#15-6505 (Equifax Workforce Solutions, LLC) FIRST AMENDMENT TO AGREEMENT #15-6505
FOR
AFFORDABLE CARE ACT DATA REPORTING SERVICES
THIS AMENDMENT effective as of July 7, 2023, by and between EQUIFAX
WORKFORCE SOLUTIONS LLC, a provider of Health e(fx) services (the "Vendor") and Collier
County, a political subdivision of the State of Florida, (the "County") (collectively, the"Parties"):
WHEREAS, on July 7, 2015, (Agenda Item 16.E.1), the County entered into an Agreement
with HealthCarelmpact Associates, LLC, which agreement was assumed by the Vendor on January 10,
2023 (Agenda Item 16.E.3) (the "Agreement"), to continue the ACA Services provided by Vendor to
assist County in understanding County's options under the employer shared responsibility provisions of
Internal Revenue Code Section 4980H and related issues under the Patient Protection and Affordable Care
Act of 2010, Pub. L. No. 111-148, and the Health Care and Education Reconciliation Act of 2010, Pub.
L. No. 111-152, and the regulations and guidance issued thereunder; and
WHEREAS, the Parties desire to amend the Agreement to add the attached Employment
Verifications Terms & Conditions services package wherein the Vendor will make available its
employment verification service called"The Work Number" at no additional charge.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
1. The above recitals are hereby incorporated into this First Amendment as if fully set forth herein.
2. The Employment Verifications Terms and Conditions attached to this First Amendment shall
become effective August 1, 2023 and shall be incorporated into the Agreement as Exhibit A.
3. Effective upon execution of this Amendment the term of the Agreement will be renewed as a three-
year term commencing on July 7, 2023 and ending July 6, 2026 (the "Term"). Thereafter, the
Term shall automatically renew for successive one (1) year renewals unless either party provides
the other with written notice of termination at least sixty (60) days prior to the end of the then
current term in effect.
4. Annual Increase.Section 5,Future Pricing,of the Form Fulfillment Services Addendum is hereby
deleted in its entirety and replaced as follows:
"5. Annual Increase. The pricing in this Addendum applies through July 6, 2026. Thereafter,
the fees outlined herein will increase by four percent(4%) on July 7 each year."
5. All other terms and conditions of the Agreement, as previously amended, shall remain the same.
[Signature Page to Follow.]
First Amendment to Agreement#15-6505
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IN WITNESS WHEREOF, the Parties have executed this Second Amendment by an
authorized person or agent on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K.,Kipzel, Clerk COLLIER COUNTY, FLORIDA
& Compt%ol.lel',:":,,
By":, �'PkUPYAL4,40)-k
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;Attest as to, ii il y y
s RICK LOCASTRO, Chairman
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Approve to Form and Legality:
By: . zi°tL-----,
D ty County Attorney
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First Amendment to Agreement#15-6505
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EMPLOYMENT VERIFICATIONS
TERMS& CONDITIONS
The Employment Verifications service(the"Service")is a service owned and operated by Equifax Workforce Solutions LLC,formerly known
asTALX Corporation(a provider of Health e(fx)services),a Missouri limited liability company("EWS"),which provides subscribing employers
with an automated method of providing employment and income verifications to authorized third parties. EWS shall provide the Service in
accordance with these Terris and Conditions("Terms"),any exhibits attached hereto(which are part of the Terms)utilizing the employment and
income data supplied by Client(defined below)to EWS to provide the Service("Data").Client authorizes EWS to provide the Service utilizing
the Data provided by Client to EWS and/or its Health e(fx)affiliate.
1. Fair Credit Reporting Act ("FCRA") Obligations. By information provided by EWS to Client pertaining to the
accepting these Terms, Client acknowledges receipt of the Services; (iii) information of a party which a reasonable
Terms and Exhibit 2 hereto, "Notice to Furnisher". Client person would understand under the circumstances to be
agrees that it shall comply with all of the obligations of a confidential,including information marked as"Confidential,"
furnisher set forth in such Notice to Furnisher. In the event "Proprietary" or words of similar meaning by either party.
that an employee notifies EWS of an error in any Data,and Any Confidential Information acquired or received by either
EWS or Client concludes that the Data is incorrect,Client shall party(the"Recipient")will not be disclosed or transferred to
correct the Data as required. If, after completing an any person or entity other than to employees of a part)'and,as
investigation and acknowledging that the Data is incorrect, to EWS, for the purpose of performing its obligations under
Client does not correct the Data,EWS may as required under these Terms.Further,such Confidential Information will not be
FCRA: (i) correct the Data on behalf of Client, and/or (ii) disclosed until first providing the affected party an opportunity
block the Data from being accessed by verifiers. to object to its disclosure,unless directed otherwise by a Court
of law or lawful order to produce the alleged Confidential
2. Term. These Terms shall bee for an initial term of three(3)
years from ee Effectivehereof. These Terms shall Information. Confidential Information received under these
Date
Terms will be treated with the same degree of care and security
automatically renew for successive one(I)year terms unless as each party uses with respect to its own Confidential
either party provides the other with written notice of Information, but not less than a reasonable degree of care.
