MASTER CONTRACT BUSINESSOLVER 1.12.18 BUSINESSOLVER EXECUTED.PDF
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CONTRACT PURSUANT TO RFP
SERIAL 171103-RFP
This Contract is entered into this 17th day of January, 2018 by and between Maricopa County (“County” or “Plan
Sponsor”), a political subdivision of the State of Arizona, and Businessolver.com, Inc., a Delaware corporation
(“Contractor”, “Businessolver” or “Business Associate”) for the purchase of online enrollment and eligibility
administration of employee benefits services. The County offers benefits to its employees and other governmental
employees authorized to participate in such benefits by intergovernmental agreement (collectively referred to as
“Employees”).
1.0 CONTRACT TERM:
1.1 This Contract is for a term of five (5) years and five months, beginning on the 17th day of January,
2018 (the “Effective Date”) and ending the 30th day of June, 2023.
1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this
Contract for additional terms up to a maximum of five (5) additional years, (or at the County’s
sole discretion, extend the Contract on a month-to-month basis for a maximum of six (6) months
after expiration). The County shall notify the Contractor in writing of its intent to extend the
Contract term at least sixty (60) calendar days prior to the expiration of the original contract term,
or any additional term thereafter.
2.0 FEE ADJUSTMENTS:
2.1 Any request for a fee adjustment must be submitted sixty (60) days prior to the current Contract
expiration date. Requests for adjustment in cost of labor and/or materials must be supported by
appropriate documentation. If County agrees to the adjusted fee, County shall issue written
approval of the change. The reasonableness of the request will be determined by comparing the
request with the (Consumer Price Index) or by performing a market survey.
3.0 ACCEPTANCE:
3.1 Go-Live Acceptance
Go-Live Acceptance Testing shall consist of both integrated and stress testing. The Contractor
will perform necessary unit testing to assure successful integrated and stress testing.
Go-Live Acceptance Criteria will be jointly defined and documented as part of the testing plan
development. The testing plan and the Pre Go-Live Acceptance Criteria/requirements will be
based on mutually agreeable terms.
Go-Live, as defined in Section 3.2, will not occur until all Pre Go-Live Acceptance Criteria are
met.
3.2 Pre Go-Live Acceptance
Go-Live shall be defined as the date on which all of the following have occurred: a.) the System,
which includes Benefitsolver and any system integrated with Benefitsolver to make up the
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Benefits Administration Solution (“BAS”), is available and accessible to the County’s end users;
b.) the System has been tested against all Pre Go-Live acceptance criteria and accepted; c.)
Implementation (installation, configuration, documentation and setup) is complete; and d.) the
Maricopa County Department of Employee Benefits and Health (EBH) team training is complete.
Contractor shall provide a Pre Go-Live acceptance test period (the “Break-in Period “) that
commences upon a mutually agreed to date prior to the Go-Live Date. The Break-in Period shall
be for 90 days, unless otherwise mutually agreed by the parties. During the Break-in Period, the
County shall determine whether the System meets the contractual Specifications as agreed upon in
the testing plan. If the County has not given Contractor a written deficiency statement specifying
how the System fails to meet the Specifications (“Deficiency Statement’) within the Break-in
Period, the System shall be deemed accepted. If the County provides a Deficiency Statement
within the Break-in Period, Contractor shall have 30 days to correct the deficiency, and the County
shall have an additional 60 days from the date of the correction, unless otherwise mutually agreed
by the parties, to accept the System (the “Correction Period”).
If the System still does not meet the Specifications at the end of the Correction Period the parties
shall discuss and agree to an additional Corrective Period, and County may exercise its remedies
as set forth under this Agreement.
4.0 PAYMENTS:
4.1 As consideration for performance of the duties described herein, County shall pay Contractor the
sum(s) stated in Exhibit “A.”
4.2 Payment shall be made upon the County’s receipt of a properly completed invoice.
4.3 INVOICES:
4.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before
payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the
invoice must provide the following information:
• Company name, address and contact
• County bill-to name and contact information
• Contract Serial Number
• County purchase order number
• Invoice number and date
• Payment terms
• Date of service or delivery
• Quantity (number of days or weeks)
• Contract Item number(s)
• Description of Purchase (product or services)
• Pricing per unit of purchase
• Extended price
• Arrival and completion time (if applicable)
• Total Amount Due
4.3.2 Problems regarding billing or invoicing shall be directed to Maricopa County Department
of Employee Benefits and Health (EBH) as listed on the Purchase Order.
4.3.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After the Effective Date, the Contractor shall complete the Vendor Registration
Form located on the County Department of Finance Vendor Registration Web Site
(http://www.maricopa.gov/Finance/Vendors.aspx).
4.3.4 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
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required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
4.4 APPLICABLE TAXES:
4.4.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this Contract, the installation labor cost and the gross receipts for
materials provided shall be listed separately on the Contractor’s invoices.
4.4.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all
applicable state and local transaction privilege taxes. To the extent any state and local
transaction privilege taxes apply to sales made under the terms of this Contract, it is the
responsibility of the Contractor to collect and remit all applicable taxes to the proper
taxing jurisdiction of authority. If the County determines that certain Arizona taxes may
be inapplicable to this contract and should be refunded, the Contractor agrees to
cooperate with efforts by the County to: 1) request a refund; and 2) appeal any denial of
a refund.
4.4.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and
local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall require all subcontractors to hold Maricopa County harmless from any
responsibility for taxes, damages and interest, if applicable, contributions required under
Federal, and/or state and local laws and regulations and any other costs including
transaction privilege taxes, unemployment compensation insurance, Social Security and
Worker’s Compensation.
4.5 TAX: (SERVICES)
No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and
all taxes and include the same in its pricing.
4.6 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
4.6.1 The County is a member of the $AVE cooperative purchasing group. $AVE includes the
State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified
school districts. Under the $AVE Cooperative Purchasing Agreement, a member of
$AVE may access a contract resulting from a solicitation issued by the County.
Contractor has agreed to grant access to this Contract.
4.7 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s)
4.7.1 County currently holds ICPA’s with numerous governmental entities throughout the State
of Arizona. These agreements allow those entities, with the approval of the Contractor,
to purchase their requirements under the terms and conditions of the County Contract.
Contractor has agreed to this provision.
5.0 AVAILABILITY OF FUNDS:
5.1 The provisions of this Contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor as herein provided are actually available
to County for disbursement. The County shall be the sole judge and authority in determining the
availability of funds under this Contract. The County shall keep the Contractor fully informed as
to the availability of funds.
5.2 If any action is taken by any state agency, Federal department or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection
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with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Contract. In the event of termination, County shall be liable for payment
only for services rendered prior to the effective date of the termination, provided that such services
are performed in accordance with the provisions of this Contract. County shall give written notice
of the effective date of any suspension, amendment, or termination under this Section, at least ten
(10) days in advance.
6.0 DUTIES:
6.1 The Contractor shall perform all duties stated in Contract and Exhibits, or as otherwise directed in
writing by the Procurement Officer.
6.2 During the Contract term, County may provide Contractor’s personnel with adequate workspace
for consultants and such other related facilities as may be required by Contractor to carry out its
contractual obligations.
7.0 TERMS and CONDITIONS:
7.1 INDEMNIFICATION:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses
are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend
indemnify and hold harmless the County (as Owner), its agents, representatives, officers, directors,
officials, and employees from and against all claims, damages, losses, and expenses (including,
but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees
for appellate proceedings) arising out of, or alleged to have resulted from the negligent acts, errors,
omissions, or mistakes relating to the performance of this Contract.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
agents, officers, directors, officials, and employees shall arise in connection with any claim,
damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to,
impairment of, or destruction of tangible property, including loss of use resulting there from,
caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but
only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any
one directly or indirectly employed by them. Contractor shall be relieved of its obligations under
Section 7.0 if any of the above actions arise out of County’s action, inaction or direction.
The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
7.2 INFRINGEMENT DEFENSE INDEMNIFICATION:
7.2.1 Defense and Indemnity: Contractor shall defend the County against any Claim, as defined
below, and will indemnify and hold harmless the County as provided for in this Section
for any judgments, settlements and court awarded attorney’s fees resulting from a Claim
where the claimant is adjudged the successful party in the Claim. Contractor’s obligations
under this Section are conditioned on the following: (i) County promptly notifies
Contractor of the Claim in writing upon being made aware of the Claim; (ii) County
gives Contractor lead authority and control of the defense and (if applicable) settlement
of the Claim, provided that County’s legal counsel may participate in such defense and
settlement, at County’s expense, and (iii) County provides all information and assistance
reasonably requested by Contractor to handle the defense or settlement of the Claim. For
purposes of this Section, “Claim” means any cause of action in a third party action, suit
or proceeding against County made on or after the Effective Date, alleging that
Contractor’s software, or its upgrades, modifications, or revisions (collectively,
“Software” for this Section) infringes a valid U.S. patent, copyright or trademark.
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7.2.2 Remedial Measures: If Software becomes, or Contractor reasonably believes use of
Software may become, the subject of a Claim, Contractor may, at its own expense and
option: (i) procure for County the right to continue use of the Software; (ii) replace or
modify the Software; or to the extent that neither (i) nor (ii) are deemed commercially
practicable, then (iii) refund to County a pro-rated portion of the applicable fees for
Software based on a linear depreciation monthly over 10 year useful life, in which case
County will cease all use of Software and return it to Contractor.
7.2.2.1 Exceptions: Contractor will have no defense or indemnity obligation for any
Claim based on: (i) modifications by someone other than Contractor; (ii)
modifications by Contractor in accordance with County-provided specifications
or instructions; (iii) use or combination by the County of Software with Third
Party Products, open source or freeware technology; (iv) Third Party Products,
open source or freeware technology; (v) possession or use of Software after
Contractor has informed County of modifications or changes required to avoid
such Claim and offered to implement those modifications or changes at its own
expense, if such Claim would have been avoided by implementation of
Contractor's suggestions and to the extent County did not provide Contractor
with a reasonable opportunity to implement Contractor's suggestions; or (vii)
“Third Party Products” means any products made by a party other than
Contractor or its subcontractors or agents, and may include, without limitation,
products ordered by County from third parties. However, components of
Contractor-branded Products are not Third Party Products if they are both: (i)
embedded in Contractor-branded Products (i.e., not recognizable as standalone
items); and (ii) not identified as separate items on Contractor’s price list,
quotes, order specifications forms or Documentation.
7.2.3 The foregoing states Contractor’s entire liability, and County’s sole and exclusive remedy
except as provided at law or equity, with respect to any infringement or misappropriation
of any intellectual property rights of another party.
7.3 SOFTWARE, DATA AND PROPERTY RIGHTS:
7.3.1 Ownership of Data and Information. All data relating to the employer group
membership will be the exclusive property of County. Notwithstanding the foregoing,
Contractor may use data and information used in or derived from the operation of
County’s enrollment and eligibility website for the purpose of performing the Services.
Contractor may de-identify data relating to the employer group in accordance with the
standards set forth in 45 C.F.R. 164.514(b) and may use or disclose such data unless
prohibited by applicable law.
7.3.2 Software. All software and related documentation now owned or used by
Contractor or developed by Contractor during the course of performing Services under
this Contract is and shall be the sole and exclusive property of Contractor. County shall
not acquire any ownership interest in, or perpetual user rights to, any Contractor software
to which County is provided access. County shall make no use whatsoever of any such
software or documentation after termination of this Contract and shall not disclose any
portion of any such software to any other person.
7.3.3 Intellectual Property. Each party retains all right, title, and interest in its respective
trade secrets, inventions, copyrights and other intellectual property.
7.3.4 Contractor is Not an Editor. Contractor has no responsibility for screening, editing, or
monitoring the data entry to the enrollment website. County shall indemnify, defend and
hold Contractor (and its agents, employees, shareholders and owners) harmless from any
and all liabilities, claims, penalties, damages, suits, and the costs and expenses incident
thereto (including the costs and expenses of defense, settlement and attorneys’ fees)
resulting from any data or information provided by County, County’s representatives or
County’s participants in any plan, via direct data entry, telephone request or import file.
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7.3.5 Legal Advice. Contractor shall not be responsible for providing legal advice to County.
Contractor’s interpretation of applicable laws and regulations shall not constitute legal
advice, nor shall County rely on such interpretation as legal advice.
7.4 CONTRACTOR EMPLOYEE MANAGEMENT:
7.4.1 Under no circumstances is it acceptable for Implementation to be impacted by a
personnel change on the part of the Contractor.
7.4.2 County reserves the right to immediately remove from its premises any Contractor
personnel it determines to be a risk to County personnel or operations.
7.5 INSURANCE:
7.5.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the State
of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of
Arizona licensing, the stipulated insurance may be purchased from a company or
companies, which are authorized to do business in the State of Arizona, provided that
said insurance companies meet the approval of County. The form of any insurance
policies and forms must be acceptable to County.
7.5.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Contract.
7.5.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
7.5.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the County’s right to coverage
afforded under the insurance policies.
7.5.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contractor shall be
solely responsible for the deductible and/or self-insured retention and County, at its
option, may require Contractor to secure payment of such deductibles or self-insured
retentions by a surety bond or an irrevocable and unconditional letter of credit.
7.5.6 The insurance policies required by this Contract, except Workers’ Compensation and
Errors and Omissions, shall name County, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
7.5.7 The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials and employees for any
claims arising out of Contractor’s work or service.
7.5.8 Commercial General Liability.
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for premises liability, bodily injury, broad form
property damage, personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provisions which would serve to limit
third party action over claims. There shall be no endorsement or modifications of the
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CGL limiting the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
7.5.9 Automobile Liability.
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $1,000,000 each occurrence with respect to any of the Contractor’s
owned, hired, and non-owned vehicles assigned to or used in performance of the
Contractor’s work or services or use or maintenance of the Premises under this Contract.
7.5.10 Workers’ Compensation.
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Contractor’s employees engaged in the performance of the
work or services under this Contract; and Employer’s Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000
disease policy limit. Contractor and its subcontractors waive all rights against County and
its agents, officers, directors and employees for recovery of damages to the extent these
damages are covered by the Workers’ Compensation and Employer’s Liability or
commercial umbrella liability insurance obtained by Contractor and its subcontractors
pursuant to this Contract.
7.5.11 Professional Liability.
Contractor shall maintain Professional Liability insurance which will provide coverage
for any and all acts arising out of the work or services performed by the Contractor under
the terms of this Contract, with a limit of not less than $1,000,000 for each claim, and
$3,000,000 aggregate claims.
7.5.12 Technology Errors & Omission Insurance.
Each claim $2,000,000
Annual Aggregate $2,000,000
Such insurance shall cover any, and all errors, omissions, or negligent acts in the delivery
of products, services, and/or licensed programs under this Contract.
Coverage shall include or shall not exclude settlement and/or defense of claims involving
intellectual property, including but not limited to patent or copyright infringement.
In the event that the Tech E&O insurance required by this Contract is written on a claims-
made basis, Contractor warrants that any retroactive date under the policy shall precede
the Effective Date of this Contract and, either continuous coverage will be maintained or
an extended discovery period will be exercised for a period of two (2) years, beginning at
the time work under this Contract is completed.
7.5.13 Network Security (Cyber) and Privacy Liability.
Each Claim $2,000,000
Annual Aggregate $2,000,000
Such insurance shall include, but not be limited to, coverage for third party claims
and losses with respect to network risks (such as data breaches, unauthorized access
or use, ID theft of data) and invasion of privacy regardless of the type of media
involved in the loss of private information, crisis management and identity theft
response costs. This should also include breach notification costs, credit remediation,
and credit monitoring, defense and claims expenses, regulatory defense costs plus
fines and penalties, cyber extortion, computer program and electronic data
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restoration expenses coverage (data asset protection), and network business
interruption.
In the event that the Network Security and Privacy Liability insurance required by
this Contract is written on a claims-made basis, Contractor warrants that any
retroactive date under the policy shall precede the effective date of this Contract and,
either continuous coverage will be maintained, or an extended discovery period will
be exercised for a period of two (2) years beginning at the time work under this
Contract is completed.
Contractor agrees that the County shall be named as an Additional Insured on this
policy throughout the term of this Contract.
7.5.14 Certificates of Insurance.
7.5.14.1 Prior to the Effective Date, Contractor shall furnish the County with valid and
complete certificates of insurance, or formal endorsements as required by the
Contract in the form provided by the County, issued by Contractor’s insurer(s),
as evidence that policies providing the required coverage, conditions and limits
required by this Contract are in full force and effect. Such certificates shall
identify this Contract number and title.
7.5.14.2 In the event any insurance policy (ies) required by this Contract is (are) written
on a “claims made” basis, coverage shall extend for two years past completion
and acceptance of Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
7.5.14.3 If a policy does expire during the life of the Contract, a renewal certificate must
be sent to County fifteen (15) days prior to the expiration date.
7.5.15 Cancellation and Expiration Notice.
Applicable to all insurance policies required within the Insurance Requirements of this
Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be
canceled, or be materially changed for any reason without thirty (30) days prior written
notice to County. Contractor must provide to County, within 2 business days of receipt,
any notice of a policy that has been or will be suspended, canceled, materially changed
for any reason, has expired, or will be expiring. Such notice shall be sent directly to
Maricopa County Office of Procurement Services and shall be mailed or hand delivered
to 320 West Lincoln Street, Phoenix, AZ 85003, or emailed to Procurement Officer noted
in solicitation.
7.6 FORCE MAJEURE:
7.6.1 Neither party shall be liable for failure of performance, nor incur any liability to the other
party, on account of any loss or damage resulting from any delay or failure to perform all
or any part of this Contract if such delay or failure is caused by events, occurrences, or
causes beyond the reasonable control and without negligence of the parties. Such events,
occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake,
storm, hurricane or other natural disaster), war, invasion, act of foreign enemies,
hostilities (whether war is declared or not), civil war, riots, rebellion, revolution,
insurrection, military or usurped power or confiscation, terrorist activities,
nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike,
interruption or failure of electricity or telecommunication service.
7.6.2 Each party, as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use best
efforts to remedy the situation and remove, as soon as practicable, the cause of its
inability to perform or comply.
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7.6.3 The party asserting Force Majeure as a cause for non-performance shall have the burden
of proving that reasonable steps were taken to minimize delay or damages caused by
foreseeable events, that all non-excused obligations were substantially fulfilled, and that
the other party was timely notified of the likelihood or actual occurrence which would
justify such an assertion, so that other prudent precautions could be contemplated.
7.6.4 The County shall reserve the right to terminate this Contract and/or any applicable
purchase order(s) upon non-performance by Contractor. The County shall reserve the
right to extend the Contract and time for performance at its discretion.
7.7 WARRANTY OF SERVICES:
7.7.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the Contract, including all descriptions, specifications and attachments
made a part of this Contract. County’s acceptance of services or goods provided by the
Contractor shall not relieve the Contractor from its obligations under this warranty.
7.7.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt
correction of any services failing to meet the Contractor's warranty herein. Services
corrected by the Contractor shall be subject to all the provisions of this Contract in the
manner and to the same extent as services originally furnished hereunder.
7.8 INSPECTION OF SERVICES:
7.8.1 The Contractor shall provide and maintain an inspection system acceptable to County
covering the services under this Contract. Complete records of all inspection work
performed by the Contractor shall be maintained and made available to County during
contract performance and for as long afterwards as the Contract requires.
7.8.2 County has the right to inspect and test all services called for by the Contract, to the
extent practicable at all times and places during the term of the Contract. County shall
perform inspections and tests in a manner that will not unduly delay the work.
7.8.3 If any of the services do not conform to Contract requirements, County may require the
Contractor to perform the services again in conformity with Contract requirements, at no
cost to the County. When the defects in services cannot be corrected by re-performance,
County may:
7.8.3.1 Require the Contractor to take necessary action to ensure that future
performance conforms to Contract requirements.
7.8.4 If the Contractor fails to promptly perform the services again or to take the necessary
action to ensure future performance in conformity with Contract requirements, County
may terminate the Contract for default.
7.9 Background Check:
Contractor personnel may be required to submit to background checks (Sheriff’s Office, County
Attorney's Office, Courts as well as Maricopa County general government) to determine if
Contractor’s personnel are acceptable for the Contractor to do business with the County. This
applies to (but is not limited to) Contractor and its sub-contractors. Such personnel who fail to
pass these checks shall not be allowed to work on County projects. Failure to meet these
requirements may lead to termination of the Contract.
7.10 Suspension of Work:
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The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or
any part of the work of this Contract for the period of time that the Procurement Officer
determines appropriate for the convenience of the County. No adjustment shall be made under
this clause for any suspension, delay, or interruption to the extent that performance would have
been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of
the Contractor. No request for adjustment under this clause shall be granted unless the claim, in
an amount stated, is asserted in writing as soon as practicable after the termination of the
suspension, delay, or interruption, but not later than the date of final payment under the Contract.
7.11 Stop Work Order:
The Procurement Officer may, at any time, by written order to the Contractor, require the
Contractor to stop all, or any part, of the work called for by this Contract for a period of 90 days
after the order is delivered to the Contractor, and for any further period to which the parties may
agree. The order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms and take all
reasonable steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to
the Contractor, or within any extension of that period to which the parties shall have agreed, the
Procurement Officer shall either—
7.11.1 Cancel the stop-work order; or
7.11.2 Terminate the work covered by the order as provided in the Default, or the Termination
for Convenience of the County, clauses of this Contract.
7.11.3 The Procurement Officer may make an equitable adjustment in the delivery schedule
and/or contract price, or otherwise, and the contract shall be modified, in writing,
accordingly, if the Contractor demonstrates that the stop work order resulted in an
increase in costs to the Contractor.
7.12 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate this Contract for convenience by providing sixty (60) calendar
days advance notice to the Contractor. The Contractor shall be entitled to receive just and
equitable compensation for work in progress, work completed and materials accepted before the
effective date of the termination.
7.13 TERMINATION FOR DEFAULT:
7.13.1 The County may, by written notice of default to the Contractor, terminate this Contract if
the Contractor fails to:
7.13.1.1 Perform the services within the time specified in this Contract or any extension;
7.13.1.2 Make progress, so as to endanger performance of this Contract; or
7.13.1.3 Perform any of the other provisions of this Contract.
7.13.2 The County’s right to terminate this Contract under these subparagraph may be
exercised if the Contractor does not cure such failure within thirty (30) days (or more if
authorized in writing by the County) after receipt of the notice from the Procurement
Officer specifying the failure.
7.14 RETURN OR DESTRUCTION OF DATA UPON TERMINATION OF CONTRACT AND
TRANSITION SERVICES:
7.14.1 Upon termination of this Contract for any reason, and following the conclusion of any
run-out period if applicable, Contractor shall immediately return to the County all County
data and working papers that contain information about the County, its Employees, or its
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Participants in a mutually agreed to industry standard and shall destroy any other than
backup copies that are required to be retained for a period of 8 years following
termination of the Contract. Businessolver must confirm in writing that all such data and
copies, with the exception of backup copies, were returned or destroyed in accordance
with this provision and state the method of destruction used.
7.14.2 Following any type of termination of the Contract, Contractor agrees to provide mutually
agreed to industry standard transition services for the benefit of the Plans at a mutually
agreed to fee, including the continued provision of its services required at the rates set
forth under the Contract, until notified by the County that another provider of services is
able to take over the provision of such services, and in all cases for a time period no
longer than twelve (12) months from notice of termination, and Contractor will cooperate
in accordance with industry standards with the transfer of the Protected Health
Information and other data held by Contractor related to its services under the Contract.
7.15 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or further obligation within three years after execution of the contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County is at any time while the Contract or any extension of the Contract is in effect,
an employee or agent of any other party to the Contract in any capacity or consultant to any other
party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to
A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the Contract on
behalf of the County from any other party to the Contract arising as the result of the Contract.
7.16 CONTRACTOR LICENSE REQUIREMENT:
Contractor shall procure all permits, insurance, licenses and pay the charges and fees
necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental
or non-governmental entities as mandated to maintain compliance with and in good
standing for all permits and/or licenses. Contractor shall keep fully informed of existing
and future trade or industry requirements, Federal, State and Local laws, ordinances, and
regulations which in any manner affect the fulfillment of Contract and shall comply with
the same. Contractor shall immediately notify both Office of Procurement Services and
EBH of any and all changes concerning permits, insurance or licenses.
7.17 CONTRACT ASSIGNMENT:
Neither party may assign or transfer this Contract, in whole nor in part, without the prior
written consent of the non-assigning party, which approval shall not be unreasonably
withheld, provided that either party may assign this Contract to any entity which acquires
or succeeds to all or substantially all of its assets. All correspondence relating to possible
contract assignment must reference the Contract Serial Number.
7.18 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa
County Office of Procurement Services shall be responsible for approving all amendments for the
County.
7.19 ADDITIONS OF SERVICE:
7.19.1 The County reserves the right to add materials and services in a Contract. If additional
materials or services are required from a Contract, prices for such additions will be
negotiated between the Contractor and the County. Any such additions must be approved
consistent with Section 7.17.
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7.19.2 The County reserves the right of final approval on proposed staff for all Task Orders.
Also, upon request by the County, the Contractor will be required to remove any
employees working on County projects and substitute personnel based on the discretion
of the County within two business days, unless previously approved by the County.
7.20 SEVERABILITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of this Contract. The invalid provision shall be severed from the
remainder of the Contract and the remaining provisions shall remain in full force and effect to the
extent practicable.
7.21 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from this Contract without additional
cost or other restriction except as may be established by law or applicable regulation. Each party
shall supply to the other party, upon request, any available information that is relevant to the
Contract and to the performance thereunder.
7.22 NON-DISCRIMINATION:
Contractor agrees to comply with all provisions and requirements of Arizona Executive Order
2009-09 including flow down of all provisions and requirements to any subcontractors. Executive
Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be
viewed and downloaded at the Governor of the State of Arizona’s website
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby
incorporated into this Contract as if set forth in full herein. During the performance of this
Contract, Contractor shall not discriminate against any employee, client or any other individual in
any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.
7.23 ISRAEL BOYCOTT:
By signing this Contract, the Contractor certifies that they are in compliance with Article 9,
Arizona Revised Statutes Section 35-393 et seq.
7.24 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
7.24.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his
or her knowledge and belief, that the Contractor
7.24.1.1 is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
7.24.1.2 has not within a 3-year period preceding this Contract 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 statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
7.24.1.3 are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (2) of this certification; and
7.24.1.4 has not within a 3-year period preceding this Contract had one or more public
transactions (Federal, State or local) terminated for cause of default.
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7.24.2 The Contractor agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for
lower tier covered transactions related to this Contract.
7.25 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
7.25.1 By entering into the Contract, the Contractor warrants compliance with the Immigration
and Nationality Act (INA using e-verify) and all other federal immigration laws and
regulations related to the immigration status of its employees and A.R.S. §23-214(A). The
Contractor shall obtain statements from its subcontractors certifying compliance and shall
furnish the statements to the County Procurement Officer upon request. These warranties
shall remain in effect through the term of the Contract. The Contractor and its
subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as
required by the Immigration Reform and Control Act of 1986, as amended from time to
time, for all employees performing work under the Contract and verify employee
compliance using the E-verify system and shall keep a record of the verification for the
duration of the employee’s employment or at least three years, whichever is longer. I-9
forms are available for download at USCIS.GOV.
7.25.2 The County retains the legal right to inspect Contractor and its subcontractors’ employee
documents performing work under this Contract to verify compliance with paragraph 7.24.1
of this Section. Contractor and its subcontractors shall be given reasonable notice of the
County’s intent to inspect and shall make the documents available at the time and date
specified. Should the County suspect or find that the Contractor or any of its subcontractors
are not in compliance, the County will consider this a material breach of the Contract and
may pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
7.26 INFLUENCE:
As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct
may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
7.26.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type of valuable contribution or
subsidy,
7.26.2 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this Contract.
7.27 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS:
7.27.1 The Parties agree that this Contract and employees working on this Contract will be
subject to the whistleblower rights and remedies in the pilot program on contractor
employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the
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National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section
3.908 of the Federal Acquisition Regulation;
7.27.2 Contractor shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
described in section 3.908 of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by Contractor and copies provided to County
upon request.
7.27.3 Contractor shall insert the substance of this clause in all subcontracts over the simplified
acquisition threshold ($150,000 as of September 2013).
7.28 UNIFORM ADMINISTRATIVE REQUIREMENTS:
By entering into this Contract, the Contractor agrees to comply with all applicable provisions of
Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in
Title 2 C.F.R. § 200 et seq.
7.29 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
7.29.1 In accordance with section MCI 371 of the Maricopa County Procurement Code, the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and
other records and back-up documentation relevant to this Contract for six (6) years after
final payment or until after the resolution of any audit questions which could be more
than six (6) years, whichever is latest. The County, Federal or State auditors and any
other persons duly authorized by the County shall have full access to, and the right to
examine, copy and make use of, any and all said materials.
7.29.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Contractor shall reimburse County
for the services not so adequately supported and documented.
7.30 AUDIT DISALLOWANCES:
If at any time, County determines that a cost for which payment has been made is a disallowed
cost, such as overpayment, County shall notify the Contractor in writing of the disallowance,
County shall also state the proposed means of correction, which may include: an adjustment to
future invoices, request for credit, request for a check or deduction from current billings submitted
by the Contractor by the amount of the disallowance, or reimbursement forthwith of the
disallowed amount by the Contractor by issuing a check payable to Maricopa County. In the event
either party disputes the accuracy of an invoice, the party disputing the invoice shall provide
sufficient detail and description of the disputed items, and the parties agree to work together in
good faith to resolve the disputed invoice item(s).
7.31 PUBLIC RECORDS:
Under Arizona law, all Contracts are public records and must be retained by the Records Manager
at the Office of Procurement Services. Contracts shall be open to public inspection and copying
after the Effective Date, except for such Contracts or sections thereof determined to contain
proprietary or confidential information by the Office of Procurement Services.
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7.32 PRICES:
Contractor agrees that prices extended to County under this Contract are at market rate and are no
higher than those paid by any other customer with similar complexities and requirements for these
or similar services.
7.33 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, proposals, communications, understandings, representations, or agreements,
whether oral or written, express or implied. This Contract is the result of arm’s length
negotiations between the parties and shall be construed to have been drafted by all parties such
that any ambiguities in this Contract shall not be construed against either party
7.34 RELATIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be construed to
create the relationship of employer and employee, co-employee, partnership, principal and agent,
or joint venture between the County and the Contractor.
7.35 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or
lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States
District Court for the District of Arizona, sitting in Phoenix, Arizona
7.36 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
7.36.1 Exhibit A, Pricing and Fees;
7.36.2 Exhibit B, Scope of Work;
7.36.3 Exhibit C, Business Requirements Matrix;
7.36.4 Exhibit D, Roles and Responsibilities;
7.36.5 Exhibit E, COBRA Administration Services;
7.36.6 Exhibit F, Business Associate Agreement;
7.36.7 Exhibit G, Flexible Spending Account (FSA) Administrative Services;
7.36.8 Exhibit H, Service Level Agreement;
7.36.9 Exhibit I, Hosting Agreement;
7.36.10 Exhibit J, Information Security Vendor Product Questionnaire; and
7.36.11 Exhibit K, Office of Procurement Services Contractor Travel and Per Diem Policy
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NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street
Phoenix, Arizona 85003-2494
For Contractor:
Businessolver.com, Inc.
1025 Ashworth Road, Suite 101
West Des Moines, IA 60565
Attn: Danette L. Kennedy
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IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
BUSINESSOLVER.COM, INC., CONTRACTOR
AUTHORIZED SIGNATURE
Jon L. Shanahan, President and CEO
PRINTED NAME AND TITLE
1025 Ashworth Road, Suite 101, West Des Moines, IA 502656
ADDRESS
1/12/2018
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY DATE
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Exhibit A
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NIGP CODE: 91840
RESPONDENT'S
NAME: Businessolver
COUNTY VENDOR NUMBER : VS0000001538
1025 Ashworth Rd. Suite 101 West Des Moines,
ADDRESS: IA 50265
P.O. ADDRESS: PO Box 65336 West Des Moines, IA 50265
TELEPHONE
NUMBER: 888.460.9625
FACSIMILE
NUMBER: 515.273.1441
WEB SITE: www.businessolver.com
CONTACT (REPRESENTATIVE): Stephen Ward, Senior Sales Consultant
REPRESENTATIVE'S E-MAIL
ADDRESS: sward@businessolver.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT [ X] [ ]
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: [ ] [X ]
WILL OFFER REBATE (CASH OR CREDIT) FOR UTILIZING PROCUREMENT CARD: [ ] [ X] %
(Payment shall be made within 48 hours of utilizing the Purchasing Card)
PAYMENT TERMS:
1% 10 DAYS NET 30 DAYS, BILLABLE MONTHLY
1.0 PRICING:
1.1 SERVICE/SOFTWARE PRICE BAS $3.97 Per Employee Per Month
TOTAL $3.97
*See Caveats
1.2 SOFTWARE CUSTOMIZATIONS below
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1.3 THIRD PARTY SOFTWARE FSA $3.95 Per Enrolled Employee Per Month
1.4 TOTAL SYSTEM PRICE $774,558.00
2.0 IMPLEMENTATION SERVICES $59,700.00
2.1 TRAVEL RELATED EXPENSES* Included
2.2 TRAINING PRICE Included
2.3 TOTAL IMPLEMENTATION AND TRAINING SERVICES $834,258.00
3.0 MANAGED SERVICES (SAAS), INCLUDES YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5
SOFTWARE, HOSTING AND SYSTEM ETC.
(24X7X365 ) FULL SUPPORT
$ $
NA 774,558.00 $ 774,558.00 754,398.00 $ 754,398.00
YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10
$ - $ - $ - $ - $ -
Note: Years 4-5 are based on a 3% discount of the core PEPM and will be adjusted to $3.85 (billable monthly).
