HomeMy WebLinkAboutTALX - CONTRACT - CONTRACT - TALX SERVICE AGREEMENTTALX Corporation
11432 Laddand Road
St. Louis, MO 63146
314-214-7000
314-214-7588 Fax
www.taix.com
April 25, 2007
Enclosed please find a fully executed copy of the TALX Corporation, UC eXpress®
service agreement. We appreciate the opportunity to provide world -class
unemployment cost management services to your company. Should you have any
concerns regarding the enclosed information, please contact your Client Relationship
Manager, Emily Svoboda at 303-424-7004 ext 256.
Regards,
Melissa Howard
Contract Administration
Enclosure: TALX UC eXpress® Service Agreement
TALX UC eXpresssm UNEMPLOYMENT COST MANAGEMENT SERVICE AGREEMENT
THIS AGREEMENT is entered into by and between TALX Corporation, a Missouri corporation, ("TALX") and City of Ft. Collins ("Client") a,
and is for the perfonnance of the Unemployment Cost Management Service outlined herein in the state(s) of:
Colorado
I. TALX
TALX shall perform the following account and claims management services.
Account Management:
A Client Relationship Manager ("CRM") will be assigned as your personal contact with TALX. The CRM will be responsible for
implementation and ongoing operation of your unemployment cost control program. The CRM will:
1. Establish channels of communication between your firm and TALX.
2. Prepare and distribute program/procedure guide, if required.
3. Provide management reports to identify potential liability, current charges, claims processed and reasons for separation.
4. Provide technical service bulletins conceming legislative changes.
Claims Administration:
TALX will administer the claim process and charge protests for all claims reported to TALX during the term of this agreement.
1. TALX will maintain databases pertaining to
unemployment compensation claims, and will submit
various reports and recommendations as described
below.
2. TALX will be responsible for complete
administration, inception to termination, of the
processing of all Client's unemployment insurance
claims in each state listed above.
3. In addition to the processing of unemployment
insurance claims, TALX will perform tasks, including,
but not limited to:
Endorsement Services:
• Review of unemployment insurance claims for determination
of eligibility.
• Verification of Client liability.
• Conduct pre -hearing conferences with staff that you designate.
If the circumstances on a particular hearing warrant special
care, a TALX hearing representative will be available to attend
the hearing with you.
• Benefit charges will be audited to final disposition of the
charge.
In addition to the above services, TALX shall perform the services described in any endorsement to this Agreement, subject to any
applicable statutes, regulations and administrative rulings. At no time will TALX render or be required to render any service that
could be interpreted as the practice of law or accountancv.
111. Client
Client shall provide all information or data reasonably requested by TALX including, but not limited to (1) copies of quarterly charge
statements, (2) claims, hearings, and benefit charge statements not sent directly to TALX by the state agencies, and (3) wage and
separation information.
The fee to be paid to TALX for the services to be rendered under this Agreement shall be $5364.00 per year payable in equal
quarterly installments. This fee will increase by three percent (3%) on each anniversary of the Effective Date and will be invoiced on
the first day of the calendar quarter in which Services are to be performed. The assumption of claims workload is up to 85 annually.
A fee of $18.40 per claim will apply to claims managed in an agreement year exceeding 105% of the claims workload.
If TALX provides representation at an unemployment hearing by an attorney due to Clients request, an additional fee of $60 will be
due to TALX. For unemployment hearings where attorney representation is a statutory requirement, Client will be responsible to pay
a fee to TALX of $200 per hour billed, in'% hour increments.
IV. Term and Termination
This Agreement shall be for an Initial Tenn of three years commencing on November 1, 2006 and shall automatically renew for
successive one-year terms ("Successive Terns") unless either party provides the other with notice of termination at least ninety (90)
days preceding the ending date of the Initial Term or the ending date of any Successive Term. Either party may terminate this
Agreement if the other party has materially breached the Agreement, provided that the party claiming breach must give the other
party written notice and at least 30 days in which to cur; the breach before terminating the Agreement.
This Agreement is one for personal services. TALX may assign this Agreement to a subsidiary without prior consent, but TALX shall
continue to be responsible for the performance of its obligations hereunder. All work performed by a subcontractor, if any, shall be
deemed work performed by TALX. This Agreement is transferable and binding to any and all successors or assigns of Client.
VI. ( Indemnification/Limitation of Liability z
Each party agrees to indemnify, defend, and hold harmless the other party and its officers, directors and employees from and
against all claims, demands, liabilities, suits, damages, costs and expenses of every kind and description, including penalties and
reasonable attorneys fees, proximately resulting from any negligent act or omission of the party or its officers, directors or
employees, or from any breach of any obligation, representations, or warranties under this Agreement.
ANY OTHER TERM OR PROVISION OF THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, IN NO EVENT SHALL
EITHER PARTY OR ITS OFFICERS, AGENTS OR EMPLOYEES BE LIABLE FOR LOSS OF PROFITS OR FOR INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE PERFORMANCE OF THIS
AGREEMENT, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
DAMAGES OF ANY KIND PAYABLE BY EITHER PARTY HEREUNDER EXCEED THE SUM OF TWENTY-FIVE THOUSAND
DOLLARS ($25,000).
Client: City -of Ft. Collins
Signature:
Printed Na s*tjg__> -2Z7
Title:
Date:,-
312)/07
TALX Corporation ,
Signature:
Printed Name: Michael T. Andrews
Title: MouaseA COMM AdMINIs6ralien
Date: --� O-)q 1D