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HomeMy WebLinkAboutContract 32481NO. AGREEMENT FOR UNEMPLOYMENT COST MANAGEMENT SERVICES This Agreement is entered into by and between THE CITY OF FORT WORTH (hereinafter referred to as the "Client' or the "City') which is situated in parts of Tarrant, Denton, and Wise Counties, Texas, and CORPORATE COST CONTROL, INC. (hereinafter referred to as the "Company"), whose corporate offices are located at 9550 Forest Lane, Suite 300, Dallas, Texas 75243. Company shall provide the following Unemployment Compensation Management Services under the terms of this agreement for: CLIENT NAME CITY OF FORT WORTH 1000 Throckmorton St Fort Worth, TX 76102 ACCOUNT NUMBER(S) TX It is clearly understood that none of the services provided for under this Agreement shall in any way imply or constitute the offering or the providing of legal services or opinions. It is also understood that the services provided by the Company are dependent upon the timely transmittal by the Client to the Company of all unemployment claim notices, forms and other pertinent claim or tax information sent by the state agencies to the Client. The parties agree that the Client's claim notices will be sent directly to the Company from the appropriate state agency or the Texas Workforce Commission (TWC). UNEMPLOYMENT COST MANAGEMENT SERVICES PART I -- Claims Management 1.1 The Company shall process for the Client all unemployment compensation claims, at all levels of protest or appeal, for the account(s) under contract, dealing directly with the state agencies on behalf of the Client. 1.2 Company shall provide hearing guidance and hearing participation to the Client in determining the proper individual, necessary documentation and other pertinent guidelines to best assist the Client in all appeals hearings before all state agencies. It is recognized that the Client has sole discretion as to the final action taken and the state agencies as to final jurisdiction. 1.3 This agreement shall be effective from November 1, 2005 to October 31, 2006. The Client shall make two semi-annual payments in the amount of $2,100.00. The Client shall have the option to renew this contract annually for the next four (4) years. Unless otherwise agreed in writing by the parties, all renewals shall be at the same payment amount of two -semi annual payments of $2,100.00. PART II -- Education Management 2.1 The Company shall conduct one educational seminar per year for the Client to educate management and supervisory personnel about rules and regulations Corporate Cost Control, Inc. Unemployment Compensation Administration Agreement �v�cd J�Sv6�:U DI City of Fort Worth, Human Resources RE AP ll Page 1 of 7�L� ��i�o pertaining to a claimant's unemployment compensation eligibility, progressive discipline, documentation, potential tax liability, and other valuable guidelines to help protect the Client against unwarranted unemployment claims and benefit charges. The seminar may be substituted for another subject at the Client's request. This seminar will be scheduled at a mutually convenient time and of appropriate duration. Should the Client request an additional seminar(s), a flat fee for the training, as well as travel expenses, will be negotiated at that time. 2.2 The Company shall consult with the Client, whenever necessary or requested to do so, to advise on procedures pertaining to the control and reduction of unemployment tax liability. 2.3 The Company shall inform the Client of significant changes to unemployment compensation laws, regulations, and interpretations thereof. 2.4 The Company shall review the Client's existing written policy handbook, manual or rules, at the Client's request, to provide guidance and information that pertains to the control and reduction of unemployment compensation liability. 2.5 The Company shall present to the Client a written management report on both a semi-annual and annual basis. The report shall describe the unemployment activity in the Client's account(s) and results of the Company's services for the Client. PART III -- Audit Management 3.1 The Company shall initiate and maintain an audit of the Client's unemployment benefit charges. The audit shall consist of the validation of all benefit charges to the Client's account(s) and the corresponding unemployment claims; checking for erroneous, incorrect and unwarranted charges. The Company shall file, for the Client, all necessary requests, protests and appeals for credit to the Client's tax account(s) with the appropriate state agency departments for all erroneous, incorrect and unwarranted charges uncovered in the audit. PART IV Standard Terms and Conditions 4.1 Indemnity: Company shall defend, indemnify and hold harmless the City of Fort Worth and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property due to any negligent act or fault of the Company, or of any agency, employee, sub -contractor or supplier in the execution of, or performance under this Agreement. 