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HomeMy WebLinkAbout2012-09-11; City Council; 20997; Contract Administration Workers' CompensationCITY OF CARLSBAD - AGENDA BILL AB# 20.997 CONTRACT FOR THIRD PARTY ADMINISTRATION OF WORKERS' COMPENSATION CLAIMS DEPT. HEAD ^^SJT^ MTG. 9/11/12 CONTRACT FOR THIRD PARTY ADMINISTRATION OF WORKERS' COMPENSATION CLAIMS CITYATTY. /^^^ CITY MGR. DEPT. HR CONTRACT FOR THIRD PARTY ADMINISTRATION OF WORKERS' COMPENSATION CLAIMS CITYATTY. /^^^ CITY MGR. RECOMMENDED ACTION: Adopt Resolufion No.2012-214Awarding a contract forthe third party administration of workers' compensations claims to Keenan & Associates. ITEM EXPLANATION: The current provisional contract with TRISTAR Risk Management, administrator of the City's workers' compensation claims will expire on September 30, 2012. Staff distributed a request for proposal for workers' compensation benefits administration on April 3, 2012, and subsequently received responses from ten (10) firms. The proposals were evaluated based on quality of the proposals, cost, experience, staff qualifications and level of services available. Four (4) firms were selected to interview. The four firms were evaluated based on cost, experience with a full service city, ability to retain staff and quick response time to determine best value and level of service available. Based on the results of the evaluation process, staff is recommending that Council approve the agreement with Keenan & Associates as shown in Exhibit 2. The proposed agreement contains a proposed fee of $125,000 for claims administration in the first year. This is an increase from $117,214 with the previous claims administrator. FISCAL IMPACT: The administrative fee will increase by two percent (2%) per year in Fiscal Years 2013-14 and 2014-15 and will be $127,500 and $130,050, respectively. If the contract is extended for Fiscal Years 2015-16 (contract year 4) and 2016-17 (contract year 5) the administrative fee will be $132,651 and $135,304 respectively. A complete scope of services is included in Attachment A. A fee schedule for ancillary services is included in Attachment B. Sufficient funds have been included in the Fiscal Year 2012-13 budget for the fees described above. Future fiscal year impacts will be reflected during the annual budget process. DEPARTMENT CONTACT: Cheri Abbott 760-602-2496 Cheri.Abbott@Carisbadca.gov FOR CITY CLERKS USE ONLY. T7~ COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • Page 2 ENVIRONMENTAL IMPACT: The proposed action does not qualify as a "project" under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or reasonably foreseeable indirect physical change in the environment. EXHIBITS: 1. Resolution No. 2012-214 2. Agreement with Keenan & Associates 1 RESOLUTION NO. 2012-214 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA, AUTHORIZING AWARD ^ OF CONTRACT TO KEENAN & ASSOCIATES. WHEREAS, the City Council has determined that the City requires professional services of a third party administrator that is experienced in managing and administering the City's workers' compensation claims. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ^ Carisbad. California, as follows: 10 1. That the above recitations are true and correct. 11 2. That the City Council approves the attached Agreement (Exhibit 2) awarding 12 the contract to Keenan & Associates to provide third party administration of workers' compensafion claims. 3. That the City Council authorizes the mayor to sign the contract on behalf of the City. 13 14 15 16 17 18 19 // 22 23 24 25 26 27 28 // // 20 // 21 // // // // // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carisbad on the 11th day of September 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: J LORRAINE M. WOOD, City Clerk (SEAL) AGREEMENT FOR THIRD PARTY ADMINISTRATIVE SERVICES KEENAN & ASSOCIATES ^HIS AGREEMENT is made and entered into as of the //^ clay of j> jJ'j> ^ ^lyJ 20/<A , by and between the CITY OF CARLSBAD, a municipal cor^ratioh, ("City"), and KEENAN & ASSOCIATES, ("Contractor"). RECITALS A. City requires the professional services of a third party administrator that is experienced in worker's compensafion claims administrafion. B. Contractor has the necessary experience in providing professional services and advice related to worker's compensation administration. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in considerafion of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and condifions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3 TERM The term of this Agreement will be effective for a period of three years (3) from the date first above written The City Manager may amend the Agreement to extend it for two additional one year periods or parts thereof in an amount not to exceed the compensation schedule as listed below in Section 6. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be Year One (1) $125,000 Year Two (2) $127,500 Year Three (3) $130,050 and if an amendment is executed to extend this Agreement: City Attorney Approved Version 2/17/12 Year Four (4) $132,651 Year Five (5) $135,304 This fee covers handling of all new and continuing indemnity files, and all medical only files for the stated period of the Agreement. Additional costs related to safety audit and safety/loss control services are outlined in the attached Exhibit "B". No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensafion to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnificafion amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION City Attorney Approved Version 2/17/12 Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys' fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensafion is included as a loss, expense or cost for the purposes of this secfion, and that this section will survive the expirafion or early terminafion of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurarice carrier admitted and authorized to do business in the State of California.^ The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rafing in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligafions under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Wori^ers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. Q If box is checked, Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. City Attorney Approved Version 2/17/12 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an addifional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered to the City in accordance with policy provisions of the insurer providing notice to the insured. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execufion of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. Citv reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carisbad Business License for the term of the Agreement, as may be amended from fime-to-fime. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be cleariy identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons v^ho are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. City Attorney Approved Version 2/17/12 For City For Contractor Name Cheri Abbott Name John Stephens Title Human Resources Manager Title Senior Vice President Department Human Resources Address 901 Caile Amanecer. Suite 200 City of Carisbad San Clemente, CA 92673 Address 1635 Faraday Ave. Phone No. 949.940.1760 ^ Carlsbad. CA 92008 Email istephens@keenan.com Phone No. 760 602 2496 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Confiict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Confiict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulafions. Contractor will be aware of the requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulafions prohibifing discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be fon/varded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolufion within ten (10) business days. If the resolufion thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonA^arded to the City Manager. The City Manager will consider the facts and solufions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version 2/17/12 1 20. TERMINATION . o ^* In the event of the Contractor's failure to prosecute, deliver, or perform the Services. C»ty may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written riofice to Contractor Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement In this event and upon request of City. Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the terminafion date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determinafion as to the portions of tasks completed and the compensafion to be made. 21 COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee any fee. commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulfing from, the award or making of this Agreement. For breach or violafion of this warranty, City will have the right to annul this Agreement without liability or in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount ofthe fee, commission, percentage, brokerage fees, gift, or confingent fee. 22. CLAIMS AND LAWSUITS . ^ ^ * ^ * Bv signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipafion of litigation or in conjuncfion with lifigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution Contractor acknowledges that California Government Code sections 12650 eLseg,. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information If City seeks to recover penalfies pursuant to the False Claims Act. it is eritified to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another junsdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE ... Anv acfion at law or in equity brought by either of the parties for the purpose of enforcing a nght or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego. State of Califomia, and the parties waive ail provisions of law providing for a change of venue in these proceedings to any other county. City Attorney Approved Version 2/17/12 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California (print name/title) If required by City, proper notary's attached. If a corporation. Agreement following two groups. Group A Chaimian, President, or Vice-President )RRAINE M. WOOD City Clerk knowledgment of execution by contractor must be ust be signed by one corporate officer from each of the Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. City Attorney Approved Version 2/17/12 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respecfive successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the enfire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals execufing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California (print name/title) [sign here) (print name/title) Mayor ATTEST: LORRAINE M. WOOD City Clerk If required by City, proper notary's acknowledgment of execution by contr^JtiDf i^ust.^^e attached. If a corporation. Agreement must be signed by one corporate officer from ^^tJh'W the following two groups. Group A Chairman, President, or Vice-President Group B Secretary. Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. City Attorney Approved Version 2/17/12 ACKNOWLEDGMENT State of California County of C3 K ( On me, personally appeared (insert name and title of the officer) who proved to me on the basis of satisficiory evidence to be the person^whose nam^^erf is/afe- subscribed to the within instrument and acknowledged to me that ho/eho/tlwy executed the same in his/1 lei/ll iglT authorized capacity^teSTTand that by his/hcr/thpir signature(;8^on the instrument the personjli^or the entity upon behalf of which the persoi>(^acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ^„ JMttRiOMfl COMM. •1864256 2 NoHfyFuMic Caiifornia S Us AngtiM County (Seal) 2^ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange _} ss. On p^iA/V{/[A ^ before me, _ personally appeared pVu^ ^"^(^ before me, James Pak Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature JAMES PAK P Commission # 1843747 K Notary Public - California 1 1 ^^''^il^^ Orange County g A My Comm. Expires May 6.2013 L (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Capacity of Signer: Corporate Officer - Title(s): \)^^^ YcU^^sS^ Partner - • Limited • General \ Attorney In Fact Trustee Guardian or Conservator Other: Thumbprint of Signer Signer Is Representing: APPROVED AS TO FORM: RONALD R. BABb City Attorney ^Goiotont CityT^ttorney City Attorney Approved Version 2/17/12 ATTACHMENT"A" SCOPE OF SERVICES EXAMINER CLAIM HANDLING GUIDE Unrepresented Claims • Claim reported to employer and set-up Injured Worker has 30 days to report injury up to 1 year, othenA/ise assert statute of limitation defense (L.C. Sections 5400 & 5405) Employer must immediately authorize medical treatment once injury reported (L.C. Section 4600) Provide medical treatment, subject to Utilizafion Review (L.C. Sections 4600 & 4610) Pay indemnity compensation in accordance with Bargaining Agreements and Labor Code (LC. 4650 & 4850) If medical treatment appears excessive or not medically necessary per Utilization Review, issue 4062 objecfion and proceed with panel QME process. (L.C. Sections 4062 & 4062.1) Once claimant is declared P&S by primary treafing physician with no permanent disability and if in agreement with the P&S report proceed with closing file within 30- 45 days of P&S if there is no dispute raised by the claimant. Once claimant is declared P&S and if there is undisputed permanent disability and or future medical treatment, pay permanent disability and attempt to resolve claim formally by way of Compromise and Release or Stipulated Award to toll the 5 year statute of limitations. (L.C. Secfion 5410) Once claimant is declared P&S and if there is a dispute over the level of permanent disability, future medical treatment, apportionment, etc, proceed with the panel QME process. Once panel QME report has been received, pay any additional compensation due and attempt to resolve claim by way of C&R or Sfipulated Award based on the QME report or immediately file an applicafion with the WCAB to get matter on hearing calendar (L.C. Section 4063). Note if proceeding with filing application, this is subject to the paying applicant attorney's fees if claimant retains attorney. (L.C. Sections 4064) If claimant fails to voluntarily sign C&R or Stipulated Award consider filing application to get matter before l&A Officer or request trial in order to have Findings & Award issued by the WCAB. City Attorney Approved Version 2/17/12 Represented Cases • Claim reported to employer and set-up • Injured Worker has 30 days to report injury up to 1 year, otherwise assert statute of limitation defense (L.C. Sections 5400 & 5405) • Employer must immediately authorize medical treatment once injury reported (L.C. Section 4600) • Provide medical treatment, subject to Ufilization Review (L.C. Secfions 4600 & 4610) • Pay indemnity compensafion in accordance with Bargaining Agreements and Labor Code (L.C. 4650 & 4850) • If medical treatment appears excessive or not medically necessary per Utilization Review, issue 4062 objection and proceed with panel AME/QME process. (L.C. Sections 4062 & 4062.2) • Once applicant is declared by P&S by primary treating physician with no permanent disability and if in agreement with the P&S report, attempt to resolve claim by C&R or stipulated Award. • Once applicant is declared P&S and if there is undisputed permanent disability, pay permanent disability and attempt to resolve claim formally by way of Compromise and Release or Stipulated Award. • Once injured worker is declared P&S and if there is a dispute over the level of permanent disability, future medical treatment, apportionment, etc.. proceed with the AME/Panel QME process. • Once AME/Panel QME report has been received, pay any addifional compensation due and attempt to resolve claim by way of C&R or Stipulated Award based on the AME/Panel QME report. • If claimant fails to participate in the settlement process, file DOR to get matter set for trial in order to have WCJ issued Findings & Award. Delayed/Denied Claims (Unrepresented or Represented) • Medical treatment must be authorized up to $10,000 once claim form (DWC1) has been filed up to date of compensability. (L.C. Secfion 5402) • Must have a medical, legal or factual basis to deny claim. If medical evaluation is necessary to determine compensability, proceed with the panel QME/AME (L.C. Section 4060), if unable to deny claim based on the primary treating physician's report. • If AME/Panel QME issues medical opinion that injury is non-industrial and if claimant is unrepresented and does not dispute report by way of filing application, close file within 30-45 days from denial. If claimant is represented, file DOR in order to get matter on trial calendar to resolve AOE/COE issue. City Attorney Approved Version 2/17/12 10 The most important claim handling funcfion in controlling lifigafion is prompt contact with the injured employee. If we explain benefits and assure that prompt and proper medical care will be provided, quesfions are resolved and an immediate rapport is established with the employee. The California workers' compensation Institute's recent litigation study points to the fact that injured workers who seek an attorney do so often times because of the failure of the administrator to properiy contact the injured employee and explain the complicated benefit system. One of the primary goals of our personalized claims management philosophy is to avoid lifigafion. If an injury results in permanent disability, it is our obligation to insure that the employee receives all benefits called for by the Labor Code. By maintaining close and confinuous contact with the employees through the "disability event", the issue of permanent disability can be resolved through the informal process and, if necessary, with the assistance ofthe Information and Assistance Ofi'icers located at each ofthe WCAB offices. It is our recommendation that we arrange meefings with the Informafion and Assistance Officers for those employees who have additional questions on informal rafings. We find that many employers/administrators do not go far enough in the informal process to avoid litigation. Frequenfiy. the employee is suspicious regarding permanent disability payments, and assistance from the Information and Assistance Officer assures the employee that it is not Keenan & Associates or the City that is determining the cash value of permanent disability, but rather the State of California. Our Claims Unit will perform many ofthe functions previously performed by Legal Counsel in the event a formal application is filed with the WCAB. On an as needed basis, we will: File and serve answers File and serve medical reports on behalf of the City Set up all medical/legal evaluations Arrange for outside invesfigafions, including sub-rosa, if necessary Share medical and personnel records with all interested parties to avoid unnecessary subpoena and photocopy costs Arrange for Agreed Medical Examinafions where indicated Arrange for consultative permanent disability evaluations Meet and confer with applicant's attorneys to work out stipulations or settlements direct, without the necessity of appearing at the WCAB Keenan & Associates will protect and preserve the City's interests, and supervise their legal obligafions under the Labor Code. We will compute and pay all Findings and Awards and Compromises and Release Settlements. We will identify negligent third parties and take whatever steps are necessary, in conjunction with your legal counsel, to preserve subrogation rights. As a result of our personalized claims service philosophy and 24 hour employee contact program, statistics reveal that we have been able to keep our Workers' Compensation City Attorney Approved Version 2/17/12 11 litigation rate at approximately 7.5%. We are acutely aware that reforms and controls in the legal profession are both necessary and inevitable, and accountability to our clients is extremely important regarding work product and corresponding fees Keenan communicates with clients regulariy to review new legal files, status of serious legal cases, and all claims that are scheduled for formal disposition. We find that by communicafing properly with our clients via regular review meetings, superior work product results. In some litigated cases, the examiner is able to manage the lifigafion through conclusion. In these cases the examiner works with the applicant's attorney for fimely resolufion. Functions on lifigated claims which cannot be handled by Keenan & Associates' staff will be referred to defense firm approved by the City Attorney for the City. The need for defense counsel representation can be triggered by the following: • Post termination claims • Psyche allegafions • Denied claims where applicant has later retained legal council • Suspicious claims in need of deposifions, etc. • Claims where applicant and defense medicals differ greatly • Claims where parties cannot agree on reasonable settlement • All claims proceeding to Trial before the WCAB All requests for settlement will be submitted to the City for approval, to include written claim summary, esfimate of permanent disability and defense counsel's comments and recommendafions if any. Keenan's policy and procedure is to index all open indemnity claims at the fime of set up, and as long as the file remains open to re-index annually. All indexing is performed automatically through our claims system at both of these pre-determined intervals and is sent electronically to ISO. All matches are returned within 24 hours electronically and automatically uploaded into our claims system for the examiner to review. These matches are documented directly into the claim notes through this electronic procedure. Having all indexing performed automafically with immediate delivery to the examiner allows our staff to focus their attention on management of the claims process and is just one example of the "bells and whistles" of our iVOS claims system as a claims tool for the examiner. ISO maintains records up to one year, and will automatically return a match to all subscribers for any industry claim filed within the one year period. Re-indexing at one year re-files the claim with ISO so that we are notified of all subsequent claims. Through Keenan's claim system, iVOS. all indemnity claims are indexed at the time of claim set up and re-indexed automafically every nine months unfil the file is closed. There are no charges for this service and no fees are charged to the claim file. City Attorney Approved Version 2/17/12 12 EARLY RETURN TO WORK Keenan works collaboratively with our clients to design and implement outcome oriented Return-To-Work programs. The specific features of the program can be customized to fit individual employer's needs. As we know, ever-increasing direct and indirect costs associated with an employee's lost fime are causing employers to implement structured Return-To-Work programs. Employers feel the need to implement these Return-To-Work programs because of rising workers' compensafion costs, legislation, (including the Americans with Disabilities Act), increases in litigafion costs and the drive to reduce overall expenditures. Keenan has designed customized Return-To-Work programs comprised, at a minimum, of the following components: 1. Why an employer needs a Return-To-Work program 2. Return-To-Work Program Assessment Survey 3. ADA compliance information 4. Job modifications/accommodafions 5. Benchmarks 6. Training and implementation Our Return-To-Work programs are effective and will help your injured employee's return to their usual and customary occupafion while increasing productivity and morale. It will aid you in your compliance with anfi-discriminafion legislation (ADA) and lessen the legal exposure you may now be experiencing. Keenan's Return-To-Work program can also assist you in identifying the essential functions of your present occupations and assist in doing reasonable accommodafion investigations - as required by the ADA. Installing our customized Return-To-Work Program will save you money while you do "the right thing" for the City and its employees. Everyone will benefit! We will coordinate with the City of Carisbad on the creation of a panel of qualified Vocational Rehabilitafion firms, which best suits the needs of the City. BILL REVIEW Keenan, in associafion with Anthem Blue Cross of California, has developed a managed care medical delivery system for work-related injuries. We call it PRIME® (Partnership for the Review and Integration of Medical Expense). PRIME® revolves around four major components, which together form the basic approach to achieving quality medical care. They are Medical Provider Network (MPN) / Preferred Provider Organization (PPO), Management and Utilization Review, Bill Review and the PRIME® Rx pharmacy program. Keenan's managed care division, PRIME®, has been providing bill review for more than 18 years to our municipality, school, health care, and community college clients. City Attorney Approved Version 2/17/12 13 IP PRIME® BILL REVIEW The PRIME® Bill Review department is located in the Keenan Torrance offlce and is comprised of one Bill Review Manager, one Bill Review Supervisor, one Senior Bill Review Specialist two Bill Review Specialists and five Bill Review Analysts. All members of the bill review staff are certified as Experienced Medical Bill Reviewers with a total of 86 years of experience. With PRIME®, all provider bills are reviewed for compliance with applicable fee schedules and prevailing billing practices. Bills are processed by Keenan ufilizing Anthem Blue Cross software for re-pricing. During this process, fee schedule excesses, duplicate charges and billing infractions are identified and corrected, thereby generating substanfial cost savings^ We also offer review (pre-scanning and audit) of hospital bills not subject to PRIME contracted provider discounts. All requests for reevaluation are reviewed to determine cause of error if an error in processing was made. If an error is found a code is assigned at the bill level. This allows the tracking of the activity for purpose of quality measurement as well as identificafion of cause of errors and identification of training, system enhancements or other actions to insure quality. PRIME® ADVANTAGE MPN As you are aware, effective January 1, 2005. or anyfime thereafter. California employers have been given the opportunity to optimize their workers' compensation program by establishing a medical provider network (MPN). Keenan's PRIME® Advantage Medical Network is another cost cutting, quality driven opportunity for California public agencies. In partnership with Anthem Blue Cross. Keenan is offering their customers an opportunity to increase medical control and provide high quality medical treatment in a responsible manner that will ulfimately drive down medical expenses and the overall costs associated with your workers' compensafion program. The PRIME® Advantage Medical Network is an MPN unparalleled to anything else in the industry Keenan is working in partnership with Anthem Blue Cross, which is a certified Health Care Organization (HCO) and already deemed to meet the qualificafions of a Medical Provider Network. The Anthem Blue Cross partnership offers numerous advantages, some of which include: • A simplified MPN applicafion process that meets all geographical and access requirements • Frontline industrial providers who are prescreened and educated by Anthem Blue Cross to ensure the best outcomes for the pafient and the employer • One of the largest medical networks statewide that meets the legislative goal of having at least 25% of the providers primarily engaged in the treatment of non- occupafional injuries and gives employers an advantage whose group health program is also with Anthem Blue Cross! City Attorney Approved Version 2/17/12 14 . Lower medical costs as a result of many provider fees below