termination at least sixty(60)days prior to the end of the then Confidentiality of information contained in this Agreement may
current term in effect. For purposes of these Terms, the be subject to the requirements of the Florida Public Records Act,
"Effective Date"shall mean August 1,2023. Chapter 119,Fla.Stat.,and the Florida Sunshine Law,Chapter
3. Termination. Either party may terminate these Terms if the 286,Fla.Stat.
other party has materially breached the Terms,provided that Upon Client's written request at any time, EWS will purge,
the party claiming breach must give the other party written destroy,or otherwise render inaccessible,Data housed in the
notice and at least thirty(30)days in which to cure the breach EWS production database(s), provided that EWS may retain
before terminating the Terms. archival copies of Data for audit and dispute resolution
4. Payment Terms.The Services performed under these Terms purposes and EWS may retain copies of Data on encrypted
are provided at no cost to the Client. back-up media in which such Data is co-resident with other
employment and income data. EWS shall remain under its
5. Data.Client acknowledges that the ability of EWS to provide contractual obligation of confidentiality and security to Client
accurate information is dependent upon accurate Data from during such retention and such obligations shall survive
Client. Client agrees to maintain its Data in an accurate, termination of the Agreement.
complete and current manner,to provide EWS with Data on
employees of Client,and to notify EWS in advance of any and 8. Limitation of Liability. IN NO EVENT SHALL
all changes or modifications in format of the Client's computer DAMAGES BY EITHER PARTY HEREUNDER EXCEED
interface and/or the Data.EWS may use depersonalized Client THE TOTAL FEES PAID BY CLIENT TO EWS AND/OR
Data to perform analytics, modeling and/or demographic HEALTHCARE IMPACT ASSOCIATES, L.P. DURING
studies. Depersonalized Client Data shall not include any THE TWELVE MONTHS PRIOR TO THE ACT OR
information that individually,or collectively,could be used to OCCURRENCE WHICH GIVES RISE TO THE CLAIM.
specifically identify either Client or Client's employees. ANY OTHER TERM OR PROVISION HEREIN TO TI IE
CONTRARY NOTWITHSTANDING, IN NO EVENT
6. Modification of Service Description.EWS reserves the right SHALL EITHER PARTY, OR ITS AFFILIATES, THEIR
to modify the Service from time to time. If the modification DIRECTORS,OFFICERS OR EMPLOYEES, BE LIABLE
shall be a substantial change from the Service Description FOR LOSS OF PROFITS OR FOR INDIRECT,PUNITIVE,
Overview, attached hereto as Exhibit 1, EWS shall provide SPECIAL, INCIDENTAL OR CONSEQUENTIAL
written notice of the change to Client. A substantial change DAMAGES ARISING OUT OF OR RELATED TO THE
shall be a change which is inconsistent with this Service PERFORMANCE OF THIS SERVICE, EVEN IF THAT
Description Overview. A change that does not PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
alter functionality of the Service, such as a change for SUCH DAMAGES. o .Tar. e "4 '', 'r..;�;7Ar '';? -'•
upgraded security of Data, is not a substantial change.Client
may terminate the Service by written notice to EWS within These Terms and the Exhibits heretoishall be-bindi�mg on the parties
thirty (30) days after notice of a substantial change to the upon the date last executed below.;. ,_,
g ' f- Y i AL.K. KIN .I" L, CLERK
Service Description Overview. Such termination shall be "Client" C R CO NT t r i .
effective ninety(90)days after notice is provided unless Client _ '
provides for an earlier or later effective date of termination in By: r _
,' -3 - `, Deputy Clerk
the notice of termination. Absence of such termination shall h
constitute Client's agreement to the modified Service Name: I c . (; t-i A;r li•ri ,.K
Description Overview. Title: G��.:r r. .� yj
7. Confidentiality. The parties agree that the following will be Date: D"J f 1 2-f-�� • ` 'tv •
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treated as "Confidential Information": (i) all Data; (ii) all ir...
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EXHIBIT 1—EMPLOYMENT VERIFICATIONS
SERVICE DESCRIPTION OVERVIEW
Parties to Verifications.
