CONTRACT 6226 One Page Service AgreementAgreement No. 6226
CONTRACTOR: AMERICAN TECHNOLOGY SOLUTIONS, CORP. DATE MAILED: /1ko
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of El
Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please
include. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or
88. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property
damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as "additional
insured's" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by the City will be excess thereto. Such insurance must be on an "occurrence," not a "claims
made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a purchase order or an
authorization to begin work.
® Corn rehensiye +Senerat Liability including coverage for premises, products and completed operalions, independent contractors,
personal injury and contractual obligations with combined single limits of coverage of at least J1,2Q0,000 per occurrence.
® Auto Liability, including owned, non -owned and hired vehicles with at least:
® $1,000,000 per occurrence,
❑ $100.000 - 300.000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® Workers" Compensation tnsurance: as required by State Statutes, (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
® Business License: The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase
said license (at no cost to the City).
❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate, Call the
Planning Manager @ (310) 524-2340 if you have questions.
❑ C v of valid Dicture l.D, (Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGERIPURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FOR THE CITY.
SubmMt d b corn let aIt blanks COLOR COPY REQUIRED BACK TO THE CITY
Company Name:
By (Print name & title):
AMERICAN TECHNOLOGY SOLUTIONS, CORP
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Company Street Address:
Vend oes Author" ed "nature required:
1212 S. Naper Blvd, Suite 119-201
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City, State, Zip:
Date signed:
Naperville, IL 60540
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Phone:
FAX:
�30 '53�-1252
Vendor's Email ddress:
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Vendor's Web site:
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g originalp agreementy Segundo — City Clerk 350 Main Street, Room 5, El Segundo, CA 90245.3 13
On IinalorlDe artment Contact:
an insurance to: i t 61 O n ifs Dale initiated: _ 0 i y I U 2J
Department Head Approval: k Date Approved: _ i I
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lnsurance,A,'pproval; z.. m' Date Aoo12-6-21
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Ame dca l Technology Services One -Page Services Agreement v Manager
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Clerk
Agreement No. 6226
1.GENERALLY. The materials, supplies, or services (collectively, "Purchase")
covered by this services agreement and purchase order ('order') must be
furnished by Seller subject to all the terms and conditions contained in this order
which Seller, in accepting this order, agrees to be bound by and comply with in
all particulars. No other terms or conditions are binding upon the parties unless
subsequently agreed to in writing. Written acceptance or shipment of all or any
portion of the Purchase covered by this order constitutes unqualified acceptance
of all terms and conditions in this order. The terms of any proposal referred to in
this order are included and made a part of the order only to the extent it specified
the Purchase ordered, the price, and the delivery, and then only to the extent
that such terms are consistent with the terms and conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in this
order, free from all defects in Seller's performance, design, workmanship, and
materials, and, except as otherwise provided, is subject to inspection and test by
City at all limes and places. If, before final acceptance, any any Purchase is
found to be incomplete, or not as specified, City may reject it, require Seller to
correct it without charge, or require delivery of such Purchase at a reduction in
price that is equitable under the circumstances, If seller is unable or refuses to
correct such ilems within a time deemed reasonable by City, City may terminate
the order in whole or in part. Seller bears all risks as to rejected Purchases and,
in addition to any costs for which Seller may become liable to City under other
provisions of this order, must reimburse City for all transportation costs, other
related costs incurred, or payments to Seller in accordance with the terms of this
order for unaccepted Purchases. Notwithstanding City's acceptance of any
Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as
constitute fraud,
3.CHANGES. City may make changes within the general scope of [his order in
drawings and specifications for specially manufactured supplies, place of
delivery, method of shipment or packing of the order by giving notice to Seller
and subsequently confirming such changes in writing. If such changes affect the
cost of or the time required for performance of this order, an equitable
adjustment in the price or delivery or both must be made. No change by Seller is
allowed without City's written approval. Any claim by Seller for an adjustment
under this section must be made in writing within thirty (30) days from the date of
receipt by Seller of notification of such change unless City waives this condition
in writing. Nothing in this section excuses Seller from proceeding with
performance of the order as changed.
4. TERMINATION, City may terminate this order at any time, either verbally or in
writing, with or without cause. Should termination occur, City will pay Seller as
full performance until such termination the unit or pro rate order price for the
performed and accepted portion of the Purchase. City may provide written
notice of termination for Seller's default if Seller refuses or fails to comply with
this order. If Seller does not cure such failure within a reasonable time period, or
fails to perform the Purchase within the lime specified (or allowed by extension),
Seller will be liable to City for any excess costs incurred by City.
