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HomeMy WebLinkAboutC-7944-2 - Benefit Coordinators Corporation Administration Agreement**"BCC ,J BENEFIT COORDINATORS CORPORATION ADMINISTRATION AGREEMENT Name of Employer City of Newport Beach (hereinafter referred to as "City or Employer") Business Address 100 Civic Center Drive Newport Beach, CA 92660 Employer's tax identification number (EIN): 95-6000751. Effective Date: April 1, 2025 In consideration of the covenants and obligations set forth herein, Self Insured Services Company LLC, doing business as, Benefit Coordinators Corporation (hereinafter referred to as the "Administrator") and Employer hereby agree as follows: SECTION I - SERVICES TO BE PROVIDED TO EMPLOYER AND ADMINISTRATOR 1.1 Administrator agrees to provide administrative services to Employer identified in the "Services Exhibit" attached to this Benefit Coordinators Corporation Plan Administration Agreement (the "Administration Agreement" or the "Agreement"), as more fully set forth in each Exhibit, and in accordance with the following terms and conditions. All of the Services shall be performed by Administrator or under Administrator's supervision. Administrator represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Services, Administrator certifies that the Services conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 1.2 Administrator shall perform the services under this Agreement (the "Services") professionally, diligently, and in accordance with industry standards. Administrator has obtained and will maintain during the term of this Agreement, all applicable licenses, permits, approvals and certifications necessary to provide the Services and will comply with all applicable federal, state, and local laws, statutes, ordinances, rules and regulations. 1.3 Employer will provide to Administrator the accurate data needed by Administrator to perform the services contemplated by this Agreement that Employer has verified and updated at routine and timely intervals. 1.4 Term. The term of this Agreement shall commence on the Effective Date, and remain in effect for five (5) years (the "Term"), unless terminated earlier as set forth herein. SECTION II -ADMINISTRATION FEES 2.1 Employer shall pay fees to the Administrator as set forth in the Schedule of Fees Exhibit of this Agreement, which shall not exceed One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00). The "start up" fees for the purpose of establishing the service in connection with Employer shall be due and payable upon execution of this Agreement and shall not be refundable under any circumstances. The Administrator's fees will be subject to revision at the contract renewal and any change in fees will be communicated to Employer thirty (30) days prior BENEFIT COORDINATORS CORPORATION (BCC) I WWW.BCCBENEFITSOLUTIONS.COM TWO ROBINSON PLAZA, STE.200, PITTSBURGH, PA 15205 1 T412.276.1111 I F412.276.6650 to the effective date of the change. Administrator reserves the right, with 30 days' notice, to modify fees if Employer's employee base is modified by a 20% or greater percentage. 2.2 Administrator has the right to immediately terminate services under this Agreement in the event Employer fails to comply with the terms of the Fee Agreement in any material respect, including, but not limited to Employer's failure to pay any fee of the Administrator when due. In the event of any such termination, the Administrator will notify the Employer thirty (30) days prior to the effective date of the termination. In lieu of termination, the Administrator, in its sole discretion, may offer the Employer the opportunity to continue service by paying all past due amounts along with a reinstatement fee. 2.3 Administrator may immediately terminate Services under this Agreement if Employer materially breaches the Agreement, including, but not limited to, any failure by Employer or its agents to pay any fee of the Administrator when due. In the event of any such termination, Administrator will notify Employer prior to the effective date of termination. In lieu of termination, Administrator, in its sole discretion, may offer Employer the opportunity to continue Services upon payment of all past due and a reinstatement fee. 2.4 Employer shall reimburse Administrator for expenses incurred for the printing and postage of any material produced specifically for Employer and sent via U. S. mail to the participants, if the material is outside the scope of services listed on the Schedule of Fees and approved in advance in writing by Employer. All expenses shall require the Employer's advance written consent. 2.5 Employer shall reimburse the Administrator for any reasonable charges incurred due to insufficient funds, returned check fees, or other similar fees incurred through Employer's payment of fees due to the Administrator or claims payments. SECTION III - LIABILITY & INDEMNITY 3.1 The Administrator does not insure or underwrite Employer's liability under the Plans. Employer retains financial and fiduciary responsibility for claims made under the Plans and for all expenses incident to the Plans, except as specifically assumed by the Administrator in this Agreement. 