Note: Years 6-10 are based on the most recent annual fee and will be increased by the lesser of 3% or the Producer Price Index for Software Maintenance, Technical Support,
and other services related to software publishing, BLS series ID PCU511210511210504
4.0 TRAVEL EXPENSES *See Caveats below PERCENTAGE OF SECTION 2.1 TO BE INCLUDED IN THAT FIGURE.
*TRAVEL EXPENSES SHALL COMPLY WITH THE MARICOPA COUNTY CONTRACTORS TRAVEL POLICY (SEE EXHIBIT K)
5.0 HOURLY RATES FOR ADDITIONAL WORK OUTSIDE SCOPE.
5.1 DEVELOPMENT $ 125.00 per hour
5.2 CONFIGURATION $ 75.00 per hour
5.3 TRAINING $ 50.00 per hour
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6.0 OPTIONAL SERVICES
6.1 AUTOMATED MESSAGING
(Including text messaging) $ 0.13 Per Employee Per Month
Ongoing Services - Caveats & Assumptions
The ongoing PEPY includes 10 carrier files, 1 ongoing census import, 1 payroll deduction file and Web Services for Evidence of Insurability through Minnesota Life dba Securian.
Net new file configurations will incur a one-time fee of $1,500 - $3,500 dependent upon complexity.
Net new single sign-on connections will incur a one-time fee of $5,000 - $7,500 dependent upon carrier capability and complexity.
The ongoing PEPY includes enrollment & eligibility, billing & financial reporting, COBRA administration, ACA services and dependent verification.
Evidence of Insurability support assumes and includes Web Services support through . If the voluntary carrier changes, additional fees may apply.
Per Event Assumptions include:
QMCSO Administration - 230 annually (2% assumption based upon medical enrolled population)
Dependent Verification - 2,300 annually (event count provided via RFP)
COBRA IR Notices - 1,800 annually (assumes new hire volume)
COBRA QE Notices -2,000 annually (event count provided via RFP)
COBRA Takeover Notices - 116 (assumes current COBRA population)
COBRA Ongoing Maintenance - 116 (assumes current COBRA population)
The allowable 2% administration fee is collected on COBRA participants and retained by Businessolver
COBRA Overdrafts encountered because of NSF activities shall be charged to the Customer’s banking account.
NSF Fees will be charged back to the participant and are considered non-payment of premium.
If Businessolver COBRA Services are not selected, an interface fee of up to $5,000 may be charged.
Fulfillment outside of the 1095-c forms has not been presented. If additional fulfillment (email or print) is required additional fees will apply based on scope.
Enrollment Kits - $9.50 each (includes benefits guide and up to 3 additional inserts), COBRA OE Kits - $9.50 each (includes up to 3 inserts), standard DV communication is included in our fees;
however optional resubmit letters are $3.00 (print & mail) or $.80 (pdf), HSA paper statements are available for $1.00 per statement (through Discovery Benefits).
All postage is a pass-through cost and not included in estimated totals.
Section 1.3 THIRD PARTY SOFTWARE is Businessolver's quote for FSA and HSA Administration through our preferred partner, Discovery Benefits.
Section 1.2 SOFTWARE CUSTOMIZATIONS will be scoped and priced separately. Further design and discovery would be required by project and any applicable fees will be based upon final project scope.
Section 2.1 TRAVEL RELATED EXPENSES - Businessolver has assumed one onsite visit for requirements gathering and one additional visit for final testing within our implementation fee.
Section 6.1 OPTIONAL SERVICES - Subject to a text max of 100,000 texts annually. Additional texts beyond the max, will incur a pass-through fee of .03 per text.
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EXHIBIT B
SCOPE OF WORK
1.0 INTENT:
This Contract is for an integrated Benefits Administration Solution (BAS).
The BAS will support the County and EBH’s activities for performing the administration of Health and Welfare
Benefits and related benefit programs. The BAS will be hosted and maintained by Businessolver and delivered to EBH
as Software as a Service (SAAS). The BAS shall include hosting, managed services, and ad-hoc professional services
for add-on modules or changes.
The Contract contains the following BAS components:
Benefits Administration for approximately 27,300 members (employees and their dependents}
Annual Open Enrollment (Passive or Active)
Family Status Changes and Event-Based Processing and Workflow
COBRA Administration {Average active enrollments - 116}
ACA services including Federal Healthcare Reform (1095c) (See Exhibit D. Section I. O. and Section II. O. and P.)
Flexible Spending Account Plan {Monthly Average; 170 Limited Scope, 1800 Health, 300 Dependent}
Health Savings Account {Average active enrollments - 2180}
Dependent Verification Services (DVS) {Average annual audits - 2300} (See Exhibit D. Section I. N., and Section
II.K.)
Carrier Enrollment System (CES)
Ad-Hoc Reporting
Carrier Remittance Services
Custom communications and fulfillment
Nondiscrimination testing (See Exhibit G, Section 12.3 et al.)
Qualified Medical Child Support Order (QMCSO) services (See Exhibit D, II. L. QMCSO) Administration)
2.0 SCOPE OF WORK:
2.1 BUSINESS REQUIREMENTS:
Detail on key features & requirements are described in the Business Requirements Matrix (Exhibit C), Roles
and Responsibilities (Exhibit D), COBRA Administration (Exhibit E), and Flexible Spending Account
Administration (Exhibit G).
2.2 BENEFITS ADMINISTRATION:
2.2.1 The BAS provided by Businessolver will support the following browsers, including at least the
current version and the immediately preceding major version of all products:
Microsoft® Internet Explorer: versions 9 or higher
Mozilla Firefox®: version 4 or higher
Apple® Safari: version 5.1 or higher
Google® Chrome™: version 28 or higher
Other web browsers may be utilized, but Businessolver does not actively test and support alternative
browsers at this time.
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In addition, a mobile-optimized layout of Benefitsolver is available for enhanced usability on any
mobile browser.
2.2.2 Businessolver makes every effort to support newly available internet browser versions. When
Businessolver develops new code it will undergo a variety of browser testing scenarios to ensure
functionality works on all supported browsers. .
All touches and changes to the System are time and date stamped with the username of the individual
who initiated the change and the reason a change was made as well as the before and after values to
allow administrators to view what is taking place in the System in real time.
Member record transaction history, member level billing history and system logs for employees and
administrators will be recorded. Logs will be read-only and must be accessible by administrators
within the System. Employee election and demographic information is maintained actively on the
System throughout the duration of the Contract. Logging information is actively maintained for a
period of six months. Physical backups and logical System backups are maintained in storage and
retained for a period of eight years.
This data is viewable throughout the Contract period and can be accessed by viewing specific user
records in Benefitsolver or using the System's reporting tools. Physical backups and logical System
backups are maintained in storage and retained for a period of eight years. All data reverts to the
County at the termination of the Contract.
2.2.3 For purposes of testing and attempts to reproduce production problems, the software should be
capable of being operated with a user-configurable “as-of date” without resetting the underlying
operating System date used by other applications.
Businessolver provides clients with multiple testing environments. If a testing environment needs to
be rolled back to a certain point in time, Businessolver can roll back a test environment, without
impacting the actual production (live) environment.
2.2.4 As a web-based platform, administrators and employees will be able to access Benefitsolver from any
secure internet (HTTPS) connection.
2.2.5 The BAS System (“Benefitsolver”) is a fully integrated, single source system (e.g., no re-keying of an
employee/participant identifier required when retrieving an employee/participant record), and all
services delivered by Businessolver are supported out of this single piece of technology.
For Flexible Spending Account (FSA) and Health Savings Account (HSA), Businessolver partners
with Discovery Benefits, Inc. (“Discovery Benefits”) for the administration of these services due to
advanced integration which allows members to view real-time data from Discovery Benefits directly
in Benefitsolver without leaving the System. The data includes a member’s spending account
information, such as their current balance, annual contribution amount, and recent claims data.
Employees also have the ability to link over to Discovery Benefits via single sign on for filing claims.
2.2.6 Benefitsolver provides a user-friendly, step-by-step process that allows employees to work through
the process effortlessly. Benefitsolver is a rules-based system that will not allow employees to view or
elect anything they are not eligible for or move forward without completing any particular step fully
and properly.
Employee enrollment is broken out into three key phases: About You, Select Your Benefits, and
Review and Confirm.
2.2.7 Benefitsolver’s design limits vertical scrolling, and in some cases frequently used elements are fixed
in place so user does not need to scroll to access.
Fields on a screen will support tabbing from one field to the next with the tab order of the fields
presented in a logical order, including the focus when a screen is first presented to the user.
2.2.8 Benefitsolver’s design best practice and all other WCAG 2.0 A and AA guidelines will be certified by
end of 2017 through an independent accessibility auditing firm.
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The System shall have a consistent style such that users encountering an operation for the first time
should feel that the screen is “familiar” with common options and capabilities available in the same
geographic location on the screen. Specifically the System will use consistent, well-tested, design
patterns and a UI framework that ensures consistency.
2.2.8.1 Benefitsolver’s design philosophy is to strive to match the user’s mental model, by using
language that makes sense to users with little to no benefits knowledge or experience.
2.2.8.2 Benefitsolver was designed to be efficient. The System has automated workflows to ensure
speed of navigation and is designed to limit the information presented on each screen. The
menu systems also have no more than one level of “drill down”. Businessolver has
performed extensive usability testing to ensure that our navigation menus are logical and
efficient.
2.2.8.3 Benefitsolver’s designs and tests to significantly limit the need for users to remember
information from screen to screen or session to session
2.2.9 EBH will be able to control the branding of Benefitsolver and apply a consistent look and feel that
employees are familiar with. Benefitsolver is highly configurable, including ample branding
configuration tools. Benefitsolver's easy-to-use Layout Manager will allow EBH to create, modify,
and update a personalized experience for users. The drag-and-drop configuration will allow EBH to
quickly and easily manage the layout(s) throughout the System. Businessolver will manage and assist
with these configurations.
Within the Layout Manager, EBH can select the color palette for the site, upload a logo, change the
header image, add pages, and select layouts for each page.
Administrators can drag-and-drop widgets to add them to each page including:
To Do widget to break down Annual Enrollment requirements into easy-to-tackle tasks
Enrollment widget for quick access to benefit changes
Communication widget to help employees understand which actions need their attention
Employee reports
Media
Promotional widget to publicize information
Text blocks
Benefit calculators
Real-time news feeds
Tab widget to organize information
Links to documents stored in the Reference Center and other third-party sites
Surveys to collect feedback
Summary of Benefits Coverage widget
Administrators can quickly edit who can see each widget (visibility), edit the widget, and delete the
widget through the Layout Manager.
In addition, the Layout Manager features the Microsite Configurator which allows EBH to
strategically split communications up onto multiple pages in Benefitsolver using simple drag-and-
drop tools.
Benefitsolver’s login page can also be configured to the County’s branding standards, and
communications can be delivered on the login page as desired.
The System's branding and configurability tools described above are included in the core product;
there is no additional fee to brand the System using these configuration tools.
2.2.10 The BAS interfaces and pages must be ADA compliant.
Many accessibility enhancements are currently being made to Benefitsolver. We are working with a
3rd party accessibility firm to ensure full compliance with WCAG 2.0 guidelines A and AA by the
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end of 2017. Businessolver currently provides alternative enrollment solutions through our Service
Center support for users with disabilities.
Benefitsolver is designed and validated to support effective use by users with a wide range of abilities.
2.2.11 Every control (edit box, check box, etc.) will be labeled on web pages in fillable forms for screen
readers. (That is, the user must be able to access all application functionality without a requiring a
mouse.)
2.2.12 Links will be uniquely labeled.
2.2.13 Links to a company intranet, carriers, or other third parties will be placed throughout Benefitsolver for
employee access. Links will be provided on the welcome page, throughout the enrollment process, in
the Reference Center, etc. Multiple links will be provided throughout the employee or administrator
experience, which will link the user to the same web page based on your needs. In addition, EBH will
have multiple vanity URLs that redirect to Benefitsolver.
2.2.14 Link labels will not use the same prefix. (For example: Window-Eyes allows the user to bring up
links, tables, lists, etc., with the press of a few letters). Unnecessary repetitive prefixes will be
avoided.
2.2.15 Any validation done in client-side scripts will be replicated on the server-side (for security and in case
user has client-side scripting disabled.)
JavaScript is currently required for full access to Benefitsolver
2.2.16 Site will use a consistent color scheme.
2.2.17 Form elements will be instantly recognizable and consistently formatted or use default browser
formatting only.
Benefitsolver’s UI framework displays form elements consistently with minimal styling beyond the
browsers default.
2.2.18 Pages within the application will scale attractively and maintain functionality from a mobile browser
size (approximately 320 x 240 pixels) up to a large screen size (> 1600 x 1200 pixels).
Benefitsolver’s member facing pages were built using Responsive Web Design, which means that no
matter how a user accesses Benefitsolver, whether it be from a computer or mobile device, the pages
will scale attractively and maintain functionality.
2.2.19 HTML tags will be used for their semantic purpose. Tags will not be “hacked” or used to do
something for which they are not intended. For example, use the “h” (<h1>, <h2>, etc.) tags for
headings instead of making the font bigger.
Benefitsolver’s UI framework follows web standards and will be coded using the appropriate HTML
elements.
2.2.20 The page will be usable when either the text or the entire page is magnified to 200%.
2.2.21 Page titles, headings, and links will be given meaningful names to be easily discoverable to search
engines. If two different links point to the same page, they will have the same text, and the title of
that page will be (or closely resemble) that text. Pages behind the user log in will not be indexed by
search engines.
2.3 OPEN ENROLLMENT:
Open Enrollment (OE) is a critical component of Benefits Administration that will be considered an annual
project between Businessolver and EBH. Project plan with timeline will be prepared not later than six months
prior to the effective date of the open enrollment period. Resource requirements for planning, testing and
configuration of the open enrollment will be the same as those for Implementation.
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Benefitsolver will support dual-year events by storing current plan year and annual enrollment elections
separately, which allows employees to make changes to their current plan year elections during an OE window.
When an employee logs in to the System during OE, they will see a banner at the top of the page clearly
displaying where to click to begin their open enrollment elections. To make changes to current elections, such
as in the case of a life event, the employee can access their profile and click the “change my benefits” link—
even during an OE window—to select the applicable life event and adjust coverages accordingly in alignment
with EBH's rules.
If the employee has already completed their OE, and they make a change to their current plan elections (such
as in the case of a life event), they will be prompted to update their OE elections as well.
Retroactive benefit terminations or additions will be included in the next scheduled carrier and payroll
interfaces.
If a retroactive payroll change is required, Benefitsolver will calculate missed deductions and retroactive
deductions, based on EBH’s pay schedule(s). Retro adjustments will be taken into consideration based on the
policy provisions and the payroll calendars. Retro deductions will automatically occur, or Businessolver will
manually add an adjustment if needed. This will be tracked by administrators in the Manage Payroll feature of
Benefitsolver.
2.4 CARRIER ENROLLMENT:
2.4.1 Strategy and plan for working errors reported by carriers.
Each file exchange begins with a review of layout requirements and case-specific needs for each of
the County’s carriers. Where possible, Businessolver prefers the use of ANSI 834 5010 layouts using
the HIPAA guidelines as a standard, understanding the importance in supporting each carrier's
interpretation of the 834 layouts.
Once developed in accordance to the carrier's file specifications, all file configurations are loaded to
Benefitsolver and a scheduled run frequency is applied. Each file feed is automatically generated by
Benefitsolver without the need for manual intervention.
Businessolver is responsible for confirming that all file feeds are sent in a timely manner and
managing the error report handling with each of the County’s carriers. Each carrier is responsible for
providing all error/processing reports to the Businessolver Client Centric Team for review.
Businessolver then audits each error/processing report. All discrepancies are recorded directly in the
Export Dashboard for full service transparency to EBH. Both the Client Centric Team and your
administrators may view all information related to your file feeds in real time in the Export
Dashboard. This information includes:
Name of the file processed
File transfer status
Number of records on the file
Number of records on the previous file
Any issues with the file (e.g. was a threshold reached in an increase or decrease on the
number of records on the file?)
Status of the file
Duration of the file to process
Businessolver is responsible for ensuring all files are importing to and exporting from Benefitsolver
appropriately; these files are available to EBH in both the Import and Export Dashboards.
Businessolver reviews inbound and outbound files for any processing errors and data discrepancies.
Businessolver manages the dashboards, not EBH. Businessolver is responsible for monitoring EBH’s
data dashboards, looking for any irregularities, and reporting back to EBH for swift issue resolution.
In addition, Businessolver will assign a System Relationship Manager who is responsible for
maintaining relationships with the County’s carriers and vendors. This provides Businessolver
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familiarity with carrier requirements, as well as the ability to work hand-in-hand with carriers to
resolve any eligibility errors or process ad hoc changes or haste enrollments when necessary.
2.4.2 Provide service level information including standard response and resolution times for addressing
errors reported in carrier interfacing.
Businessolver is responsible for auditing each carrier file. If there are errors that are identified on the
file, Businessolver will work with the carrier to resolve any issues prior to the next scheduled carrier
interface. Carrier interfaces can be daily, weekly, etc. based on EBH’s and your carrier’s desired
frequency of file feeds.
2.5 EVENT BASED PROCESSING AND WORKFLOW:
The following BAS processes are administered within the solution:
Family Status Changes
Employees can utilize Benefitsolver's self-service tools to make their life event changes throughout
the year. Recognized life events and eligibility for those events will be established with EBH during
Implementation; EBH will establish the parameters for each life event type, and Benefitsolver will
automatically prevent changes outside of those rule sets.
For self-service, employees log in to Benefitsolver, click on the “Change My Benefits” option, and
select the applicable life event. The employee will be prompted to enter the date of the event. If this
date is within the eligibility timeframe, the employee can make the applicable election changes.
Depending on the life event type, Benefitsolver will enforce that only the appropriate changes can be
made.
If this date is not within the eligibility timeframe, the exception request will follow the business rules
for appeals set by the County including potential escalation to the County directly.
Life event changes may require dependent verification based on the County’s requirements. These
requirements will be established during Implementation, and Benefitsolver will be configured
accordingly.
Hire/Rehire
Once the eligibility information has been passed into Benefitsolver through the County’s census file
(or entered in manually by an administrator), the newly hired employee is able to log in to
Benefitsolver to complete his or her new hire enrollment. Businessolver will configure effective dates
for each plan and eligibility group in Benefitsolver based upon the County’s requirements during
Implementation or during any effective plan change.
Regarding rehires, a rehire date is a standard field within the employment information section of the
employee profile. When a rehire transaction is processed, this field will automatically update with the
date of rehire. In addition, different rules will be established at the plan level to differentiate benefit
offerings based on both a hire date and a rehire date.
Newly Eligible
When an employee has an eligibility change that affects his or her access to benefits (gains or loses
coverage) based on transfer, leave, part time, promotion, etc., this information is passed over to
Benefitsolver on the employee census (or can be manually marked in Benefitsolver by an
administrator). Benefitsolver would then automatically terminate enrollment in any plans for which
the employee is no longer eligible and notify the employee of other plans if applicable. If the
employee becomes eligible for different plans, the employee will be able to log in to Benefitsolver to
enroll in the newly eligible benefits (or an administrator can enroll the employee on their behalf). This
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is based on the County’s plan requirements that will be set up during Implementation and on the
benefit rules established by EBH. These changes are reflected throughout the System in real-time.
Termination of Benefits
During Implementation, Businessolver will configure the County’s termination rules for each benefit.
The termination rules EBH defines in Benefitsolver will determine the coverage end date that is
passed on to the carrier. Different rules by plan and eligibility group can be configured.
.
2.5.1 Conformity to the interface specifications of the Workflow Management Coalition (WfMC) and use
of Business Process Execution Language (BPEL).
Benefitsolver is built with open network architecture design to promote integration. Integration with
Businessolver is only limited by the carrier/vendor's ability to accept file feeds. Benefitsolver has been
integrated with over 500 carrier, payroll, HRIS, and other platforms.
Businessolver also offers advanced connections including inbound and outbound single sign on (SSO)
and real-time web services integrations. These connections are typically used for enrollment in
products as well as approval for underwriting decisions from carriers.
2.5.2 Businessolver will provide a foundation utilizing imaging and workflow technologies that enable
Maricopa County to facilitate any future re-engineering of business processes. In addition, automated
processes should facilitate the manual and interactive efforts involved in completing business
procedures while providing the capability for staff to communicate, manage and process requests that
satisfy Maricopa County employees.
Businessolver’s single-source platform is built on a single integrated database of all records.
Utilization of a single-source platform for all technology and service delivery simplifies the entire
process for your administrators and employees, as well as service from Businessolver. All services
provided by Businessolver are managed from the same web-based application and database, which
allows the System to automate a significant number of processes that would otherwise require manual
intervention.
Benefitsolver was built with numerous automated workflows to provide an easy-to-use, step-by-step
experience for both administrators and employees. For example, once Benefitsolver receives
information that a member is eligible for benefits, a newly eligible window will open and the member
can log in to and enroll in their benefits. Documentation (such as a COBRA initial rights notice) will
automatically generate, and any fulfillment items will automatically be distributed. Employees will
not be able to view or elect anything they aren't eligible for, or move forward without completing any
particular step fully and properly.
Further, the System has built in workflows to prevent errors, such as plan rules and plan
dependencies. For example, an employee will not be presented with the option to elect an HSA if they
have not elected a HDHP medical plan. As another example, Benefitsolver auto-selects the
appropriate tier based on who the employee has chosen to cover. So, if the employee selects to cover
him/herself plus a child, parent + child coverage would be auto-selected. If the employee covered
him/herself plus a spouse and a dependent, family coverage would be auto-selected (depending on
how the client defines those tiers). If the employee makes an election requiring dependent
verification, the System will automatically prompt the employee to upload or send in the required
documentation. If the employee makes a voluntary election requiring EOI, the Guarantee Issue
amount can be approved, and the employee will be prompted to complete the necessary EOI
information for that amount to be approved. These are just a few ways Benefitsolver provides
automated workflows and streamlines the employee experience.
2.6 AD-HOC REPORTING:
The BAS must have query capability to allow EBH to query live (or replicated) production data for reports and
information without impacting the performance of any BAS real-time transactions or unattended processes.
Benefitsolver will offer ad hoc reporting through Benefitsolver’s Build a Report tool. EBH administrators will
be able to create ad hoc reports at any time, including the ability to add report columns and add multiple
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conditions via the easy-to-use tool. There is no additional cost to use the Build a Report tool; it is a standard
feature of Benefitsolver.
Reports created by the Build a Report tool are saved as Report Profiles for easy ongoing report generation in
the future.
2.7 TECHNICAL CONSIDERATIONS:
2.7.1 A full history transaction must be maintained by Businessolver on all records which means any time
an employee, administrator, or import file touches or changes the employee's information, a history
transaction is logged in that employee's personal record.
On the history results page, all transactions must be listed with the editor (administrator name or
employee name), the reason for change, the input method (manual versus system) and the date/time
stamp.
Each transaction must maintain a complete detail on what values changed and the before and after
values. From the employee’s record, administrators must be able to view past changes, including
viewing what changes have been made and who made the change, along with the reason and the
date/time stamp.
This data must remain viewable for the duration of the Contract and if requested by the County the
current and preceding plan year’s records must be provided. ______
Benefitsolver is updated through regularly scheduled enhancements rather than large System upgrades
or new version releases. Enhancements are made biweekly to the overall platform (approximately 20
times per year). Most biweekly enhancements are typically minor and may not have a direct impact to
EBH.
Major functionality enhancements are much less frequent and typically occur five to eight times per
year. Businessolver’s Client Centric Team will walk EBH through any changes to the System and will
ensure EBH will have the right training and education to utilize new functionality. Businessolver also
provides information on these updates through our biweekly client newsletter (The Wire), Product
Council webinar sessions, and client advocacy platform (Heart to Heart).
These global updates are included at no extra charge.
2.7.2 Establish a regular review period for Management Team, providing reporting on Service Level
Agreements, Roadmap future product enhancements, and address concerns as needed.
The Client Relationship Manager will be EBH’s day-to-day contact at Businessolver. They will have
a recurring weekly call with EBH. During this call, Businessolver’s Client Relationship Manager will
also discuss EBH’s satisfaction level from both a product and service perspective. Businessolver will
also provide an update to EBH on a monthly basis regarding our performance against SLAs.
In addition, EBH will have access to a real-time Company Scorecard within Benefitsolver. The
Company Scorecard analytics provide information on activity that has taken place throughout your
site (transactions, System performance, imports, exports, cases, etc.) and System performance (unique
users, page hits, median page time, mean page time, etc.)).
Businessolver will conduct Product Council webinar sessions prior to each major release of an
enhancement to the System, which allows EBH to view the new functionality live before it is released
to the System. EBH can then discuss the upcoming enhancement(s) with your Client Relationship
Manager and provide feedback during the recurring call.
As a Software as a Service (SaaS) model, Businessolver is responsible for the maintenance of
Benefitsolver and how it interacts with common software solutions.
2.7.3 During Implementation, Businessolver will ensure all tasks remain on target, any risks are identified
and discussed, and communication is open and transparent. This includes an Issues and Resolution
Log that outlines any possible hurdles as well as the viable options (pros/cons/risks); EBH will be
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involved in determining the best options. In addition, during the implementation process,
Businessolver will document all issues through the Actions, Decisions, Questions, Risks (ADQR) log.
This log will capture the actions, decisions, questions, and risks identified between Businessolver and
EBH. This document will be provided to EBH, and will be also available within the Document Center
on Benefitsolver for easy administrator access. During the weekly meeting between Businessolver and
EBH, this log will drive the agenda and discussion.
Post-implementation, Businessolver will continue to document all issues through the ADQR log. This
log will be created during Implementation and maintained and updated throughout the Contract
duration.
2.7.4 Benefitsolver’s built-in Case Manager Tool will provide complete case management and workflow
capabilities. Actions, as well as due date, status and more, can be assigned by EBH. The Case
Manager tool allows complete transparency of all actions/changes to employee records, including
attached documents.
EBH administrators will be able to view the case, the reason, the status, by whom it was created, to
whom it is assigned, the due date, and other relevant information. Cases can be created on an
individual employee’s record or they can be a company case to track company level workflows.
2.7.5 Businessolver is required to test and deliver results with client-specific information prior to applying
fixes, patches, or upgrades whether one-off or as part of regular maintenance.
Businessolver will conduct internal code reviews with each code release. Testing procedures will
include technical specs, test plans, and the following types of tests:
Unit Testing: Tests performed by the programmer or developer to ensure the desired
outcome of changes within Businessolver’s development environment. This testing is
performed during development of the new code.
Manual Functional Testing: Execution of a series of steps to determine whether the actual
outcome consistently and accurately meets the expected outcome. This testing is done by a
member of Businessolver’s QA team. End-user verification may also be done depending on
the change and the impact to Businessolver’s clients.
Automated Functional Testing: Using Selenium 2.0, Businessolver will run automated test
scripts against all proposed enhancements to ensure that Businessolver identifies and
addresses any unintended consequences. The test suite executes core build functionality for
member and administrator functions of the System, as well as transactional import data.
Regression Testing: Before every release, the code is subjected to regression testing that is
unrelated to the specific functional testing for the impacted code. Regression testing consists
of both manual and automation for all methods and functional areas of the core System, as
well as areas related to the push to ensure that the new code does not introduce unexpected
issues in other areas of the System.
User Configuration Testing: If the County requests a change, or if a change is specific to the
County’s account, Businessolver will perform end-user testing.
Businessolver will support EBH with any maintenance or support needs. Benefitsolver is designed to
be easily accommodate changes to populations, rates, plans, configuring welcome page designs,
communications, etc. Many of these changes—such as plan changes, eligibility changes, demographic
data load, off-cycle feeds to carriers, etc.—can be handled almost immediately.
Due to the configurability of Benefitsolver, Businessolver will be able to make many of these
adjustments in real time and no IT resources or custom programming will be required. This level of
configurability means unexpected expenses are very rare.
If required, programming changes can be patched to production during the bi-weekly release
schedule, but can be made on a more expedited schedule if necessary.
2.7.6 Businessolver will provide all upgrades and patches to application software over the course of the
Contract. Documentation and manual updates, as well as letters of transmittal, will always
accompany such patches and upgrades.
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As a Software as a Service (SaaS) model, Businessolver is responsible for the maintenance of
Benefitsolver. Benefitsolver is updated through regularly scheduled enhancements rather than large
System upgrades or new version releases. These global updates are included at no extra charge.
Businessolver will walk EBH through any changes to the System and will ensure EBH has the right
training and education to utilize new functionality at Businessolver’s expense. Businessolver also
provides information on these updates through our biweekly client newsletter (The Wire), Product
Council webinar sessions, and client advocacy platform (Heart to Heart).
2.8 IMPLEMENTATION SERVICES:
Project management shall be a joint effort between Businessolver and the County. Businessolver will provide
a project leadership resource or team to work with the County. A steering committee comprised of
Businessolver and Maricopa County resources will meet at regular intervals to track project progress and
review escalations or scope changes as needed.
Rather than a single point of contact, Businessolver will provide a complete support team, called the Client
Centric Team. This team is carefully selected prior to Implementation and remains the County’s support team
throughout the duration of the contract. This Client Centric Team transitions into ongoing support so that EBH
will not have to reacquaint itself with a new team after Implementation, and will not need to re-explain the
County’s business requirements and needs.
Businessolver’s team will provide at least two main points of contact and additional cross-functional support
team members. Each team member has a defined role, and all roles work together to ensure success.
This is an overview of the primary points of contact:
National ACCOUNT Executive (NAE)
Senior-level relationship manager
Expert in both benefits and Businessolver’s technology, providing strategic
consultation and tactical insights
Mentor, coach, and escalation point for the Client Centric Team
Your Main
Client Relationship Manager (CRM)
Points
Primary contact and day-to-day advocate
of Contact
Leads regularly scheduled call with EBH to discuss needs, identify trends, determine
best practices, relay new System functionality, etc.
Drives continual improvement of the Client Centric Team’s delivery of services
Bridge to additional Client Centric Team resources when needed
Additionally, the following Client Centric Team members provide cross-functional support:
Technical Roles SYSTEM RELATIONSHIP MANAGER (SRM)
System expert
Responsible for maintaining relationships with carriers and vendors
Works with carriers and vendors to troubleshoot and resolve data issues
Provides ongoing best practice guidance for the System build
Performs client-directed configurations, such as ongoing rate, eligibility, and rule changes
ARCHITECT
Designs and inspects the System build during Implementation
Oversees checkpoints to ensure your project goes to plan
Supports the Client Centric Team from a technical perspective
Configures Benefitsolver to meet County/EBH specifications
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OPERATIONS BILLING ANALYST (OBA)
Monitors all imports, exports, and payroll files on a daily basis
Identifies any processing errors, data discrepancies, or exceeded change thresholds and
works directly with your CRM for resolution
ANALYSTS
Technical experts responsible for developing data exchange specifications
Ensure your HRIS and payroll data is mapped correctly to the fields in Benefitsolver
Ensure your carrier data is mapped correctly based on carrier requirements
Leadership VP AND AVP OF CLIENT SERVICES
Drive organization-wide initiatives
Provide process oversight and focus on the overall needs, direction, and strategy of the
team
Responsible for colleague development
Monitor quality metrics and ensure team members are meeting Businessolver’s
commitment to quality.
Additional IMPLEMENTATION PROJECT MANAGER (PM)
Resources Manages effective execution of the implementation project
Plans and schedules project timelines and monitors scheduled tasks
Documents and tracks actions, decisions, questions, and risks throughout the
implementation process
Secures final implementation sign-off, ensuring EBH is satisfied with project completion
ADMINISTRATIVE SERVICES TEAM
Second level of support available for urgent administrative matters
Provides immediate assistance related to employee accounts, file transfers, and other day-
to-day activities
Overall, our Client Centric Team model was designed to ensure that EBH has a strong team that is personally
familiar with its needs throughout the Contract duration.
Businessolver handles a majority of the work during Implementation. EBH’s involvement during
Implementation will be heavily focused on the Define phase, as this is when the requirements documentation
gathering begins through the request of EBH’s Raw Materials.
During Implementation, EBH administrators will meet with Businessolver for one hour per week for a status
meeting. An agenda will be provided by Businessolver prior to each recurring call including topics to be
discussed as well as any additional team members EBH may need to include based on subject matter expertise
(e.g., payroll) for that call. The agenda will vary based on the week of implementation; however, a typical
agenda includes providing an update on carrier export files, addressing any build and System set-up questions,
reviewing the ADQR log (which is used to document Actions, Decisions, Questions, and Risks during all
meetings), and discussing EBH’s satisfaction.
To ensure a successful Implementation, EBH will need a small, HR-focused, business-specific consulting team
Typical roles involved in an Implementation from the client side include:
Benefit Administrator: responds to day-to-day questions on plans, rates, services, etc.
Payroll Analyst: supports setting up payroll deduction codes, payroll frequencies, etc.
Marketing / Communications support
2.8.1 PROJECT MANAGEMENT PROJECT STRUCTURE:
Initiation - Assembly of resources, high level plans, and schedule
Planning - Detailed development of project plan and execution strategy
Execution – Data conversion, application configuration, testing, and training
Controlling – Risk and issues tracking, scope control, and reporting
Closing – Transition to service, lessons learned, documentation updates
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At Businessolver, we approach our implementations in an iterative manner. This means we break the work
down into small, manageable chunks. We gather requirements, build, and test in small segments. At the end of
each segment, we deliver updated configurations for you to validate. The County’s configured System
becomes more detailed over time; with this approach, you will get into your System early and often, reviewing
the build in progress and providing feedback along the way. Further, each implementation project and
individual task within the project are tracked within our project management software to ensure that
implementation tasks remain on-target and no action items slip through the cracks.
The process begins with creating a shell of your site. Your Benefitsolver site will be used as a communication
tool as we work through our implementation tasks, including the collection of raw materials. Next, we begin
requirements gathering. We'll discuss what we have learned about your plan designs, structure, and
demographic information based on our analysis of your raw materials so we can begin development. We will
first build standard functionality into your System shell, so you can see what your site will look like as an
employee. Next, we will configure any unique functionality based on your specifications. We finish up the
build with final updates to the look and feel of the site. After each round of building and internal testing, we
validate with you to make sure your site operates as YOU expect. We finalize the Implementation with a
complete end-to-end test to ensure proper functionality, as well as test connections and final data in preparation
for your Go Live date.
2.8.2 PROJECT REQUIREMENTS:
2.8.2.1 EBH’s historical data and content will be transferred to Businessolver’s BAS in such a
manner that the new System functions and displays as if the data were entered manually
through the new BAS.
The data and conversion methodology utilized by Businessolver during the Implementation
process will ensure a complete and accurate System conversion, uncover discrepancies that
exist between EBH's current payroll and carrier systems and facilitate a clean-up prior to the
initial load of data into the new Benefitsolver System; thus assuring clean data that is in sync
across all systems from inception.