5.TIME EXTENSION. City may extend the time for completion if, in City's sole
determination, Seller was delayed because of causes beyond Seller's control
and without Seller's fault or negligence. In the event delay was caused by City,
Seller's sole remedy is limited to recovering money actually and necessarily
expended by Seller because of the delay; there is no right to recover anticipated
profit.
6.REMEDIES CUMULATIVE. City's rights and remedies under this order are not
exclusive and are in addition to any rights and remedies provided by law.
TTITLE. Title to materials and supplies purchased under this order pass directly
from Seller to City upon City's written acceptance following an actual inspection
and City's opportunity to reject.
8,13AYMENT". City will pay Seller after receiving acceptable invoices for
malerials and supplies delivered and accepted or services rendered and
accepted. City will not pay cartage, shipping, packaging or boxing expenses
unless specified in this order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from
and against any claim, action, damages, costs (including, without limitation,
attorney's fees), injuries, or liability, arising out of the Purchase or the order, or
their performance. Should City be named in any suit, or should any claim be
brought against it by suit or otherwise, whether the same be groundless or not,
arising out of the Purchase or order, or their performance, Seller will defend City
(at City's request and with counsel satisfactory 10 City) and indemnify City for
any judgment rendered against it or any sums paid out in settlement or
otherwise. For ourooses of this section 'City' includes City's officers, eiecled
officials, and employees. It is expressly understood and agreed that the
foregoing provisions will survive termination of this order', The requirements as
to the types and limits of insurance coverage to toe rnaintained by Seller, and any
approval of such insurance by City, are not intended to and will not in any
manner limit or qualify the liabilities and obligations otherwise assumed by Seller
pursuant to this order, including, without limitation, to the provisions concerning
indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the most
favorable commercial warranties the Seller gives to any customer for the same
or substantially similar supplies or services, or such other more favorable
warranties as is specified in this order. Warranties will be effective
notwithstanding any inspection or acceptance of the Purchase by City.
11.ASSIGNMENT. City may assign this order. Except as to any payment due
under this order, Seller may not assign or subcontract the order without City's
written approval. Should City give consent, it will not relieve Seller from any
obligations under this order and any transferee or subcontractor will be
considered Seller's agent.
12.INSURANCE. Seller must provide the insurance indicated on the face sheet
of this Services Agreement.
13,PERMITS. Seller must procure all necessary permits and licenses, and abide
by all federal, state, and local laws, for performing this order.
%INDEPENDENT CONTRACTOR, City and Seller agree that Seller will act as
an independent contractor and will have control of all work and the manner in
which is it performed. Seller will be free to contract for similar service to be
performed for other employers while under contract with City. Seller is not an
agent or employee of City and is not entitled to participate in any pension plan,
insurance, bonus or similar benefits City provides for its employees. Any
provision in this order that may appear to give City the right to direct Seller as to
the details of doing the work or to exercise a measure of control over the work
means that Seller will follow the direction of the City as to end results of the work
only.
15.WAIVER. City's review or acceptance of, or payment for, work product
prepared by Seller under this order will not be construed to operate as a waiver
of any rights City may have under this Agreement or of any cause of action
arising from Seller's performance, A waiver by City of any breach of any term,
covenant, or condition contained in this order will not be deemed to be a waiver
of any subsequent breach of the same or any other term, covenant, or condition
contained in this order, whether of the same or different character.
%INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any
action involving this agreement will be in Los Angeles County.
17. PREVAILING WAGES. If required by applicable state law including, without
limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774,
1775, and 1776, CONTRACTOR must pay its workers prevailing wage. It is
CONTRACTOR'S responsibility to interpret and implement any prevailing wage
requirements and CONTRACTOR agrees to pay any penalty or civil damage
resulting from a violation of the prevailing wage laws. In accordance with Labor
Code § 1773.2, copies of the prevailing rate of per diem wages are available
upon request from CITY"s Engineering Division or the website for State of
Catifornia Prevailing wage determination at W!L, lLww.d r.oa, ovID� SR PP'VVD, A
copy of the prevailing rate of per diem wages must be posted at the job site.
18. CONSIDERATION. As consideration, CITY agrees to pay CONTRACTOR
for CONTRACTOR's services not to exceed a total of $5,000.00 ( Five thousand
dollars) for the work. CITY wall pay for work as specified in the attached Exhibit
"A," which is incorporated by reference.
