No preview available
 /
     
Res No 045-12-13602RESOLUTION 45 -12 -13602 A Resolution authorizing the City Manager to enter into an evergreen agreement with Paychex, Inc to provide payroll services integrated software solution. WHEREAS, the City has evaluated internal costs associated with employee payroll processing; and WHEREAS, Paychex, Inc now has evaluated internal payroll processes and provided recommendations to reduce costs and increase efficiency; and WHEREAS, the City, has determined an annual estimated cost savings of $44,500 can be realized, and process improvements can be attained by entering into an agreement with Paychex, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager is hereby authorized to enter into a five (5) year agreement with Paychex, Inc for an estimated annual total cost of $18,000 to be charged to account No. 001.1410.513.3450, Finance Contractual Services, with a current balance of $4,325.70. A copy of the agreement is attached. Section 2. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 21 stday of February , 2012. ATTEST: APPROVED: CITY CLERK MAYO COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea South Miami h A1i•lunerica Cii� CITY OF SOUTH MIAMI t1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission THROUGH: Hector Mirabile, PhD, City Manager FROM: Latasha Nickle DATE: February 13, 2012 Agenda Item No.: SUBJECT: A Resolution authorizing the City Manager to enter into an evergreen agreement with Paychex,' Inc to provide payroll services integrated software solution. BACKGROUND: The City evaluated internal costs associated with employee payroll processing and determined an annual estimated cost savings of $44,500, with process improvements attainable. Paychex, Inc. now has evaluated internal payroll processes and provided recommendations to reduce costs and increase efficiency. In accordance with competitive price procedures four (4) companies have provided proposals, Fidelity Quickpay, Paychex, Inc, ADP, Inc. and Paylocity. Vendor Amount Fidelity Quickpay $ 6,864.00 Paychex, Inc. $ 12,150.16 ADP, Inc. $ 15,106.00 Paylocity $ 16,949.00 City staff believes that Paychex, Inc. is the vendor which provides the greatest product for the amount being priced. Paychex, Inc. is proposing payroll administration, tax pay services, garnishment payment services and employee online services. Furthermore, Paychex, Inc. is including in the proposed amount the Human Resources Online Module which includes a central data portal for managing company and employee human resource information. A central administrative database eliminates the inefficiencies and inaccuracies of managing data in multiple places throughout the organization. Custom workflows and screen displays add convenience while reducing administrative labor cost. Supervisor and employee self- service options further increase efficiencies and cost savings advantages. Paychex Inc. integrates with Executime, the City's existing time & attendance system. With bilateral communication every 10 minutes this further enhances time tracking and accessing employee work time and schedule as well as time accruals for the manager and the employee. ACCOUNT: 001.1410.513.3450, Finance Contractual Services, with a current balance of $4,325.70. EXPENSE: Estimated annual cost of $18,000. ATTACHMENTS: Resolution for approval Paychex, Inc major market services agreement Paychex, Inc proposal , Paychex, Inc addendum Company Proposals Rep 9: Read and complate this [term. R��� Company Name City of South Miami Office /Client Number 0 Federal ID Number S q& 0 0 0 g 3 t This Nychex ,Ulajor Market Services Agreement ( "Agrcemeni') is entered into between Paychex, Inc. ( "Paychex"), Ip ated in Rochester, New York and.the Company identified above ( "C,lieni'). The Agreement will continue until terminated by Client or by Paychex in accordance with the provisions contained in this Agreement. 