3.2 Employer agrees to indemnify and hold harmless Administrator, its successors and assigns, against any and all loss, damage and expense, including attorneys' fees (collectively, a "Loss"), occasioned by claims, demands or lawsuits brought against Administrator to recover benefits under the Plans, except to the extent such Loss resulted from the fraud, negligence or willful misconduct of Administrator. This section shall not prevent Employer from pursuing a breach of contract action against the Administrator for any failure of the Administrator to properly perform its duties under this Agreement. 3.3 The right to be defended, indemnified, and held harmless extends to Administrator's employees, their estates, executors, administrators, guardians, conservators and heirs and applies after the employee ceases employment with Administrator for acts or omissions during employment. 3.4 To the extent permitted by law, Employer agrees to indemnify Administrator for any charges or fees incurred or arising due to Employer's lack of timely reporting of eligibility changes or terminations. This indemnification extends to any liability relating to the performance, or failure to perform, of any agent performing any of Employer's duties under this Agreement, including, but not limited to, failure to deliver timely and accurate enrollment or eligibility data by any agent with which Employer has contracted to provide such data. 3.5 Administrator agrees to indemnify and hold harmless Employer, its City Council, boards and commissions, officers, agents, volunteers, employees its successors and assigns, against any and all loss, damage and expense, including attorneys' fees, occasioned by claims, demands or lawsuits brought against Employer relating to the negligence performance of, or failure to perform, the responsibilities placed on Administrator by this Administration Agreement and/or claims arising from this Agreement. 2 3.6 Insurance: Without limiting Administrator's indemnification of Employer, and prior to commencement of Services, Administrator shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Insurance Exhibit, and incorporated herein by reference. 3.7 All obligations related to indemnification and liability will survive termination or expiration of this Agreement. SECTION IV - TERMINATION & REVISION 4.1 The terms in this Administration Agreement are effective from the date of execution until either party terminates this Administration Agreement. Modification. If a party desires to modify this Administration Agreement, it must notify the other party in writing at least thirty (30) days prior to the effective date of such modification or, in the event of a proposed modification due to a change in local, state, or federal law, as soon as possible. The effective date will be no sooner than the end of the coverage month following thirty (30) days from the date of notice. 4.2 Termination. Either party may terminate this Administration Agreement for any reason by sending written notice of intent to terminate at least ninety (90) days before the date of termination. Upon receipt of notice of termination by either party, Administrator must submit to Employer a timeline for disengagement of services. A. If Employer's desired effective date of termination is less than ninety (90) days, Employer will be responsible for any and all fees for the full ninety (90) termination period, and Employer assumes responsibility and liability for any outstanding and new errors, discrepancies and unresolved issues, even if the issue resulted from a period during which Administrator was the Administrator. B. If Employer requires additional time to access the system beyond the termination date, a signed amendment is required prior to the termination date. Administration will grant access to Employer for fee of $500 per month. If Employer does not timely respond with aforementioned amendment and/or payment prior to the termination date, Administrator will revoke Employer's system access and purge Employer's data as of the date of termination. Employer will not have an ability to reactivate. C. Except for terminations as provided in 4.4 below, upon execution of a Run -Out Agreement, Administrator will process claims and/or qualifying events incurred prior to the termination date for a period not to exceed ninety (90) days after the termination date, at the standard monthly fee. 4.3 Administrator's obligations to employees' and their dependents' relevant rights to payment of benefits from the Plan will be terminated and extinguished on the effective date of termination, except as provided in Section 4.5 below. 4.4 Either party may terminate this Agreement immediately upon: (i) the occurrence of a material breach by the other party, which material breach has not been cured within 30 days after written notice; (ii) termination or suspension by the other party of its business; (iii) the other party becoming subject to any bankruptcy or insolvency proceeding under the laws of any jurisdiction; (iv) the other party failing to pay its debts as they become due, becoming insolvent, or becoming subject to direct control by a trustee, receiver or similar authority; or (v) the other party goes into liquidation, voluntarily or otherwise. 