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HomeMy WebLinkAboutC15-261 ADP Workforce Now Amendment'� ' Workforcemw ADP, LLC: 19I1110112YW Attention: MAJOR ACCOUNT SERVICES - MASTER SERVICES AGREEMENT 6/8/2015 (Effective Date) One ADP Boulevard (referred to herein as "ADP ") Roseland, New Jersey 07068 Eagle County PO Box 850500 Broadway, Eagle, CO 81631, United States (referred to herein as "Client ") ADP and Client agree that ADP shall provide Client with the following services in accordance with the terms and subject to the conditions set forth in this Major Accounts Services Master Services Agreement. ANNEX E: ESSENTIAL ACA This Agreement modifies, amends, and supplements the terms and conditions of the ADP Major Accounts Agreement (or such equivalent terms and conditions or agreement governing the provision and receipt of ADP services including but not limited to any product specific terms set forth in such prior agreement) between ADP and Client and includes the Annexes related to the services selected by Client. If there is a conflict between this Agreement and any prior agreement between Client and ADP (or if such prior agreement contained terms for services that were not purchased at the time the prior agreement was executed), this Agreement shall govern with respect to the services listed above. The terms set forth herein replace in their entirety any duplicative terms set forth in Client's prior agreement for services. Each Annex listed above is attached hereto and is incorporated into this Agreement in full by this reference as if set forth in this Agreement in full. ADP, LLC Rian Clayden (Signature of Authorized Representative) Rian Clayden (Name - Please Print) GDM (Title) 6/8/2015 (Date) ' �(Siggnn6t^u(r'e 6T Authorized Representative) (Name - Please Print) �� �1 �1i1 I�ADcN It W4 (Title) (Date) ADP Proprietary and Confidential ADP Major Account Services Version 1 Cover -IAB bo -M Client agrees to direct ebit of fees for service: Yes Expiration Date: 6/23/2015 THE ADP SER CES LISTED ON THIS SALES ORDER ARE PROVIDED AT THE PRICES SET FORTH ON THE ABOVE PAGES AND INACCORDANCF WITHADPS STANDARD TE SAND CONDITIONS OF SERVICEATTACHED TO THIS SALES ORDER. BY SIGNING BELOW YOUAREACKNOWLEDGING RECEIPT OF AND AGREEM4VT TO SUCH TERMSAND CONDITIONS AND TO THE LISTED PRICES. ADP, LLC Client: By: Rian Clayden By: Name: Rian Clayden Name: Title: GDM Title: huz 1 r� V ttvL(_y Date: 6/8/2015 Date: �(� 74 t� Investment Summary Eagle County PO Box 850500 Broadway Eagle, CO 81631 United States Executive Contact Jacci McKenna HR Director j acci.mckenna @eaglecounty.us 970 - 328 -8796 Control # 1 : Quote based on an estimated 527 pays, paid Bi- Weekly Annual Total Investment: $9,486.00 Discount: $4,743.00 Annual Investment: $4,743.00 One Time Implementation Cost: $1,500.00 Discount: $500.00 Implementation Cost: $1,000.00 Expiration Date: 6/23/2015 Today's Date: 6/8/2015 Quote Number: 02- 2015 - 851173.1 ADP Sales Associate Rian Clayden rian.clayden @adp.com (303) 873 -4548 Eagle County PO Box 850500 Broadway Eagle, CO 81631 United States Executive Contact Jacci McKenna HR Director j acci.mckenna @eaglecounty.us 970 - 328 -8796 SALES ORDER Today's Date: 6/8/2015 Quote Number: 02- 2015- 851173.1 Control Start Date: ADP Sales Associate Rian Clayden rian.clayden@adp.com (303) 873 -4548 Summary Annual Total of Monthly Fees Total One -Time $4,743.00 $1,000.00 Contact Type Contact Phone Payroll Heather Mathews 970 - 328 -3514 Executive Jacci McKenna 970 - 328 -8796 Client Security Master Jacci McKenna 970 - 328 -8796 Primary Geri Fagan 970 - 328 -8792 Control Summary Control Name Company Code Pays Control 1 Eagle County G5G 527 ANNEX E Essential ACA 1. Description. ADP will provide the Essential ACA solution specified in the Sales Order (and any applicable service specification) (collectively, the "Essential ACA solution ") to Client in accordance with the terns of this Agreement. Essential ACA is a technology and software solution to assist in managing compliance needs related to the Affordable Care Act (ACA), including eligibility calculations and affordability determinations, preparation and electronic filing of 1094c and 1095c forms, access to evidence of benefit offering information and benefit offering audit reports. Client must use ADP Workforce Now payroll, HR and benefits services in order to receive the Essential ACA solution. 