Services to Include:
Refer to attached Exhibit "A"
American Technology Services One -Page Services Agreement with Prevailing Wages
1111121
Agreement No. 6226
EXHIBIT A
AMERICAN TECHNOLOGY SOLUTIONS
Proposal for ATS MyACA Portal System
Created for:
City of El Segundo
September 24, 2021
Agreement No. 6226
EXHIBIT A
Proposal for ATS MyACA Portal System and Services
INTRODUCTION
American Technology Solutions (ATS) provides a complete automated solution for managing,
distributing„ and administering 1095-C 'tax documents. ATS MyACA is an online web -based
solution that provides ,your employees with access to 'their 1095-C's 24 hours a day 7 days a
week,. ATS MyACA is a service that automates the distribution of electronic 1095-C's and helps
facilitate the correction process. With
this service the 1095-Cs remain available
to employees for up to 7 years. ± M
This service is in full compliance with IRS
regulations and offers secure, password -
protected online access. Employees can
access their 1095-C through a secure,
web interface. They may view, print or
email their 1095-C from the current or
prior year. If the employee still prefers a
paper -based 1095-C, the system can
accommodate them as well.
ATS MyACA can be configured to
outsource the printing and distribution of
paper 1095-Cs. The 1095-C forms are
�.
folded to create a mailer that is sealed ` ""� - e •• -� -=� �" ::
during production. There are no envelopes„ The 1095-Cs can be mailed directly to the employee
or shipped to one or more locations for your distribution. ATS MyACA is a seamless integrated
service for all employees„ no matter how they receive their 1095-C.
Employer Advantages
o Reduce printing costs, forms costs, and postage costs
o No software or hardware investment required.
o Improve service and see a measurable return on investment.
o Reduce the usual flood of phone calls for reprints and corrections.
o Eliminate the need to track down lost 1095-Cs to make copies.
o Provides online access for active and terminated employees.
Employee Advantages
o Access 1095-Cs earlier than traditional mailing
o Eliminates the chance that the 1095-C will get lost, misdirected or delayed during delivery,
or misplaced once the employee receives it.
o View and print current or past 1095-C's when most convenient, in the home or office.
o Obtain additional 1095-C copies for reprint anytime and anywhere.
About ATS
American Technology Solutions, Corp. is a dedicated group of specialists committed to serving the
needs of busy HR and Payroll Managers. The ATS vision is clearly focused on the efficient
production of year-end tax forms using the latest and most innovative technologies. ATS
understands the issues many organizations face today and has developed and applied technology
to really help with that process. Our mission is to provide our clients with timely and efficient
document and tax form delivery and reporting. Most importantly, ATS works very hard to help ease
the hassles and headaches of your ongoing print and mail process. Since ATS is 100% dedicated
to the document output process, the level of attention each of our clients receive is unmatched in
the industry. To stand behind our commitment, ATS offers a 100% money back guarantee if you
are not completely satisfied with the service provided.
Confidential Information Page: 2 September 24, 2021
Agreement No. 6226
EXHIBIT A
Proposal for ATS MyACA Portal System and Services
COST BREAKDOWN
ATS MyACA Portal System and Services (Special Group Pricing)
Q
Descri tion
Unit Price
Cost
ATS MyACA System — Setup and Configuration
1.0
Account Set-up includes:
Included
Included
o Build Administrators and Access Rights
o Develop Custom Interfaces
2.0
2021 Database Load with 1095-C Production and Test File
$50.00
$100.00
1.0
2021 1095-C Datamap
$250.00
$250.00
1.0
2021 1095-C Laser Design Template for Print/Mail
Included
Included
1.0
2021 1095-C Online Form Encrypt/EmaillPrint ii-up 8.5 x ii)
Included
Included
1.0
ATS MyACA System — Batch Processing
Included
Included
o Build 1095-C Forms
1.0
ATS MyACA System — Hosting and Storage
$500.00
$500.00
o Includes 1095-C data (250 individuals per year)
0 2021 1095-C data & forms retained online for 7 years
o Zero -Downtime — 95% infrastructure availability
1.0
ATS MyACA System - Employer Administration
Included
Included
0 1095-C Print, Email, Create, Update, Delete
o Online Proof Approval
o ATS Reporting
0 Q/A Data Analysis and Totals
1.0
2021 IRS 1094-C Electronic Filing for a single EIN
$50b.00
$500.00
o Annual Transmittal completed by 3/31
o All Correction Transmittals made during the year
ATS MyACA System — Print/Mail/Electronic Access
Varies
1095-Q" or current esr non-consenffing errs to ees
1.98
Varies
0 1095-C Processing, Printing, Folding/Sealing & Mail
o Pressure Seal Stock (1-up 8.5 x 14) and Postage
Varies
Enr
ze
Varies.
o Online 1095-C Print and Email Function
o Online Employee Consent AcceptanceANithdrawal
o Change Password
Annual Setup, Configuration, Hosting and Estimated Processing Cost: $1,350.00
1 The .98 cost per 1095-C ivill be for those employees that have not issued consent and therefore
by default elected to receive a hard -copy 1095-C.
