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HomeMy WebLinkAboutContracts & Agreements_214-2021AMENDMENT TO THE UNIVERSAL SERVICE AGREEMENT This Amendment ("Amendment") is by and between Worxtime, LLC (a wholly owned subsidiary of TALX Corporation and hereinafter shall be referred to as "Worxtime") and City of Redlands ("Client"), and is effective as of December 1, 2021 ("Effective Date") This Amendment is entered into with the express agreement that except as addressed herein, all terms, conditions and stipulations contained in the Universal Service Agreement between Worxtime and Client, with an Effective Date of December 1, 2018, as amended, (the "Agreement") shall remain in full force and effect and without any change or modification whatsoever For the purposes of this Amendment, all capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Agreement. WHEREAS, the parties desire to amend their Agreement, as set forth herein and hereby reaffirm and ratify each of the terms and conditions in the Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants set forth herein, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the Agreement as follows Amendment to Schedule A — ACA Reporting Service and its associated Schedule B dated December 1, 2018 1 Schedule A, section 2. Term The Term is hereby amended as follows Effective December 1, 2021, the term is hereby extended for an additional three (3) years 2. Schedule A, Exhibit 1 — Fees — the following shall be added State Mandate Reporting Subscription The State Mandate Reporting Subscription will be invoiced annually the month after production Any fees for subsequent transmissions will be invoiced monthly after utilization Annual Fixed -Fee Description Purchased Unit Price Total State Mandate Reporting Yes See below New Jersey Filing Transmittal Service (includes 2 filing transmissions); Subsequent transmissions will be invoiced at $1,000/each No N/A N/A District of Columbia Filing Transmittal Service (includes 2 filing transmissions); Subsequent transmissions will be invoiced at $1,000/each No N/A N/A California Filing Transmittal Service (includes 2 filing transmissions); Subsequent transmissions will be invoiced at $1,000/each Yes $2,000 $2,000 Rhode Island Filing Transmittal Service (includes 2 filing transmissions); Subsequent transmissions will be invoiced at $1, 000/each No N/A N/A Total Annual Fixed -Fees $2,000 The annual escalator from the contract will be applied on the anniversary of the contract's Renewal Date. This contract referenced above does not have an annual escalator 3. Schedule B, Service Description Overview — the following shall be added State Mandate Reporting Description The State Mandate Reporting Service is designed to transmit Client's Data to the specified state per the instructions based on individual state requirements Service Delivery Tasks Worxtime will perform the following tasks in the delivery of this service Transmit Tax Form 1094-C/1095-C Data elements according to the distribution requirement(s) defined by the state(s) selected in Exhibit 1 - Fees March 10, 2020 Template CUS-21 14960 FOR EXECUTION 09.21.21 Worxtime Amendment Page 1 of 3 Assumptions Client understands that for Worxtime to transmit to individual state entities, Client must have completed the implementation of Services and have uploaded all required Data. Worxtime will charge Client as noted in Exhibit 1 - Fees for each subsequent transmission to the state(s) if additional transmissions are required Client Purchase Orders If the use of a Purchase Order ("PO") or similar ordering document is required by Client, the following information must be provided as part of the Agreement. Failure to include this information reflects Client's agreement that a PO shall not be required by Client. Client shall provide notice of any PO changes no less than ninety (90) days prior to the expiration of the current PO No additional terms and conditions shall be included in the PO unless expressly agreed to in writing by the Parties If there is a conflict between language in the PO and the Agreement, the Agreement shall control Client shall send the PO's to purchaseorders@equifax.com PO Number (or similar) PO Amount (does not limit or otherwise impact any minimum ordering obligations or purchase commitments specified in the Agreement) $ per timeframe PO Effective Dates (does not impact the Effective Date(s) or Term(s) specified in the Agreement) From To. PO Contact Name Phone Email Miscellaneous, Other Terms Neither this Amendment nor the Agreement can be amended or otherwise modified, except as agreed to in writing by each of the parties authorized representatives hereto Effect of Amendment; Entire Agreement. This Amendment together with the parties Agreement (and any attachments, addenda, and supplements thereto) shall be the complete and exclusive statement of the Agreement between the parties as to the subject matter of the Agreement, and shall be binding upon each of the parties hereto, their respective successors and to the extent permitted their assigns All prior negotiations, discussions and understandings between the parties are fully merged into the Agreement and amendments thereto In the event of a conflict between the terms and conditions hereof, and the terms and conditions of the Agreement, the specific terms and conditions set forth in the Amendment shall govern This Amendment is accepted and agreed to by the following authorized representatives of the parties and each person signing below represents and warrants that he or she has the necessary authority to bind the principal set forth below March 10, 2020 Template CUS-21 14960 FOR EXECUTION 09.21.21 Worxtime Amendment Page 2 of 3 IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the Effective Date above CLIENT City of Redlands ADDRESS. P 0 Box 3005 edlands, CA 92373 Worxtime, LLC, a wholly owned subsidiary of TALX Corporation ADDRESS 11432 Lackland Road Signed By. Jf 11 16 4(', /1 & «1.t ( Signed By Printed Name Title Date. Charles M. Duggan, Jr City Manager November 24, 2021 Printed Name Title Date St Louis, MO 63146 CrA,� 'Beal( V'P) Son4Y-a'S ATTEST e Donaldson ty Clerk, City of Redlands March 10, 2020 Template CUS 21 14960 FOR EXECUTION 09 21 21 Worxtime Amendment Page 3 of 3