the Official Medical Fee Schedule Building on the many advantages Anthem Blue Cross brings. Keenan. through the PRIME® Advantage Medical Network, offers additional strategic advantages, some of which include. • A proven result-oriented team-based workers' compensation program that offers customers all resources in one consolidated package . Administrative support for our customers. We take the burden off the employer by preparing and filing the MPN applicafion on their behalf. Once the MPN applicafion is approved we implement, measure and monitor the program. • Education of MPN front-line providers and physicians • Outcome Analysis of MPN Providers . Keenan recognizes the opportunity that the Califomia legislation has bestowed on employers. We are here to provide our customers the solutions necessary to capitalize on this opportunity. PRIME® Rx The latest enhancement to the PRIME® Managed Care program is a joint venture with Express Scripts called PRIME® Rx. Express Scripts is among the larges fully integrated Pharmacy Benefit Manager (PBM) independent of pharmaceufical manufacturer or retail Pharmacy ownership in the United States and has one of the most comprehensive networks. Wel -Tnown chain pharmacies such as Rite Aid. Wal-Mart. Kniart. Vons. Safeway Prfce/Costco. Medicine Shoppe, Albertsons/ Sav-On and Target, plus thousands of independently owned and operated retail pharmacies are accessed. To best meet the needs of our clients. PRIME® Rx is a tailored program utilizing ele^^^^^^^^ interfaces with network pharmacies and our claims system to provide on line first fill c^Ss as well as r^ail service benefits for long term therapy. This no-r.sk program guarantees that prescriptions will not be billed under workers' compensation if they are not compafible with the claim. Through our PRIME® Rx program, all requests for pharmacy services undergo an intensive ufilization review process to identify potentially inappropnate prescnptions prior to ds^^^^^^^^^^ process checks for early refills, duplicate refills, dosage limits Vindicated drugs and generic substitutions. A drug formulary has been developed with the assistance ^ a clinical pharmacist at Express Scripts and any request for a medication which is not on the list is referred to a PRIME® Nurse Case Manager for review. The claims team and the PRIME® Nurse Case Managers identify claims where maintenance Wpe m^SioIl^^ should be transifion to mail order service. The Express Scnpts customer service department also proactively sends letters and contacts injured workers via phone to convert high volume and long term maintenance type medications to mail order. All billing through the PRIME® Rx program is billed electronically to the claim file. City Attorney .Approved Version 2/17/12 15 PRIME® is designed to be mutually beneficial for everyone involved: the employee, the employer and provider. PRIME® recognizes that today, more than ever, a high level of employee safisfaction with employer-furnished treatment is critical. Annually. Keenan's PRIME® department is currenfiy processing approximately 158.225 bills. PRIME® NURSE CASE MANAGEMENT/UTILIZATION REVIEW The whole of Keenan's Claims Department thoroughly understands the mandated fimelines and how this impacts access to appropriate and necessary medical care for our injured workers. The Claims Department reviews all appropriate incoming requests and fon^/ards the request electronically via our PRIME® Service Queue applicafion. From there, our standard demands a one hour turnaround time (of which we have reporting capabilities to review system efficiencies). The Ufilizafion Review team adheres closely to the UR fimelines as defined by California Labor code through the date and timestamp entry of each step of the Ufilizafion Review process. Oversight is maintained through the applicafion's reporting capabilities. We also have developed "Quick Treat Protocols" to allow claims examiners the technical expertise to review and authorize specific procedures and thereby reducing the utilization costs associated with your program. Registered Nurse Case Managers monitor provider utilization by comparing the frequency and duration of care with the diagnosis-specific treatment guidelines in accordance with UR guidelines under the Labor Code and treatment within MTUS (Medical Treatment Ufilizafion Schedule) Guidelines. PRIME® Case Management Nurses evaluate treatment plans, consultations, and hospitalization requests and will provide certifications or referral to a PRIME® Physician Advisor who will intercede with the provider. The PRIME® nurse case manager focus is to ensure injured workers' receive prompt and appropriate medical care while assisting the City by facilitating eariy return to work. To that end. the nurse case manager's focus with frontline providers is to ensure they are addressing injured worker ability, return to work and appropriateness of medical care. Utilization Review is performed by our partners. Anthem Blue Cross. We believe that this operation is best suited to an organization that has URAC accreditation which includes key quality benchmarks for network management, provider credenfialing. ufilizafion management, quality management and improvement and consumer protecfion. Health Ufilizafion Management Accreditation standards provide assurance to pafients. providers, purchasers, regulators and employers that the practices of the organizafion performing these services are fair and equitable for all parties. The Utilizafion Review (UR) nurses maintain a growing medical management staff of 50 Registered Nurses, who hold unrestricted nUrsing licenses. Average case management/ disability experience is 8.5 years; average Utilizafion Review experience is 4.6 years. Full time RN Ufilizafion Review Trainer, Lead Nurses, and RN supervisors provide reinforcement and training as well. Medical Director provides Confinuing Education Units (CEU) updates quarteriy to the RN Utilization Review staff. Upon request by the Provider, the PRIME® Nurse refers the case for reconsiderafion to the specialty matched Physician Advisor within 24 hours, forwarding any addifional information that may have been received, along with the original Physician Advisor review. City Attorney Approved Version 2/17/12 16 On reconsiderafion, the Physician Advisor attempts to contact the Provider to discuss the requested service. If the services are certified or partially certified, the PRIME Nurse notifies the Provider telephonically the same day the determination is made, and issues a certification or partial certificafion letter to the Provider with a copy of the letter to the Injured Worker within one (1) business day. If the Physician Advisor upholds the original non-certificafion, the Physician Advisor notifies the Provider telephonically, and the Keenan Nurse issues a non-certificafion letter to the Provider with a copy of the letter to the injured worker within one (1) business day. COMPLETION OF MEDICAL REVIEWS Prospective or concurrent reviews must be completed not to exceed 5 working days from receipt of the informafion reasonably necessary to a determinafion. The timeframe can be extended up to no more than 14 days from the request for authorization of medical treatment recommended by the physician. Expedited reviews must be completed within 72 hours from receipt of the information reasonably necessary to a determination. Retrospective reviews must be completed within 30 days for receipt of the informafion reasonably necessary to a determination. Our tracking mechanism which ensures state mandated compliance is automated by our software application. Follow up dates and notifications alert the nurse and the Physician Advisors every step of the way. Each task is date stamped (i.e., when cases are assigned when supportive data is received, and completion is for each Peer Revievv, Referral and Appeal). Notificafion of parties (e.g., the providers, claims staff, injured workers and attorneys) are also logged and dated electronically. PRIME® has the capacity to run ad hoc reports which can identify abhorrent pracfice patterns. PHYSICIAN ADVISOR PROGRAM Anthem Blue Cross of Califomia Workers' Compensafion Services department niaintains a forty four (44) member proprietary Physician Advisor panel represenfing 22 different specialties. They provide specialty-matched peer reviews with direct contact with the treafing Physician, when necessary. Physician Advisor Qualifications • Unrestricted medical license • Board Certificafion in their specialty • Current, active clinical pracfice OVERVIEW OF SERVICE DIVISIONS The following chart details the services that are provided and the division providing them: lilaims Handling Utilization Reviev, Bill Review Keenan WC Claims TeaiTi PRIME^ PRIME^ 17 City Attorney Approved Version 2/17/12 1* Investigative (Sub rosa anj^^PE£QQf ) Nurse Case Managemei Pharmacy Benefit Networl Health Care Oraanization/Medicj Network (HCO/Ml Litigation Maiitg< Nurse Case M^agemWrft RA9®IL*^y-5i^'irA^'-ny^-3^^°--^ PRIME® PRIME^ PRIME® Keenan WC Claim Team STANDARDS & ACCOUNTABILITIES Keenan ensures compliance standards with the Department of Industrial Relafions ufilizing a multitude of programs for effective claims management and best practices. Keenan has established strict timelines, in accordance