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HomeMy WebLinkAbout451613 EMPLOYERS EDGE LLC - CONTRACT - RFP - P1135 UNEMPLOYMENT CLAIMS MANAGEMENTSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS COLORADO a Municipal Corporation hereinafter referred to as the City and Employers Edge LLC hereinafter referred to as Service Provider WITNESSETH In consideration of the mutual covenants and obligations herein expressed it is agreed by and between the parties hereto as follows 1 Scope of Services The Service Provider agrees to provide seances in accordance with the scope of services attached hereto as Exhibit A consisting of one (1) page and incorporated herein by this reference 2 Contract Period This Agreement shall commence November 1 2008 and shall continue in full force and effect until October 31 2009 unless sooner terminated as herein provided In addition at the option of the City the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods Renewals and pricing changes shall be negotiated by and agreed to by both parties The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end 3 Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence then the party so prevented shall be excused from whatever performance is prevented by such cause To the extent that the performance is actually prevented the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition 4 Early Termination by City/Notice Notwithstanding the time periods contained herein the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties All notices provided under this Agreement shall be effective when mailed postage prepaid and sent to 1 SA rev07/08 EXHIBIT C RATE SCHEDULE Based on historical figures` supplied by City of Fort Collins pricing will be as follows Annual Fee $1 900 Quarterly Billing (at the beginning of each Quarter) $475 Renewals and pricing changes shall be negotiated by and agreed to by both parties The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide Annual Fee shall be subject to review only at Annual Contract Renewal time any increases shall be capped at a maximum of 3% per year Historical figures for City of Fort Collins claims activity used to determine the Base Annual Fee are as follows • Annual New Claims Activity 75 • Protested Claims 23 • Non Protested Claims 52 • Annual Hearings/Board Appeals 8 These activity rates are not expected to change appreciably in the event they do Annual Fee base rate will also be subject to review at Annual Contract renewal time rev06/07 10 EXHIBIT D ASSIGNED CUSTOMER CARE TEAM This is the assigned, dedicated team for the City of Fort Collins account Nicole Toreau Claims Specialist Angie Samoy Claims Manager Matt Brady Account Manager Larry Blankenship Auditing Analyst Jeff Weyand Appellate Manager rev06/07 11 the following addresses City Copy to Service Provider City of Fort Collins City of Fort Collins Employers Edge LLC Attn Purchasing Attn Joan Busch Human Attn Steve Bell PO Box 580 Resources 1385 S Colorado Blvd Ste 322 Fort Collins CO 80522 PO Box 580 Denver CO 80222 Fort Collins CO 80522 In the event of early termination by the City the Service Provider shall be paid for services rendered to the date of termination subject only to the satisfactory performance of the Service Providers obligations under this Agreement Such payment shall be the Service Providers sole right and remedy for such termination 5 Contract Sum The City shall pay the Service provider for the performance of this Contract subject to additions and deletions provided herein perthe attached Exhibit C consisting of one (1) page and incorporated herein by this reference 6 City Representative The City will designate prior to commencement of the work its representative who shall make within the scope of his or her authority all necessary and proper decisions with reference to the services provided under this agreement All requests concerning this agreement shall be directed to the City Representative 7 Independent Service provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins The City shall not be responsible for withholding any portion of Service Providers compensation hereunder for the payment of FICA Workmen s Compensation or other taxes or benefits or for any other purpose 8 Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services Accordingly the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City N SA rev07/08 9 Acceptance Not Waiver The City approval or acceptance of or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement 10 Warranty a Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature b Unless otherwise provided in the Agreement all materials and equipment incorporated into any work shall be new and where not specified of the most suitable grade of their respective kinds for their intended use and all workmanship shall be acceptable to City c Service Provider warrants all equipment materials labor and other work provided under this Agreement except City furnished materials equipment and labor against defects and nonconformances in design materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier Upon receipt of written notice from City of any such defect or nonconformances the affected item or part thereof shall be redesigned repaired or replaced by Service Provider in a manner and at a time acceptable to City 11 Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement In the event either party should fail or refuse to perform according to the terms of this agreement such party may be declared in default thereof 12 Remedies In the event a party has been declared in default such defaulting party shall be allowed a period often (10) days within which to cure said default In the event the default remains uncorrected the party declaring default may elect to (a) terminate the Agreement and seek damages (b) treat the Agreement as continuing and require specific performance or (c) avail 3 SA rev07/08 himself of any other remedy at law or equity If the non defaulting party commences legal or equitable actions against the defaulting party the defaulting party shall be liable to the non defaulting party for the non defaulting party s reasonable attorney fees and costs incurred because of the default 13 Binding Effect This writing together with the exhibits hereto constitutes the entire agreement between the parties and shall be binding upon said parties their officers employees agents and assigns and shall inure to the benefit of the respective survivors heirs personal representatives successors and assigns of said parties 14 Indemnity/insurance a The Service Provider agrees to indemnify and save harmless the City its officers agents and employees against and from any and all actions suits claims demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons or damages to property arising out of result from or occurring in connection with the performance of any service hereunder b The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property c Without limiting any of the Service Providers obligations hereunder the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B consisting of one (1) page attached hereto and incorporated herein by this reference The Service Provider before commencing services hereunder shall deliver to the City s Director