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HomeMy WebLinkAboutContract 47185-R1 CITY SECRETARY RECEIVED 'CONTRACT IO. - 14 2016 Cl CM StRETARY TH HEALTH COST MANAGER SUBSCRIPTION SERVICES RENEWAL ADDENDUM TO CITY SECRETARY CONTRACT NO.4718S THIS HEALTH COST MANAGER SUBSCRIPTION SERVICES RENEWAL ADDENDUM (the "Addendum") is made and entered into as of 9/1/2016 (the "Effective Date"), by and between EMPLOYEE TECH, INC. ("We," "Us," "Our," or the "Company") and City of Fort Worth ("Customer," "You," or "Your"), and renews that certain HealthCost Manager Customer Agreement (the "Agreement") between You and Us dated as of November 1, 2015. RECITALS You desire to renew the Agreement for the Renewal Term (defined below), and We are agreeable to permitting You to renew the Agreement for the Renewal Term, subject to the terms and conditions of this Addendum. NOW, THEREFORE, in consideration of the mutual terms, agreements, and conditions herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Renewal Term. After the end of the Term of the Agreement (as set forth in Section 10 of the Agreement), and subject to payment by You of the Subscription Fees (as set forth in Section 7 of the Agreement), the Agreement is hereby amended to automatically renewal for consecutive one (1) year terms (each a "Renewal Term") until either party gives written notice to terminate no less than three (3) months prior to the end of the Renewal Term, or as provided in Section 11 of the Agreement. 2. Data Breach. In the event of a security incident wherein an unauthorized disclosure of, or access to Your Confidential Information (as that term is defined in Section 4 of the Agreement) is confirmed (the "Security Incident"), and provided that such Security Incident did not result from Your breach of Your obligations, representations, and warranties made herein, We agree to: (a) use commercially reasonably efforts to notify You no later than five (5) days of discovery of such Security Incident; (b) Take all reasonable actions necessary to investigate, respond to, and limit the adverse effects of the Security Incident; (c) Assume responsibility for informing all affected individuals in accordance with applicable law (the "Incident Notification"), and bare all costs associated with such Incident Notification. 3. Damages. EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU (WHICH EXPRESSLY EXCLUDES THIRD PARTY CLAIMS PURSUANT TO OUR INDEMNITY OBLIGATIONS) FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX PUNITIVE OR SPECIAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL), IN CONTRACT OR TORT OR OTHERWISE, ARISING OUT OF A SECURITY INCIDENT. 4. Limits on Liability. IF, FOR ANY REASON, WE BECOME LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT OR ANY OTHER DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (IN CONTRACT OR TORT OR OTHERWISE), THEN OUR TOTAL AGGREGATE LIABILITY TO YOU AND ALL OTHER PARTIES IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT OF FEES YOU PAID TO US UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE FIRST CLAIM. S. Effect of Addendum. The Agreement will govern the relationship between You and Us for the duration of the Renewal Term, unless You and We agree to modifications to the Agreement in writing. Except as otherwise set forth in this Addendum, the Agreement will remain in full force and effect according to their terms. The parties agree that the Agreement shall be renewed as set forth herein, and to the extent of any inconsistencies, notwithstanding anything set forth to the contrary in the Agreement, the provisions of this Addendum shall control. You agree that this Addendum shall apply to any further executed Agreements, or Addendums by You. 6. Miscellaneous. This Addendum was drafted by both parties, and in no event will any adverse construction of this Addendum be attributed to Us as the drafting party. In any dispute related to this Addendum, including any dispute related to the making hereof, the non-prevailing party will pay the prevailing party, on demand, its costs, including its reasonable attorneys' fees. This Addendum, including the making of it,will be construed and enforced in accordance with the laws of the State of Illinois, county of Lake, applicable to agreements made and to be entirely performed within such state, which laws will prevail in the event of any conflict of laws. In the event of any dispute related to this Addendum, such dispute shall be resolved in the same manner as set forth in the Agreement. 