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11-2 Resolution No. 11-2 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WAGEWORKS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall,City Manager,be and is hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with WageWorks, Inc. for the administration of the flexible spending, dependent care and health retirement account plans, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: January 12, 2011 Adopted: January 12, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk CITY OF ELGIN AGREEMENTFOR RFP#10-046 for Flexible Spending Account Services This Agreement is made and entered into this 12thday of January , 2011 by and between the City of Elgin, an Illinois municipal corporation, and WageWorks, Inc., a Delaware corporation ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement, the Request for Proposals (RFP) including all documents referenced therein and the Contractor's Proposal response ("Proposal") thereto incorporated by reference herein and made a part hereof. The CONTRACTOR shall provide the goods and/or services and the City shall pay for such goods and services all in accordance with the RFP and CONTRACTOR'S Proposal. In the event there is a conflict between this Agreement and the Proposal, the Proposal shall supersede this Agreement. ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. The contract term shall be one year with four one year options to renew at the City's sole discretion. ARTICLE III. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY, b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including, but not limited to, the following: (1) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control, (iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT, including, but not limited to the Affirmative Action requirements, and (vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen (14) days prior written notice. ARTICLE IV . DAMAGES. From any sums due to the CONTRACTOR for goods or services, the CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as directed by the Purchasing Director, incurred by the CITY as a consequence of procuring goods or services as a result of any failure, omission or mistake of the CONTRACTOR in providing goods or services as provided in THIS CONTRACT. ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances, such clause shall be void (the remainder of the contract shall not be affected) and the laws or ordinances shall be operative in lieu thereof. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this CONTRACT shall be in the Circuit Court of Kane County, Illinois. ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or physical handicap which would not interfere with the efficient performance of the job in question. The contractor will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original. ARTICLE IX. NOTICES. Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or registered, return receipt requested, addressed, if to CONTRACTOR, at the address set forth above to the attention of the project manager or undersigned representative, and if to the City, to the attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. ARTICLE X. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Contractor or Contractor's officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. ARTICLE XI. PUBLICITY. The CONTRACTOR may not use, in any form or medium, the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XII. APPROPRIATIONS. The fiscal year of the CITY is the 12 month period ending December 31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY'S obligations under the contract are not appropriated and authorized, then the CONTRACT shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the CITY for damages, penalties or other charges on account of such termination. ARTICLE XIII. AUTHORIZATION. This CONTRACT is in the best interests of the CITY and is authorized by law. If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY'S obligations under the contract are not appropriated and authorized, then the CONTRACT shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the CITY for damages, penalties or other charges on account of such termination. ARTICLE XIV. NO AGENCY. This CONTRACT shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto, except as may be specifically provided for herein. ARTICLE XV. CONFLICT. In the event of any conflict between the terms provided in any attachments hereto and the body of this CONTRACT, the terms and provisions of this CONTRACT shall control. ARTICLE XVI, APPLICABLE LAW. This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. ARTICLE XVII. COMPLIANCE WITH LAWS. Notwithstanding any other provision of this CONTRACT it is expressly agreed and understood that in connection with the performance of this CONTRACT that the CONTRACTOR shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, CONTRACTOR hereby certifies, represents and warrants to the CITY that all CONTRACTOR'S employees and/or agents who will be providing products and/or services with respect to this CONTRACT shall be legal residents of the United States. CONTRACTOR shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this CONTRACT. The CITY shall have the right to audit any records in the possession or control of the CONTRACTOR to determine CONTRACTOR'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the CONTRACTOR shall make available to the CITY the CONTRACTOR'S relevant records at no cost to the CITY. The CONTRACTOR shall pay any and all costs associated with any such audit. ARTICLE XVIII. SCOPE OF SERVICES. In addition to any and all goods and/or services contemplated by the Proposal, Contractor shall provide the following: 1. Provide a designated representative who is knowledgeable about all aspects of the FSA program and is always accessible by phone or e-mail during regular working hours to address emergency or non-emergency issues posed by the City's Human Resources Department. 