Collection
Development Policy and will be the responsibility of the Wichita Public Library Coordinator of
Collection Development. Attachment A to this agreement outlines the collection development plan for the
city-owned materials.


All new Wichita Public Library acquisitions to be added to the Planeview Community Library collection
will be sent through the Wichita Public Schools Library Media Services Department for addition to SIRSI
prior to being made available to Planeview customers.



                                             Page 2
                                                   215
The Wichita Public Schools will be responsible for providing materials collections for elementary school
students and staff. The collection size and scope of materials will be determined by available space,
feedback from the Advisory Committee and use statistics. Final decisions about school-owned materials
assigned to the Planeview Community Library will fall within the requirements of the Wichita Public
Schools’ Policies and will be the responsibility of the Colvin School Librarian. Attachment B to this
agreement outlines the collection development plan for school-owned materials.


ACQUISITIONS BUDGETS. The Wichita Public Schools’ Colvin Elementary School and the City of
Wichita on behalf of the Wichita Public Library will provide base budgets for the purpose of purchasing
and maintaining the Planeview Community Library materials collection. Base budgets will be
supplemented through fund-raising and the submission of grants.


Using the mutually agreed upon collection development plan as its guide, the Wichita Public Schools will
be solely responsible for the purchase of materials made through the Colvin Elementary library materials
budget and community donations to the school’s library gift fund.


Using the mutually agreed upon collection development plan as its guide, the City of Wichita through the
Wichita Public Library will be solely responsible for the purchase of materials made through the
Library’s Planeview materials budget and community donations made to the public library for use at
Planeview.


As appropriate, the Planeview Community Library collection development team will work with Wichita
Public Schools and Wichita Public Library Foundation grant-writing staff to identify and solicit private
sector funding for enhancement of the Planeview Library materials collection. Each grant will include a
specific collection program, a time frame for purchases, and a designation about the entity responsible for
grant administration. To ensure coordination of effort, neither the Wichita Public Schools corporately or
on behalf of Colvin Elementary School nor the City of Wichita corporately or on behalf of the Wichita
Public Library will solicit grant funding or donations for the Planeview Community Library without
notifying the members of the collection development team and the grant-writing offices of the respective
entities.


COLLECTION MANAGEMENT. Wichita Public Schools will be responsible for the following tasks:
•   Use of the SIRSI system for circulation and inventory control



                                             Page 3
                                                   216
•   The addition of all Planeview Community Library materials, including those owned by the City of
    Wichita, to the SIRSI system
•   Delivery of new city-owned Planeview Community Library materials from Library Media Services to
    Colvin Elementary School
•   Customer access to the SIRSI catalog
•   Inventory control, mending and discarding of library materials owned by the school district
•   An arrangement of furniture, equipment and shelving within the Planeview Community Library space
    that ensures ADA compliance and ease of customer access to materials during all hours of library
    operation
•   Generation of Planeview Community Library use statistics to be submitted to the Wichita Public
    Library’s Coordinator of Support Services from the SIRSI system on no less than a monthly basis


The Wichita Public Library will be responsible for the following tasks:
•   Maintenance of a patron account for the Planeview Community Library
•   The addition of all city-owned items assigned to the Planeview Community Library to the library
    automation system
•   Delivery of new city-owned Planeview Community Library materials from the Wichita Public
    Library Central Branch to the Wichita Public Schools Library Media Services Department where they
    will be processed and added into the Colvin SIRSI inventory
•   Maintenance of a web-based public access catalog for information about Wichita Public Library
    holdings
•   Inventory control, mending and discarding of all library materials owned by the City of Wichita
•   Inclusion of the Planeview Community Library on the delivery route of the branch library courier
•   Coordination with City IT/IS staff to provide an ADA compliant computer workstation within the
    Colvin Neighborhood City Hall


FEES AND FINES. Colvin school staff will be responsible for establishing the schedule of fees and fines
for Planeview Community Library services. Colvin students will not be charged fines for overdue
materials borrowed from the Library. Fees will be charged for overdue, lost and damaged materials
loaned from the Planeview Community Library to community customers. Fees for lost and damaged
materials owned by the Wichita Public Library will become revenue of the City of Wichita. Fees for lost
and damaged materials owned by the Wichita Public Schools will be placed in the Colvin Library Gift
Fund and will be used to purchase new or replacement library resources.



                                             Page 4
                                                   217
OPERATIONAL POLICIES AND PROCEDURES. Policies and procedures for use of the Planeview
Community Library will be developed and implemented by Colvin school staff. As requested, Public
Library staff will share information about their operational policies and will assist with training school
staff in the implementation of these policies and procedures as appropriate.


All circulation activities of the Planeview Community Library will be transacted through the Wichita
Public Schools’ SIRSI system. Wichita Public Library borrower’s accounts will not be used in this
location. Wichita Public Library customers may establish supplemental borrowing privileges for the
Planeview Community Library. Outstanding issues with Wichita Public Library customer accounts will
prevent the creation or use of borrowing privileges from the Planeview Community Library. Similarly,
outstanding issues with Planeview Community Library customer accounts will prevent the creation or use
of borrowing privileges from the Wichita Public Library.


Planeview Community Library customers wishing to use Wichita Public Library materials not available
in the Planeview collection but available from other Wichita Public Library locations may do so by
placing reserve requests through the web-based public access catalog or by making interlibrary loan
requests through the Colvin library staff. Items will be processed by the Wichita Public Library as
“interlibrary loans” made to the Planeview Community Library. Reserve/transfer fees will not be charged
but all other interlibrary loan protocols and policies will apply.


Items loaned from the Planeview Community Library may be returned to any Wichita Public Library
location but will not be removed from customer accounts until the items are received at Colvin. Items
loaned from the Wichita Public Library may be returned to the Planeview Community Library but will
not be removed from customer accounts until the items are received at a Wichita Public Library facility.
Late fees will be based upon the date on which items are returned by customers as documented by library
staff rather than the date on which items will be removed from customer accounts. When outstanding fees
reach $10.00, the Wichita Public Library may refer the customer’s account to collection.


The Planeview Community Library will participate in programming such as the Wichita Public Library
Summer Reading Club and Teen Read programs and other special programs and events when available.


Public access computer workstations may be added to the service mix of the Planeview Community
Library if suitable hardware can be obtained from grants or gifts. If received, workstations will become



                                               Page 5
                                                      218
the property of the Wichita Public Schools. Workstations will be added to the school telecommunications
network, will be supported and maintained by Wichita Public Schools staff and will be subject to rules of
use established by the Colvin principal and staff.


Regularly scheduled meetings of school district and public library staff will be used as a method to ensure
ongoing communication and delivery of effective and efficient service from the Planeview Community
Library. The Colvin School Principal will schedule and facilitate these meetings. In addition to the
Principal, the Colvin School Librarian and the Wichita Public Library’s Coordinator of Customer
Services and Coordinator of Collection Development will comprise this problem-solving group. The
Wichita Public Schools’ Supervisor of Library Media Operations and the Wichita Public Library’s
Director of Libraries will participate in meetings on an as-needed basis.


TERM OF AGREEMENT. This Memorandum of Agreement shall renew each October 1 unless the
Wichita Public Schools or the City of Wichita provides the other party written notice not later than sixty
days prior to an upcoming October 1 that the Agreement will not be renewed. In addition, either party
may terminate this Memorandum of Agreement at any time upon an event of default by the other party.
An event of default occurs when either party is in violation of a term of the Memorandum of Agreement
and the other party provides written notice of violation and the violation is not corrected within sixty (60)
days of receipt of the notice. Upon a party’s failure to correct a violation, the Agreement can be
terminated by the non-violating party providing fifteen days advance written notice of termination to the
violating party.


Upon termination of this Agreement, the City of Wichita will remove books and other property from the
Colvin School Library that were purchased with City funds. All other real and personal property that is
part of the Colvin School Library will be retained by the Wichita Public Schools upon termination. Upon
termination, the Colvin School Library will no longer operate as or be a part of the Wichita Public Library
System.


AMENDMENTS. The parties agree that no changes, additions or modifications to this agreement may
be made except by written addendum signed by all parties. Terms of this agreement, including a program
budget, shall be reviewed on an annual basis and approved by the Wichita Public Schools Board of
Education and the Wichita City Council. The Supervisor of Library Media Operations for the Wichita
Public Schools will schedule this meeting.