7. Counterparts; Electronically reproduced signature. This Addendum may be executed in one or more counterparts, each of which when so executed and delivered shall be considered an original, but such counterparts shall together constitute one and the same instrument and addendum. Any signature delivered by a party by facsimile or other electronic transmission (including email transmission of a portable document file (pdf) or similar image) shall be deemed to be an original signature hereto. SIGNATURE AND PRICING PAGE FOLLOWS 2 SIGNITURE AND Mall payment to: PRICING PAGE: EmployeeTech Y. Elmwood Ave Deerfield,IL 60015 Tax ID:45-5000666 HC'IA"l Healthcu—stIvinagor CUSTOMER INFORMATION BILLING INFORMATION (IF DIFFERENT) Contact Name:Joanna Hilton Contact Name: Phone Number:817-392-6275 Phone Number: Company:City of Fort Worth Company: Address:1000 Throckmorton Street Address: City/State/Zip:Fort Worth, TX, 76102 City/State/Zip: Contract Effective Date:11/1/2016 TOTAL NUMBER OF SERVICE PURCHASED DESCRIPTION AND FEE STRUCTURE ANNUAL TOTAL* HEALTH ELIGIBLE EMPLOYEES Up to 8250 Employees Implementation and delivery of HCM File See HCM File proposal attached $18,500.00 solution. 2016 Filing. Optional Mailing Cost $1.50 per 1095 B or C Form $12,249.00 Total Fees Add mailing fees to implementation for total $30,749.00 *Total fees are based on the total number of benefit eligible employees for the current tax year for the services purchased—listed above. If final employee count increases,customer will be responsible for the additional fees owed.Any additional requested services outlined in the proposal will be covered under this agreement and billed at their date of request. IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this Addendum as of the Effective Date. Us: You (Customer): EMPLOYEE TE�INC. 13144e--' By: Y: Title: Principal Titl :Ass! ant City Manager Date: 7/11/2016 Date: , 3 4 APPROVED AS TO FORM AND LEGALITY: 1\10403806.2 A $`400"013,E Asst. CITY ATTORNEY �X(S OFFICIAL RECORD IV m J. Ka ser, Ci S Lary 3 CITY SECRETARY FNO M&C REQUIRED FT. WORTH, TX HCPfFile Hu,ntthCo.tM*oaQu., Proposal for: City of Fort Worth June 15, 2016 Contact: Michael Weiskirch, Principal, EmployeeTech, Inc. Direct+1847 236 1932 1 mweiskirch@employeetech.com 4 Summary HealthCostManager(HCM) is an easy-to-use software solution for IRS 1094/1095 reporting which provides a streamlined, cost-effective way to fulfill Affordable Care Act(ACA) reporting requirements. HCM's web-based platform is flexible enough to meet the reporting needs of a variety of clients and evolves as health care reporting requirements change over time. HCM is part of a suite of reporting solutions designed by EmployeeTech,a leading benefits technology advisory firm. HCM leverages the knowledge of leading benefit consultants,actuaries and technology professionals with many years of experience in the employee benefits field. Why Health Cost Manager? Meeting Affordable Care Act(ACA) reporting requirements can be a daunting challenge. Data resides in multiple locations,and the IRS reports can be complex and difficult to understand. All ALES(employers with 50 or more full time equivalent employees)are required to file,and many are looking for a practical method for collecting ACA information without consuming N substantial internal resources. While other solutions require complex monthly data collection, HCM is i designed for employers with simpler reporting needs;who do not require 44 active management of their hourly employee population. By focusing just on the data required for ACA reporting,the HCM process and timeline are streamlined,allowing it to be offered at a lower cost. How it Works Using HCM File is very straightforward. First we set-up the client account, inputting the required corporate data. This =;i`=-ter=— =-_• ��-_—��_ includes contact information and factors driving ACA �`"•"'`" _ �`�`� `- --z calculations,such as lowest cost plan details. Next, HCM File • -- -- •- -- -- -- -- -- •- -- _...r.- ........... — requires only a single year-end employee census upload with ..�____ just the data required for the filing. HCM File's proprietary - - "- -' -�•' - =<- �Ta • i C i^oEr,C.040 C7 G G G C;O -- algorithm then produces the correct coding for IRS forms 1094- - r_ ❑�O ��El 0 0 a i 13 .................................................................. _ . ..:....... Etc B or C and 1095-B or C. It happens instantaneously,and clients o'o o e�,o can download and view PDFs of their forms,or an excel i.. "" p C OO summary report, before mailing and efiling their formsF_ .0 C] 5 Capabilities One-Click Access to Reporting HCM provides expedient creation of 6055 and 6056 reporting with minimal amount of work for the client. Clients are assigned an Account Manager to support them throughout the process:from account set-up through workbook creation,data validation,filing, A forms distribution,and post-filing support. Clients can also access Client Advisory expertise as needed. e i Once data is uploaded and the HCM algorithm run, employers can generate 6055/56 reports. Individual reprints of the 1095-B or C forms can be downloaded at any time. A Summary Report provides an overview ; , of the company's