HomeMy WebLinkAboutContract 27093 ADMINISTRATIVE SERVICES AGREEMENT CITY SECRETARY
CONTRACT NO.
This Administrative Services Agreement (the"Agreement" is made by and between Comsal, Inc., dba
TaxSaver Plan("TaxSaver Plan") and the City of Fort Worth(the"City") effective as of November 21,
2001.
RECITALS
WHEREAS, TaxSaver Plan provides administrative services with respect to cafeteria and flexible
spending account plans intended to qualify under Section 125 of the Internal Revenue Code of 1986, as
amended(the"Code"); and
WHERAS, the City has adopted the flexible benefit plan(the"Plan"); and
WHEREAS, the City desires to hire TaxSaver Plan to provide administrative services with respect to
certain benefits under the Plan and TaxSaver Plan desires to perform such services for the City,
NOW THEREFORE, TaxSaver Plan and the City agree as follows:
A. TaxSaver Plan shall:
1. Review the City's current Section 125 Cafeteria Plan Document and draft amendments required, if
any, to revise the Plan to conform to appropriate Internal Revenue Code provisions, Regulations
and Rules.
2. Work directly with the City's Human Resources Department and the City's consultant in the
implementation of the Plan.
3. Process reimbursement requests made under the Plan to follow all legal requirements of Section
125 of the Internal Revenue Code, any other federal or state statutory requirements, and the
administrative procedures and practices established by the City and agreed upon by TaxSaver
Plan.
4. Pay benefits to Participants in the Plan with respect to such reimbursement requests, produce
reports to reflect the status of Participants' accounts and provide reimbursement forms for
Participants to make additional claims. TaxSaver Plan shall pay such benefits from a checking
account established by the City and funded by the City and shall have no obligation to pay benefits
under the Plan if adequate funds for such benefit payments are not provided by the City.
5. Provide employees with consultation and information concerning their accounts and/or Section
125 of the Internal Revenue Code. Maintain a local or toll-free telephone number from CST 8:30
am to 5:30 PM.
6. Assist the City with the resolution of any employee problems that result from the Plan.
7. Prepare, print, and distribute forms, communications materials or other documents necessary to
the adoption, implementation and operation of the Plan as needed and assist the City in
communicating with City employees and educating them about the concept and operation of the
Plan.
8. Submit to the City for each reimbursement period an accounting of payments made by TaxSaver
Plan under this Agreement and monthly reconciliation reports of contributions to and distributions
by the City for each Participant.
9. Prepare reports required to be filed with the Internal Revenue Service or the Department of Labor
with respect to the Plan. TaxSaver Plan shall submit such reports to the City for filing.
10. Perform compliance review for each payroll deduction that qualifies under Section 125 of the
Internal Revenue Code and notify the City of recommended action(s) necessary to remedy any
non-compliant deductions.
11. Assist the City in performing nondiscrimination testing to determine compliance with Section 125
and Section 129 of the Internal Revenue Code.
B. The City shall:
1. Furnish TaxSaver Plan with a copy of the Plan, including any amendments thereto.
2. Provide TaxSaver Plan with guidance in determining administrative procedures and practices to be
followed with respect to reimbursement requests.
3. Provide TaxSaver Plan with guidance when necessary to determine the eligibility of Participants
in the Plan to receive benefits.
4. Establish a checking account for the payment of benefits under the Plan. The City shall fund the
account so that there are sufficient funds to cover reimbursements for benefits under the Plan.
5. Provide TaxSaver Plan with assistance, if requested, in the preparation of any reports required to
be filed with the Internal Revenue Service or Department of Labor.
6. Provide TaxSaver Plan accurate information in a regular and timely manner to Taxsaver Plan so
that TaxSaver Plan may process reimbursement requests under the Plan. TaxSaver Plan shall be
entitled to rely entirely upon any such information provided by the City, and to the extent
permitted by law shall be fully indemnified by the City for any action TaxSaver Plan takes in good
faith and in reliance on such information.