                                              Page 6
                                                     219
SUPERSEDING PRIOR AGREEMENTS. This 2007 Memorandum of Agreement supersedes and
replaces all previous agreements entered into between the parties hereto that relate to library services at
the Colvin School Library.


IN WITNESS WHEREOF, the parties have entered into this Memorandum of Agreement to be effective
as of the date of its signing:




Carl Brewer, Mayor                                Connie Dietz, President
                                                  USD 259 Board of Education


Rodger Woods, President,
Library Board of Directors



Attest:




Karen Sublett, City Clerk                        Mike Willome, Clerk of the Board


Approved as to Form:


_______________________________
Gary Rebenstorf, Director of Law




                                             Page 7
                                                   220
Attachment A:

    Wichita Public Library Collection Development Plan for the Planeview Community Library

The City of Wichita’s collections at the Planeview Community Library will include the juvenile fiction,
non-fiction and picture books formerly assigned to the Planeview Branch Library, approximately 2000
print items for young adults and adults, and 200-300 non-print materials. No items will be included in the
Planeview collection which is not also available in at least one other Wichita Public Library location.

Young adult and adult print materials will be shelved on four mobile units arranged in an “L” around a
sitting area with chairs, tables and a magazine rack placed just inside the library entrance. Non-print
materials will be kept in a locked case behind the customer service desk to be accessed only by library
staff.

The print collections will emphasize life-skill and self-help materials for the Planeview community with a
small popular materials component. Reference, educational, self-help, self-improvement and other topics
of general interest will be represented. Paperback editions will be purchased when currency, availability
and popularity is a factor.

Non-print spoken materials will be language instructional materials only.

The video and DVD collection will include a mixture of popular and educational titles.

The fiction collection will be a small (100) collection of popular titles which will change frequently to
follow bestsellers. Some paperbacks will be a part of this collection. Up to 1/3 of the fiction collection
will be comprised of titles appropriate for young adults.

The non-fiction collection will be primarily available for checkout, although a small reference collection
(50-60 titles) will be provided. Non-fiction selections appropriate for middle school homework support
will be included. Areas of emphasis for the non-fiction collection will be as follows:
000s – computer manuals, circulating copy of Guinness world records
100s – self-help
200s – book of saints, bibles and other religious texts
300s – education, law, personal finance and social issues
400s – language support
500s – math, field guides
600s – parenting, health, home repair and improvement, job issues (resume preparation, interviewing
skills, etc.)
700s – basic music, drawing, beginning crafts
800s – writing how-tos, poetry anthology
900s – baby names, atlas, Kansas geography and history, US travel guides




                                             Page 8
                                                   221
Attachment B:

  Colvin Elementary School Collection Development Plan for the Planeview Community Library

Each year Colvin Elementary will purchase children’s library books for William Allen White (Grades 3-
5) and Battle of the Books.

In addition to these annually purchased books, new titles in both easy and fiction, as well as replacement
copies for lost and damaged materials will be bought. Non-fiction books will be purchased as needed to
keep the collection current. Materials needed to support curriculum initiatives will be purchased.

Books and materials will reflect the community and support literacy for families.




                                              Page 9
                                                    222
                                                                              Agenda Item No 13

                                             City of Wichita
                                          City Council Meeting
                                           September 25, 2007



TO:                    Mayor and City Council

SUBJECT:               Planeview Community Library Memorandum of Agreement – District III

INITIATED BY:          Library

AGENDA:                Consent


Recommendation: Approve the agreement renewal and authorize the designated signatures.

Background: Since the summer of 2003, public library service for the Planeview neighborhood has been
delivered through a partnership between Colvin Elementary School and the Wichita Public Library. A
memorandum of agreement establishes the framework for shared decision-making concerning the design
and delivery of library service. The original agreement was for a twelve-month period with a requirement
that the document be reviewed on an annual basis. Staff from the school district and the public library
have completed the review process and have reached consensus on a revised agreement to guide operation
for the 2007-2008 year.

Analysis: During 2006, 6,350 items were circulated to the public from the Planeview Community
Library. Approximately 55% of the use is by adults with the remaining 45% by children. The proposed
agreement updates the schedule of in-service closings and reduces the number of required meetings. In
order to encourage a better return rate for loaned materials, the agreement now provides the option for the
public library to send out public accounts with outstanding balances that meet or exceed $10.00 to
collection. The Library Board reviewed the agreement on August 21 and recommends approval. The
USD259 School Board is scheduled to receive and act upon the proposed agreement on September 24.

Financial Considerations: The agreement assumes continuation of the City’s materials budget for the
Planeview Library at $5000 per year. Approximately 10,000 city-owned items remain in the shared
library collection. Assistance with special programs has been incorporated into the public library’s youth
outreach service schedule. Costs to transport public library materials to and from the library are
incorporated into the Library’s branch delivery route. All other operational expenses are the responsibility
of the school district.

Goal Impact: The agreement helps to address the community’s Quality of Life by expanding access to
the information and recreation resources of the public library system.

Legal Considerations: The Law Department has reviewed and approved the agreement as to form.

Recommendation/Action: It is recommended that the City Council endorse the City’s participation in the
partnership for an additional year and authorize the Mayor to sign the memorandum of agreement.




                                                    223
                                                                            Agenda Item No.


                                             City of Wichita
                                          City Council Meeting
                                             October 2, 2007


TO:                       Mayor and City Council

SUBJECT:                  City Hall Fire Loss

INITIATED BY:             Finance Department

AGENDA:                   Consent


Recommendation: Approve the budget adjustment, transfers and new project.

Background: On September 17, 2007, an explosion and fire occured in the City Hall building. It
appears that the event will be an insured loss. However, expenditures are necessary immediately to
ensure the functionality of City Hall.

Analysis: Staff are still evaluating the loss caused by the fire. Preliminarily, the estimated loss could be
as high as $800,000. These expenditures will likely be incurred prior to year-end, but may span City fiscal
years. It is anticipated that insurance will cover the loss, subject to a policy deductible of $100,000. To
facilitate a full recovery from the city’s insurance carrier, costs associated with the loss should be
recorded in a new City Hall repair project account.

Financial Considerations: Based on preliminary estimates, project expenditure authority of $800,000 is
requested. To fund the anticipated deductible payment, a transfer of up to $100,000 either from the
General Fund approproprated reserves or Self Insurance Fund reserves. All other expenditures will be
funded either through anticipated insurance proceeds, or transfers from the Self Insurance Fund.

Goal Impact: Repairing the insured loss will help insure that City infrastructure is maintained and
operational.

Legal Considerations: Budget adjustments over $25,000 require Council approval.

Recommendations/Actions: It is recommended that the City Council approve the creation of the City
Hall repair project and approve any necessary budget adjustments and transfers.




                                                    224
OCA150006 BID 37529-009 CID#76383)


                        Published in The Wichita Eagle on ________________

AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OR DISTRICTS OF CERTAIN LANDS
LOCATED IN THE CITY OF WICHITA, KANSAS, UNDER THE AUTHORITY GRANTED BY THE
WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE, SECTION V-C, AS ADOPTED BY SECTION
28.04.010, AS AMENDED.

                             BE IT ORDAINED BY THE GOVERNING BODY
                                 OF THE CITY OF WICHITA, KANSAS.

        SECTION 1. That having received a recommendation from the Planning Commission, and proper
notice having been given and hearing held as provided by law and under authority and subject to the
provisions of The Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section
28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are
changed as follows:

                                    Case No. ZON 2006-48

Request for Zone change from “SF-5” Single-Family Residential District to “LC” Limited Commercial District
District, for property described as:

          Lot 1, Block A, Rennick Commercial Addition, Wichita, Sedgwick County, Kansas.

           Generally located on the northwest corner of 45th Street North and Hoover Road.


        SECTION 2. That upon the taking effect of this ordinance, the above zoning changes shall be
entered and shown on the "Official Zoning Map" previously adopted by reference, and said official zoning
map is hereby reincorporated as a part of the Wichita-Sedgwick County Unified Zoning Code as amended.

         SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and
publication in the official City paper.


ADOPTED this ______ day of ____________, 2007.