4.2 Period of Performance: The RFP #05-0158 and the Company's response to the RFP shall remain in effect until the contract expires, or until delivery and acceptance of products and/or performance of services ordered is complete. Further, the City of Fort Worth may cancel this contract without expense to the Corporate Cost Control, Inc. Unemployment Compensation Administration Agreement City of Fort Worth, Human Resources Page 2 of 7 City in the event that funds have not been appropriated for expenditures under this contract. 4.3 Right to Assurance: Whenever the City has reason to question the Company's intent to perform, the City may demand that the Company give written assurance of Company's intent to perform. In the event a demand is made, and no assurance is given within ten calendar days, the City may treat this failure as an anticipatory repudiation of the contract. 4.4 Cancellation: The City shall have the right to cancel this contract immediately for default on all or any part of services not yet rendered if Company breaches any of the terms hereof or files for bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies that the City may have in law or equity. 4.5 Termination: The performance of work under this contract may be terminated in whole or in part by either party, with or without cause, at any time upon the delivery to the other parry of 30 days advance written "Notice of Termination" specifying the extent to which performance of work under the contract is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of rights of the City as set forth in clauses 4.2, 4.3, and 4.4 herein. 4.6 Assignment — Delegation: No right, interest or obligation of Company under this contract shall be assigned or delegated without the written agreement of the City. Any attempted assignment or delegation by Company shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 4.7 No Waiver: The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 4.8 Modifications: This contract can be modified or rescinded only by a written agreement signed by both parties. 4.9 Entirety of Agreement: This written document, including any documents attached hereto or incorporated herein by reference, contains the entire understanding and agreement between the parties, assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provisions of this Agreement. The terms and conditions of this Agreement shall not be amended unless agreed to in writing by both parties. 4.10 Applicable Law / Venue: This Agreement shall be governed by, construed and enforced under the laws of the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. Corporate Cost Control, Inc. Unemployment Compensation Administration Agreement City of Fort Worth, Human Resources Page 3 of 7 4.11 Independent Contractor: Company shall operate hereunder as an independent Company and not as an officer, agent, servant or employee of the City. Company shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and sub -contractors. The doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, employees, subcontractors and sub -contractors. Nothing herein shall be construed as creating a partnership or joint enterprise between the City and Company, its officers, agents, employees, contractors and sub -contractors. 4.12 Force Majeure: If, by reason of force majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this agreement, such party shall give notice and full particulars of such force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, except hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable diligence. 4.13 Conflict of Interest: The Company agrees that no member of the governing body, officer, employee or agent of the City shall have any interest, financial or otherwise, direct or indirect, in the Contract, in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5, Subtitle Co., Chapter 171. 4.14 Laws, Statutes and Other Governmental Requirements: Company agrees that it shall be in compliance with all applicable laws, statutes, and other governmental provisions prevailing during the term of this agreement. 4.15 Right to Audit: Company agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Company involving transactions relating to this Agreement. Company agrees that the City shall have access during normal working hours to all necessary Company facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Company reasonable advance notice of intended audits. 4.16 Sub Contractors: Company further agrees to include in all its sub -contractor agreements hereunder a provision to the effect that the sub -contractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such sub -contractor, involving transactions to the subcontract, and further that the City shall have access during normal working hours to all sub -contractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. Corporate Cost Control, Inc. Unemployment Compensation Administration Agreement City of Fort Worth, Human Resources Page 4 of 7 The City shall give sub-contractor(s) reasonable advance notice of intended audits. 4.17 Copies: Company and sub -contractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Company or sub- contractor for the cost of copies at the rate published in the Texas Administrative Code or other governing law n effect as of the time copying is performed. 