7. Provide TaxSaver Plan with a list of the City's Key Employees as defined in Section 416 (i)(1) of
the Internal Revenue Code of 1986, as amended (if TaxSaver Plan is asked to perform certain
discrimination tests
II. Fees
The City shall pay administrative fees to TaxSaver Plan for services rendered during the term of this
Agreement. The fees to be paid by the City are set forth in the attached Schedule of Fees;the Schedule of
Fees is subject to annual review in regard to change. TaxSaver Plan will guarantee the fees quoted for a
period of two (2)years. TaxSaver Plan shall notify the City ninety(90) days prior to the effective date of
any change in the Schedule of Fees at the expiration of the time year period. TaxSaver Plan shall bill the
City on a monthly basis and the City shall promptly pay all such bills within thirty(30) days to TaxSaver
Plan's office in Dallas, Texas.
III. Term
The term of this Agreement shall commence on the date above and shall continue until it is terminated by
a written"Notice of Termination" specifying the extent to which performance of work under the contract
is terminated and the date upon which services will be terminated. Notwithstanding the preceding
sentence, this Agreement shall immediately terminate upon the bankruptcy or insolvency of the City, and
TaxSaver Plan shall have no further obligation to process or pay benefits under the Agreement. In the
event of a breach of the Agreement by either party, the other party may immediately terminate the
Agreement upon written notice to the other party. TaxSaver Plan shall be under no obligation to pay
benefits under this Agreement if the City does not make adequate funds available for the payment of such
benefits. In the event of termination of this Agreement,the City shall pay fees to TaxSaver Plan for all
services rendered through the date of termination.
IV. Liability and Indemnity
TaxSaver Plan does not insure or underwrite the liability of the City under the Plan and shall not be liable
for any punitive or consequential damage arising in connection with the Agreement, the Plan, or any
benefit plans adopted in connection with the Plan. The City retains the ultimate responsibility for
reimbursements under the Plan and all expenses incident to the Plan. To the extent permitted by law,the
City agrees to indemnify TaxSaver Plan, its officers, directors, employees and their heirs, executors,
successors and assigns and hold harmless from and against any and all losses, damages, settlements,
judgments, penalties, liabilities, costs, charges, or expenses(including attorney's fees), at any time arising
out of or incurred in connection with the defense of any meritorious or nonmeritorious claim, demand,
action, suit (including appeal) or proceeding relating to this Agreement, the Plan, or any benefit plans
adopted in connection with the Plan unless same arises out of the negligence of TaxSaver Plan. The City
and not TaxSaver Plan, shall be responsible for any withholding or FICA taxes, insurance premiums such
as worker's compensation, or any other amounts payable with respect to payments made pursuant to this
Agreement, the Plan or the benefit plans.
V. Payment of Reimbursement Checks
TaxSaver Plan shall issue checks to Participants for reimbursement requests submitted to the City and
delivered to TaxSaver Plan pursuant to the Plan. The reimbursement checks will be mailed directly to
Participants, unless otherwise agreed by the parties. The City shall maintain a checking account from
which TaxSaver Plan will issue checks to Participants. TaxSaver Plan shall notify the City regarding the
dollar amount of such checks as they are issued to assist the City in determining that the account is
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adequately funded. The City agrees to keep adequate funds in the account. TaxSaver Plan shall process
and pay reimbursement requests as soon as practicable, but shall in no way be responsible for any delay
due to computer failure or acts of God.
VI. Miscellaneous
A. TaxSaver Plan agrees, during the term of this Agreement or anytime after termination, that it shall
not disclose to anyone unless specifically authorized by the City, any confidential business or
personnel data with respect to the City, employees of the City, or Participants except as necessary
to comply with this Agreement or applicable law.
B. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, legal representatives, successors, and assigns.
C. This Agreement shall be construed under and in accordance with applicable federal law and to the
extent not governed by federal law, the laws of the State of Texas.
D. In the event one or more provisions of 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 hereof, and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained herein.
E. The City acknowledges that it has sought independent tax and legal advice to the extent necessary
and that TaxSaver Plan is not responsible for the tax and legal aspects of this Agreement, the Plan,
and benefits under the Plan.
F. This Agreement and TaxSaver Plan's response to RFP#99-0238, which is incorporated herein by
reference, constitute the entire agreement between the parties relating to the subject matter hereof.
No other terms or conditions have been agreed upon by the parties except as set forth herein. Any
change, modification or amendment to this Agreement shall be in writing and signed by both
parties. In the event of a conflict between this Agreement and TaxSaver Plan's response to
RFP#99-0238, the RFP response will prevail.