1. Services. Client employs Paychcx to provide Payroll services arid the servioas initialed below {" Services'). All Services ore described in the product Terms and Conditions section of this Agrectuent_ Paychex will not commence any of the Services until Ptychcx receives 1111 documents necessary to brgin each of the Services and notifies Clicnt of the date Paychex will commence each of the Service-, ("Service Effective One "). Client acknowledges thus each, of the Services may have, separate Service Effective Dates and Paychex msy'cornmcnce performance for one (1) or more Services without vbligatir+g itself to commence all Services scicctad by Client. Until the 'Service Effective Date, Client will proOde for itself, the Services requested of Paycl-,cx ayehex nssvmcs no responsibility for Services prior to the Service Effective Date, �. Prelrlew(0 Hosting Service k Paychex° OR Online X ill.! .rig luv lx . } Yaxpay" (includes SUI Support Service) Pavchee Time and labor Online Tanpayo NOW Sul Suppod Service) p .V1-rPh i State unemployment insurance Service (SUl3) rltifia +} Direct Deposit x ReadychexO 'A Itr.sftars} check Signing hecll inserlion Iw rat. Logo Service l�lir�rsl elv Hire Reporting preerx7ts} Paychex° Expense Manager . commis} _ Employee Access Online (EAO) \ftl aveltex° Online W -2 Service A Co Ln alferless Payroll t` u ru ;Y i• Paychex' Employee Screening Say.1ces ,7ti171A1.A , COBRA Adminlstrallon nxnrvst . Piemlum 0* Plan (POP) ! L11 ,x Garnishment PaylnegSerylce' )< pVnrlr_YI "" Client agrees that Paychex is not rendering legal, tax, accounting, or investment advice in connection with the Services to be performed, nor will Paychex be deemed a fiduciary of Client or the employer or joint employer of Client's employees: Paychex will not be responsible for Client's complimce. sbith, nor will Paychex provide legal or other financial advice to `Client with respect: to federal, state, arid'loca) statutes, regulations, or ordinances including, but not limited to,. the hair Gabor Standards Act or any srntc equivalent, Client -agues to comply with any and all applicable federal, state, and local laws or ordinances. .1 Client understands that this Agreement (Rev. 5/10) may be considered an application for credit and hereby authurixes Paychex to investigate the credit of the Client and /or its principals, including vendor references, bank account status, and history (collectively. "Client's Credit"). Paychex' performance of the Services under this Agreement is subject to approval of Client's Credit. Client warrants that it possesses full power and authority to enter into this-Agrecmenr, and has rend and agrees to the terms and conditions set forth in sections 1 -24 of this Agreemeni Authorized Officer's Name �r£' Y'—,i l ]i P�i, } Title (tee' 'J P Authorized Officer's Signature l Date 7-/t Z P.ige 1 CJ6 Rm 5 /te 2. Product Tcrms and Conditiolts. I'xyr011 Services. P.kychesc- will.procEss CGcnes payroif based saltily on Ciicnt Inforimidort provided by- Clicnr, prepard pa37oll checks drawn on Client's hams account ear as otherwise directed by Client, in 'tlsis 4rTtemert, prepare payroll reports for each ptycoil processed by s: ]lent, and proYidc'the payroll reporti and checks and /ar payroll check stubs ra Client Ftfrreview and distribution. Fayichcx will.prepirts`payrall tax return; fqr taxes ielanFified on the Payroll Coyer kttc, and drli�er ra Client for the 'Cf °sent to revico ,sign, and gle. Payehik wi[f nat be resporrsible far•the ioritittance of payroll tatces :of other taxes or far the filing of tvrrakptns for Cliems tbhn elect not to r:ceive the Iaxpay'' service. Prcvicw'I$itA169 Stir -Ocd. 3'aychcx %A provide d hoxtipg envirQnhnnn[ fdr Clictht ;to access the Pbychrat. Preview- software applicW. (i°prcview`} tbroug6 the Internet usiltg -a thin] parry. appucncie.,ri as. An alterliativt to %iiutallireg Provievi •dn Ch'cwt- cquhgtltvr,., Upton terrnli}3tin[1 of tIe preview NOSting Service'or.t#Ic' 14grceYrient, (i}, Paycht