ATTEST:                                                  ______________________________
                                                         Carl Brewer, Mayor


______________________________
Karen Sublett, City Clerk



(SEAL)



Approved as to form:


______________________________
Gary E. Rebenstorf, City Attorney




                                                   225
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235
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132019
                               First Published in the Wichita Eagle on

                          RESOLUTION NO. ____________

      RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTION
AUTHORIZING IMPROVING STORM WATER SEWER NO. 637 (NORTH OF
45TH ST. NORTH, WEST OF HOOVER) 468-84415 IN THE CITY OF WICHITA,
KANSAS, PURSUANT TO FINDINGS OF ADVISABILITY MADE BY THE
GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

     BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
WICHITA, KANSAS, THAT THE FOLLOWING FINDINGS AS TO THE
ADVISABILITY OF IMPROVING STORM WATER SEWER NO. 637 (NORTH
OF 45TH ST. NORTH, WEST OF HOOVER) 468-84415 IN THE CITY OF
WICHITA, KANSAS, ARE HEREBY MADE TO-WIT:

      SECTION 1. That it is necessary and in the public interest to improve Storm
Water Sewer No. 637 (north of 45th St. North, west of Hoover) 468-84415.

         SECTION 2. That the cost of said improvements provided for in Section 1
hereof is estimated to be Thirty-Eight Thousand Dollars ($38,000) exclusive of the
cost of interest on borrowed money, with 100 percent payable by the improvement
district. Said estimated cost as above set forth is hereby increased at the pro-rata rate of
1 percent per month from and after September 1, 2007, exclusive of the costs of
temporary financing.

       SECTION 3. That all costs of said improvements attributable to the
improvement district, when ascertained, shall be assessed against the land lying within
the improvement district described as follows:

                       RENNICK COMMERCIAL ADDITION
                            Lots 1 through 3, Block A




                                       238
         SECTION 4. That the method of apportioning all costs of said improvements
attributable to the improvement district to the owners of land liable for assessment
therefore shall be on a fractional basis:

      The fractional shares provided for provided for herein have been
      determined on the basis of equal shares being assessed to lots or parcels of
      substantially comparable size and/or value: Lots 1 through 3, Block A,
      RENNICK COMMERCIAL ADDITION, shall each pay 1/3 of the total
      cost of the improvements.

        In the event all or part of the lots or parcels in the improvement district are
replatted before assessments have been levied, the assessments against the replatted
area shall be recalculated on the basis of the method of assessment set forth herein.
Where the ownership of a single lot is or may be divided into two or more parcels, the
assessment to the lot so divided shall be assessed to each ownership or parcel on a
square foot basis.

       SECTION 5. That payment of said assessments may indefinitely be deferred as
against those property owners eligible for such deferral available through the Special
Assessment Deferral Program.

        SECTION 6. That the City Engineer shall prepare plans and specifications for
said improvement and a preliminary estimate of cost therefore, which plans,
specifications, and a preliminary estimate of cost shall be presented to this Body for its
approval.

        SECTION 7. Whereas, the Governing Body of the City, upon examination
thereof, considered, found and determined the Petition to be sufficient, having been
signed by the owners of record, whether resident or not, of more than Fifty Percent
(50%) of the property liable for assessment for the costs of the improvement requested
thereby; the advisability of the improvements set forth above is hereby established as
authorized by K.S.A. 12-6a01 et seq. as amended.

       SECTION 8. Be it further resolved that the above-described improvement is
hereby authorized and declared to be necessary in accordance with the findings of the



                                      239
Governing Body as set out in this resolution.

        SECTION 9. That the City Clerk shall make proper publication of this
resolution, which shall be published once in the official City paper and which shall be
effective from and after said publication.




                                      240
       PASSED by the governing body of the City of Wichita, Kansas, this ______ day
of _____________, 2007.


                                                 ____________________________
                                                 CARL BREWER, MAYOR


ATTEST:

___________________________________
KAREN SUBLETT, CITY CLERK

(SEAL)




                                   241
132019
                             First Published in the Wichita Eagle on

                        RESOLUTION NO. ____________

     RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTION
AUTHORIZING CONSTRUCTION OF WATER DISTRIBUTION SYSTEM
NUMBER 448-90324 (NORTH OF 45TH ST. NORTH, WEST OF HOOVER) IN
THE CITY OF WICHITA, KANSAS, PURSUANT TO FINDINGS OF
ADVISABILITY MADE BY THE GOVERNING BODY OF THE CITY OF
WICHITA, KANSAS.

     BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
WICHITA, KANSAS, THAT THE FOLLOWING FINDINGS AS TO THE
ADVISABILITY OF THE CONSTRUCTION OF WATER DISTRIBUTION
SYSTEM NUMBER 448-90324 (NORTH OF 45TH ST. NORTH, WEST OF
HOOVER) IN THE CITY OF WICHITA, KANSAS, ARE HEREBY MADE TO-
WIT:

       SECTION 1. That it is necessary and in the public interest to construct Water
Distribution System Number 448-90324 (north of 45th St. North, west of Hoover).

        SECTION 2. That the cost of said improvements provided for in Section 1
hereof is estimated to be Eighty-Four Thousand Dollars ($84,000) exclusive of the
cost of interest on borrowed money, with 66.25 percent payable by the improvement
district and 33.75 percent of the total cost payable by the City of Wichita from Water
Department Water Utility Improvement Funds. Said estimated cost as above set forth
is hereby increased at the pro-rata rate of 1 percent per month from and after
September 1, 2007, exclusive of the costs of temporary financing.

       SECTION 3. That all costs of said improvements attributable to the
improvement district, when ascertained, shall be assessed against the land lying within
the improvement district described as follows:




                                    242
                      RENNICK COMMERCIAL ADDITION
                           Lots 1 through 3, Block A

        SECTION 4. That the method of apportioning all costs of said improvements
attributable to the improvement district to the owners of land liable for assessment
therefore shall be on a fractional basis.

       The fractional shares provided for herein have been determined on the
       basis of equal shares being assessed to lots or parcels of substantially
       comparable size and/or value: Lots 1 through 3, Block A, RENNICK
       COMMERCIAL ADDITION, shall each pay 1/3 of the total cost of the
       improvements.

        In the event all or part of the lots or parcels in the improvement district are
replatted before assessments have been levied, the assessments against the replatted
area shall be recalculated on the basis of the method set forth herein. Where the
ownership of a single lot is or may be divided into two or more parcels, the assessment
to the lot so divided shall be assessed to each ownership or parcel on a square foot
basis.

       SECTION 5. That payment of said assessments may indefinitely be deferred
as against those property owners eligible for such deferral available through the
Special Assessment Deferral Program.

        SECTION 6. That the City Engineer shall prepare plans and specifications for
said improvement and a preliminary estimate of cost therefore, which plans,
specifications, and a preliminary estimate of cost shall be presented to this Body for its
approval.

        SECTION 7. Whereas, the Governing Body of the City, upon examination
thereof, considered, found and determined the Petition to be sufficient, having been
signed by the owners of record, whether resident or not, of more than Fifty Percent
(50%) of the property liable for assessment for the costs of the improvement requested
thereby; the advisability of the improvements set forth above is hereby established as
authorized by K.S.A. 12-6a01 et seq., as amended.




                                      243
       SECTION 8. Be it further resolved that the above described improvement is
hereby authorized and declared to be necessary in accordance with the findings of the
Governing Body as set out in this resolution.

        SECTION 9. That the City Clerk shall make proper publication of this
resolution, which shall be published once in the official City paper and which shall be
effective from and after said publication.




                                    244
PASSED by the governing body of the City of Wichita, Kansas, this ______day
of__________, 2007




                                             ___________________________
                                              CARL BREWER, MAYOR

ATTEST:

_________________________________
KAREN SUBLETT, CITY CLERK
(SEAL)




                               245
132019
                               First Published in the Wichita Eagle on

                          RESOLUTION NO. ____________

RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTION
AUTHORIZING CONSTRUCTING PAVEMENT ON 45TH ST. NORTH FROM
THE WEST LINE OF THE PLAT TO THE WEST LINE OF HOOVER ROAD
(NORTH OF 45TH ST. NORTH, WEST OF HOOVER) 472-84600 IN THE CITY
OF WICHITA, KANSAS, PURSUANT TO FINDINGS OF ADVISABILITY MADE
BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

       BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
WICHITA, KANSAS, THAT THE FOLLOWING FINDINGS AS TO THE
ADVISABILITY OF AUTHORIZING CONSTRUCTING PAVEMENT ON 45TH ST.
NORTH FROM THE WEST LINE OF THE PLAT TO THE WEST LINE OF
HOOVER ROAD (NORTH OF 45TH ST. NORTH, WEST OF HOOVER) 472-
84600 IN THE CITY OF WICHITA, KANSAS, ARE HEREBY MADE TO-WIT:

       SECTION 1. That it is necessary and in the public interest to authorize
constructing pavement on 45th St. North from the west line of the plat to the west line
of Hoover Road (north of 45th St. North, west of Hoover) 472-84600.