3 This Agreement may be terminated by any federal, state, municipal, local, territorial, or other governmental department, regulatory authority, judicial or administrative body, whether domestic, foreign or international with jurisdiction over the parties ("Regulator"), or by the parties at the direction of any Regulator. City shall incur no liability whatsoever in the event of the termination of this Agreement by a Regulator. However, City shall pay to Administrator all fees due and owed up to and including the date of termination. 4.5 In the event of termination, Administrator will cooperate fully with Employer and assist Employer in navigating the assumption of the Services by a new provider. To assist in the transition, Administrator will provide Employer or a new provider all access to records, files, including computer files (i.e., magnetic tape, disc, etc.), facilities and premises necessary for performance of the Services. Upon termination, all fees due the Administrator will be payable within thirty (30) days of final invoicing . 4.6 If Employer terminates within twelve (12) months of the Effective Date, payment for the full initial term (twelve (12) months) will be immediately due and payable to Administrator within thirty (30) days of final invoicing. After the initial twelve (12) month period, if City terminates this Agreement due to no fault or failure of performance by Administrator, then Administrator shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Administrator be entitled to receive more than the amount that would be paid to Administrator for the full performance of the services required by this Agreement. 4.7 If Employer terminates or provides notice of termination prior to, within and/or less than ninety (90) days after Administrator has processed or is expected to process Employer's open enrollment, Administrator may charge a disengagement fee to recover costs associated with the open enrollment (EDI programming, system build out, etc.) process. 4.8 All terminated — related notices must be written and delivered personally or mailed via certified mail, return receipt requested. Administrator will deliver or mail notices to Employer to the address first written above. Employer will deliver or mail notices to the Administrator to Benefit Coordinators Corporation, at Two Robinson Plaza, Suite 200, Pittsburgh, PA 15205-1324. If either party wishes to change its address for purposes of notice, it must notify the other party of the new address in writing. SECTION V -ASSIGNMENT 5.1 Employer may not assign its rights or obligations under this Administration Agreement without the prior written consent of Administrator. Any attempted assignment, change of control, or sale of a majority of Employer's equity or assets automatically terminates this Administration Agreement; all sums due hereunder shall be immediately due and payable. Administrator may assign this Administration Agreement without Employer's prior consent, and Administrator's rights, title and interest herein shall inure to the benefit of such assignee, its successors and assigns. SECTION VI - FORCE MAJEURE 6.1 No party shall be liable or responsible for delays or errors due to circumstances beyond its reasonable control, including, but not limited to, acts of civil or military authority, national emergencies, labor difficulties, fire, mechanical breakdown, hurricane, flood or catastrophe, Acts of God, insurrection, war, riots or failure of communication or power supply. SECTION VII - CONFIDENTIAL INFORMATION 7.1 Except as required by federal and state public disclosure laws, the parties will maintain the confidentiality of all medical, prescription, and other patient -identifiable health information relating to claims administered under this Administration Agreement in accordance with applicable laws and regulations, including the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as amended from time to time. The parties acknowledge that Administrator needs access to Patient Information to provide services and perform the obligations herein. The parties also acknowledge that Patient Information may be obtained from and E distributed to Employer or any other third party in connection with services provided herein, including disclosures made by Administrator, such as, but not limited to, disclosures to a new vendor upon transition of services following termination of this Administration Agreement. 