x Niif provide Client,] copy of Client's.poyr©lI data stored in the .hosted ertvironntent aitd a copy bf,the then currorit, PreYlh w software-, • and (i� -Cheht• still continue Co., fsave tfcress `to PrK sreview Client's :payer II . data (or fouripen (I) days. i,lsd of ' Preview "foll6wing tcrmin;otlon• will be subject to the then - .current Pniv.law software �licensing;Igrr'emcric T ?XPaYs incJt[ •5L?1.' SvptaoYt $crVlce). t3n'or before Client-'s check dater Paychex will (t) process -Electronic :Funds :Transfer (hFT) tr ;uasactious•1pr, xtcfr a grounts as acv necessary, P.p4y the payroll taxes that are.spad i4lly identified in .the Payroll .Cover Trotter Report; (ii) hold -such amo3 nts iR ar seJ,p? prat¢ f'ayehex,acgtaunc :rigs ]such time as these afrronnts' arc due iii' ille a, prggeiate, taxing aukfloririest and prcparc;sign,.4eir# fiig.with,pra,'ptr taxng_atttilrpritics_all returns- far�ttclt taxes.an act onggjng 6 esik.I'htycltear is not responsible for; tiie•paymen't of coxes oi'she Ellirig bf,retoM.. prior• to the Taxpay Service mictive Date or for, p'xyrOl1 . tares rfiat_ piych¢x d'id, riai.4allect front- Client. 5111 Support 5"1C4�; Pa thex will: provide Client with telephone suppori W41, state uneynploytitciit insuiiance ciairrss, - beittfft.iharge questions, and pre - hearing 1VP, ar;zt`i6o. laltpw 6,;6iot sw Support Ser'vite). Dih or before (:]lends check Clare, PaycFtex tot ill (:j process L-`FT. trar1sac4.'ni for.spclt atno.i —.ii Wd eleCrssr{ty :tt�'p,ly, the payroll taxes that•ar6,speciF €c?1!k jd ntlficd en,xhe k?aprall `Covet %Cher ltcNgrr, i) hold surd wno"w in v sepprawv Paychex ,account• until such time as. these, amounts are..due to rho appropriate rai.ini atsthorftics; and (iii) pr�pahse..sigri, -mfl file Rid, jircper taxing-autFsv6ties all returns farsuch tax.av# an ongvinj basis: Paychex is not yr sponsiWC fns shy paytncttt of r atCa or the filing of returns print to [he Taxpay. Seimcc Fffect'isfer33ate or ftar p6ylvsfl texts tlhai Pal+chex 41st not.Co1le from Client. $tare Vnernpi2rymcu[ Ihks}rranca Service -(SE S).- Paychex will provide tlrr- fallowing servicrs.rala'u`i?g to unemployriient iniuNr+ce: dairn axed Vppcttl pr Oiiinp, -pre heaiirjg• pre'liar?uon, aaMytital, re iew• of vOluntary' C¢;{t661Aons, anti.ckisrge stateroom bnlantrnpr.Cliem a�recs to complete pli4lr;Power of quofhz S'arii3.Ragtti af•% diitxss fornu where neede4 fir an adtlifi6nal-1'-ee, Client CAT. requesr•and :aitcharize Paychex to -a Zpcar and rtprrscnt Client • l y te_tlephone at any. unpmployrnent- ,irhsurance ]oaring for a specified' jinployte; (:'SUI ReiSreSea4?ti[as} 5etvice"}, -p ovided the atata in- whicli ehc hl v40 tg is being .hi•fd • . will. allow such represrntatiora. `The SM Representation servii'e will he perforrned onty for any u -t npiajmtenc. instuatice hnaring,regxidhng ilre,sperrfird tsrnliloyce: By irpresenting Clkiit.at any unetilployirci its }ttsura4ed hearing• for Elie spe6rted etnplaycc, Nycihex is rent ACtifih as Giese 4'attorney nor will Payc} cx provide Client legal advice. Paycl:ek does not gtiaratitee the outcome df the: hcaring. raychex expressly reserves the right to decline the Client's request co. rcpresent Clicnt at 'the tttit:mlhlayrptnt ins6hllce hearing. Client expressly agrees that the-5.Q1 It pi'c>i tadou Service will be performed ptersgsant, and .smbs ct to, tfte terms of Glhe Agmdment. Dlrecf Deposit, P:KYChche will process EE k' tt'ansaLd ins, one or more banking days Prior to ClienCi cheek da1c, for such, amounts as arc neussary ro pay Client`s employees. Such amounts are to. be field -in an account establisbcd by Paychex until Client's Check date, when finds shall - be -d4Oo I Cl to frnplaytc ncgounrs as.spgcified. Certain accrosors may have r—i ctions an deposits and withdrAuvis. Paychex is not responsible. for determining, whether an amount is° suitable for.'dircct 'deposit of regyxaed UT transactipns. Rcaidychex': Pgclick will (7 process 1U--r tramactionst