filing from a corporate perspective and includes all employee data. HCM-File Features: Calculation ■ Completes Employer form 1094-B or C ■ Batch completes Employee form 1095-B or C ■ Completes Section III for self-funded plans ■ Calculates employee count monthly and#of forms for 1094-B or C ■ Generates Summary Report In Excel Built In Logic and Security ■ Determines Correct Indicator Codes ■ Streamlines Process ■ Reduces Errors ■ Assigns Correct Plan Effective Dates ■ Interprets Safe Harbor and Transition Relief Designations ■ Multi-level security for personal information ■ Data at rest at the database level ■ Encrypted logins and data management process 6 1094/1095 Delivery Options HCM offers a variety of methods for clients to retrieve 1094 and 1095 B or C forms. For clients who have a smaller number of forms,it is easy to download the PDF of each form in real time. Employee forms can be printed on regular copy paper and do not require any special form for printing. Making changes to employee forms is easy. Simply make the change in the workbook and it will automatically update the form in our system. HCM also offers an Excel report that can be used for mail merge and printing purposes. Employers may choose our mail/eFile bundle and offload the entire employee form distribution process to us. Employee forms are mailed in a secure, pressure sealed envelope directly to employees' homes. All filing to the IRS is done electronically, including the initial filing and any post-filing corrections. � n a ...�.#k...,.�. .....$4 03C :w.. Mx j w,x Downloadable Downloadable Mailed to eFile with the In PDF in Excel. Employee IRS Download 1094 and 1095 B You have access to all of your Upon request HCIA File vvi9 HCM File will electronically file or C forms aryiime Available 1095 form data at any time in mail your 1095 forms to your 94.95 inforrnatior.with in batch or by individual a comprehensive MS Excel employees homes using the IRS and supportan employee. report pressure sealed envelopes. electronic corrections process. Advanced sorting and mailing is utilized. 7 User Experience HCM File is designed for expedient creation of 6055 and 6056 reporting with minimal amount of work for the client. EmployeeTech will implement the filing using a streamlined process,accounting for key factors in the creation of the tax forms.The information required for the census upload(the second step) is normally produced by payroll or benefits systems reporting.Additional information may be also be added, depending on the specific needs of the employer. All work for the current reporting can be saved and reused in subsequent years, saving time and effort. HCM File Customer Portal Each client will have their own customer portal where they can login, review employee forms, run and print reports and generate their eFiling and print/mail distribution,all from the same place.Access to this portal is through a private and secure login process. HCM File Workbook HCM File utilizes a simple MS Excel workbook to upload the employee demographic and coverage data. After uploading the workbook, HCM File determines the correct codes for forms 1094-B or C and 1095-B or C. The main requirements for the data are focused on the following key dates: ■ Date of Hire ■ Effective date of health coverage ■ Date of waiver ■ Termination or change dates mono y Choose an ane 0 .;.. NCM 241 'AP 7, 1. Covenpe COMM First Name MI last Name SO, Employee 10 SSN Addr l Add,553 lanai. O tMn ST Cade N iKf11 Be Int Walee Ds 1Mn 1 Samoie 351-53-9696 1.15 Mam'Ytrtr A.OW 16 60001 1 UV2013 1/1/3016 This information can be generated from a payroll, HRIS or health insurance carrier report and combined to populate the workbook.Workbooks are generally uploaded twice during the year; once during the initial test and a second time prior to filing. 8 HCM File Summary Report Prior to filing with the IRS,we recommend clients review employee 1095-B or C information for accuracy. Our Summary Report makes it easy by providing a corporate view of all company and employee data in a concise MS Excel format.This report includes all of the data on the 1095-B or C forms including indicator codes and plan cost information on lines 14-16 of the 1095. 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Last minute edits and corrections can easily be made in real-time. UDlwd Now Creel Overnr/041g old _ Paw ,sEMPLOYER INFO ": GIWw�Rta'No fie cltnan DMplayh i b ,J�pb9—Pat Pal CLASSES EMPLOYEES -jMMM­ e Name CWS Dab of Wire 1 chade Jones 1 0111505 EdR Delete Review Firm Pm(Form 2 Pete Smith 11/15115 Ea Del Review Fpm Phil Form � 1 9 Andy Ake 1 03+7191 E*R Dela* Review Fpm Pmt Form J Esmeralda Cook 1 08113191 EdR Delete Review Fall Print Form 5 Ill Thornbe4ry 1 091,14/91 Edit Debk Review Form Pmt Form 6 ARM Kenna 1 011115M5 EOR 0el[le Review Fpm Print Fpm T Sage Orth 1 01115!15 EOR Delete Review Fa6m Print Form 8 Tanw la Cahn 1 03121,191 Edit Delete Retnew Fpm Pent Form 9 Tnda Domenech 1 0811391 EdR De3ete RevWW Fpm Pmt Form 10 Mac Swakn 1 09111194 Edit Delete Review Farm Pmt Fong 9 HCM File Process and Support While HCM File only requires a single upload of data to create and reporting at the end of the plan year, there are steps involved in the planning process that will get you ready for the reporting well ahead of the tax reporting requirements. HCM File Timeline ■ 4 !