An initial full import file will be developed through a process of merging data from EBH’s
records and EBH vendor/carrier's eligibility files. These files will be compared and
reconciled against the original source, and through this process a full audit of the data is
performed by Businessolver. Any discrepancies are brought to EBH’s attention for review
and signoff and then the data originators (payroll or carrier) are notified of any necessary
adjustments.
Businessolver will manage the data collection and validation for import.
Regarding historical data, current employee demographics and elections, dependent
demographics and elections, and beneficiary designations are the typical data elements
imported during Implementation.
Businessolver will work with EBH to determine what historical information is brought into
Benefitsolver and how this data would be accessed. If additional history is required, this can
typically be supported on a static basis in Benefitsolver.
The County will provide data under the ACA services provision from January 1, 2018
through Go-Live Date for 1095C reporting. Businessolver will store the data accordingly
under the ACA service provisions.
2.8.2.2 The BAS will Support the execution of all processes required in accordance with Federal and
State laws and regulations, and plan documents throughout the duration of the Contract.
2.8.2.3 Shortly after Implementation kick off, Businessolver will create a detailed test plan for
review by EBH and will discuss any modifications that need to be made to the test plan for
EBH’s specific rules.
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Throughout the Implementation process, Businessolver will thoroughly test EBH’s site to
ensure all plans, rules, etc. are set up and operating appropriately. EBH will also have the
ability to take part in client functional testing and review.
To ensure the System operates as EBH expects, Businessolver uses a multiple level QA
testing process. After each round of configuration, three levels of internal testing are
completed. First, your Businessolver SRM conducts a self QA Checklist. The CRM then
validates the test scenarios. Finally, Businessolver hosts a QA Workshop where
Businessolver resources from outside the implementation team verify the same testing
scenarios. This process ensures that by the time testing is turned over to EBH’s team, three
will be a very clean and efficient testing experience.
2.8.2.4 Businessolver will create County-specific manuals and documentation for System users
including employees and administrators in addition to all baseline functionality as requested
by EBH. All such documentation must reflect the as-built status of the BAS; standard
documentation reflecting only the un-customized System will not be accepted.
Businessolver will work with EBH during Implementation to understand EBH’s
documentation needs and to create Maricopa County-specific documentation as required.
In addition, Benefitsolver features a web-based help tool that is available via a link within the
site at all times and from any page within the System. The help tool, called Helpsolver, was
designed with simple step-by-step instructions on System functionality. Helpsolver is
updated on a biweekly basis to keep current with any enhancements made by Businessolver.
Benefitsolver also features step-by-step instructions for navigating set up processes within
Benefitsolver through the AssistMe feature. This feature is a hands-on, educational tool that
guides administrators through key set up processes and highlights helpful resources
throughout Benefitsolver. By providing simple, easy to follow guidance, administrators are
able to know exactly what steps are needed to complete a specific task.
2.8.2.5 Administration and delivery of training for System administrators in application navigation
and the use of screens and windows and the use of the new solution to perform all of their
various job functions, processes, and sub-processes in the new environment.
Businessolver will provide EBH administrators the training, tools, and support they need to
best utilize Benefitsolver both during Implementation and on an ongoing basis at no
additional cost.
During implementation, Businessolver will provide EBH administrators with web-based
Trainingsolver courses. These online training courses will continue to be offered on a
rotating schedule throughout the duration of the Contract so that as new administrators join
EBH, they can access the same training. There is also no limit to the number of training
sessions an administrator can attend, so administrators can attend for refresher training as
well.
Trainingsolver courses are led by a Businessolver System expert who is live and available for
questions. Recorded sessions are also available if an EBH administrator is unable to attend a
scheduled course. Trainingsolver courses include, at a minimum, the following:
Basic Navigation: Learn the basics of navigating Benefitsolver. Topics covered
include an introduction to the administrator homepage, an in-depth overview of the
employee record, and how to use both the Quick Search and Advanced Search
functionality to find employees.
Tools and Resources: Understand how to use the Document Center, Reference
Center, Message Center, and Case Manager to improve both the administrator and
employee experience in Benefitsolver.
Basic Administrator Functions: Take a look at how the employee enrollment
experience occurs from an administrator perspective. Additional topics include how
to manually add an employee and terminate an employee in the System as well as
how to perform password resets.
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Advanced Administrator Functions: Learn about rules within Benefitsolver and the
functionality they drive. This training will include performing various types of life
events such as a birth, marriage, and divorce both from the employee and
administrator view; how to approve pending transactions; and how to use Case
Manager to document changes to the employee record.
Reporting: Discover commonly run reports such as the Employee Census Benefit
(ECB), Employee Dependent Census Benefits (EDCB), and Submitted Changes.
Other topics include how to create report profiles, schedule reports to run in the
future, and recreate a previously run report.
Layout Manager: Understand how to use the powerful Layout Manager tool within
Benefitsolver to configure layouts to personalize your administrator and employee
experience. Learn how to create new layouts and edit existing layouts, review
widgets and understand their functionality, update the color palette, and apply the
Microsite Configurator to your layouts.
Additional training: Other courses are offered to cover specific topics that include
COBRA, billing, payroll, and import/export.
Training on EBH Configurations
During Implementation, Businessolver will work with EBH to ensure EBH fully
understands the functionality of Benefitsolver and that configurations are operating as
EBH expects. Businessolver and EBH will take part in various training processes during
Implementation. (See Exhibit D for additional detail.)
Ongoing Training
As new features are added to Benefitsolver, Businessolver will deliver training to EBH
administrators. Businessolver will also provide EBH with necessary information through
its client newsletter, The Wire, and through Businessolver’s Product Council webinars.
Product Council webinars are conducted on an ongoing basis to share information on
upcoming enhancements and display new functionality before it is released.
EBH can also participate in Businessolver’s client networking community, Heart to
Heart, to build connections with other Benefitsolver clients and have an additional direct
line of communication with Businessolver.
Additional Training
Businessolver offers additional training options that can be customized to meet the needs
of EBH, such as train-the-trainer certification; this can be delivered onsite or via
webinar, depending on EBH’s needs. Customized training plans will be scoped and
priced per project request.
2.8.2.6 Configuration and change management for the BAS:
Benefitsolver is a highly configurable system which requires little to no involvement from a
programming or IT standpoint. EBH administrators and Businessolver are both empowered
with the online tools to quickly make changes to plan set up, rates, reporting capabilities,
new eligibility requirements, upload documents, etc. These changes will be made within one
business day.
Businessolver will manage System configuration on behalf of the County; however, EBH’s
administrators can also be allowed to make these changes within the System.
In managing this on behalf of EBH, your administrators will be the director of any of these
changes. Businessolver will take the requests from EBH and act on them within one business
day. Typically, these changes are simple configurations in the System so they do not require
a lot of time or any extra cost. In the event a configuration request from EBH will require IT
development or customization that is not already available in the BAS, Businessolver will
outline multiple options in a Decision Document along with the risk and any corresponding
fees for the proposed work prior to beginning work on the customized complex
configuration.
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2.8.2.7 Businessolver does not anticipate any software customizations will be required to meet the
business and functionality requirements of EBH as set forth in the Request for Proposals.
If a customization outside of the scope of services is required, a CDR (Client Directed
Request) will be completed and the project will be scoped by Businessolver. In the case of a
customization, user configuration testing would occur and final approval would be required
from EBH.
2.8.2.8 Businessolver is responsible for software support during Implementation and throughout the
Contract.
2.8.2.9 Throughout the Implementation process, the Client Centric Team will be supported by a
Businessolver Project Manager. This individual will collaborate with EBH and its Client
Centric Team to create an accurate project plan, deploy an effective risk management
methodology, and build a customized communication plan for EBH’s Implementation at no
additional cost.
2.8.2.10 Facilitation of Business Process Reengineering (BPR) of EBH’s current business processes
as necessary to increase processing efficiency while taking advantage of the BAS Benefits
Solution’s best/effective practices.
The Businessolver Client Centric Team will provide strategic guidance on best practices
throughout your relationship with Businessolver. They will also provide guidance on how to
increase employee engagement, process efficiencies, etc.
2.8.2.11 The BAS will have web-based, self-service functionality to facilitate ease of access and
enhanced user experience by participants.
Employees will be able to access Benefitsolver 24/7 to enroll in their benefits during their
new hire and OE periods, as well as to make any mid plan-year changes per IRS and EBH
guidelines (acceptable life events can be defined and configured, such as: marriage,
birth/adoption, transfer, spouse gains/losses coverage, etc.) within Benefitsolver. EBH-
defined access rules will determine how the enrollment process works, such as how long the
enrollment window is, whether changes require administrator approval, which product
categories can be changed, etc.
EBH administrators and other County authorized managers can also access Benefitsolver and
utilize the self-service tools, such as accessing employee records, generating System reports
and analytics, viewing import/export and payroll dashboards, based upon the access rules
defined by EBH. Benefitsolver can accommodate more than 50 levels of administrator
access, configured and built to the needs of the County. Businessolver will work with EBH
to define the levels of access for each of the desired roles and will configure the System
accordingly. Changes to these rules may be requested by EBH throughout the life of the
Contract at no additional cost.
2.8.2.12 Integration of imaging, print-on-demand, and workflow management, collectively also
known as Enterprise Content Management or ECM, within the solution – to include both
“tight” workflow (i.e., enabling a transaction / function as part of a defined workflow path),
as well as the ability to perform a transaction / function such as an address change “directly”
(i.e., ‘outside’ of the defined workflow path.
Businessolver will integrate with an ECM tool as requested by EBH; however, EBH also has
the ability to house documents for employees to access on-demand within the System’s
Reference Center. Further, access controls can restrict which employee have access to each
document. Further, workflows can be configured to direct employees to the documents stored
in the Reference Center.
Documents are auto-generated from Businessolver’s single-source platform. Businessolver
has a fulfillment bizhub that allows complete workflow for fulfillment items, and it is fully
integrated with Benefitsolver. From this bizhub, documents are printed, scanned, and saved
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to the employee’s record in Benefitsolver, and mailings are completed (addressed, envelopes
stuffed, etc.) using data from Benefitsolver.
2.8.2.13 Since all enrollment and eligibility data is housed in Benefitsolver, reports are
comprehensive and real-time. The System includes standard, configurable reporting; ad hoc
reporting; and interactive analytical tools that allow EBH administrators to visually monitor
many aspects of System performance and employee interaction. Benefitsolver will include
standard reports as further identified in Exhibit D, and additional reporting options through
the build a report feature.
EBH administrators can access the built-in reporting tool in Benefitsolver and generate
reports on-demand. Benefitsolver’s easy-to-use interface allows administrators to quickly
generate reports without any technical knowledge; administrators simply click the report they
want and the fields they want to include, then either generate the report or save and schedule
the report to be run on a future date.
2.8.3 POST AWARD DELIVERABLES:
2.8.3.1 A detailed project plan and formalized gap analysis for requirements within this Contract
will be provided by Businessolver during the planning phase of Implementation.
2.8.3.2 During Implementation, EBH's actual Benefitsolver site will be the primary tool used to
report on project status and provide updates to the EBH Steering Committee.
Businessolver will also utilize the Benefitsolver platform as the main communication vehicle
during Implementation, including housing important implementation documents in the
Document Center for sharing with EBH and sharing information via the welcome page, such
as the milestones associated with each round of implementation. The parties may also utilize
Benefitsolver's Case Manager to assign cases to EBH and vice versa for completion of
implementation tasks. After Implementation, EBH administrators will continue to utilize
Benefitsolver to access all administrator tools, including employee records, reporting, case
management, import/export/payroll dashboards, etc.
2.8.3.3 EBH will be supported by one Businessolver Client Centric Team from Implementation
through ongoing processing, acquisitions, open enrollment, and any other need. There will be
no transition to an ongoing account administration team, which means no client knowledge is
lost in transition. EBH will be able to contact its Client Centric Team, including its Client
Relationship Manager, for any support during and after Implementation.
2.8.3.4 Businessolver will deliver, prior to the Go-Live Date, an EBH-specific change management
process, including details on how to request configurations to EBH’s Benefitsolver site and
how patches and any custom development requirements can be applied.
2.8.3.5 The Businessolver Project Manager assigned to EBH’s Implementation will be responsible
for keeping the project plan up-to-date and reporting on status throughout the
Implementation process. Businessolver will have ongoing meetings with EBH weekly at a
minimum throughout the duration of the Contract.
2.8.3.6 The Businessolver Project Manager assigned to EBH’s Implementation will work closely
with the EBH project manager to ensure all EBH-specific tasks are incorporated into the
project plan.
2.8.3.7 The Businessolver Project Manager assigned to EBH’s Implementation will work closely
with the EBH project manager to create a risk management plan. Risk identification will
focus on a thorough evaluation of potential failures that may arise in the implementation
schedule, assumptions, requirements gathered, effort estimation, and external environmental
variables (e.g. carrier compliance to deliverable dates), amongst other constraints.
2.8.3.8 EBH’s Client Relationship Manager will be the single point of contact during
Implementation and throughout the duration of the Contract. This resource will leverage the
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appropriate Client Centric Team members and the Project Manager as required to ensure a
successful Implementation and on-going relationship.
2.8.4 TESTING:
Implementation testing of a BAS requires significant Businessolver and County test cycles to ensure
proper configuration and integration into all business areas. Unit Testing and Systems Integration
Testing (SIT) shall be conducted by Businessolver prior to turn-over to the County for User
Acceptance Testing (UAT).
Testing lifecycles for BAS Implementation include:
Unit Testing
SIT
UAT (no configuration changes will occur while EBH is conducting UAT)
Parallel testing, if requested by EBH
2.8.4.1 Unit testing of the application shall be performed and documented by Businessolver.
Samples and results of these tests may be requested by the EBH project team to ensure
thorough testing is performed prior to turn-over to the County.
Throughout the Implementation process, Businessolver will thoroughly test EBH’s site to
ensure all plans, rules, etc. are set up and operating appropriately. EBH will also have the
ability to take part in functional testing and review.
2.8.4.2 During the testing process, Businessolver and EBH will utilize a testing issues log to track
the issue, the environment in which the issue was discovered, the scenario in which the issue
occurred, the status of the issue, Businessolver comments, and EBH comments, the
resolution, the resolution date, and/or any other mitigating actions. Businessolver will discuss
the items on this log each week during its meeting with EBH, and issues will be resolved
prior to UAT.
2.8.4.3 Shortly after Implementation kick off, Businessolver and EBH will walk through the detailed
test plan to ensure Businessolver’s expectations are in alignment with EBH’s expectations.
Businessolver will also discuss any modifications that need to be made to the test plan for
EBH’s specific rules.
2.8.4.4 Businessolver will work with EBH to define a reasonable timeframe for testing, and this will
be clearly outlined in the Implementation project plan.
2.8.4.5 All items identified as issues during the testing phase will be catalogued through the detailed
test plan, and the issue will not be closed unless written permission to do so is provided by
the County.
2.8.4.6 Businessolver will work directly with the County’s payroll vendor, the County, and County’s
carriers to integration test all interfaces and transmissions of data. A separate mirror
environment for SIT may be utilized.
Businessolver will conduct thorough testing during the Implementation process to ensure all
carriers and payroll vendors are receiving correct information. This includes gathering the
required information from the carrier or payroll vendor, configuring Benefitsolver to format
data accordingly, setting up the FTP and transmission details, and sending test files to the
carrier/payroll vendor to confirm a good connection. On an ongoing basis, Businessolver is
responsible for confirming that all file feeds are sent in a timely manner and managing any
errors.
2.8.4.7 Businessolver will provide documented results of SIT including negative and positive testing
results.
2.8.4.8 Businessolver will enable automation and file transmission during UAT and parallel testing.
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2.8.4.9 Businessolver will perform migrations to new environment via move or copy, not
reconfiguration. This is to test the migration process in preparation for Go-Live.
The majority of testing will occur in the Production environment prior to the Go-Live Date.
On an ongoing basis, EBH will have access to two Test environments for testing new
structures, rates, plans, or other configuration changes.
The Test environments are replicated environments from Production. The same access
restrictions and controls are in place within the test environments as with the Production
environment; these environments are refreshed on a nightly basis and a weekly basis to
mirror the data in Production. The County may request a more frequent or less frequent
refresh schedule.
Data in the Test and Development environments is updated through a controlled migration
from Production to Test. Changes made to the Test environments do not automatically flow
into the Production environment. This is an intentional design to ensure that test data and
altered records do not become live in the System. Any changes made in the test environment
can easily be replicated using Benefitsolver's menu-driven pages in the production
environment, and your Client Centric Team is available to assist with these changes.
2.8.4.10 The County is responsible for developing and executing test scripts for UAT and parallel
testing. Businessolver will work with the County to identify gaps in testing plan and
recommend changes where possible based upon EBH’s specifications.
2.8.4.11 Testing variances will be documented, categorized, and assigned impact through a mutually
agreed upon format.
Businessolver will document, categorize, and assign testing variances during Implementation
and throughout the Contract, such as at open enrollment.
2.8.4.12 If significant issues are found in data conversion, additional conversions may be requested by
the EBH project team. Businessolver will work with EBH to scope out the new conversion
requirements.
2.8.4.13 If significant issues are found in UAT testing, a refresh and restore with an additional cycle
of UAT may be requested by EBH and provided by Businessolver.
2.8.4.14 If a testing environment becomes stale due to long testing timeframes, a refresh or restore
may be requested by EBH and will be provided by Businessolver.
2.8.4.15 If parallel one is not successful or material issues are presented, a second parallel may be
requested by EBH and will be provided by Businessolver.
2.8.5 TRAINING:
Training shall be provided for application administration and configuration based on service and
support model. Businessolver will develop a training plan based on County-specific configuration not
general training guides unless they are applicable. Additional information about training is contained
in section 2.8.2.5 above and in Exhibit D to the Contract.
2.8.5.1 A training plan will be jointly established by the project team prior to execution to ensure
resources have the correct training prior to System review and/or testing.
Beyond our standard training, Businessolver offers additional training options which are
customized to meet the needs of our clients at no additional cost. Members of your Client
Centric Team can work with EBH to develop additional training as needed, such as train-the-
trainer certification; this can be delivered onsite or via webinar, depending on EBH’s needs.
2.8.5.2 Businessolver shall work with the County to develop end-user training materials for
employee and participant roles.
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Businessolver will create a branded enrollment instruction flyer at no additional cost for the
County. Businessolver’s fulfillment services will also be utilized to send the flyer out to
eligible participants.
Further, during the Implementation process, EBH will have full visibility to both the
employee and administrator view of the System. If EBH feels that additional employee
training would be beneficial, the Client Centric Team will work with EBH to develop a
personalized solution to meet the County’s needs. Customized training plans will be
scoped and priced per project request.
2.8.5.3 Upon request from EBH, Businessolver will provide recordings, such as pre-recorded
Trainingsolver courses, which could be housed in the County’s LMS for administrators to
access at any time.
2.8.5.4 Training for CRM/ case management solution for issues and call tracking will be provided to
the EBH administration team prior to project closure.
Businessolver will train EBH on the Case Manager in Benefitsolver. Businessolver supports
a number of clients who utilize a co-sourced model (with employee support provided in-
house) and we provide multiple levels of service to ensure these resources receive the
support they need in order to best help your employees.
Upon request EBH team members (and any support representatives) can have full access to
the tools that the Service Center Benefit Specialists access in Benefitsolver, including all
documents, SPDs and benefits communications as well as employee records and the built-in
Case Manager. Businessolver's can also allow the County to move to a fully outsourced
solution should the County wish to outsource this function to Businessolver in the future.
2.8.5.5 Configuration training where applicable for EBH will be performed prior to project closure.
During the Implementation process, Businessolver will work with EBH to ensure you fully
understand the functionality of your Benefitsolver instance and that configurations are
operating as you expect. Businessolver and EBH will take part in various testing processes
during Implementation.
2.8.6 ENVIRONMENT MANAGEMENT:
Below is a list of the environments Businessolver uses when developing, testing, and deploying new code.
DEV: Code is developed in the DEV environment.
QA/QA2: Once complete, the code is then automatically pushed to QA for testing.
STAGE: Code approved by QA is moved to the STAGE environment for regression testing.
PROD: Once the testing has been completed, the code is then automatically pushed to the live production
environment (PROD).
Code that does not pass testing standards will be backed out of QA to Development for further development.
Code will not be pushed to Production until all testing has been completed. In addition, Businessolver has over
8,500 automated test scripts that run against all proposed enhancements to ensure that Businessolver identifies
and addresses any unintended consequences.
Data in the Test and Development environments is updated through a controlled migration from Production to
Test. Changes made to the Test environments do not automatically flow into the Production environment. This
is an intentional design to ensure that test data and altered records do not become live in the System. Any
changes made in the test environment can easily be replicated using Benefitsolver's menu-driven pages in the
production environment.
Regarding documentation, training, and operations procedures, EBH will not be responsible for maintaining
the test environments. As a SaaS provider, Businessolver will manage all of the test environments on behalf of
EBH, including refresh schedules. Additional testing environments with longer refresh timelines will be
provided upon request by EBH at no extra cost.
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Exhibit C
Contractor’s Statement of Compliance with RFP Specifications
RFP: 171103-RFP
1) Contractor shall
indicate compliance or
exception to each
requirement. If
exception, a reason
and an alternative
Core Delivered/ must be provided. 2)
Comply/ Configurable/ Contractor shall
Requirement Section/ Subsection Requirement Description
Exception Custom/ 3rd indicate the feature
Party being provided is a
Standard feature,
requires
Customization, or is
being provided by 3rd
Party equipment or
software.
1 Benefits Administration
Enrollment Summary
– (Core Delivered)At
the end of the
enrollment process, the
employee is presented
with the election
summary screen which
highlights all of the
elections just made by
the employee.
Ability for system to automatically generate and distribute an electronic Core Employees can review
1.0 Comply
benefits confirmation statement based on benefit events Delivered/Custom the summary and go
back to change any
selections if needed.
The Benefit Summary
page is also available
from the employee
landing page for review
any time during the
year; this statement can
be viewed or printed by
the employee at any
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time during the plan
year. Custom
Confirmation
Statements delivered
through fulfillment
(Custom)Businessolver
can create custom
enrollment confirmation
statements based on the
County's needs.
Businessolver will set
up the fulfillment
template, and these
statements will
automatically generate
confirming enrollment
activities, such as new
hire enrollments, annual
enrollments, and life
event changes. All
documents generated
through such fulfillment
services are stored
electronically on the
employee’s online
record in PDF format
and are accessible by
administrators and
employees at any time.
Businessolver can also
print and mail these
statements upon
request.
1.1 Ability to process beneficiary changes Comply Core Delivered
1.2 Ability to process Evidence of Insurability Comply Core Delivered
Ability to handle variations in deductions taken from paychecks (some
deductions are taken from 24 paychecks and others from 26)
1.3 Comply Core Delivered
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Ability to reconcile/validate payroll transactions in line with benefit
elections (including validation of correct amount for correct period)
1.4 Comply Core Delivered
1.5 Ability to restrict benefit changes based on marital/dependent status Comply Core Delivered
Ability to generate plan information and dates of enrollment
1.6 Comply Core Delivered
1.7 Ability to track rates by benefit plan by tier Comply Core Delivered
Ability to compile “self determined premium/fee” amounts due 3rd party
vendors (per agreement(s))) with 3rd party vendor)
1.8 Comply Core Delivered
Ability to maintain and archive employee/dependent benefits selections
as required by the County (qualified status changes, etc.)
1.9 Comply Core Delivered
Ability to process retroactive terminations
1.10 Comply Core Delivered
Ability to define enrollment limitations and verify against potential
1.11 Comply Core Delivered
dependent (maximum age limits or disabled)
Ability to prepare and distribute a dependent enrollment/benefit
1.12 Comply Core Delivered
confirmation statement (electronic and paper based)
1.13 Ability to identify when a dependent is no longer eligible Comply Core Delivered
Ability to notify employee and dependent of benefits expiration
1.14 Comply Core Delivered
electronically
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Ability to enroll a new dependent including default elections if no
1.15 Comply Core Delivered
selection is made
1.16 Ability for system to trigger employee termination processing Comply Core Delivered
1.17 Ability to run a benefits payment cycle to collect participant contributions Comply Core Delivered
Ability to establish part time and full time benefit rates at the plan level
1.18 Comply Core Delivered
on a biweekly basis
Ability to define and allocate plan costs based on location/business
1.19 Comply Core Delivered
segment
1.20 Ability to handle pre-tax benefit deductions Comply Core Delivered
Ability to handle post-tax benefit deductions, imputed income for
employer-sponsored life insurance
1.21 Comply Core Delivered
Ability to track employer portion of benefit liability
1.22 Comply Core Delivered
Ability to calculate imputed income per pay cycle
1.23 Comply Core Delivered
Ability to automatically catch up deductions/adjust deductions based on
increases in deductions or missed deductions (Arrears processing)
1.24 Comply Core Delivered
Ability to administer benefits administration “out of sequence” and “roll
backs”
1.25 Comply Core Delivered
Ability to ensure data accuracy & controls as to eligible and participating
population
1.26 Comply Core Delivered
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Ability for system to trigger termination of coverage
1.27 Comply Core Delivered
Ability to generate a notification to a former employee that COBRA or
direct bill benefits payment is due
1.28 Comply Core Delivered
1.29 Billing & Payment Administration
Ability to validate payment interface and release funds
1.29.4 Comply Core Delivered
Ability to reconcile eligibility and payment information
1.29.5 Comply Core Delivered
Ability to reconcile, recap and regularly report
funded/disbursed amounts
1.29.6 Comply Core Delivered
Ability to collect COBRA and direct bill payments and remit to For the County's active
vendors or the County population,
Businessolver will send
a file to the County's
1.29.7 Comply Core Delivered payroll provider with
the proper deduction
amount. Businessolver
will provide carrier
remittance services.
Ability to record billing and payment tracking
1.29.8 Comply Core Delivered
1.30 Self Service
Ability to request to enroll an eligible dependent via self-service
1.30.1 Comply Core Delivered
Ability to notify employee of dependent enrollment eligibility
electronically
1.30.2 Comply Core Delivered
Ability for employees to request benefits materials via self-
1.30.3 service Comply Core Delivered
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Ability for employees to submit benefits inquiries electronically
(via portal)
1.30.4 Comply Core Delivered
Ability to record dependent enrollment elections electronically
(on-line)
1.30.5 Comply Core Delivered
1.31 QMCSO
Ability to input QMCSO provisions Delivered as part of our
1.31.1 Comply Core Delivered QMCSO administration
services.
Ability to age QMCSO and trigger notification when dependent
is no longer eligible Delivered as part of our
1.31.2 Comply Core Delivered QMCSO administration
services.
Ability to terminate QMCSO benefits upon expiration Delivered as part of our
1.31.3 Comply Core Delivered QMCSO administration
services.
1.32 Nondiscrimination testing
Ability to conduct non-discrimination testing Delivered through
Businessolver's
1.32.1 Comply Third Party
partnership with
Discovery Benefits.
Ability to generate data for non-discrimination testing Delivered through
Businessolver's
1.32.2 Comply Third Party
partnership with
Discovery Benefits.
2 Event Processing
Ability to identify benefit selections (both on the plan
as well as coverage level) based on the County benefit Core
2.0 Comply
matrix (rules-based selections resulting in options Delivered
presented that are consistent with the event reported)
Ability to trigger notifications (electronic and paper
Core
2.1 based) for employee to review and/or change benefits Comply
Delivered
(status changes)
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2.2 Family Status Changes
Ability to identify a new eligible participant
Core
2.2.1 (based on job change - part-time to full-time new hire, Comply
Delivered
rehire, location transfer, etc.)
Ability to request and process a qualified
status change benefits update via self-service with Core
2.2.2 Comply
notification to Benefits Department prior to Delivered
processing.
Ability to proactively identify whether an
employee/dependent has met qualified status change Core
2.2.3 Comply
provisions (e.g. change from part-time to full time, Delivered
student status)
Ability to prompt employees/dependents to Core
2.2.4 Comply
review benefits if they have a qualified status change Delivered
Ability to record employee/dependent
Core
2.2.5 benefits elections electronically (on-line) (includes Comply
Delivered
qualified status changes, etc.)
2.3 New Hire Processing
This would be
supported through
Businessolver's
fulfillment services.
Businessolver
Ability to send a new eligible participant an
2.3.1 Comply Custom supports new hire
enrollment package (electronic)
packets for a number
of clients today;
however, we would
work with you to
customize the
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documentation based
on your needs.
Delivered as part of
Ability to automatically trigger DVS if Core
2.3.2 Comply our dependent
employee adds dependents Delivered
verification services.
Ability to workflow new hire events to Core
2.3.3 Comply
internal teams, vendors, et al Delivered
4 FSA/HSA
Delivered through Businessolver's
4.0 Ability to interface with banks Comply Third Party partnership with Discovery
Benefits.
Delivered through Businessolver's
Ability to administer 3 FSA
4.1 Comply Third Party partnership with Discovery
plans (with July 1 PY)
Benefits.
Ability to administer warying Delivered through Businessolver's
4.2 grace periods and runouts for Comply Third Party partnership with Discovery
each plan Benefits.
Delivered through Businessolver's
4.3 Ability to issue debit cards Comply Third Party partnership with Discovery
Benefits.
Delivered through Businessolver's
partnership with Discovery
Benefits. Discovery Benefits
Ability to produce online or
4.4 Comply Third Party provides monthly statements
paper statements
online for FSA and HSA. HSA
paper statements are available for
$1.00 per statement.
Ability to calculate per pay
4.5 period amounts with annual Comply Core Delivered
limits
Delivered through Businessolver's
Ability to level for leave
4.6 Comply Third Party partnership with Discovery
processing of goal amounts
Benefits.
Ability to process Annual and Delivered through Businessolver's
4.7 Catch-up amounts for two plan Comply Third Party partnership with Discovery
years in one plan calendar year Benefits.
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Ability to adhere to current and
changing IRS regulations for
4.8 plan year July through June Comply Core Delivered
without manual intervention by
EBH
Ability to load, report, and
factor payroll actual
4.9 Comply Core Delivered
information based on paycheck
processing
Ability for employees to access Delivered through Businessolver's
4.10 account information via online Comply Third Party partnership with Discovery
portal Benefits.
Delivered through Businessolver's
Provide a call center for
4.11 Comply Third Party partnership with Discovery
employees
Benefits.
5 Integration
Ability to accept a standard census
flat file on a recurring basis in a
5.0 Comply Core Delivered
format provided by Maricopa
County
Ability to deliver a standard
deduction flat file on a recurring
5.1 Comply Core Delivered
basis in the format provided by
Maricopa County
Ability to accept a standard payroll
5.2 file on a recurring basis in a format Comply Core Delivered
provided by Maricopa County
Ability to handle multiple census
5.3 Comply Core Delivered
files per day/week
Ability to identify and flag/report
5.4 errors or data inconsistencies from Comply Core Delivered
integration
Ability to deliver additional
5.5 deduction files as-need with Comply Core Delivered
specified parameters
Ability to change integration
If additional file feeds are required after
mapping on census file for
5.6 Comply Core Delivered Implementation, a one-time integration fee will
additional fields as business needs
apply.
change
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Ability to change integration
If additional file feeds are required after
mapping on payroll file for
5.7 Comply Core Delivered Implementation, a one-time integration fee will
additional fields as business needs
apply.
change
Ability to notify on late or
5.8 undelivered files within an agreed Comply Core Delivered
upon timetable for each interface
Ability to interface with employee
5.9 and organizational data Comply Core Delivered
administration
Ability to process warning and
5.10 error transactions based on client Comply Core Delivered
requirements
Ability to identify and clear data
errors identified by 3rd party
5.11 Comply Core Delivered
vendors in conjunction with
processing file feeds from HR BPO
Ability to interface billing and If additional file feeds are required after
5.12 payment tracking with Comply Core Delivered Implementation, a one-time integration fee will
finance/payroll systems apply.
6 System Access and Security
The System is web-based. Active
Directory is not designed for use
across the Internet. Businessolver
Ability to integrate with Microsoft
6.0 Comply Core Delivered recommends the use of a single sign
Active Directory
on connection to allow the County's
users to use internal credentials to
connect to the System.
Ability to restrict access based on
6.1 Comply Core Delivered
Roles
Ability to restrict access based on
6.2 Comply Core Delivered
Operator
Businessolver will provide a single
Ability to interface with ADP
6.3 Comply Core Delivered sign on connection with ADP portal.
Portal
A one-time integration fee applies.
Ability to track all changes by a
6.4 specific operator for a given time Comply Core Delivered
period
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Ability to audit - track changes at a
6.5 specific employee or participant Comply Core Delivered
record
Ability to revoke or disable access
6.6 to the system immediately, upon Comply Core Delivered
notification
6.7 Ability to log inquiries Comply Core Delivered
Ability to interface with billing and
6.8 Comply Core Delivered
eligibility reports for vendors
Ability to record issue resolution on
6.9 Comply Core Delivered
tracking system
Ability for client to view issues on
6.10 Comply Core Delivered
Vendor’s tracking system
Ability to provide an Audit trail
6.11 required for all data adds, changes Comply Core Delivered
and deletes.
7 Carrier Enrollment
Ability to collect payments and Delivered as part of our carrier
7.0 Comply Core Delivered
remit to vendors or the County remittance service.
Ability to execute, address and
resolve full file compare data
7.1 reconciliations with 3rd party Comply Core Delivered
vendors within a prescribed
timeframe
Ability to provide data interface of
benefits selections and deductions
7.2 Comply Core Delivered
to vendors (i.e. newly eligible and
ongoing enrollment)
Ability to process full files and
7.3 Comply Core Delivered
changes only files
Ability to adhere and adapt to
7.4 vendor file changes and Comply Core Delivered
specifications without cost to EBH
Deliver FTP sites and security for
7.5 Comply Core Delivered
file management
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Ability to check for dual coverage
7.6 (same dependent covered under two Comply Core Delivered
employees)
Ability to process haste enrollments
7.7 Comply Core Delivered
to carriers within 24 hours
Ability to work and resolve
7.8 integration errors with carriers Comply Core Delivered
within 48 hours
Ability to produce files in standard
7.9 834 file layouts with special vendor Comply Core Delivered
considerations where applicable
Ability to produce files in a non-
7.10 standard format for vendors not Comply Core Delivered
adhereing to 834 standards
8 COBRA Administration
Ability to automatically generate Delivered as part of our COBRA
8.0 Comply Core Delivered
COBRA notice upon termination administration services.