7.2 Certain management reports, reporting packages, utilization data, and/or claims information may contain Patient Information. Employer's request to the Administrator to disclose Patient Information to any third party (e.g. broker, healthcare consultant, etc.) constitutes Employer's direction and authorization to disclose such information to the third party. Administrator will disclose such information pursuant to Employer's direction until Administrator receives written notice from Employer to cease further disclosures. Employer acknowledges HIPAA requirements and obligations regarding the disclosure of Patient Information to third parties on Employer's behalf. Accordingly, if required, Employer agrees to enter into "Business Associate" contracts (as such term is defined in Title 45, Section 160.103 of the Code of Federal Regulations) with such parties as well as any other agreements required by state, federal law or regulation. SECTION VIII - MISCELLANEOUS PROVISIONS 8.1 Benefits under the Plans covered by this Agreement are provided solely from Employer's general assets and insurance purchased by Employer (if any). If the Plans provide for employee contributions through payroll withholding, Employer represents to the Administrator that it will comply in all material respects with the requirements of all applicable laws, including those related to trust, reporting and disclosure requirements under the Employee Retirement Income Security Act of 1974 ("ERISA"). 8.2 This Agreement shall be governed by, and construed and enforced in accordance with, the substantive laws of the State of California, without regard to its principles of choice of laws, and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 8.3 This is the entire agreement between the parties. No representations, understandings, or agreements exist between the parties on the subject matter of this agreement other than as set forth in this Administration Agreement. 8.4 If any provision of this Administration Agreement or application of any such provision shall be held unenforceable by a court of competent jurisdiction, the remaining provisions of this Administration Agreement shall continue in full force and effect. 8.5 The failure of Administrator to enforce compliance with any terms or conditions of this Agreement, the waiver of any term or condition of this Agreement, or an extension of time for performance, shall not constitute waiver of any term or condition of this Agreement; this Agreement and its provisions shall remain at all times in full force and effect. 8.6 The Plan "Administrator" (as defined in Section 3(16)a of the Employee Retirement Income Security Act of 1974 ("ERISA") and "Named Fiduciary" (ERISA Section 402(a)(2)) of the Plan is Employer. 8.7 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 8.8 It is understood that City retains Administrator on an independent contractor basis and Administrator is not an agent or employee of City. The manner and means of conducting the Services are under the control of Administrator, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Administrator or its employees. Nothing in this Agreement shall be deemed to constitute approval for Administrator or any of Administrator's employees or agents, to be the agents or employees of City. Administrator shall have the responsibility for and control over the means of performing the Services, provided that Administrator is in 5 compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Administrator as to the details of the performance of the Services or to exercise a measure of control over Administrator shall mean only that Administrator shall follow the desires of City with respect to the results of the Services. 8.9 Compliance with all Laws. Administrator shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Administrator shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. The undersigned warrants and represents that the undersigned has full power and authority to enter into this Agreement, to bind each Party hereto, and to grant the rights set forth herein effective as of 4 1 2025. City of Newport Beach APPROVED AS TO FORA: CITY ATTORNEY'S OFFICE Signature: 1 v Date: Printed N �e: Grace K. Leung Title: City Manager (Authorized Officer) ar n C. Harp, City Attorney //�� ,l L�I.lS Date: Lyl1425 A �e Self Insured Services Company LLC dba BENEFIT COORDINATORS CORPORATION Signature: eC'PaC� Printed Name: Title: (Authorized Officer) Date: Molly Perry Interim City Clerk J compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Administrator as to the details of the performance of the Services or to exercise a measure of control over Administrator shall mean only that Administrator shall follow the desires of City with respect to the results of the Services. 8.9 Compliance with all Laws. Administrator shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Administrator shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. The undersigned warrants and represents that the undersigned has full power and authority to enter into this Agreement, to bind each Party hereto, and to grant the rights set forth herein effective as of 4 1 2025. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: - 7/4,Y /,- - -- L r n C. Harp, City Attorney � ty dy A i_ City of Newport Beach Signature: Printed Name: Grace K. Leung Title: City Manager (Authorized Officer) Date: ed Services Company LLC dba BENEFIT ORDI ATO S PORATION Signature: Printed Name: ��AJ\J Title: z�-N1 (Authorized Officer) Date: —1 — ---�o _25 BENEFIT COORDINATORS CORPORATION ADMINISTRATION AGREEMENT SERVICES EXHIBIT This Exhibit is effective 4 1 2025, and continues in force until amended. ® BenXcel° ® Retiree Billing Administration BENEFIT COORDINATORS CORPORATION ADMINISTRATION AGREEMENT BENXCEL EXHIBIT BenXcel Usage Agreement By using the BenXcel online benefits administration system provided by Administrator, Employer agrees to be bound by the following terms and conditions of this BenXcel Usage Agreement: SECTION I - GENERAL INFORMATION 1.1 The BenXcel online benefits administration system is a fully integrated web enrollment and HR administration tool, which empowers HR departments to manage all benefit administrative tasks online and in real-time. SECTION II —THE ADMINISTRATOR'S RESPONSIBILITIES In consideration of the fees to be paid to it, Administrator shall provide the following services: 2.1 Administrator shall provide Employer and its employees with access, via the internet, to the BenXcel online benefits administration system, in connection with the performance of services by Administrator on behalf of Employer pursuant to the administration agreements set forth on the Services Exhibit in this Administration Agreement. 2.2 Administrator shall provide demonstrations of the BenXcel online benefits administration system for the benefit of Employer and its employees, and training for administrative personnel and support services for the ongoing utilization of the system. 2.3 Administrator shall make the BenXcel online benefits administration system available on a best efforts basis. This includes having backups of data, multiple and in most cases redundant connections to the internet, and readily available technical expertise. Administrator reserves the right to schedule periodic maintenance for the BenXcel system, including repairs, upgrades and reconfigurations. During such maintenance periods, Employer and its employees may be unable to access or use the BenXcel system. 2.4 The services provided by Administrator and the BenXcel online benefits administration system are expected to change from time to time. Administrator reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures and system hardware and software. 2.5 Administrator has taken reasonable actions to ensure that personal information with respect to Employer and/or its employees are disclosed only to those designated by Employer. However, Employer acknowledges that the internet is an open system and Administrator cannot and does not warrant or guarantee that third parties will not intercept personal information. 2.6 Administrator has taken reasonable actions to ensure that the BenXcel online benefits administration system satisfies the requirements of the Health Insurance Portability and Accountability Act of 1996, including but not limited to the regulations with respect to privacy and security of health information. 2.7 If the Sage Financial Wellness Tool is elected, Administrator will provide Single Sign On (SSO) access to the Sage Financial Wellness Tool for Employer's employee population. All terms and conditions of the Sage Financial Wellness Tool and the Sage Platform are defined in the Sage Financial Wellness Platform Agreement executed between and by the Employer and Sage Financial Wellness, Inc. SECTION III — EMPLOYER'S RESPONSIBILITIES Employer shall: 3.1 Be responsible for any and all expenses and charges associated with accessing the internet and connecting to the website containing the BenXcel online benefits administration system, any service fees associated with such access and connection, and for providing all equipment necessary for Employer and/or its employees to make such connection, including, without limitation, computer and modem. 3.2 Employer shall be responsible for authorizing and revoking security access to its employees and/or representatives in accordance with Administrator's security procedures. Employer shall be solely responsible for maintaining the confidentiality of accounts and passwords and for restricting access to computers of employees and/or representatives to whom Employer grants security access under the BenXcel online benefits administration system. 3.3 Employer shall be solely responsible for any and all activities which occur under accounts and passwords of employees and/or representatives to whom Employer grants security access. Employer agrees to notify Administrator immediately if Employer has any reason to believe that the security of an account has been compromised. 3.4 Employer shall be solely responsible for implementing appropriate safeguards and procedures in order to satisfy Employer's responsibilities under the Health Insurance Portability and Accountability Act of 1996, including but not limited to the regulations with respect to administrative requirements. Employer certifies that any and all access to protected health information by employees and/or representatives to whom Employer grants security access is solely and exclusively for purposes of treatment, payment or healthcare operations, and that such access to protected health information is both permitted and satisfies the minimum necessary standard under the Health Insurance Portability and Accountability Act of 1996. SECTION IV -INTELLECTUAL PROPERTY 4.1 All content included on the BenXcel site, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the Materials) is the property of Administrator or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All such content is copyrighted as a collective work