4.18 Notices to Parties: Notices addressed to the City pursuant to the provisions herein shall be conclusively determined to have been delivered at the time same is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to Purchasing Manager, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102, and notices to Company shall be conclusively determined to have been delivered at the time same is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to Corporate Cost Control Inc., 9550 Forest Lane, Suite 300, Dallas, Texas 75243. 4.19 Severability: In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 4.20 Fiscal Funding Limitation: In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this contract, then the City will immediately notify Company of such occurrence and this contract shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 4.21 Public Information: Company understands and acknowledges that the City is a public entity under the laws of the State of Texas, and as such, all documents and data held by the City are subject to disclosure under Chapter 552 of the Texas Government Code, the Texas Public Information Act (the "Act"). If the City is required to disclose any documents that may reveal any Company proprietary information to third parties under the Act, or by any other legal process, law, rule or judicial order by a court of competent jurisdiction, the City will utilize its best efforts to notify Company prior to disclosure of such documents. The City shall not be liable or responsible in any way for the disclosure of information not clearly marked as "Proprietary / Confidential Information" or if disclosure is required by the Act or any other applicable law or court order. In the event there is a request for such information, it will be the responsibility of Company to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will be decided by the Office of the Attorney General of the State of Texas, not the City. Corporate Cost Control, Inc. Unemployment Compensation Administration Agreement City of Fort Worth, Human Resources Page 5 of 7 4.22 Disability: In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Company warrants that it and any and all of its sub- contractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Company or any of its sub -contractors. Company warrants it will fully comply with ADA provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or sub -contractors against City arising out of Company's and/or its sub -contractor's alleged failure to comply with the above -referenced laws concerning disability discrimination in the performance of this agreement. 4.23 Insurance: Company must provide a certificate of insurance documenting the following insurance coverage: a. Professional Liability Insurance $300,000 eachr claim b. Commercial General Liability Insurance $500,000 each occurrence The City of Fort Worth shall be endorsed as an additional insured as its interests may appear under this Agreement. PART V - Miscellaneous 5.1 Information made available to the Company is considered confidential. The Company will not use any information submitted by the Client for any reason or purpose other than those intended by the agreement. Any release of information by the Company to any entity other than a State Agency will be at the sole discretion of the Client. 5.2 This contract abides by and is per the specifications and requirements as outlined in the RFP #05-0158, which Section III Scope of Work and Special Conditions of Client's proposal and Company's response thereto are both attached as Exhibit "A" and hereby incorporated into this Agreement for all purposes herein. [Signature Page Immediately Follows] Corporate Cost Control, Inc. Unemployment Compensation Administration Agreement City of Fort Worth, Human Resources Page 6 of 7 IN WITNESS WHEREOF, the parties herd have executed this Agreement in multiples this 11 day of , 200 51- CITY qF FORT WORTH - By: Ecacto ssistant City Manager Date: k D lLg o i� ATTEST: By: C\A City Se/c tary Date: l D / 14 I D� M&C: None required CORPORATE COST CONTROL, INC.: Bit: �(-� Ste_ e,L C (Signature) /Titles\ AppRnvFn AS TO FORM AND LEGALITY: By: V(a' - Assistant City Attorney Date: I i .2" �1 Corporate Cost Control, Inc. Unemployment Compensation Administration Agreement City of Fort Worth, Human Resources Page 7 of 7 Exhibit "A" E. FoRT oRT PURCHASING DIVISION REQUEST FOR PROPOSAL (RFP) UNEMPLOYMENT COMPENSATION ADMINISTRATION FOR THE CITY OF FORT WORTH HUMAN RESOURCES DEPARTMENT No.: 05-0158 Issued: MAY 25, 2005 PROPOSAL SUBMISSION DEADLINE: ******* JUNE 16.2005 by 1:30PM CST******* NO LATE PROPOSALS WILL BE ACCEPTED (Purchasing Division's Clock shall be the official clock) PROPOSALS SHALL BE DELIVERED TO: CITY OF FORT WORTH PURCHASING DIVISION LOWER LEVEL / SOUTHWEST CORNER 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 NO PRE -PROPOSAL CONFERENCE FOR ADDITIONAL INFORMATION CONCERNING THIS RFP PLEASE CONTACT: Kevin Karle, Senior Buyer Phone (817) 392-8356 Fax No (817) 392-8440 Email