Ability to send notification to Delivered as part of our COBRA
8.1 Comply Core Delivered
employees via mail administration services.
Delivered as part of our COBRA
administration services. A trust account,
which receives all funds, is established in
Ability to track an administration
8.2 Comply Core Delivered Maricopa County’s name. At reconciliation,
fee - 2%
the 2% admin fee is transferred to
Businessolver, and the remaining dollars are
transferred to the County.
Ability to apply a subsidy for an Delivered as part of our COBRA
8.3 Comply Core Delivered
employee administration services.
Ability to handle electronic Delivered as part of our COBRA
8.4 Comply Core Delivered
payments administration services.
Delivered as part of our COBRA
8.5 Ability to process paper billing Comply Core Delivered
administration services.
Ability to load subsidies based on Delivered as part of our COBRA
8.6 Comply Core Delivered
an EBH suppplied file administration services.
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Ability to adhere to current and
Delivered as part of our COBRA
8.7 changing COBRA laws without Comply Core Delivered
administration services.
manual intervention by EBH
Ability to administer first level Delivered as part of our COBRA
8.8 Comply Core Delivered
appeals administration services.
Delivered as part of our COBRA
8.9 Provide a call center for employees Comply Core Delivered
administration services.
9 Federal healthcare reform (1095c)
9.0 Implement 1095c according to law Comply Core Delivered Delivered as part of our ACA services.
Retrieve and store hours worked
9.1 information from HRIS for tracking Comply Core Delivered Delivered as part of our ACA services.
and reporting
Ability to produce 6055 and 6056
9.2 Comply Core Delivered Delivered as part of our ACA services.
Reporting
Hours Tracking Administration
9.3 Comply Core Delivered Delivered as part of our ACA services.
4980h(a)
6055 and 6056 Fullfillment and
9.4 Comply Core Delivered Delivered as part of our ACA services.
Distribution
10 Dependent Verification Services
Ability to verify individual is/was a
Delivered as part of our dependent
10.0 qualified beneficiary enrolled for Comply Core Delivered
verification services.
benefits
Ability for the system to
10.1 automatically determine when a new Comply Core Delivered
dependent has been added
Ability to Audit eligibility for Delivered as part of our dependent
10.2 Comply Core Delivered
coverage verification services.
Ability to trigger verifications based
10.3 Comply Core Delivered
on event type/rules
Ability to automatically generate Delivered as part of our dependent
10.4 Comply Core Delivered
letter to employee verification services.
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Ability for administration staff to
10.5 Comply Core Delivered
review status and results via portal
Ability for employee to review
10.6 Comply Core Delivered
status and results via portal
Ability for employee to upload
10.7 Comply Core Delivered
documents
Ability to determine and audit newly
Delivered as part of our dependent
10.8 added dependents during open Comply Core Delivered
verification services.
enrollment
Ability to drop dependents within 7 Delivered as part of our dependent
10.9 Comply Core Delivered
days of audit failure verification services.
Ability to notify carriers within 7
10.10 Comply Core Delivered
days of audit failure
Delivered as part of our dependent
10.11 Provide a call center for employees Comply Core Delivered
verification services.
Ability to send a notice to employee Delivered as part of our dependent
10.12 Comply Core Delivered
within 7 days of audit failure verification services.
11 Open Enrollment
Ability to restrict benefits changes
11.0 once open enrollment period is Comply Core Delivered
closed
Ability to create/input benefit
selections defaults if no action is
11.1 Comply Core Delivered
taken during the enrollment period
(including "opt out")
Ability to trigger notifications to
employee/dependent to review
11.2 Comply Core Delivered
and/or change benefits during open
enrollment
Ability to track
employees/dependents who
11.3 Comply Core Delivered
have/have not enrolled during open
enrollment period
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Ability to receive electronic
11.4 employee/dependent data file for Comply Core Delivered
Annual Open Enrollment
Ability to support open enrollment
processing by pre-loading future
11.5 year's benefit options, elections, and Comply Core Delivered
costs (employee/dependent and
employer)
Ability to document current and
11.6 Comply Core Delivered
historic plan and cost changes
Ability to track historical changes to
11.7 benefit plans, programs/groupings, Comply Core Delivered
and rates
Ability to determine
employee/dependent benefits
eligibility based on
11.8 Comply Core Delivered
employee/dependent data (employee
type, hours worked, location,
country, state, zip code, etc.)
Communications delivered through the
Ability to send personalized annual platform would be core delivered.
enrollment information to eligible Additional communications delivered
11.9 Comply Core Delivered/Custom
employees/dependents through Benefitsolver's fulfillment services
(electronically and paper-based) (electronic or hard copy) would be custom
based on the County's needs.
Ability to match coverage level for
subscriber with number of
11.10 Comply Core Delivered
dependents enrolled in a particular
plan
Ability to end date “old” deductions
11.11 and generate new payroll deduction Comply Core Delivered
file
Ability to manage parallel
11.12 processing (current Plan Year events Comply Core Delivered
and new Plan Year events)
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Ability to facilitate a COBRA Open Delivered as part of our COBRA
11.13 Comply Core Delivered
Enrollment administration services.
Ability to handle retroactive activity
11.14 and changes once the new Plan Year Comply Core Delivered
starts
Ability to prepare Open Enrollment
files for new and existing carriers,
and manage “Changes Only” files
11.15 Comply Core Delivered
during the period after Open
Enrollment but before the new Plan
Year start date
Ability to maintain and archive
11.16 employee/dependent benefits Comply Core Delivered
selections for multiple years
Ability to track and report historical
11.17 Comply Core Delivered
employee/dependent enrollments
12 Training and Help
Help contains steps on how to
12.0 Comply Core Delivered
upload documents
Help allows users to step through
12.1 forms and pages with step by step Comply Core Delivered
instructions
Help includes definitions and terms
12.2 Comply Core Delivered
library
Online training or Help is built into
12.3 the system for one the spot end user Comply Core Delivered
assistance
13 Reporting, Statistical Reporting, and Querying
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The vendor must provide an approach
and details regarding ad-hoc query
capabilities for business staff. This
query capability must be built into
the BAS solution and allow business
staff to query live (or replicated)
production data for reports and
13.0 information without impacting the Comply Core Delivered
performance of any BAS solution
real-time transactions or unattended
processes
Employee Census, Employee Census Benefit,
Dependent Census Benefit, Submitted Changes,
Address Change, Employee Directory, New Hire,
Employe Termination, COBRA Qualifying
Offers predefined reports ( provide a
13.1 Comply Core Delivered Events Report, Payroll Deduction Audit, Payroll
list predefined reports)
Deduction Changes, Equal Employment
Opportunity (EEO-1), Evidence of Insurability,
Minimum Student Age, Open Enrollment Status,
and more than 25 additonal standard reports.
Uses permission levels with different
kinds of access to reports and
13.2 Comply Core Delivered
reporting tool(s), including "run-
only" role(s)
Ability to customize/configure
13.3 Comply Core Delivered
existing reports
EBH can export data from the System's reporting
tools at any time. Businessolver will deliver teh
County's data in a relational database via XML or
Delivers additional internal/external
through the SQLite database tool. The XML
13.4 reporting tools such as Crystal Comply Core Delivered
database can be provided at any time, and the
Reports
SQLite database will be made available once a
month in conjunction with the carrier billing
cycle.
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Ability to print reports with
13.5 Comply Core Delivered
appropriate options
Can adjust the layout and formatting
13.6 Comply Core Delivered
of reports
Required Reporting capabilities
13.7
including:
13.8 Notification email history Comply Core Delivered
Ability to provide activity as well as
13.9 location specific reports based on hits Comply Core Delivered
on the HR portal
Ability to generate detailed reports
13.10 for auditing, claims reviews, Comply Core Delivered
compliance testing, etc.
Businessolver has a number of system reports for
COBRA and direct bill status that will display
Ability to generate reports on actual
13.12 Comply Core Delivered who is paid through, who has an outstanding
versus projected payments
balance, etc. This information could be used to
calculate actual versus projected payments.
Ability to generate reports on average
13.13 month payments versus YTD average Comply Core Delivered
monthly payments
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Exhibit D
ROLES AND RESPONSIBILITIES
I. Implementation Service Parameters
A. Implementation Service Timeline Requirements
Responsibilities of Businessolver:
A project plan for implementation services will be established based on an anticipated Go-Live date for enrollment and
eligibility services.
This project plan is calculated from the initial planning meeting to the System Go-Live date and will include key
milestones to ensure the implementation is completed timely.
Additional time may be required if environment specifications and requirements are not fully disclosed during
the creation of the project plan.
Any changes to the project plan as a result of unanticipated or undisclosed information may result in an impact
on the anticipated Go-Live date, which is July 1, 2018.
Responsibilities of Maricopa County:
Provide Businessolver with all necessary plan information based on the milestones defined in the Implementation Project
Plan. Delays in receiving this information may result in a delay to Go-Live date.
Provide Businessolver with the following plan information two (2) weeks prior to the kick-off call:
Benefit guides / booklets
Carrier contacts
New hire kit
Benefit summaries
Eligibility guidelines / termination rules
SPD’s for all benefits
Copies of current carrier bills
Rate worksheet
Logo & pantone colors
Full data extract from HRIS / payroll system
Perform the following based on the established milestones in Implementation Project Plan:
Approve final company structure group worksheet
Provide Businessolver with source data for System pre-population
B. Data Clean-up; Data Mapping; Data Import
Implementation import involves taking data from identified sources, cleansing it, and preparing it for import into the
Businessolver System. Data shall be provided in a format acceptable to Businessolver. Businessolver will work with the
County to resolve any discrepancies found during the process.
Responsibilities of Businessolver:
Establish a timeline to import final data files.
The standard process is five (5) business days before the Go-Live date. The County will provide Businessolver
with all final data that will be used to populate employee records in the System. This may vary based on the
population of employee data and complexity of the System setup.
Business system analysts will meet with the County’s payroll/HRIS and benefits department representatives to establish
internal procedures for transmitting demographic data between the County and Businessolver.
Provide final data formatting for System pre-population – match fields (import-system-export).
Review import data after the data consolidation process.
Prepare County data for the import process.
Prepare the import configuration used to import County data into the Businessolver System and develop a data scorecard
to identify discrepancies.
Test/verify import of data into the System against County-provided data.
Technical staff will provide data reconciliation services for up to three (3) data sources.
Responsibilities of Maricopa County:
Complete the implementation data checklist, which sets forth the data required for import.
Provide import source data to Businessolver in a file format acceptable to Businessolver.
Provide historical data to the extent it is required for Businessolver to perform a service.
Correct/update all missing or defaulted data.
Review and resolve errors reported by Businessolver in relation to the import file. Error reports will be generated after
each test import is processed and when final data is imported into production.
C. System Set-up
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Responsibilities of Businessolver:
Provide the County with worksheets to identify structure set-up and to finalize the County structure worksheet.
Set up the first draft of structure information based on what is provided in the benefits information, initial data, and the
carrier account structure information.
Build plan structures, plan information, plan eligibility rules, and plan pricing tables. The following shall apply to the
aforementioned development:
Businessolver will support up to one hundred (100) structure groups.
Businessolver will support bundled plan offerings as necessary.
Businessolver will support twenty 20 different plan type offerings.
Configure the Businessolver System to reflect the County’s :
Eligibility criteria
Waiting periods
Credit formulas
Health and welfare benefit plans
Employee contributions
Carrier premiums (when applicable)
Responsibilities of Maricopa County:
Attend conference calls and other meetings mutually agreed to by Businessolver and the County during the
implementation period.
Businessolver will work with the County to determine the following benefits information regarding plans:
Eligibility for specific benefit plans/options
Waiting period and/or coverage begin/end dates
Ability to provide enough information on initial and ongoing data to determine structure
Payroll system breakouts and different company ‘locations’
Employee cost/premiums
Coverage tiers
Billing and/or reporting needs
Carrier account structure and file needs
Provide account structure information for each carrier/vendor, along with sample bills, all of which must be received
before any building can occur within the System.
Provide final approval for System set-up, which includes plan information, company structure, plan eligibility rules, plan
pricing, employee access events, employee access rights, and administrator access.
D. Businessolver Plan Type Support
Responsibilities of Businessolver:
The Businessolver System will support the following core plan types for the County:
Medical
Prescription
Behavioral Health
Dental
Vision
Basic Life
Basic AD&D
Supplemental Life
Supplemental AD&D
Short Term Disability
Health Savings Account
Flexible Spending Account
DC Flexible Spending Account
Employee Assistance Program
Group Legal
Wellness
Health Savings Accounts (transmissions to bank)
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E. Administrator Access
Responsibilities of Businessolver:
Establish up to ten (10) administrator accounts and five (5) read only administrator accounts for the County.
Together, Businessolver and the County will create an administrator access spreadsheet, which will detail who has access
to the System and the requested level of access.
The worksheet will define authorized user access to the following functions:
Benefits approval
Billing invoice center
COBRA admin-read (if applicable)
COBRA payment admin-read (if applicable)
Document center-read & read/write
Add employee
Employee edit compensation-read & read/write
Employee edit personal, employment, dependent, elections, and beneficiary information-read & read/write
Export log-read
Generate reports-custom/logs/payroll/standard
Layout manager
Member documents-read
Plan info-read
Reference center-admin & read
Transmit file
F. Employee Self-Service Functionality
Responsibilities of Businessolver:
Set up the employee self-service functionality to support the following types of functions:
Initial employee enrollment
Annual/open enrollment
Life event and employee maintenance changes
Post-tax life insurance enrollment changes and beneficiary updates
Dependent verification documentation submission
Provide first time user functionality that allows employees to establish their own unique sign-on and password. The
County will be able to reset employee passwords whenever necessary.
As part of the set-up process, the County will be responsible for providing Businessolver with a desired sign-on disclaimer
statement, open enrollment message, initial enrollment message, and life event change messages. If the language for this
set-up is not supplied by the County four (4) weeks prior to the Go-Live date, Businessolver staff will utilize standard
system language.
Set up the System to allow for beneficiary information collection in the employee self-service module. Beneficiary
functionality will be limited to:
Standard beneficiary designation
Edits to ensure that allocations total one-hundred percent (100%)
Primary and contingent beneficiary assignment
Beneficiary updates
Set up the System to inform employees of elections requiring evidence of insurability. The System will instruct
employees to print required forms from the reference center, if applicable. The Businessolver System will provide
evidence of insurability reports as required.
G. Email Notification Functionality
Responsibilities of Businessolver:
Configure the Businessolver System to provide basic automatic email notification services.
Configure the Businessolver System to generate a basic non-custom notification to employees for the following events:
Open enrollment election approval/disapproval
Initial enrollment election approval/disapproval
Life event change approval/disapproval
Beneficiary updates
Dependent verification notices
The System-generated message will instruct employees to login to the secure message center at Businessolver for
specific/confidential information.
Email services will only be provided when the County provides email import data for population into Businessolver.
H. System Training
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Responsibilities of Businessolver:
Provide administrators with access to online help ("Helpsolver") from the Benefitsolver System. County may print hard
copies of help documents from Helpsolver.
Provide a series of best practice training session and elective training sessions based on services provided to County.
All training sessions will take place via web conference call on the Trainingsolver system.
During implementation, County may select from the following training modules based on the services County purchased:
Navigation
Administration functions
Tools & resources
Advanced administration functions
Reports
Layout manager
Exports
COBRA
Billing
Payroll
Once training begins, one training module will be provided each week and will take approximately one hour to complete
(over approximately ten weeks). Modules may be combined if time constraints arise.
Ongoing web based training sessions are provided weekly and available to County upon registration.
I. Reference Center / Benefits Library
Responsibilities of Businessolver:
Set up the reference center functionality for the County and train the County on its use.
Reference center functionality shall include the ability to upload documents, links, forms, PowerPoint
presentations, etc. for presentation to employees and/or administrators.
J. Data Export – Vendors
Responsibilities of Businessolver:
Review export requirements for up to twelve (12) carrier/vendor export files associated with the County’s plans.
If desired or required by the vendors, Businessolver will provide export files in the HIPAA 834 or carrier proprietary file
format for up to twelve (12) carrier/vendor export files. If any carrier requests files be sent in a proprietary format, this
will be discussed and additional fees may apply.
Review and accommodate carrier file formats, data, and transmission requirements.
Review test file results with all carriers/vendors and make adjustments as necessary as well as manage the ongoing error
reporting and resolution of errors
Test data transaction sets with carriers/vendors, which shall include the following:
New hire test
Data change test
Employee termination test
Annual enrollment test
Review all data transmissions with the County beginning data exports within the production environment.
Review all initial error reports from test files and make adjustments as necessary.
Manage the ongoing error reporting process and resolve errors within Businessolver System and Businessolver’s control
related to the carriers/vendors.
Review vendor error reports ongoing and resolve errors within Businessolver System and Businessolver’s control.
Together, Businessolver and the County will begin data export transitions on a mutually agreed upon date.
Responsibilities of Maricopa County:
Assist as needed in the resolution of data issues reported by carriers.
Provide Businessolver with carrier account structure, which must be received before Businessolver can begin building the
System or setting up plans.
K. Payroll Deduction Files
Responsibilities of Businessolver:
Integrate with the following payroll system:
Payroll system – ADP
Provide a custom payroll file, at client-specified pay cycles, based on the payroll import specifications agreed upon during
the payroll module setup and testing process.
Responsibilities of Maricopa County:
Provide a file specification document.
Provide information regarding the following:
Payroll frequency options
Entering deductions into payroll system (manual/import file)
Employee payment schedules
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Payroll schedules
Exclusion of certain employees from sending deduction information across on payroll file
Benefits that Businessolver should not pass a payroll deduction for
Any changes to the payroll setup will be performed only at the request of the County.
Review and approve the payroll system setup to ensure the accuracy of payroll reporting.
Resolve data discrepancies highlighted in error reports.
Work closely with Businessolver to assist in the creation of electronic interfaces necessary for appropriate deductions
associated with each employee’s elections.
Provide an actual payroll deduction file per payroll cycle (responsibility of the payroll vendor and/or the County).
L. Billing & Financial Reporting
Responsibilities of Businessolver:
Create a premium billing system, which will run twelve (12) times per year, with reports and extracts for complete
calendar months.*
Create and verify summary and detail reports.
Responsibilities of Maricopa County:
Provide information regarding the following:
Current carriers for Self-billing
Business organization
COBRA participant reports (if applicable)
Current billing/payment schedules and rules
Location payment tracking
*Businessolver has no fiduciary responsibility for payment owed to vendor. The County is responsible for remitting all
vendor/carrier payments.
M. Fulfillment Services
Responsibilities of Businessolver:
Set up custom document development and fulfillment in the Businessolver System.
A final list of fulfillment documents will be determined during the implementation process.
N. Dependent Verification Services
Responsibilities of Businessolver:
Identify the timeline for the audit with County.
Identify parameters of the audit with County.
Standard: To include dependents on active medical, dental, or vision coverage.
Standard: To have members fax, upload to the site, or mail requirements to Businessolver.
Standard: Required information must be submitted no later than 15 days from the transaction being processed.
Review audit guidelines, define process, determine eligibility requirements, and identify parameters of acceptable
evidence of dependent eligibility.
Develop a letter-based employee communication program tailored to the County’s needs:
Verification Letter – Lists the dependents being verified.
Resubmit Letter – Notifies members when inadequate or illegible documentation has been received.
Confirmation – Sent when a final action is taken on the dependent, all current benefits and each dependent’s
verified dates are displayed. .
Appeal Form –Outlines members appeal process, and members can retrieve required appeal form on the
Benefitsolver website
Establish Service Center processes to support employees and resolve questions throughout the audit process utilizing
inbound and Service Center support and secure web-based solutions.
Notify County of all undelivered letters.
Store a copy of each letter in the Benefitsolver System.
Responsibilities of Maricopa County:
Provide information regarding the following:
Type of dependent verification service desired
Previous Full Dependent Audits
Addition of all new dependents
Acceptable evidence of dependent eligibility
Unsigned request forms/ no request form
Due date for documentation
Coverage types included
Standard communication pieces
Submitting required documentation
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Structure groups incorporated into audit
Appeal process
COBRA services for dependents removed during audit
O. Life Event Verification Services
Responsibilities of Businessolver:
Identify parameters of the audit with Customer. Below are Businessolver’s standard practices. The parties agree during
Implementation to work together to mutually agree to procedures for Maricopa County.
Standard: To include for Marriage, Divorce, Death, Dependent Gains Other Coverage, Dependent Loses Other
Coverage, and Birth.
Standard: To have members fax, upload to the site, or mail requirements to Businessolver.
Standard: Required information must be submitted no later than 15 days from the transaction being processed.
Define process, determine proof requirements, and identify parameters of acceptable evidence of proof.
Develop a letter-based employee communication program tailored to the Customer’s needs and corporate culture:
Life Event Letter – Lists the acceptable proof.
Resubmit Letter – Notifies members when inadequate or illegible documentation has been received.
Confirmation – Sent when a final action is taken on the dependent, all current benefits and each dependent’s
verified dates are displayed. .
Appeal Form –Outlines members appeal process, and members can retrieve required appeal form on the
Benefitsolver website
Establish Service Center processes to support employees and resolve questions throughout the audit process utilizing
inbound and Service Center support and secure web-based solutions.
Notify Customer of all undelivered letters.
Store a copy of each letter in the Benefitsolver system.
Responsibilities of Maricopa County:
Provide information regarding the following:
Acceptable proof for life event verification
Unsigned request forms/ no request form
Due date for documentation
Transaction types included
Standard communication pieces
P. ACA (Affordable Care Act) Status Tracking Services
Businessolver configures and updates ACA Status Tracking Services at the County’s direction. The County is responsible for
all compliance requirements. Businessolver provides ACA status tracking tools and information which may be used by the
County to assist with reporting and compliance needs. However, Businessolver is not responsible for ensuring the accuracy,
completeness, or final compliance of the County with respect to Employer Shared Responsibility Final Regulations (79 FR
8543), or other applicable laws and regulations.
Responsibilities of Businessolver
Configure the Businessolver System to automatically update the member’s eligibility based on calculated status
Responsibilities of Maricopa County
Provide all necessary ACA tracking rule defined measurement periods
Q. COBRA Implementation and Set-up
Responsibilities of Businessolver
Businessolver will establish a process to collect premiums from COBRA participants, deposit those premiums, and remit
the applicable portion of those premiums to the County.
Businessolver staff will provide the County with takeover documentation. The required documentation will include plan
rates, plan information, current continues, and Pending Qualified Beneficiaries ("PQB’s").
Businessolver staff will set up the COBRA module on the Businessolver application. Set-up activities will include:
Plan Set-up
Rate Set-up
Eligibility Group Set-up
COBRA Rules/Parameters Set-up
COBRA customer service call center
Initial and election notices
R. Implementation Milestones
Based upon a Benefitsolver system Go-Live date of July 1, 2018, for Country, the parties agree to the following milestones
related to the Implementation process. The parties further agree a detailed Project Plan, includes the below set forth milestones
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will mutually be developed to describe each parties respective deliverables and responsibilities related to the Implementation,
including the configuration of the Benefitsolver system. In the event the Go-Live data is altered, the parties agree to revise the
below milestones in accordance with the adjusted Go-Live date.
01.31.18 County shall provide to Businessolver all raw materials requested necessary to kick-off the
Implementation project, including carrier/vendor account structure(s)
02.14.18 The Parties shall complete necessary discovery workshops and Project Plan.
03.15.18 The Parties shall complete inbound and outbound data file specification for each carrier/vendor.
04.16.18 Businessolver shall have completed the carrier/vendor test files
05.01.18 The Parties shall begin validation workshops
06.01.18 Benefitsolver end to end testing shall begin
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II. Ongoing Services
Businessolver and the County shall continue to maintain service selections by mutual agreement, as recorded below and in the County
Concept of Operations and the Project Plan. A copy of each, with updates, shall be available at all times to the County upon reasonable
request. Any changes shall not modify or have precedence over the terms of the Contract, unless expressly agreed to, in writing, and
signed by both parties.
A. Data Export Services
Responsibilities of Businessolver:
Provide weekly eligibility file updates from the Businessolver System to the following vendors/providers*:
Cigna – Medical, Dental
UHC – Medical
OptumRx – Prescription
Delta Dental – Dental
EyeMed – Vision
Discovery – FSA
Securian– Life Insurance
Hyatt – Group Legal
Magellan Health Services – Behavioral Health
Sedgwick – Short-Term Disability
StayWell – Wellness
Optum Bank (for health savings accounts)
Provide an ongoing carrier integration with available web services listed below:
TBD – Voluntary Life
Applicable Terms:
All weekly file transactions are reviewed daily to ensure that the files are successfully transmitted.
All errors identified during file transmission are updated on the export dashboard daily to reflect resolution and/or
the process for addressing the error.
All files scheduled to run on any business day are sent before end of business that same day.*
*Businessolver cannot guarantee the quality of file exports when changes or modifications to file formats or data
values occur without prior notification from the carrier and/or client.
B. Ongoing Data Import Services
Responsibilities of Businessolver:
Load ongoing census files to Businessolver via the online transmit file interface or through FTP.
Files imported in this manner will result in a processing report for the County’s review, which identifies the number
of additions, changes, deletions and any errors that occurred during the file import process.
Required fields not provided by the County will be defaulted where feasible.
Inform the County of import modifications that fall outside of Businessolver standard services. Businessolver will inform
the County of any additional programming costs.
Establish ongoing imports from the following the County’s system(s):
County – Ongoing Census
Responsibilities of Maricopa County:
Provide a weekly or bi-weekly Census file to Businessolver
Define desired import parameters, import format, and import frequency based on the existing County data.
Review/update all missing or defaulted data.
Review and resolve errors reported by Businessolver in relation to the import file. Every time an import is performed, the
Businessolver System will generate an error log and a change log.
C. System Training
Responsibilities of Businessolver:
Provide one of the following training modules each week via web training sessions:
Navigation
Administration functions
Tools & resources
Advanced administration functions
Reports
Layout manager
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Exports
COBRA
Billing
Payroll
Training modules will take approximately one hour per module and will take place via web conference call on the
Trainingsolver system.
D. Payroll File Processing
Responsibilities of Businessolver:
Review, on a daily basis, all payroll file runs to ensure that the files are successfully processed.
Update, on a daily basis, all errors identified during file transmission on the payroll dashboard to reflect resolution and/or
the process for addressing the error.
Send all files scheduled to run on any business day before end of business that same day.*
*Businessolver cannot guarantee the quality of payroll file run times when changes or modifications to file formats
or data values occur without prior notification from the County or payroll provider.
E. Payroll Comparison Services
Payroll Comparison Services are provided to assist the County with identifying potential conflicts between deductions
generated by Businessolver and deductions applied through the County’s payroll system. The County is responsible for
identifying and determining the cause for conflicts and taking appropriate steps to resolve any such conflicts. Businessolver’s
Payroll Comparison Services are not intended to be used as the sole tool for identifying or determining payroll deduction
conflicts and the County recognizes when using these services other payroll errors or conflicts may still exist that cannot be
reasonably identified or determined solely by using Businessolver’s Payroll Comparison Services.
Payroll Compare:
Responsibilities of Businessolver:
Create a payroll configuration file to allow for a payroll comparison to be performed
Provide training to the County on the process for loading the payroll deduction file
Generate a comparison file through the Businessolver System which lists out discrepancies / mismatches between
deductions sent on Businessolver’s payroll file and deductions taken by the County’s payroll system
Review the comparison file with the County
Responsibilities of Maricopa County
Generate a full deduction file from the County’s payroll system
Load deduction file to the Businessolver payroll comparison module
Review the comparison file and resolve conflicts that are identified
Closed Loop Payroll:
Responsibilities of Businessolver:
Establish a process to apply adjustments provided by the County to the following deduction file
Assist the County with ongoing responsibilities and timeline for loading the deduction file to the Businessolver System
Responsibilities of Maricopa County
Review and identify any adjustments that are appropriate
Provide the adjustments back to Businessolver timely
F. Account Management
Responsibilities of Businessolver:
Provide service assistance to the County on the following issues, from 7:00am to 6:00 pm MST:
System training and support services
System troubleshooting assistance and support
Support Administrator set-up and maintenance support
Assistance with the review of export reports on an ongoing basis
Responsibilities of Maricopa County:
Appoint a designated support contact person(s) (up to a total of ten persons) for purposes of contacting Businessolver
regarding Maintenance and Support issues, including reporting technical support issues via phone, email, or through the
case manager tool.
G. System Reporting
Responsibilities of Businessolver:
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Set up scheduled reports, or the County may obtain reports as needed, through the Businessolver website.
Set up the standard reporting module for the County. The standard module includes the following report types:
Employee Census Benefit Report
Employee Census Report
Submitted Changes Report
Dependent Census Benefit Report
Employee Directory Report
EEO-1 Report
New Hire Report
Employee Termination Report
Payroll Deduction Changes Report
Minimum/Maximum Student Age Report
Open Enrollment Status Report
Address Change Report
Beneficiary Designation Report
Demographic Change Report
Payroll Deduction Audit Report
Evidence of Insurability Report
Initial Enrollment Status Report
Employment Change
H. Security, Data encryption, System availability
Responsibilities of Businessolver:
Businessolver uses a combination of firewalls, data encryption, physical data protection, database activity logging and
application-level security to provide a secure data enrollment.
Businessolver uses 128-bit secure socket layer (SSL) technology and digital certificates to encrypt and authenticate
transactions.
Businessolver System availability:
The Businessolver System will be available no less than 99.5% of the time per month excluding unavailability
due to exclusions to the definition of server downtime (as defined below)
Server downtime means any interruption of ten (10) minutes or more in the availability of the Businessolver
System; provided, however, that server downtime shall not include time that is attributable to:
o The County’s breach of its material obligations under the Agreement, which breach causes the server or
site to be unavailable;
o Failure or malfunction of any County- provided equipment or service;
o Other mutually agreed to pre-scheduled System down-time; and
o Scheduled System maintenance down-time.
i. Scheduled System maintenance down-time shall mean any interruption in the availability of the
System due to System maintenance scheduled more than 48 hours prior to the disruption of
service.
ii. Scheduled System maintenance will not exceed 6 hours per month and will occur between the
hours of 12:00 a.m. and 4:00 a.m.
Businessolver will provide the primary County contact with at least 48 hour notice of scheduled System downtime.
I. Billing and Financial Reporting
Responsibilities of Businessolver:
Develop monthly billing statements for all locations and at least one main consolidated billing statement. The following
types of bills will be generated:
Location Detail - consists of a structure group or combination of structure groups and shows all employees and
the applicable coverages for all benefits. This is generally used to represent what each location is responsible
for "paying" related to the monthly benefits.
Location Summary - summarizes the Location Detail and reflects the actual benefits costs/premiums.
Organization Summary - is a consolidation of each location and reflects the cumulative total benefit
costs/premiums for all locations.
Vendor Detail - is a "list bill" by vendor for all applicable charges for the billing period.
Vendor Summary - is a summary by vendor for the specific amount owed to the vendor.
On a monthly basis, apply debits and credits to bills based upon vendor rules.
Provide final invoices and any changes or adjustments that are identified will be captured on the next month’s cycle.
*Businessolver has no fiduciary responsibility for payment owed to vendor. The County is responsible for remitting
all vendor/carrier payments.
J. Fulfillment Services
Responsibilities of Businessolver:
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Provide fulfillment services as outlined during the initial set-up and implementation.
K. Ongoing Dependent Verification Service
Responsibilities of Businessolver:
Ongoing Dependent Verification Service – Documentation Submission and Verification Process
Confirmations and Assumptions: Businessolver will identify parameters of acceptable documentation with the
County during Implementation and the parties will work to establish mutually agreed to procedures for
dependent verification for County. Unless otherwise agreed to by the parties during Implementation, listed
below are Businessolver’s standard set of acceptable document verification standards and processes:
o Any time a new dependent is added to medical, dental, or vision coverage, the entire transaction will
pend, and the initial verification letter will generate. These are mailed to the member and eligibility
documentation requirements are outlined.
o Businessolver will identify parameters of acceptable documentation with the County. Listed below are
Businessolver’s standard set of acceptable document verification standards.
Standard Services
Dependent Group Name Dependent Proof List
Spouse Marriage Certificate
Official Court Documentation
Common Law Spouse Affidavit
and/or Current Tax Return
(with Dependent Listed)
Dependent Child Adoption Certificate
Legal Guardianship Documentation
Birth Certificate
and/or Current Tax Return
(with Dependent Listed)
Step Dependent Child Adoption Certificate
Legal Guardianship Documentation
Birth Certificate
and/or Current Tax Return
(with Dependent Listed)
o Pending the receipt of the required information, no new information will be sent to the carrier until the
pending transaction is approved. For new hire status employees, this means no information about the
member or dependents will be sent to the carrier(s) until all dependent documentation is received,
applied, and the transaction is approved.
o The required documentation for such changes would be sent by the member to Businessolver either by
fax, mail, or utilizing the document upload feature in Businessolver system. Upon receipt of
documentation, Businessolver staff will load the documents to the member’s System record.
o Documentation is typically required to be submitted within (15) days of the transaction.
o Once all required documentation is received, Businessolver staff will approve the pending transaction
and enter a verified date on the dependent’s record.
o If documentation is received but does not meet the verification requirements, a resubmit letter will be
provided to the member advising them that additional documentation is required.
o If partial documentation is submitted to Businessolver by a member, Businessolver staff will approve
the transaction on any members and dependents that provided the required verification documentation.
o If documentation is not provided within the allowed timeframe, Businessolver staff will deny the
transaction unless the member is adding coverage for the first time, for example, new hire.
o Provide services to County employees through the Businessolver Dependent Verification customer
service call center.
L. Life Event Verification Services
Ongoing Life Event Verification Service - Affidavit Submission and Verification Process
Confirmations and Assumptions: Businessolver will identify parameters of acceptable documentation with the
County during Implementation and the parties will work to establish mutually agreed to procedures for life event
verification for County. Unless otherwise agreed to by the parties during Implementation, listed below are
Businessolver’s standard set of acceptable document verification standards.
o Any time a life event transaction is processed (as defined below) the entire transaction will pend, and
the life event letter will generate. These are mailed to the member and acceptable proof requirements
are outlined.
o Businessolver will identify parameters of acceptable documentation with the County. Listed below are
Businessolver’s standard set of acceptable proof.
