HomeMy WebLinkAboutResolution 4440-04-2015 A Resolution
NO. 4440-04-2015
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AUTHORIZING THE EMPLOYMENT OF GRETA E. COWART
OF THE LAW FIRM OF WINSTEAD, PC, AS OUTSIDE LEGAL
COUNSEL TO ASSIST THE CITY ATTORNEY'S OFFICE IN
ADVISING THE HUMAN RESOURCES DEPARTMENT IN
EMPLOYEE HEALTH AND WELFARE BENEFIT MATTERS,
INCLUDING THE CITY'S COMPLIANCE WITH THE FEDERAL
PATIENT PROTECTION AND AFFORDABLE CARE ACT, AND j
AUTHORIZING PAYMENT OF COUNSEL FEES IN AN AMOUNT
NOT TO EXCEED $20,000.00
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WHEREAS, the City of Fort Worth periodically requires legal advice regarding its employee
health and welfare benefit plan services, including legal advice with regards to the City's compliance
with the federal Patient Protection and Affordable Care Act and related tax regulations ("Affordable i
Care Act"); and
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WHEREAS, the Affordable Care Act includes employer-mandated reporting requirements and j
penalties that affect municipalities; and
WHEREAS, a specific need has arisen to protect the City's interest regarding its employee
health plans and services; and +�
WHEREAS, Greta Cowart has special competency in the areas of health care and tax related
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issues and regularly assists municipalities with maintaining regulatory compliance, and has agreed to
assist the City with these issues;
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE f
CITY OF FORT WORTH, TEXAS, THAT:
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1. The City is authorized to retain Greta E. Cowart of the law firm of
Winstead, PC, as outside counsel under Chapter VI, Section 3 of the City
Charter, for legal services related to advising the Human Resources Department I
in employee health and welfare benefit matters, including legal advice with regards to
the City's compliance with the federal Patient Protection and Affordable Care Act;
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Resolution No.4440-04-2015 1
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2. The City is authorized to pay counsel fees to Greta E. Cowart of the law
firm of Winstead, PC, in an amount not to exceed $20,000.00.
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Adopted this 21St day of April, 2015.
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ATTEST:
By:
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City of Fort Worth, Texas
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Mayor and Council Communication
�'.` COUNCIL ACTION: 'Approved on 4/21/2015 -.Resolution No..4440-04-2015
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DATE: Tuesday, April 21, 2015 REFERENCE NO.: **C-27268
LOG NAME: 12RETAIN LEGAL COUNSEL FOR HEALTH AND WELFARE BENEFIT PLANS
SUBJECT:
Adopt Resolution Authorizing Employment of Greta E. Cowart of the Law Firm of Winstead, PC, as Outside
Counsel for Legal Services Related to Employee Health and Welfare Benefit Matters, and Authorizing
Payment of Counsel Fees in an Amount Not to Exceed $20,000.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing the employment of
Greta E. Cowart of the law firm of Winstead, PC, as outside counsel under Chapter VI, Section 3, of the
City Charter for legal services related to employee health and welfare benefit matters, including the City's
compliance with the federal Patient Protection and Affordable Care Act, and authorizing payment of
counsel fees in an amount not to exceed $20,000.00.
DISCUSSION:
The Human Resources Department and the City Attorney's Office have requested that the City retain the
services of Greta E. Cowart of the law firm of Winstead, PC, with regard to the City's employee health and
welfare benefit plans, in order to assist the City Attorney's Office in advising the Human Resources
Department and to provide legal advice with respect to the City's compliance with the federal Patient I
Protection and Affordable Care Act (Affordable Care Act), Pub. L. No. 111-148, 124 Stat. 119 (2010). Ms.
Cowart has extensive experience advising municipalities on complex employee benefit plan issues,
including many issues under the Affordable Care Act and related tax regulations.
On March 23, 2004, (M&C G-14301) the City retained the services of Greta E. Cowart to assist the City
with reviewing documents prepared by City staff, conferring with City staff, drafting legal opinions, giving
advice on procedures, as well as advise on other legal issues concerning the City's self-insured health
plan and contract with Aetna.
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On January 11, 2005, (M&C G-14650) the City Council authorized the engagement of Greta E. Cowart to
assist the City with legal issues regarding the City's employee health and welfare benefit plans, including
but not limited to Agreements with its third-party administrators. Ms. Cowart's services under the 2005
Agreement included meeting with City staff; drafting legal opinions; preparing and reviewing documents;
reviewing the City's 2004 Request for Proposal and responses; reviewing the negotiated contract terms
and finalizing the related documents, including the Administrative Services Agreement with the third-party
administrator; as well as advise staff on other legal issues concerning the City's self-insured health and
welfare benefit plans. j
In January of 2015, Human Resources staff encountered the need to seek guidance regarding the City's
health plans that cover Medicare-eligible employees and its compliance with the Affordable Care Act. j
Therefore, Staff recommends engaging Greta Cowart, who has considerable experience in health care
law and tax regulatory compliance, as outside legal counsel.
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Logname: 12RETAIN LEGAL COUNSEL FOR HEALTH AND WELFARE BENEFIT PLANS Page I of 2
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FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Group Health Insurance Fund. The Fiscal Year 2015 budget included
appropriations in the amount of$300,000.00 for legal and similarly related services. To date, the Fund
has existing expenses and commitments totaling $113,281.61; upon approval of the recommendation,
remaining funds will be $166,718.39.
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FUND CENTERS: j
TO Fund/Account/Centers FROM Fund/Account/Centers
FE85 531200 0148510 $20,000.00 i
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Sarah Fullenwider (7606) i
Will Trevino (7553)
Additional Information Contact: Gerald Pruitt (7616)
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Logname: 12RETAIN LEGAL COUNSEL FOR HEALTH AND WELFARE BENEFIT PLANS Page 2 of 2