kevin.karle@fortworthaov.orq City Website: www.fortworthgov.org ******************************************************** RETURN THIS COVER SHEET WITH PROPOSAL Acknowledgment of Addenda: #1 #2 Robert Combs Purchasing Manager PROPOSALS SHALL BE MAILED TO: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 NAME/ADDRESS OF COMPANY SUBMITTING PROPOSAL: Phone: ( I ) Fax: ( ) Email: Signature: Printed Name: #3 #4 #5 III SECTION III — SCOPE OF WORK AND SPECIAL CONDITIONS 1.0 Introduction: Background Information 1.1 The City's Unemployment Compensation Program (UCP) is self -funded. Authorized by Texas State law to function as a "reimbursing agency", the City reimburses the Texas Workforce Commission (TWC) on a quarterly basis according to respective costs for which it is responsible as an employer. The City's Employee Relations Manager, under the direction of the Director of the Human Resources Department carry out all related functions of the UCP. The City of Fort Worth retains all rights of defense internally. But if the City determines that the engagement of outside legal counsel is desirable, recommendations of prospective bidders are hereby solicited. 1.2 Statistical Data 1.3 For the past few years, the City has employed between 5,800 and 6,200 permanent (versus temporary) persons. 1.4 UCP quarterly reimbursements to TWC, formerly known as the Texas Employment Commission (TEC), from January 1, 2002 through December 31, 2004 were as follows: 1.5 Year 1 st Qtr* 2"d Qtr** 3rd Qtr*** 4`h Qtr**** Total 2002 $70,136.60 $92,069.91 $101,413.62 $96,814.56 $263,620.13 2003 $70,146.10 $97,868.05 $116,803.44 $72f966.40 $357,783.99 2004 $81,161.57 89,623.56 $101,522.37 $91,278.62 $363,586.12 * . 1"t Qtr=January through March with April Billing ** 2"d Qtr=April through June with July Billing *** 3'd'Qtr=July through September with October Billing complying with its contractual obligations. **** 4`h Qtr=October through December with January Billing 1.6 The unemployment claim activity for the past three (3) years is presented below: 1.7 # Claims # Claims # Claims # Claims #. Claims Year Filed Protested Won Lost Pending 2002 248 140 105 20 15 2003 202 149 92 23 34 2004 189 156 110 34 8 1.8 By submitting a proposal to provide unemployment compensation administrative services, vendors shall agree that unintentional errors or omissions on part of the City as respects historical statistical data provided herein shall not be grounds to exempt selected vendor from complying with its contractual obligations. 2.0 Scope of Work: Unemployment Compensation Administrative Services Requested 2.1 The City of Fort Worth is soliciting proposals for the subject services to be effective on or about July 51h 2005. 2.3 Proposers are to provide responses to the following items, describing how the following aspects of related service will be managed and state costs, as applicable: 3.0 Records Management: 3.1 The method the City will uses to access its files/records, e.g., on-line computer access or other means. 3.2 Disposition of records at end of claim. Address whose archives, where retained, form of retention, e.g., microfilm, computer disk, hard copy, or other. 3.3 Disposition of records at end of claim. Address whose_ archives, where retained, form of retention, e.g., microfilm, computer disk, hard copy, or other. 4.0 Legal Services — Address the firm's approach to retention of legal services. 4.1 The City of Fort Worth reserves the right to defend litigation claims involving unemployment compensation matters. However, in the event the City determines outside legal counsel is desirable, describe the support you can provide in retaining and managing outside legal counsel. 4.2 Determination of fees and whether payment for services would be made by the City directly to legal counsel or to proposer. 5.0 Administration of Claims: 5.1 Determining whether claims are compensable under Texas law. 5.2 Asserting the City's controversion of non -meritorious claims. 5.3 Investigating each claim sufficient to make a recommendation to the City's unemployment compensation representative. This may include reviewing City personnel files. 5.4 Reviewing all claims and appeals for all contested and non -contested claims, including contact with the TWC. Proposers shall address their approach to: 5.4.1 Providing the City assistance with pre -hearing preparation. 5.4.2 Appealing adverse decisions 5.4.3 Requesting hearings 5.4.4 Dealing with Texas Workforce Commission Appeals 5.4.5 Appeal Tribunals 5.4.6 Processing all appeals and responses 5.4.7 Evaluating claims of extended duration in terms of applicable statutory provisions to determine continued availability of claimant benefits and availability of claimant for employment. 5.4.8 Reporting unusual, prolonged or problems claims to the City and propose measures for handling such claims. 5.4.9 Ensuring the overall lowest possible costs to the City's UCP. 6.0 Administration of the City's Unemployment Compensation Account shall include: 6.1 Auditing each claim account for accuracy of payments and compliance with statutory regulations 6.2 Auditing all periodic statements of benefit charges and administration fees invoiced by the Texas Workforce Commission. 