2. Delivery of Client Content. Client shall promptly deliver to ADP the Client Content as required by ADP in an electronic file format specified by and accessible to ADP and will include any materials relating to Client and necessary for incorporation in the Essential ACA solution, including, but not limited to, any Human Resources, Payroll, Time and Labor, Benefits, Form I -9, and /or financial data. 3. Client ACA Liaison. Prior to the commencement of ADP's provision of the Essential ACA solution, Client shall designate in writing to ADP the name of one person who shall serve as ADP's principal designated contact for the Essential ACA solution (the "Client ACA Liaison "). Client hereby represents and warrants to ADP that the Client ACA Liaison has, and shall at all times have, the requisite authority to transmit information, directions and instructions on behalf of Client. The Client ACA Liaison also shall be deemed to have authority to issue, execute, grant, or provide any approvals (other than amendments to this Agreement), requests, notices, or other communications required or permitted under this Agreement or requested by ADP in connection with the Essential ACA solution. Client shall designate an alternate Client ACA Liaison in the event the principal Client ACA Liaison is not available. 4. Client Instructions. In the event ADP shall have any questions relating to a particular set of facts or client directions, then ADP shall request clarification from the Client ACA Liaison. The Client ACA Liaison shall have the responsibility to obtain answers to any such questions or objections and ADP shall be entitled to rely upon such answers and to follow any directions communicated by the Client ACA Liaison. Client authorizes ADP to release employee - related data to third party vendors of Client as are designated by Client from time to time. ADP shall be under no duty to question the measures taken or directions provided by Client pursuant to any section of this Annex E. 5. Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR IN THE SCOPE OF SERVICES, CLIENT EXPRESSLY ACKNOWLEDGES THAT ADP IS NOT THE "ADMINISTRATOR" OR "PLAN ADMINISTRATOR" AS DEFINED IN SECTION 3(16)(A) OF ERISA AND SECTION 414(8) OF THE INTERNAL REVENUE CODE, RESPECTIVELY, NOR IS ADP A "FIDUCIARY" WITHIN THE MEANING OF ERISA SECTION 3(21). ADP SHALL NOT EXERCISE ANY DISCRETIONARY AUTHORITY OR DISCRETIONARY CONTROL RESPECTING MANAGEMENT OF ANY BENEFIT PLANS SPONSORED OR OFFERED BY CLIENT. ADP HAS NO DISCRETIONARY AUTHORITY OR DISCRETIONARY RESPONSIBILITY IN THE ADMINISTRATION OF THE CLIENT'S BENEFIT PLAN(S). 6. Implementation Services. ADP will assist Client in implementing the Essential ACA solution for the benefit of and in conjunction with Client in accordance with the provisions of Sections 7 and 8 below. ADP will use commercially reasonable efforts to complete the implementation services in a timely manner. 7. Conversion of Data; Required Timeline. Client shall provide to ADP, and shall cause any third -party providers to provide to ADP, such applicable Client files, databases and other information (the "Client Files ") as is necessary to permit the Essential ACA solution to be performed. Client must provide the Client Files to ADP by November 1" of the year preceding the year in which the preparation and electronic filing of 1094c and 1095c forms will be provided. For purposes of clarification and example, in order for ADP to perform the preparation and electronic filing of 1094c and 1095c forms in January of 2016, Client must provide the Client Files in accordance with the terms and conditions of this Annex E, and such Client Files must be accepted and converted by ADP by November 1, 2015. Client assumes the responsibility for the Client Files to be transmitted to ADP, including, but not limited to, their condition, content, format, usability or correctness. Client shall perform all Client Files refinement, purification and reformatting in order for the Essential ACA solution to be performed by ADP. With Client's pre - approval, ADP shall be compensated on a time and expense basis