        Said pavement shall be constructed of the material in accordance with plans and
specifications provided by the City Engineer.

        SECTION 2. That the cost of said improvements provided for in Section 1
hereof is estimated to Fifty-Eight Thousand Dollars ($58,000) exclusive of the cost of
interest on borrowed money, with 100 percent payable by the improvement district. Said
estimated cost as above set forth is hereby increased at the pro-rata rate of 1 percent per
month from and after September 1, 2007 exclusive of the costs of temporary financing.

       SECTION 3. That all costs of said improvements attributable to the
improvement district, when ascertained, shall be assessed against the land lying within
the improvement district described as follows:




                                      246
                       RENNICK COMMERCIAL ADDITION
                            Lots 1 through 3, Block A

        SECTION 4. That the method of apportioning all costs of said improvements
attributable to the improvement district to the owners of land liable for assessment
therefore shall be on a fractional basis.

       The fractional shares provided for herein have been determined on the
       basis of equal shares being assessed to lots or parcels of substantially
       comparable size and/or value: Lots 1 through 3, Block A, RENNICK
       COMMERCIAL ADDITION, shall each pay 1/3 of the total cost of the
       improvements.

        In the event all or part of the lots or parcels in the improvement district are
replatted before assessments have been levied, the assessments against the replatted area
shall be recalculated on the basis of the method of assessment set forth herein. Where the
ownership of a single lot is or may be divided into two or more parcels, the assessment to
the lot so divided shall be assessed to each ownership or parcel on a square foot basis.
Except when driveways are requested to serve a particular tract, lot or parcel, the cost of
said driveway shall be in addition to the assessment to said tract, lot, or parcel and shall
be in addition to the assessment for other improvements.

       SECTION 5. That payment of said assessments may indefinitely be deferred as
against those property owners eligible for such deferral available through the Special
Assessment Deferral Program.

        SECTION 6. That the City Engineer shall prepare plans and specifications for
said improvement and a preliminary estimate of cost therefore, which plans,
specifications, and a preliminary estimate of cost shall be presented to this Body for its
approval.

        SECTION 7. Whereas, the Governing Body of the City, upon examination
thereof, considered, found and determined the Petition to be sufficient, having been
signed by the owners of record, whether resident or not, of more than Fifty Percent
(50%) of the property liable for assessment for the costs of the improvement requested
thereby; the advisability of the improvements set forth above is hereby established as
authorized by K.S.A. 12-6a01 et seq., as amended.

       SECTION 8. Be it further resolved that the above-described improvement is
hereby authorized and declared to be necessary in accordance with the findings of the
Governing Body as set out in this resolution.

        SECTION 9. That the City Clerk shall make proper publication of this
resolution, which shall be published once in the official City paper and which shall be
effective from and after said publication.




                                       247
PASSED by the governing body of the City of Wichita, Kansas, this _____ day of
_______, 2007.


                                             ____________________________
                                             CARL BREWER, MAYOR
ATTEST:
___________________________________
KAREN SUBLETT, CITY CLERK

(SEAL)




                                 248
132019-BID#37484
                            First Published in the Wichita Eagle on

                       RESOLUTION NO. ____________

      RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTION
AUTHORIZING CONSTRUCTION OF LATERAL 525, SOUTHWEST
INTERCEPTOR SEWER (NORTH OF 45TH ST. NORTH, WEST OF
HOOVER) 468-84414 IN THE CITY OF WICHITA, KANSAS, PURSUANT TO
FINDINGS OF ADVISABILITY MADE BY THE GOVERNING BODY OF THE
CITY OF WICHITA, KANSAS.

     BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
WICHITA, KANSAS, THAT THE FOLLOWING FINDINGS AS TO THE
ADVISABILITY OF THE CONSTRUCTION OF LATERAL 525,
SOUTHWEST INTERCEPTOR SEWER (NORTH OF 45TH ST. NORTH,
WEST OF HOOVER) 468-84414 IN THE CITY OF WICHITA, KANSAS, ARE
HEREBY MADE TO-WIT:

      SECTION 1. That it is necessary and in the public interest to construct
Lateral 525, Southwest Interceptor Sewer (north of 45th St. North, west of
Hoover) 468-84414.

       Said sanitary sewer shall be constructed of the material in accordance with
plans and specifications provided by the City Engineer.

         SECTION 2. That the cost of said improvements provided for in Section 1
hereof is estimated to be Forty-Eight Thousand Dollars ($48,000) exclusive of the
cost of interest on borrowed money, with 100 percent payable by the improvement
district. Said estimated cost as above set forth is hereby increased at the pro-rata
rate of 1 percent per month from and after September 1, 2007 exclusive of the costs
of temporary financing.

       That in accordance with the provisions of K.S.A. 12-6a19, a benefit fee
       be assessed against the improvement district with respect to the
       improvement district’s share of the cost of an existing sanitary sewer
       main, such benefit fee to be in the amount of Eight Thousand Six
       Hundred Nineteen Dollars ($8,619).

                                  249
250
        SECTION 3. That all costs of said improvements attributable to the
improvement district, when ascertained, shall be assessed against the land lying
within the improvement district described as follows:

                    RENNICK COMMERCIAL ADDITION
                         Lots 1 through 3, Block A

       SECTION 4. That the method of apportioning all costs of said improvements
attributable to the improvement district to the owners of land liable for assessment
therefore shall be on a fractional basis:

       The fractional shares provided for herein have been determined on the
       basis of equal shares being assessed to lots or parcels of substantially
       comparable size and/or value: Lots 1 through 3, Block A, RENNICK
       COMMERCIAL ADDITION, shall each pay 1/3 of the total cost of
       the improvements.

        In the event all or part of the lots or parcels in the improvement district are
replatted before assessments have been levied, the assessments against the replatted
area shall be recalculated on the basis of the method of assessment set forth herein.
Where the ownership of a single lot is or may be divided into two or more parcels,
the assessment to the lot so divided shall be assessed to each ownership or parcel on
a square foot basis.

       SECTION 5. That payment of said assessments may indefinitely be
deferred as against those property owners eligible for such deferral available
through the Special Assessment Deferral Program.

        SECTION 6. That the City Engineer shall prepare plans and specifications
for said improvement and a preliminary estimate of cost therefore, which plans,
specifications, and a preliminary estimate of cost shall be presented to this Body for
its approval.

        SECTION 7. Whereas, the Governing Body of the City, upon examination
thereof, considered, found and determined the Petition to be sufficient, having been
signed by the owners of record, whether resident or not, of more than Fifty Percent
(50%) of the property liable for assessment for the costs of the improvement

                                   251
requested thereby; the advisability of the improvements set forth above is hereby
established as authorized by K.S.A. 12-6a01 et seq., as amended.

        SECTION 8. Be it further resolved that the above described improvement
is hereby authorized and declared to be necessary in accordance with the findings of
the Governing Body as set out in this resolution.

        SECTION 9. That the City Clerk shall make proper publication of this
resolution, which shall be published once in the official City paper and which shall
be effective from and after said publication.

PASSED by the governing body of the City of Wichita, Kansas, this _______ day of
_____________, 2007.



                                             _________________________
                                              CARL BREWER, MAYOR


ATTEST:

____________________________
KAREN SUBLETT, CITY CLERK

(SEAL)




                                  252
                                                                              Agenda Item No 16

                                               City of Wichita
                                            City Council Meeting
                                             September 25, 2007

TO:                    Mayor and City Council Members

 SUBJECT:              SUB 2007-39 -- Plat of Rennick Commercial Addition located on the northwest
                       corner of 45th Street North and Hoover Road. (District VI)

INITIATED BY:          Metropolitan Area Planning Department

AGENDA ACTION: Planning (Consent)
_____________________________________________________________________________________

Staff Recommendation: Approve the plat.