' A .40 per employee per year consent charge ►rill be incurred as a result of an employee electing
to receive their 1095-C electronically
Confidential Information Page: 3 September 24, 2021
Agreement No. 6226
EXHIBIT
Proposal for ATS MyACA Portal System and Services
ATS M ACA Portal System and Services
Qty
I Description
Unit Price
Cost
OPTIONAL SERVICES (Not included in quote)
0.0
Each Additional Online 1095-C Account Set-up
$150.00
$0.00
o Unique Access Identification Number
o System Admin. User Name and Password
o On screen Display of Client Logo
0.0
Custom Client Login Page
$950.00
$,00
0.0
Design Custom Client Login Page (not required if client provides
$500.00
$.00
HTML)
0.0
Each Additional Database Load with 1095-C Production File
$50.00
$.00
0.0
Each Additional Database Load with 1095-C Test File
$50.00
$.00
0.0
Additional IRS 1094-C Electronic Filing for a single EIN
$250.00
$.00
Conridcntial information Page: 4 September 24, 2021
Agreement No. 6226
EXHIBIT A
Proposal for ATS MyACA Portal System and Services
SECURITY AND PRIVACY PROTECTION
The American Technology Solutions, Corp. (ATS) PrintFreedom web application has
security measures in place to protect the loss, misuse and alteration of our client's , tax form
information, The ATS PrintFreedom web application makes use of Secure Sockets Layer
(SSL) encryption, the Internet's leading encryption standard, as well as encrypted security
password keys for login access. SSL is used to encrypt the tax form information being sent
between our client's web browser and the ATS PrintFreedom Web application.
Encryption is a process, in which the information being 'transmitted between two parties is
"scrambled" in transit. SSL encryption creates a secure link between two computers by
establishing a process in which each computer can unscramble (unencrypt) the other's
information
The browser should indicate whether or not it is operating in a secure site. Most browsers
display an alert box advising the user that they are requesting pages from a secure site,
and the browser will prompt the user for permission to continue. Most browsers will also
alert the user when leaving a secure site, and then ask permission to continue, However,
this alert, feature can be turned off within the browser's preferences, if there are questions
about the security of the web pages please contact your ATS Account Manager.
In addition to securing the web application and transport mechanism, ATS takes great care
to safeguard all tax form information that is uploaded or transmitted to ATS and stored on
ATS computers, servers, and databases. This protection includes the use of network
intrusion prevention and detection technology as, well as other industry accepted security
practices. ATS takes a proactive, comprehensive approach by providing our client's the
industry's most potent security tools and techniques, designed, built and maintained
specifically for mission critical business applications.
The data center includes traditional locks and access controls, motion detection, video and
biometric surveillance systems. Robust fire suppression, HVAC, power feeds and
generator backups protect the physical plant, and hot-swappable servers and routers are
available in the event of an outage. The center provides 24x7x365 staffed security and the
monitoring of both internal devices and external threats. The data, center is 100% Cisco
Powered Network, b0ft on hardened routers and regularly audited by Cisco, ensures
maximum security protection for every client, Well -configured firewails are implemented
and non -essential features are deactivated to further protect the tax form data and business
application. All devices, are subject to full security testing before they are deployed, The
data center provides web security specialists that have earned Cisco Certified Security
Professional, Certified Information System Security Professional and other security
certifications. The data center offers scanning of software and network elements for
detection of viruses and other security vulnerabilities.
ATS takes a multi -layered approach to keeping our client's information reliable and secure
Confidential Information Page: 5 September 24, 2021
Agreement No. 6226
EXHIBIT A
Proposal for ATS MyACA Portal System and Services
PROJECT ACCEPTANCE PAGE
City of El Segundo has agreed to authorize American Technology Solutions to proceed
with the system set-up and configuration of the ATS MyACA Portal System.
City of El Segundo has agreed to proceed with the use of the ATS MyACA Portal System
for an estimated cost of $1 3� plus the 1095 Print/Mail and Electronic Access fee.
An Advance Deposit of $15,0.00 is due upon contract initiation.
Proposal is valid for 180 days.
Acceptor Name:
Title: �..�. .�.�S01
�I
Signature: 1 " N'�` & .
Date:
P.O. Number.
Upon acceptance, please mail Purchase Order to:
Accounts Receivable,
American Technology Solutions
Suite 119-201
1212 S. Naper Blvd
Naperville, IL 60540
For immediate processing, please fax or email signed Acceptance Page
to:
Attn: Client Services
Fax: 630.839.7252
Email: MRichier@ATScOnline.com
Confidential Information Page: 6 September 24, 2021