6.3 Ensuring correction or errors in payments to claimants. 6.4 Maintaining financial records of benefit charges and adjustments to the City's unemployment account. 7.0 Consulting and Advisory Services: Regarding the City's Administrative Procedures: 7.1 Methods and procedures to control and reduce unemployment compensation costs. 7.2 Provide City with current information on applicable laws and regulations that mandate revisions in City policies and procedures regarding: 7.3 Review and recommend development or revisions to the City's policies and procedures to maintain compliance with statutory regulations and minimize costs. 7.4 Provide ad hoc reports to the City, in a form acceptable to the City, as requested by the Unemployment Compensation representative, based on TWC quarterly and annual reports on claims and costs pertaining to the City of Fort Worth. 8.0 Specialized Training: 8.1 Provide periodic educational seminars for supervisors and others designated by the City. 8.2 Describe any newsletter or other publications your company produces and the periodic or intermittent basis of it. 9.0 Contact: The successful proposer will be required to enter into execute and execute a valid contract agreement incorporating all items as listed in Section I, Paragraph 14. 9.1 The contract awarded from this bid shall be a service contract based on the scope of work stated in Section III. The agreement shall begin upon the date of approval by the Fort Worth Purchasing Manager. This agreement may be renewed at the same terms and conditions for up to four (4) successive one-year terms, by mutual agreement of the parties. 10.0 Proposal Format: Prefacing the proposal, the proposer shall provide an Executive Summary of three (3) pages or less, which gives in brief; concise terms, a summation of the proposal. The proposal itself shall be organized in the following manner: 10.1 Part One: Executive Summary 10.2 Part Two: Agreement/Acknowledgment of Terms Acceptance of Standard Terms and Conditions form Acknowledgment of addenda, if any issued. 10.3 Part Three: Information Regarding the Proposer 10.4 A completed Request for Information Form (Pages 11 of this RFP) including at least five references that are willing to attest to the types and quality of administrative services performed by the proposer as such relate directly to the discharge of the duties assigned to the Administrator by the City. The name of the account, the address, the telephone number and the contact's name and title should also be provided. The accounts used as references shouldbe of similar size to the City and should have an unemployment compensation program administered by the proposing firm. 10.5 A description of the resources within your organization that qualify it to perform the services listed under Section III. 10.6 The personnel to be assigned to service the City and a description of their experience in serving accounts such as the City's. 10.7 Identification of owners and disclosure of how the company is organized. If the company is a wholly owned subsidiary or a division of another company, please explain. 10.8 A statement of how long you have been providing the services solicited by the City. 10.9 A description of any adverse action your organization has experienced as the result of its administration of unemployment compensation programs. Such adverse action might include litigation and/or complaints filed with the Texas Department of Insurance (TDI) or TWC. 10.10 A description of the types and limits of liability insurance that you maintain. See the insurance requirements listed in Part 11.0 of this section. 10.11 A description of any bond covering company employees. 10.12 A description of your plan to inform and educate City employees concerning the UCP. 10.13 A description of your plan to inform and educate City employees concerning the UCP. 10.14 Sample forms, communications materials, plan documents, reconciliation reports, and annual reports. 10.15 Name of agent or representative of the Administrator. 11.0 Insurance Requirements: The successful proposer must provide a certificate of insurance documenting the following insurance coverages: 11.1 Professional Liability Insurance - $300,000 each claim. 11.2 Commercial General Liability Insurance - $500,000 each occurrence. The city of Fort Worth shall be endorsed as an additional insured as its interests may appear under the contract with the City resulting from this RFP. 11.3 Valuable Papers (including electronic records) property insurance - $100.000 per claim. This coverage is to include the cost of researching data to duplicate records. 11.4 All insurers shall be acceptable to the City of Fort Worth and shall be authorized to do business in the State of Texas. 12.0 Competitive Selection: This procurement will comply with applicable City of Fort Worth policies. The successful Contractor will be selected by the City on a rational basis. Evaluation factors outlined in Paragraph 13.0 below shall be applied to all eligible, responsive Contractors in comparing proposals and selecting the successful proposer. Award of a contract may be made without discussion with Contractors after proposals are received; therefore, proposals should be submitted on the most favorable terms. 