MAPC Recommendation: Approve the plat. (12-0)

Background: This site, consisting of three lots on 5.74 acres, has recently been annexed into Wichita’s
city limits. A zone change (ZON 2006-48) has been approved from “SF-5” Single-Family Residential
District to “LC” Limited Commercial District for Lot 1.

Analysis: Petitions, 100 percent, and a Certificate of Petitions have been submitted for sewer, water,
paving and drainage improvements. A Restrictive Covenant was submitted to prohibit development on
this site until City water and sanitary sewer is available. A Cross-Lot Drainage Agreement has also been
submitted. A Grant of Joint Access Easement has been submitted for the joint openings along Hoover
Road.

This plat has been approved by the Planning Commission, subject to conditions. Publication of the
Ordinance should be withheld until the plat is recorded with the Register of Deeds.

Financial Considerations: None.

Goal Impact: Ensure Efficient Infrastructure.

Legal Considerations: The Certificate of Petitions, Restrictive Covenant, Cross-Lot Drainage Agreement
and Grant of Joint Access Easement will be recorded with the Register of Deeds.

Recommendations/Actions: Approve the documents and plat, authorize the necessary signatures, adopt
the Resolutions and approve first reading of the Ordinance.


                                                                              N
                           RIDGE RD.




                                                    45 TH S T. N.
                                                                    HOOVER




                                                        K9 6




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132019
                               First Published in the Wichita Eagle on

                          RESOLUTION NO. ____________

      RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTION
AUTHORIZING CONSTRUCTION OF LATERAL 34, MAIN 2, SOUTHWEST
INTERCEPTOR SEWER (NORTH OF 47TH ST. SOUTH, EAST OF
BROADWAY) 468-84413 IN THE CITY OF WICHITA, KANSAS, PURSUANT TO
FINDINGS OF ADVISABILITY MADE BY THE GOVERNING BODY OF THE
CITY OF WICHITA, KANSAS.

     BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
WICHITA, KANSAS, THAT THE FOLLOWING FINDINGS AS TO THE
ADVISABILITY OF THE CONSTRUCTION OF LATERAL 34, MAIN 2,
SOUTHWEST INTERCEPTOR SEWER (NORTH OF 47TH ST. SOUTH, EAST
OF BROADWAY) 468-84413 IN THE CITY OF WICHITA, KANSAS, ARE
HEREBY MADE TO-WIT:

     SECTION 1. That it is necessary and in the public interest to construct Lateral
34, Main 2, Southwest Interceptor Sewer (north of 47th St. South, east of
Broadway) 468-84413.

       Said sanitary sewer shall be constructed of the material in accordance with plans
and specifications provided by the City Engineer.

         SECTION 2. That the cost of said improvements provided for in Section 1
hereof is estimated to be Twenty-Seven Thousand Dollars ($27,000) exclusive of the
cost of interest on borrowed money, with 100 percent payable by the improvement
district. Said estimated cost as above set forth is hereby increased at the pro-rata rate of
1 percent per month from and after September 1, 2007 exclusive of the costs of
temporary financing.




                                       263
       SECTION 3. That all costs of said improvements attributable to the
improvement district, when ascertained, shall be assessed against the land lying within
the improvement district described as follows:

                     EASY CREDIT AUTO SALES ADDITION
                               Lot 1, Block A

        SECTION 4. That the method of apportioning all costs of said improvements
attributable to the improvement district to the owners of land liable for assessment
therefore shall be on a fractional basis:

       The fractional shares provided for herein have been determined on the
       basis of equal shares being assessed to lots or parcels of substantially
       comparable size and/or value: Lot 1, Block A, EASY CREDIT AUTO
       SALES ADDITION, shall pay 100 percent of the total cost of the
       improvements.

        In the event all or part of the lots or parcels in the improvement district are
replatted before assessments have been levied, the assessment against the replatted area
shall be recalculated on the basis of the method o assessment set forth herein. Where the
ownership of a single lot is or may be divided into two or more parcels, the assessment
to the lot so divided shall be assessed to each ownership or parcel on a square foot
basis.

       SECTION 5. That payment of said assessments may indefinitely be deferred as
against those property owners eligible for such deferral available through the Special
Assessment Deferral Program.

        SECTION 6. That the City Engineer shall prepare plans and specifications for
said improvement and a preliminary estimate of cost therefore, which plans,
specifications, and a preliminary estimate of cost shall be presented to this Body for its
approval.

        SECTION 7. Whereas, the Governing Body of the City, upon examination
thereof, considered, found and determined the Petition to be sufficient, having been
signed by the owners of record, whether resident or not, of more than Fifty Percent
(50%) of the property liable for assessment for the costs of the improvement requested
thereby; the advisability of the improvements set forth above is hereby established as
authorized by K.S.A. 12-6a01 et seq., as amended.

       SECTION 8. Be it further resolved that the above described improvement is
hereby authorized and declared to be necessary in accordance with the findings of the
Governing Body as set out in this resolution.

        SECTION 9. That the City Clerk shall make proper publication of this
resolution, which shall be published once in the official City paper and which shall be
effective from and after said publication.


                                      264
       PASSED by the governing body of the City of Wichita, Kansas, this _____day
of ______, 2007.


                                                ____________________________
                                                CARL BREWER, MAYOR
ATTEST:


___________________________________
KAREN SUBLETT, CITY CLERK


(SEAL)




                                  265
                                                                                               Agenda Item No 17



                                                City of Wichita
                                             City Council Meeting
                                              September 25, 2007


TO:                    Mayor and City Council Members

 SUBJECT:              SUB 2007-47 -- Plat of Easy Credit Auto Sales Addition located north of 47th Street
                       South and on the east side of Broadway. (District III)

INITIATED BY:          Metropolitan Area Planning Department

AGENDA ACTION: Planning (Consent)
_____________________________________________________________________________________

Staff Recommendation: Approve the plat.

MAPC Recommendation: Approve the plat. (12-0)

Background: This site, consisting of one lot on 1.83 acres, is located within Wichita’s city limits. This
site is zoned “GC” General Commercial District.

Analysis: A Petition, 100 percent, and a Certificate of Petition have been submitted for sewer
improvements. A No-Protest Agreement has been submitted for the paving improvements on 43rd Street
South. This Agreement assures the City of Wichita that this property will be included in the paving
improvements, and the owners have waived their right to protest said paving improvements. An off-site
Drainage Agreement and an off-site Sanitary Sewer Easement have also been submitted.

This plat has been approved by the Planning Commission, subject to conditions.

Financial Considerations: None.

Goal Impact: Ensure Efficient Infrastructure.

Legal Considerations: The Certificate of Petition, No-Protest Agreement, off-site Drainage Agreement
and off-site Sanitary Sewer Easement will be recorded with the Register of Deeds.

Recommendations/Actions: Approve the documents and plat, authorize the necessary signatures and
adopt the Resolution.


                                                                                                N



                                                                                    I1 3
                                                                                           5



                                                               43 R D S T . S O .
                                                    BROADWAY




                                                   266
                                                                                                                      Agenda Item No 18



                                                  City of Wichita
                                               City Council Meeting
                                                September 25, 2007


TO:                    Mayor and City Council Members

 SUBJECT:              SUB 2007-69 -- Plat of City Hall Complex Addition located on the southwest corner
                       of Central and Main Street. (District VI)

INITIATED BY:          Metropolitan Area Planning Department

AGENDA ACTION: Planning (Consent)
_____________________________________________________________________________________

Staff Recommendation: Approve the plat.

MAPC Recommendation: Approve the plat. (11-0)

Background: This site, consisting of one lot on 13.32 acres, is a replat of portions of Administrative
Center Addition, Waterman’s Addition and Center Addition. This site is zoned “CBD” Central Business
District, “GC” General Commercial District and “LI” Limited Industrial District and is located within
Wichita’s city limits.

Analysis: Municipal services are available to serve the site. The City of Wichita is shown as the owner of this
property.

This plat has been approved by the Planning Commission, subject to conditions.

Financial Considerations: None.

Goal Impact: Ensure Efficient Infrastructure.