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Standard Services
Life Event Acceptable Proof
Marriage Copy of Marriage certificate
Copy of Divorce Decree or court documentation showing legal
Divorce
separation or annulment; Documentation must include the finalized date.
Death Copy of the death certificate.
Letter from dependent’s employer that indicates the gain of coverage;
Dependent Gains
must include the dependent’s name and date they gained coverage.
Letter from dependent’s employer that indicates the loss of coverage;
Dependent Loses
must include the dependent’s name and date they lost coverage.
Copy of birth certificate, hospital documentation reflecting child’s birth,
Birth
or adoption certificate.
o Pending the receipt of the required information, no new information will be sent to the carrier until the
pending transaction is approved. The required proof for such changes would be sent by the member to
Businessolver either by fax, mail, or utilizing the document upload feature in Benefitsolver. Upon
receipt of documentation, Businessolver staff will load the documents to the member’s System record.
o Proof is typically required to be submitted within (15) days of the transaction.
o Once all required proof is received, Businessolver staff will approve the pending transaction.
o If proof is received but does not meet the verification requirements, a resubmit letter will be provided
to the member advising them that additional documentation is required.
o If proof is not provided within the allowed timeframe, Businessolver staff will deny the transaction.
M. QMCSO Administration
Responsibilities of Businessolver:
Receive QMCSO Setup requests
Identify the applicable dependents and update the relationship within the System to reflect the “Court Ordered” status
restricting changes from being made to the member unless processed by an administrator
Allow members to upload and submit applicable documentation through the case management tool for review by the
County’s administrators
N. Evidence of Insurability Verification Service
Responsibilities of Businessolver:
Determine a process with the County for ongoing EOI processing and agreed upon coverages.
Set up review procedures based on the County’s and carrier/vendor requirements.
Update the System via single sign-on with life insurance vendor, Securian, to reflect the EOI status from the vendor within
the Businessolver System.
Return members to prior election status if EOI is unapproved.
O. Dependent Max Age Service
Responsibilities of Businessolver
Remove dependents who have reached maximum age of eligibility from applicable coverage
Offer COBRA coverage to members who no longer have eligibility due to maximum age
Responsibilities of Maricopa County
Provide Businessolver with all necessary plan rules of maximum age of eligibility for all group plans
P. ACA (Affordable Care Act) Status Tracking Services
Responsibilities of Businessolver
Collect employee hours weekly from the County
Calculate eligibility based on ACA full-time employee identification rules as established by the Employer Shared
Responsibility Final Regulations (79 FR 8543), and defined measurement periods elected by the County
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Identify employee ACA status as full time vs. part time based on current definitions outlined by legislation and guidelines
issued by government agencies (e.g. IRS, Dept. of Revenue, Dept. of Health and Human Services) as well as the County’s
defined measurement periods and employee classifications
Notify the member of new eligibility status through fulfillment as elected and requested by the County. Electronic or print
version available. (Additional postage fees will apply)
Responsibilities of Maricopa County
Provide Businessolver with ongoing employee hours tracking data*
Provide Businessolver with eligibility data related to transfers and stability periods
Provide Businessolver with protected leave and rehire data
Notify Businessolver of any changes to ACA tracking rule defined measurement periods
Notify Businessolver of ongoing employee hours tracking data changes
* Monthly charges and fees may apply for all months in the measuring period if service is implemented within a measuring
cycle.
*All data required for provision of any ACA Services shall be provided to Businessolver in Businessolver’s standard data and
file format.
Q. 6055 and 6056 Compliance (Data Storage to meet Form 1095-C Reporting Requirements)
Information necessary for the County to complete IRS Form 1095-C: Employer-Provided Health Insurance Offer and
Coverage. The Reporting Only option is available regardless of whether the County is utilizing any other ACA service
Responsibilities of Businessolver
Businessolver will provide monthly storage of the data fields identifying offer of health coverage to employees and
enrollment for all covered individuals
Businessolver will provide a standard extract file for data management.
Responsibilities of Maricopa County
Inform Businessolver which IRS form to use for each structure group (or employee population subgroup)
Provide Businessolver with any undetermined offer and Safe Harbor codes (e.g. information requested on lines 14 and 16
of IRS Form 1095-C)
Provide Businessolver all necessary SSNs and/or TIN for covered individuals
Provide Businessolver quarterly confirmation(s) of all information, including offer and Safe Harbor codes (e.g.
information requested on lines 14 and 16 of IRS Form 1095-C)
Provide Businessolver annual certification(s) of accuracy of all information, including offer and Safe Harbor codes, no
later than October 15 of the reporting year
Provide Businessolver all required confirmations and certification of data accuracy for 4th quarter changes only by
December 7 of the reporting tax year
* For covered individuals, other than the employees listed in Part I, a Taxpayer Identification Number (TIN) may be provided
instead of an SSN. If Businessolver is not provided the employee’s SSN and/or the SSNs of all covered individuals by the
County, the IRS may not be able to match the Form 1095-C to determine that the employee and the other covered individuals
have complied with the individual shared responsibility provision.
*Charges and fees will apply for all 12 months of a single calendar/reporting year, regardless of actual implementation date.
*All data required for provision of any ACA Services shall be provided to Businessolver in Businessolver’s standard data and
file format.
Q.1. 1095-C Employer Fulfillment (only available if contracted for Service under 6055/6056 Compliance (Data Storage to
meet Form 1095-C Reporting Requirements))
Responsibilities of Businessolver
Businessolver will use the data stored and confirmed to generate IRS Form 1095-C
Final output from Businessolver may be provided either via data file to the County or completed Form 1095-C
to employee
Businessolver will provide Form 1095-C to the address of record of the employee/participant, or via electronic
delivery to employee/participant as elected by employee
Responsibilities of Maricopa County
Inform Businessolver which IRS form to use for each structure group (or employee population subgroup)
Provide Businessolver with any undetermined offer and Safe Harbor codes (e.g. information requested on lines
14 and 16 of IRS Form 1095-C)
Provide Businessolver all necessary SSNs and/or TIN for covered individuals
Provide Businessolver quarterly confirmation(s) of all information, including offer and Safe Harbor codes (e.g.
information requested on lines 14 and 16 of IRS Form 1095-C)
Provide Businessolver annual certification(s) of accuracy of all information, including offer and Safe Harbor
codes, no later than October 15 of the reporting year
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Provide Businessolver all required confirmations and certification of data accuracy for 4th quarter changes only
by December 7 of the reporting tax year
*Employers are required to furnish Form 1095-C only to the employee. As the recipient of Form 1095-C, the
employee is responsible for providing a copy to any family members covered under a self-insured employer-
sponsored plan listed in Part III of the form if they request it for their records.
* Electronic delivery option is only available for employees who consent to the specific electronic opt-in as defined
by IRS regulations.
*Included in the 1095-C Fulfillment pricing is ongoing storage of an electronic (PDF) file of all produced 1095-C
forms, regardless of whether the employee received his/her copy electronically or by mail. The PDF will be attached
to the employee record for ongoing future reference.
Q.2. 1094-C Transmittal (Transmitting/Filing Data with IRS)
1094-C Transmittal includes filing of 1095-C data for all employees and dependents to the IRS via electronic filing
format (pending final guidance issued by the IRS).
Responsibilities of Businessolver
Businessolver will submit 1094-C and 1095-C data for all employees and dependents via the IRS prescribed
electronic filing format
*A health coverage provider that is required to file 250 or more Forms 1095-B or 250 or more Forms 1095-C during
the calendar year must file the returns electronically. The 250 return threshold applies separately to each type of
return required to be filed. Only Forms 1095-B or 1095-C are counted in applying the 250 return threshold for
section 6055 reporting
Responsibilities of Maricopa County
Inform Businessolver which IRS form to use for each structure group (or employee population subgroup)
Provide Businessolver with any undetermined offer and Safe Harbor codes (e.g. information requested on lines
14 and 16 of IRS Form 1095-C)
Provide Businessolver all necessary SSNs and/or TIN for covered individuals
Provide Businessolver quarterly confirmation(s) of all information, including offer and Safe Harbor codes (e.g.
information requested on lines 14 and 16 of IRS Form 1095-C)
Provide Businessolver annual certification(s) of accuracy of all information, including offer and Safe Harbor
codes, no later than October 15 of the reporting year
Provide Businessolver all required confirmations and certification of data accuracy for 4th quarter changes only
by December 7 of the reporting tax year
* For a given Applicable Large Employer (ALE), the IRS may require each FEIN to transmit on a separate file.
(Please see your tax advisor or tax attorney to multiple FEIN determination based on your legal tax structure).
* Fee charged per successful data transmission. Additional fees may apply in the event a “corrected” file is required
as a result of employer data errors.
* 1094-C Transmittal assumes multiple FEIN’s may be submitted on one transmission. If IRS requirements vary,
additional fees may apply.
R. COBRA Ongoing Administration Services
Responsibilities of Businessolver
Compliance Services
Businessolver staff will provide timely updates to COBRA documentation and processes as legal/legislative
updates occur.
Businessolver staff will notify and/or provide communication to the County as changes to COBRA
documentation and/or processes occur.
Businessolver staff will provide electronic archival of COBRA election history and payment history.
COBRA Participant Services
Businessolver staff will develop and mail (via first class postage) participants’ termination/conversion notices as
required.
Businessolver staff will mail short payment reminders to participants as necessary.
Businessolver will provide a toll-free COBRA customer service number. Customer service shall be provided
from 7:00 a.m. to 7:00 p.m. Mountain Standard Time.
Businessolver staff will monitor and manage the following COBRA timelines that are required by statute:
o 60 day election window for COBRA Qualified Beneficiaries.
o 45 day payment grace period for initial QB payment.
o 30 day grace period required for monthly payment submission.
o 18, 29, or 36 month COBRA eligibility periods.
o USERRA 24 month Health Benefit Continuation eligibility period.
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S. COBRA Accounting and Account Management Services
Responsibilities of Businessolver
Businessolver staff will manage short payments as directed by the County and NSF payments provided by COBRA
participants.
Businessolver staff will process COBRA payment receivables and will deposit payments.
Businessolver will apply subsidies from the retirement system to COBRA premiums
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T. COBRA Web-based Services
Responsibilities of Businessolver
Businessolver will provide the County with the following web-based access:
Access to view QB and PQB correspondence/documentation.
Access to view the status and payment history of QB’s.
Access to view QB elections and election history.
Access to COBRA reports.
U. COBRA Initial Rights Services
Responsibilities of Businessolver
Businessolver staff will provide new plan participants, including new employees, acquisition employees, and new
companies/groups entering the plans, with an initial COBRA rights notice. The notice will be mailed via first class
postage.
Businessolver staff will provide a separate initial rights notice to dependents if a second address is provided that is
different from the employee’s home address. This notice will be mailed via first class postage.
Businessolver staff will track any returned and/or undeliverable initial rights notices. Furthermore, Businessolver will
mail an additional initial rights notice if an updated address is provided.
V. COBRA Qualifying Event Services
Responsibilities of Businessolver
Businessolver staff will assemble and mail (via first class postage), within the time limits required by statute, Qualifying
Event ("QE") paperwork to PQB’s.
Businessolver staff will mail (via first class postage) separate qualifying event documentation to dependents if a second
address is provided that is different from the employee’s home address.
Businessolver staff will track any returned or undeliverable QE packages. Furthermore, Businessolver will mail an
additional QE package if an updated address is provided.
Businessolver staff will process all valid elections received from participants desiring COBRA coverage as well as the
associated payments.
Businessolver staff will provide annual payment coupon sheets to QB’s who elect COBRA coverage.
Businessolver will handle first level COBRA appeals, and refer second level COBRA appeals to the County for decision
W. COBRA Open Enrollment Services
Responsibilities of Businessolver
Businessolver staff will facilitate the production, assembly, and fulfillment of open enrollment kits for COBRA
participants.
Businessolver will provide electronic enrollment services for QB’s during the open/annual enrollment period.
Businessolver will provide additional open enrollment materials and information to QB’s such as rate change
notices, new payment coupons, and open enrollment alerts/communiqués.
X. COBRA Takeover Services (Included in COBRA fees)
Responsibilities of Businessolver
Businessolver staff will facilitate the production, assembly, and fulfillment of takeover letters for COBRA participants.
Businessolver staff will develop and send a notice of takeover letter to current Qualified Beneficiaries ("QB’s").
Businessolver will provide additional takeover materials and information to QB’s such as rate change notices, new
payment coupons, and alerts/communiqués.
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Exhibit E
COBRA ADMINISTRATION
RECITALS
WHEREAS, the County has requested Businessolver to furnish certain COBRA administrative services as set forth in the applicable
Exhibit A, Pricing and Fees attached hereto for one or more employee benefit programs for which Businessolver is currently providing
other technical services pursuant to the Contract entered into by and between County and Businessolver.
WHEREAS, County has independently concluded that it is required to perform certain duties under the Health Plan Provisions of the
Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), 26 U.S.C. Section 4980B; and 29 U.S.C. Section 1161 et seq., as
may be amended (the “regulations”). This COBRA Administration Exhibit explains the services Businessolver will perform to assist
County in meeting its obligations under the COBRA continuation requirements as an agent of the plan administrator.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises herein, and other good and valuable consideration it
is agreed as follows:
ARTICLE 1. SERVICES
Section 1.1. Services. Businessolver shall provide County COBRA Administration Services ("COBRA Services") as described in
Exhibit B, Scope of Work; Exhibit C, Requirements; Exhibit D, Roles and Responsibilities; and Exhibit H Service Level Agreement.
ARTICLE 2. RESPONSIBILITIES
Section 2.1. Initial Notification. Businessolver is responsible for the initial notification of all covered or newly covered active
employees and dependents of their continuation rights. County is responsible for providing Businessolver with names and current
addresses of any covered or newly covered active employees and spouses, except where the information is available to Businessolver
through the Contract with the County.
Section 2.2. Qualifying Events. County shall update the Benefitsolver system electronically of the following qualifying events
within five (5) days after the plan administrator receives notice of the qualifying event: a) Death of a covered employee; b) Termination
of employment of a covered employee (for reasons other than gross misconduct) or reduction in the employee’s hours that causes a loss
of coverage under the plan, and County shall be solely responsible for determining whether or not an employee has been terminated for
gross misconduct under the provision of COBRA; c) Divorce/legal separation of covered employees; d) Covered employee becoming
entitled to benefits under Title XVIII of the Social Security Act (Medicare); e) Dependent children who cease to be covered as a
"dependent" under the terms of County health plan; and f) Additional events, which includes any other event resulting in a covered
employee and/or dependent becoming qualified to continue coverage under the provisions of COBRA, as subsequently amended.
Notwithstanding the foregoing, if County is the plan administrator, County shall have thirty (30) days after the qualifying event to notify
Businessolver of (a), (b), (d), and, if applicable, (f).
Section 2.3. Terms and Conditions. County is responsible for notifying Businessolver in writing of the terms and conditions of
the health plan(s) under which a Qualified Beneficiary, as defined by COBRA regulations, is covered, including but not limited to: a)
Carrier Information, including name and address of each carrier and any change thereto; b) Coverage Date. Effective date of coverage for
each Qualified Beneficiary, except where the information is available to Businessolver through the Enrollment and Eligibility Services
provided to County; c) premium rate(s) and any change(s) thereto; d) actuarially calculating applicable premium (as defined in COBRA)
for each self-funded plan. County shall bear the total expense for computing this premium.
Section 2.4. Employee Address. County is responsible for providing the last known address of each employee and covered
dependent who is entitled to COBRA.
Section 2.5. Notices in Writing. County shall provide Businessolver with thirty (30) days prior written notice of any change in
carrier(s), benefit(s), coverage(s) or premium rate(s). Businessolver shall NOT be responsible for the payment or collection of any
additional premium for which adequate prior notice was not received.
Section 2.6. Compliance with Laws. Businessolver shall perform the COBRA Services with respect to the Plan in accordance
with a reasonable good faith interpretation of the federal COBRA and HIPAA requirements (but only to the extent that COBRA and
HIPAA administrative services are included in the COBRA Services). Except for such responsibilities assumed by Businessolver in
Exhibit B, Scope of Work; Exhibit C, Requirements; Exhibit D, Roles and Responsibilities; and Exhibit H, Service Level Agreement,
County will be responsible (i) for compliance with all laws and governmental regulations affecting its business and (ii) for any use
County may make of the COBRA Services to assist it in complying with such laws and governmental regulations.
Section 2.7. Notice of Material Events. Businessolver agrees that it will provide the County with written notice of any of the
following events to the extent Businessolver reasonably determines they could have a negative impact on the ability of Businessolver to
fulfill its duties and obligations under this Contract: a) lawsuits against Businessolver; b) regulatory complaints against Businessolver; c)
final judgments or orders; d) settlements of disputes; e) labor unrest in its workplace; f) material damage to its premises, building,
systems or software; and g) material changes in Businessolver’s operational controls and procedures, systems, ownership or
subcontractor arrangements.
ARTICLE 3. LIMITATIONS OF LIABILITY
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Section 3.1. Liabilities. Businessolver shall NOT be liable for any federal or state tax or penalty of any nature which may be
imposed under any law or regulation that was caused by the County’s negligence, delay or breach of this Contract, Exhibit E.
Businessolver agrees to hold harmless and indemnify County for any Department of Labor or Internal Revenue Service excise taxes or
penalties pertaining to a failure under COBRA caused by negligence or willful misconduct of Businessolver in performance of the
COBRA Services.
Section 3.2. County COBRA Services Indemnity. County shall only indemnify, defend and hold Businessolver harmless from
and against any and all liabilities, claims, penalties, damages, forfeitures, suits, and the costs and expenses incident thereto (including the
costs and expenses of defense, settlement and reasonable attorneys’ fees), arising from or claimed to have arisen from actions
Businessolver performs in connection with COBRA Services pursuant to County’s procedures, any County data supplied by County or
any instruction, request or representation of County, and except to the extent such liability claims, damages, costs or expense arise from
the negligence, willful misconduct or breach of this Contract, Exhibit E, by Businessolver. Businessolver shall be under no duty to
review any such procedures, County data, instructions, requests or representations of County.
Section 3.3. COBRA SERVICES Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN OR IN THE SCOPE OF COBRA SERVICES, COUNTY EXPRESSLY ACKNOWLEDGES THAT BUSINESSOLVER IS
NOT THE "ADMINISTRATOR" OR "PLAN ADMINISTRATOR" AS DEFINED IN SECTION 3(16)(A) OF ERISA AND SECTION
414(g) OF THE CODE, RESPECTIVELY, NOR IS BUSINESSOLVER THE "NAMED FIDUCIARY" WITHIN THE MEANING OF
ERISA, AND COUNTY SHALL NOT REQUEST OR OTHERWISE REQUIRE BUSINESSOLVER TO ACT AS SUCH. IT IS THE
INTENT OF THIS CONTRACT THAT BUSINESSOLVER SHALL NOT EXERCISE ANY DISCRETIONARY AUTHORITY OR
DISCRETIONARY CONTROL RESPECTING MANAGEMENT OF ANY PLAN OR MANAGEMENT OR DISPOSITION OF ANY
PLAN ASSETS. BUSINESSOLVER SHALL NOT RENDER INVESTMENT ADVICE FOR A FEE OR OTHER COMPENSATION,
DIRECT OR INDIRECT, WITH RESPECT TO ANY MONIES OR OTHER PROPERTY OF ANY PLAN, NOR DOES
BUSINESSOLVER HAVE ANY AUTHORITY OR RESPONSIBILITY TO DO SO. BUSINESSOLVER HAS NO
DISCRETIONARY AUTHORITY OR DISCRETIONARY RESPONSIBILITY IN THE ADMINISTRATION OF THE PLAN(S).
THE PARTIES FURTHER ACKNOWLEDGE AND AGREE THAT BUSINESSOLVER WILL NOT BE DEEMED TO BE
PROVIDING LEGAL OR TAX ADVICE TO COUNTY AS A RESULT OF PROVIDING COBRA SERVICES.
Section 3.4. BUSINESSOLVER COBRA SERVICES INDEMNITY. CONSISTENT WITH THE FOREGOING PROVISIONS,
BUSINESSOLVER SHALL ONLY INDEMNIFY, DEFEND AND HOLD COUNTY HARMLESS FROM AND AGAINST ANY
AND ALL LIABILITIES, CLAIMS, PENALTIES, DAMAGES, FORFEITURES, SUITS, AND THE COSTS AND EXPENSES
INCIDENT THERETO (INCLUDING THE COSTS AND EXPENSES OF DEFENSE, SETTLEMENT AND REASONABLE
ATTORNEYS’ FEES), ARISING FROM THE NEGLIGENCE, WILLFUL MISCONDUCT OR BREACH OF THIS EXHIBIT E BY
BUSINESSOLVER.
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Exhibit F
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement (“BAA”) is entered into by and between Businessolver.com, Inc. (“Business Associate”) and
Maricopa County (the “Plan Sponsor”), on behalf of the health benefits programs provided under the Maricopa County Health & Welfare
Benefits Plan (the “Plans”).
RECITALS
WHEREAS, Plan Sponsor and Business Associate are entering into a Contract (“Contract”) in which Business Associate provides
enrollment and eligibility services and certain other services for, or on behalf of, the Plans, and in the event and to the extent that
Business Associate receives, has access to, or creates Protected Health Information in order to perform such services; and
WHEREAS, the Plans are subject to the Administrative Simplification requirements of the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, and the regulations thereunder (“HIPAA”), including but not limited to the Privacy
Standards (45 C.F.R. Parts 160 and 164), the Standards for Electronic Transactions (45 C.F.R. Parts 160 and 162), and the Security
Standards (45 C.F.R. Parts 160 and 164), and the Breach Notification Standards (45 C.F.R. Parts 160 and 164) (collectively, the
“Standards”); and
WHEREAS, Business Associate acknowledges that to the extent that Protected Health Information is disclosed to the Business
Associate, Business Associate is also subject to 45 C.F.R 164.308, 164.310, 164.312, and 164.316 of the Standards; and
WHEREAS, the Plans and, to the extent that Protected Health Information is disclosed to the Business Associate, the Business Associate
are subject to the requirements of the Health Information Technology for Economic and Clinical Health Act, as incorporated in the
American Recovery and Reinvestment Act of 2009 (“HITECH”), and the regulations issued thereunder; and
WHEREAS, HIPAA requires Plan Sponsor to enter into a contract, on behalf of the Plans, with Business Associate to provide for the
protection of the privacy and security of Protected Health Information, and HIPAA prohibits the disclosure to or use of Protected Health
Information by Business Associate if such a contract is not in place,
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants in this BAA, the parties agree as follows:
ARTICLE I
GENERAL PROVISIONS
Section 1.1 Amendment. Business Associate and Plan Sponsor, on behalf of the Plans, agree to amend this BAA to
the extent necessary to allow either Business Associate or the Plans to comply with the Standards or such other rules or regulations to be
promulgated by the Secretary of the United States Department of Health and Human Services (the “Secretary”) and other applicable
federal or state regulations or statutes. Business Associate and the Plans will fully comply with all applicable Standards and other
applicable federal or state regulations or statutes and will amend this BAA to incorporate any material required by the Standards, such
regulations, or statutes.
Section 1.2 Definitions. Capitalized terms used herein without definition shall have the respective meanings assigned
to such terms under the Standards.
ARTICLE II
OBLIGATIONS OF BUSINESS ASSOCIATE
Section 2.1 Use and Disclosure of Protected Health Information.
(a) Business Associate may use and disclose Protected Health Information on behalf of the Plans in any manner the Plans would be
permitted or required to use and disclose Protected Health Information under the Standards, including for purposes of
Treatment, Payment, and Health Care Operations, but only as permitted by this BAA or as required by law. For purposes of
this BAA, Protected Health Information shall mean Individually Identifiable Health Information transmitted or maintained in
any form or medium that Business Associate creates or receives from or on behalf of the Plans in the course of fulfilling its
obligations under this BAA.
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EXHIBIT F (Continued)
(b) Business Associate shall not, and shall ensure that its directors, officers, employees, contractors, subcontractors, and agents do
not use or disclose Protected Health Information in any manner that would constitute a violation of the Privacy Standards if
done by the Plans, except that Business Associate may use Protected Health Information if necessary (i) for the proper
management and administration of Business Associate, (ii) to carry out the legal responsibilities of Business Associate, or
(iii) to provide Data Aggregation services relating to the Health Care Operations of the Plans. Except for payments from the
Plans or from the Plan Sponsor for services performed pursuant to this BAA, Business Associate shall not directly or indirectly
receive remuneration in exchange for an Individual’s Protected Health Information.
(c) Business Associate may disclose Protected Health Information for its proper management and administration or to carry out its
legal responsibilities if the disclosure is required by law or if Business Associate obtains reasonable written assurances from the
person to whom Protected Health Information will be disclosed that (i) the Protected Health Information will be held
confidentially and used or further disclosed only for the purpose for which it was disclosed to such person or only as required
by law, and (ii) such person will notify Business Associate of any instances of which it becomes aware in which the
confidentiality of the Protected Health Information was breached.
(d) At the Plan Sponsor’s written request and direction, Business Associate shall disclose or make available Protected Health
Information or Summary Health Information to other business associates (as defined at 45 C.F.R. 160.103) of the Plans.
(e) Business Associate hereby acknowledges that, as between Business Associate and the Plans, all Protected Health Information
shall be and remain solely the property of the Plans, including any and all forms thereof developed by Business Associate in the
course of fulfilling its obligations pursuant to this BAA.
(f) In performing services for the Plans in accordance with this BAA, Business Associate will use or disclose only the Minimum
Necessary Protected Health Information, in accordance with the Privacy Standards and Section 13405(b) of HITECH, any
regulations issued thereunder, and the Standards. Business Associate further represents and agrees that, to the extent Business
Associate requests the Plans to disclose Protected Health Information to Business Associate, such request is only for the
Minimum Necessary Protected Health Information for the accomplishment of Business Associate’s purpose.
Section 2.2 Disclosure of Protected Health Information to Plan Sponsor. Plan Sponsor acknowledges and agrees
that, under the Privacy Standards, the Plans may permit Business Associate to disclose or provide access to Protected Health Information
only to those employees or other persons under the control of Plan Sponsor who are identified by name or position in the Plan documents
as the persons who are authorized to use and disclose Protected Health Information solely to carry out the particular Plan administration
functions that Plan Sponsor performs for the Plans (“Designated Plan Sponsor Employees”). Accordingly, Business Associate shall
disclose or make available Protected Health Information to Designated Plan Sponsor Employees for the purpose of carrying out the plan
administration functions that the Plan Sponsor performs for the Plans. Notwithstanding the foregoing, Business Associate may disclose
or provide access to Protected Health Information to the Plan Sponsor, including to an employee representative of Plan Sponsor who is
not a Designated Plan Sponsor Employee, as follows:
(a) Business Associate may disclose Summary Health Information for the purpose of obtaining premium bids for the provision of
health insurance, HMO, or stop-loss coverage for the Plans, or for the purpose of modifying, amending or terminating the
Plans; and
(b) Business Associate may disclose whether an individual is participating in the Plans or has enrolled in or disenrolled from a
health insurance issuer or HMO offered by the Plans.
Section 2.3 Safeguards Against Misuse of Information. Business Associate will develop, implement, maintain, and
use all appropriate administrative, technical, and physical safeguards to prevent the use or disclosure of Protected Health Information
other than pursuant to the terms and conditions of this BAA or as required by law. Business Associate represents that it has implemented
policies and procedures to safeguard Protected Health Information.
Section 2.4 Reporting of Violations. Business Associate shall, within five (5) days of becoming aware of any use or
disclosure of Protected Health Information in violation of this BAA by Business Associate or any of its officers, directors, employees,
contractors, or agents, report such use or disclosure to Plan Sponsor. In the event of a Breach, as defined in Section 13400(1) of
HITECH, by Business Associate or any of its officers, directors, employees, subcontractors or agents, Business Associate shall
immediately notify Plan Sponsor in accordance with the requirements of Section 13402 of HITECH.
Section 2.5 Agreements by Third Parties. Business Associate shall enter into and maintain an agreement with each
of its agents, partners and subcontractors that has or will have access to Protected Health Information under which the agent, partner or
subcontractor is legally bound by the same restrictions with respect to Protected Health Information that apply to Business Associate
pursuant to this BAA, the Standards, and HIPAA, as amended by HITECH.
EXHIBIT F (Continued)
Section 2.6 Access to Information. Within fifteen (15) days of a request from the Plans for access to Protected Health
Information about an Individual contained in a Designated Record Set, Business Associate shall make available to the Plans, or at the
Plan Sponsor’s direction to the Individual requesting the Protected Health Information (or the Individual’s authorized personal
representative), such Protected Health Information. In the event any Individual requests access to his or her Protected Health Information
directly from Business Associate, Business Associate shall notify the Plan Sponsor within two (2) days of such request. Any decision to
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deny access to the requested Protected Health Information shall be the responsibility of the Plan Sponsor. Business Associate agrees to
provide access to Protected Health Information contained in a Designated Record Set in the time and manner required by law in
accordance with the requirements under 45 C.F.R. 164.524 and any subsequent legislation or guidance regarding an Individual’s right to
access his or her Protected Health Information, including, but not limited to, the requirements of Sections 13405 of HITECH and the
regulations thereunder.
Section 2.7 Availability of Protected Health Information for Amendment. Within thirty (30) days of receipt of a
request from the Plans for the amendment of an Individual’s Protected Health Information or a record regarding an Individual contained
in a Designated Record Set, Business Associate shall provide such information to the Plans, or at the Plan Sponsor’s direction to the
Individual requesting the Protected Health Information (or the Individual’s authorized personal representative), for amendment and shall
incorporate any such amendments in the Protected Health Information as required by 45 C.F.R. §164.526 and any subsequent legislation
or guidance regarding an Individual’s right to request amendment of his or her Protected Health Information. Any decision to deny a
requested amendment shall be the responsibility of the Plan Sponsor.
Section 2.8 Accounting of Disclosures. Within thirty (30) days of receipt of notice from the Plans that it has received
a request for an accounting of disclosures of Protected Health Information, other than disclosures excepted under 45 C.F.R. §164.528(a),
Business Associate shall provide to the Plans, or at the Plan Sponsor’s direction to the Individual requesting the accounting of disclosures
of Protected Health Information (or the Individual’s authorized personal representative), the information in Business Associate’s
possession that is required for the Plans to make the accounting required by 45 C.F.R. §164.528(b) and (c). At a minimum, Business
Associate shall provide the Plans with the following information for each disclosure: (a) the date of the disclosure, (b) the name of the
entity or person who received the Protected Health Information and, if known, the address of such entity or person, (c) a brief description
of the Protected Health Information disclosed, and (d) a brief statement of the purpose of such disclosure which includes an explanation
of the basis for such disclosure. In the event an Individual’s request for an accounting is delivered directly to Business Associate,
Business Associate shall within two (2) days forward such request to the Plans. Business Associate hereby agrees to implement an
appropriate recordkeeping process to enable it to comply with the requirements of this section. If Business Associate is unable to provide
an accounting within the above time frame, Business Associate shall inform the Plans in writing within twenty-five (25) days of the
request so that the Plans may request an extension from the Individual.
Section 2.9 Availability of Books and Records. Business Associate hereby agrees to make its internal practices,
books and records relating to the use and disclosure of Protected Health Information available to the Secretary for purposes of
determining the Plans’ compliance with the Privacy Standards.
Section 2.10 Injunction. Business Associate hereby agrees that the Plans and Plan Sponsor will suffer irreparable
damage upon Business Associate’s breach of its obligations under this BAA, and that such damages shall be difficult to quantify.
Business Associate hereby agrees that the Plans or Plan Sponsor may file, and Business Associate will not contest, an action for an
injunction to enforce the terms of this BAA against Business Associate, in addition to any other remedy the Plans or Plan Sponsor may
have.
Section 2.11 Request for Disclosure to an Alternative Location or Alternative Means; Restrictions. Business
Associate shall permit an Individual to make a reasonable request that Protected Health Information relating to the Individual be supplied
at alternative locations and/or by alternative means, or to make a request for restriction of the use and/or disclosure of Protected Health
Information. If such request is made directly to Business Associate, Business Associate shall provide a copy of such request (and any
change thereto) to Plan Sponsor within five (5) days of receipt of such request. Business Associate agrees to comply with the
requirements of Section 13405(a) of HITECH regarding requests for restriction on the disclosure of Protected Health Information to
health plans for payment and health care operations purposes. Except to the extent a request must be granted under Section 13405(a) of
HITECH, Business Associate is prohibited from agreeing to any restriction on the use or disclosure of Protected Health Information or
any alternative communication of Protected Health Information requested by an Individual without prior approval of Plan Sponsor.
Section 2.12 Authorizations. Business Associate shall provide, upon the request of an Individual, a HIPAA-compliant
Authorization form that may be used by such Individual to request a use or disclosure of such Individual’s Protected Health Information
that is not otherwise permitted hereunder. Business Associate shall not require an Authorization to use or disclose Protected Health
Information unless such an Authorization is required by the Privacy Standards. Business Associate shall receive prior approval from
Plan Sponsor before attempting to obtain an Individual’s Authorization for the use or disclosure of Protected Health Information for any
purpose other than to satisfy its obligations under the BAA, such as for marketing purposes. A copy of such authorization shall be
provided to the Plans participant and maintained by the Business Associate for a minimum of six (6) years, or if lesser the term of this
BAA.
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EXHIBIT F (Continued)
Section 2.13 Sanctions and Mitigation. Business Associate agrees to mitigate, to the extent practicable, any harmful
effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of
this BAA. In the event of a Breach, as defined in Section 13400(1) of HITECH, by Business Associate or any of its officers, directors,
employees, subcontractors, partners or agents, Business Associate shall cooperate with the Plan Sponsor to notify, at Business
Associate’s expense, the affected Individuals pursuant to Section 13402 of HITECH and the regulations thereunder. Business Associate
agrees to implement and apply sanctions against its employees, agents, or subcontractors who provide services with respect to the
Contract or this BAA in the event such employee, agent, or subcontractor fails to comply with the applicable requirements of this BAA.
The parties acknowledge and agree that Business Associate is not an agent of the Plans or the Plan Sponsor and is performing services as
an independent contractor.
Section 2.14 Research or Marketing. Business Associate agrees not to use or disclose Protected Health Information for
research or marketing purposes without first receiving prior written approval from the Plan Sponsor and obtaining the necessary
Authorization from the affected Individuals.