at ADP's standard rates in effect at such time in the event ADP is required to perform any such refinement, purification or reformatting. Client will cooperate with ADP and provide ADP with all necessary information and assistance required in order for ADP to successfully convert the Client Files. ADP will notify Client when, in accordance with its normal acceptance procedures, the applicable Client Files have been successfully converted and when the Essential ACA solution are operational. Client understands and agrees that if Client fails to provide the Client Files in order for such Client Files to be accepted and successfully converted by November I", in any given year, ADP will not provide the preparation and electronic filing of 1094c and 1095c forms for that year and Client will not be eligible for credit of any fees paid for the Essential ACA solution for that year. The obligations described in this Section 7 shall apply to ongoing provision of Client Files to ADP by Client. 8. Project Lead. Client will designate a project lead for the implementation of the Essential ACA solution and will promptly notify ADP of the name, telephone number and email address of such person. The Client project lead will be deemed to have authority to issue, execute, grant, or provide any approvals, requests, notices, or other communications required under this Annex E or requested by the other party in connection with the implementation of the Essential ACA solution. The project lead will bring appropriate personnel /skillsets to the project as needed. ADP Proprietary and Confidential ADP Major Account Services Version 1 E -1 9. Bil*g for Services. If Client is purchasing Essential ACA Services and the pricing for such Services is not bundled with Client's priding for Payroll Processing services, billing for such Services will begin on the earlier of (i) the date that the services are ava#lable for use by Client in a production environment OR (ii) ninety (90) days from the Effective Date. If the Services Client is purchasing pursuant to this Annex E are bundled with Payroll Processing Services, then billing for such Services shall commence in *cordance with the terms of Section 2 of Annex B. 10. Licensed Entity. Notwithstanding the use in this Annex E of the word "ADP", in the event that ADP determines that all or a portion of the Essential ACA solution may be subject to licensing or other regulatory requirements, such services shall be per -rmed solely by such wholly owned subsidiary of Automatic Data Processing, Inc. as shall be designated by ADP. I ADP Proprietary a *d Confidential ADP Major Account Services Version 1 E -2 Taxpayer Legal Natne: Eagle County Government , ox PO B 850 500 Broadway city, state d ega'adress _ Y zip, county, Eagle, CO 81631 Pa—, crr,t -t Heather Matthews rxecutiveContact Jacci McKenna 970.328.3514 _ _ Email eather.mathews @eaglecounty.us Phone (970)328 -8796 Email jacci.mckenna @eaglecounty.us *Hlstonca, Hours wil', allow Workforce Now to calculate 'ACA Benefit Status'. Without system calculation, client can code employees as 'Part Time or 'Full Time.'. Options below vary based on the extent of history the client wishes to bring over. Option 1: Client does not need or already has hours history in Workforce Now I� Check here if client does not need options 2, 3, 4 or 5 below; If not checked, please select ONLY one of the 4 options listed below Option 2: ACA Historical Hours Import: When client elects to upload up to 12 months of hours history themselves Client Elects: No Charge Option 3: ACA Historical Hours Import *: When up to 18 months of hours history is required. Includes: Extraction, conversion and import into Workforce Now on the client's behalf; Limited to one source / vendor Client Elects: $1,000 Conversion Fee (SCN: 4Z F003021 Option 4: ACA Historical Hours Import *: When up to 36 months of hours history is required Includes: Extraction, conversion and import Into Workforce Now on the client's behalf, Limited to one source / vendor J Client Elects: $1,500 Conversion Fee ISCN: 4Z F003011 Option 5: Full Check History Conversion *: When importing up to 4 years' worth of history is needed Includes Extraction, conversion and import into Workforce Now on the client's