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HomeMy WebLinkAboutP-22-603 Equifax Workforce Solutions.pdf County of Fresno Contract# P-22-603 UNIVERSAL SERVICE AGREEMENT This Universal Service Agreement (the "Agreement") by and between Equifax Workforce Solutions LLC, a Missouri limited liability company("EWS"), and County of Fresno, a political subdivision of the state of California ("Client') is entered into and shall be binding upon the parties as of the last date executed below, and effective as of November 1, 2022 (the "Effective Date"). The Client issued Request for Proposal No. 22-056 on May 13, 2022, hereinafter referred to as "RFP No. 22-056," for the purpose of securing said services. EWS responded to RFP No. 22-056 ("Response to RFP) stating that it is qualified and willing to perform said services. For reference, the Response to RFP is attached as Attachment 2. The parties agree as follows: 1.0 CONTRACT SERVICES By entering into this Agreement, Client hereby authorizes EWS to provide employment or payroll related services (the "Service(s)") as described in each applicable schedule, or schedule set, and any exhibits attached thereto (the "Schedule(s)"), attached hereto. The parties may enter into one or more Schedule(s), each Schedule corresponding to a service or group of services provided by EWS, and such Schedules, whether attached hereto or entered into after the execution of this Agreement, shall be a part of this Agreement. The terms of this Agreement shall apply to each Service, except as the parties may otherwise provide in the Schedule(s). 2.0 TERM The term for each Service is set forth in the applicable attached Schedule. A Schedule may expire or be terminated without affecting the other Schedules. This Agreement shall remain in effect as long as there is an outstanding Schedule with a term in effect. 3.0 EWS OBLIGATIONS EWS agrees that the Service will be provided in compliance with applicable laws and regulations, including any applicable privacy laws. EWS MAKES NO WARRANTIES AS TO THE SERVICE OR THE DATA, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE EVEN IF EWS KNOWS OF SUCH PURPOSE. 4.0 CONFIDENTIALITY The parties agree that the following will be treated as "Confidential Information": (i) all employment and income data provided to EWS by or on behalf of Client, including that which does, or could be used to, directly or indirectly identify an individual ("Data"); (ii)all information provided by EWS to Client pertaining to the Services; (iii) information of a party which a reasonable person would understand under the circumstances to be confidential, including information marked as "Confidential," "Proprietary" or words of similar meaning by either party. Any Confidential Information acquired or received by either party (the "Recipient") in the course of this Agreement will not be disclosed or transferred to any person or entity other than to employees of a party and, as to EWS, for the purpose of performing its obligations under this Agreement. Confidential Information received under this Agreement will be treated with the same May 01,2022 Template UNIVERSAL SERVICE AGREEMENT Page 1 of 7 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 degree of care and security as each party uses with respect to its own Confidential Information, but not less than a reasonable degree of care. Confidential Information does not include information which (i) is or becomes generally available to the public other than as a result of disclosure by the Recipient, (ii) was known by the Recipient at the time of disclosure of the information without any obligation of confidence, and that knowledge is evidenced by reasonable proof, (iii) was or becomes available from a source other than the owner if the source was not legally bound to maintain the confidentiality of the information, or (iv) the Recipient independently develops without use of or reference to the Confidential Information. Each party acknowledges that unauthorized disclosure or use of the Confidential Information by a party may irreparably damage the other party in such a way that adequate compensation could not be obtained from damages in an action at law. Accordingly, the actual or threatened unauthorized disclosure or use of any Confidential Information shall give the ownerthe right to seek injunctive relief restraining such unauthorized disclosure or use, in addition to any other remedy otherwise available (including reasonable attorneys' fees). Each party hereby waives the posting of a bond with respect to any action for injunctive relief. Upon Client's written request at any time during the Term of this Agreement (including termination or completion of the Services hereunder), EWS will purge, destroy, or otherwise render inaccessible, Data housed in the EWS production database(s), provided that EWS may retain archival copies of Data for audit and dispute resolution purposes and EWS may retain copies of Data on encrypted back-up media in which such Data is co-resident with other employment and income data. EWS shall remain under its contractual obligation of confidentiality and security to Client during such retention and such obligations shall survive termination of the Agreement. This Section shall survive the termination of this Agreement. 5.0 PUBLIC RECORDS 5.1 The parties acknowledge and agree the County is subject to applicable California public disclosure laws which may require the County to disclose this Agreement or records or data associated with the Agreement, including those records or data provided by EWS; provided, however, that Section 4.0 Confidentiality remains in effect when no applicable public disclosure law has been invoked. The County's public disclosure in response to a properly submitted request under applicable California law of this Agreement or any record or data that EWS may provide to the County may include but is not limited to the following: 5.1.1 This Agreement, and any record or data that the Contractor may provide to the County, that may be subject to public disclosure under the Ralph M. Brown Act (California Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950). 5.1.2 This Agreement, and any record or data that the Contractor may provide to the County, that may be subject to public disclosure as a public record under the California Public Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning with section 6250) ("CPRA"). 5.1.3 This Agreement, and any record or data that the Contractor may provide to the County, that may be subject to public disclosure as information concerning the conduct of the people's business of the State of California under California Constitution, Article 1, section 3, subdivision (b). 5.1.4 Any marking of confidentiality or restricted access upon or otherwise made with respect to any record or data that the Contractor may provide to the County shall be disregarded only as required to comply with applicable law. In the event a request for public disclosure is properly submitted, such markings shall have no effect on the County's right or duty to disclose to the public or governmental agency any such record or data. May 01,2022 Template UNIVERSAL SERVICE AGREEMENT Page 2 of 7 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 5.2 Public Records Act Requests. If the County receives a written or oral request properly submitted under the CPRA to publicly disclose any record that is in the Contractor's possession or control and of which the County does not have already have the original or a copy, and which the County has a right, under any provision of this Agreement or applicable law, to possess or control, then the County may demand, in writing, that the Contractor deliver to the County, for purposes of public disclosure, the requested records that may be in the possession or control of the Contractor.Within five business days after the County's demand, the Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's possession or control, together with a written statement that the Contractor, after conducting a diligent search, has produced all requested records that are in the Contractor's possession or control, (b) provide to the County a written statement that the Contractor, after conducting a diligent search, does not possess or control any of the requested records, or (c) provide a written explanation as to why additional time may be reasonably required to comply with the County's demand.The Contractor shall reasonably cooperate with the County with respect to any County demand for such records. If the Contractor wishes to assert that any specific record or data is exempt from disclosure under the CPRA or other applicable law, it must deliver the record or data to the County and assert the exemption by citation to specific legal authority within the written statement that it provides to the County under this section. The Contractor's assertion of any exemption from disclosure is not binding on the County, but the County will give at least 10 days' advance written notice to the Contractor before disclosing any record subject to the Contractor's assertion of exemption from disclosure. Solely to the extent that the County has not prejudiced the Contractor's ability to reasonably comply with the provisions of this Section 5.0, the Contractor shall indemnify the County for any court-ordered award of costs or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption,failure to produce any such records, or failure to cooperate with the County with respect to any County demand for any such records. 6.0 DATA SECURITY AND PRIVACY 6.1 EWS shall maintain an information security program that includes appropriate administrative, technical, and physical safeguards reasonably designed to: 1) ensure the security and confidentiality of Data; 2) protect against any anticipated threats or hazards to the security or integrity of such Data; 3) protect against unauthorized access to or use of such Data that could result in substantial harm or inconvenience to Client; and 4) dispose of such Data in a secure manner. To comply with the safeguard obligations generally described above, EWS has (a) designated an employee to coordinate its information security program, (b) identified reasonably foreseeable internal and external risks to the security, confidentiality, and integrity of Data that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of such Data, and assessed the sufficiency of any safeguards in place to control these risks, and (c) designed and implemented information safeguards(including encryption of Data at rest and during transmission),to control the risks identified through the risk assessment, and regularly tests or otherwise monitors the effectiveness of safeguards' key controls, systems and procedures. EWS shall notify Client in writing as soon as possible and without unreasonable delay, after any confirmed or reasonably suspected breach, as defined by applicable law(s), of Client's Data contained in EWS database(s) (an "Incident"). Notification may be delayed as required by law enforcement to prevent any impediment(s) to its investigation of the Incident. EWS shall cooperate with law enforcement in accordance with applicable law; provided however, that such cooperation shall not result in or cause an undue delay to remediation of the Incident. EWS shall promptly take appropriate action to mitigate such risk or potential problem at EWS's expense. In the event of an Incident, EWS shall, at its sole cost and May 01,2022 Template UNIVERSAL SERVICE AGREEMENT Page 3 of 7 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 expense,fully restore the Data and institute appropriate measures to prevent any recurrence of the problem as soon as is commercially practicable. 6.2 In order to obtain access to Services, Client's users may be required to create user names and passwords. Client shall ensure that its users comply with Client's security controls and/or policies regarding the creation, use and/or maintenance of passwords. Client shall also be responsible for notifying EWS as to which of Client's users shall have access privileges and shall be responsible for notifying EWS to disable the account of any Client user who is no longer entitled or authorized to access the Service. 7.0 DATA QUALITY AND DATA TRANSMISSION Client acknowledges that the ability of EWS to provide accurate information is dependent upon receipt of accurate Data from Client. Client shall provide current and accurate Data necessary for EWS to provide the Services. Client agrees to provide such Data to EWS within a mutually agreeable timeframe and to promptly correct and update Data. Client further agrees to test and validate the accuracy of the Data on a mutually agreeable frequency using paper-based or electronic Data validation reports provided by EWS. Both parties agree to work together to identify and resolve all identified historical and ongoing Data errors within two (2)of Client's pay periods. Client agrees that any action required of EWS to correct the Data for Client may result in additional fees, as provided in each applicable Schedule attached hereto. Furthermore, Client agrees to transfer Data to EWS using one of the approved secure shipping methods provided in Attachment 1. 8.0 PROPRIETARY RIGHTS Neither party's ownership rights, including but not limited to, any intellectual property rights in or used by EWS to perform the Services nor any intellectual property rights in or to Client's Data, shall be transferred pursuant to this Agreement. This Section shall survive termination of this Agreement. 9.0 INDEMNIFICATION/LIMITATION OF LIABILITY 9.1 Each party agrees to indemnify, defend and hold harmless the other party and its affiliates, and their directors, officers and employees (each, an "Indemnified Party'), from and against any and all third party claims, demands, liabilities, suits, damages, expenses and costs (including reasonable attorneys', experts' and investigators' fees and expenses) (collectively, "Claim(s)") incurred by the Indemnified Party arising from or related in whole or in part to the indemnifying party's, or its affiliates', or its directors', officers' or employees': (i) breach of the Confidentiality obligations set forth in this Agreement, including, but not limited to Claims resulting from an Incident, (ii) infringement on the United States intellectual property rights of third parties, (iii) intentional wrongful act or omission, willful misconduct, and/or (iv) breach of Data Quality and Transmission obligations; provided that (a) the party seeking indemnity promptly notifies the indemnifying party of any Claim for indemnity and cooperates fully in the defense of the Claim; (b) the party providing indemnity shall select counsel reasonably acceptable to the Indemnified Party to defend any such Claim; (c) the indemnifying party has primary control over the defense of the Claim; and (d) the Indemnified Party shall have the right to have its own counsel participate, at the Indemnified Party's sole cost and expense, in the defense. 9.2 IN NO EVENT SHALL DAMAGES BY EITHER PARTY HEREUNDER EXCEED THE TOTAL FEES PAID BY CLIENT DURING THE TWELVE MONTHS PRIOR TO THE ACT OR OCCURRENCE WHICH GIVES RISE TO THE CLAIM. THIS LIMITATION May 01,2022 Template UNIVERSAL SERVICE AGREEMENT Page 4 of 7 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 ON LIABILITY SHALL NOT APPLY TO ANY THIRD-PARTY CLAIM FOR WHICH EITHER PARTY HAS AN OBLIGATION OF INDEMNITY PURSUANT TO SECTION 9.1. 9.3 ANY OTHER TERM OR PROVISION OF THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, IN NO EVENT SHALL EITHER PARTY, OR ITS AFFILIATES, THEIR DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR LOSS OF PROFITS OR FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE PERFORMANCE OF THIS AGREEMENT, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9.4 This Article 9 survives the termination of this Agreement. 10.0 MISCELLANEOUS 10.1 Entire Agreement. This Agreement, which includes all Schedules attached hereto and/or entered into after the execution hereof, including Attachments, comprises the entire Agreement between the parties, which supersedes all prior proposals, purchase orders, understandings and agreements with respect to the subject matter hereof. 10.2 Force Majeure. Neither party shall be responsible for any failure or delay in the performance of any obligations(excepting obligations to pay money)to the extent that failure is caused by acts of God, acts of terror, flood, fire, labor disputes, acts or omissions of the other party, non-delivery or delays in delivery by any other supplier of goods or services deliverable under this Agreement, or other causes beyond such party's reasonable control. 10.