Section 2.15 Standard Transactions. To the extent that Standard Transactions are possible, applicable, and the Plans’
carriers and vendors accept and comply with Standard Transactions, Business Associate shall comply, and shall require any subcontractor
or agent involved with the conduct of such Standard Transactions to comply, with each applicable requirement of 45 C.F.R. Part 162.
Section 2.16 Security Standards. Business Associate shall:
(a) Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality,
integrity, and availability of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on
behalf of the Plans;
(b) Ensure that any partner, agent or subcontractor, to whom it provides such information agrees to implement reasonable and
appropriate safeguards to protect Electronic Protected Health Information;
(c) Report to the Plan Sponsor on behalf of the Plans any security incident of which Business Associate becomes aware; and
(d) Accept termination of this BAA and the Contract by the Plan Sponsor, if the Plan Sponsor determines that the Business
Associate has violated a material term of the BAA and fails to correct the breach within the Cure Period set forth in Article IV
of this BAA.
Section 2.17 Notices to Plan Sponsor: For purposes of this BAA and complying with the Standards and this
BAA’s provisions, including all reporting, notification, and disclosures required hereunder or in accordance with the Standards
and other applicable law, Business Associate shall direct all communications to the following: Maricopa County Employee
Benefits Division, Attn: Benefits Manager, 301 West Jefferson Street, Suite 3200, Phoenix, AZ 85003-2143; Phone (602) 506-1010.
ARTICLE III
OBLIGATIONS OF PLAN SPONSOR
Section 3.1 Privacy Notice. Plan Sponsor shall notify Business Associate of any limitation(s) in the Plans’ notice of
privacy practices to the extent such limitation(s) may affect Business Associate’s use or disclosure of Protected Health Information.
Section 3.2 Designated Plan Sponsor Employees. Plan Sponsor shall identify for Business Associate the Designated
Plan Sponsor Employees and shall promptly notify Business Associate of any additions to or deletions from the list of Designated Plan
Sponsor Employees.
Section 3.3 Amendment of Plan Document and Certification. Plan Sponsor hereby represents that it has provided
certification to the Plans that the Plan documents have been amended to incorporate, and Plan Sponsor agrees to, the provisions required
by the Privacy Standards as a precondition to disclosure of Protected Health Information to Plan Sponsor.
Section 3.4 Permissions. Plan Sponsor shall provide Business Associate with any changes in, or revocation of,
permission by an Individual to use or disclose PHI, if such changes affect Business Associate’s permitted or required uses and disclosures
thereof.
Section 3.5 Restrictions. Plan Sponsor shall notify Business Associate of any restriction on the use or disclosure of
PHI agreed to by Plan Sponsor in accordance with 45 CFR §164.522, to the extent that such restriction may affect Business Associate’s
use or disclosure of PHI.
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ARTICLE IV
TERMINATION OF AGREEMENT
Section 4.1 Termination Upon Breach of Provisions Applicable to Protected Health Information.
Notwithstanding any other provision herein, this BAA may be terminated by either party upon thirty (30) days prior written notice to the
other party in the event that the other party materially breaches any obligation of this BAA and fails to cure the breach within such thirty
(30)-day period; provided, however, that in the event that termination of this BAA is not feasible, the breaching party acknowledges that
the non-breaching party shall have the right to report the breach to the Secretary.
Section 4.2 Return or Destruction of Protected Health Information Upon Termination. Upon termination of the
Contract or this BAA, Business Associate agrees to return or destroy all Protected Health Information if it is feasible to do so. Prior to
doing so, Business Associate further agrees to recover any Protected Health Information in the possession of its agents or subcontractors.
If it is not feasible for Business Associate to return or destroy the Protected Health Information, Business Associate will promptly notify
the Plans in writing. The notifications shall include (a) an identification of the Protected Health Information at issue, (b) a statement that
Business Associate has determined that it is infeasible for it to return or destroy the Protected Health Information in its possession and/or
in the possession of its agents or subcontractors, and (c) the specific reasons for such determination. Business Associate further agrees to
extend any and all protections, limitations, and restrictions contained in this BAA to its or its agent’s or subcontractor’s use and/or
disclosure of any Protected Health Information retained after the termination of the Contract, and to limit any further uses and/or
disclosure to the purposes that make the return or destruction of the Protected Health Information infeasible.
Section 4.3 Plan Sponsor’s Right of Cure. Plan Sponsor shall have the right to cure, at the expense of Business
Associate, any breach of Business Associate’s obligations under this BAA. Plan Sponsor shall give Business Associate notice of its
election to cure any such breach, and Business Associate shall cooperate fully in the efforts by Plan Sponsor to cure Business Associate’s
breach.
Section 4.4 Transition Assistance. Following the termination of the Contract for any reason, and subject to any
Transition of Services provision therein, Business Associate agrees to provide transition services for the benefit of the Plans, including
the continued provision of its services required under the Contract and this BAA, until notified by Plan Sponsor that another provider of
services is able to take over the provision of such services and the transfer of the Protected Health Information and other data held by
Business Associate related to its services under the Contract has been completed.
ARTICLE V
MISCELLANEOUS
Section 5.1 Modification of Agreement. No alteration, amendment, or modification of the terms of this BAA shall be
valid or effective unless in writing and signed by Business Associate and Plan Sponsor.
Section 5.2 Non-Waiver. A failure of any party to enforce at any time any term, provision or condition of this BAA,
or to exercise any right or option herein, shall in no way operate as a waiver thereof, nor shall any single or partial exercise preclude any
other right or option herein. In no way whatsoever shall a waiver of any term, provision, or condition of this BAA be valid unless in
writing, signed by the waiving party, and only to the extent set forth in such writing.
Section 5.3 Agreement Drafted by All Parties. This BAA is the result of arm’s length negotiations between the
parties and shall be construed to have been drafted by all parties such that any ambiguities in this BAA shall not be construed against
either party.
Section 5.4 Severability. If any provision of this BAA is found to be invalid or unenforceable by any court, such
provision shall be ineffective only to the extent that it is in contravention of applicable laws without invalidating the remaining provisions
hereof.
Section 5.5 Section Headings. The section headings contained herein are for convenience in reference and are not
intended to define or limit the scope of any provision of this BAA.
Section 5.6 Third Party Beneficiaries. There are no third party beneficiaries to this BAA.
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Exhibit G
FLEXIBLE SPENDING ACCOUNT (“FSA”) ADMINISTRATION
RECITALS
WHEREAS, the County has adopted an Internal Revenue Code Section 125 (26 USC § 125) Cafeteria Plan (the “125 Plan”) for its
eligible employees and participants, and included in the 125 Plan is one or more of the following plans or arrangements: a health flexible
spending arrangement (“Health FSA”); a dependent care flexible spending arrangement (“Dependent Care FSA”) (a Health FSA and a
Dependent Care FSA are referred to collectively as an “FSA”); and/or a limited purpose health flexible spending arrangement (“Limited
Health FSA”); (individually and collectively, as the context may require, the foregoing shall be referred to as the “Plan”); and
WHEREAS, County is the administrator of the Plan; and
WHEREAS County desires Businessolver to assist in its administration of the Plan, and Businessolver desires to assist County in the
administration of the Plan;
NOW, THEREFORE, in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
AGREEMENT
ARTICLE 1. FSA Services.
Section 1.1. FSA Services. Businessolver shall provide to County the services described in the Schedules attached to this Exhibit
G to the Contract ("FSA Services"). Such FSA Services may be provided by Discovery Benefits, Inc. (“DBI”) or another qualified third
party service provider as mutually agreed by the parties.
Section 1.2. Plan Administrative Assistance. County has established the Plan for the exclusive benefits of its employees and
authorized participants. County remains the administrator of the Plan, including the establishment of eligibility and benefits and funding
payment of benefits owed to participants under the Plan. Businessolver shall assist County in the administration of the Plan as provided
in these Schedules. Businessolver’s duties with respect to the Plan are limited to those expressly provided for in these Schedules. The
Plans covered for FSA Services under these Schedules are limited to Plans selected by County via the Businessolver portal or design
guide. If a Plan is not selected, the Plan is not covered for FSA Services, and Businessolver shall have no responsibility or duty with
respect to such non-selected Plan. County acknowledges and agrees that the FSA Services provided by Businessolver pursuant to these
Schedules relate to enrollment and disenrollment in the Plan and that these FSA Services to the extent permitted under HIPAA shall be
deemed to be performed by Businessolver on behalf of County in its capacity as the sponsor of the Plan. County further acknowledges
and agrees that Businessolver may use or disclose enrollment or disenrollment information that it receives from County with respect to a
particular participant to provide additional services, including website links to value added services, to the participant without cost to
County.
Section 1.3. Plan Fiduciary. Except as provided below in Section 1.3.1, County agrees that Businessolver is not the plan
administrator, the named fiduciary or a plan fiduciary under the Plan as such terms are described under ERISA. Businessolver shall have
no power or authority to waive, alter, breach or modify any terms and conditions of the Plan. Custodian (defined below) shall make
payments or distributions from the Custodial Account in accordance with the framework of policies, interpretations, rules, practices, and
procedures set forth in the Plan, these Schedules, and as otherwise agreed upon or directed by County.
1.3.1. Total Authority. Except as otherwise expressly provided in these Schedules, County has total control and
discretionary authority over the Plan and the manner in which the Plan is operated. Businessolver’s duties with respect to the Plan are
limited to the acts as an agent of County only for the processing of qualifying expense/reimbursement requests as provided under these
Schedules.
1.3.2. Non-Discretionary Acts. Except as provided above in Section 1.3.1, Businessolver shall neither have nor shall be
deemed to exercise any discretion, control or authority with respect to the disposition of County funds. County agrees that the use of or
offset or recoupment of funds in the Custodial Account to pay fees or other undisputed amounts due to Businessolver pursuant to these
Schedules or any other agreement between the parties constitutes a County action that is authorized by County under these Schedules and
agrees that such actions are not discretionary acts of Businessolver and do not create fiduciary status for Businessolver.
Section 1.4. HIPAA Excepted Benefits. Businessolver’s standard administrative procedures for the administration of Health
FSAs and Limited Health FSAs are based on the assumption that County’s Health FSA and Limited Health FSA (as applicable) are
HIPAA excepted benefits under DOL Reg. Section 2590.732(c)(3)(v) and Treas. Reg. Section 54.9831-1(c)(3)(v).
Section 1.5. Businessolver Performance. Businessolver agrees that it will perform FSA Services on the Plan’s behalf as set forth
in these Schedules, including any attachments to these Schedules. However, Businessolver will not undertake any duties or
responsibilities regardless of whether they are set forth in the Plan if such actions are in violation of any applicable law or regulation.
1.5.1. Reliance on Information and Instructions. Businessolver shall provide the FSA Services in accordance with these
Schedules based on information that is provided to Businessolver by County or any agent, designee or representative of County. For this
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purpose, the term “information” means all data, records, and other information supplied to Businessolver, obtained by Businessolver or
produced by Businessolver (based on data, records or other information supplied to, or obtained by, Businessolver) in connection with
performing the FSA Services pursuant to these Schedules, regardless of the form of the information (e.g., paper, oral, electronic etc.) or
the manner in which the information is provided to Businessolver.
1.5.2. Implementation of Standard Forms. County has authorized and instructed Businessolver to implement its standard
administrative forms and procedures to provide FSA Services in accordance with these Schedules, which may be revised by
Businessolver at any time without notice. Businessolver shall be fully protected in relying upon representations by County set forth in
these Schedules. Businessolver shall be fully protected in relying upon communications made by or on behalf of County in effecting its
obligations under these Schedules. Businessolver is entitled to rely on the most current information in its possession when providing
FSA Services under these Schedules.
1.5.3. Health Plan Identifier. County acknowledges and agrees that Businessolver does not, and shall not, have any
responsibility for obtaining one or more health plan identifiers (“HPID”) for the Plan from the Enumeration System identified in 45
C.F.R. § 162.508 or for updating the Enumeration System with respect to the HPID.
ARTICLE 2. Fees.
Section 2.1. Payment of Fees. County shall pay to Businessolver the fees set forth in Exhibit A and Schedule G-3, attached to
hereto and by this reference shall be incorporated herein.
Section 2.2. Failure to Pay Fees. Notwithstanding anything in these Schedules, this Exhibit or the Contract between the parties to
the contrary, if County fails to pay Businessolver within the required time period, any amount (except for amounts subject to a good faith
dispute) that is due as a result of any product or service provided by Businessolver to County under these Schedules, Businessolver shall
be permitted to deduct (in accordance with Section 1.3.2 the undisputed past due amount from any funds held by Businessolver that were
received from County without additional prior notice or approval of County. This right of offset shall be in addition to any other
remedies that Businessolver may have under these Schedules or the Contract between the parties with respect to such non-payment,
including, without limitation, any right to terminate these Schedules or a right to recoupment, regardless of whether the past due amount
is paid in full as a result of the offset or recoupment rights provided herein.
ARTICLE 3. Plan Documents and Plan Document Compliance.
Section 3.1. Sample Documents. Businessolver shall assist County in the establishment and operation of the Plan by providing
sample documents, including a sample plan document, a sample summary plan description, and other sample documents relating to the
administration of the Plan for review by County. The sample plan document, the sample summary plan description, and the other sample
documents provided by Businessolver are based on the legal and regulatory requirements then in effect and on Businessolver’s internal
policies and procedures, which may change from time to time. County is under no obligation to use the sample documents from
Businessolver in establishing and maintaining the Plan. Businessolver provides sample amendments to the plan when regulations change
or when requested by County due to County changing plan design. Businessolver also provides County with sample amendments to its
sample documents for review by County. If County uses its own plan document and/or summary plan description, Businessolver shall
not be obligated to provide any amendments or updates other than those described in the preceding sentence.
Section 3.2. Plan Amendments. County shall provide Businessolver with a copy of any contemplated amendment to the Plan no
less than thirty (30) days prior to the anticipated amendment effective date. Under no circumstances may County adopt any amendment
that would alter Businessolver’s FSA Services or obligations under the Contract without prior written consent of Businessolver.
Businessolver has no obligation to provide any Plan amendments to County other than described in Article 3.
Section 3.3. Forms. Businessolver shall provide Customer administrative forms for use in administering the Plan. All forms and
all user guide information will be subject to periodic updates and revision. Businessolver shall also provide Customer instructions and
forms for the processing of benefit claims under the Plan.
Section 3.4. Plan Compliance. Customer is responsible for the final content of all Plan materials and documents. It is Customer’s
responsibility to ensure that the Plan documents and any amendments to the Plan documents, including any sample documents provided
under this Schedule, are legally compliant for Customer’s purposes, appropriately completed, in compliance with the requirements of
Customer’s Plan, and appropriately and timely adopted by Customer. Customer shall file with the appropriate governmental agencies all
required returns, reports, documents, and other papers relating to the Plan. Customer shall distribute to its employees participating in the
Plan all materials and documents as may be necessary or convenient for the operation of the Plan and to satisfy the requirements of
applicable law. Customer shall provide Businessolver with an executed copy of its Plan document(s).
Section 3.5. Summary Plan Description. Customer shall be responsible for the distribution of a copy of the summary plan
description and/or the summary of benefits and coverage to its employees participating in the Plan.
ARTICLE 4. RECORDS, REPORTS AND FORMS.
Section 4.1. Recordkeeping. Businessolver shall assist Customer in the development and maintenance of administrative and
recordkeeping systems for the Plan. Recordkeeping services are listed in the FSA Services and Recordkeeping Addendum.
Section 4.2. Information for Customer Reporting. Businessolver shall provide Customer with general information about reporting
and disclosure requirements that relate to the Plan and information reasonably available to Businessolver that is necessary for Customer
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to prepare the annual Form 5500. Businessolver shall not be responsible for the accuracy of any information provided by Customer nor
shall Businessolver be responsible for determining the level of compliance required by the Plan. It is the sole responsibility of Customer
to assure compliance with all legal reporting and disclosure requirements.
Section 4.3. Additional Reports. The reports as set forth in Schedule G-3 shall be provided to Customer.
ARTICLE 5. Claims Processing.
Section 5.1. Payment of Claims. Using funds received from County, Businessolver shall pay the amounts due as a result of the
operation of the Plan and in compliance with the participant’s current Plan elections. Businessolver shall process claims received from
County or from Plan participants on a daily basis during regular business hours (6:00 a.m. to 6:00 p.m. Central Standard Time, Monday
through Friday excluding holidays). Businessolver shall arrange for the payment of approved reimbursement requests as provided in the
Plan.
Section 5.2. Initial Claims. Businessolver shall consider any initial claim for benefits made under the Plan provided the claim
is submitted in accordance with the Plan, the summary plan description, and any reasonable rules established by Businessolver and
communicated to participants.
5.2.1. Businessolver will accept or deny (in whole or in part) an initial claim for benefits after making such investigation as
it deems necessary.
5.2.1.1. To the extent Businessolver determines that a participant is entitled to the claimed benefits under the Plan,
Businessolver will arrange for the proper payment from the Plan using the funds provided by County.
5.2.1.2. To the extent Businessolver determines that a participant is not entitled to claimed benefits under the Plan,
Businessolver shall provide to such participant a written notification of its decision as soon as administratively practicable after the claim
was received by Businessolver, but no later than within the time required per Section 503 of ERISA and 29 C.F.R. § 2590.715-2719 as
applicable. The written notice shall comply with the requirements set out in Section 503 of ERISA and 29 C.F.R. § 2590.715-2719 as
applicable.
5.2.1.3. To the extent that Businessolver provides written non-English assistance to a participant during the course
of claims processing as required by Section 503 of ERISA and 29 C.F.R. § 2590.715-2719 as applicable, County shall reimburse
Businessolver for the related fees and expenses, if any.
5.2.1.4. Businessolver has established procedures to receive appeals of initial denials of benefit claims.
Businessolver shall be responsible for making the decision to accept or deny (in whole or in part) all initial appeals of denied benefit
claims consistent with Section 503 of ERISA and 29 C.F.R. § 2590.715-2719 as applicable. Businessolver shall be responsible for
notifying the participant of its decision regarding the appeal consistent with Section 503 of ERISA and 29 C.F.R. § 2590.715-2719 as
applicable. In accordance with the summary plan description, participants have the right to a second appeal which shall be made to the
Plan Administrator.
5.2.1.5. In making decisions regarding claims for benefits and appeals of denied benefit claims, Businessolver shall
have discretionary authority to construe and interpret the terms of the Plan and to determine whether a benefit claim is properly payable
under the Plan.
Section 5.3. Call Recording. In compliance with federal and state law, Businessolver may monitor and/or record calls that are
made to and from the County service line for quality assurance and training purposes and/or to ensure that Businessolver’s FSA Services
fully comply with the terms of these Schedules.
Section 5.4. Claim Fiduciary. Businessolver has a fiduciary duty only to the extent described in Section 6.1. All remaining
fiduciary duties under the Plan are the responsibility of County. Notwithstanding anything herein to the contrary, County shall be
responsible for all eligibility claims, eligibility appeals, and eligibility determinations.
ARTICLE 6. County Funds and Custodial Account.
Section 6.1. Appointment and Acceptance of Custodian. By signing this Contract, County shall appoint a custodian of County
funds (“Custodian”), as set forth in the attached Schedule G-4, for the purposes and upon the terms and conditions set forth in these
Schedules, and the appointed Custodian shall accept such appointment and agrees to act as Custodian hereunder and to hold any County
funds received hereunder in accordance with the terms and conditions set forth in these Schedules.
Section 6.2. Custodial Account. Custodian shall maintain one or more depository accounts (“Custodial Account”) as set forth in
Schedule G-4 and shall hold in such Custodial Account all funds initially received from County plus any additional funds that may be
received from County for Custodial Account from time to time. For administrative convenience and to reduce costs, Custodian shall hold
funds received from County together with similar funds from other customers in a single Custodial Account (or one or more Custodial
Accounts as determined by Custodian). Custodian shall maintain records as to the exact amount of funds attributable to County so that
County has a legal right to the specific amount of its funds held in the Custodial Account (less any applicable fees, costs or expenses as
set forth in these Schedules). At all times, the assets comprising County’s funds in the Custodial Account shall be considered a separate
subaccount for purposes of these Schedules. Depending upon the context, the term “Custodial Account” as used herein shall refer to
either the separate subaccount for County or all of the subaccounts for all customers in the aggregate.
Section 6.3. Funds. Funds received by Businessolver from County for the payment of Plan benefits shall be held in the Custodial
Account pursuant to Article 6.
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Section 6.4. County’s General Assets. Custodian and County intend and agree that all funds received from County for deposit in
the Custodial Account shall be comprised of and shall remain County’s general assets. In no event will funds received from County and
deposited in the Custodial Account constitute or include participant or employee contributions to employee benefit plans, whether made
by salary reduction or otherwise, as those terms have their general meaning under ERISA. Except to the extent that outstanding checks
have been written or withdrawals have been made against the Custodial Account balance on behalf of County, and subject to Section 2.2,
all funds received from County and deposited in the Custodial Account may be withdrawn by County at any time (less applicable fees,
costs or expenses as set forth in these Schedules) and are subject to the claims of County’s general creditors in the same manner as funds
contributed to County’s ordinary checking accounts. Notwithstanding the foregoing, these Schedules does not alter or eliminate any
separate obligation of County to fund and maintain the Minimum Account Balance in the Custodial Account as described in Section 6.8.
Section 6.5. Disbursements. Custodian shall make payments or distributions from the Custodial Account in accordance with the
framework of policies, interpretations, rules, practices, and procedures established by Businessolver for this purpose and as set forth in
the Plan or as otherwise agreed upon or directed by County. Custodian or Businessolver shall not have nor shall be deemed to have any
discretion, control or other authority with respect to the disposition of County funds. Custodian and Businessolver shall be responsible
for administering the funds in accordance with the terms of these Schedules. Funds shall be disbursed from the Custodial Account by
Custodian only for an allowable Plan expense as determined by County or a representative of County (including Businessolver) or as
otherwise required by a court of competent jurisdiction.
Section 6.6. Claims Based Funding. If County selects the claims based funding method to pay claims, County gives
Businessolver, and its designee, approval to withdraw applicable amounts from County’s United States bank account to deposit in the
Custodial Account from which disbursements can be made on County’s behalf for payment of qualifying expenses, which are otherwise
specified by County in its Plan document or as provided for under the Code. Disbursements will not be made until the amounts are
credited to the Custodial Account.
Section 6.7. Contribution Funds. County shall deposit contribution funds in the Custodial Account to be used to pay benefits and
expenses under the Plan as agreed to herein and in accordance with the Plan documents. Funds contributed to the Custodial Account
shall consist solely of general assets of County. Participant contributions, if any, made by employees to the Plan through salary reduction
or otherwise, shall be used to reimburse County for the contributions advanced by County to pay benefits under the Plan. County has the
sole responsibility and liability for the funding of all benefits under the Plan.
Section 6.8. Deduction/Contribution Based Funding Method. If County selects the deduction/contribution based funding method
to pay claims, County establishes a pre-determined initial deposit amount that will adequately fund the reasonable needs of the Plan (the
“Minimum Account Balance”) to be deposited into the Custodial Account. If the deposited amount falls below the Minimum Account
Balance, County will be notified of the deficiency and will be required to provide additional funds until such time the Minimum Account
Balance can be restored. If County fails to immediately restore the Minimum Account Balance, Businessolver has the right to suspend
all FSA Services under these Schedules until County is able to restore the Minimum Account Balance.
Section 6.9. Overpayment Recovery. If Custodian determines that it has paid benefits to an ineligible person or paid more
than the appropriate amount, Custodian and Businessolver shall, with County’s full cooperation, undertake a good faith effort to recover
such erroneous payment. For purposes of this provision, Custodian shall have the sole discretion to determine what constitutes a “good
faith effort,” which effort may vary from time to time depending upon the circumstances of the overpayment, but may include
Custodian’s attempt to contact the participant twice via letter, phone, email or another means about the recovery of the payment at issue.
Section 6.10. Unused Amounts and Unclaimed Amounts. Except for those amounts that are subject to any Health FSA carryover
elected by the Plan in accordance with IRS Notice 2013-71, 71 (as such guidance may be modified or updated) all amounts that remain
unused in an FSA after the end of the period specified by the Plan during which a participant can make a claim plus any periods for
appeal or claim dispute, shall be forfeited by the participant and returned to County less any applicable fees and expenses owing to
Businessolver under these Schedules. The direct terms of an applicable Plan may alter the forfeiture provisions of this Section 6.10 only
with respect to a Plan participant. Any amounts unclaimed by participants, including any unclaimed reimbursement checks (or other
methods of payment) that have been issued but remain unendorsed or uncashed and unpaid after the end of the plan year’s run-out period
elected by the Plan, shall be returned to County less any applicable fees and expenses that are due and owing to Businessolver under
these Schedules. County shall be responsible to report unclaimed amounts in accordance with applicable state escheat laws.
Section 6.11. Interest Earned. County acknowledges and understands that from time to time Custodian may receive interest earned
on the funds held in the Custodial Account and that any such interest shall be part of Businessolver’s compensation. County
acknowledges and understands that fees otherwise charged by Businessolver for FSA Services under these Schedules would be greater if
Businessolver did not retain such interest on these funds. The period during which interest may be earned begins on the date the funds
are deposited in the Custodial Account and ends when these Schedules terminate. Funds shall be disbursed on a first-in, first-out basis.
Section 6.12. Maintenance of Records. Upon County’s written request, Custodian shall provide County with an accounting of all
assets and transactions involving the Custodial Account in relation to County, including a description of all receipts, payments or
disbursements, and other transactions.
ARTICLE 7. [Reserved]
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ARTICLE 8. Confidentiality of Plan Information.
Section 8.1. Businessolver shall keep confidential all information that it obtains concerning the Plan. Other than in due course of
business, such information shall not be disclosed without prior approval of County or as otherwise provided in accordance with the
Schedules. County may request that Businessolver share a Plan and other data with another vendor of the Plan. Businessolver shall
consider all reasonable requests, however, prior to releasing or sharing any Plan information or other data with another vendor,
Businessolver requires County to enter into a confidentiality and data sharing agreement with the vendor. County shall make a copy of
such agreement available to Businessolver upon request.
ARTICLE 9. Audit.
Section 9.1. Claims Audit. During the term of this Contract, and at any time within six (6) months following its termination,
County (or a mutually agreeable third party auditor) may audit Businessolver to determine whether Businessolver is fulfilling the terms
of these Schedules with respect to processing claims for benefits. The audit shall be limited to such processing claims for benefits
information relating to the calendar year in which the audit begins and /or the immediately preceding calendar year. Businessolver will
provide timely inquiry and feedback regarding the sample size and sampling methodology as it relates to the objective of the audit. The
audit must be completed within six (6) months following the date the audit begins. The place, time, type, duration, and frequency of any
audit must be reasonable and mutually agreeable. County shall pay or cause to be paid any expenses that it incurs in connection with the
audit.
Section 9.2. Audit Process. Any audit will be subject to these additional requirements:
i. County must provide Businessolver with a sixty (60) day advance written notice of its intent to audit.
ii. County must utilize individuals to conduct the audit who are qualified by appropriate training and experience for such work;
who will perform their review in accordance with published administrative safeguards and procedures against unauthorized use
or disclosure (in the audit report or otherwise) of any individually identifiable information (including health care information)
contained in the information audited; and who will not make or retain any record of payment identifying information
concerning treatment of drug or alcohol abuse, mental/nervous, HIV/AIDS or genetic markers in connection with the audit
(“Auditors”).
iii. At least thirty (30) days in advance of commencement of the audit, County must provide Businessolver with a complete and
accurate list of the transactions to be selected for audit, along with the specific service for which each transaction or item is
being tested. The sample must be based on a statistically valid random sampling methodology (e.g., systematic random
sampling, simple random sampling, and stratified random sampling).
iv. The Auditors must provide their draft findings to Businessolver before a final audit report is presented to County. The draft
findings will be the basis for discussion between the Auditors and Businessolver to resolve any disagreement and to summarize
the audit findings.
v. The Auditors must provide their final audit report to Businessolver before delivery to County and allow Businessolver to
include with the final audit report a supplementary statement containing facts that Businessolver considers pertinent to the
audit.
vi. The Auditors must provide Businessolver with a complete copy of the final audit report that is delivered to County.
vii. The audit will be subject to proprietary and confidentiality protections. Before the audit commences, County and any third
party auditor shall execute a non-disclosure and confidentiality agreement, the scope of which shall be reasonable and shall be
determined by Businessolver, consistent with any and all applicable public records laws.
Section 9.3. External Review. To the extent that the external review requirements set forth in 29 C.F.R. § 2590.715-2719 apply
to the Plan, Businessolver shall serve as a conduit for external review requests. Meaning, Businessolver will send appropriate
information to, and cooperate fully with, the external review organization conducting the review. Any cost, fee or expense related to the
review or request for review shall be paid by County. If Businessolver pays any such cost, fee or expense on behalf of County, County
shall reimburse Businessolver promptly upon request.
ARTICLE 10. Red Flags Rule.
Section 10.1. Red Flag Compliance. For the purposes of this Article 10, “Red Flags Rule” means regulation adopted by
various federal agencies, including the Federal Trade Commission, in connection with the detection, prevention, and mitigation of
identity theft and located at Federal Register Volume 72, Issue 217 (November 9, 2007), as amended. “Covered Services” means the
FSA Services provided by Businessolver with respect to the plan or plans selected and as described in Schedule G-2 FSA Debit Card
Addendum that allow Plan participants to pay for eligible expenses under the Plan with a debit card or other stored-value card, and any
other FSA Services provided by Businessolver pursuant to these Schedules that fall under the protections of the Red Flags Rule as
determined by Businessolver in its sole discretion. To the extent applicable, Businessolver shall comply with the Red Flags Rule with
respect to Covered Services. As part of its Red Flags Rule compliance, Businessolver shall adopt, maintain, and use appropriate and
commercially reasonable rules, procedures, and safeguards to detect and identify red flags and to prevent and mitigate identify theft as
required by the Red Flags Rule. Such rules, procedures, and safeguards shall be set forth in a written program (the “Red Flags
Program”). Businessolver shall, upon request, make available to County a copy of its Red Flags Program. The parties agree that if a
breach of unsecured PHI (as defined in the business associate agreement, Exhibit F to this Contract) occurs and a violation of the Red
Flags Rule occurs with respect to the same incident, both the Red Flags Rule and the provisions of the business associate agreement
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(Exhibit F to this Contract) shall apply, except that the notice requirements of the business associate agreement (Exhibit F to this
Contract) shall satisfy any notice obligations under the Red Flags Rules and this Article 10.
ARTICLE 11. warranties.
Section 11.1. Information Security Program. Businessolver represents and warrants that it has implemented and maintains a written
and comprehensive information security program, and complies with all applicable law and regulation, including without limitation state
privacy and data security law and regulation, such as the Massachusetts Standards for the Protection of Personal Information of Residents
of the Commonwealth (201 C.M.R. 17.00).
Section 11.2. Anti-Rebating Compliance. County represents and warrants that if someone other than County is making the payment
of Businessolver’s fees on behalf of County such payment does not violate any applicable anti-rebating law.
ARTICLE 12. COUNTY RESPONSIBILITIES.
Section 12.1. Compliance with Laws. County shall remain responsible for all Plan activities, including compliance with the Patient
Protection and Affordable Care Act of 2010 (the “PPACA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), the
Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Internal Revenue Code (the “Code”), and other applicable
law and regulation.
Section 12.2. Plan Tax Obligations. The Plan and/or County on behalf of the Plan, is responsible for any state or federal tax,
fee, assessment, surcharge and/or penalty imposed, assessed or levied against or with respect to the Plan and/or Businessolver relating to
the Plan or the FSA Services provided by Businessolver pursuant to these Schedules, including those imposed pursuant to PPACA, as
amended from time to time. This includes the funding, remittance, and determination of the amount due for PPACA required taxes and
fees. In the event that Businessolver is required to pay any such tax, fee, assessment, surcharge and/or penalty, Businessolver shall report
the payment to County along with documentation of the payment and County shall promptly reimburse Businessolver for such amount
(or for County’s proportionate share of such amount), except as provided in Section 13.1. This payment shall be in addition to the fees
described in Article 2. County is at all times responsible for the tax consequences of the establishment and operation of the Plan.
Businessolver is responsible for all taxes based upon its net income and its property ownership.
Section 12.3. Non-Discriminatory Plans – 125 Plans and FSA Tests. County must maintain non-discriminatory plans and is
responsible to complete required non-discrimination tests for the Plan. As such, County is responsible for taking immediate corrective
action in the event the Plan becomes discriminatory. Businessolver will cooperate with County to implement any corrective action that is
required as a result of the failure or potential failure of one or more applicable discrimination tests.
12.3.1. At no additional charge to County, Businessolver performs the following standard quantitative non-discrimination
tests on information provided by County: (i) Section 125 25% Key Employee Concentration Test; (ii) Section 129 More than 5% Owners
Concentration Test; and (iii) Section 129 55% Average Benefits Test. These standard non-discrimination tests shall be performed twice
during the plan year unless the parties agree otherwise. All other non-discrimination tests are the responsibility of County to complete.
For an additional charge, Businessolver may provide other non-standard non-discrimination testing services including re-running a test
that is failed.
12.3.2. County must provide Businessolver with the information necessary to perform the standard non-discrimination
testing services and in the file format required by Businessolver. County’s HRIS/payroll system is the system of record for non-
discrimination testing information. Businessolver may rely on the information provided by County in performing the testing for non-
discrimination testing.
ARTICLE 13. Indemnification.
Section 13.1. County Indemnification. County agrees to hold Businessolver harmless from and against any and all liability,
damages, costs, and losses and expenses (including attorney fees) that result from any of the following: (i) County’s breach of Section
11.2; (ii) any failure or alleged failure of County, its officers and employees, and any other entity related to or performing services on
behalf of County (other than Businessolver) to comply with PPACA, ERISA, HIPAA, the Code, and any other applicable law or
regulation or the provisions of these Schedules.
Section 13.2. County Instruction(s). County and Businessolver agree that if County instructs Businessolver with a specific
written request (in a format acceptable to Businessolver) to provide FSA Services in a manner other than in accordance with
Businessolver standard forms and procedures, Businessolver may (but need not) comply with such a request. This would include any
County request to add a vendor link to the consumer portal. To the extent that Businessolver complies with such a request, County and
not Businessolver shall be solely responsible for Businessolver’s action so taken, and County agrees to hold Businessolver harmless from
and against any and all liability, damages, costs, losses and expenses (including attorney fees) and expressly releases all claims against
Businessolver in connection with any claim or cause of action that results from or in connection with Businessolver complying with
County’s written requests to provide FSA Services in a manner other than in accordance with Businessolver’s standard procedures.