with the rules and regulafions, for the administration of benefits, medical payments and issuance of all notices, timely and accurate payment of TD and PD, timely and appropriate claim decisions, through resolution of the claims. Our Standards and Accountabilities are closely monitored and measured through regular supervisor claim audits, corporate technical audits, corporate operational audits as well as various external and state audits. Adherence to all internal protocol is also tied into annual performance appraisals. Supervisor Review In order to ensure that all claims are handled appropriately and to ensure that our internal Standards and Accountabilities are met, our supervisors are involved in many aspects of the claims management process. Our supervisors are required to review all files with a reserve of $75,000 total incurred or greater and all settlements of $50,000 or greater. Regular supervisor involvement in a file is triggered by all of the following: 30-day review of all new indemnity claims Reserves over $75,000 total incurred Setfiements over $50,000 Review of all legal mail Review of all litigafion referrals Review of all calculations of payments on settlements All delayed claims All denials All confinuous trauma claims All catastrophic injuries Any conflict-of-interest issues or politically sensitive issues All 132(a) or S&W claims All File Reviews All penalty payments The supervisor review includes feedback to the claims examiner, documented in claim notes that provide recommendafions to improve the overall file plan of action. The supervisor's feedback focuses on the resolufion of issues, adequate identification and assessment of exposures reserve accuracy, facilitafion of settlements and improving customer^service. City Attorney Approved Version 2/17/12 18 Feedback and direction from the supervisor ultimately impacts the performance appraisal of the claims examiner. Claims Supervision Keenan's best practice for claims supervision is the review and direction provided to the examiner on all cases oufiined above at intervals no greater than every 120 days^ If acfion is required by the examiner, the supervisor is to follow up to ensure complefion within required firrJelines. Supervisor documentation should provide the examiner with clear direcfion for further handling the claim with emphasis on resolufion of issues and closure. Manager Review In order to ensure that all claims are handled appropriately and to ensure that our internal Standards and Accountabilifies are met, our managers are involved in many aspects of the claims management process. Our managers are required to review all files with a reserve of $150,000 total incurred or greater and all setfiements of $100,000 or greater. Regular manager involvement in a file is triggered by all ofthe following: Claims over $150,000 total incurred Setfiement of $100,000 and over All defense legal referrals All polifically sensitive claims All penalties RESERVING PHILOSOPHY Keenan maintains realistic estimates of the future costs of all work-incurred liabilities. This information is essenfial to the proper funding and direcfion of your program. Our reserving philosophy is to establish future cost estimates based upon the informafion available at the time of calculation. As developments occur in the course of a claim, reserves are likewise adiusted in either direcfion. Our reserve philosophy is in compliance with DSIP guidelines and Califomia Rules & Regulafions. Each claim stands on its own merit with no allowance for actuarial or mathematical averaging techniques. Completion of reserve worksheets are required by each examiner upon inifial and revised incurred loss esfimates. Supervisors are responsible for review and approval of all cases that exceed an examiner's specific reserve authority leave, usually above a mutually agreed upon level ofthe total incurred. Managers are responsible for review and approval of all cases that exceed both the examiner and supervisor reserve authority level, usually above a mutually agreed upon level of the total incurred. Additionally we track statisfical reserve development in accordance with the Departnient of Self-Insured Plans for each of our client's benchmark for paid to incurred rafios. and data is tracked annually for each of our programs. Reserve Quality Assurance Reserve adjustments are tracked in our claims system and a permanent record is recorded with a date and time stamp, amount, and user identificafion of each reserve transaction^ Stair-stepping is monitored by the supervisor and manager at regular intervals and automated through iVOS Business Rules. This is also a common topic for our corporate City Attorney Approved Version 2/17/12 target audits, which occur frequently and are always a "surprise". Our philosophy on management oversight and audifing is to identify trends and correct problems before they are identified by an outside source. Addifionally. members of our Corporate Claims Team will review "large loss" claims at $250,000 and above, for the identification of appropriate settlement/resolution posture, possibility of structured settlement, life care plan or excess carrier authorizafion. This review process includes roundtable discussion ofthe plan of acfion with the claims team (examiner, supervisor, manager, and nurse case manager). SUBROGATION Our claims examiners and claim assistants are trained to properiy identify and pursue subrogafion. All subrogafion potential is explored and pursued under strict fimeframes. FINANCIAL SERVICES Keenan & Associates has checks and balances in place to ensure the security of check issuance and benefit payments. Under a Self-Insured Trust Account, Keenan recommends a positive pay bank account for maximum ease and security. This type of account is established between the City and your banking institution based on a line of credit or financial instrument. Keenan & Associates does accept funding contributions by wire transfer. Keenan has experience in handling all types of bank accounts from traditional accounts to zero balance, to positive pay. • Tradifional Account - These accounts generally allow for an unlimited number of transacfions. • Zero Balance Account (ZBT) - This means that the balance at the end of the day is always zero. Each day. the account pulls its funds from a separate account, or corporate account, into their workers' compensafion account. Your financial institution will deposit, into the workers' compensafion account, the exact dollar amounts that will allow for an unlimited number of transactions. • Posifive Pay Account - Where on a daily basis, Keenan & Associates will present a check register to the bank for checks issued that day. Only checks issued will be eligible for cashing. There is an added benefit of security with this type of account. At the time, the bank provides verification of the check before cashing based on security parameters, requires signatures and other controls set up at onset of the account between the bank and the City. Keenan will assist the City in the set up and ongoing administration of a trust account for the purpose of paying benefits. We will provide the City with monthly transacfion registers, voids, stop payments, refunds and bank account deposits and balances. We do not anficipate the need to handle cash under any circumstance in the claims management process. However, Keenan's Claims Examiner, in partnership with the Claims Assistant, is responsible for reconciliation of all benefits and payments made off the claim file. This is done through various system security workflow and strict approval processes. Additionally, balances are performed by audits of the manual payment cards against the claims system payment history. Payment cards require examiner approval every three weeks. Balances are performed again at the fime of settlement via usage of the Balance Sheet Form, which also requires supervisory approval prior to any final settlement payment issuance. Additionally, management must approve aii checks over $5,000. City Attorney Approved Version 2/17/12 20 EXCESS REPORTING & RECOVERY EXPERTS Unlike most claims administrators we have a Reinsurance Manager dedicated to ensuring your claims are reported timely to your excess carrier, and equally important, that you are reimbursed accurately and timely. Our Reinsurance Manager will promptly report all claims that reach the SIR to your reinsurance carrier. Excess Reporting Specialist Keenan & Associates has an on-site Reinsurance Manager responsible for filing excess insurance reports. Our success rate for prompt filing exceeds industry standards. Through coordinated efforts between the Examiner and our Reinsurance Manager, we report all claims for client's self-insured run-off claims at 50% of the Self-Insured Retention (SIR) RESOLUTION EXPERTS We design strategies to fit the individual needs of our clients. Many public entities and community colleges are experiencing challenges in resolving old claims. Across the state these old claims confinue to experience reserve development, causing financials to be upside down. We look fon/vard to partnering with you to develop an aggressive plan to resolve your older claims with an emphasis on those claims setfied by sfipulation or finding and award. Our strategy will include: • Preparing Analysis o By Age of Claims (Many claims with a date of injury 15+ years ago and sfill open!) o By Date of Birth (Many injured employees either retired or in refirement age. Offers unique setfiement opportunifies) o By Outstanding Liabilifies (Many times only 20% of the open claims are driving 80% of the outstanding reserves. Focused resolution of those 20% can significantly improve your financials) • Implemenfing Resolution Strategies o Resolution Team • Aggressive Claims Examiner • Structured Settlement Analysis • Nurse Case Manager Assist to Control Treatment Plans and ensure treatment is within ACOEM or other medical treatment guidelines. • Corporate Claims Analyst as "Fresh Perspective" • Taking Advantage of Legislative Reform and Pushing Back o Presumpfion of Correctness Eliminated for all Dates of Injury o Treatment Utilization Guidelines (ACOEM) in Place and Under Development o Presumption is "Evidence Base" o Medical Provider Network (MPN), when appropriate, to transfer medical care and regain medical control LITIGATION MANAGEMENT Keenan maintains our proprietary "PPO" program for litigafion management called PRIDE. This program is managed by our Corporate Claims Team for reduced hourly rates, billing, integrity and overall performance. Our relafionship is 'management to^management' so that City Attorney Approved Version 2/17/12 1 we keep pace with industry trends and focus on quick resolufion and cost containment. As part of this program, we have identified 'separation of duties' protocols to ensure that administrative tasks are performed by our claims team and professional responsibilifies are handled by the defense firm. Our corporate claims team also conducts regular audits to ensure overall efficiencies and adherence to all program procedures. Keenan will work closely with the City on litigation management and obtain approval for all depositions, investigafion and sub-rosa activities. All litigated claims require ongoing and active management by the examiner. All examiners will inifiate proper medical and legal control. Keenan does not and will not turn over control for any aspect of lifigated claims to the attorney. Addifionally. all lifigated claims require active supervisor involvement to ensure proper direcfion. Keenan will work closely with the City and will provide frequent updates to the maintained Hearing Calendar of all conferences, MSC's or Trials. Our calendar will include case name, type, venue, time, defense attorney, applicant attorney and desired disposifion. We make every effort to resolve litigated claims without the assistance of defense counsel. Our examiners maintain ratings for all medical reports resulting in permanent disability, and they will formulate our recommendafion for settlement and resolution. We do not and will not wait for defense attorney's acfion on a setfiement plan. Addifionally. all litigated claims require active supervisor involvement. Under no circumstances are files abandoned to the defense attorney. Keenan will work with the City to ensure adequate defense coverage and will make any necessary changes in partnership with the City. PRIDE Panel Qualifications Law firms' practice must be at least 80% Workers' Compensation defense All attorneys are Certified Workers' Compensation Specialists (or are eligible) before the California State Bar Sole practifioners and/or managing partners of the firm must have at least 10 years experience in Workers' Compensation defense All firms must have experience in handling Keenan's clients (i.e. school districts, health care organizafions and municipalifies) All attorneys must provide proof of adequate insurance coverage Statewide firms have AV rafing in the Martindale-Hubbell Added Value for Our Customers All PRIDE panel members have met rigorous qualification standards, in addifion to: • Negotiated houriy rates of $155.00 through life of claim o Must have technology capable to track performance • Keenan maintains a negofiated rate with all PRIDE Panel firms that is 10 - 15% lower than the industry's usual and customary rates • Keenan has the lowest statewide-negotiated houriy rates, in line with the California Insurance Guarantee Association (CIGA) City Attorney Approved Version 2/17/12 22 ^1 Keenan will continue to keep a low number of firms on the panel in order to better monitor and manage our legal defense costs and uphold management philosophies consistent with those of Keenan and our customers Keenan branch managers and corporate liaison have developed a working relafionship with each PRIDE firm, and handling attorney Our PRIDE firms have partnered with us to provide quarteriy trend reports on costs and duration statistics Quarteriy communication meetings are held to review status of projected costs and progress on fime frame to bring case to resolution, according to their original estimate Claims examiners must uphold strict claims handling guidelines according to our internal standards and accountabilifies Claims examiners have overall responsibility for the primary direcfion. resolufion strategies and prompt closure of all legal cases while working in partnership with our PRIDE attorneys PRIDE firms are required to provide esfimated cost and durafion of litigafion management at onset of referral and are held accountable to adhere to their original projected estimates Keenan discourages use of hearing representatives - doing so must be pre- authorized by our corporate claims coordinator Semi-annual training is provided to all staff in all areas of lifigafion management Keenan manages all aspects of lifigafion, including cases assigned to defense attorney, in accordance with all of the above. Keenan will work closely with the City for each referral to defense counsel and obtain approval of the attorney assignment. Keenan works closely with our panel defense attorneys throughout the life of the claim. As part of our comprehensive management of legal claims, we will ensure that all opening reports, regular status reports and resolution/settlement reports are fimely and maintained in the claim file. LEGISLATIVE AND REGULATORY COMPLIANCE Keenan is electronically linked to key legislative sites on the Internet, and are able to retrieve up-to-the-minute status reports on all pending legislafion so we can report any significant developments to our clients and claims teams. If you need informafion on a specific bill, we can provide it almost instantly. We look to mitigate addifional costs associated with legislative changes affecfing your program. Our Legal Department maintains dedicated personnel who regularly track both pending and newly enacted legislation in order to provide updates to our clients in a fimely manner. Communication of legislative issues is provided by Briefings, Webinars and onsite meefings. Additionally, all of Keenan's service team personnel are briefed on current legislative issues and potential changes to legislation and regulafions. As critical legislafion is enacted. Keenan will provide the City with comprehensive resources to ensure you receive the information needed to keep abreast of the changes. We regulariy distribute Compliance Advisories designed to inform clients of news and legislation that may impact them. During the past three years, Keenan has conducted many client seminars and educational programs, provided at no cost to our clients. City Attorney Approved Version 2/17/12 23 In addifion Keenan holds an annual summit for our clients. The summit addresses key public policy issues that may impact client programs related to various lines of insurance^ The 2012 Keenan Summit was held on February 29, 2012 in Berkeley, California and March 1 2012 in Burbank Califomia. The Summit focused on the dialog between the vanous stakeholders on the emerging issues of Health Care Reform. Public Retirement, Risk Management and Workers' Compensafion, emphasizing the impact these developments could have on organizafions. These events provide an open exchange of ideas across a wide range of viewpoints. IMPLEMENTATION AND TRANSITION MANAGEMENT The implementafion process is of utmost importance as we know a smooth transifion and implementafion is crifical to the ongoing success of your workers' compensafion program. We believe in careful planning and follow through. Our goal is to make the process seamless to the client and the employees. Transifion and implementafion meefings are meticulously planned to carefully review the implementafion strategy and identify any addifional tasks that need to be accomplished. We will work with the City to contact your current TPA so that a smooth transition of services can occur In addition to that, we have found that regulariy scheduled meetings can facilitate a quick and seamless transifion from other service provider to our services. Therefore we work with you to identify appropriate times and frequencies for meetings with your appropriate personnel, so that we can train you on any processes while mifigafing disrupfion to your personnel's workflow. During the inifial meefings we will sit down with the City to determine if there are any special handling instrucfions that need to be incorporated into our operations, with respect to your claims including the transitioning of hard copy claim files to paperiess claims or vice versa