one of Inorc banking days poor Fo Client's check date, for such' arnountx as are raC:4sary to psy ClleWs tniployccs; Ifs) hotel ;uch arrtnunts in an, ncca}Snr.escahPsllecl by I'txychexrontil Client's check dare, and (M) droyr checks payable'to Ciicnts employces' pea C ml'x check date agd,proY;de those chocks, tp:;Clieier, Client•shnll distribute cKecks,on cheek; dark, or thereafter. Cd,ca*, djstribuwd :to cnsplayccx,l�rfore check date wil,I not be honored and irca%ll'be Client's responsibility, to ppy the employees. if Clicnt?s,r etjjafpyeq fails.ta present.a chccjt fo'r Ptiyrnerst WhMn six (6)` innntlls of h k.#3dte ('Seale Chuck'), Paychex Rillyddund tlte,a►?hotstu dehired for the Seale Chock back io Clienc minus ariy balances owed by Client and cliargi a 1 rx`forthe transfer of the Stale Chetic fonds batik t4 Clicht..Client "drill be softly responsible for rcmiiting roiis employee, yr forpher ernjloyeci. any amounts due and following - -arty stare unclaitntti property laws in regards to outstanding trtooloyee funds.•Im the event. that a'Aeady'hex cheek is lout, - aolen, &ttrayed.,or orherwisc noi. 41c, to be i:ashcd ('Voi&ble'ReadycllMj Client.2�reec to notify Paychex imtttediateiy and request -the check tq lx voi43ed.. Client agrees tq ftturn-ohi Voidiblo Readye6 checks foil which a refugd Ess'as been' regvc9led or issued if ii.shotiU be ultirnWY'toundf or discovered,'If the voided cheep is :cashed, ncgatiotcd, or otherwise presented fair payment; and tfte.Gnariciai ihWwrij5n -iihat the:itexdycllcx c*k. is dxxw upon rrgtiires a 105t/SX6'1 4 check affidavit, Cficnt agrees ,t}hal 41ic4r. is ,responsible for pro"i the aftdavit. Check Signing, Paychex will use Client's signautre in create a camitatergcnertisod •fadirnile Choi' wjll :display on etch of Client's Payroll checks each payday, Check' Insertion. Paychex will insert Client's signed• checks; into. Wividual. empIoX a .envelopes. that will be sealed apt t rerncd :ro Client. UAV. Service, .f +xychc*. will bse Clicnt's lugs to. crertte it eoi tputer- geiteiated Facsimile "that rvjlj . ilispi�q on eachh of Cli5get payroll checks. , Client warrants itiRt dcni is- the Owner Of any logo it authorizes Paychex ry use, fags fiull.rigftr And authority to tine it on its, payroll checks, ar=il, that $uth rise dori ndt violaie pity other partys- rights, Nlesv Him Reporting., Paychex will repori-A new /rehiraii , rmplbyve information that ismandarcd by, fiedcrA and stair. ref ulations, 1'ayeliesr Hit dnlir{e,. PVCNX will provide Paychex HR. Onlines, an fnterncxlaascd ,lsth»tata rcsoiuce inforniatioat _system; p tl Payi:l+ex c3chic s 1Upd4je Agent. g,PC'based software pr9V. m =hat enables the mnsfcr gf inignpa -tion be -teert Paychex e.5ervices •product x and I }ayci3tx''Prcvicw gnyroll aoftware. Payche.+r grants •Clime a royally frec, noncxdusivc, noamnsferA6le license MR Online ticinsel tv use, all cooputer pro&mms and related documeakarion (colkeriwly, 'Pxychcx •f•Ili - ,biilino' Softwame (ion, the %Wu6 server location of Paychex' choice'. Client agrees and acknowledges that.t116 Paychex l,1R Online Software and•irs conrents.are not intended, end should .not be Page 2 of 6 Rrv, 5 /10 construed, is providing legal or financial advice and that Paychex is not acting in a fiduciary capacity on beNdf of Client of Client's employees. :Client.fuiiher, authorizes Paychex io access Clients FIR Online.account :to perform administrative.funciions as necessary to provide tliis'service. Paychex Time, and Lahoi' Online CTIw), 'Paychex will, provide Paychex "Time and;tabor Online �servirrs,'an Inttrnetliased lime and attendance system used for collecting time and earnings-for import into payroll software _Paychex may require acre'ss to Clients computer *sients ayidf ur Olent's TLO accqunt to assist ifs tonfjgutation, previdc ongoing'supporz, and perform. administrative functions necessary to .provide the service and Client consent/ to and 4ut11067cs such