Legal Considerations: None.

Recommendations/Actions: Approve the plat and authorize the necessary signatures for approval of the plat
and for the City’s ownership of the property.


                                  N




                                                                                     C EN TR AL
                                                                                    MAIN
                                            WACO




                                                                                                           BROADWAY




                                                                   3 R D ST . N .
                                                                                                  MARKET




                                                   2N D ST . N .




                                                              267
268
269
270
271
272
273
274
275
OCA150006 BID 37529-009 CID#76383)


                                    Published in The Wichita Eagle on ________________

      AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OR DISTRICTS OF CERTAIN LANDS
      LOCATED IN THE CITY OF WICHITA, KANSAS, UNDER THE AUTHORITY GRANTED BY THE
      WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE, SECTION V-C, AS ADOPTED BY SECTION
      28.04.010, AS AMENDED.

                                   BE IT ORDAINED BY THE GOVERNING BODY
                                       OF THE CITY OF WICHITA, KANSAS.

              SECTION 1. That having received a recommendation from the Planning Commission, and proper
      notice having been given and hearing held as provided by law and under authority and subject to the
      provisions of The Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section
      28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are
      changed as follows:

                                               Case No. ZON 2007-05

      Request for Zone change from SF-5” Single-Family Residential District to “TF-3” Two-Family Residential
      District, for property described as:

                Lots 1-7, Block A, Willow Place 2nd Addition, Wichita, Sedgwick County, Kansas.

                Generally located on the south side of 45th Street North and west of Webb Road.


              SECTION 2. That upon the taking effect of this ordinance, the above zoning changes shall be
      entered and shown on the "Official Zoning Map" previously adopted by reference, and said official zoning
      map is hereby reincorporated as a part of the Wichita-Sedgwick County Unified Zoning Code as amended.

               SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and
      publication in the official City paper.


      ADOPTED this ______ day of ____________, 2007.



      ATTEST:                                                  ______________________________
                                                               Carl Brewer, Mayor


      ______________________________
      Karen Sublett, City Clerk



      (SEAL)



      Approved as to form:


      ______________________________
      Gary E. Rebenstorf, City Attorney




                                                         276
132019
                               First Published in the Wichita Eagle on

                          RESOLUTION NO. ____________

     RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTION
AUTHORIZING CONSTRUCTING PAVEMENT ON WILDERNESS CIR. FROM
THE SOUTH LINE OF 45TH ST. NORTH SOUTH TO AND INCLUDING THE
CUL-DE-SAC (SOUTH OF 45TH ST. NORTH, WEST OF WEBB) 472-84601 IN
THE CITY OF WICHITA, KANSAS, PURSUANT TO FINDINGS OF
ADVISABILITY MADE BY THE GOVERNING BODY OF THE CITY OF
WICHITA, KANSAS.

     BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
WICHITA, KANSAS, THAT THE FOLLOWING FINDINGS AS TO THE
ADVISABILITY OF AUTHORIZING CONSTRUCTING PAVEMENT ON
WILDERNESS CIR. FROM THE SOUTH LINE OF 45TH ST. NORTH SOUTH
TO AND INCLUDING THE CUL-DE-SAC (SOUTH OF 45TH ST. NORTH,
WEST OF WEBB) 472-84601 IN THE CITY OF WICHITA, KANSAS, ARE
HEREBY MADE TO-WIT:

       SECTION 1. That it is necessary and in the public interest to authorize
constructing pavement on Wilderness Cir. from the south line of 45th St. North south
to and including the cul-de-sac (south of 45th St. North, west of Webb) 472-84601.

        Said pavement shall be constructed of the material in accordance with plans and
specifications provided by the City Engineer.

        SECTION 2. That the cost of said improvements provided for in Section 1
hereof is estimated to Sixty-Four Thousand Dollars ($64,000) exclusive of the cost of
interest on borrowed money, with 100 percent payable by the improvement district. Said
estimated cost as above set forth is hereby increased at the pro-rata rate of 1 percent per
month from and after October 1, 2007 exclusive of the costs of temporary financing.




                                      277
       SECTION 3. That all costs of said improvements attributable to the
improvement district, when ascertained, shall be assessed against the land lying within
the improvement district described as follows:

                          WILLOW PLACE 2ND ADDITION
                              Lots 1 through 7, Block A

        SECTION 4. That the method of apportioning all costs of said improvements
attributable to the improvement district to the owners of land liable for assessment
therefore shall be on a fractional basis.

       The fractional shares provided for herein have been determined on the
       basis of equal shares being assessed to lots or parcels of substantially
       comparable size and/or value: Lots 1 through 7, Block A, WILLOW
       PLACE 2ND ADDITION, shall each pay 1/7 of the total cost of the
       improvements.

       In the event all or part of the lots or parcels in the improvement district are
replanted before assessments have been levied, the assessments against the replanted
area shall be recalculated on the basis of the method of assessment set forth herein.
Where the ownership of a single lot is or may be divided into two or more parcels, the
assessment to the lot so divided shall be assessed to each ownership or parcel on a square
foot basis. Except when driveways are requested to serve a particular tract, lot or parcel,
the cost of said driveway shall be in addition to the assessment to said tract, lot, or parcel
and shall be in addition to the assessment for other improvements.

       SECTION 5. That payment of said assessments may indefinitely be deferred as
against those property owners eligible for such deferral available through the Special
Assessment Deferral Program.

        SECTION 6. That the City Engineer shall prepare plans and specifications for
said improvement and a preliminary estimate of cost therefore, which plans,
specifications, and a preliminary estimate of cost shall be presented to this Body for its
approval.

        SECTION 7. Whereas, the Governing Body of the City, upon examination
thereof, considered, found and determined the Petition to be sufficient, having been
signed by the owners of record, whether resident or not, of more than Fifty Percent
(50%) of the property liable for assessment for the costs of the improvement requested
thereby; the advisability of the improvements set forth above is hereby established as
authorized by K.S.A. 12-6a01 et seq., as amended.

       SECTION 8. Be it further resolved that the above-described improvement is
hereby authorized and declared to be necessary in accordance with the findings of the
Governing Body as set out in this resolution.




                                        278
        SECTION 9. That the City Clerk shall make proper publication of this
resolution, which shall be published once in the official City paper and which shall be
effective from and after said publication.


PASSED by the governing body of the City of Wichita, Kansas, this _____ day of
_______, 2007.


                                                  ____________________________
                                                  CARL BREWER, MAYOR
ATTEST:
___________________________________
KAREN SUBLETT, CITY CLERK

(SEAL)




                                     279
132019
                         First Published in the Wichita Eagle on

                           RESOLUTION NO. ____________

     RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTION
AUTHORIZING CONSTRUCTION OF LATERAL 72, MAIN 9, SANITARY
SEWER NO. 23. (SOUTH OF 45TH ST. NORTH, WEST OF WEBB) 468-84416 IN
THE CITY OF WICHITA, KANSAS, PURSUANT TO FINDINGS OF
ADVISABILITY MADE BY THE GOVERNING BODY OF THE CITY OF WICHITA,
KANSAS.

     BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
WICHITA, KANSAS, THAT THE FOLLOWING FINDINGS AS TO THE
ADVISABILITY OF CONSTRUCTING AND RESOLUTION AUTHORIZING
CONSTRUCTION OF LATERAL 72, MAIN 9, SANITARY SEWER NO. 23.
(SOUTH OF 45TH ST. NORTH, WEST OF WEBB) 468-84416 IN THE CITY OF
WICHITA, KANSAS, ARE HEREBY MADE TO- WIT:

        SECTION 1. That it is necessary and in the public interest to construct Lateral
72, Main 9 Sanitary Sewer No. 23 (south of 45 St. North, west of Webb) 468-84416
Said sanitary sewer shall be constructed of the material in accordance with plans and
specifications provided by the City Engineer.

         SECTION 2. That the cost of the lateral sanitary sewer improvements provided
for hereof is estimated to be Sixty-Five Thousand Dollars ($65,000), exclusive of the
cost of interest on borrowed money, with 100 percent payable by the improvement
district. Said estimated cost as above set forth is hereby increased at the pro-rata rate of 1
percent per month from and after October 1, 2007, exclusive of the costs of temporary
financing.