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable under applicable law in any jurisdiction, the validity or enforceability of the remaining provisions thereof shall be unaffected as to such jurisdiction and such holding shall not affect the validity or enforceability of such provision in any other jurisdiction. To the extent that any provision of this Agreement is held to be invalid or unenforceable because it is overbroad, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. 10.4 Waiver of Jury Trial. EACH PARTY AGREES TO WAIVE AND HEREBY WAIVES THE RIGHT TO TRIAL BY JURY OF ANY ACTION, SUIT, PROCEEDING, DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES. 10.5 Assignment/Modification. Neither party may assign this Agreement or any right or obligation under this Agreement without the express written consent of the other party,which consent shall not be unreasonably withheld or denied. In the event assignment is necessitated by business reorganization, either party may assign this Agreement, provided that they provide the other party with written notice. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors and assigns. Except as provided in each applicable Schedule hereto, this Agreement may be amended or modified only by the written and signed consent of the parties. 10.6 Notices. Every notice required under this Agreement shall be in writing and effective three (3) days after being mailed first class postage prepaid, or upon delivery by an overnight or other courier or delivery service, in either case addressed as follows: May 01,2022 Template UNIVERSAL SERVICE AGREEMENT Page 5 of 7 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 To Client: To EWS: County of Fresno Equifax Workforce Solutions LLC 2220 Tulare Street 11432 Lackland Road Fresno, CA 93721 St. Louis, MO 63146 Attn: David Joseph Attn: President Either Party may change its notice address with written notice to the other party. 10.7 Counterparts/Execution. For the convenience of the parties, copies of this Agreement, including Schedules hereto, may be executed in two or more counterparts and signature pages exchanged by electronic process or scanned copies via e-mail. The parties intend that counterpart copies signed and exchanged as provided in the preceding sentence shall be fully binding as an original handwritten executed copy hereof and all of such copies together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. County of Fresno Equifax (��Workforce //Solutions LLC BGary Corn u el le Digitally signed by Gary Corouelle /\yL ffel Aalll yy_ y. Date 2023.01.12 12 02 46-08'00' y: Russell1,1cAllister lDec 29,202217:54 EST) Name: Gary E. Cornuelle Name: Russell McAllister Title: Purchasing Manager Title: VP, National Accounts Date: 1/12/2023 Date: 12/29/2022 May 01,2022 Template UNIVERSAL SERVICE AGREEMENT Page 6 of 7 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 Attachment 1 Client Security Requirements for transmission of Employment and Income Data to EWS The following table outlines the acceptable options for the secure transfer of employment and income Data, to EWS. Client agrees to use one of the approved secure delivery or transmission methods provided below. The EWS preferred methods of receiving Data are Secure File Transfer Protocol(SFTP) with PGP encryption or API. Transfer Option Description For Added Protection Secures credentials and information PGP desktop software and use of the EWS 1 SFTP in the file during transmission using PGP encryption key adds extra protection to the SSH protocol. the Data file itself. API level integration with human Strong authentication processes and 2 API capital management systems such network encryption via TLS 1.2 add extra as Workday and PeopleSoft. protection. Allows for sending data files using PGP desktop software and use of the EWS 3 CD/DVD encryption software with additional PGP encryption key encrypts the Data file. password protection. 4 Secure Email Secures information in the body of Client to confirm presence of TLS with their (Virtru, TLS) the email and attachments. internal email service team. May 01,2022 Template UNIVERSAL SERVICE AGREEMENT Page 7 of 7 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 SCHEDULE A—EMPLOYMENT VERIFICATIONS SERVICE PROVIDER,TERM AND FEES FOR SERVICES CLIENT NAME: County of Fresno("Client") EFFECTIVE DATE: November 1,2022 The Employment Verifications service (the "Service") is a service owned and operated by Equifax Workforce Solutions LLC, a Missouri limited liability company ("EWS"), which provides subscribing employers with an automated method of providing employment and income verifications to authorized third parties. Client authorizes EWS to provide the Service on behalf of the Client. EWS shall provide the Service in accordance with the Universal Service Agreement ("Agreement"), this Schedule A and Schedule B (which are part of the Agreement) utilizing the Data supplied by Client. All capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Agreement. 1. Fair Credit Reporting Act("FCRA")Obligations. By signing below,or otherwise accepting these terms,Client acknowledges receipt of this Schedule A,Exhibit 1 to this Schedule A,Schedule B and Exhibit 1 to Schedule B,"Notice to Furnisher". Client agrees that it shall comply with all of the obligations of a furnisher set forth in such Notice to Furnisher. In the event that an employee notifies EWS of an error in any Data, and EWS or Client concludes that the Data is incorrect,Client shall correct the Data as required. If,after completing an investigation and acknowledging that the Data is incorrect,Client does not correct the Data EWS may as required under FCRA: (i)correct the Data on behalf of Client,and/or(ii)block the Data from being accessed by verifiers. 2. Term. This Schedule shall be for an initial term of three(3)years from the Effective Date hereof.This Schedule shall renew for successive one(1)year terms("Successive Terms")only upon Client providing EWS with written notice of the intent to renew at least thirty(30)days prior to the end of the then current term. The maximum number of Successive Terms allowable under this Schedule is two(2). 3. Termination. Either party may terminate this Schedule if the other party has materially breached the Agreement,provided that the party claiming breach must give the other party written notice and at least thirty(30)days in which to cure the breach before terminating the Schedule. In order to facilitate Services that are in process of being completed,in the event of termination of this Schedule,the parties agree that,at Client's choosing,EWS shall continue providing the Services under the terms of this Schedule for a period of six(6)months after the termination of this Schedule(the"Transition Period"). 4. Payment Terms: All prices and fees for Services performed under this Schedule are as stated in Exhibit 1,attached hereto and made part of this Schedule A. Fees,if any, shall be invoiced on the first day of each month. All prices and fees associated with Social Services, Immigration and Worker's Compensation verifications will increase by five (5%) on each anniversary of the Effective Date. • Invoices are due net forty-five(45)days. • Except to the extent that Client has provided an exemption certificate, direct pay permit or other such appropriate documentation,EWS shall add to each invoice any sales,use,excise,value-added,gross receipts,services,consumption and other similar transaction taxes however designated that are properly levied by any taxing authority upon the provision of the Services, excluding,however, any state or local privilege or franchise taxes,taxes based upon EWS's net income and any taxes or amounts in lieu thereof paid or payable by EWS as a result of the foregoing excluded items. • All fees are in U.S.dollars. 5. Data: Client acknowledges that the ability of EWS to provide accurate information is dependent upon accurate Data from Client. Client agrees to maintain its Data in an accurate, complete and current manner, to provide EWS with Data on employees of Client,and to notify EWS in advance of any and all changes or modifications in format of the Client's computer interface and/or the Data.EWS may use depersonalized Client Data to perform analytics,modeling and/or demographic studies. Depersonalized Client Data shall not include any information that individually,or collectively,could be used to specifically identify either Client or Client's employees. Schedule A and Schedule B shall be binding on the parties upon the date last executed below. County of Fresno Equifax Workforce Solutions LLC Digitally signed by Gary /��/,{// /' /� Gary Cornuelle Date:2023.01.1212:03:10 /��I1JG[�/"/W11,JtGl- By: -08,00, By: Russell McAllister(Dec 29,2022 17:54 EST) Name: Gary E. Cornuelle Name: Russell McAllister Title: Purchasing Manager Title: VP, National Accounts Date: 1/12/2023 Date: 12/29/2022 May 01,2022 Template Employment Verifications Page 1 of 6 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 SCHEDULE A—EMPLOYMENT VERIFICATIONS EXHIBIT 1—FEES Number of Active Employees(or previous year's W2 count for Staffing Companies) 8000 • Employment Verification Service Fees Waived • Optional Verification Services Fees ®Yes ❑ No Client Fees for Social Services Verifications(includes postage) • Manual verifications waived • Electronic verifications waived ❑ Yes ® No Immigration Verification Service • Manual verifications $8.00 each • Electronic verifications $4.00 each ❑Yes ® No Workers' Compensation Verification Service • Electronic verifications $4.00 each May 01,2022 Template Employment Verifications Page 2 of 6 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 SCHEDULE B—EMPLOYMENT VERIFICATIONS SERVICE DESCRIPTION OVERVIEW Parties to Verifications. EWS is authorized by Client to provide employment and income verification of Client's employees. The Service is designed to assist (i) Client, (ii) employees of Client, and(iii) commercial, private, non-profit and governmental entities("Verifiers") who wish to verify an employee's employment and/or income. Client Interests. Client provides Data to EWS on a regular basis and EWS provides employment and/or income verifications to Verifiers. For a Manual Verification,EWS,when requested by Verifiers and as Client's sole agent,will request employment verifications via phone,fax or automated request as agreed upon by the parties,and Client will provide Data to EWS upon request. EWS does not guarantee the accuracy of Data provided by Client. EWS will assure due diligence is taken to protect Client Data in accordance with good industry practices. EWS may use Client's name in routine communications EWS undertakes to Verifiers,to inform Verifiers of participation by clients in the Service in order to serve clients more efficiently and to reduce calls to clients from Verifiers. Employee Interests. Employees of Client may need verification of employment and/or income to qualify for home loans,automobile loans,chattel loans, social services programs, confirm immigration status or obtain worker's compensation payments. The Employment Verifications service provides the necessary verification on a timely basis. Verifier Interests. Verifiers may obtain different amounts of information and in different manners dependent on the nature of the Verifier and the nature of the relationship with EWS. Verifiers may be commercial verifiers such as mortgage lenders, pre-employment screeners, automobile lenders, property managers,parties to consumer lending and others; social service agencies seeking to qualify an employee for social service assistance;child support agencies providing support for dependent children;immigration officials needing confirmation of employment; insurers; law enforcement agencies; or other Verifiers with a need to verify employment or income. EWS will serve the interests of Client,employees of Client and Verifiers(i)by providing verifications to relieve the employer of the burden of employment and income verification obligations as often as practicable;(ii)by providing verifications where the employee has applied for a benefit (such as a job application, qualification for social services assistance or a loan application)or has obtained a benefit and the Verifier is seeking to determine whether the employee is qualified to receive the benefit or is seeking to enforce obligations undertaken by the employee in connection with the benefit; (iii) by providing verifications where the employee is obligated by Federal, state or local law to provide the verification information to the Verifier; and (iv) by providing analytics, modeling and/or demographic studies that will not include any information that individually,or collectively,could be used to specifically identify either Client or Client's employees. Fair Credit Reporting Act. EWS is a Consumer Reporting Agency("CRA"),as defined by the FCRA. As such,EWS complies with the FCRA in providing the Service. EWS's FCRA compliance enhances the protections available to Client's employees, with respect to the privacy and accuracy of the Data. Client acknowledges that EWS has the responsibility to maintain Data accuracy as required under the FCRA,and grants EWS the authority necessary to fulfill this responsibility. Modification of Service Description. EWS reserves the right to modify the Service from time to time. If EWS reasonably believes that the modification to the Service Description Overview may materially degrade the Service,then(1)EWS shall provide to the Client reasonable notice of the change,and(2)Client may terminate the Service by providing thirty(30)days written notice to EWS in accordance with the notice provisions of the Agreement. Termination shall be effective ninety(90) days after notice from Client,unless the parties mutually agree in writing to a later date. Absence of such termination shall constitute Client's agreement to the modification of the Service Description Overview. May 01,2022 Template Employment Verifications Page 3 of 6 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 SCHEDULE B—EMPLOYMENT VERIFICATIONS EXHIBIT 1 All furnishers of consumer reports must comply with all applicable regulations,including regulations promulgated after this notice was first prescribed in 2004.Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureau's website, www.consumerrinancemov/learnmore. NOTICE TO FURNISHERS OF INFORMATION: OBLIGATIONS OF FURNISHERS UNDER THE FCRA The federal Fair Credit Reporting Act(FORA), 15 U.S.C. 1681-168ly,imposes responsibilities on all persons who furnish information to consumer reporting agencies(CRAs). These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAB should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance. The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection's web site at www.consumer iinance.gov/learnmore. A list of the sections of the FCRA cross-referenced to the U.S.Code is at the end of this document. Section 623 imposes the following duties upon furnishers: Accuracy Guidelines The banking and credit union regulators and the CFPB will promulgate guidelines and regulations dealing with the accuracy of information provided to CRAB by furnishers. The regulations and guidelines issued by the CFPB will be available at www.consumerfinance.gov/learnmore when they are issued. Section 623(e). General Prohibition on Rc on rting Inaccurate Information The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However,the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623(a)(1)(A)and(a)(1)(C). DAY to Correct and Update Information If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAB determines that the information provided is not complete or accurate,the furnisher must promptly provide complete and accurate information to the CRA. In addition,the furnisher must notify all CRAB that received the information of any corrections,and must thereafter report only the complete and accurate information. Section 623(a)(2). Duties After Notice of Dispute from Consumer If a consumer notifies a furnisher,at an address specified for the furnisher for such notices,that specific information is inaccurate,and the information is, in fact,inaccurate,the furnisher must thereafter report the correct information to CRAB. Section 623(a)(1)(B). If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher,the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623(a)(3). The federal banking and credit union regulators and the CFPB will issue regulations that will identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Once these regulations are issued,furnishers must comply with them and complete an investigation within 30 days(or 45 days,if the consumer later provides relevant additional information)unless the dispute is frivolous or irrelevant or comes from a"credit repair organization." The CFPB regulations will be available at www.consumerfinance.gov/learnmore. Section 623(a)(8). Duties After Notice of Dispute from Consumer Reporting Agenc^ If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher,the furnisher has a duty to follow certain procedures. The furnisher must: • Conduct an investigation and review all relevant information provided by the CRA,including information given to the CRA by the consumer. Sections 623(b)(1)(A)and(b)(1)(B). • Report the results to the CRA that referred the dispute,and,if the investigation establishes that the information was,in fact, incomplete or inaccurate,report the results to all CRAB to which the furnisher provided the information that compile and maintain files on a nationwide basis. Section 623(b)(1)(C)and(b)(1)(D). • Complete the above steps within 30 days from the date the CRA receives the dispute(or 45 days,if the consumer later provides relevant additional information to the CRA). Section 623(b)(2). • Promptly modify or delete the information,or block its reporting. Section 623(b)(1)(E). May 01,2022 Template Employment Verifications Page 4 of 6 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 Duty to Report Voluntary Closing of Credit Accounts If a consumer voluntarily closes a credit account,any person who regularly and in the ordinary course of business furnishes information to one or more CRAB must report this fact when it provides information to CRAB for the time period in which the account was closed. Section 623(a)(4). Duty to Report Dates of Delinquencies If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss,or subject to any similar action,the furnisher must,within 90 days after reporting the information,provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action,so that the agency will know how long to keep the information in the consumer's file. Section 623(a)(5). Any person,such as a debt collector,that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAB may comply with the requirements of Section 623(a)(5)(until there is a consumer dispute)by reporting the same delinquency date previously reported by the creditor. If the creditor did not report this date,they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates,or,if a delinquency date cannot be reasonably obtained,by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection,charged to profit or loss,or subjected to any similar action. Section 623(a)(5). Duties of Financial Institutions When Re on rting Negative Information Financial institutions that furnish information to"nationwide"consumer reporting agencies,as defined in Section 603(p),must notify consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623(a)(7). The Consumer Financial Protection Bureau has prescribed model disclosures, 12 CFR Part 222,App.B. Duties When Furnishing Medical information A furnisher whose primary business is providing medical services,products,or devices (and such furnisher's agents or assignees)is a medical information furnisher for the purposes of the FCRA and must notify all CRAB to which it reports of this fact. Section 623(a)(9). This notice will enable CRAB to comply with their duties under Section 604(g)when reporting medical information. Duties When ID Theft Occurs All furnishers must have in place reasonable procedures to respond to notifications from CRAB that information furnished is the result of identity theft,and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623(a)(6). If a furnisher learns that it has furnished inaccurate information due to identity theft,it must notify each consumer reporting agency of the correct information and must thereafter report only complete and accurate information. Section 623(a)(2). When any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft,the furnisher may not sell,transfer,or place for collection the debt except in certain limited circumstances. Section 615(f). The Consumer Financial Protection Bureau website, WWW.consumer finance. ov/learnmore, has more information about the FCRA. Citations for FCRA sections in the U.S.Code, 15 U.S.C.§ 1681 et seq.: Section 602 15 U.S.C. 1681 Section 615 15 U.S.C. 1681m Section 603 15 U.S.C. 1681a Section 616 15 U.S.C. 1681n Section 604 15 U.S.C. 1681b Section 617 15 U.S.C. 16810 Section 605 15 U.S.C. 1681c Section 618 15 U.S.C. 1681p Section 605A 15 U.S.C. 1681cA Section 619 15 U.S.C. 168lq Section 605B 15 U.S.C. 1681cB Section 620 15 U.S.C. 1681r Section 606 15 U.S.C. 1681d Section 621 15 U.S.C. 1681s Section 607 15 U.S.C. 168le Section 622 15 U.S.C. 1681s-1 Section 608 15 U.S.C. 1681f Section 623 15 U.S.C. 1681s-2 Section 609 15 U.S.C. 1681g Section 624 15 U.S.C. 1681t Section 610 15 U.S.C.1681h Section 625 15 U.S.C. 168lu Section 611 15 U.S.C. 1681i Section 626 15 U.S.C. 1681v Section 612 15 U.S.C. 1681j Section 627 15 U.S.C. 1681w Section 613 15 U.S.C. 1681k Section 628 15 U.S.C. 168lx Section 614 15 U.S.C. 16811 Section 629 15 U.S.C. 1681y May 01,2022 Template Employment Verifications Page 5 of 6 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 SCHEDULE B—EMPLOYMENT VERIFICATIONS EXHIBIT 2—CLIENT INFORMATION Company Name: County of Fresno Phone: (559)600-1810 Address:2220 Tulare Street, 14th Floor Fax#: City, State,Zip: Fresno,CA 93721 Main Contact:David Joseph Title: Sr.HR Analyst-Employee Benefits Division Primary Email: djoseph@fresnocountyca.gov Alternative Email: Please complete the following selections even if there are no fee-based services in Schedule A,Exhibit 1, as the selections below shall apply to any future fee services and shall be part of the account setup. Invoice Delivery Method: ❑Mail Address: ®Email Email Address: djospeh@fresnocountyca.gov Payment Method: ®Check ❑ Credit Card ❑ACH May 01,2022 Template Employment Verifications Page 6 of 6 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 SCHEDULE A—UNEMPLOYMENT COST MANAGEMENT SERVICE SERVICE PROVIDER, TERM AND FEES FOR SERVICES CLIENT NAME: County of Fresno ("Client") EFFECTIVE DATE: October 1, 2022 The Unemployment Cost Management Service is an unemployment cost control service provided by Equifax Workforce Solutions LLC, a Missouri limited liability company ("EWS"). EWS will render comprehensive unemployment cost control services, detailed below (each, a "Service") to Client in compliance with state regulations. Client authorizes EWS as its authorized agent to provide the Service. EWS shall provide the Service in accordance with the Universal Service Agreement ("Agreement"),this Schedule and Schedule B(which are part of the Agreement)utilizing the employment and tax information supplied by Client. All capitalized terms used herein and not otherwise defined shall have the meaning set forth in Agreement. 1. Term: This Schedule shall be for an initial term of three (3)years from the Effective Date hereof(the "Initial Term"). This Schedule shall renew for successive one(1)year terms ("Successive Terms") only upon Client providing EWS with written notice of the intent to renew at least thirty (30) days prior to the end of the then current term. The maximum number of Successive Terms allowable under this Schedule is two (2). 2. Termination: Either party may terminate this Schedule if the other party has materially breached the Agreement, provided that the party claiming breach must give the other party at least thirty (30) days prior written notice in which to cure the breach before terminating this Schedule. 3. Payment Terms: All fees shall be invoiced as stated in Schedule B and/or a Statement of Work, as applicable, attached hereto and made part of this Schedule A. • Invoices are due net forty-five (45) days. Failure to pay invoices within the aforementioned time period may result in a suspension of the Service for as long as such invoice(s) remain(s) unpaid. • Except to the extent that Client has provided an exemption certificate, direct pay permit or other such appropriate documentation, EWS shall add to each invoice any sales, use, excise, value-added, gross receipts, services, consumption and other similar transaction taxes however designated that are properly levied by any taxing authority upon the provision of the Services, excluding, however, any state or local privilege or franchise taxes, taxes based upon EWS's net income and any taxes or amounts in lieu thereof paid or payable by EWS as a result of the foregoing excluded items. • All prices are in U.S. dollars. 4. Authority: EWS does not prepare federal or state tax returns for its clients, and EWS disclaims any and all responsibility for preparation of Client's federal or state returns. At no time will EWS render or be required to render any service that could be interpreted as the practice of law or accountancy. EWS's obligation is to assist Client in administrative, unemployment proceedings. Nothing herein shall be construed to obligate or require EWS to provide or otherwise pay for Client's representation in any subsequent legal proceedings in any State or federal court. 5. Third Party Indemnification: In the event Client's current or former employee(s) bring(s) a Claim against EWS relating to his/her employment or termination of employment, Client shall indemnify, defend or pay the cost of defense, and hold EWS harmless with regard to any such Claims as long as EWS was acting within the scope of its authority and such suit is not due to EWS's negligence or willful misconduct. The obligations set forth in this section are in addition to the indemnity obligations set forth in the Agreement. 6. Client Responsibilities: Client acknowledges that the ability of EWS to provide services which comply with state laws and procedures is dependent upon the timely information and prompt action by Client. Client agrees to inform EWS of important facts and changes in circumstance and to make its best efforts to attend state hearings and other meetings as appropriate to fulfill the responsibilities of Client as an employer and EWS as an agent of employer. 7. Data: Client acknowledges that the ability of EWS to provide accurate information is dependent upon accurate Data from Client. Client agrees to provide EWS with accurate Data, as necessary, and to notify EWS in advance of any and all changes or modifications in the format of Client's system interface and/or the Data. Should EWS be required to correct the Data for Client, custom data conversion fees will be based on actual hours required at $185 per hour. EWS will provide Client an estimate of time required and will obtain prior written approval before commencing work. EWS may use depersonalized Client Data to perform analytics, modeling and/or demographic studies. Depersonalized Client Data May 01,2022 Template Unemployment Cost Management Service Page 1 of 11 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 shall not include any information that individually, or collectively, could be used to specifically identify either Client or Client's employees. 8. Transmittal of Personal Data: EWS's internal policy for securing electronic communications containing confidential information, such as social security numbers, requires email encryption for clients who prefer to use email as their method of communication. The options for email encryption are usage of Transport Layer Security(TLS)on Client email servers or usage of secure email application. Both options allow the email to travel over the internet securely and are easy for Client to use when retrieving and sending confidential email. Clients who choose to use Transport Layer Security to send email communications must maintain their TLS certification status on all servers receiving emails from EWS. Clients using email communications who do not use TLS or allow their TLS certification to lapse will be automatically set up to receive secure email. Please designate your preferred email method for secure communication below: ❑ Transport Layer Security Is your certification current? ❑ Yes ❑ No ❑ Unknown ❑ Secure Email 9. Technical Support: EWS shall use reasonable efforts to promptly correct any material defects in the Service. EWS will use reasonable efforts to provide Client with technical support to assist with regard to any material defects and/or errors in the Service. EWS,at its sole discretion,will choose which method(s) it uses to provide support services to Client. This Schedule does not provide for any on-site training, on-site maintenance, or other support of any kind related to the Service. 10. Ownership: The recommendations, suggestions and/or work product presented in writing to Client by EWS in connection with the Services are the sole and exclusive property of EWS. 11. Modification of Service Description: EWS reserves the right to modify the Service from time to time. If EWS reasonably believes that the modification to the Service Description Overview may materially degrade the Service, then (1)EWS shall provide to the Client reasonable notice of the change,and(2) Client may terminate the Service by providing thirty (30) days written notice to EWS in accordance with the notice provisions of the Agreement. Termination shall be effective ninety (90) days after notice from Client, unless the parties mutually agree in writing to a later date. Absence of such termination shall constitute Client's agreement to the modification of the Service Description Overview. Schedule A and Schedule B shall be binding on the parties upon the date last executed below. Client: County of Fresno Equifax W��//or///�kfo�r/�ce Solutions LLC By: Gary Cornuelle Digitally signed by Gary Comuelle By: �Xl f �lA( �%ygl_ Date:2023.01.12 12:03:46-08'00' Russell McAllister i Dec 29,2022 17'.54 EST1 Name: Gary E. Cornuelle Name: Russell McAllister Title: Purchasing Manager Title: VP, National Accounts Date: 1/12/2023 Date: 12/29/2022 May 01,2022 Template Unemployment Cost Management Service Page 2 of 11 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 SCHEDULE A— UNEMPLOYMENT COST MANAGEMENT SERVICE SERVICE DESCRIPTION OVERVIEW Service Options (Select applicable option) Unemployment Cost Management Services ("Services") are designed to reduce unemployment costs by eliminating benefits paid on unemployment claims discovered to be invalid, reducing administrative errors, and applying tax savings strategies. Hearings Representation (applicable to all options that include hearings representation). Pursuant to this Agreement and the Power of Attorney executed by Client authorizing and appointing EWS to represent Client as Client's Agent and Attorney in Fact in unemployment claim related matters,at Client's election, EWS will provide one of the following non-legal services: In California, Client may be subject to benefit charges in certain cases where a chargeability hearing will be scheduled. EWS or EWS representative will attend the chargeability hearing without Client for a flat fee of$50 in an effort to relieve Client's account of benefit charges. ❑ core • Unemployment Claims Management Services. • Self-Service unemployment case management allowing Client to self-direct the handling of each unemployment claim utilizing EWS' proprietary unemployment case management platform via an internet interface. Client will provide claim responses and information through the internet interface at its sole risk. EWS will not be responsible or liable in any manner for information or entries provided through the internet interface by Client. • The auditing of benefit charges on unemployment claims managed by Client using the Services; • The correction of discovered state agency errors; • The provision of standard training and education materials; • The establishment of procedures to enable EWS to process unemployment related forms; • The verification of unemployment benefits paid; and • The availability of reports on claims, separations and charges via the internet interface; • Optional Unemployment Hearings Representation upon request subject to additional fees contained in Schedule B • Unemployment Tax Management Services. • Rate Verifications. The verification of the accuracy of annual tax rates issued by state workforce agencies, unless related to a merger, acquisition, or reorganization for which EWS did not manage the tax notifications. • Voluntary Contributions. The calculation of voluntary contributions when permitted. and • Third Party Rate Notifications. The forwarding of tax rate notices to third parties upon request of Client. • Wage Audits. Provides Client with the ability to respond to unemployment benefit wage audit requests received by Client from state agencies provided through the internet interface. ❑ Pro • Unemployment Claims Management Services. • The analysis of unemployment compensation records provided; • The correction of discovered state agency errors; • Auditing of benefit charges on unemployment claims managed by EWS; • The establishment of procedures to enable EWS to process unemployment related forms including but not limited to Client's use of an internet interface to interact with EWS for needed information and to receive important notices • The verification of unemployment benefits paid; • Provide activity reports on claims, separations and charges transmitted electronically, via the internet interface; • An internet interface to provide separation