EWS is authorized by Client to provide employment and income verification of Client's employees. The Service is designed to assist(i)
Client, (ii) employees of Client, and (iii) commercial, private, non-profit and governmental entities ("Verifiers") who wish to verify an
employee's employment and/or income.
Client Interests.
Client provides Data to EWS on a regular basis and EWS provides employment and/or income verifications to Verifiers. For a Manual
Verification,EWS,when requested by Verifiers and as Client's sole agent,will request employment verifications via phone,fax or automated
request as agreed upon by the parties,and Client will provide Data to EWS upon request.
EWS does not guarantee the accuracy of Data provided by Client. EWS will assure due diligence is taken to protect Client Data in accordance
with good industry practices.
EWS may use Client's name in routine communications EWS undertakes to Verifiers,to inform Verifiers of participation by clients in the
Service in order to serve clients more efficiently and to reduce calls to clients from Verifiers.
Employee Interests.
Employees of Client may need verification of employment and/or income to qualify for home loans,automobile loans,chattel loans,social
services programs,confirm immigration status or obtain worker's compensation payments. The Employment Verifications service provides
the necessary verification on a timely basis.
Verifier Interests.
Verifiers may obtain different amounts of information and in different manners dependent on the nature of the Verifier and the nature of the
relationship with EWS. Verifiers may be commercial verifiers such as mortgage lenders, pre-employment screeners, automobile lenders,
property managers, parties to consumer lending and others; social service agencies seeking to qualify an employee for social service
assistance; child support agencies providing support for dependent children; immigration officials needing confirmation of employment;
insurers;law enforcement agencies;or other Verifiers with a need to verify employment or income.
EWS will serve the interests of Client,employees of Client and Verifiers(i)by providing verifications to relieve the employer of the burden
of employment and income verification obligations as often as practicable; (ii)by providing verifications where the employee has applied
for a benefit(such as a job application, qualification for social services assistance or a loan application)or has obtained a benefit and the
Verifier is seeking to determine whether the employee is qualified to receive the benefit or is seeking to enforce obligations undertaken by
the employee in connection with the benefit;(iii)by providing verifications where the employee is obligated by Federal,state or local law to
provide the verification information to the Verifier;and(iv)by providing analytics,modeling and/or demographic studies that will not include
any information that individually,or collectively,could be used to specifically identify either Client or Client's employees.
Fair Credit Reporting Act.
EWS is a Consumer Reporting Agency("CRA"),as defined by the FCRA. As such,EWS complies with the FCRA in providing the Service.
EWS's FCRA compliance enhances the protections available to Client's employees,with respect to the privacy and accuracy of the Data.
Client acknowledges that EWS has the responsibility to maintain Data accuracy as required under the FCRA,and grants EWS the authority
necessary to fulfill this responsibility.
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EXHIBIT 2
All furnishers of consumer reports must comply with all applicable regulations,including regulations promulgated after this
notice was first prescribed in 2004.Information about applicable regulations currently in effect can be found at the Consumer
Financial Protection Bureau's website, www.consumerfinance.gov/learnmore.
NOTICE TO FURNISHERS OF INFORMATION: OBLIGATIONS OF FURNISHERS UNDER THE FCRA
The federal Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681y, imposes responsibilities on all persons who furnish information to
consumer reporting agencies(CRAs).These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. 1681s-2. State law may impose
additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to
consult with their counsel to ensure that they are in compliance. The text of the FCRA is set forth in full at the Bureau of Consumer Financial
Protection's website at www.consumerfinance.gov/learnmore. A list of the sections of the FCRA cross-referenced to the U.S.Code is at the end
of this document.
Section 623 imposes the following duties upon furnishers:
Accuracy Guidelines
The banking and credit union regulators and the CFPB will promulgate guidelines and regulations dealing with the accuracy of information
provided to CRAs by furnishers.The regulations and guidelines issued by the CFPB will be available at www.consumerfinance.gov/learnmore
when they are issued.Section 623(e).
General Prohibition on Reporting Inaccurate Information
The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is
inaccurate.However,the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers
may write to notify the furnisher that certain information is inaccurate.Sections 623(a)(1)(A)and(a)(1)(C).
Duty to Correct and Update Information
If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the
information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In
addition,the furnisher must notify all CRAs that received the information of any corrections,and must thereafter report only the complete and
accurate information. Section 623(a)(2).
Duties After Notice of Dispute from Consumer
If a consumer notifies a furnisher, at an address specified for the furnisher for such notices, that specific information is inaccurate, and the
information is,in fact,inaccurate,the furnisher must thereafter report the correct information to CRAs.Section 623(a)(1)(B).
If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher,the
furnisher may not subsequently report that information to a CRA without providing notice of the dispute.Section 623(a)(3).