if required by either party. City Attorney Approved Version 2/17/12 24 ATTACHMENT"B" PRICING Following are Keenan's /greed Claims Administration fees for tlie City of Carlsbad: infnrmation svst«m s..nnort and M transition and intake fees are waived. Fees include post 90 day detailed report of reserves and overall assessment of open indemnity claims inventory. The State of Califomia requires that all first Report of Inquiry (FROI) and Subsequent Report of Inquiry (SROI) be reported to the Sate electronically (EDI). Fees are waived for these electronic submissions. Keenan's solution is based on a bundled approach, incorporating Bill Review, Utilization Review and Case Management through Keenan's PRIME* program fees are included on the next page. Additionally Keenan's Regency Investigation Services can be utilized for investigation sS The Regency Fee Schedule is included just after the PRIME Fee Schedule. Consistent with industry practices, insurers may also pay insurance brokers, such as Keenan indirect compensation based upon volume efficiencies, client renewals, marketing services product development, technology investments and other additional services Keenan seeks written assurances from insurers that any such indirect compensation will not adversely impact the pricing or coverage temis that Keenan is able to obtain for rts c lents^ The amount of any available indirect compensation shall not be included in the calculation of any commission that may be due to Keenan as a result of the placement of an insurance product. Keenan shall comply with all applicable state and/or federal laws and regulations regarding asclosure of com,^nsation, and embraces industry efforts for transparency. We believe it is important that clients have access to infomiation that may be relevant to their choice of insurance products, including the cost of such insurance and services, and the compensation that may be directly or indirectly paid to Keenan in connexion with the products or services that are selected. Your Keenan account representative will be happy to address any questions you have regarding this matter. City Attorney Approved Version 2/17/12 2.? A Keenan Solutl Fee Schedule - Effective January 1, 2010 (Subject to change upon notice) MANAGED CARE SERVICES • Early Intervention Inifial Assessment/Triage • Total Case Management - PPO Channeling - 4 PT Contact - Inifial Evaluafion - RTW Plan • RN File Review - Medical Care Evaluafion - RTW Evaluation - Written/Case Management Action Plan • Physician Advisor - Medical Necessity Determination - Physician-to-Physician Contact • Physician Medical Record Review - Assessment Report of Medical History IN PATIENT STAY REVIEW • Pre-Admission Review • Concurrent Stay Review • Discharge Coordination UTILIZATION REVIEW $ 45 / Hour $ 95 / Hour $ 95 / Hour $ 180/ Referral $ 300 / Hour $ 95 / Hour $ 95 / Hour BILL REVIEW FEE: Flat Rate - $4.50 per bill plus $ 1.25 per line Plus 24% of PPO Savings below OMFS No fiat fee or per line charge. 24% of total savings * No fiat fee or per line charge, 18% of total savings * No fiat fee or per line charge, 20% of PPO savings below OMFS No fiat fee or per line charge, 24% of total savings Medical EDI processing (Effective 1/1/09) Flat Rate - $4.50 per bill plus $ 1.25 per line (Medical Non-Reviewable, Medical Transportation, Zero pay due to an objecfion. etc.) In-Pafient and Out-Patient Hospital bill review fees will not exceed $10,000.00 TYPE QF SERVICE • Professional • In-Patient Hospital • Out-Pafient Hospital • Pharmacy • Negotiated License #0451271 City Attorney Approved Version 2/17/12 26 P.O Box 4248 Torrance, CA 90501-3325 (310) 618-6858 Phone (310) 212-0330 Fax A Keenan Solution mREGENCY Regency specializes in invesfigafions for school districts, community colleges, hospitals and municipalifies. Now. over twenty years in existence, we are experts in working with public agencies We complete our assignments timely and efficienfiy. Our reports are of the highest quality. All investigations are completed at a very reasonable cost to the client. We have excellent references. Our services include but are not limited to: Workers Compensation Investigations: - AOE/COE Invesfigafions - Surveillance/Sub Rosa - Activity Checks - Subrogafion - Photos & Diagrams When Necessary - Doctor/Clinic Invesfigafions - Police Reports - Coroner Reports Liability Investigations: - General Liability - Auto Liability - Products Liability - Discriminafion - Sexual Harassment - Wrongful Termination - Photos and Diagrams When Necessary - Police Reports - Coroner Reports Data Base Services: - Department of Motor Vehicles - Criminal and Civil Court Checks - Witness Locates/Skip Trace - Public Records - Asset Checks - People at Work search - Business Searches - Photos and Diagrams When Necessary License Number PI 22147 City Attorney Approved Version 2/17/12 27 ^REGENCY .A Keenan Solution P.O Box 4248 Torrance, CA 90501-3325 (310)618-6858 Phone (310) 212-0330 Fax 2012 FEE SCHEDULE WORKERS' COMPENSATION/LIABILITY *Sub Rosa includes surveillance, activities checks, and court appearances. **NOTE: No Additional Charge for Rush Assignments Updated 12/15/11 License Number PI 22147 28 City Attorney Approved Version 2/17/12 PUBLIC WORKS SAFETY AUDIT The Risk Department periodically audits the illness and injury prevenfion program (lIPP) associated with departments performing duties associated with maintenance and public works. The purpose of the audit is to measure compliance with safety regulations (operations and programs), the level of preparedness for an audit by a regulatory agency, an the level of lIPP implementation. Contractor will conduct a meeting to review the work activities at the sites listed below to confirm the specific regulatory requirements with jurisdiction over City operations. The scope ofthe agency identification process will be limited to State and Federal agencies which have oversight over employee health and safety issues. These include Cal/OSHA, Cal/EPA, Cal/Trans, the CHP and the DOT. The review will also include identificafion of health and safety requirements for the facilities and work practices observed, and corresponding inspection and recordkeeping practices. Finally, the review includes an evaluation of the adequacy of the audit form. Work area reviews will include the following departments: Street Maintenance Facility Maintenance Fleet Maintenance Construction Management and Inspecfions Maintenance and Water Operations (water and sewer) Parks Maintenance Storm water Protection and Administration Reviews will include interviews with department superintendents or representatives to be determined and site visits to: a) Confirm the scope of work activities present. b) Use existing audit form and identify an needed enhancements. Ask quesfions to provide greater depth than the form. c) Determine if accident invesfigafions are adequate and recommend any addifional quesfions not currently asked by supervisors. d) Determine the extent to which safety is included in performance evaluations, i.e.. the extent to which safety is treated as any other key factor in job performance/ e) Determine if site inspecfions are conducted and follow-up done. f) Determine if required written programs are in place and implemented. Deliverables: A report including findings of the audit and specific recommendations, substanfiated with regulafion citation and describe deficiencies in work practices, recordkeeping, required training and the basis for these recommendations. The organization of findings and recommendations to be identified as to the area of work. Recommendation will also include any changes or revisions to the audit form. In the event that a safety audit is requested the fees associated with the work will be performed at $125.00 per hour. Prior to commencing work the parties will agree to a complete scope of work. City Attorney Approved Version 2/17/12 2.9 STANDARDS & ACCOUNTABILITIES DEPARTMENT STANDARD MEASUREMENT TECHNICAL: Overall File Handling Inifial 3-point contact • 24 hours • Documentation/oufiine in claim notes Supervisor Review of New Incurrals Target Audit Technical Audit Operafional Audit File set up • 72 hours Supervisor Review of New Incurrals Target Audit Technical Audit Subsequent employee contact • Upon any change in benefits. • Every 4 weeks of TD Supervisor Diary Review Technical Audit Plan of Acfion/lssues Identified • Within 5 days of new file set-up and upon each diary. • Documentafion/oufiine in claim notes. Supervisor Diary Review Technical Audit Subrogafion Identified and Recovery • Within 5 days of new file set-up and upon each diary. • Documentation/outline of recovery action in claim notes. Supervisor Diary Review Technical Audit Operafional Audit Target Audit Invesfigation SlU/Fraud • Thorough in-house invesfigafion of all issues within 5 days from new claim set up. • Authorizafion from supervisor on all outside investigafion assignments. • Appropriate referrals to District Attorney for all SlU cases will be done by Stacey Golden. Supervisor Diary Review Delay Report Technical Audit Target Audit Diary - Examiner • No files greater than 14 days off diary. • Active files to remain on diary up to 60 days, including PD awards. • All claims with active benefits being paid must be on a 30- day diary. • Diaries