data as needed and to extract periodic reports Q; • Provide annual status report and other management reports; May 01,2022 Template Unemployment Cost Management Service Page 3 of 11 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 • Consultation regarding unemployment hearing attendance; and • Unemployment claims hearings representation for unemployment matters brought before an administrative agency or tribunal. • Unemployment Tax Management Services. • Rate Verifications. The verification of annual tax rates issued, unless related to a merger, acquisition, or reorganization for which EWS did not manage the tax notifications. • Voluntary Contributions.The calculation of voluntary contributions when permitted. • Third Party Rate Notifications. The forwarding of tax rate notices to third parties upon request of Client. • Wage Audit. Provides Client with the ability to respond to unemployment benefit wage audit requests received by Client from state agencies provided through an internet interface. ® Elite • Unemployment Claims Management Services. • The analysis of unemployment compensation records provided; • The correction of discovered state agency errors; • Auditing of benefit charges on unemployment claims managed by EWS; • The establishment of procedures to enable EWS to process unemployment related forms; • The verification of unemployment benefits paid; • Provide activity reports on claims, separations and charges transmitted electronically,via the internet interface; • An internet interface to provide separation data and extract periodic reports; • Provide annual status report and other management reports; • Consultation regarding unemployment hearing attendance; and • Unemployment hearings representation for unemployment matters brought before an administrative agency or tribunal at up to ten percent (10%) of total annual claims. • Unemployment Tax Management Services. • Rate Verifications. The verification of annual tax rates issued, unless related to a merger, acquisition, or reorganization for which EWS did not manage the tax notifications. • Voluntary Contributions.The calculation of voluntary contributions when permitted. • Third Party Rate Notifications. The forwarding of tax rate notices to third parties upon request of Client. • Wage Audit. Provide Client the ability to respond to unemployment benefit wage audit requests received by Client from state agencies provided through an internet interface. OR at Client's option • Wage Audit. Provide automated response to unemployment benefit wage audit requests for Client from state agencies. - Additional wage data requirements apply. May 01,2022 Template Unemployment Cost Management Service Page 4 of 11 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 SCHEDULE B—UNEMPLOYMENT COST MANAGEMENT SERVICE FEES Annual Number Included in Excess Fee Excess Fee Transaction Fee/Type Excess Fee Invoice Invoice Fee* Annual Fee Frequency Timing Unemployment Claims {500) $15.50/per Monthly In Arrears Claim Hearing Representation $225/per Core/Pro Services ONLY Not Applicable Hearing Monthly In Arrears Hearing Representation Includes 30 Equifax Attended $225/per Monthly In Arrears Elite-Service ONLY $8,732 hearings per contract year. Hearing Management of State per Unemployment Insurance 1 $1 Sul Monthly In Arrears (SUI) Accounts Wage Audits ALL $N/A/per Monthly In Arrears Wage Audit *Annual Fee will be invoiced in advance in four(4) equal quarterly payments. Additional Terms for Statutory Attorney Representation: • In addition to Hearings Representation performed by EWS, and subject to the limitations on representation stated in the Authority section above, Client may request and authorize EWS, as Client's Agent and Attorney in Fact, to obtain attorney representation for Client at unemployment hearings where attorney representation is a statutory requirement or otherwise required by law or regulation of the particular state. • EWS will invoice Client for attorney representation up to a maximum of$350 per hearing,which will be paid directly to the attorney obtained by EWS for representation of Client. • In the event EWS, as Client's Agent, negotiates a fee on behalf of Client that is less than $350, EWS shall only invoice Client for the amount of the legal fee charged by the attorney. • In addition,a fee of$50 will be due to EWS as Client's Agent for EWS's non-legal services in coordinating and facilitating the attorney's representation, including administration and processing of factual material such as EWS's file on the matter at issue and contact information, and the invoicing and processing of payment to the attorney. EWS does not retain any portion of the fee paid by Client to the attorney, and does not accept referral fees. Optional Unemployment Tax Management Services and Associated Fees Following are Optional Unemployment Tax Management Services that Client may utilize during the term of this Schedule, regardless which service option has been selected above. The below fees shall be applicable during the Term of this Schedule, unless otherwise agreed to in writing by the parties. EWS shall provide the Optional Unemployment Tax Management Services to Client upon written request, which may be in the form of electronic mail, which shall include reference to the specific scope of services to be provided, the associated total fee, and the date of invoicing. In addition, a Statement of Work, in the form of Exhibit B hereto, will be required to engage EWS to provide"M&A Tax Planning and Compliance Filings" services listed below, or any other Unemployment Tax Management Service not otherwise included in the Annual Fee. The mutually agreed upon Statement of Work shall become part of the Agreement. Transaction Additional Fee (if applicable) Tax Audit and Refund Recovery 35% Contingency May 01,2022 Template Unemployment Cost Management Service Page 5 of 11 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 Priced as agreed upon between the M&A Tax Planning and Compliance Filings parties (Statement of Work required) Joint Account/Common Rating Analyses and Special Rating Strategies 25% Contingency Rate Forecasting $195 per account forecasted Registration and Closure Services: $175 per Account Registration State or local income tax withholding registrations State unemployment tax account registrations Combined state income tax withholding and unemployment account $225 per Combined Registration registrations State or local income withholding account closures State unemployment tax account closures $95 per Account Closure The following details the Optional Tax Management Services available during the term of this Agreement: • Joint/Common Rating Analysis and Special Rating Strategy. - Providing savings analysis and recommendations on joint/common rating at a contingency fee rate of 25%. - Providing savings analysis and recommendations for negative write-offs and payroll variation elections at a reduced contingency fee rate of 25%. - The Joint Account/Common Rating Analysis contingency fee shall be calculated based on the tax savings realized from the joint/common rating analysis and implementation generated by EWS's actions. This includes other special tax rating strategies such as negative write-offs and payroll variation elections. The contingency fee will be payable following the quarter(s) of savings for the duration of thejoint account or special tax rating strategy. • Registration and Closure Services. - Completion of state and local withholding and unemployment tax registrations and account closures, unrelated to a merger &acquisition event. - The fees to be paid to EWS shall be $175 per account registration and $95 per account closure. • Rate Forecasting. - Provide standard unemployment tax rate forecasts. Enhanced rate forecasts can be provided for an additional fee to be determined at time of request. - The fee to be paid to EWS shall be $195 per standard forecast. • M&A Tax Planning and Compliance Filings. - Providing unemployment analyses and recommendations on mergers, acquisitions, reorganizations or divestitures; - Completion of unemployment registration(s), status updates, and required transfer of experience application(s); - Consultation, completion and presentation of any data that may be required by the workforce agency to process total or partial transfers of unemployment experience; - Requesting most favorable rate(s) and maximizing tax savings using the state laws to Client's advantage; - Monitoring the workforce agency processing of the merger, acquisition, reorganization or divestiture to ensure proper assignments of unemployment tax rates; - Protest improper assignments of unemployment tax rates (up to the initial appeal, excluding preparation and representation in administrative hearings); and - Update EWS tax database to reflect legal entity changes. May 01,2022 Template Unemployment Cost Management Service Page 6 of 11 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 • Tax Audit and Refund Recovery. - Auditing historical unemployment tax records in accordance with state and federal statutory time periods and confirm all refunds and/or credits associated with overpaid tax have been issued or used; - Reviewing historical wage base continuation and experience transfer options for social security ("FICA"), federal unemployment insurance ("FUTA"), and state unemployment insurance ("SUI") resulting from mergers, acquisitions, reorganizations or divestitures within state and federal statutory time periods; - Communicating Tax Audit and Lookback Review findings to Client so that Client may pursue the recovery of overpaid tax on its own behalf, and - Upon written request of Client, completion of prescribed forms and/or applications for refunds, credits, and tax rate revisions at a contingency fee rate of 35%. The contingency fee rate shall be applicable to historical transactions, not otherwise contracted, and future transactions during the term of this Schedule. - The Tax Audit contingency fee shall be calculated based on the total recovery of any refunds, tax credits or tax rate revisions received by Client. The contingency fee will be payable on the total recovery secured by EWS when the state and/or federal agency issues a credit, refund (including interest received or penalties abated) or tax rate revision that reduces Client's past or future tax liability. Additional Terms: • The Annual Fee and the Excess Fee will increase by three percent (3%) on each anniversary of the Effective Date. • The Annual Fee applies to Services rendered under this Schedule for Client and its subsidiaries or affiliates listed on Exhibit A. • Unemployment Claims shall be defined as (i) any unemployment related claim document officially generated by a state agency, or (ii) in the event an unemployment claim was not managed by EWS, any document or inquiry which requires further case management by EWS. • In the event Client terminates this Schedule A or the Agreement prior to the end of an agreement year, EWS will calculate a monthly pro rata threshold for Unemployment Claims and Client will be responsible for a pro rata share of the excess claims for the agreement year in which such early termination becomes effective. The monthly pro rata threshold will be calculated by dividing the annual Unemployment Claims Workload Estimate above by 12. The monthly pro rata threshold for Unemployment Claims will then be multiplied by the number of completed months of the agreement year in which the termination becomes effective. The total of this calculation will represent the calculated pro rata threshold. If the total claims processed during the completed months of the terminated agreement year exceed the calculated pro rata threshold, Client will be responsible for paying the excess claim fee stated above for each excess claim. For the avoidance of doubt,this language does not give Client any additional right to terminate this Schedule A or the Agreement. Termination provisions are as specified in Schedule A above. • This Schedule will be amended as mutually agreed by EWS and Client in the case of additional state unemployment accounts and additional claims activity due to acquisitions, mergers, or reorganizations of Client. • Client acknowledges the recommendations, suggestions and/or work product presented in writing to Client by EWS in connection with the Unemployment Tax Management Services are the sole and exclusive property of EWS. Client agrees to pay EWS as outlined herein for all savings realized should any of the ideas presented by EWS be utilized. This paragraph shall survive and remain in force after the termination of this Agreement. • Workload estimates are provided by Client. If any of the workload estimates increase by 25%or more in an agreement year, (including as a result of a merger or acquisition), the parties agree to negotiate in good faith an appropriate adjustment to the workload estimates and the annual fee for the current agreement year. Any such adjustments to workload or fees will be retroactive to the beginning of the then current agreement year. Client Purchase Orders and Contact Information • 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 May 01,2022 Template Unemployment Cost Management Service Page 7 of 11 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 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(CD-equifax.com. PO Number (or similar) PO Contact PO Amount (does not limit or otherwise impact any minimum ordering obligations or purchase timeframer Name: commitments specified in the Agreement) PO Effective Dates (does not From: Phone: impact the Effective Date(s) or Term(s) specified in the Agreement) To: Email: • Client Information Client Name: County of Fresno Address: 2220 Tulare Street, 14th Floor City, State, Zip: Fresno, CA 93721 Main Contact: David Joseph Title: Sr. HR Analyst - Employee Benefits Division Primary Email: djoseph@fresnocountyca.gov Alternative Email: Phone: (559) 600-1810 Fax#: Invoice Delivery Mail Address: Method: ❑ Mail Email Address: ® Email djoseph@fresnocountyca.gov Payment Method: ❑ Check ❑ Credit Card ❑ ACH May 01,2022 Template Unemployment Cost Management Service Page 8 of 11 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 EXHIBIT A- UNEMPLOYMENT COST MANAGEMENT SERVICE LIST OF COVERED ENTITIES CLIENT NAME County of Fresno EFFECTIVE DATE: October 1, 2022 Name State SAN Formatted FEIN Structure is on system May 01,2022 Template Unemployment Cost Management Service Page 9 of 11 CUS-22-27570 For Execution LRD 1212212022 County of Fresno Contract# P-22-603 EXHIBIT B UNEMPLOYMENT TAX MANAGEMENT SERVICE SAMPLE STATEMENT OF WORK This Unemployment Tax Management Service Statement of Work("SOW") by and between Equifax Workforce Solutions LLC, a Missouri limited liability company ("EWS") and (Client Name to be inserted} ("Client"), dated fSOW Effective Date to be inserted ("Effective Date") is issued pursuant to and governed by the Universal Service Agreement between EWS and Client, dated fAgreement Effective Date to be inserted} (the "Agreement"), as well as Schedules A and B — Unemployment Cost Management Service thereto (collectively, the "UCM Schedules"). Any terms and conditions in this SOW that modify or change the terms and conditions of the Agreement or the UCM Schedules shall apply to this SOW only. All capitalized terms used but not defined in this SOW shall have the meanings given them in the Agreement or UCM Schedules, as applicable. 1. Term. The term of this SOW shall begin on the Effective Date and continue until the earlier to occur of:(i) the completion of the Services provided hereunder; or(ii) three (3)years from the Effective Date, unless extended by the mutual written agreement of the parties. In the event the Agreement and/or the UCM Schedules are terminated or expire prior to the completion of the Services provided hereunder, the terms and conditions of the Agreement and UCM Schedules shall remain in effect with regard to the Services provided hereunder, until the completion of such Services. 