of Purchasing and Risk Management P O Box 580 Fort Collins Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City 15 Entire Agreement This Agreement along with all Exhibits and other documents incorporated herein shall constitute the entire Agreement of the parties Covenants or representations not contained in this Agreement shall not be binding on the parties 4 SA rev07/08 16 Law/Severability The laws of the State of Colorado shall govern the construction interpretation execution and enforcement of this Agreement In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement 17 Prohibition Against Emplovino Illeoal Aliens Pursuant to Section 8 17 5 101 C R S et seq Service Provider represents and agrees that a As of the date of this Agreement 1 Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and 2 Service Provider will participate in either the a Verify program created in Public Law 208 104th Congress as amended and expanded in Public Law 156 108th Congress as amended administered by the United States Department of Homeland Security (the a Verify Program ) or the Department Program (the Department Program ) an employment verification program established pursuant to Section 8 17 5 102(5)(c) C R S in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement b Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement c Service Provider is prohibited from using the a Verify Program or Department Program procedures to undertake pre employment screening of job applicants while this Agreement is being performed d If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Service Provider shall 1 Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien and 2 Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not 5 SA rev07/08 knowingly employed or contracted with an illegal alien e Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the Department ) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8 17 5 102 (5) C R S f If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8 17 5 102 C R S the City may terminate this Agreement If this Agreement is so terminated Service Provider shall be liable for actual and consequential damages to the City arising out of Service Providers violation of Subsection 8 17 5 102 C R S g The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach 18 Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D consisting of one (1) page attached hereto and incorporated herein by this reference 2 SA rev07/08 CITY OF FORT COLLINS COLORADO a municipal corporation BY �ll/e_,' LI�1n/rr� James 0Neill ll CPPO FNIGP Director of Purchasing and Risk Management Date l'�lZ3,O�j Employers Edge LLC By PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date /b Z2/08 j ) ) q (Corporate Seal) CIO PO E SECRE ARY SA rev07/08 EXHIBIT A SCOPE OF WORK A Prompt notification of claims and follow up to ensure deadlines are met Service Provider will give notice of a new claim or hearing within 24 hours B Timely protest of claims when appropriate and timely responses to claims and adjudicator requests for additional information Service Provider will protest all quits and discharges unless the City specifically instructs them not to Service Provider will gather substantive information to generate a detailed response to a claim C Appeal State decisions when appropriate to do so The City will have the final decision as to whether or not to pursue an appeal D Attend unemployment hearings and prepare witnesses prior to the hearing with pre hearing conferences E Communicate hearing status on every single case upon receipt of final decision F Audit benefits paid to ensure accuracy G Audit annual tax rate notices for accuracy H File appropriate protests for benefit charge and rate notice discrepancies I Provide quarterly reports on claims activity including individual decision updates Will provide reports on overall City activity and also provide breakdown by City Departments Quarterly reviews may or may not be provided onsite at the option of the City Service Provider intends to add the ability for the City to run reports on demand via Service Providers website by end of First Quarter 2009 J Review reports with Human Resources staff to identify potential problem areas and analyze and make recommendations to reduce unemployment tax outlay K Provide education seminars/workshops for managers At the City s option training will be provided at no extra charge The City can choose from the following training methods 1 In person onsite training 2 Webinar training 3 Service Provider will develop a custom Power Point presentation if the City elects to deliver training themselves L The City of Fort Collins allows other Public Agencies the opportunity to purchase off the Award for this Bid, at the option of the Awarded Vendor Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group in particular may have a desire to participate in any resulting contract awards M Transition Plan/Power of Attorney Window Upon acknowledgement from State of Colorado on change of address Service Provider will establish service cutover date between previous provider and Employers Edge (new Service Provider) EXHIBIT B INSURANCE REQUIREMENTS The Service Provider will provide from insurance companies acceptable to the City the insurance coverage designated hereinafter and pay all costs Before commencing work under this bid the Service Provider shall furnish the City with certificates of insurance showing the type amount class of operations covered effective dates and date of expiration of policies and containing substantially the following statement The insurance evidenced by this Certificate will not be cancelled or materially altered except after ten (10) days written notice has been received by the City of Fort Collins In case of the breach of any provision of the Insurance Requirements the City at its option may take out and maintain at the expense of the Service Provider such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement The City its officers agents and employees shall be named as additional insureds on the Service Providers general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement Insurance coverages shall be as follows A Workers Compensation & Employers Liability The Service Provider shall maintain during the life of this Agreement for all of the Service Providers employees engaged in work performed under this agreement Workers Compensation insurance with statutory limits as required by Colorado law 2 Employers Liability insurance with limits of $100 000 per accident $500 000 disease aggregate and $100 000 disease each employee B Commercial General & Vehicle Liability The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury including accidental death as well as for claims for property damage which may arise directly or indirectly from the performance of work under this Agreement Coverage for property damage shall be on a broad form basis The amount of insurance for each coverage Commercial General and Vehicle shall not be less than $500 000 combined single limits for bodily injury and property damage In the event any work is performed by a subcontractor the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor which liability is not covered by the subcontractors insurance rev06/07