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Approved for form and legality:
By: Atte t By:
Title: Assistant City Attorney
ity Secretary
Date: �� a!� Date:
The City of Fort Worth Comsal, Inc., dba
TaxS er
By: By:
Charles R. Boswell
Title: Assistant City Manager Title: a
Date: LO --, - a) Date: Zs Q
Contract Authorization—
Date:
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FEES FOR SERVICE
Written Communication Materials $Actual cost subject to prior
approval by the City
Enrollment Meetings $ 500.00 per day
Monthly Administration $ 4.50 per Participant
(Medical/Dependent Care Flexible Spending)
Monthly Administration $ 2.50 per Participant
(Adoption Assistance Flexible Spending)
Monthly Administration $ .50 per Participant
(Premium Conversion)
ANY COURIER CHARGES INCURRED FLOW THROUGH TO THE CLIENT.
IF YOU SHOULD TERMINATE OUR SERVICES, THERE WILL BE A CHARGE FOR A RUNOFF
PERIOD, SHOULD YOU CHOOSE ONE. THIS CHARGE WOULD BE NEGOTIATED AT THE
TIME OF TERMINATION.
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FEES FOR SERVICE
Written Communication Materials $Actual cost subject to prior
approval by the City
Enrollment Meetings $ 500.00 per day
Monthly Administration $ 4.50 per Participant
(Medical/Dependent Care Flexible Spending)
Monthly Administration $ 2.50 per Participant
(Adoption Assistance Flexible Spending)
Monthly Administration $ .50 per Participant
(Premium Conversion)
ANY COURIER CHARGES INCURRED FLOW THROUGH TO THE CLIENT.
IF YOU SHOULD TERMINATE OUR SERVICES, THERE WILL BE A CHARGE FOR A RUNOFF
PERIOD, SHOULD YOU CHOOSE ONE. THIS CHARGE WOULD BE NEGOTIATED AT THE
TIME OF TERMINATION.
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City of Fort Worth, Texas
"agar and council communication
DATE REFERENCE NUMBER LOG NAME PAGE -
9/11/01 **G-13367 1 15COMSAL 1 of 2
SUBJECT AGREEMENT WITH COMSAL, INC. D/B/A TAXSAVER PLAN FOR ADMINISTRATION
OF THE CITY OF FORT WORTH'S FLEXIBLE BENEFITS PLAN
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an agreement with
Comsal, Inc. d/b/a TaxSaver Plan effective November 21, 2001, for administration of the City's flexible
benefits plan for an annual cost of$65,000 based on estimated enrollment.
DISCUSSION:
The City offers certain benefits to employees on a pre-tax basis as authorized by Section 125 of the
Internal Revenue Code of 1986, as amended. On November 23, 1999 (M&C C-17759), the City
Council approved the award of contract for administration of these benefits to Comsal, Inc. pursuant to
a competitive proposal process.
Comsal, Inc. has performed its duties of administration under the contact in a satisfactory manner
and has agreed to continue to provide its services at the original proposal pricing:
Provide communication/enrollment materials Actual cost, (with prior City Council approval)
l Enrollment meetings $500/day plus expenses
Monthly fee per enrolled participant:
Medical/Dependent Care Flexible Spending $4.50
Adoption Assistance Flexible Spending $2.50
Premium Conversion $ .50
Services that Comsal, Inc. provides include, but are not limited to, the following:
• Review of the City's Section 125 Cafeteria Plan document and drafting of recommended
amendments, as required; and
• Process reimbursement requests by employees made under the Plan; and
• Pay benefits, produce reports, and provide claim forms to participants; and
• Provide employees with consultation and information concerning their accounts and/or Section
125; and
• Prepare reports to be issued to the Internal Revenue Service or Department of Labor; and
• Perform compliance review for payroll deductions; and
• Assist in any compliance matters with the Internal Revenue Service or Department of Labor.
City of Fort Worth, Texas
4Vavor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
9/11/01 **G-13367 15COMSAL 2 of 2
SUBJECT AGREEMENT WITH COMSAL, INC. D/B/A TAXSAVER PLAN FOR ADMINISTRATION
OF THE CITY OF FORT WORTH'S FLEXIBLE BENEFITS PLAN
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Health and Life Insurance Fund.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8511 APPROVED
Originating Department Head: CITY COUNCIL
Susan Bulla 8513 (from) S E P 11 2001
FE85 539120 0148510 $65,000.00
Additional Information Contact: `171.1i
S City secretary of 60
Susan Bulla 8513
City of Fort worth,bsd