The federal banking and credit union regulators and the CFPB will issue regulations that will identify when an information furnisher must
investigate a dispute made directly to the furnisher by a consumer. Once these regulations are issued,furnishers must comply with them and
complete an investigation within 30 days(or 45 days,if the consumer later provides relevant additional information)unless the dispute is frivolous
or irrelevant or comes from a"credit repair organization."The CFPB regulations will be available at www.consumerfinance.gov/learnmore.
Section 623(a)(8).
Duties After Notice of Dispute from Consumer Reporting Agency
If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher,the furnisher
has a duty to follow certain procedures. The furnisher must:
• Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the
consumer. Sections 623(b)(1)(A)and(b)(1)(B).
• Report the results to the CRA that referred the dispute,and,if the investigation establishes that the information was,in fact,incomplete
or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a
nationwide basis.Section 623(b)(1)(C)and(b)(1)(D).
• Complete the above steps within 30 days from the date the CRA receives the dispute(or 45 days,if the consumer later provides relevant
additional information to the CRA).Section 623(b)(2).
• Promptly modify or delete the information,or block its reporting. Section 623(b)(1)(E).
Duty to Report Voluntary Closing of Credit Accounts
If a consumer voluntarily closes a credit account,any person who regularly and in the ordinary course of business furnishes information to
one or more CRAs must report this fact when it provides information to CRAs for the time period in which the account was closed. Section
623(a)(4).
Duty to Report Dates of Delinquencies
If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss,or subject to any similar
action,the furnisher must,within 90 days after reporting the information,provide the CRA with the month and the year of the commencement
of the delinquency that immediately preceded the action,so that the agency will know how long to keep the information in the consumer's
file. Section 623(a)(5).
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Any person, such as a debt collector,that has acquired or is responsible for collecting delinquent accounts and that reports information to
CRAs may comply with the requirements of Section 623(a)(5)(until there is a consumer dispute)by reporting the same delinquency date
previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable
procedures to obtain and report delinquency dates,or,if a delinquency date cannot be reasonably obtained,by following reasonable procedures
to ensure that the date reported precedes the date when the account was placed for collection,charged to profit or loss,or subjected to any
similar action. Section 623(a)(5).
Duties of Financial Institutions When Reporting Ne2ative Information
Financial institutions that furnish information to "nationwide" consumer reporting agencies, as defined in Section 603(p), must notify
consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623(a)(7). The Consumer Financial
Protection Bureau has prescribed model disclosures, 12 CFR Part 222,App.B.
Duties When Furnishing Medical Information
A furnisher whose primary business is providing medical services,products,or devices (and such furnisher's agents or assignees)is a medical
information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623(a)(9). This notice
will enable CRAs to comply with their duties under Section 604(g)when reporting medical information.
Duties When ID Theft Occurs
All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of
identity theft,and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified
as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section
623(a)(6). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each consumer reporting
agency of the correct information and must thereafter report only complete and accurate information. Section 623(a)(2). When any furnisher
of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft,the furnisher may
not sell,transfer,or place for collection the debt except in certain limited circumstances.Section 615(4
The Consumer Financial Protection Bureau website,www.consumerfinance.gov/learnmore, has more information about the FCRA.
Citations for FCRA sections in the U.S.Code,15 U.S.C.&1681 et sea.:
Section 602 15 U.S.C. 1681 Section 615 15 U.S.C. 1681m
Section 603 15 U.S.C. 1681a Section 616 15 U.S.C. 1681n
Section 604 15 U.S.C. 1681b Section 617 15 U.S.C. 16810
Section 605 15 U.S.C. 1681c Section 618 15 U.S.C. 1681p
Section 605A 15 U.S.C. 1681cA Section 619 15 U.S.C. 1681q
Section 605B 15 U.S.C. 1681cB Section 620 15 U.S.C. 1681r
Section 606 15 U.S.C. 1681d Section 621 15 U.S.C. 1681s
Section 607 15 U.S.C. 1681e Section 622 15 U.S.C. 1681s-1
Section 608 15 U.S.C. 1681f Section 623 15 U.S.C. 1681s-2
Section 609 15 U.S.C. 1681g Section 624 15 U.S.C. 1681t
Section 610 15 U.S.C.1681h Section 625 15 U.S.C. 1681u
Section 611 15 U.S.C. 1681i Section 626 15 U.S.C. 1681v
Section 612 15 U.S.C. 1681j Section 627 15 U.S.C. 1681w
Section 613 15 U.S.C. 1681k Section 628 15 U.S.C. 1681x
Section 614 15 U.S.C. 16811 Section 629 15 U.S.C. 1681y
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