2. Provide the City's Human Resources Department with access to expertise within the selected plan provider that can effectively address all legislative and legal questions regarding FSA program accounts and pertinent tax laws. 3. Administer the health retirement, medical and dependent care flexible spending accounts. 4. Review and make the appropriate changes to the existing Plan Documents to be provided by the City. 5. Receive employee's election forms via hard copy, electronic transfer or on-line through the selected plan providers' website during open enrollment and establish spending accounts in the selected plan providers' system for each participating FSA employee. 6. Mail confirmation notices and information on allowable expenses to the homes of participating FSA employees. This may be done via e-mail when the participating FSA employee provides an e-mail address. 7. Receive information regarding participating FSA employees pre-tax payroll deductions, terminations and leave status via hard copy, e-mail or electronic file. 8. Perform all claims processing functions, including verification of proper documentation of the expense, screening for duplicate payment, calculation of reimbursement due and payment directly to the participating FSA employee. 9. Provide optional use of a debit card for participating FSA employees enrolled in a medical reimbursement account. 10. If a claim is denied, immediately mail a letter to the participating FSA employee explaining why the claim was denied. If a participating FSA employee submits a reimbursement request for more than one expense and only one expense is denied, the participating FSA employee will be reimbursed for all approved eligible expenses, and the denied expense will be placed in a hold or"pending" status. 11. Mail or e-mail a notice by February 1St of each year reminding participating FSA employees that the Plan Year is coming to a close and that qualifying expenses must be incurred during the Plan Year to zero out their account. For participating FSA employees enrolled in the FSA program on the last day of the Plan Year, use February 28th or 291h as the last date of service for incurred eligible claims. The selected plan provider will also mail notices not later than April 1St to participating FSA employees who have balances on that date during the run-out period ending April 30tH 12. Pay claims bi-weekly. Have the ability to cut checks in off weeks to address issues where an employee's claim was incorrectly rejected. 13. Provide reimbursement checks and the distribution ledger to the City's Fiscal Services Department. The Fiscal Services Department will review the ledger and the total amount on the check run in order to transfer funds to the designated bank account on the same day. 14. Provide the option to allow participating FSA employees to have their reimbursements directly deposited into a checking or savings account. If a participating FSA employee does not choose the direct deposit option, the reimbursement checks will be mailed by the provider to the participating FSA employee's home. 15. Any dependent daycare amounts that are unpaid due to expenses exceeding the amount in the account at the time of the claim should be automatically paid as money accumulates in the dependent daycare account without resubmission of the unpaid claim. 16. Use April 30th of each year as the run-out period at the end of each Plan Year to submit for reimbursement. 17. Process claims simultaneously for different Plan Years. All reporting will be broken out by each Plan Year. 18. Receive balances from prior TPA for Plan Year 2010-2011 from participating FSA employees and administer claims submitted during the run-out period through April 301H 19. Provide online access to the City's Human Resources Department to review FSA contributions and payments for each participating FSA program. 20. Provide the City with an administrator's manual detailing the selected plan provider's administrative procedures in operating the FSA program. 21. Accept information from the City's payroll system and seamlessly transfer participating FSA employee contributions to their account throughout the course of the Plan Year. 22. Provide a toll-free number to participating FSA employees that is available twenty-four (24) hours per day, and provide direct telephone access to the participating FSA employee's medical reimbursement account and/or dependent daycare reimbursement account information. 23. Provide a toll-free number to participating FSA employees who want to speak with a customer service representative (not a recording) that is available at least ten (10) hours per day. 24. Provide a toll-free number to participating FSA employees that is available twenty-four (24) hours per day to receive claims. 