Section 13.3. Reliance on County. County further agrees to hold Businessolver harmless from and against any and all
liability, damages, costs, losses and expenses (including attorney fees) that result from any acts or omissions by Businessolver made in
reliance upon: (i) the direction or consent of County or any agent, designee or representative of County; or (ii) inaccurate, misleading or
incomplete information received by Businessolver from anyone other than Businessolver, its partners, agents or subcontractors.
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Section 13.4. County Release. County expressly releases all claims against Businessolver in connection with any claim or cause
of action based on any activity or occurrence prior to the Effective Date that results from the failure or alleged failure of County, its
officers and employees, and any other entity related to or performing FSA Services on behalf of County to comply with PPACA, ERISA,
HIPAA, the Code, and any other applicable law or regulation.
Section 13.5. County, Employee, and Plan Participant Fraud. County is solely responsible for making the Plan whole if fraud is
committed against the Plan by its employees or Plan participants. Businessolver will assist in pursuing or correcting such actions using
its standard procedures.
Section 13.6. Disclaimer. Businessolver does not insure or underwrite County’s liability to provide benefits under the Plan.
Businessolver shall not be liable or use its funds for payment of benefits under the Plan, including, without limitation, where such
payment of benefits is sought as damages in an action against County, Businessolver or the Plan.
Section 13.7. Notice of Litigation. Businessolver shall notify County promptly of any summons, complaint or other communication
concerning threatened litigation and any inquiry by any governmental agency that is related to the Plan unless such notification would be
a violation of applicable law.
ARTICLE 14. CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY.
Section 14.1. General Obligations. For purposes of this Article 14, “confidential information” shall mean any information
identified by either party as “Confidential” and/or “Proprietary”, or which, under the circumstances, ought to be treated as confidential or
proprietary, including non-public information related to the disclosing party’s business, employees, service methods, software,
documentation, financial information, and product plans (including “information” as that term is defined in Section 1.5.1). Neither
Businessolver nor County shall disclose confidential information of the other party. The receiving party shall use reasonable care to
protect the confidential information and ensure it is maintained in confidence, and in no event use less than the same degree of care as it
employs to safeguard its own confidential information of like kind. The foregoing obligation shall not apply to: any information that is at
the time of disclosure, or thereafter becomes, part of the public domain through a source other than the receiving party; is subsequently
learned from a third party that does not impose an obligation of confidentiality on the receiving party; was known to the receiving party
at the time of disclosure; was generated independently by the receiving party; or is required to be disclosed by law, subpoena or other
process. Businessolver may disclose County’s or the Plan’s confidential information to a governmental agency or other third party to the
extent necessary for Businessolver to perform its obligations under these Schedules or if County has given Businessolver written
authorization to do so. Each party agrees that its obligations contained in this Article 14 apply also to its partners, agents and employees,
and to all of its parent, subsidiary, and affiliated companies, if any, and to similarly bind its successors, employees, agents, and
representatives.
Section 14.2. Financial Statements and Audit Information. If County requests access to certain financial statements and/or service
organization control audits or other audit information of Businessolver for the purpose of reviewing the financial, operating, and business
condition of Businessolver, County’s acceptance of or access to such confidential information shall constitute its agreement with the
following:
14.2.1. County shall maintain the information (whether communicated by means of oral, electronic or written disclosures) in
confidence and shall not use the same for its own benefit, or for any purpose other than the furtherance of its review, or disclose the same
to any third party.
14.2.2. County may only disclose the information to its own officers, employees, and agents on a need-to-know basis for the
purposes of its review.
Section 14.3. Intellectual Property. All materials, including, without limitation, documents, forms (including data
collection forms provided by Businessolver), brochures, and online content (“Materials”) furnished by Businessolver to County are
licensed, not sold. County is granted a personal, non-transferable, and nonexclusive license to use Materials solely for County’s own
internal business use. County does not have the right to copy, distribute, reproduce, alter, display or use these Materials or any
Businessolver trademarks for any other purpose other than its own internal business use. County shall use commercially reasonable
efforts to prevent and protect the content of Materials from unauthorized use. County’s license to use Materials ends on the termination
date of these Schedules. Upon termination, County agrees to destroy Materials or, if requested by Businessolver, to return them to
Businessolver, Businessolver retains exclusive ownership rights to and reserves the right to independently use its experience and know-
how, including processes, ideas, concepts, and techniques acquired prior to or developed in the course of performing FSA Services under
these Schedules.
ARTICLE 15. TERM AND TERMINATION OF THESE SCHEDULES.
Section 15.1. Automatic Termination of Schedules. These Schedules shall automatically terminate under the following
circumstances:
15.1.1. If any law is enacted or interpreted to prohibit the continuance of these Schedules, upon the effective date of such law
or interpretation;
15.1.2. If County’s Contract with Businessolver is terminated under its own provisions.
Section 15.2. Run-Out Period. If these Schedules are terminated under Article 15, Businessolver will immediately cease the
performance of FSA Services unless both parties agree in writing that the FSA Services shall continue while Businessolver performs
during a run-out period. If County engages Businessolver to administer a run-out period, and upon prepayment if requested by
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Businessolver of the fee for the run-out period, Businessolver will continue to process qualifying expense reimbursements and to provide
general Plan administration and FSA Services with respect to any claims that are received by Businessolver on or before the end date
agreed upon by the parties.
Section 15.3. Completion of FSA Services. Upon the termination of these Schedules and/or the Contract, Businessolver will cease
the processing of any claims that are received and County shall be immediately responsible for all aspects of its Plan, including the
processing of all claims, annual reporting, and general plan administration. Businessolver shall promptly return to County any funds in
the Custodial Account that have not been used for Plan benefit payments, along with any unpaid or other pending payment requests
and/or subsequent claims that are received after the end date of any specific run-out period. However, such return shall remain subject to
the completion of a final accounting of all account activities, as well as the deduction of any undisputed unpaid fees and other expenses
under these Schedules or any other agreement between the parties. As necessary, Businessolver shall have the immediate right to
demand and pursue collection of any unpaid fees, reimbursements or other amounts that are due and owing to Businessolver as of the
date of termination under the terms of these Schedules or any other agreement between the parties. The Contract will remain in force
during any specified run-out period.
Section 15.4. Final Accounting. Within sixty (60) days after the later of the termination of these Schedules or the specified run-
out period, Businessolver shall prepare and deliver to County a complete and final accounting and report of the financial status of the
Plan as of the date of termination together with all books and records in Businessolver’s possession and control pertaining to the
administration of the Plan, all claim files, and all reports pertaining to the Plan.
Section 15.5. Plan Data. Upon termination of this Contract, Businessolver is entitled to retain a copy of all information (as
information is defined in Section 1.5.1), including any data, records, and files released by Businessolver pursuant to Section 9.2 and to
use and disclose such information for claims and audits, and for legal and contractual compliance purposes to the extent permitted by
law. Businessolver shall retain for eight (8) years, from the date the record is created at Businessolver, Plan records under these
Schedules, including without limitation records of all assets and transactions involving the Custodial Account (defined in Article 6).
Businessolver shall cooperate with County or County’s subsequent service provider to effect an orderly transition of FSA Services
provided under these Schedules and, within a reasonable time, will release to County in Businessolver’s standard format, a copy of all
data, records, and files.
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SCHEDULE G-1
FSA SERVICES AND RESPONSIBILITES
I. Implementation and Ongoing FSA Services
In addition to those items identified in this Exhibit G,
A. FSA Eligibility
County Responsibilities
Determining which of its employees are eligible to participate in the respective plan
Collect the required information from employees and to inform Businessolver of such affected or eligible employees
Provide Businessolver a complete list of employees eligible to participate in the Plan
Notify Businessolver on a monthly basis of any changes in eligible employees.
Provide Businessolver with any demographic and related information that Businessolver may need to perform its
services under these Schedules.
Businessolver Responsibilities
If there are insufficient County funds available to restore the erroneous payments or the requested reimbursement of
funds would otherwise cause the Minimum Account Balance deposit to become insufficient, Businessolver may
suspend all services under these Schedules and request immediate restoration of funds from County.
B. FSA Enrollment
County Responsibilities
Assist in the enrollment of the employees in the Plan,
Cooperate with Businessolver regarding the proper settlement of claims
Transmit any inquiries pertaining to the Plan to Businessolver.
Collect from employee(s) any erroneous payments from the employee due to late enrollment.
C. FSA Online County Account- In the event County accesses services provided by Businessolver online or through any mobile
or other electronic devices (“Online Account”), County is solely responsible for the following:
County Responsibilities
Designating who is authorized to have access to the Online Account
Safeguarding all of County’s passwords, usernames, logins or other security features used to access the Online
Account (“Online Account Access”)
County’s use of the Online Account under any usernames, logins or passwords
Ensuring that use of the Online Account complies fully with the provisions of these Schedules
Any unauthorized access or use of the Online Account caused by County’s actions or inactions, including, without
limitation, its failure to safeguard the Online Account or Online Account Access.
D. FSA Debit Card Payments-- All participants in a Health FSA, or Dependent Care FSA shall automatically receive one or
more debit cards, for which the terms of the Debit Card Addendum shall control.
E. FSA Reports
Businessolver Responsibilities
Businessolver shall make available to County the following reports:
o County Funding Report (daily or monthly – the frequency of this report is dependent on funding method
selected).
o Payment History Report (on demand).
o Enrollment Report (monthly and on demand).
o Account Balance Detail Report (monthly and on demand).
o Payroll Deduction Report (frequency based on payroll frequency for auto-post groups).
o Statement of fees due to Businessolver (monthly invoice).
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SCHEDULE G-2
FSA DEBIT CARD ADDENDUM
To the extent that debit cards are provided with respect to FSA accounts, the following additional provisions shall apply with respect to
the debit card services. Unless otherwise provided below, all of the provisions of the Contract shall apply to the provision of debit card
services as well. Debit cards are referred to as "Card" in this Schedule G-2- FSA Debit Card Addendum.
A. Definitions
1. “Account” means the FSA, as the context requires and as elected by County as part of this Contract
2. “Card Transaction” means when the Card is presented for payment of Qualified Services (defined below).
3. “Employee” means those employees eligible to participate in the Plan.
4. “Plan Participants” or “Participant(s)” mean individuals that are participating in the Accounts.
5. For a Health FSA, “Qualified Services” include any and all related goods and services within the meaning of the term
"medical care" or "medical expense" as defined in Code Section 213 and the rulings and Treasury regulations
thereunder to the extent that such goods and services are allowable for the Account in question.
B. General Provisions- As provided in these Schedules, County has authorized and instructed Businessolver to implement its
standard administrative procedures to provide services in accordance with these Schedules. Such standard administrative
procedures may be different for Card Transactions with respect to a Health FSA, and with respect to one or more groups of
Card Transactions, as determined solely by Businessolver. Such standard administrative procedures may change without
notice, as determined solely by Businessolver.
1. Businessolver Responsibilities:
a. Businessolver shall be responsible to provide administrative services to Participants, including updating
Participant records, maintaining accurate account balances and deposit information, activating and
deactivating Cards, responding to Participant inquiries and providing appropriate notices of actions taken.
b. Businessolver agrees to reasonably ensure compliance with proper use of the Card and take whatever action
is necessary to investigate and resolve errors in Card Transactions asserted by Participants within five (5)
business days.
c. Businessolver agrees to cancel, as soon as is practical, access to a Participant's account when a Card is
reported as lost or stolen.
d. Businessolver agrees, upon notice from County of termination or ineligibility of a Participant to deactivate,
as soon as is practical, such Participant’s Card. Should County fail to provide this notice in a timely
manner causing payment of ineligible expenses, County will be responsible for all costs incurred for
subsequent Card Transactions made by the terminated or ineligible Participant.
e. Businessolver will make available to County, for distribution to the Participants, information as to the
proper use of the Card.
2. County Responsibilities:
a. County agrees to notify Businessolver immediately upon suspicion or confirmation of inappropriate or
fraudulent Card use.
b. The liability for payment of claims falls on County or the Plan Participant. Any additional costs, including
administrative costs, shall be paid by County or Plan Participant. In no event shall Businessolver be
responsible for these payments.
c. County agrees to administer the Plan in accordance with the rules and regulations of the Plan and these
Schedules.
d. County understands and acknowledges that the origination of ACH transactions to the account must
comply with the provisions of U.S. law.
e. County agrees to provide all information to be included in any reports or other required documents in a
timely fashion, as established by the rules of all governmental entities involved with the Plan, including but
not limited to the Department of Labor and the Internal Revenue Service.
C. Settlement Provisions
1. County has, in conjunction with this Schedule, executed and delivered an Authorization Agreement for Direct
Payment form to Businessolver that, among other things, authorizes the issuer of Cards ("Issuer") to debit the account
("Account") designated by County on such Authorization Agreement for Direct Payment as more fully set forth
therein and in this Addendum.
2. All information regarding County and its Account in the Authorization Agreement for Direct Payment is true and
correct. County will provide the Issuer's company ID and routing number to County's Depository. If County wishes
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to change the designated Account, County must submit the change to Issuer in writing at least ten (10) days before
the intended effective date of the change.
3. Each business day, Issuer is authorized to debit County's Account in the amount required to settle all Card
Transactions ("Daily Settlement Amount"). Each business day, collected and available funds in County's Account
must be greater than or equal to the Daily Settlement Amount for the previous business day.
4. Notwithstanding whether there are sufficient funds in the Account to pay a debit originated by Issuer, County shall
reimburse Issuer for all Card Transactions irrespective of whether any authorization for a Card Transaction was made
in accordance with the terms of the applicable health or other County Plan.
5. If County fails to fund the Account to settle with Issuer for Card Transactions, fails to reimburse Issuer for all Card
Transactions, or breaches its obligations to Issuer, Issuer may, at its option, suspend or terminate all Cards or change
the method by which County may settle with Issuer for Card Transactions, including requiring County to prefund a
settlement account at Issuer.
6. County acknowledges that Issuer is not a party to the Contract between County and Businessolver and Issuer has no
obligation or responsibility to process and or adjudicate benefit claims. Issuer's sole role is to issue Cards and to
make settlements arising from Card Transactions based solely on information provided to it by the Card processor.
7. County acknowledges that the Issuer shall be deemed to be a third party beneficiary with respect to this Addendum
with full rights to rely upon and enforce the provisions thereof.
D. Other Provisions. Card Transactions and direct deposit payments will be settled directly to the County Account at the
depository financial institution designated by County and on record with Businessolver. Changes to County Account
information must be made by completing a new Authorization Agreement for Direct Payment form (provided by
Businessolver) and submitting it to Businessolver. This authorization is to remain in full force and effect until Businessolver
and Issuer receive written notification from an authorized representative of its termination in such time and in such manner as
to afford Businessolver, Issuer and Depository a reasonable opportunity to act on it.
E. Remittance of Funds. In order to settle the amounts expended by County’s Cardholders pursuant to the Stored Value Card
Services, Businessolver or the third-party service provider designated by Businessolver will initiate debits to County's
designated bank account (the “Account”). Such debits shall be initiated on a daily basis or on such other Schedules as may be
set forth in an ACH Agreement, Debit Authorization or as may be communicated to County from time to time. County shall
receive notice via email prior to any such debit, and a settlement report from Businessolver detailing the amounts expended by
County’s Cardholders within a reasonable period after such debit. County covenants and agrees to have at all times sufficient
good and available funds in the Account to satisfy all debits initiated in connection with the Stored Value Card Services. In the
event the Account does not contain adequate funds to satisfy such debit, County shall immediately wire to Businessolver or
such third party card service provider designated by Businessolver the amount necessary to satisfy such debit and, in addition
to any other remedies available to Businessolver, Businessolver shall charge, and County shall pay, a nonsufficient funds
(“NSF”) charge for each NSF occurrence.
SCHEDULE G-3
FEES AND SERVICES
FSA Services and Recordkeeping
Plan design and set up Included
Web enrollment Included
Online enrollment presentation (Health FSA and Dependent Care FSA Only) Included
Debit card Included
Claims Based or Deduction/Contribution Based Included
Maintain and update employee FSA Included
Automatic email to participant when claims received and reimbursement is made Included
Adjudicate FSA reimbursement requests Included
IIAS compliant debit card Included
Daily processing of reimbursement requests Included
Issue direct deposit to participant savings or checking accounts Included
Issue reimbursement checks to participants Included
Postage for standard mailings Included
Process claims during plan year run-out period Included
Reconcile records to County’s payroll, if applicable Included
Administration for 2 ½ month grace period extension, if applicable Included
Retain records for 8 years from the date the record is created at Businessolver Included
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Reporting and Communication – County
County Web portal Included
County Administrative Guide Included
Daily, weekly, and/or monthly reporting available on status of account balances Included
Consult on interpretation of applicable law Included
Reporting and Communication – Participant
Employee Administrative Guide Included
Enrollment Materials Included
Statement included with each reimbursement check Included
Communication concerning ineligible claims Included
Online access to account information 24/7 Included
Quarterly emailed statements to participants Included
Account balance statement sent 60 days prior to end of plan year (FSA Only) Included
Toll-free County service line, Monday through Friday (Central Time Zone)
Clients 7:00 a.m. to 7:00 p.m. Included
Participants 6:00 a.m. to 9:00 p.m.
In compliance with applicable federal and state law, Businessolver may monitor and/or record calls that are
made to and from the County service line for quality assurance and training purposes and/or to ensure that
Businessolver’s services fully comply with the terms of the Contract.
Compliance
Generic sample plan document (Section 125, FSA only) Included
Generic sample summary plan description Included
Generic sample plan document and summary plan description updates Included
Information for annual 5500 Filing (Health FSA) Included
Section 125 25% Key employee concentration non-discrimination testing Included
Section 129 55% Average benefits non-discrimination testing Included
Section 129 More than 5% Owners concentration non-discrimination testing Included
Additional 125 Plan and FSA non-discrimination testing and related services Included
SCHEDULE G-4
FSA SERVICES APPOINTMENT OF CUSTODIAN
By signing this Contract, County appoints Businessolver’s designee, Discovery Benefit, Inc. (“DBI”), as Custodian of County funds for the
purposes and upon the terms and conditions set forth in these Schedules, and DBI accepts such appointment and agrees to act as custodian
hereunder and to hold any County funds received hereunder in accordance with the terms and conditions set forth in this Contract.
Custodian agrees it shall maintain one or more depository accounts (“Custodial Account”) at Bell Bank (“Bank”), Fargo, North Dakota.
Any notice required or permitted to be given to Discovery Benefits, Inc. under these Schedules shall be provided as follows:
Discovery Benefits, Inc.
4321 20th Avenue South
Fargo, ND 58103
Attention: Chief Compliance Officer/EVP
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Exhibit H
Service Level Agreement (SLA)
This Service Level Agreement (“SLA”) is part of the Contract between County and Businessolver. Each year, Businessolver
agrees to put at risk the fees listed in this Exhibit for failure to meet the agreed-upon service level metrics. Service level metrics
may be reviewed annually by the parties for continuing applicability and may be revised periodically upon mutual agreement by
both parties. A separate Service Level Agreement may be put in place for Contract Implementation and for the ACA Compliance
process (1095-C forms).
PERFORMANCE STANDARDS - MINIMUM REQUIREMENTS AND FEE CREDITS
I. Performance Standards and Terms
A. Each month, Businessolver is responsible for reporting actual results versus the agreed-upon service level metrics. In the
event Businessolver fails to meet a service level metric, as set forth in this Exhibit, as a result of the acts or omissions of
Businessolver, the service level credit shall be equal to the designated fees at risk for the applicable service for the month
in which said service level was not met, and shall be credited at the end of the relevant quarter to the next month’s fees.
For the avoidance of doubt, such service levels metrics shall not apply to the extent errors or delays are attributable to
errors or delays by County personnel or their designee.
B. The first ninety (90) calendar days of operation from the Go-Live date of the Services will be considered a settling in
period in which the Performance Standards will not apply.
C. Table 1-1 Ongoing Performance Standards
Service Level Measurement Service Level Target rcentage of Monthly Administration
Fee at Risk
System Response Time Performance is measured using The system will respond in 10% of Businessolver’s monthly
the following formula. The three (3) seconds or less for administration fee
formula = (Server Requests > 3 at least 95% of the member
seconds/total number of Server page requests excluding
Requests) – 10% = Credit requests during Scheduled
Percentage System Maintenance Down-
Time. County will have
access to logs measuring
this standard. Any month in
which the response time
does not meet this metric
will result in a service
penalty.
System Availability Performance is based on the The Benefitsolver system 5% of Businessolver’s monthly
Businessolver site availability. will be available no less administration fee
Site availability shall be calculated than 99.5% of the time per
by multiplying 100 times the month
quotient of (i) total number of
minutes the Benefitsolver system
is available (other than
unavailability due to exclusions to
the definition of Server
Downtime (as defined below)) in
the applicable calendar month
divided by (ii) the total number of
minutes in the month, excluding
Scheduled System Maintenance
Down-Time.
Transaction Processing Performance is measured by 100% of files on the 3% of monthly enrollment and
Turnaround dividing the number of files sent scheduled day. eligibility fees for each day beyond
within one business day of the the service level target up to a
scheduled run time by the total maximum of 5%.
number of files scheduled during
the month.
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Service Level Measurement Service Level Target rcentage of Monthly Administration
Fee at Risk
Case Resolution Performance is measured based 99% of cases reported to 1% of Businessolver’s monthly
on resolution of open tickets Businessolver should be administration fee
involving employee cases. resolved within 5 business
days. Any month where
99% of cases reported to
Businessolver are not
resolved within 5 business
days will result in a service
penalty.
COBRA Administration Performance is measured based 100% of COBRA notices 1% of Businessolver’s monthly
on compliance with COBRA should be sent within 5 administration fee.
regulations. Performance is business days of
calculated on the percentage of Businessolver receiving a
COBRA Initial Rights and/or file indicating a COBRA
Qualifying Event notices sent to notice is required. Any
participants within allowable month where 100% of
timeframe based upon current COBRA notices are not
COBRA regulations. issued on time will result in
a service penalty.
Annual/Open Enrollment Performance is measured by Businessolver will complete 5% of Businessolver’s monthly
whether a target date is missed all annual/open enrollment administration fee
due to Businessolver’s non- deliverables by the due
performance. County must meet date. Each month, any
its target dates or the credit is deliverable that is not
waived. completed by the due date
will result in a service
penalty.
Customer Satisfaction County will be asked to report Achieve a satisfaction 5% of Businessolver’s monthly
their satisfaction with the average of 90% or better administration fee
Services team on a monthly basis each month. Any month
through their pulse in the where the average
Benefitsolver system. Failure to satisfaction score falls
report by County during any below 90% will result in a
month of the quarter will result in service penalty.
this performance measure being
forfeit.
D. Terms of Performance Standards:
"Performance Standards" outlined are for missed deliverables during the Contract period for services provided to the
County.
Fees for out of scope projects and custom programming are not subject to performance standard penalties.
Performance will be measured on a monthly basis and reported to the County quarterly. Any penalty amounts will be
assessed on a monthly basis unless noted otherwise and will be shown as a credit against the amount due from the
County during the month after the end of the quarter in which the penalty is assessed. Should the penalty amount exceed
the amount due during the month after the end of the quarter in which the penalty is assessed, the credit will be applied
to amounts due in subsequent months until the full penalty credit is exhausted. Alternatively, the amount may be paid
by check to the County, at the County’s request.
Businessolver will not be responsible for any failure to meet Performance Standards due to:
The failure of the County to deliver accurate data in a timely manner (as defined by a mutually agreed upon
timeline).
Any delay or failure excused by the terms of these Performance Standards.
Any change in plan design or the County’s operations, that are at the request or controlled by the County (but
not changes by Businessolver), that significantly impact Businessolver operations for which a 30-day notice is
not provided, or unforeseeable fluctuations in employee volume from month to month exceeding 10%.
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SERIAL 171103-RFP
The fee credits described in the table above are cumulative. The maximum monthly fees at risk for any one month shall
not exceed 20% of total fees due. For the System Availability and System Response Time Service Levels, a credit will
only be given for one or the other in a given month, but not for both Service Levels.
Businessolver shall monitor its performance against the Service Levels set forth above, and provide to the County
monthly reports that describe Businessolver’s performance against the service levels set forth above. Such reports shall
include documentation that describes the basis for the information contained in the report. Upon the County’s
reasonable request, Businessolver shall provide additional information requested by the County to demonstrate
Businessolver’s compliance with the service levels set forth above.
Definitions:
"Business Day" means any day except a Saturday, Sunday, or national (U.S.) holiday. When a holiday falls on
a Saturday or Sunday, the alternate day off that is generally observed will not be considered a “Business Day”
for purposes of this Agreement.
“Business Hours” means the County’s normal hours of operation, which are 8:00 a.m. MST to 5:00 p.m. MST
(Arizona time) on Business Days.
“Server Downtime.” For purposes of determining system availability, “Server Downtime” means any
interruption of ten (10) minutes or more in the availability of the Benefitsolver system; provided, however, that
Server Downtime shall not include time that is attributable to:
(i) the County’s breach of its material obligations under the Agreement, which breach causes the server or
site to be unavailable;
(ii) failure or malfunction of any County-provided equipment or service;
(iii) Scheduled System Maintenance Down-Time; and
(iv) other mutually agreed to pre-scheduled system down-time.
Force Majeure events, as defined in the Contract, are to be included in Server Downtime.
“Scheduled System Maintenance Down-Time” shall mean any interruption in the availability of the System,
due to:
(i) System maintenance scheduled more than 48 hour prior to the disruption of service.
(ii) Scheduled System Maintenance Down-Time will not exceed 6 hours per month and will occur between
the hours of 12:00 – 4:00 am (Central).
(iii) Businessolver will provide the primary County contact with a minimum of 48 hours’ notice of scheduled
system maintenance.
In addition, the County will have access to a real-time County Scorecard within Benefitsolver. The County Scorecard
analytics provide information on activity that has taken place throughout your site (transactions, system performance,
imports, exports, cases, etc.), system performance (unique users, page hits, median page time, mean page time, etc.),
and Service Center metrics (if utilized).
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SERIAL 171103-RFP
Service Level Agreement (SLA) – EXHIBIT H
This Service Level Agreement (“SLA”) is part of the Contract between County and Businessolver. Each year, Businessolver
agrees to put at risk the fees listed in this Exhibit for failure to meet the agreed-upon service level metrics. Service level metrics
may be reviewed annually by the parties for continuing applicability and may be revised periodically upon mutual agreement by
both parties. A separate Service Level Agreement may be put in place for Contract Implementation and for the ACA Compliance
process (1095-C forms).
PERFORMANCE STANDARDS - MINIMUM REQUIREMENTS AND FEE CREDITS
I. Performance Standards and Terms
E. Each month, Businessolver is responsible for reporting actual results versus the agreed-upon service level metrics. In the
event Businessolver fails to meet a service level metric, as set forth in this Exhibit, as a result of the acts or omissions of
Businessolver, the service level credit shall be equal to the designated fees at risk for the applicable service for the month
in which said service level was not met, and shall be credited at the end of the relevant quarter to the next month’s fees.
For the avoidance of doubt, such service levels metrics shall not apply to the extent errors or delays are attributable to
errors or delays by County personnel or their designee.
F. The first ninety (90) calendar days of operation from the Go-Live date of the Services will be considered a settling in
period in which the Performance Standards will not apply.
G. Table 1-1 Ongoing Performance Standards
Service Level Measurement Service Level Target rcentage of Monthly Administration
Fee at Risk
System Response Time Performance is measured using The system will respond in 10% of Businessolver’s monthly
the following formula. The three (3) seconds or less for administration fee
formula = (Server Requests > 3 at least 95% of the member
seconds/total number of Server page requests excluding
Requests) – 10% = Credit requests during Scheduled
Percentage System Maintenance Down-
Time. County will have
access to logs measuring
this standard. Any month in
which the response time
does not meet this metric
will result in a service
penalty.
System Availability Performance is based on the The Benefitsolver system 5% of Businessolver’s monthly
Businessolver site availability. will be available no less administration fee
Site availability shall be calculated than 99.5% of the time per
by multiplying 100 times the month
quotient of (i) total number of
minutes the Benefitsolver system
is available (other than
unavailability due to exclusions to
the definition of Server
Downtime (as defined below)) in
the applicable calendar month
divided by (ii) the total number of
minutes in the month, excluding
Scheduled System Maintenance
Down-Time.
Transaction Processing Performance is measured by 100% of files on the 3% of monthly enrollment and
Turnaround dividing the number of files sent scheduled day. eligibility fees for each day beyond
within one business day of the the service level target up to a
scheduled run time by the total maximum of 5%.
number of files scheduled during
the month.
Case Resolution Performance is measured based 99% of cases reported to 1% of Businessolver’s monthly
on resolution of open tickets Businessolver should be administration fee
involving employee cases. resolved within 5 business
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Service Level Measurement Service Level Target rcentage of Monthly Administration
Fee at Risk
days. Any month where
99% of cases reported to
Businessolver are not
resolved within 5 business
days will result in a service
penalty.
COBRA Administration Performance is measured based 100% of COBRA notices 1% of Businessolver’s monthly
on compliance with COBRA should be sent within 5 administration fee.
regulations. Performance is business days of
calculated on the percentage of Businessolver receiving a
COBRA Initial Rights and/or file indicating a COBRA
Qualifying Event notices sent to notice is required. Any
participants within allowable month where 100% of
timeframe based upon current COBRA notices are not
COBRA regulations. issued on time will result in
a service penalty.
Annual/Open Enrollment Performance is measured by Businessolver will complete 5% of Businessolver’s monthly
whether a target date is missed all annual/open enrollment administration fee
due to Businessolver’s non- deliverables by the due
performance. County must meet date. Each month, any
its target dates or the credit is deliverable that is not
waived. completed by the due date
will result in a service
penalty.
Customer Satisfaction County will be asked to report Achieve a satisfaction 5% of Businessolver’s monthly
their satisfaction with the average of 90% or better administration fee
Services team on a monthly basis each month. Any month
through their pulse in the where the average
Benefitsolver system. Failure to satisfaction score falls
report by County during any below 90% will result in a
month of the quarter will result in service penalty.
this performance measure being
forfeit.
H. Terms of Performance Standards:
"Performance Standards" outlined are for missed deliverables during the Contract period for services provided to the
County.
Fees for out of scope projects and custom programming are not subject to performance standard penalties.
Performance will be measured on a monthly basis and reported to the County quarterly. Any penalty amounts will be
assessed on a monthly basis unless noted otherwise and will be shown as a credit against the amount due from the
County during the month after the end of the quarter in which the penalty is assessed. Should the penalty amount exceed
the amount due during the month after the end of the quarter in which the penalty is assessed, the credit will be applied
to amounts due in subsequent months until the full penalty credit is exhausted. Alternatively, the amount may be paid
by check to the County, at the County’s request.
Businessolver will not be responsible for any failure to meet Performance Standards due to:
The failure of the County to deliver accurate data in a timely manner (as defined by a mutually agreed upon
timeline).
Any delay or failure excused by the terms of these Performance Standards.
Any change in plan design or the County’s operations, that are at the request or controlled by the County (but
not changes by Businessolver), that significantly impact Businessolver operations for which a 30-day notice is
not provided, or unforeseeable fluctuations in employee volume from month to month exceeding 10%.
The fee credits described in the table above are cumulative. The maximum monthly fees at risk for any one month shall
not exceed 20% of total fees due. For the System Availability and System Response Time Service Levels, a credit will
only be given for one or the other in a given month, but not for both Service Levels.
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Businessolver shall monitor its performance against the Service Levels set forth above, and provide to the County
monthly reports that describe Businessolver’s performance against the service levels set forth above. Such reports shall
include documentation that describes the basis for the information contained in the report. Upon the County’s
reasonable request, Businessolver shall provide additional information requested by the County to demonstrate
Businessolver’s compliance with the service levels set forth above.
Definitions:
"Business Day" means any day except a Saturday, Sunday, or national (U.S.) holiday. When a holiday falls on
a Saturday or Sunday, the alternate day off that is generally observed will not be considered a “Business Day”
for purposes of this Agreement.
“Business Hours” means the County’s normal hours of operation, which are 8:00 a.m. MST to 5:00 p.m. MST
(Arizona time) on Business Days.
“Server Downtime.” For purposes of determining system availability, “Server Downtime” means any
interruption of ten (10) minutes or more in the availability of the Benefitsolver system; provided, however, that
Server Downtime shall not include time that is attributable to:
(v) the County’s breach of its material obligations under the Agreement, which breach causes the server or
site to be unavailable;
(vi) failure or malfunction of any County-provided equipment or service;
(vii) Scheduled System Maintenance Down-Time; and
(viii) other mutually agreed to pre-scheduled system down-time.
Force Majeure events, as defined in the Contract, are to be included in Server Downtime.
“Scheduled System Maintenance Down-Time” shall mean any interruption in the availability of the System,
due to:
(iv) System maintenance scheduled more than 48 hour prior to the disruption of service.
(v) Scheduled System Maintenance Down-Time will not exceed 6 hours per month and will occur between
the hours of 12:00 – 4:00 am (Central).
(vi) Businessolver will provide the primary County contact with a minimum of 48 hours’ notice of scheduled
system maintenance.
In addition, the County will have access to a real-time County Scorecard within Benefitsolver. The County Scorecard
analytics provide information on activity that has taken place throughout your site (transactions, system performance,
imports, exports, cases, etc.), system performance (unique users, page hits, median page time, mean page time, etc.),
and Service Center metrics (if utilized).
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Ehibit I
EXHIBIT I
HOSTING REQUIREMENTS
3.0 AVAILABILITY:
1.1 Any information systems required for proper functionality of the hosted application must have 99.5% uptime
during County business hours (as defined by the business unit). Uptime measurements must be met for all
servers and their connectivity to the Internet or dedicated connection to the County, whichever is applicable.
1.2 An industry-recognized backup methodology must be employed, including the use of off-site storage. Contractor
must make backup procedures and logs available at any time upon request from the County.
4.0 CONNECTIVITY:
2.1 Contractor shall provide connectivity to the Internet or use Virtual Private Networking (VPN), whichever is
appropriate. The County shall not be financially responsible for networking equipment at the Contractor’s site.