13.0 Proposal Evaluation Factors: Evaluation criteria for this agreement are listed below in descending order of importance with item 13.1 representing the most important factor and item 13.4 the least important. Total points possible is 100, with criteria weighted according to the following points scheme: 13.1 Administrative fee costs 13.2 Qualifications of proposers 35 points 30 points 13.3 Comprehensiveness of services and terms of agreement 25 points 13.4 All solicited services under one Single Administrative Services Agreement 10 points Total 100 points c; REQUEST FOR PROPOSAL (RFP) UNEMPLOYMENT COMPENSATION ADMINISTRATION FOR THE CITY OF FORT WORTH HUMAN RESOURCES DEPARTMENT No.: 05-0158 PROPOSAL SUBMISSION DEADLINE: ******* JUNE 16. 2005 by 1:30PM CST******* or CORPORATE COSTCONTROL, INC. Lo C�� Executive Summary C RFP Unemployment Compensation Administration For the City of Fort Worth Human Resources Department No: 05-0158 Section III 3.0 Records Management 3.1 Corporate Cost Control has several different methods in which its Clients can retrieve claims activity information. Our most accessible is called "web based reporting" in which a Client has a username(s) and password and can retrieve any activity for any time period. The Client can also enter a social security number and find the specific claim they may be looking for. Clients can also contact their CCC Account Executive for copies of any state related documents that CCC might receive on the Client's behalf. 3.2 As claims and documents are received in-house via state agency or Client, CCC keeps all Client info (claims and related documents) for a 3 year maximum. At the end of the 3 years, those files are shredded by a local shredding company. Client can request any hard copies at any time. Claims entered into and handled out of the system will remain there for 10 years. 3.3 Dupe question- answer is above in 3.2 4.0 CCC has a Labor Law attorney available if need be. We have referred him to Clients as well as have used him for in-house issues. As our services do not include legal advice, we rarely use his services. 4.1 If ever a situation should have the potential of becoming more of a legal issue rather than an unemployment issue, we will advise Client to discuss with their own attorney, or we can refer our labor law attorney to them. CCC is not responsible for any legal fees incurred by Client. 4.2 Legal fees would be negotiated between Client and the attorney. We would only offer attorney names. 5.0 Administration of Claims 5.1 5.2 5.3 5.4 CCC will respond to all claims with the information provided by the Client. As TWC will make the decision on payment, CCC will guide and educate Client on unemployment matters and unemployment laws. CCC will investigate and prepare completed and accurate responses for all claims. CCC will appeal all adverse decisions and coach and 6.0 6.1 6.2 6.3 6.4 participate in all hearings. Our sole priority is to manage the UC account and provide the most effective service while saving the City the most money. Administration of the City's Unemployment Compensation Each claim is monitored by CCC in accordance with TWC regulations. Once CCC receives the Benefit Charge Statements, we will review each charge to ensure accuracy. Erroneous errors will be protested by CCC. If CCC can help in the process of claimant payment errors, we will be glad to assist. However most of the time, this is a state agency issue. CCC will maintain an accurate list of all TWC bills once the annual service has begun. 7.0 Consulting and Advisory Services 7.1 CCC provides ongoing consultation for all Clients in regards to handling employee related issues as well as HR issues. CCC will also provide one management training seminar per contract year to discuss the unemployment basics, as well as hiring, firing and documentation procedures. 7.2 As TWC laws and precedents change, CCC will distribute that information to all Clients. 7.3 CCC will review current policies and procedures and will make recommendations to the Client to better those policies. 7.4 CCC has Web based reporting available in which the Client can retrieve any information needed regarding their account at any time in a report form. CCC can also provide paper reports as needed. 8.0 Specialized Training 8.1 Each Client contract calls for one seminar per year. CCC can provide additional seminars at a negotiated fee (usually around $250 per seminar) 8.2 CCC sends out an end of the year newsletter that includes training items that Clients can benefit from 9.0 Contract 9.1 Please see enclosed copy of CCC contract. 