       That, in accordance with the provisions of K.S.A. 12-6a19, a benefit fee
       be assessed against the improvement district with respect to the
       improvement district’s share of the cost of the existing sanitary sewer
       main, such benefit fee to be in the amount of Four Thousand Nine




                                         280
Hundred Thirty-Eight Dollars ($4,938).




                               281
       SECTION 3. That all costs of said improvements attributable to the
improvement district, when ascertained, shall be assessed against the land lying within
the improvement district described as follows:

                         WILLOW PLACE 2ND ADDITION
                             Lots 1 through 7, Block A

        SECTION 4. That the method of apportioning all costs of said improvements
attributable to the owners of land liable for assessment shall be on a fractional basis.

       That the method of assessment of all costs of the lateral sanitary sewer for
       which the improvement district is liable, plus the benefit fee, shall be on a
       fractional basis. The fractional shares provided for herein have been
       determined on the basis of equal shares being assessed to lots or parcels of
       substantially comparable size and/or value: Lots 1 through 7, Block A,
       WILLOW PLACE 2ND ADDITION, shall each pay 1/7 of the total cost
       of the improvements.

         In the event all or part of the lots or parcels in the improvement district are
replatted before assessments have been levied, the assessments against the replatted area
shall be recalculated on the basis of the method of assessment set forth herein. Where the
ownership of a single lot is or may be divided into two or more parcels, the assessment to
the lot so divided shall be assessed to each ownership or parcel on a square foot basis.

       SECTION 5. That payment of said assessments may indefinitely be deferred as
against those property owners eligible for such deferral available through the Special
Assessment Deferral Program.

        SECTION 6. That the City Engineer shall prepare plans and specifications for
said improvement and a preliminary estimate of cost therefore, which plans, specifi-
cations, and a preliminary estimate of cost shall be presented to this Body for its
approval.

        SECTION 7. Whereas, the Governing Body of the City, upon examination
thereof, considered, found and determined the Petition to be sufficient, having been



                                        282
signed by the owners of record, whether resident or not, of more than Fifty Percent (50%)
of the property liable for assessment for the costs of the improvement requested thereby;
the advisability of the improvements set forth above is hereby established as authorized
by K.S.A. 12-6a01 et seq. as amended.

       SECTION 8. Be it further resolved that the above described improvement is
hereby authorized and declared to be necessary in accordance with the findings of the
Governing Body as set out in this resolution.

       SECTION 9. That the City Clerk shall make proper publication of this resolu-
tion, which shall be published once in the official City paper and which shall be effective
from and after said publication.



PASSED by the governing body of the City of Wichita, Kansas, this ______ day of
__________, 2007.




                                                         CARL BREWER, MAYOR

ATTEST:



KAREN SUBLETT, CITY CLERK

(SEAL)




                                        283
132019
                               First Published in the Wichita Eagle on

                          RESOLUTION NO. ____________

     RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTION
AUTHORIZING IMPROVING STORM WATER SEWER NO. 636 (SOUTH OF
45TH ST. NORTH, WEST OF WEBB) 468-84417 IN THE CITY OF WICHITA,
KANSAS, PURSUANT TO FINDINGS OF ADVISABILITY MADE BY THE
GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

      BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
WICHITA, KANSAS, THAT THE FOLLOWING FINDINGS AS TO THE
ADVISABILITY OF IMPROVING STORM WATER SEWER NO. 636 (SOUTH
OF 45TH ST. NORTH, WEST OF WEBB) 468-84417 IN THE CITY OF WICHITA,
KANSAS, ARE HEREBY MADE TO-WIT:

      SECTION 1. That it is necessary and in the public interest to improve Storm
Water Sewer No. 636
(south of 45th St. North, west of Webb) 468-84417.

         SECTION 2. That the cost of said improvements provided for in Section 1
hereof is estimated to be Thirty-Two Thousand Dollars ($32,000) exclusive of the
cost of interest on borrowed money, with 100 percent payable by the improvement
district. Said estimated cost as above set forth is hereby increased at the pro-rata rate of
1 percent per month from and after October 1, 2006, exclusive of the costs of
temporary financing.

       SECTION 3. That all costs of said improvements attributable to the
improvement district, when ascertained, shall be assessed against the land lying within
the improvement district described as follows:

                          WILLOW PLACE 2ND ADDITION
                              Lots 1 through 7, Block A




                                       284
         SECTION 4. That the method of apportioning all costs of said improvements
attributable to the improvement district to the owners of land liable for assessment
therefore shall be on a fractional basis:

      The fractional shares provided for provided for herein have been
      determined on the basis of equal shares being assessed to lots or parcels of
      substantially comparable size and/or value: Lots 1 through 7, Block A,
      WILLOW PLACE 2ND ADDITION, shall each pay 1/7 of the total cost of
      the improvements.

        In the event all or part of the lots or parcels in the improvement district are
replatted before assessments have been levied, the assessments against the replatted
area shall be recalculated on the basis of the method of assessment set forth herein.
Where the ownership of a single lot is or may be divided into two or more parcels, the
assessment to the lot so divided shall be assessed to each ownership or parcel on a
square foot basis.

       SECTION 5. That payment of said assessments may indefinitely be deferred as
against those property owners eligible for such deferral available through the Special
Assessment Deferral Program.

        SECTION 6. That the City Engineer shall prepare plans and specifications for
said improvement and a preliminary estimate of cost therefore, which plans,
specifications, and a preliminary estimate of cost shall be presented to this Body for its
approval.

        SECTION 7. Whereas, the Governing Body of the City, upon examination
thereof, considered, found and determined the Petition to be sufficient, having been
signed by the owners of record, whether resident or not, of more than Fifty Percent
(50%) of the property liable for assessment for the costs of the improvement requested
thereby; the advisability of the improvements set forth above is hereby established as
authorized by K.S.A. 12-6a01 et seq. as amended.

       SECTION 8. Be it further resolved that the above-described improvement is
hereby authorized and declared to be necessary in accordance with the findings of the



                                      285
Governing Body as set out in this resolution.

        SECTION 9. That the City Clerk shall make proper publication of this
resolution, which shall be published once in the official City paper and which shall be
effective from and after said publication.




                                      286
       PASSED by the governing body of the City of Wichita, Kansas, this ______ day
of _____________, 2007.


                                                 ____________________________
                                                 CARL BREWER, MAYOR


ATTEST:

___________________________________
KAREN SUBLETT, CITY CLERK

(SEAL)




                                   287
132019
                               First Published in the Wichita Eagle on

                          RESOLUTION NO. ____________

     RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTION
AUTHORIZING CONSTRUCTION OF WATER DISTRIBUTION SYSTEM
NUMBER 448-90325 (SOUTH OF 45TH ST. NORTH, WEST OF WEBB) IN
THE CITY OF WICHITA, KANSAS, PURSUANT TO FINDINGS OF
ADVISABILITY MADE BY THE GOVERNING BODY OF THE CITY OF
WICHITA, KANSAS.

     BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
WICHITA, KANSAS, THAT THE FOLLOWING FINDINGS AS TO THE
ADVISABILITY OF THE CONSTRUCTION OF WATER DISTRIBUTION
SYSTEM NUMBER 448-90325 (SOUTH OF 45TH ST. NORTH, WEST OF
WEBB) IN THE CITY OF WICHITA, KANSAS, ARE HEREBY MADE TO-WIT:

       SECTION 1. That it is necessary and in the public interest to construct Water
Distribution System Number 448-90325 (south of 45th St. North, west of Webb).

        SECTION 2. That the cost of said improvements provided for in Section 1
hereof is estimated to be Twenty-Four Thousand Dollars ($24,000) exclusive of the
cost of interest on borrowed money, with 100 percent payable by the improvement
district. Said estimated cost as above set forth is hereby increased at the pro-rata rate of
1 percent per month from and after October 1, 2007, exclusive of the costs of
temporary financing.

       SECTION 3. That all costs of said improvements attributable to the
improvement district, when ascertained, shall be assessed against the land lying within
the improvement district described as follows:




                                       288
                        WILLOW PLACE 2ND ADDITION
                            Lots 1 through 7, Block A

        SECTION 4. That the method of apportioning all costs of said improvements
attributable to the improvement district to the owners of land liable for assessment
therefore shall be on a fractional basis.