behalf, Limited to one source / vendor Client Elects: $2,600 Conversion Fee [SCN: 4Z F003001 *For Options 3, 4 or 5, Letter Agreement Required AND must provide prior vendor name. Note here: Option 1: Client does not need; Already has active plans with effective dating and historical data loaded in Workforce Now Benefits Module Check here if client does not need options 2 OR 3 below; If not checked, please select options 2 and /or 3 listed below Current Medical Plan Creation: Required only for migrating HR Proflle(PCPW), HR eXpert(Pay eXpert) & Essential HR IWFN v2) clients Option 2: that need a medical plan created, post migration, in Essential HR and Benefits. *Not needed for clients upgrading to Enhanced HR with Enhanced Benefits Includes: Creation of Current Plan, Enrollment and Dependent History going back to beginning of current calendar year Client Elects: $500 Conversion Fee (SCN: 4Z F00064) Option 3: ACA Employee Load: Required only if medical plan runs on a fiscal year or Benefits Module is setup mid - calendar year Includes Importing Effective Date; ACA Status, Minimum Value Provided, Cost of Employee -only Coverage for current calendar year Client Elects $500 Conversion Fee [SCN: 4Z F00063) Option 1: Client does not have a Self Funded/ Self insured Medical Plan OR already has an ACA Approved Benefits Module prior to 1/1/15 ✓ Check here if client has a Fully Insured medical plan OR had the ADP Benefits Module active as of 1/1/15 C� , Option 2: ACA Dependent Load: Required only if Self Funded /Self Insured plans AND client is implementing an ADP Benefits Module mid- calendar year Includes: Importing Effective Date, Covered Dependents and prior plan creation (if applicable) going back to beginning of current calendaryear Client Elects: $500 Conversion Fee ISCN: 4Z F00065) ._..... _..... .........__. ... ............ Terms and Conditions: Changes In pmiect scope and /or unforeseen Internal /external Issues such as delays beyond ADP control may Impact completion date and project cost. Prices for the statement of work as set on the effect,- date sralt not change, hrl any changes or additions to the statement of work shall be subject to price changes in the normal course of business, at ADP's discretion . l on co noLelon of the services, Cl.e t wdl — medlate:y notify ADP ,f the services and deliverables outlined In this statement of work have not been satisfactorily delivered- Sevices, Including any deliverable, will e crer sd accepted by C:I e ^t un e sa Client notifies ADP within 10 business days of the dale of completion of the services. Vie e e,t t nt C ie l ternnnah s this SOW or tie Agreement and work hereunder has already commenced, Client agrees that it is responsible for all costs and fees Incurred by ADP prior to the effective date of ,d,.l te.. dt n ar„ Inch amounts 1.1a., be due and payable by CLent to ADP within 5 days of receipt of Invoice. As part of the scope of this Statement of Work, custornlzation projects will be maintained and supported byADP within thirty 1301 days following delivery . Ongoing phone support, additional change requests and custon i upgrades, Including those coinciding with new software releases, are available at additional cost. After this initial 30 day period, recurring maintenance fees it detailed in this SOW will apply to those Professional Services Identified In this SOW. ?hib Statement of Work is an addendum to the Agreement executed by the parties and Is incorporated by reference as If fully set forth herein. All other terms and conditions of the Agreement shall remain in rcll. force and eitect In the event of any conflict between the terms and conditions of this Addendum and the terms and conditions of the Agreement, this Addendum shall prevail- The terms defined In the Agreement anc csed , ti- 5 Addendum shall have the same respective meanings as set forth In the Agreement, unless clearly otherwise defined In this Addendum. c proposal expnes Vr -ty 1301 days after Proposal Date If riot signed by Client_ Options & Rates above only apply to companies with up to 999. Valid through 9/25/2015. ADP Sales Associate: R i a n Date: C l a yd e n 5/28/15 Client Authorization: ' f —'— 0 Copyright 2015 ADP, LLC. Proprietary and Confidential- v2 -0 dated 5/8/20(15