10.0 Proposal Format Please see enclosed information including Part 1, 2 and 3 10.4 Enclosed 10.5 Corporate Cost Control, Inc. is a National unemployment tax cost management corporation headquartered in Dallas, Texas. We are the largest Texas -based unemployment management service and are committed to providing our Clients "Excellence in Value and Service" while helping them to significantly reduce their unemployment costs. Our priority is to maximize profitability for our Clients by providing an interactive, proactive, and highly effective service. C- As employment law is a crucial area in the workforce, Corporate Cost Control, Inc. additionally offers consultation support services to Clients relating to other Human Resource issues. We also offer services such as creating written job descriptions and customized company policy manuals, as well as additional management training in areas such as FMLA, EEO, and Sexual Harassment in the workplace. 10.6 We employ Professional Account Executives with past State Unemployment Agency experience. Our qualified and knowledgeable professionals have literally worked in the fields of the "Unemployment arena", for a combined total of over 200 years of experience. They have brought that hands-on experience to our Company, with the sole objective of training and educating our Clients on the Unemployment system and how it can work to benefit our Clients. As we employ previous Texas Workforce Commission law adjudicators (investigators), Human Resource generalists, as well as previous third party administrator Account Executives, we bring an advantage to the table for all Employers that our competitors cannot. Please see the enclosed bio of your selected Account Executive, James Norman. 10.7 Clayton P Weidman, majority owner Susan Crosby, minority owner Private corporation 10.8 CCC is in its 10 year of business. 10.9 We have had no adverse actions issues or no complaints filed with the TWC or the TDI. 10.10 CCC uses HCC Specialty Insurance Comp for our Errors & Omissions insurance and uses Hartford Insurance for our General Liability insurance. 10.11 There are no bonds covering CCC employees. 10.12 When the proposal is accepted, CCC Account executive, James Norman, will contact designated City personnel to design an introduction plan for City employees who need to be aware of the change. In the past, we have developed an introduction letter with all of the pertinent info and have emailed out to all employees who need to know who we are and what we do. James and the designated City person will discuss specifics such as address of record issues, email and fax information, etc., 10.13 Dupe question, same as above 10.14 Please see enclosed sample report and sample written warning form. 10.15 Susan Crosby, President James Norman, Account Executive 11.0 Insurance Requirements If proposal is accepted, CCC will provide a copy of the insurance. C' Agreement/Acknowledgment of Terms Acceptance of Standard Terms FoRTWORTH PURCHASING DIVISION REQUEST FOR PROPOSAL (RFP) UNEMPLOYMENT COMPENSATION ADMINISTRATION FOR THE CITY OF FORT WORTH HUMAN RESOURCES DEPARTMENT No.: 05-0158 Issued: MAY 25, 2005 PROPOSAL SUBMISSION DEADLINE: ******* JUNE 16. 2005 by 1:30PM CST******* NO LATE PROPOSALS WILL BE ACCEPTED (Purchasing Division's Clock shall be the official clock) PROPOSALS SHALL BE DELIVERED TO CITY OF FORT WORTH PURCHASING DIVISION LOWER LEVEL / SOUTHWEST CORNER 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 NO PRE -PROPOSAL CONFERENCE FOR ADDITIONAL INFORMATION CONCERNING THIS RFP PLEASE CONTACT: Kevin Karle, Senior Buyer Phone (817) 392-8356 Fax No (817) 392-8440 Email kevin.karleO-fortworthoov.oro City Website: www.fortworthgov.org RETURN THIS COVER SHEET WITH PROPOSAL Acknowledgment of Addenda: #1 #2 PROPOSALS SHALL BE MAILED TO: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 NAME/ADDRESS OF COMPANY SUBMITTING PROPOSAL: cl 5 So :F.. r t-s -- L„j ff 30 0 -!:) p 11as x --? 57 Q3 Phone: (2 14) 34o -343y Fax: (214) 3q6- qKv S 5c'os"i Zc, Email: Signature:, r Printed Name: S�SAN ��osBy #3 #4 #5 Robert Combs Purchasing Manager PAGE 1 OF 11 14.0 REQUEST FOR INFORMATION REGARDING UNEMPLOYMENT COMPENSATION ADMINISTRATIVE SERVICES COMPANY Name of Company: CA-)RPo2-A i�Ds-f Corporate Address: '15 5 o ro r e-s + Location of office in Fort Worth area, if different from above: Telephone: -- t 4- 3 4 G- 143 `t Principal/Account Executive: �A r s N O r nA.A O Primary Assistant: t) Lt S,n K j a Account Executive Qualifications: Number of Governmental Entity Clients: �L5 Number of Other Clients: 3 0 Length of Time with Company: Length of Service in this business: ProfessionaVAssociate Designations/License/Certification: Company Qualifications: (Note: Respond for this office or branch only.) Date Founded/Opened: Total Number of Employees: 1 5 Number of Governmental Entity Clients: 2-5 u Years 2-S +Years Cs te. A ++A IAA t O �o Approximate Total Number of Clients: (. c o Please enclose any company brochures, annual reports and other relevant information you would like the City of Fort Worth to consider in the course of making its decision on a selected vendor. References Industry: Governmental Entity Individual Firm Phone Account Executive Z �TI.o nA.A 5 ( -� o'F 5A J � I%'- Zlv-2A7-2o 13 rw�s �a � nti�✓ 1,.Sp qll.. 45-1 3o70 .JA,..S 1Jdt...ov.