       The fractional shares provided for herein have been determined on the
       basis of equal shares being assessed to lots or parcels of substantially
       comparable size and/or value: Lots 1 through 7, Block A, WILLOW
       PLACE 2ND ADDITION, shall each pay 1/7 of the total cost of the
       improvements.

       Where the ownership of a single lot is or may be divided into two or more
parcels, the assessment to the lot so divided shall be assessed to each ownership or
parcel on a square foot basis.

       SECTION 5. That payment of said assessments may indefinitely be deferred
as against those property owners eligible for such deferral available through the
Special Assessment Deferral Program.

        SECTION 6. That the City Engineer shall prepare plans and specifications for
said improvement and a preliminary estimate of cost therefore, which plans,
specifications, and a preliminary estimate of cost shall be presented to this Body for its
approval.

        SECTION 7. Whereas, the Governing Body of the City, upon examination
thereof, considered, found and determined the Petition to be sufficient, having been
signed by the owners of record, whether resident or not, of more than Fifty Percent
(50%) of the property liable for assessment for the costs of the improvement requested
thereby; the advisability of the improvements set forth above is hereby established as
authorized by K.S.A. 12-6a01 et seq., as amended.

       SECTION 8. Be it further resolved that the above described improvement is
hereby authorized and declared to be necessary in accordance with the findings of the
Governing Body as set out in this resolution.



                                      289
        SECTION 9. That the City Clerk shall make proper publication of this
resolution, which shall be published once in the official City paper and which shall be
effective from and after said publication.




                                    290
PASSED by the governing body of the City of Wichita, Kansas, this ______day
of__________, 2007




                                             ___________________________
                                              CARL BREWER, MAYOR

ATTEST:

_________________________________
KAREN SUBLETT, CITY CLERK
(SEAL)




                               291
132019
                              First Published in the Wichita Eagle on

                         RESOLUTION NO. ____________

     RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTION
AUTHORIZING CONSTRUCTION OF WATER DISTRIBUTION SYSTEM
NUMBER 448-90326 (SOUTH OF 45TH ST. NORTH, WEST OF WEBB) IN
THE CITY OF WICHITA, KANSAS, PURSUANT TO FINDINGS OF
ADVISABILITY MADE BY THE GOVERNING BODY OF THE CITY OF
WICHITA, KANSAS.

     BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
WICHITA, KANSAS, THAT THE FOLLOWING FINDINGS AS TO THE
ADVISABILITY OF THE CONSTRUCTION OF WATER DISTRIBUTION
SYSTEM NUMBER 448-90326 (SOUTH OF 45TH ST. NORTH, WEST OF
WEBB) IN THE CITY OF WICHITA, KANSAS, ARE HEREBY MADE TO-WIT:

       SECTION 1. That it is necessary and in the public interest to construct Water
Distribution System Number 448-90326 (south of 45th St. North, west of Webb).

        SECTION 2. That the cost of said improvements provided for in Section 1
hereof is estimated to be Thirty-Four Thousand Dollars ($34,000) exclusive of the
cost of interest on borrowed money, with 71.46 percent of the total cost payable by the
improvement district and 28.54 percent of the total cost payable by the City of Wichita
from Water Department Water Utility Improvement Funds. Said estimated cost as
above set forth is hereby increased at the pro-rata rate of 1 percent per month from and
after October 1, 2007, exclusive of the costs of temporary financing.

       SECTION 3. That all costs of said improvements attributable to the
improvement district, when ascertained, shall be assessed against the land lying within
the improvement district described as follows:




                                     292
                        WILLOW PLACE 2ND ADDITION
                            Lots 1 through 7, Block A

        SECTION 4. That the method of apportioning all costs of said improvements
attributable to the improvement district to the owners of land liable for assessment
therefore shall be on a fractional basis.

       The fractional shares provided for herein have been determined on the
       basis of equal shares being assessed to lots or parcels of substantially
       comparable size and/or value: Lots 1 through 7, Block A, WILLOW
       PLACE 2ND ADDITION, shall each pay 1/7 of the total cost of the
       improvements.

       Where the ownership of a single lot is or may be divided into two or more
parcels, the assessment to the lot so divided shall be assessed to each ownership or
parcel on a square foot basis.

       SECTION 5. That payment of said assessments may indefinitely be deferred
as against those property owners eligible for such deferral available through the
Special Assessment Deferral Program.

        SECTION 6. That the City Engineer shall prepare plans and specifications for
said improvement and a preliminary estimate of cost therefore, which plans,
specifications, and a preliminary estimate of cost shall be presented to this Body for its
approval.

        SECTION 7. Whereas, the Governing Body of the City, upon examination
thereof, considered, found and determined the Petition to be sufficient, having been
signed by the owners of record, whether resident or not, of more than Fifty Percent
(50%) of the property liable for assessment for the costs of the improvement requested
thereby; the advisability of the improvements set forth above is hereby established as
authorized by K.S.A. 12-6a01 et seq., as amended.

       SECTION 8. Be it further resolved that the above described improvement is
hereby authorized and declared to be necessary in accordance with the findings of the
Governing Body as set out in this resolution.



                                      293
        SECTION 9. That the City Clerk shall make proper publication of this
resolution, which shall be published once in the official City paper and which shall be
effective from and after said publication.




                                    294
PASSED by the governing body of the City of Wichita, Kansas, this ______day
of__________, 2007




                                             ___________________________
                                              CARL BREWER, MAYOR

ATTEST:

_________________________________
KAREN SUBLETT, CITY CLERK
(SEAL)




                               295
                                                                              Agenda Item No 19

                                                City of Wichita
                                             City Council Meeting
                                              September 25, 2007

TO:                    Mayor and City Council Members

 SUBJECT:              SUB 2007-62 -- Plat of Willow Place 2nd Addition located on the south side of 45th
                       Street North and west of Webb Road. (District II)

INITIATED BY:          Metropolitan Area Planning Department

AGENDA ACTION: Planning (Consent)
_____________________________________________________________________________________

Staff Recommendation: Approve the plat.

MAPC Recommendation: Approve the plat. (10-0)

Background: This site, consisting of seven lots on 2.63 acres, is a replat of a portion of the Sun-Air
Estates Addition. This site is located witin Wichita’s city limits. A zone change (ZON 2007-05) from
“SF-5” Single-Family Residential District to “TF-3” Two-Family Residential District has been approved.

Analysis: Petitions, 100 percent, and a Certificate of Petitions have been submitted for sewer, water,
paving and drainage improvements. A Restrictive Covenant has been submitted to provide four off-street
parking spaces per dwelling unit on each lot that abuts a 32-foot street. Since this plat proposes the
platting of narrow street right-of-way with adjacent 15-foot street drainage and utility easements, a
Restrictive Covenant has also been submitted outlining restrictions for lot-owner use of these easements.
An off-site Sanitary Sewer Easement has been submitted.

This plat has been approved by the Planning Commission, subject to conditions. Publication of the
Ordinance should be withheld until the plat is recorded with the Register of Deeds.

Financial Considerations: None.

Goal Impact: Ensure Efficient Infrastructure.

Legal Considerations: The Notice of Community Unit Plan, Certificate of Petitions and Restrictive
Covenants will be recorded with the Register of Deeds.

Recommendations/Actions: Approve the documents and plat, authorize the necessary signatures, adopt
the Resolutions and approve first reading of the Ordinance.




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                                                                                    Agenda Item No 20


                                           City of Wichita
                                        City Council Meeting
                                        September 25, 2007


TO:                   Mayor and City Council Members

SUBJECT:              DED 2007-20 -- Dedication of a Utility Easement located west of West Street and
                      north of Maple. (District IV)

INITIATED BY:         Metropolitan Area Planning Department

AGENDA ACTION: Planning (Consent)
______________________________________________________________________________

Staff Recommendation: Accept the Dedication.

Background: The Dedication is associated with Lot Split Case No. SUB 2007-34 (part of Lot 5, Block
18, Parkwilde Addition). The Dedication is for construction and maintenance of public utilities.

Analysis: None.

Financial Considerations: None.

Goal Impact: Ensure Efficient Infrastructure.

Legal Considerations: The Dedication will be recorded with the Register of Deeds.

Recommendations/Actions: It is recommended that the City Council accept the Dedication.




                                                2ND ST. N.

                                                                              N
                                                                FLORENCE




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