5.0 DATA SECURITY:
3.1 Backups to removable media must be encrypted using the Advanced Encryption Standard (AES) with a
minimum of a 128 bit key. Industry recognized key handling procedures must be utilized. At no time shall the
key be stored on the backup media in clear text, including but not limited to table labels. Contractor must make
key handling procedures and logs available upon request.
3.2 Hosted applications must support encrypted protocols for sensitive data. Preferred encryption protocols are
Transport Layer Security (TLS). Encryption ciphers must use at least a 128 bit key length. Hashing algorithms
used must be of the Secure Hash Algorithm (SHA) family. The minimum acceptable algorithm shall be SHA-1.
3.3 All hosted applications must be audited by a third party at least once per year. Contractor must provide annual
testing and audit reports by a 3rd party and furnish to County upon request.
3.4 All applications hosting Maricopa County data must undergo a risk assessment at least annually. The risk
assessment must include System and application testing. Maricopa County will, on a periodic basis, perform
security scans utilizing a third-party industry standard tool. Maricopa County and Contractor will collaborate on
reviewing the findings generated by the tool. Contractor agrees to remediate high and medium vulnerabilities
within a reasonable amount of time as agreed to with the Maricopa County Office of Information Security.
3.5 Contractor must maintain a non-disclosure agreement (NDA) with the County. All employees and partners of
Contractor must maintain an NDA with Contractor for all services relating to this Contract.
3.6 All employees of Contractor must complete a federal, state, and local criminal background check.
3.7 No County data shall be transferred or made available to a 3rd party in unencrypted form without the express,
written consent of the County. See the “Backups” section 3.1 for what shall be considered “encrypted.”
3.8 No County data shall be transferred or transmitted outside the United States for any reason without the express,
written consent of the County.
3.9 The System must support password policy enforcement, such as mixed case, numerals, and non-alphanumeric
characters and forced expiration.
3.10 The System must support the ability to disable or lock out user accounts after a given number of login failures.
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6.0 INFORMATION SYSTEMS AUDITING:
4.1 The System must log all material user actions, including but not limited to, logon and log off.
4.2 The System must log all material administrator actions, including but not limited to, user creation, user deleting,
password resets, and privilege level changes.
4.3 The System must log failed login attempts.
4.4 Logs must be made available to the County at any time.
7.0 BREACH NOTIFICATION:
5.1 Contractor must report all suspected breaches to the County immediately and in writing. Contractor must also
fully cooperate with any County investigation into the breach, unless prohibited by law.
5.2 To the extent a breach of the hosted System occurs that is directly attributable to a negligent or intentional act by
a party (“Responsible Party”), the Responsible Party shall incur the cost of breach notification and reasonable
and industry customary follow-up services. Follow-up services shall, include credit monitoring of affected
individuals. Should either party become aware of a breach of the System by a third party, the party with
knowledge of the breach must immediately notify the other party. In the event of a third party breach, Contractor
shall be responsible for notifying affected employees and procuring follow-up services, unless otherwise
requested by EBH.
5.3 Breach notification requirements shall be determined by all applicable laws and contracts including, but not
limited to, Arizona Revised Statutes 44-7501, California SB 1386, the Health Insurance Portability and
Accountability Act (HIPAA).
5.4 Contractor shall make its information security incident response policy and procedure available to the County at
any time upon request.
8.0 COMPLIANCE:
6.1 Contractor must comply with all applicable laws, regulations, and contracts including (but not limited to)
Criminal Justice Information Systems (CJIS), and Health Insurance Portability and Accountability Act (HIPAA).
6.2 Contractor must make compliance reports, audit findings, and 3rd party attestations available at any time to the
County upon request. Contractor must immediately notify the County, in writing, upon a confirmed violation of
the compliance requirement. The notification must include any information provided by the regulatory body.
9.0 DATA RETENTION:
7.1 Contractor shall destroy all offline copies of County data at the time the copies cease to be useful, except for
backup copies which are retained for eight years. Destruction procedures must be made available to the County
upon request.
7.2 At the conclusion of the Contract, all Maricopa County data and working papers must be returned to the County,
and all copies destroyed except for within backup copies which are retained for eight years. Contractor must
confirm in writing to the County that all data was destroyed in accordance with this provision and state the
method of destruction used.
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Exhibit J
Information Security Vendor Product Questionnaire
ID Vendor Product Questionnaire
Does the product support the creation of unique user identifiers and associated authentication features that
can be integrated using lightweight access directory protocol and secure lightweight directory access protocol?
Benefitsolver does support unique identifiers. Businessolver’s preference is to use the single sign on protocols below
for connection with directory services. Benefitsolver’s single sign on (SSO) integrations enable employees to log on
to other websites to gather information or complete eligibility information without leaving Benefitsolver or to
seamlessly log in from another application, such as a company intranet. Businessolver provides three methods of SSO
P.1 connectivity into Benefitsolver, including:
SAML 2.0 Web Browser POST over HTTPS
o Identity Provider (IdP) initiated SSO
o Service Provider (SP) initiated SSO
Server-side POST over HTTPS
Sign-on Web Service (SOAP) over HTTPS
Does the product allow configuration of access control groups for unique user identifiers?
P.2
Yes. Access groups can be configured for administrator accounts within the Benefitsolver application. The member
role is a defined set of information based on the defined eligibility groups of the employee.
Is the product capable of demonstrating approval of unique user identifiers by an authorizing party (e.g.,
super user/administrator)?
P.3
Yes. Member accounts are not able to access the System without information being preloaded into the System for
account creation. Administrator accounts are created prior to use and only accounts with specific rights can make
changes to administrator accounts.
Does the product support access restrictions based on group assignments including unique identifiers or
groups which can read, write and execute files, commands or code associated with commands?
Yes. Different levels of authority can be configured for Maricopa County's different administrators. Each
administrator can be given view-only or edit rights for more than 50 available permissions in Benefitsolver. Maricopa
County will be able to define the level of access each of your administrators should have. Your Client Centric Team
P.4
will work with you to define the levels of access for each of your roles and will configure the System accordingly.
Further, certain fields in Benefitsolver are privilege-based and can be assigned on an administrator by administrator
basis. For example, administrators can be given permission to view and/or edit employee election information, or this
permission can be restricted. Access can also be restricted by eligibility group. For example, administrators can have
reporting access, but will only be able to view data on their assigned eligibility group(s).
Does the product allow unique user identifiers to be activated, deactivated, and/or deleted?
Yes. Each user is assigned a unique identifier. User accounts can be activated and deactivated based on your needs.
For employees, once their demographic data is populated in Benefitsolver (either through a census load or manual
P.5 entry), they will be able to create the First Time User process and log into Benefitsolver. Their account can be
automatically deactivated through a census import (such as in the case of a terminated employee) or manually
deactivated directly in Benefitsolver. Administrator accounts can be activated and deactivated at any time directly
within Benefitsolver. Accounts are not typically deleted in order to ensure historical audit history is maintained.
Businessolver does not charge fees for storing terminated or inactive employees.
Does the product support the ability to automatically disable access based on a preset period of time
established by Maricopa County?
P.6 Businessolver does not automatically disable accounts based on client preset period; however, Businessolver does
have the ability to disable accounts. Most individuals access their benefit information a limited number of times
throughout a year and this should be taken into consideration when disabling accounts. Use of an SSO solution
would allow Maricopa County to control login periods.
Does the product support audit logging and email notification in the event of account creation, modification,
disabling and termination actions?
P.7
Logging is performed at all layers and can be used to identify whether data was inappropriately altered or
manipulated, the individual who performed the action, and when the data was accessed. Member record transaction
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history, member level billing history and system logs for employees and administrators are recorded.
Does the product support automatic logout in the event of inactivity from unique user identifiers?
P.8
Yes. Accounts are automatically logged out after 20 minutes of inactivity.
Does the product allow monitoring and reporting (e.g., email) of system account usage?
P.9
Yes. All account activity is logged within the Benefitsolver Application.
Does the product support automated alerts in the event that a unique user identifier or system account is used
outside of a preset period of time as determined by Maricopa County?
P.10
The application is a SaaS platform that is available 24x7 to users with active accounts. Maricopa County will have
access to detailed logs to view who has accessed the system. If Maricopa County utilizes a SSO connection, alerting,
logging, and time restrictions could be established with the SSO owned by Maricopa County.
Does the product allow reporting on a typical usage of unique user identifier or system accounts via electronic
mail.
P.11 Businessolver's best practice is to leverage the System's audit features, including user and page logs. This
eliminates email overload and allows administrators to access the records they are most interested in. User and page
logs will detail the date and time stamp of who accessed the system, what pages they viewed, how long they spent on
each page, etc.
Does the product support reporting on user privileges via electronic mail?
Benefitsolver features an administrator access report. From an employee perspective, access is based on eligibility
P.12
groups, called Structure Groups. This field can be included on numerous standard reports. These reports are generated
within Benefitsolver. Reports can also be scheduled, and the administrator who generated the report will receive an
automatic alert in their email that the report is available in Benefitsolver.
Is the product capable of tracking and monitoring the assignment of privileged roles (privileged roles are
defined as unique user identifiers or system accounts with read, write and execute permissions) via electronic
mail?
P.13
Privileged roles can be established and assigned within Benefitsolver. Benefitsolver features an administrator access
report that can detail who has this level of access. Reports can also be scheduled, and the administrator who generated
the report will receive an automatic alert in their email that the report is available in Benefitsolver.
Does the product support the ability to restrict access to it by Internet Protocol Address?
P.14 Businessolver currently has a development project to provide support for IP filtering within the Benefitsolver
application. Businessolver has worked with clients that restrict access to the application through the use of an SSO
service.
Does the product support assignment of discretionary or mandatory access control?
From an internal perspective, Businessolver utilizes RBAC to ensure that only authorized individuals have access to
the systems and services they need to support the business or services. This occurs through the account setup and
authorization process, as well as through the ongoing reviews that are performed against internal systems.
When a user is created (in Benefitsolver or within our internal systems environment), access is provisioned based on
the role the individual has within the organization. Within Benefitsolver this is defined through permissions
associated with each company and user account. Individual accounts are created and access is provisioned based on
P.15
their role using a role RBAC matrix that aligns with available permission within the System. Access is reviewed and
approved as part of the account setup process. Access that is requested outside of this process or changed at a later
date to align with a different role requires authorization from the user’s manager prior to the access being
provisioned.
Similarly, access is managed to users outside of Benefitsolver in the same manner. This includes provisioning and
deprovisioning of access to ancillary systems, network files shares, and escalated permissions to systems
administration functionality. All privileged and escalated permissions also require authorization and approval from
an executive dependent on the type of access being requested.
Does the product support the ability to restrict information flow control on metadata?
Yes. Benefitsolver allows Maricopa County to restrict access based on metadata within the user’s profile. For
P.16
example, an administrator can have reporting permissions, but they can be limited to only report on employees in
their location. Another example, employees can access documents stored in Benefitsolver’s Reference Center, but
their view can be limited to only certain documents based on demographic information stored in their profile.
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Is the product capable of preventing encrypted data from bypassing content-checking mechanisms?
P.17
The application performs the encryption methods before storing into the database. As a SaaS platform, Businessolver
maintains the encryption and controls the content-checking mechanisms within the application.
Does the product allow configuration of unique user identifiers and system accounts with different access
permissions separating key functions based on user or group (i.e., separation of duties)?
Yes. Different levels of authority can be configured for Maricopa County's different administrators. Each
administrator can be given view-only or edit rights for more than 50 available permissions in Benefitsolver. Maricopa
County will be able to define the level of access each of your administrators should have. Your Client Centric Team
P.18
will work with you to define the levels of access for each of your roles and will configure the system accordingly.
Further, certain fields in Benefitsolver are privilege-based and can be assigned on an administrator by administrator
basis. For example, administrators can be given permission to view and/or edit employee election information, or this
permission can be restricted. Access can also be restricted by Structure Group. For example, administrators can have
reporting access, but will only be able to view data on their assigned eligibility group(s).
Is the product capable of restricting access based on role or group (e.g., group account policy)?
P.19
Yes. Maricopa County will have control over which administrators have access to County data, as well as the specific
level of access they will be granted.
Is the product capable of logging unsuccessful logon attempts and automatically disabling unique user
identifiers or system accounts based on a present number of unsuccessful attempts as defined by Maricopa
County?
P.20
Yes. Unsuccessful login attempts are logged within the System. By default, Benefitsolver will lockout accounts after
five unsuccessful attempts.
Does the product support configuration of a logon banner prior to permitting access that has content defined
by Maricopa County?
Yes. Communications throughout the login page and welcome pages can be configured. In addition, during the first
time user process, employees will be prompted to agree to electronic signature language. Should the County need to
make a change to this language, your Client Centric Team can easily configure the language at any time.
Employees will be asked to certify the e-signature each time a change is made to the text upon next log in. Once they
P.21
agree, a PDF of the e-signature text is generated, automatically attached to the employee’s documents, and a
transaction will display in the employee’s history.
When an employee first logs in to Benefitsolver, they can also be presented with an Electronic Notice Consent form
that states that they will be receiving documents electronically along with instructions on how to access
documentation in Benefitsolver. The employee must then answer “yes” or “no” as to if they agree. A copy of this
electronic signature is date and time stamped and placed on their Personal Documents in Benefitsolver for future
access.
Does the product support logging of last successful and unsuccessful logon attempt for unique identifiers?
P.22
Yes. Successful and Unsuccessful login attempts are logged within the System.
Is the product capable of restricting the number of sessions that are allowed to be accessed as defined by
Maricopa County?
P.23
Businessolver has made the decision to allow multiple sessions based on client feedback about the application.
Sessions are restricted by a session id and once closed the session id cannot be reused.
Is the product capable of locking a session automatically after a preset period of time as defined by Maricopa
County?
P.24
No Maricopa does not define the timeout of a session. . Sessions are locked after 20 minutes of inactivity.
Is the product capable of requiring all transactions have an associated unique user identifier or system account
prior to transaction initiation?
Yes. Before a user can log into Benefitsolver, they must have a user ID and password. Administrator user IDs and
passwords are provisioned by an administrator with this level of access. Regarding employee access, once the
P.25
employee is entered into Benefitsolver (either through an automatic census import or through manual entry by an
administrator), the employee will be able to log in to Benefitsolver. To log in to Benefitsolver the first time,
employees will be directed through the first time user process that requests the employee’s SSN (or employee ID),
date of birth, and company key (unique identifier defined by Maricopa County). Once verified, the employee reviews
and accepts the configurable electronic signature language and sets up their desired username, password, and security
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phrase.
Is the product capable of tagging information with access permission rights, so that the information can only
be viewed with proper credentials regardless of where it is stored?
P.26
Yes. The document center and the reference center provide permission rights to restrict who can access the
information by access or structure group. In addition, communications, media, etc. placed throughout Benefitsolver
can have visibility restrictions as well.
Is the product capable of restricting remote access except through approved Maricopa County mediums such
as the Virtual Private Networking (VPN) infrastructure?
P.27
If Maricopa County implements and uses a SAML SSO connection, they can utilize it to restrict remote access.
Businessolver currently has a development project to provide support for IP filtering within the Benefitsolver
application.
Is the product capable of restricting wireless access except through approved Maricopa County wireless
solutions? (See Maricopa County Information Security Policy on Wireless).
P.28
The Benefitsolver application is a SaaS solution which users connect to through the internet via browser. Because of
this, the System will not be hosted on site, but instead within Businessolver’s data centers.
Is the product capable restricting unique user identifiers' access to other unique user identifiers' information,
directory structure, etc. unless otherwise permitted by a user with super user/administrative access?
Yes. Different levels of authority can be configured for Maricopa County's different administrators. Each
administrator can be given view-only or edit rights for more than 50 available permissions in Benefitsolver. Maricopa
County will be able to define the level of access each of your administrators should have. Your Client Centric Team
P.29
will work with you to define the levels of access for each of your roles and will configure the System accordingly.
Further, certain fields in Benefitsolver are privilege-based and can be assigned on an administrator by administrator
basis. For example, administrators can be given permission to view and/or edit employee election information, or this
permission can be restricted. Access can also be restricted by Structure Group. For example, administrators can have
reporting access, but will only be able to view data on their assigned eligibility group(s).
Is the product capable of logging and recording all unique user identifier activity and system account activity?
P.30 Logging is performed at all layers and can be used to identify whether data was inappropriately altered or
manipulated, the individual who performed the action, and when the data was accessed. Member record transaction
history, member level billing history and system logs for employees and administrators are recorded.
Is the product capable of logging and recording all changes which occur on the asset including applications,
databases, and network or system operating systems?
P.31
Logging is performed at all layers and can be used to identify whether data was inappropriately altered or
manipulated, the individual who performed the action, and when the data was accessed. Member record transaction
history, member level billing history and system logs for employees and administrators are recorded.
Is the product capable of logging system and activity transactions including date, time and whether the event
was successful?
P.32 Yes. All touches and changes to the System are time and date stamped with the username of the individual who
initiated the change and the reason a change was made as well as the before and after values. This transparency
allows administrators to view what is taking place in the System in real time. Change reports can also be pulled for
either a point in time or a specified time period.
Is the product capable of storing log data on a predefined amount of storage as defined by Maricopa County?
P.33
N/A. All log data is stored within the Benefitsolver application housed in Businessolver’s data centers.
Is the product capable of alerting via email if log data is not successfully recorded?
P.34
Businessolver individuals are alerted if there are issues with the application.
Is the product capable of recording software / hardware errors and when storage capacity has been reached?
The Benefitsolver application is a SaaS solution. All maintenance to the Benefitsolver platform is provided by
Businessolver.
P.35
Businessolver engineered our production environment to be flexible, with the ability to grow and expand based on
client needs and usage requirements. Businessolver has created a multi-POD environment which can successfully
load balance application usage across multiple independent and geographically diverse locations, allowing
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Businessolver to quickly and significantly expand its production environment when needed. In addition, each of the
PODs has redundancy across all systems, hardware, and software in the event of an individual system component
failing.
Further, Businessolver spends a significant portion of its time during the year preparing for the increased capacity
requirements and needs from our clients, such as during the fall enrollment period. We also perform extensive
statistical analysis on prior year usage to establish strong current year projections.
Businessolver utilizes multiple external consultants to evaluate and implement technologies that allow for
significantly more capacity than what is projected based on our forecasts and estimates. Businessolver’s load testing
has successfully pushed through traffic during one hour that is twice what it expects to receive during an entire day to
ensure more capacity is available than needed.
During Businessolver’s peak day in 2016, the Benefitsolver platform had over 5.6 million page hits and more than
85,000 unique users in one day; however, Benefitsolver’s multi-POD environment has the capability to support much
greater capacity numbers. Based on our testing, the System has successfully supported our peak day’s traffic on one
POD during one hour. Ensuring that our System can support our peak day’s traffic during a fraction of a day on a
fraction of the hosting infrastructure allows us to ensure that future traffic and capacity needs will be supported.
Is the product capable of logging messages using the “syslog” or “syslog-ng” protocol in compliance with RFC
3164?
P.36
As a SaaS platform, Businessolver maintains all the logging to a centralized logging system.
Does the product support filtering capabilities for all specified log types that are captured by the asset (e.g.,
application, database, network or system operating systems)?
P.37
Businessolver categorizes logs for the System appropriately.
Does the product support time stamps of transactions and events for purposes of logging?
P.38
Yes. All logging events have timestamps attached.
Does the product support data storage using encryption algorithms that exceed the strength of 128-bit
advanced encryption standard?
P.39
Yes. Businessolver utilizes AES-256 for encryption.
Does the product support utilization of hashing and/or generally accepted digital signature based technology to
provide non-repudiation of logs stored or transmitted from the asset including applications, database, and
network or system operating systems?
P.40
Businessolver has logs stored in multiple locations; local storage and to a central location. This allows Businessolver
to understand if there is an issue with logs in the System. Businessolver does not hash logs.
Does the product support the retention of log data for a preset period of time (in storage) as defined by
Maricopa County?
To assist businesses with meeting their regulatory requirements, Businessolver maintains information for eight years.
P.41
Employee election and demographic information is maintained actively on the System throughout the Contract
period. Logging information is actively maintained for a period of six months. If log history is desired after six
months, this information can be retrieved through Businessolver’s archives for up to eight years. Physical backups
and logical system backups are maintained in storage and retained for a period of eight years.
Does the product require unique user identification before access is granted to an asset including applications,
databases, network or system operating platforms?
P.42
Yes. Businessolver utilizes role based access to ensure that only authorized individuals have access to the systems
and services they need to support the business or services. This occurs through the account setup and authorization
process as well as through the ongoing reviews that are performed against internal systems.
Does the product require unique system identification before system-to-system access is allowed?
P.43 Businessolver maintains all systems. If there is a requirement to access a third-party system, there is a system to
system identifier utilized. These third-party connections would be for Maricopa County carriers to provide specific
functions such as eligibility of insurance forms.
Is the product capable of establishing user accounts based on unique attributes such as last names, initials, etc.
at the discretion of Maricopa County?
P.44
Employees typically set up their own username and password through the first time user process. To log in to
Benefitsolver the first time, employees will be directed through the first time user process that requests the
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employee’s SSN (or employee ID), date of birth, and company key (unique identifier defined by Maricopa County).
Once verified, the employee reviews and accepts the configurable electronic signature language and sets up their
desired username, password, and security phrase.
However, Benefitsolver can support Maricopa County -defined user names and passwords if required. In this case,
upon initial login, the employee would be prompted to change their password.
As an ongoing requirement, all employees are required to log in to the System using their username and password. If
single sign on is used, they can be authenticated through another site, such as a company intranet.
Is the product capable of restricting the permanent use of a unique user identifier that has already been used?
P.45 Benefitsolver supports unique identifiers, such as SSN or unique user ID; this could be an employee identification
number, for example. The only limitation to using a unique identifier is that they must be unique to only one
individual; user identifiers cannot be reused in order to maintain data integrity of Maricopa County’s member records.
Does the product require the authentication of a unique user identifier prior to permitting access to the
requested resource?
Yes. Once demographic data is populated in Benefitsolver (either through a census load or manual entry), employees
P.46 will be able to create the First Time User process and log into Benefitsolver. This process requests the employee’s
SSN (or employee ID), date of birth, and company key (unique identifier defined by Maricopa County). Once
verified, the employee reviews and accepts the configurable electronic signature language and sets up their desired
username, password, and security phrase. Administrator accounts are provisioned by another administrator with this
level of authority.
Is the product capable of supporting password strings of at least 15 characters during password
authentication?
P.47
Yes. The default minimum password length in Benefitsolver is eight characters; however, this is configurable and can
be made longer to meet the needs of Maricopa County. Benefitsolver can support requirements such as 15 characters.
Is the product capable of enforcing password complexity which requires the use of at least 1 uppercase, 1
lowercase, 1 special character, and 1 number?
P.48
Yes. Businessolver can customize a password policy that will meet the password requirements above.
Is the product capable of enforcing that new passwords for unique user identifiers cannot use previous
password sequences where at least 6 characters are being reused?
P.49
Yes. Businessolver can customize a password policy that will meet the password requirements above.
Does the product support password storage using at least 128-bit advanced encryption standard?
P.50
Yes. Passwords to the Benefitsolver application are stored in an encrypted format using a one-way, salted sha-256
password hash.
Is the product capable of expiring passwords and requiring unique user identifiers to change their password
after a preset period of time not to exceed 365 days and at the discretion of Maricopa County?
P.51
Yes. Password expiration is defaulted at 90 days; however, Maricopa County can determine the preferred restriction
level.
Does the product support the use of PKI-based authentication solutions?
Businessolver can accommodate custom data elements for SSO tokens if the partner uses Security Assertion Markup
Language (SAML). For inbound SSO, Businessolver has multiple connection options including a proprietary option
P.52
or the SAML standard. For the first option, which does not use SAML, Businessolver accepts SSN and DOB data
elements. For the SAML option, Businessolver usually uses the employee ID rather than SSN; however, we can
accommodate other data elements/items as SAML attributes. These SAML attributes can be mapped to custom fields
for authentication in our system, if necessary.
Does the product support the use of PKI including validation of certificates through the construction of
certification paths with status information to an accepted trust anchor?
Businessolver can accommodate custom data elements for SSO tokens if the partner uses Security Assertion Markup
P.53 Language (SAML). For inbound SSO, Businessolver has multiple connection options including a proprietary option
or the SAML standard. For the first option, which does not use SAML, Businessolver accepts SSN and DOB data
elements. For the SAML option, Businessolver usually uses the employee ID rather than SSN; however, we can
accommodate other data elements/items as SAML attributes. These SAML attributes can be mapped to custom fields
for authentication in our system, if necessary. This connection can be authenticated using trust certificates.
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Does the product support the use of PKI including enforcement of authorized access to the corresponding
private keys?
P.54
Not applicable. Businessolver does not review with client certificates.
Does the product support the use of PKI maps authenticated identities to unique user identifiers?
Businessolver can accommodate custom data elements for SSO tokens if the partner uses Security Assertion Markup
Language (SAML). For inbound SSO, Businessolver has multiple connection options including a proprietary option
P.55
or the SAML standard. For the first option, which does not use SAML, Businessolver accepts SSN and DOB data
elements. For the SAML option, Businessolver usually uses the employee ID rather than SSN; however, we can
accommodate other data elements/items as SAML attributes. These SAML attributes can be mapped to custom fields
for authentication in the System, if necessary.
Is the product capable of masking passwords during system entry? (i.e., shows passwords as ******).
P.56
Yes. Passwords entries are masked by default.
Does the product support cryptographic authentication schemes which are at a minimum in compliance with
FIPS 140-2 (i.e. 128-bit AES for example is acceptable)?
P.57
Yes. Businessolver is compliant with FIPS encryption algorithms.
Is the product capable of separating the administration of the asset from the use of the asset (i.e., Application
Partitioning) including applications, databases, network or system operating platforms?
The Benefitsolver application is based on a three-tier architecture that is completed separate from the Businessolver
Corporate Environment. The application and its support systems are the only systems located in the environment.
The Benefitsolver application has a DMZ for web presentation, an application layer and a database layer. Systems
P.58 Administrators access the application through the backend to maintain the application and systems providing the
service.
Further, administrators will have separate accounts for their personal access (for enrollment activities) and the
account they use for system administration. This means administrators will have two user IDs and passwords. Based
on their login, they will be presented with either the administrative experience within Benefitsolver or the employee
experience within Benefitsolver.
Is the product capable of requiring unique user identification and authentication to shared resources, and all
activity and use of the resource is logged, recorded and reported?
All of Businessolver services are delivered from our single-source platform, Benefitsolver, a SaaS based platform that
P.59
is accessible via web browser. This eliminates the need for administrative accounts and passwords to be shared over
multiple systems and eliminates the risk that comes from housing data in multiple systems. Administrators log in to
Benefitsolver with a unique user ID and password. All activity performed under these unique ID’s are logged and
time stamped within the System.
Is the product capable of restricting access from specific sources using specific protocols? Restricted set of
protocols.
P.60
Businessolver restricts ports other than those necessary to provide service for the application. This includes 443, 80,
21, and 827.
Is the product capable of prioritizing services as determined by Maricopa County to enhance performance
(generally only applied to operating platforms)?
P.61
Businessolver maintains hardware and software to ensure application is available for client use.
Is this product capable of preventing access via Internet Protocol, Service and Port?
P.62
Benefitsolver is a SaaS based platform that is accessible via web browser.
Does this product support checksums and hash values to maintain the integrity of information?
P.63
Businessolver runs checks of the application to ensure that the code being used in the System is confirmed to be
accurate, and there have been no unauthorized changes to the deployed code.
Is this product capable of encrypting data in transit to protect it from unauthorized disclosure?
Yes. Businessolver takes great care with our clients’ data by encrypting data in transit and at rest, and strong
P.64 encryption is leveraged for both. Businessolver requires all PII/PHI transmitted to and from Businessolver systems to
be encrypted during transmission. Businessolver's preference is to transfer files via SFTP (secured via SSH_RSA
key); however, we do support other options for file transfers. The Benefitsolver application is only accessible via
HTTPS, and all traffic is secured with a strong encryption key.
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Is this product capable of terminating communications when sessions are completed?
P.65 Benefitsolver utilizes session cookies, and all sessions are terminated when the browser is closed. Further, for security
purposes, Benefitsolver times-out after 20 minutes of inactivity. Once the session is closed, the session ID cannot be
reused.
Can the product be configured to communicate only with specific assets?
P.66
Benefitsolver is a SaaS based platform that is accessible via web browser.
Is the product capable of utilizing PKI infrastructures?
Businessolver can accommodate custom data elements for SSO tokens if the partner uses Security Assertion Markup
Language (SAML). For inbound SSO, Businessolver has multiple connection options including a proprietary option
P.67
or the SAML standard. For the first option, which does not use SAML, Businessolver accepts SSN and DOB data
elements. For the SAML option, Businessolver usually uses the employee ID rather than SSN; however, we can
accommodate other data elements/items as SAML attributes. These SAML attributes can be mapped to custom fields
for authentication in our System, if necessary.
Is the product capable of utilizing only FIPS 140-2 compliant encryption algorithms (e.g., 128-bit AES)?
P.68
Businessolver is compliant with FIPS encryption algorithms and utilizes AES-256.
Does the product support the ability to use acceptable mobile code such as Java, JavaScript, ActiveX, PDF,
Postscript, Shockwave movies, Flash animations, and VBScript?
P.69
Benefitsolver is a Java based platform.
Does the product support session authenticity during initialization of sessions (e.g., SSL)?
P.70
Yes. The Benefitsolver web application allows connections using a smart configuration of TLS 1.0, 1.1, and 1.2. The
application starts session handshakes through authenticity.
Does the product support the ability to have vendor’s correct flaws (e.g., security vulnerabilities) including
applications, databases, network and system operating platforms?
P.71
Yes. All maintenance to the Benefitsolver platform is provided by Businessolver.
Is the product capable of being scanned using well-known antivirus systems for malicious code?
P.72
Businessolver has strong anti-virus software on all systems. Sophos Enterprise Security is leveraged in our corporate
network. Virus definitions are updated regularly via updates to the definition file from Sophos. The production
operating system is Linux-based and is protected by a web application firewall (WAF).
Is the product capable of restricting personnel from entering data in the asset based on access control (e.g.,
role-based access)?
Yes. Different levels of authority can be configured for Maricopa County's different administrators. Each
administrator can be given view-only or edit rights for more than 50 available permissions in Benefitsolver. Maricopa
County will be able to define the level of access each of your administrators should have. Your Client Centric Team
P.73
will work with you to define the levels of access for each of your roles and will configure the system accordingly.
Further, certain fields in Benefitsolver are privilege-based and can be assigned on an administrator by administrator
basis. For example, administrators can be given permission to view and/or edit employee election information, or this
permission can be restricted. Access can also be restricted by Structure Group. For example, administrators can have
reporting access, but will only be able to view data on their assigned eligibility group(s).
Does the product have the ability to determine whether or not inputs are valid?
P.74
Yes. Benefitsolver performs input validation within certain fields of the application.
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Exhibit K
OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND PER DIEM POLICY
1.0 All Contract-related travel plans and arrangements shall be prior-approved by the County Contract Administrator.
2.0 Lodging, per diem and incidental expenses incurred in performance of Maricopa County/Special District (County)
contracts shall be reimbursed based on current U.S. General Services Administration (GSA) domestic per diem rates for
Phoenix, Arizona. Contractors must access the following internet site to determine rates (no exceptions): www.gsa.gov
2.1 Additional incidental expenses (i.e., telephone, fax, internet and copying charges) shall not be reimbursed.
They should be included in the contractor’s hourly rate as an overhead charge.
2.2 The County will not (under any circumstances) reimburse for Contractor guest lodging, per diem or
incidentals.
3.0 Commercial air travel shall be reimbursed as follows:
3.1 Coach airfare will be reimbursed by the County. Business class airfare may be allowed only when
preapproved in writing by the County Contract Administrator as a result of the business need of the County
when there is no lower fare available.
3.2 The lowest direct flight airfare rate from the Contractor’s assigned duty post (pre-defined at the time of
contract signing) will be reimbursed. Under no circumstances will the County reimburse for airfares related to
transportation to or from an alternate site.
3.3 The County will not (under any circumstances) reimburse for Contractor guest commercial air travel.
4.0 Rental vehicles may only be used if such use would result in an overall reduction in the total cost of the trip, not for the
personal convenience of the traveler. Multiple vehicles for the same set of travelers for the same travel period will not
be permitted without prior written approval by the County Contract Administrator.
4.1 Purchase of comprehensive and collision liability insurance for rental vehicles shall be at the expense of the
Contractor. The County will not reimburse Contractor if the Contractor chooses to purchase this coverage.
4.2 Rental vehicles are restricted to sub-compact, compact or mid-size sedans unless a larger vehicle is necessary
for cost efficiency due to the number of travelers. (NOTE: Contractors shall obtain pre-approval in writing
from the County Contract Administrator prior to rental of a larger vehicle.)
4.3 County will reimburse for parking expenses if free, public parking is not available within a reasonable distance
of the place of County business. All opportunities must be exhausted prior to securing parking that incurs costs
for the County. Opportunities to be reviewed are the DASH; shuttles, etc. that can transport the Contractor to
and from County buildings with minimal costs.
4.4 County will reimburse for the lowest rate, long-term uncovered (i.e. covered or enclosed parking will not be
reimbursed) airport parking only if it is less expensive than shuttle service to and from the airport.
4.5 The County will not (under any circumstances) reimburse the Contractor for guest vehicle rental(s) or other
any transportation costs.
5.0 Contractor is responsible for all costs not directly related to the travel except those that have been pre-approved by the
County Contract Administrator. These costs include (but not limited to) the following: in-room movies, valet service,
valet parking, laundry service, costs associated with storing luggage at a hotel, fuel costs associated with non-County
activities, tips that exceed the per diem allowance, health club fees, and entertainment costs. Claims for unauthorized
travel expenses will not be honored and are not reimbursable.
6.0 Travel and per diem expenses shall be capped at 15% of project price unless otherwise specified in individual contracts.
7.0 Contractor shall provide (upon request) with their invoice(s), copies of receipts supporting travel and per diem
expenses, and if applicable with a copy of the written consent issued by the Contract Administrator. No travel and per
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diem expenses shall be paid by County without copies of the written consent as described in this policy and copies of all
receipts.