under the US copyright laws (17 U.S.C. § 101, et. seq.) and international treaty provisions, and Administrator owns a copyright in the selection, coordination, arrangement, and displayed enhancement of such content. All software used on this site is the property of Administrator or its software suppliers and is protected by US and international copyright laws. Employer may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on the site, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site, except as specifically permitted below, is strictly prohibited. BenXcel is a trademark of Administrator. All other marks, names, and logos mentioned on the BenXcel site are the property of their respective owners. Employer's use of the Administrator's trademarks is strictly prohibited. SECTION V - INCORPORATION BY REFERENCE 5.1 The terms and provisions of the Administration Agreement are made a part hereof and incorporated herein by reference. BENEFIT COORDINATORS CORPORATION ADMINISTRATION AGREEMENT RETIREE BILLING EXHIBIT Retiree Billing and Remittance Services Agreement Employer appoints the Administrator to provide retiree billing and remittance services (the "Services") under Employer's employee welfare benefit plan(s) identified below under the following terms and conditions of this Agreement: SECTION I - PLAN INFORMATION 1.1 Plan Name(s) City of Newport Beach Health & Welfare Plan_. SECTION II — THE ADMINISTRATOR'S RESPONSIBILITIES 2.1 Maintain eligibility for the various insurance products under the Plan in accordance with the carrier policies. 2.2 Update coverage amounts when approval notification has been received from a carrier when applicable. 2.3 Invoice individual retirees for premiums relating to any coverages for which the retirees are required to pay. 2.4 Remit retiree premiums back to Employer, when active employee premiums for products are not being invoiced by the Administrator or to the carrier but when the Administrator is invoicing Employer for the active employee premiums for the products. SECTION III - EMPLOYER'S RESPONSIBILITIES 3.1 Provide employee eligibility information and documentation to the Administrator on a timely basis. 3.2 Review monthly invoices for errors and/or omissions, and promptly (and in no event later than 60 days) notify the Administrator of any such errors or omissions. 3.3 Remit fees to the Administrator on a timely basis. 3.4 Provide timely notification of all Plan, rate and insurance carrier changes to the Administrator. SECTION IV - INCORPORATION BY REFERENCE 4.1 The terms and provisions of the Administration Agreement are made a part hereof and incorporated herein by reference. BENEFIT COORDINATORS CORPORATION ADMINISTRATION AGREEMENT SCHEDULE OF FEES EXHIBIT Schedule of Fees for City of Newport Beach as of 4/1/2025 *Listed rates term 12/31/2029* Retiree Administration: Initial, non-refundable Setup Fee due upon $n/a execution of this Agreement: Monthly Administration Fee: $4.95 per retiree per month through 12/31/2026 $5.20 per retiree per month effective 1/1/2027 through 12/31/2029 Other Fees and Services: Annual COBRA and Retiree Open Enrollment Fulfillment/Communication Services • OPTION A: Census Report No Charge • OPTION B: Website & Notification Letters $250 PER WEBSITE per year, and $4 PER LETTER per year $25.00 per packet; must be pre - Printed open enrollment packet fulfillment charge approved by client prior to mailing Additional Services and Materials Fees quoted upon request Wire Transfer Fee: $25.00 per wire Development hours exceeding standard $125/hour development time (as quoted per project) ACH Transfer Fee: No Charge Non -Sufficient Funds Fee: $25.00 per rejected check/transaction Reinstatement Fee: Determined by Administrator at time of reinstatement Meetings, Health Fairs No charge for webinars. On -site meetings may incur time/travel charge. Fee will be quoted when a meeting is requested. BENEFIT COORDINATORS CORPORATION ADMINISTRATION AGREEMENT INSURANCE EXHIBIT 1. Provision of Insurance. Without limiting Administrator's indemnification of City, and prior to commencement of Work, Administrator shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Administrator agrees to provide insurance in accordance with requirements set forth here. If Administrator uses existing coverage to comply and that coverage does not meet these requirements, Administrator agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Administrator shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. Administrator shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Administrator shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from bodily injury, property damage, personal and advertising injury, and liability assumed under an insured agreement (including the tort liability of another assumed in a business agreement). C. Automobile Liability Insurance. Administrator shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Administrator arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Professional Liability (Errors & Omissions) Insurance. Administrator shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and four million dollars ($4,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Administrator agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. E. Crime Insurance. Administrator shall maintain Comprehensive Crime Coverage, including employee dishonesty/fidelity coverage, covering the theft, loss or destruction of money and securities either on -site or in -transit, in an amount not less than one million dollars ($1,000,000). F. Cyber Liability. Administrator shall maintain Cyber and Privacy Insurance with limits of not less than two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) in the aggregate. Such insurance shall include coverage for liability arising from theft, dissemination, and/or use of confidential information, including but not limited to, bank and credit card account information or personal and health information, stored or transmitted in electronic form. G. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this agreement, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this agreement, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Administrator's primary and excess/umbrella liability policies are exhausted. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. General Liability insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees, or shall specifically allow Administrator or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Administrator hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess/umbrella liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as additional insureds under such policies. C. Primary and Non -Contributory. Administrator's General Liability insurance coverage shall be primary insurance and/or the primary source of recovery with respect to the City, its City Council, boards and commissions, officers, agents, volunteers and employees. General liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. General Liability policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage. In like manner, Administrator shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required)." 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Administrator shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Agreement must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City within fifteen (15) days of receipt of renewed certificate from the insurance carrier but no more than thirty (30) days past expiration of any such policy. If such coverage is cancelled or reduced, Administrator shall, within fifteen (15) business days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Administrator ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Administrator, City and Administrator may renegotiate Administrator's compensation. C. Right to Review Subconsultants. Administrator agrees that upon request, all agreements with subconsultants or others with whom Administrator enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Administrator shall require and verify that all subconsultants maintain insurance meeting all the requirements stated herein, and Administrator shall ensure that City is an additional insured on insurance required from sub subconsultants. For CGL coverage, subconsultants shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Administrator acknowledges and agrees that any actual or alleged failure on the part of City to inform Administrator of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Administrator maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Administrator. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Administrator or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Administrator's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Administrator or reimbursed by Administrator upon demand. H. Timely Notice of Claims. Administrator shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Administrator's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Administrator's Insurance. Administrator shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Q R 308 D. 57 ® e qSearch Insured Name Benefits Coordinators Corporation (FVOOC Ls i Benefits Coordinators Corporation Active Records Only Advance Search Insured Tasks Admin Tools View ssi Insured Notes .� History �= Deficiencies Coverages Requirements Add Edit Help Video Tutorials ski Insured Name: Benefits Coordinators Corporation • n Account Number: FV00001409 Address: Two Robinson Plaza, Suite 200, Pittsburgh, PA, 15205 Status: Currently in Compliance. Insured Business Units) Print Insured Info Account Information Account Number: Risk Type: Do Not Call: Address Information Mailing Address Insured: Address 1: Address 2: City: FV00001409 Professional Services Agreement Benefits Coordinators Corporation Two Robinson Plaza, Suite 200 Pittsburgh Address Updated: Physical Address Zip: Country: Contract Information Contract Number: Contract Start Date: Contract Effective Date: Description of Services: Contact Information Contact Name: Phone Number: Fax Number: 15205 Contract End Date: Contract Expiration Date: Safety Form II: Misc: Alt Phone Number: E-Mail Address: asnyder@BCCBenefitSolutions.com Approval Date: Rush: No Contract on File: No Certificate Received: No Indemnification Agreement: No Tax Id: This Account created by 936 on 07/14/2025.