greater than 30/60 days on active files must have supervisor's approval. • Delay claims must be on 30 day or less diary unfil decision is made. Manager Weekly Report Technical Audit Target Audit City Attorney Approved Version 2/17/12 30 DEPARTMENT STANDARD MEASUREMENT Diary - Supervisor All delayed claims must be on the supervisor's 30-day active diary until decision is made. All denied claims must be approved by a supervisor and manager. If manager not available, requires approval by 2 supervisors. All claims over $75,000 total incurred must be on supervisor's active diary no greater than 6 months. CT, 132(A), S&W claims must be on supervisor's active diary no greater than 6 months intervals. Technical Audit Operafional Audit Target Audit Manager Review Diary - Manager All claims over $150,000 total incurred must be on manager's active diary no greater than 6 months. Operafional Audit Target Audit Reserves Excess Adjusted within 14 days of significant event. Reviewed and commented on at each diary. Inifial reserves to be established within 3 working days of notice of injury. Reserves to be calculated for probable outcome according to the facts of the injury at the time. Rafings appropriately completed within 14 days of notice of permanent disability or the potenfial for permanent disability. Supervisor approval over $75,000 total incurred. Manager approval over $150,000 total incurred. Future medical treatment calculated based on 3 year average of treatment times life expectancy once MMI has been reached. If three years has not lapsed, use average treatment paid thus far. 90 Day Reserve Review Form completed 90 days from open date and signed off by supervisor. Manager Diary Supervisor Diary Target Audit Technical Audit Operafional Audit 24 hour reporting of catastrophic injuries. Within 30 days of reserve change where reserves exceed 50% of SIR level. Quarteriy Reports by CCT Technical Audit Operational Audit 31 City Attorney Approved Version 2/17/12 DEPARTMENT STANDARD MEASUREMENT Medical Management Case Management • All indemnity claims referred to Case Management nurse within 24 hours from notice of injury, with exception of denied claims and "first and final" claims. Prime Triage Report Technical Audit Bill Review • Treatment bills must be objected to within 30 working days or paid within 45 working days. • Medical-Legal bills must be paid or objected to within 60 days. • Bills approved for payment sent to bill review within 5 days from date of receipt Supervisor Review Technical Audit Medical Management • Direct physicians regarding resolufion of permanent disability and future medical issues. • Use of Blue Cross physicians. • Appropriate use of AME/QME process. • Eariy return to work addressed. • Objections made within 20 days (lifigated), or 30 days (unrepresented) of receipt of medical informafion. • Treatment requests must be authorized in accordance with ACOEM or other evidence based guidelines. • Comply with all MPN procedures for transferring care within the MPN. Supervisor Review Technical Audit Utilization Review • Written and verbal treatment requests must be submitted to PRIME for ufilization review within 24 hours upon receipt. • If examiner verbally authorizes treatment request, must send provider written authorization within 2 business days of authorization. Letter in IVOS. • Authorization must be provided within 5 days of treatment request. Technical Audit Operafional Audit Supervisor Review Target Audit Litigation Management PRIDE • Compliance and utilizafion of PRIDE panel for defense needs PRIDE Audit Technical Audit Operational Audit Lifigafion- Management • Authorization from supervisor and manager on all legal referrals • Direcfion given to defense counsel towards resolution of issues • File & serves to attorneys, WCAB & lien claimants within 6 days of receipt of report. Supervisor Audits Manager Review Technical Audit Supervisor Review City Attorney Approved Version 2/17/12 32 DEPARTMENT STANDARD MEASUREMENT Liens • Pay treatment liens within 45 working days or object within 30 working days from date of receipt. • Pay or object to medical-legal liens within 60 days from receipt. • Proper use of objection letters. • Objected/resolved liens/bills submitted to PRIME for Medical EDI reporting. • CMS (Medicare) liens to be addressed immediately. Supervisor Review Technical Audit Operational Audit Evaluafion, Negofiafion and Settlement • Balance sheets used for all settlements. • Evaluation within 30 days of receipt of all relevant facts and information. • Authorizafion obtained from all parties. • Consider Medicare's interest in all C&R settlements. Quarterly Supervisor Audits Supervisor Review Technical Audit Operational Audit Vocational Rehabilitation Pre 01/01/04 • Repealed as of 01/01/2009. Nofices must be maintained in claim file and benefits paid balanced in the file. • Approval by Manager required before paying any addifional VR benefits. Supplemental Job Displacement Benefit On/After 01/01/04 Nofice Voucher • Nofice of Rights to SJDB due within 10 days of final TD payment. • SJDB Voucher due within 25 days of award or before. Supervisor Review Technical Audit Return to Work 01/01/2005 15% Increase/ Decrease • Eariy RTW addressed at each diary where TD benefits confinue. • Send offer of regular work within 60 days of P&S/MMI to injured worker. • Send ADA notice & Offer of Modified/Alt Work to employer immediately upon receipt of P&S/MMI report. • Issue 15% increase or decrease in PD when required for DOI on/after 01/01/05. Technical Audit Operafional Audit Supervisor Review City Attorney Approved Version 2/17/12 33 DEPARTMENT STANDARD MEASUREMENT Benefits Payment of benefits • TD • PD • Other • Within 14 days from the employers date of knowledge of injury, and every 14 days thereafter. • Within 14 days from last payment of TD or within 14 days P&S/MMl if no lost fime. • Medical mileage to be paid along with nofice of nnedical appointment. Medical mileage to be reimbursed within 45 working days from date of receipt of request, all other reimbursements to be paid within 60 days from date of receipt of request. Supervisor Review of Paycards Supervisor Review of New Incurrals Supervisor Diary Penalty Prevention Form Technical Audit Operafional Audit Wage statement • Wage statements to be requested where employee is not a maximum earner. • Wage statement calculated within 10 days of receipt and rates adjusted/paid within 14 days of receipt. Supervisor Review Technical Audit Benefit notices • Same day as benefit payment for TD & PD. Delay nofices sent within 14 days from employer's date of knowledge. • Denial notices sent within 90 days from employer's date of knowledge. • Notice of Rights for SJDB due within 10 days of last payment of TD benefits • All benefit notices must be used in iVOS/Correspondence. Supervisor Review Technical Audit Penalfies • Zero • Penalty Prevenfion Folders are to be used by all examiners. • Supervisors are to periodically review Penalty Prevention Folders for compliance and proper use. Manager Weekly Accountability Report Penalty Prevention Folder Operafional Audit Other Closing Rafio • 100% on active accounts • 125% on runoff accounts Manager Weekly Accountability Report IVOS Batch Reserve Approval. Payment Approval. Under- Reserved Tabs • Clean up daily Supervisor and Manager review Operafional Audit 34 City Attorney Approved Version 2/17/1; 41 DEPARTMENT STANDARD MEASUREMENT EDI • FROI automafically completed within 5 days of new claim set up. • SROI (Subsequent Reports of Injury) completed within 10 days of claim event. Technical Audit Operafional Audit Supervisor Review File backs • Daily Supervisor review Operafional Audit Distribufion of mail • Same day Supervisor review Operafional Audit Review/Action on mail • 5 days Supervisor review Private Label Products • PRIME • PRIDE • Regency • Vendor panels • Compliance to utilizafion of all private label products for bill review, medical case management, legal representafion, invesfigafion, rehabilitafion and photocopy needs. • Outside vendors must have Manager Approval. Monthly usage reports Technical Audit Insured & PIPS Programs • Immediately report catastrophic claims • Authorization from carriers for reserves and settlements over specified amounts, according to carrier protocol. • Submit file review form to CCT Reinsurance Examiner when reporting threshold has been met and every 6 months thereafter unfil file closure. • CT worksheets used in all CT files. • Conflict of interest files handled by team member. • Contribution reimbursed on a quarterly basis unfil file closure. Insured Audit Technical Audit Operafional Audit Supervisor Review Claim Coding • Update claim coding at each diary Supervisor Diary Technical Audit CLIENT SERVICE: File Reviews • Quarteriy Manager Weekly Accountability Report Team Meetings • Monthly Manager Weekly Accountability Reports Customer Tracking • Maintain folder Operational Audit Client Surveys • Above satisfactory results Results from MCD QUALITY CONTROL Technical Audits 1 per year fiscal year Corporate Claims Team Operafional Audit 1 per year fiscal year Corporate Claims Team ~ Manager Weekly Accountability Reports To be completed by Tuesday of the following 1 week Manager Weekly Accountability Reports City Attorney Approved Version 2/17/12 35