� 0�_ Client Set-up Testing Deliver Forms IRS eFile Corrections Clients will be assigned a dedicated Account Manager to support them from the outset,all the way through the implementation process, including data requirements and tax filing guidance. The HCM process works most effectively when the Account Manager,Client,and the Client's Benefits Advisor work together to complete the Workbook.The steps in this process are detailed below: EmployeeTechInitial Engagement Client Stage Client Setup F R Client works with EmployeeTech EmployeeTech works with the client during dedicated Account Manager in the initial data gathering stage,and advises account setup, including client client on selections. Account Manager may contact information and drive entire set up process. configuration of health plan details. EmployeeTechTesting Stage Client Data Collection The client will complete the EmployeeTech Account Manager will assist the Census Workbook with employee client through the process of completing the census including hiring and census workbook. coverage dates for employees. Dependent census is also completed, if applicable. Data 1Pa111datio The client will either load the EmployeeTech will conduct a review call when census file or send to Account workbook is complete, provide next steps and Manager for loading. Data will timeline,and answer questions on the project. be validated upon loading. EmployeeTech will review the HCM File summary report with the client to identify any gaps in the data. 10 Testing Stage Client EmployeeTech Corrections to data Client will make necessary EmployeeTech will work with the client to changes to census and either re- make any relevant changes to the workbook. upload into HCM File or send to EmployeeTech can upload new census Account Manager. workbook with changes. Forms Delivery . . Stage Distribution of 1095 Once the reporting is complete EmployeeTech will support client technical C forms to the client will log into to system questions and overall support concerning HCM employees and download forms at no cost, File. or initiate the mailing of 1095-B or C forms to employee's home. Reprints and For reprints,the client will log EmployeeTech will offer support concerning corrections into HCM File to access reprints HCM File reprints and corrections. and update employee information for revisions to the form. IRS eFile Stage Client . . Electronic filing Client will initiate their filing with EmployeeTech will support client technical with the 1R5 the IRS directly from the HCM questions and overall support concerning HCM Portal, at no additional cost. File. Corrections Stage Client EmployeeTech Distribution of 1095 Client will respond to all IRS EmployeeTech will support client technical C forms to requests for corrections or questions and overall support concerning HCM employees refilings,through the HCM File File. system.Corrections can be made directly through the HCM Portal at no additional cost. 11 Pricing HCM Full Service Model—The HCM Account Manager supports the client throughout the entire process from Initial discovery and account set-up,through workbook completion,data upload, filing,and post-filing corrections: Accou!Set-Up and Testing • Assigned ACA Account Manager(ongoing) • Data Validation • Client Advisory(ongoing) • Unlimited Workbook Updates • Initial Discovery Session • Summary Report Review • Client class structure and design • Client login and support Forms DistributTon and eFf Ing • 1094 Forms Completion(B or C) • Downloadable Forms • 1095 Forms Completion(B or C) • Electronic IRS Filing(B or C) F-End MR5u�port • IRS Audit Assistance • Online Corrections supportAnnual Service (includes Implerheritation And on- Ing 90 Included services in above table 1 EIN(s),Up to 82501095 forms $18,500.00 Later Implementations(%increase by date) 20% After 10/1 This date is determined by when the contract payment is 30% After 11/1 received. 50% After 12/1 Print Mail and Postage—Pricing is per employee and is $1.50 Perform. based on total number of 1095-B or C forms or 1095 B forms delivered at tax time.Mailing fees are estimated and will be reconciled post filing.Additional amounts may be due. Additional Services EmployeeTech Data Consulting Services.Includes:Data Additional consulting will be provided at the rate of manipulation for File Preparation Workbook,support for $150/hr payroll data. 12