2. Scope of Services. EWS shall provide the following Services to Client: 3. Pricing. The following fee(s) shall apply to the SOW: 4. Invoicing. The fee(s) shall be invoiced as follows: Client Purchase Orders and Contact Information • 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 purchaseordersC-equifax.com. PO Number (or similar) PO Contact PO Amount (does not limit or otherwise impact any minimum ordering obligations or purchase Name: commitments specified in the pertimeframe Agreement) PO Effective Dates (does not impact the Effective Date(s) or Term(s) From: Phone: specified in the Agreement) To: Email: May 01,2022 Template Unemployment Cost Management Service Page 10 of 11 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 EXHIBIT B UNEMPLOYMENT TAX MANAGEMENT SERVICE SAMPLE STATEMENT OF WORK • Client Information Client Name: Address: City, State, Zip: Main Contact: Title: Primary Email: Alternative Email: Phone: Fax#: Invoice Delivery Mail Address: Method: ❑Mail Email Address: ❑ Email Payment Method: ❑ Check ❑ Credit Card ❑ ACH The person(s) signing below represents and warrants that he or she has the necessary authority to bind the principal set forth below. Client Equifax Workforce Solutions LLC By: By: Name: Name: Title: Title: Date: Date: May 01,2022 Template Unemployment Cost Management Service Page 11 of 11 CUS-22-27570 For Execution LRD 12/22/2022 County of Fresno Contract# P-22-603 COUNTY OF FRESNO co REQUEST FOR PROPOSAL NUMBER: 22-056 UNEMPLOYMENT INSURANCE COST MANAGEMENT & EMPLOYMENT VERFICATION SERVICES Issue Date: May 13, 2022 Closing Date: JUNE 8, 2022 AT 10:00 AM All Questions and Responses must be electronically submitted on the Bid Page on Public Purchase. For assistance, contact Heather Stevens at Phone (559) 600-7110. BIDDER TO COMPLETE Undersigned agrees to furnish the commodity or service stipulated in the attached at the prices and terms stated in this RFP. Bid must be signed and dated by an authorized officer or employee. Equifax Workforce Solutions COMPANY Marci Beatty CONTACT PERSON 11432 Lackland Road ADDRESS St.Louis MO 63146 CITY STATE ZIP CODE (614 743-3383 Marci.beatty@equifax.com TELEPHONE NUMBER E-MAIL ADDRESS �G�IIGCG/�1G/�GG%Ite� AUTHOR ZED$IGNA !6R Russell McAllister VP, National Accounts PRINT NAME TITLE G:\Public\RFP\FY 2021-22\22-056 Unemployment Insurance Cost Management&Employment Verification Services\22-056 Unemployment Insurance PD-040(10/21/2019) Cost Management&Employment Verification Services.doc County of Fresno Contract# P-22-603 CountyRFP #22-056 Response For The of • June • MogamAi Proprietary Notice and Declaration The information provided in Equifax's Response to the Request for Proposal Number 22-056 and all accompanying materials are confidential and proprietary information of Equifax Inc.and its affiliates(collectively,"Equifax")and are intended to be viewed only by employees with a need to know in order to evaluate the information provided to the County of Fresno.Unauthorized use or disclosure is prohibited.No information contained herein may be reproduced or communicated to any third party without the express written consent of Equifax.Nor shall any of the information, ideas,concepts,or other intellectual property provided herein be used,modified, or shared in any way,regardless of any statements to the contrary contained in the Request for Proposal.Equifax will not be liable for any claims,third party or otherwise,related to the information provided herein. While provided in good faith,this proposal is intended to be a framework for discussion and is nonbinding.The terms of any final agreement must be reviewed and approved by Equifax's legal department prior to execution.Neither the proposal recipient nor Equifax shall be legally bound unless and until the parties execute a definitive written agreement.Equifax reserves the right to adjust its initial proposal after completion of its due diligence and credit review.All information contained in our response will remain effective for 90 days from June 8,2022. EgUIF" WORKFORCE SOLUTIONS County of Fresno Contract# P-22-603 WORKFORCE RFP#22-056 Response for Unemployment Insurance Cost E(t(/�F�X `1 SOLUTIONS Management&Employment Verification Services County of Fresno Table of Contents Table of Contents 1 Signed Addenda 1 Conflict of Interest Statement 2 Trade Secret Form 2 Criminal History Disclosure Form 3 Participation Form 4 Reference List 5 Equifax Exceptions 6 Vendor Company Data 7 Scope of Work Response 8 A. Organization 8 B. Administrative Support &Training 13 C. Claims Management 14 D. Claims Auditing 17 E. Appeals & Hearings 19 F. Employment, Wage and Income Verification 19 G. Data Security and Information Technology 20 H. Implementation 22 Cost Proposal 22 Checklist 23 Contact Us 24 Equifax Workforce Solutions 1550 Peachtree Street,NWAtlanta,GA30309 i County of Fresno EgUIF"® 155Contract# P 3 0 Peachtree Street et N., Atlanta,GA 30309 WORKFORCE (404)885-8000 SOLUTIONS June 8, 2022 Heather Stevens County of Fresno +1 559-600-7110 RE: RFP # 22-056 Response for County of Fresno Dear Ms. Stevens, Equifax Workforce Solutions (Equifax), a large corporation, appreciates the opportunity to respond to the County of Fresno (County) Request for Proposal (RFP) # 22-056 for Unemployment Insurance Cost Management & Employment Verification Services. Equifax recognizes and appreciates our long-standing partnership with the County. Our proposal response below will demonstrate an intimate understanding of the County's need for a provider who can deliver a company-wide, Unemployment Cost Management solution that will positively impact your bottom line through: • Scalability. • Streamlining your Unemployment Claims process. • Improving Client's user experience for field and associates. • Providing technology that allows better alignment for the County's future. • Unparalleled Security. Equifax currently provides, and will continue to provide the only fully compliant, intuitive platform and access to the most experienced, dedicated resources in the industry to: • Reduce costs and improve the ability to mitigate compliance risks. • Improve process controls through process standardization and ownership. • Create a scalable environment to accommodate future growth more readily. • Enhance the consumer experience. • Scale to respond to changing market conditions. This proposal demonstrates our commitment and dedication to expanding our partnership and meeting the County's unique and evolving needs. Equifax and the County have enjoyed a seven year partnership that supports comprehensive Unemployment Claims Management services. Our attached response will ensure thorough and accurate claim processing, and enable a reduction in unemployment insurance (UI) claims costs.As the industry leader in UI cost management and employment verifications, we have the capabilities required to support the County and its stakeholder agencies through full-service, outsourced solutions. These capabilities have already saved the County hundreds of thousands of dollars annually. Our response herein will demonstrate our distinct capability as the only provider who will meet all of the requirements within the RFP, and illustrate the unparalleled level of value delivered through our service delivery. County of Fresno Contract# P-22-603 RFP#22-056 Response for The County of Fresno If you have any questions about our response, please contact me at marci.beatty(�Dequifax.com or +1 614-743-3383. Thank you for this opportunity and we look forward to continuing our successful relationship providing support for the County's UI cost management services. Sincerely, Marci Beatty Account Executive - National Accounts Equifax Workforce Solutions 1550 Peachtree Street,NW Atlanta,GA30309 i County of Fresno Contract# P-22-603 EQVIFAX® YVMKFORCE RFP#22-056 Response for SOLUTIONS The County of Fresno Signed Addenda Please reference the pages below for all applicable addenda signed and completed. Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 1 County of Fresno Contract# P-22-603 COUNTY OF FRESNO co O� �O ADDENDUM NUMBER: ONE (1 ) RFP NUMBER: 22-056 UNEMPLOYMENT INSURANCE COST MANAGEMENT & EMPLOYMENT VERIFICATION SERVICES Issue Date: May 24, 2022 Closing Date: June 8, 2022 at 10:00 AM All Questions and Proposals must be electronically submitted to the Bid Page on Public Purchase. For assistance, contact Heather Stevens at (559) 600-7110. NOTE THE FOLLOWING ADDITIONS, DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF REQUEST FOR PROPOSAL NUMBER: 22-056 AND INCLUDE THEM IN YOUR RESPONSE. PLEASE SIGN AND RETURN THIS ADDENDUM WITH YOUR PROPOSAL. ➢ Questions and Answers Q1. Could County of Fresno furnish win/loss information on their unemployment claims? A1. Year Decisions Wins Losses Win% 2019 66 62 4 94% 2020 19 15 4 79% 2021 38 33 5 87% Q2. Please provide the name of the individual from the County of Fresno that will be reaching out to the references provided in the response to the RFP. A2. That information is unknown at this time. ACKNOWLEDGMENT OF ADDENDUM NUMBER ONE (11 TO RFP 22-056 COMPANY NAME: Equifax Workforce Solutions 1�xl 'fgalq az%tGl- (PRINT) SIGNATURE: Russell McAllister(Jun 7,202216:04 EDT) NAME & TITLE: Russell McAllister, VP, National Accounts (PRINT) Purchasing Use: HS:st ORG/Requisition:89250200/8922200181 G:\PUBLIC\RFP\FY 2021-22\22-056 UNEMPLOYMENT INSURANCE COST MANAGEMENT&EMPLOYMENT VERIFICATION (10/21/2019) SERVICES\22-056 ADDENDUM 1.DOCX County of Fresno Contract# P-22-603 EqVIFW• WORKFORCE RFP#22-056 Response for SOLUTIONS The County of Fresno Conflict of Interest Statement Equifax does not have any conflicts of interest with the County of Fresno, and confirms that it is in full compliance with all federal, state and local conflict of interest laws, statutes and regulations. Trade Secret Form Please reference the pages below for our completed and signed Trade Secret Form. Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 2 County of Fresno Contract# P-22-603 Proposal No. 22-056 Page 21 TRADE SECRET ACKNOWLEDGEMENT Each proposal submitted is public record under the California Public Records Act(Cal. Gov. Code, secs. 6250 and following)and is therefore open to inspection by the public as required by Section 6253 of the California Government Code. This section generally states that"every person has a right to inspect any public record". The County will not exclude any proposal or portion of a proposal from treatment as a public record except information that it is properly submitted as a"trade secret" (defined below), and determined by the County to be a"trade secret" (if not otherwise subject to disclosure, as stated below). Information submitted as"proprietary', "confidential"or under any other terms that might state or suggest restricted public access will not be excluded from treatment as public record. "Trade secrets"as defined by Section 6254.7 of the California Government Code are not treated as a public record under that section.This section defines trade secrets as: "...Trade secrets,"as used in this section,may include, but are not limited to, any formula,plan,pattern,process, tool, mechanism, compound,procedure,production data or compilation of information that is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate,produce, or compound an article of trade or a service having commercial value and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it." Such information must be submitted in a separate PDF file named"Trade Secret"and marked as"Confidential"in the Public Purchase system. Bidders must include a clear and concise statement that sets out the reasons for confidentiality in accordance with the foregoing definition of"trade secret." Examples of information not considered trade secrets are pricing, cover letter, promotional materials, references, and the like. Information submitted by a bidder as"trade secret"will be reviewed by County of Fresno's Purchasing Division,with the assistance of the County's legal counsel,to determine conformance or non-conformance to the foregoing definition. Information that is properly identified as"trade secret"and which the County determines to conform to the definition will not become public record (if not otherwise subject to disclosure, as stated below).The County will safeguard this information in an appropriate manner, provided however, in the event of a request, demand, or legal action by any person or entity seeking access to the"trade secret"information,the County will inform the bidder of such request, demand, or legal action,and the bidder shall defend, indemnify, and hold harmless the County, including its officers and employees, against any and all claims,liabilities, damages,or costs or expenses, including attorney's fees and costs, relating to such request,demand or legal action, seeking access to the"trade secret" information. Information submitted by bidder as trade secret and determined by the County not to be in conformance with the foregoing California Government Code definition shall be excluded from the proposal and deleted by the County. The County shall not in any way be liable or responsible for the disclosure of any proposals or portions thereof, if(1)they are not electronically submitted in a separate PDF that is marked "Trade Secret"and marked as Confidential in the Public Purchase system; or(2)disclosure thereof is required or allowed under the law or by order of court. Bidders are advised that the County does not wish to receive trade secrets and that bidders are not to supply trade secrets unless they are absolutely necessary. I have read and understand, and agree to the above"Trade Secret Acknowledgement." BIDDER MUST CHECK ONE OF THE FOLLOWING: Has bidder submitted certain bid information that is a"trade secret,"as defined by Section 6254.7 of the California Government Code, and in compliance with the requirements of this Trade Secrets Acknowledgement? By marking"NO", bidder does not claim any confidentiality of any bid information submitted to the County. X YES NO ACKNOWLEDGED AND AGREED BY BIDDER: 'Faff9111 A GGiyel- June 8,2022 Russell McAllister(Jun 7,202216:04 EDT) Signature Date Russell McAllister VP,National Accounts Print Name Title G:\Public\RFP\FY 2021-22\22-056 Unemployment Insurance Cost Management&Employment Verification Services\22-056 Unemployment Insurance Cost Management&Employment Verification Services.doc County of Fresno Contract# P-22-603 ® WORKFORCE RFP#22-056 Response for EgVIFAX SOLUTIONS The County of Fresno Criminal History Disclosure Form Please reference the pages below for our completed and signed Criminal History Disclosure Form. Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 3 County of Fresno Contract# P-22-603 Proposal No. 22-056 Page 24 CERTIFICATION (1)The prospective primary participant certifies to the best of its knowledge and belief, that it, its owners, officers, corporate managers and partners: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. (2)Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. A dr91G1VM 11ZYV_ June 8, 2022 Signature: RusseHM(A[hster(Juti7,202216:04rDT) Date: Russell McAllister Equifax Workforce Solutions (Printed Name&Title) (Name of Agency or Company) G:\Public\RFP\FY 2021-22\22-056 Unemployment Insurance Cost Management&Employment Verification Services\22-056 Unemployment Insurance Cost Management&Employment Verification Services.doc County of Fresno Contract# P-22-603 ® WORKFORCE RFP#22-056 Response for EgVIFAX SOLUTIONS The County of Fresno Participation Form Please reference the pages below for our completed and signed Participation Form. Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 4 County of Fresno Contract# P-22-603 Proposal No. 22-056 Page 26 PARTICIPATION The County of Fresno is a member of the California Association of Public Procurement Officials (CAPPO) Central Valley Chapter. This group consists of Fresno, Kern, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties. Whenever possible, these and other tax supported agencies co-op (piggyback) on contracts put in place by one of the other agencies. Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate whether you would extend the same terms and conditions to all tax supported agencies within this group as you are proposing to extend to Fresno County. * Note: This form/information is not rated or ranked for evaluation purposes. FYes, we will extend contract terms and conditions to all qualified agencies within the California Association of Public Procurement Officials (CAPPO) Central Valley Chapter and other tax supported agencies. ElNo, we will not extend contract terms to any agency other than the County of Fresno. 1?9IrgCllRM2G t2l_ Russell McAllister(Jun 7,2022 16:04 EDT) (Authorized Signature) Russell McAllister, VP, National Accounts Title G:\Public\RFP\FY 2021-22\22-056 Unemployment Insurance Cost Management&Employment Verification Services\22-056 Unemployment Insurance Cost Management&Employment Verification Services.doc County of Fresno Contract# P-22-603 ® WVMKFORCE RFP#22-056 Response for ECtVIFi471C `1 SOLUTIONS The County of Fresno Reference List Please reference the pages below for our completed Reference List form. Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 5 County of Fresno Contract# P-22-603 Proposal No. 22-056 Page 25 REFERENCE LIST VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR PROPOSAL Firm: Equifax Workforce Solutions Provide a list of at least five (5) customers for whom you have recently provided similar services. If you have held a contract for similar services with the County of Fresno within the past seven (7)years, list the County as one of your customers. Please list the person most familiar with your contract. Be sure to include all requested information. Reference Name: County of Fresno Contact: David Joseph Address: 2220 Tulare Street, 14th Floor City: Fresno State: CA Zip: 93721 Phone No.: ( 559 ) 600-1815 Project Date: 6+years Service Provided: Equifax has partnered with the County of Fresno to provide Unemployment Cost Management services for the past 6+years. Reference Name: Maritz Holdings, Inc. Contact: Kayla Koenig, HR Generalist Address: 1375 North Highway Drive City: Fenton State: MO Zip: 63099 Phone No.: ( 636 ) 827-0015 Project Date: 30+years Service Provided: Equifax has parterned with Maritz Holdings to provide Unemployment Cost Management services for the past 30+ years and Employment Verification services for the pas + years. Reference Name: IHG Management Contact: Joyce Wolfe, Manager HRSS Address: 3 Ravinia Drive City: Atlanta State: GA Zip: 30346 Phone No.: ( 770 ) 689-4333 Project Date: 29+Years Service Provided: Equifax has partnered with IHG Management to provide Unemployment Cost Management services for the past 29 years and Employment Verification services for the past 18+years. Reference Name: County of Alameda Contact: Lana Clausen Address: 1221 Oak Street City: Oakland State: CA Zip: 94612 Phone No.: ( 510 ) 891-8953 Project Date: 26+years Service Provided: Equifax has partnered with the County of Alameda to provide Unemployment Cost Management services for the past 26+years and Employment Verification services for the past 10+years. Reference Name: El Pollo Loco Contact: Michelle Coombs Address: 3535 Habor Blvd,#100 City: Costa Mesa State: CA Zip: 92626 Phone No.: ( mcoomb) @elpolloloco.com Project Date: 21+years Service Provided: Equifax has partnered with El Pollo Loco to provide Unemployment Cost Management services for the past 21+years,and Employment Verification Services for the past 16+years. Failure to provide a list of at least five (5) customers may be cause for rejection of this RFP. G:\Public\RFP\FY 2021-22\22-056 Unemployment Insurance Cost Management&Employment Verification Services\22-056 Unemployment Insurance Cost Management&Employment Verification Services.doc County of Fresno Contract# P-22-603 ® WORKFORCE RFP#22-056 Response for EgVIFAX SOLUTIONS The County of Fresno Equifax Exceptions Please reference the table 1 below for our exceptions to the County's terms and conditions. Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 6 County of Fresno Contract# P-22-603 E[tVIFi471C• I WORKFORCE RFP#22-056 Response for SOLUTIONS The County of Fresno Vendor Company Data Requirement X.A. A narrative which demonstrates the vendor's basic familiarity or experience with problems associated with this service/project. Equifax Response. Equifax Workforce Solutions (Equifax) is the industry leader for Unemployment Insurance Cost Management services, through our proprietary Unemployment Cost Management (UCM) solution. UCM is a combination of claims management standardization and automation that drives efficiency into the workflow, helping the County deliver compliance and reducing overall risk. Our proprietary processes and technology capitalize on more than 70 years of experience with UI case management and state unemployment insurance (SUI) account monitoring. Prompted workflows, contesting of viable protestable claims, hearing representations, claimant archiving, and robust reporting available through our solution encourages optimal program results and best practice sharing for multi-agency employers. Requirement X.B. Descriptions of any similar or related contracts under which the bidder has provided services. Equifax Response. Equifax is unparalleled in its experience delivering comprehensive Unemployment Insurance (UI) Cost Management Services; With 70+ years providing UI claims administration services, we have proven partnerships and experience with UI claims review, defense, mitigation and processing in all 50 U.S. states, its territories, protectorates and the District of Columbia, including 74 separate counties nationwide. Equifax has successfully provided UI cost management services with the County for the past 6 years. Since October 2020, Equifax has provided the County with $674,274 in total liability avoided, and $2.8 million total benefit charges received and $35,201 in charge credits received. Requirement X.C. Descriptions of the qualifications of the individual(s) providing the services. Equifax Response. Ms. Marci Beatty is the Account Manager, and has supported the County since 2021. Ms. Beatty will be available to the County during normal business hours, 8:00 a.m. to 5:00 p.m., PST, Monday through Friday, and is available via email or telephone at marci.beattv(a)eauifax.com or+1 614-743-3383. Ms. Beatty has 29+ years of experience providing support for public and private agencies in delivering IT and business solutions. Ms. Beatty will continue to work with the County to ensure the services listed in the SOW for the County's UI Cost Management services are met and our solutions provide tangible return on investment (ROI). Requirement X.D. Any material(including letters of support or endorsement) indicative of the bidder's capability. Equifax Response. Included in Attachment A- UCM Case Study, we have provided material demonstrating our unique capabilities in providing UCM services. Requirement X.E. A brief description of the bidder's current operations, and ability to provide the services. Equifax Response. Equifax is providing this proposal as we believe that we are the only provider capable of meeting or exceeding all of the requirements listed in the County RFPs Statement of Work (SOW). The Sections below demonstrate our compliance and unique ability Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 7 County of Fresno Contract# P-22-603 EQuIF/AX® WORKFORCE RFP#22-056 Response for SOLUTIONS The County of Fresno to meet all of the County's requirements, and illustrate the unique value delivered through our proprietary proposed solution, Unemployment Cost Management. Requirement X.F. Copies of the audited Financial Statements for the last three (3) years for the agency or program that will be providing the service(s)proposed. If audited statements are not available, compiled or reviewed statements will be accepted with copies of three years of corresponding federal tax returns. This information is to be provided after the RFP closes, if requested. Do not provide with your proposal. Equifax Response. Upon request, Equifax will provide audited financial statements from the last three (3) years supporting our capability in performing the required services. Requirement X.G. Describe all contracts that have been terminated before completion within the last five (5) years: Equifax Response. Due to non-disclosure agreements, Equifax Workforce Solutions is unable to provide names of current or former clients without their consent. Unfortunately, like most businesses from time to time, a decision to terminate our services is made. The most common reasons for the termination of our services are: • Bankruptcy; Out of business; Financial distress. • Merger/Acquisition with another organization. • Prior relationships— new contact who changes to a vendor they have used previously. • Conditions that prohibit a mutually beneficial partnership (potential reasons: price vs value, terms/conditions, primary vs. secondary, etc.). Equifax is the largest Unemployment Cost Management provider, supporting over 7,000 Unemployment Cost Management clients today and processing more than 20% of ALL unemployment claims. Requirement X.H. Describe all lawsuit(s) or legal action(s) that are currently pending; and any lawsuit(s) or legal action(s) that have been resolved within the last five (5) years: Equifax Response. Equifax has periodically been involved in claims, suits, government investigations, supervisory examinations, and regulatory proceedings arising from the ordinary course of our business, including actions with respect to consumer protection and data protection, including purported class action lawsuits. Such claims, suits, government investigations, and proceedings are inherently uncertain and their results cannot be predicted with certainty. Please see the Summary of Litigation from the public filing of the 1 OK, which can be referenced at Equifax's Investor Relations webpaae (http://investor.eguifax.com/). Requirement X.1. Describe any payment problems that you have had with the County within the past three (3) years: Equifax Response. Equifax has not had any payment problems with the County within the past three (3) years. Scope of Work Response A. Organization Requirement A.1 Please confirm that your firm will provide the County with a designated Account Manager. Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 8 County of Fresno Contract# P-22-603 O RFP#22-056 Response forE1UIF ® � The County of Fresno a. Briefly describe their relevant work experience. b. How many years of experience do they have in this role? c. How many clients, including the County, will they manage? Equifax Response. Ms. Marci Beatty is the Account Manager, and has supported the County since 2021. Ms. Beatty will be available to the County during normal business hours, 8:00 a.m. to 5:00 p.m., PST, Monday through Friday, and is available via email or telephone at marci.beattya-equifax.com or +1 614-743-3383. Ms. Beatty has 29+ years of experience providing support for public and private agencies in delivering IT and business solutions. Ms. Beatty will continue to work with the County to ensure the services listed in the SOW for the County's UI Cost Management services are met and our solutions provide tangible return on investment (ROI). Requirement A.2. It is expected that the final agreement between the winning bidder and the County will be in the County of Fresno Service Agreement format(Exhibit B). Please confirm that you have reviewed the Service Agreement and are able to comply with the terms and conditions, including:Article 6 Termination and Suspension, Article 8 Indemnity and Defense, Article 9 Insurance, and Article 12.3 Governing Law. Please note any exceptions and provide a detailed remedy. Equifax Response. The Table 1 below represents the exceptions Equifax has noted upon review of the County's Service Agreement (Exhibit B). Table 1.Equifax Exceptions Service Agreement Section . - . . Exhibit B, Article 8, Section 8.1. Indemnity. Equifax respectfully requests the following section to be updated to reflect our recommended changes.As the services provided by Equifax Workforce Solutions (Equifax) are contingent on the availability and quality of data provided by the County of Fresno (County), Equifax respectfully expects that the County would indemnify Equifax against any claim relating thereto. Suggested language modification: 8.1. Indemnity. Each party shall indemnify and hold harmless and defend the other party ((including its officers, agents, employees, and volunteers) against all third party claims, demands, suits, damages, costs, expenses (including reasonable attorney fees and costs), fines, penalties, and liabilities of any kind to the County (or any of its officers, agents or employees) or, the Contractor (or any of its officers, agents,or employees), that arise from (i) breach of the Confidentiality obligations set forth in this Agreement, Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 9 County of Fresno Contract# P-22-603 ��//F14X• I WORKFORCE RFP#22-056 Response for SOLUTIONS The County of Fresno including, but not limited to Claims resulting from an Incident, (ii) infringement on the United States intellectual property rights of third parties, (iii) intentional wrongful act or omission, willful misconduct, and/or (iv) breach of Data Quality and Transmission obligations; provided that (a) the party seeking indemnity promptly notifies the indemnifying party of any Claim for indemnity and cooperates fully in the defense of the Claim, (b) the party providing indemnity shall select counsel to defend any such Claim, and (c) the indemnifying party has sole control over the defense of the Claim and will have the right to settle an indemnified Claim without the prior written consent of the indemnified party, so long as a judgment or settlement does not impose any unreimbursed monetary or continuing non-monetary obligation on the indemnified party, and does not contain an admission of guilt. 8.2. IN NO EVENT SHALL DAMAGES BY EITHER PARTY HEREUNDER EXCEED THE TOTAL FEES PAID BY CLIENT DURING THE TWELVE MONTHS PRIOR TO THE ACT OR OCCURRENCE WHICH GIVES RISE TO THE CLAIM. THIS LIMITATION ON LIABILITY SHALL NOT APPLY TO ANY THIRD PARTY CLAIM FOR WHICH EITHER PARTY HAS AN OBLIGATION OF INDEMNITY PURSUANT TO SECTION 8.1. 8.3 ANY OTHER TERM OR PROVISION OF THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, IN NO EVENT SHALL EITHER PARTY, OR ITS AFFILIATES, THEIR DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR LOSS OF PROFITS OR FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE PERFORMANCE OF THIS AGREEMENT, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 10 County of Fresno Contract# P-22-603 E(tVIFA71C® I WVMKFORCE RFP#22-056 Response for SOLUTIONS The County of Fresno Exhibit D, Section 1.A Equifax respectfully recommends adding the following line after"...annual aggregate of Four Million Dollars ($4,000,000)." "Such limits may be met through a combination of primary and umbrella/excess coverage". We also request the following edit to the referenced sentence in this section: "The Contractor shall obtain an endorsement to this policy including i9eRgiAg the County of Fresno, its officers..." Finally, we request the last sentence to add the following language. "...under the Contractor's policy but only to the extent that Equifax is found to be solely liable". Exhibit D, Section 1.E Equifax respectfully requests replacing all references to "five years" in this subsection with "three years" Exhibit D, Section 1.F We respectfully request the County remove this section as it is not relevant or applicable Exhibit D, Section 2.A Additional Equifax respectfully recommends removing Requirements this section in its entirety as Equifax is not a government entity. Exhibit D, Section 2.C. Equifax respectfully requests modifying this subsection with the following language: "Notice of Cancellation or Change. For each insurance policy required under this Agreement, the Contractor shall endeavor to provide to the County written notice of any cancellation as required in this paragraph and in accordance with the policy provisions. For cancellation of the policy for nonpayment of premium, the Contractor shall endeavor to provide written notice to the County not less than 10 days in advance of cancellation in accordance with policy provisions. For cancellation of the policy for any other Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 11 County of Fresno Contract# P-22-603 EQV�FAx® I WORKFORCE RFP#22-056 Response for SOLUTIONS The County of Fresno reason, and for any other change to the policy, the Contractor shall provide written notice to the County not less than 30 days in advance of cancellation or change in accordance with policy provisions. The County in its sole discretion may determine that the failure of the Contractor or its insurer to timely provide a written notice required by this paragraph is a breach of this Agreement." Exhibit D, Section 2.D Equifax respectfully recommends modifying this subsection to reflect the following: "County's Entitlement to Greater Coverage. If the Contractor has or obtains insurance with broader coverage, higher limits, or both, than what is required under this Agreement, then the County is entitled to the broader coverage, higher limits, or both. To that end, the Contractor shall deliver, or cause its broker or producer to deliver, to the County's Risk Manager certificates of insurance and endorsements for all of the coverages required under this Agreement." Exhibit D, Section 2.E Equifax respectfully requests the removal of this subsection in its entirety. Exhibit D, Section 2.F Equifax respectfully recommends the removal of the last part of the last sentence of this subsection: Affeement.,, Exhibit D, Section 2.G Equifax respectfully requests the removal of this subsection as we do not anticipate utilizing the services of subcontractors for this contract. Requirement A.3. How many years has your firm provided unemployment claims administration services, as described in the Scope of Work? Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 12 County of Fresno Contract# P-22-603 EqEQV�FAX® I WORKFORCE RFP#22-056 Response for SOLUTIONS The County of Fresno Equifax Response. Equifax is unparalleled in its experience delivering comprehensive Unemployment Insurance (UI) Cost Management Services; With 70+ years providing UI claims administration services, we have proven partnerships and experience with UI claims review, defense, mitigation and processing in all 50 U.S. states, its territories, protectorates and the District of Columbia, including 74 separate counties nationwide. Equifax has successfully provided UI cost management services with the County for the past 6 years. Since October 2020, Equifax has provided the County with $674,274 in total liability avoided, and $2.8 million total benefit charges received and $35,201 in charge credits received. Requirement A.4. In the table below, identify the number of California government clients, total government clients (including California government clients) and corporate/private sector clients for which you provide unemployment insurance administration by the number of covered employees. Equifax Response. Due to strict confidentiality agreements with our customers, Equifax cannot provide detailed information regarding client sizes. With 70+ years providing UI claims administration services, we have proven partnerships and experience with UI claims review, defense, mitigation and processing in all 50 U.S. states, its territories, protectorates and the District of Columbia, including 74 separate counties nationwide, the County of Fresno, County of Los Angeles, and more. B. Administrative Support & Training Requirement B.1. Does your firm proactively update clients with regard to changes or potential changes to California laws and regulations related to unemployment insurance? Briefly summarize your process for keeping clients updated—regular newsletter, direct outreach from the designated account manager, etc. Equifax Response. Equifax has a dedicated Unemployment Insurance Program Relationship (UIPR) team that stays abreast of changing unemployment laws, regulations, issues, and trends at the federal and state levels. The UIPR team regularly distributes bulletins and updates to keep our UICs, service teams and clients on top of the ever-changing legislative and regulatory environment for both the State of California as well as Federal mandates. Requirement B.2. Describe the support your firm provides clients with respect to the potential impacts and costs associated with legal or regulatory changes. Equifax Response. Training and Education is a vital component to an Unemployment Cost Management (UCM) program's success. Since the unemployment process and state regulations can be so complex and overwhelming, Equifax offers a range of educational services and resources that are available to meet the County's diversified needs. Our programs are designed to teach and communicate best practices, industry standards, and provide essential updates so that the County can apply this valuable information to your day-to-day activities. Training and education is available to the County and its departments upon request at no additional charge. Equifax continually strives to share our knowledge, educational resources and updates on developments in the unemployment industry. Equifax created and maintains a variety of easy to access resources, events, and dedicated special interest groups that are client driven and focused. Educational Resources and Collaborative Learning Events include: Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 13 County of Fresno Contract# P-22-603 EQVIFAX® I WORKFORCE RFP#22-056 Response for SOLUTIONS The County of Fresno • Webcasts—All clients have the opportunity to attend live online webcasts that focus on specific and pressing issues and procedures or legislative updates. Webcasts offer a cost effective and immediate way to receive the latest industry news. • Communications and Bulletins—Written by Equifax unemployment cost management experts, these communications target fundamental and important subject matter. Our communications are released continually by a variety of means such as our online Equifax Insights Blog, emailed bulletins and newsletters. • Claims— Equifax's resource center gives our clients access to additional education presentations and a variety of takeaway tips and tools. The resource center is located online and can be accessed via the Internet. Furthermore, as an optional service, we have educational Webinar Workshops to meet your organizational needs: • Webinar Workshops—Gives the County personnel an opportunity to learn, actively participate, and apply practical solutions to the unemployment challenges within your organization. Workshops are convenient, productive, and are ideal for reaching a large and dispersed population or for a quick launch. Our webinar workshops are tailored to the County's educational needs and it allows the ability for your personnel to collaborate. We provide a monthly training schedule available along with recorded versions. Equifax will provide on-demand lecture-workshop training sessions for County employees as hearing representatives, as requested by the County. Our detailed, unique sessions, such as the Hearings 101 training session, provides the County with a live or on-demand session hosted by an experienced trainer to help the County's users follow proper compliance procedures, avoid fines/penalties and gain significant savings by reducing unemployment taxes. These training sessions are available at no cost to the County. For example, The Hearings 101 training session provides attendees with a self-paced session covering the entire unemployment hearing process, from reading and responding to a hearing notice to preparing for an effective testimony. Requirement B.3. Provide samples of all relevant Ul training materials that you would provide to County staff, such as webinars, procedure manuals, website content, seminar materials, and any other support tools. Equifax Response. Provided in Attachment B - Sample UI Training Materials, we have included various training materials and schedules of upcoming webinars available for the County. C. Claims Management Requirement C.1. Please provide a dummy website (with credentials, if applicable) where County staff can test your claims management system functionality, including standard and ad hoc reporting. Equifax Response. Included with our unmatched UCM solution is our proprietary web-based system, CaseBuilderTM. This unique offering provides the County with a web-based, centralized and secure location for efficiently monitoring claims activity online while vastly simplifying case-related communications and information exchange. CaseBuilder guides users through a defined series of information requests in order to systematically address each benefit claim. This process ensures that accurate data, automatically triggered by the initial reason for separation, is provided in response to every claim, thereby minimizing the County's exposure to benefit Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 14 County of Fresno Contract# P-22-603 EqVIFCj* WORKFORCE RFP#22-056 Response for gX® I SOLUTIONS The County of Fresno overpayments and escalating non-compliance penalties. With this proprietary platform, the processing of information requests, tracing of responses, and identification and elimination of bottlenecks in case progressions are efficiently managed by Equifax - saving the County costly and lengthy expenditures. Additionally, Equifax will continue to provide the County with an application - Claimant Archive - which allows authorized users to view the most recent status of any claim. While normally, an employer may have to wade through pages of reports or data to find this information, Claimant Archive allows instance access to the pertinent data. This user-friendly, web-based application will allow the County's users to search and retrieve comprehensive details on the past four years of case activity on a claim-by-claimant basis. While the County currently has access to our web-based platforms, Equifax will provide "dummy"/sample access to our platforms upon request, for evaluation purposes. Requirement C.2. Describe your process for receiving and processing unemployment insurance claims notices. Equifax Response. Equifax will continue to provide full-service claims administration that is flexible and user-friendly. Each member of the Equifax team provides claims management services through a system developed to optimize the processing of unemployment claims, reduce administrative burden, and streamline efficiencies. Our expert staff of industry specialists assume full responsibility from the filing of the initial claim response to its final deposition. Figure 1. Our Claims Processing service requires minimal Employer involvement throughout the process Separation Determination L Protest ■=Employer responsibility Our proposed solution of the Unemployment Cost Management services includes proprietary technology to support the tracking and management of claim records for each claimant's account, as well as their accuracy. In addition to the technological capabilities of our CaseBuilder platform, our dedicated service delivery teams will continue to review each claim Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 15 County of Fresno Contract# P-22-603 Equlojwe I wo MRCE RFP#22-056 Response for �1 SOLUTIONS The County of Fresno record for accuracy and completeness. In situations where data is inaccurate or incomplete, Equifax will work with the County to determine the missing variables, and coordinate with the County to obtain and update all necessary information. All pertinent details, including employee separation information is gathered and stored within our secure databases, and is then formulated and submitted via State Information Data Exchange System (SIDES). Equifax is the leading unemployment service provider to invest in the SIDES process.Our claims processing system ties each employee to his/her particular identification code, whether that is his/her SSN or an employee identification number (BEMS) that the employer assigned. We also link all unemployment documents to a specific State Account Number (SAN) in which wages have been reported to the state agency by the employer. Upon receipt of an unemployment claim, we validate the SSN or employee identification number against our database to ensure accuracy. We also validate the SAN that was assigned by the state agency. If this account number is inaccurate or is missing, we will either correct it with the agency or assign the state account number when loaded to our database. In addition to the dedicated claims administration service team from Equifax, our proposed solution also includes the proprietary CaseBuilder platform. CaseBuilder is a unique web-based system that offers the County a centralized and secure location for efficiently monitoring claims activity online while vastly simplifying case-related communications and information exchange. CaseBuilder guides users through a defined series of information requests in order to systematically address each benefit claim. This ensures that accurate data, triggered by the initial reason for separation, is provided in response to every claim, thereby minimizing the County exposure to benefit overpayments and escalating non-compliance penalties. With CaseBuilder, the processing of information requests, tracking of responses, and identification and elimination of bottlenecks in case progression are all efficiently managed by Equifax— saving the County both time and money. Streamlining the unemployment process, CaseBuilder provides immediate visibility into entire case histories. This allows the County to quickly identify and enter details for a specific claim, upload multiple documents, send alerts regarding upcoming response deadlines, conveniently schedule hearing representation, and much more—all from the same view. Figure 2. CaseBuilder Homepage Screenshot Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 16 County of Fresno Contract# P-22-603 EqC�VI�AX• I WORKFOKf RFP#22-056 Response for SOLUTIONS The County of Fresno EL lip lipm 1 1 TercP lar Cafef FsroraOfe'ecbYN� Qa.c+•Actcrs YW.1.11. l t F/a a•16.U.._lIL•.J r the r-W.36 Lars. ® 0? war/ M.P.— In�.II�MV I•- t o/Is1/.ri.N.�sN ► -Do M-ED 1 tuw Stow. n. •rIM.H....�. .•yr aww�.rtr.. pl..y�••�+ Ya.a�• � �.�'. I.r.rY.Iw.IaaA.aa�r�• Nf.e�•.wr,• - �.MII�7aa Requirement C.3. Describe the decision-making process for reaching a determination that a discharge or voluntary quit should not be protested. Do you contact the employer to request approval prior to closing out these claims? Equifax Response. Equifax will continue to work with the County to collect, store and investigate any UI claims filed against the County.Any and all determinations are reviewed upon receipt to determine appropriate action. In the event an unfavorable determination is received and the County wishes to appeal, the dedicated Unemployment Insurance Consultant (UIC) will contact the respective County department to review the unfavorable decision and discuss appeal options. During this conversation, the merits of the case are discussed, and the UIC will make recommendations for presenting the strongest case at an unemployment hearing. Ultimately, the decision to appeal a case is the County's decision; however, our guidance, professional consultation, and unemployment expertise will guide the County to the best decision. D. Claims Auditing Requirement D.1. What percentage of claims are audited and what is the frequency that internal audits are performed? Equifax Response.All of the detail records are audited and automatically checked against California's specific audit guidelines. Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 17 County of Fresno Contract# P-22-603 EQVI15W• I WORKFORCE RFP#22-056 Response for SOLUTIONS The County of Fresno Requirement D.2. Describe any audit procedures, preventative measures or intervention methods you have in place working with the EDD to reduce or eliminate fraudulent payments. How does your company manage or assist in the recovery of these funds? Equifax Response. Equifax will continue to receive the County's quarterly notices of benefit charges to the County, and will perform diligent and timely audits to ensure that all benefit payments were valid, and identify any invalid or improper claim based on the provided employee separation data. Our dedicated teams will continue to support potential benefit charges through the following features: • Fraud Detection & Reconciliation Services (Charge Auditing): With 15% of all charges paid in error, it is imperative to have a charge audit program in place. Our system performs a comprehensive analysis of Benefit Charge Statements identifying any discrepancies and fraudulent and/or incorrect benefit charges, including our best in class fraud detection via our extensive payroll database. • Two-Step Benefit: In step one every detail record is automatically checked against each state's specific audit guidelines. In step two any record that is identified in the previous step is audited a second time, manually, by an assigned highly trained specialist (24 year average tenure). That specialist may question the benefit charges with the County and will remain involved with the case until final resolution. Some of the errors most often detected are: • Benefits paid to a claimant although the case has not been finalized • Benefits paid to a claimant although the case was adjudicated in the client's favor (audited at the claim level) • Benefits not removed once an unfavorable ruling has been overturned at an unemployment hearing • Benefits paid to a claimant due to fraud on the claimant's part Although there are many additional reasons that benefits are incorrectly charged, the County will be empowered with the confidence that all of the benefit charges are being properly identified, protested, and resolved on their behalf. Requirement D.3. Describe your verification process for claims and any process for determining whether overpayment exists. Equifax Response. Equifax will continue to work with the County to collect, store and investigate any UI claims filed against the County.Any and all determinations are reviewed upon receipt to determine appropriate action. In the event an unfavorable determination is received and the County wishes to appeal, the dedicated Unemployment Insurance Consultant (UIC) will contact the respective County department to review the unfavorable decision and discuss appeal options. During this conversation, the merits of the case are discussed, and the UIC will make recommendations for presenting the strongest case at an unemployment hearing. Ultimately, the decision to appeal a case is the County's decision; however, our guidance, professional consultation, and unemployment expertise will guide the County to the best decision. Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 18 County of Fresno Contract# P-22-603 Equiti X• I WOIUWORCE RFP#22-056 Response for SOLUTIONS The County of Fresno Requirement D.4. Will you protest overpayment on individual claims? Equifax Response. The County's UIC and our UCM team will continue to review all pertinent material and contact all appropriate County personnel to further review each case as warranted. Our UCM team gathers all pertinent details and files, and will work with the County to ensure it is well represented in the filing of any initial protests for overpayment on individual claims. E. Appeals & Hearings Requirement E.1. Please describe your process for assisting clients to determine whether or not to pursue an appeal of an adverse determination? Equifax Response. Equifax will continue to work with the County to collect, store and investigate any UI claims filed against the County.Any and all determinations are reviewed upon receipt to determine appropriate action. In the event an unfavorable determination is received and the County wishes to appeal, the dedicated Unemployment Insurance Consultant (UIC) will contact the respective County department to review the unfavorable decision and discuss appeal options. During this conversation, the merits of the case are discussed, and the UIC will make recommendations for presenting the strongest case at an unemployment hearing. Ultimately, the decision to appeal a case is the County's decision; however, our guidance, professional consultation, and unemployment expertise will guide the County to the best decision. Requirement E.2. If an appeal is required describe your process for constructing an appeal. Is it your practice to have representatives conduct investigations and prepare witnesses prior to the hearing taking place? Equifax Response. Equifax will continue to work with the County to collect, store and investigate any UI claims filed against the County.Any and all determinations are reviewed upon receipt to determine appropriate action. In the event an unfavorable determination is received and the County wishes to appeal, the dedicated Unemployment Insurance Consultant (UIC) will contact the respective County department to review the unfavorable decision and discuss appeal options. During this conversation, the merits of the case are discussed, and the UIC will make recommendations for presenting the strongest case at an unemployment hearing. Ultimately, the decision to appeal a case is the County's decision; however, our guidance, professional consultation, and unemployment expertise will guide the County to the best decision. F. Employment, Wage and Income Verification Requirement F.1. Please confirm that your firm will report wage data and other information described in the "Employment, Wage and Income Verification"section of the Scope of Work, to the EDD in the format required(Sunday through Saturday) notwithstanding that County employees are paid biweekly using a Monday through Sunday pay cycle? Equifax Response. Equifax confirms that we will report wage data and other information described in the "Employment, Wage and Income Verification" section of the Scope of Work, to the EDD in the format required (Sunday through Saturday) notwithstanding that County employees are paid biweekly using a Monday through Sunday pay cycle, as long as we continue to receive the pertinent data and information from the County. Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 19 County of Fresno Contract# P-22-603 F.(ZVIFn71C• I WORKFORCE RFP#22-056 Response for �1 SOLUTIONS The County of Fresno Requirement F.2. Describe how your firm will provide employment, wage and income verification, on the County's behalf, for governmental entities and non-governmental third parties. Equifax Response. Under the proposed solution, the County currently will have access to our unmatched The Work Number (TWN) solution for its employment and income verification services. TWN, the industry's largest database of employment and income records, delivers an automated verification service that helps streamline the transfer of information between employers and verifiers, ultimately benefiting employees and consumers by creating an accelerated decision process. We maintain a dominant presence, responding to a large percentage of verification inquiries that other vendors simply cannot support in an automated manner or with the same breadth and quality of data. The Work Number data is superior because it is the actual income received by the employee and not modeled or derived like a number of vendors propose. • Directly Sourced from employers and delivered real-time. • Growing at a FAST rate that exceeded over 2.5 Million employers at the end of 2021. • 136+ Million active records i 500+ Million historic records. • 145+ Million instant verifications completed in 2021; We handle more volume in 1 day than our next closest competitor fulfills in 1 year. The Work Number contains more payroll records than all other competitors combined. This allows us to drive automation and efficiency to help individuals who are seeking a wide range of services and benefits to live their financial best. Moving forward, our current UCM solution can be integrated with our TWN solution. This ensures that our clients only have to submit payroll information to The Work Number database and, from there, our systems can cross-reference the database to validate payroll records. This is a tremendous advantage of The Work Number over our competition. By integrating The Work Number with our Unemployment Cost Management platform, claims receive automatic payroll validation, limiting the number of claims that must be forwarded to payroll for additional information as well as mitigating fraudulent claims. If the County were to choose another UC provider or employment and income verifications provider, that provider would need to collaborate with the County on all claims due to the loss of synergy that is inherent with the integration of The Work Number payroll file and our Unemployment Cost Management platform. This translates to increased fraud risk and additional internal labor hours the County's team would need to allocate toward managing its unemployment claims. G. Data Security and Information Technology Requirement G.1. Please confirm that your firm's data security meets or exceeds the data security standards referenced in the "Data Security and Information Technology"section of the Scope of Work. Equifax Response. Equifax has reviewed, acknowledges and meets the required data security standards referenced in the "Data Security and Information Technology section of the Scope of Work. Requirement G.2. Do you have a disaster recovery plan? If so, please describe. Equifax Response. Equifax has a Business Continuity Program designed to recover our business processes as expeditiously and efficiently as possible. Policy and procedures are Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 20 County of Fresno Contract# P-22-603 Equlo;w• I WORKFORCE RFP#22-056 Response for �1 SOLUTIONS The County of Fresno reviewed and approved by senior leadership. This comprehensive program provides oversight internally as well as externally to subcontractors. Equifax's Global Security manages the Business Continuity Program (BCP). The global program maintains Business Impact Analysis (BIA) documents and Business Continuity Plans for each business unit at each physical location. The BIA documents critical business processes, application dependencies, the potential impact to each process, recovery strategies and viable alternate locations. Each plan details the recovery steps to ensure that critical processes are recovered according to the Recovery Time Objectives (RTO). Also included: • Call trees for internal staff contacts. • Client contact information. • Process Recovery Time Objectives (RTO) and Recovery Point Objectives (RPO). BIAs and BCPs are updated, approved and exercised annually. Equifax's Information Technology group manages the Disaster Recovery Program (DRP) which maintains technical plans for the recovery of systems, applications and platforms. Equifax maintains a Business Continuity Plan (BCP) and DRP that includes the following requirements: • Identifying and managing risks relating to events which could cause business disruption. • Identifying critical business services where disruption to the service could impact the confidentiality, integrity or availability of Protected Information. • Implementing appropriate continuity plans to mitigate the impact of disruption including clear identification of how a business continuity and disaster recovery plan can be invoked. • Maintaining a process to learn from business continuity and disaster recovery invocation events. • Annually testing business continuity and disaster recovery response. BIAs and BCPs are updated, approved and exercised annually. Our BIAs and BCPs are proprietary and not available for disclosure. Equifax will gladly facilitate a virtual meeting with the County and our Global Security Team to review our policies and answer questions. Requirement G.3. Have you had any data breaches or security problems involving client data or wage information in the past five years? If so, describe the incident(s) and the measures implemented by you to correct them. Equifax Response. Equifax takes the security of consumer information very seriously and has a robust and evolving security program in place to protect the data entrusted to our care. While Equifax Workforce Solutions has not experienced a `breach,'we have been made aware, from time to time, of limited instances of fraudulent access to our consumer-facing portals using previously stolen credentials and other personal information. Communication, notification, and disclosure will be addressed in accordance with Legal and regulatory requirements. Requirement G.4. Does your company perform penetration testing? If so, how often? Equifax Response.An independent third party is utilized for annual penetration testing. The scope of the test is enterprise wide to include network and applications. Web Application Security assessments focus on all web facing applications utilizing three methodologies, Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 21 County of Fresno Contract# P-22-603 WORKFORCE RFP#22-056 Response for EQV�F14X® I `1 SOLUTIONS The County of Fresno dynamic, manual and static code analysis. These assessments are performed at least twice annually. H. Implementation Requirement H.1. Transition Timetable. Contractor shall describe the timetable and specific tasks involved to have claims administration services operative by October 1, 2022. Include a detailed implementation plan and business plan or timeline. Be specific with regard to the following: a. Amount of time needed for implementing the new program, with particular emphasis on the implementation and testing of the census file b. Recommended activities/tasks and timing c. Responsibilities of Contractor and County staff d. Transition with current carriers e. Length of time implementation team will be responsible for the County Equifax Response. Built on the 6+ years of direct experience providing the County of Fresno (County) with Unemployment Insurance (UI) cost management services, Equifax is the only provider capable of a truly seamless transition. Our existing, successful integration with the County's Unemployment Insurance Program (UIP) will allow for immediate access and support to perform all the required services in this RFP, and are currently certified, as required in Section H.1 and H.2 of the outlined SOW. Continuing our partnership will eliminate the need to reimplement services and substantially reduce the potential risk the County would face in a service transition. Requirement H.2. Transition of Claims Handling. Contractor's proposed transition of claims in process shall, at a minimum, address: a. Claims that are in a course of resolution. b. Transition of claims information. c. Communication of transition issues to all claimants. Equifax Response. Built on the 6+ years of direct experience providing the County of Fresno (County) with Unemployment Insurance (UI) cost management services, Equifax is the only provider capable of a truly seamless transition. Our existing, successful integration with the County's Unemployment Insurance Program (UIP) will allow for immediate access and support to perform all the required services in this RFP, and are currently certified, as required in Section H.1 and H.2 of the outlined SOW. Continuing our partnership will eliminate the need to reimplement services and substantially reduce the potential risk the County would face in a service transition. Cost Proposal Requirement 1. In the table below, provide the annual flat fee to provide the services described in the Scope of Work, for each year of the contract, based on a three (3) year contract term with two one (1) year renewals. Equifax Response. Please reference the table below for our completed Cost Proposal. Table 3. Proposed Cost Proposal Contract Year 1 2* 3* 4* 5* Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 22 County of Fresno Contract# P-22-603 WMMMM RFP#22-056 Response for SOLUTIONS The County of Fresno Annual Fee $8,732 $8,994 $9,264 $9,542 $9,828 *Please note,the fees specified herein will increase by 3%on each anniversary of the Effective Date. Requirement 2. Please state the number of transactions included in the annual fee noted in #1, above. If there is a limit, please indicate the cost per transaction over the limit. a. Annual Unemployment Claims Processed: b. Annual Hearing Consultations Provided: Equifax Response. The number of annual Unemployment Claims provided in the quoted price is for 500 claims, with an excess claim fee of$15.50 per claim over 500. The number of annual hearing representations provided in the quoted price is for 30 hearing representations, with an excess hearing representation of$225 for each hearing representation exceeding the 30 included. The pricing above includes Wage Audit services. Requirement 3. Are there any other unemployment compensation services, not specifically mentioned in this RFP, which your firm can provide to the County? Explain and provide a separate fee structure for each service. Equifax Response. The number of annual Unemployment Claims provided in the quoted price is for 500 claims, with an excess claim fee of$15.50 per claim over 500. The number of annual hearing representations provided in the quoted price is for 30 hearing representations, with an excess hearing representation of$225 for each hearing representation exceeding the 30 included. The pricing above includes Wage Audit services. Requirement 4. Additional Charges: a. List all possible administrative charges that would not be included in the flat rate fee structure. b. Identify any other charges or limitations not described in the previous responses. Equifax Response. The number of annual Unemployment Claims provided in the quoted price is for 500 claims, with an excess claim fee of$15.50 per claim over 500. The number of annual hearing representations provided in the quoted price is for 30 hearing representations, with an excess hearing representation of$225 for each hearing representation exceeding the 30 included. Requirement 5. Outline any and all performance guarantees and the monetary or other penalties associated with failure to meet such guarantees. Equifax Response. Not applicable. Checklist Please reference the page below for our completed Checklist as required. Confidential and Proprietary Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 23 County of Fresno Contract# P-22-603 Proposal No. 22-056 Page 27 CHECK LIST This Checklist is provided to assist vendors in the preparation of their RFP response. Included are important requirements the bidder is responsible to submit with the RFP package in order to make the RFP compliant. Check off each of the following (if applicable): 1. X Signed cover page of Request for Proposal (RFP). Check htti)://www.FresnoCountyCA.gov/departments/internal-services/purchasinq/bid- 2. X opportunities for any addenda. 3. X Signed cover page of each Addendum. 4. X Provide a Conflict of Interest Statement. Signed Trade Secret Form as provided with this RFP (Trade Secret Information, if provided, 5. X must be electronically submitted in a separate PDF file and marked as Confidential). 6. X Signed Criminal History Disclosure Form as provided with this RFP. 7. X Signed Participation Form as provided with this RFP. 8. X The completed Reference List as provided with this RFP. Indicate all of bidder exceptions to the County's requirements, conditions and specifications 9. X as stated within this RFP. X Bidder's proposal, in PDF format, electronically submitted to the Bid Page on Public 10. Purchase. Return Checklist with your RFP response G:\Public\RFP\FY 2021-22\22-056 Unemployment Insurance Cost Management&Employment Verification Services\22-056 Unemployment Insurance Cost Management&Employment Verification Services.doc County of Fresno Contract# P-22-603 EgUIFAX ° WORKFORCE SOLUTIONS Primary Contact Contact Us Marci Beatty Account Executive - National Accounts +1 614.743.3383 marci.beattv(a)eauifax.com Equifax Workforce Solutions 1550 Peachtree Street NW Atlanta, GA 30309 (404) 885-8000 htti)s://workforce.eauifax.com/ a r, s .r a