25. Provide online access to participating FSA employees so they can view their specific account information, as well as general plan rules, supporting documents and claim forms. 26. Provide account access regarding participating FSA employees to the selected plan provider's customer service representatives so they can answer questions from participating FSA employees regarding paid, pending and denied claims. 27. Provide copies of the following monthly reports to be sent or e-mailed to the City: a. Payroll Deduction Report(Contribution Report) b. Check Register Report(Payment Report) C. Plan Balances Report d. Forfeiture Report 28. Provide participation reports for both the medical reimbursement account and the dependent daycare reimbursement account plans. 29. Perform annual discrimination testing for the FSA program using information from the City's payroll system. 30. Provide seamless transition from one program year to the next with minimal wait time for payment of the new year's claims." ARTICLE XIX. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises, terms, conditions or obligations other than those contained therein; and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CON RACTOR ITY OF ELGIN Barbara L. Gonzales Sean Stegall VP, Public Sector Division City Manager FEIN NO. 94-3351864 City Council ELGIN Report to Mayor& Members of THE CITY IN THE SUBURBS MEETING DATE: December 15, 2010 INITIATIVE F: RFP 10-046, Flexible Spending Plan Administrator COMMUNITY GOAL ■ Customer Service: To provide IRS Section 125 (flexible spending) plan administration for our employees OBJECTIVE ■ Award a contract for administration of flexible spending, dependent care and health retirement account plans PURPOSE ■ To enable employees to pay for health and dependent care services on a pre- tax basis,thereby lowering taxable income for both the employee and the city RECOMMENDATION ■ Award a contract to FBMC Benefits Management for administration of the city's flexible spending, dependent care and health retirement account plans BACKGROUND In 2005, employees began paying a portion of their health insurance premiums. A flexible benefit program to enable employees to pay their premium portion on a pre-tax basis was established through the then current health insurance broker, Global Benefits. Global Benefits received proposals for flexible benefit program administration services which were reviewed with city staff. Flexible Benefit Service Corporation was selected and entered into an agreement directly with Global Benefits, at no cost to the city. Global Benefits paid for these services through 2007 at which point the city contracted directly with Flexible Benefit Service Corporation. Since these services have not been competitively bid since 2005, a Request for Proposals (RFP)for flexible spending plan administration was released in October. r and their reference checks confirmed that they are capable of providing the city with enhanced services. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS Flexible account administration is paid for out of the city's Medical Insurance Fund.For the last two fiscal years, the City incurred between $17,000 and $18,500 in total annual cost for flexible account administration. Based on static enrollment numbers, FBMC's administrative services would cost approximately$19,700 per year, with no increase in fees through 2015. The proposed 2011 Medical Insurance Fund budget has sufficient resources available to award FBMC a contract for flexible account administrative services in the amount of$19,700. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE Medical 635-0000-796.30-99 n/a $105,510 $9,207 Insurance LEGAL IMPACT The RFP was advertised in the Courier News on September 30, 2010 and posted on the city's website.Ten proposals were received on October 15, 2010. ALTERNATIVE COURSES OF ACTION The city council may decide not to award the contract to FBMC. NEXT STEPS 1. Execute agreement with FBMC t I FLEXIBLE SPENDING PLAN ADMINISTRATION 1-01 R-M -Fkxible B—fit S�Corp x I — 5 W Kgg—�Rd �WK7. �ahh BMW 1 �N Rd Mg- 1027 R BENEFIT ADVANTAGE FBMC B..fi Dr.- 100 3101 Sessiom Rd 2400 Cbat Drive S.A.500 -t 11, suite r0T-j1.4.10,0i6 TABULATION OF BIDS 3431 COMMODITY Rmemwtil-60015 DiTy LANE -`�!' CITY OF ELGIN GREEN SAY W 54304 TWIh—.Fl.32303 *j,. U�I.IL 60532 Invitation No: 10-046 Date of Opening:10115/10 extended price unit rice Department HR unit unit price extended price I u0scrip". p; extended r, $4.00 252-00 F $5.00 $4.30 $3.80 S1,180AL PEPM*Admin Fee FSA 313 .per employee per month cc $3.50 0 54.30 $3.80 $5.00 $285 PEPM*Admin Fee HRA 57 00 370 $0. S65,50 $0.00 $0.00 $0.00 $0.15 Claims reimbursement fee pepm $1.461,50 $1,537.00 $1,764.50 $1591 AO MONTHLY TOTAL $0.00 Soo $0.00 $0.00 OPTIONAL SERVICES $3.00 $1,110.00 $4.30 $1,591,00 Run out Fee $0.00 $0.00 $0.00 $0.100 OPEN ENROLLMENT $2.50 5 0 11) $0.90 Employee Information Packet 370 hard copy $0.00 50,00 $0.00 $0.00 Employee Information Packet $0.00 $0.00 electronic A` ELGIN THE CITY IN THE SUBURBS" DATE: January 27, 2011 TO: Gail Cohen, Human Resources Director FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 11-2, Adopted at the January 12, 2011, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Agreement with WageWorks, Inc.