-i 1� A 4,L r v Pi Lks r 2 v C�A-q o -F l9-< <. (' (-�sr - 0 1-X `i (o to 3 o R a r mA-v— Other Industries: Firm �APo(joGro \ Phone Account Executiv/<<-"e� IIlJIndividual ILAf ! :F,65 % (AwV ofFkv. 1 4 1 o - 557- 10 L, Ie-e J M-e- 3�� 0. ator' S o M94-4rc55 6)40� -0;L 391 2'Lo,z. CnA Ho Ncrr-h ��Mak1i1�/.c1 Lua4 �elsrrot�.e�tr� 2t0- `lql-3�40 l41 F1�7-f+ iJAjerPr�(Z. 11 OF 11 TEXAS WORKFORCE COMMISSION ATTN: STATUS UNIT 101 E 1571-1 STREET AUSTIN TX 78778-0001 THE STATE OF TEXAS THE COUNTY OF: REVOCATION OF POWER OF ATTORNEY (To revoke power of attorney previously granted and on file with the Texas Workforce Commission) BY THIS INSTRUMENT, CITY OF FORT WORTH, an employing unit which is a government agency, whose address is 1000 THROCKMORTON, FT, WORTH,TX 76102, has revoked and revokes, recalls and makes void that Power of Attorney heretofore granted to TALX, to represent said employing unit in its relations with the Texas Workforce Commsslon. City of Fort Worth (Name of business or employing unit - Grantor) By: (Owner, partner or officer) Date: D I {,� to b SUBSCRIBED AND SWORN to before me on this the day of :ti,Rr r., SYLVIA D. GLOVER '' MY COMMISSION EXPIRES j, d x.'x September 10, 2000 Notary 9blic in and for County of -2d`/4XS1- State of c,� To the Employer: This revocation of the power of attorney referred to above has been filed, and the records of this Commission have been marked accordingly. Texas Workforce Commission By: Date: Note. This revocation of power of attorney should be executed in duplicate and both copies sent to the Texas Workforce Commission address In the upper left-hand comer of the page. The duplicate will be signed in this office and returned to the employer as evidence that revocation has bee filed. Texas Workforce Commission Tax Department - Status 101 E. 15th St. Rm 570 Austin, TX 78778 WRITTEN AUTHORIZATION To represent employing unit in its relations with the Texas Workforce Commission GRANTOR INFORMATION 1. CONTACT NAME Mr. Pete Nelson 2. PHONE NO. (817) 392-7790 (5) BY THIS INSTRUMENT, City of Fort Worth (6) an employing unit which is a/an government agency (7) whose address is 1000 Throckmorton, Ft. Worth, TX 76102 (8) appoints CORPORATE COST CONTROL, INC. 3. TWC ACCT NO. 999917771 4. FEID NO. its lawful representative to represent it in its relations with the Texas Workforce Commission, and specifically authorizes said representative to transact any and all business as between grantor of said authorization and said Commission and to do any and all acts necessary; excluding litigation in court. This Written Authorization shall be in full force and effect until such time as a Revocation of Written Authorization, Form C-43, revoking it is filed in the offices of said Commission at Austin, Texas. (Revocable by either party, the Grantor or Grantee.) (10) -IQQQ t—Q Q Acting Assistant City Manager Printed name, signature and title (Owner, Partner, Officer,, etc.) of person signing for Grantor. (11) SUBSCRIBED AND SWORN to before me on this the ��f day of iP V�) 20 (12) ( nature of Notary Public) (13) Notary Public, State of ( Notary Seal ) W. e SyI,NA D. GLOVER My Commission expires: r rlt� , 2069 My COMMISSION EXPIRES t : ` Septe W 19, 2009 NOTICE: This Written Authorization should be executed in triplicate. Original to be filed with the Texas Workforce Commission, Austin, Texas. One copy to be retained in the employer's files and one to be retained in the Grantee's files. Form C-42(1196)lnv. No. 520950 CITY SECRETAr ADDENDUM: ORIGINAL AGREEMENIONTRACT NO THIRD RENEWAL AGREEMENT CLIENT NAME AND ADDRESS ACCOUNT NUMBER(S) City of Fort Worth TX 999917771 1000 Throckmorton Fort Worth, TX 76102 It is clearly understood that none of the services shall in any way imply or constitute the offering or the providing of legal services or opinions. It is also understood that this agreement is the same as the original contract with no changes unless specifically stated below and it acts only as a continuation of the original agreement for 12 month(s). Said original contract being styled and identified as City Secretary Contract No. 32481. UNIMPLOYMENT COMPENSATION MANAGEMENT SERVICES PART I - Claims Management PART II - Education Management PART III - Audit Management PART IV - Acquisitions, Divestitures and increased activity that occurs during this contract period will be reviewed by CCC Management. CCC will discuss these issues with the client prior to taking any type of corrective modification. CANCELLATION POLICY Either the Client or the Company may terminate this agreement by giving the other party thirty (30) day's advance notice. This Right is in addition to and not in lieu of any other termination rights granted under the original contract. This agreement shall be effective from 11/1/2008 to 10/31/2009. Client shall make semiannual payments at the beginning of each six months in the amount of $2,100.00. Cprporate Cost Control, Inc. Authorized Signature Title, I /�s Date Attested by' Marty H�ndri ,City �� City of Fort Worth uihorized Signature: Karen . Montgom(�y Assistant Citv Manager Title Date Approved as to Form and Legality: 1 Assista City A rney �-b 1A-A C qDU R M OPPMALRECORD WYSECRETARY F= WORTH97X