access. a. '1'1,0 License and• Software. Paychex grants Client,- royally-free, nonclrclusive, nontransferable license ("TLO Licenst ") to use all cornputer•prcigraams and related docuar entation (collectively `TLO Software) from the , Web servwr hoe dpn chosen. by- 4ychex. Client may only use the 'Fi.rC•7 Saftware-in accordance with the" terms. of this Agreement. Access to the TIQ Software will end upon•tetminatiori of thjs;A&recipenz, and Chant agrees that all XW Software righq remain the sole and exclusive property -of Paychex. L TLO Uasiff &9yuipment. ?i the 'event -that Client Iva;es Tirric Clocl s' = and/or. ,other equ%prnent from. i?aychcx ( Leised' Ftjtiipmeh6" Client agrees thar {t) i'xaggd Egiulptnent'is the sole and exclutki c property.of Paychex; (i) Client.hai po,right, title, or interest, in any I�eascd Egt?spment exceps as stated in this AgreemeI4, tlii) Client cannot trkrisfcr, sell, or in`aoy "'Ay, .cni tikn6er Laced Egoiprlfert4 (i+ :Leased Eijuipntcnt is not •- fixture. ynd,'(v) Client will not allow any otltier Party to file arty Hen orucurity'inierest an Loudd Equiperierit. Upon dentate¢; by Paychex; .Client -agrees to deliver -to Para-ex any and •all• docttrnents to protect or record Paypheex' interest in Leased PquiJiment. if permitted by applicable law,•Paychcx may file any such•dixvsiienis or innriintcnrs sigipW only by'Piychcx: oieot'agrccs (i) not to damage the Leased 1uipment and, a to retain to.Paychtaa all Leased :EViprneni in trs orig'inal•elinclidon, -ogrmn j .yeas atltl -sear ttxeepted, ;Athrg ter; (19).6inem 4ys of wrri<,iinat%or_of this Agreement. If Client-414ils to. return the Leased Cquipmcttt in the titnarequired, or damages tlte.Igsed Equipment bcyond normal • wear avid tar, Client will bc: chhir td a Fee - equivaknt'zG.the current retail price: c. Fete, Clierii'agrces'co make Fee payment's fora) the TLO services; and (it) arty Leased 1✓eluipmerir, The Fee •for tho. Leased Equipment incltglasirpport;ind mainicnpncc services. d.• CvizililiaiaCd with Apfilieabte Law,. Client +Odci thatIr shall be 5tilrly•xgsponsib)e for'a<omplonce with al) applicable lawns and regulations in connection with the use af'I'LO, ('t Ib i rvices, TLC) Sofwara, and Gay' Uued'Egt,iVmodt or'c jujpritgitt purchased frarri P.aycl?sx) iaelods" %& wli(iout Ainitation, state and federal wage_ 20 hour laws and reguI mom and laws rclat;ng to cnllectiori, irora`g'e and• tt,5�4.li ometric informadon, CHOP agrees •bait the TL st:rvt4 and YLO SOfIWarc:are riot igtendc4, and should not be ,ca:tstrucd;,as proYidin kcal or Enaneil•advi6 anii that`Paychcg a not =fine in a fidui:iary nipadty 0Yi behalf of Clieai or Client's emptoyees, Paychck' Farptasc Manager. Paychex will prgvida.Clienr with a hosted employee, cepertsc rcimbunemenr system witch• allows Client to. manage.the reimbursement of cmployce expar sts. Paychex may utilize a Third party vendor io host the application..Clicn[ understands that reiirrbursements iriay be paid, at Clipr is election, via one or both of tiro' follovnitg options: (i) through Client's payroll, or (ii) wparatt from payroll, 7hrpugh-.an EFT managed by the third party vendor. C;licnni Page. 3 or 6 electing to reimburse through EFT, separate from payroll,.ackriowledge tharrhere is - awidditiond setup fcc. and a fee for each LI=T-The initial setup fee:-.and per - transaction fee for reimbursement via EFr is not collected by Paychex but directly by the third parry-vendor or its agent. Client agrees rhat it shall execute and comply with any required 'documerifatioii of the third party vendor or its agent prior to receiving reimbursement • via PFT'. Client acknowledges that there is no reconciliation of reimbursement data between Preview acid Paychex Expew Managqr. Ettrplyyee Access praline (L"AO). Paychex will provide Client with a -self - service, lnternct- based Wcb' size ( "EAU Site) that gives Clicni's emplbycei die ability tb• view and print their payralf check stubs, Farms NY/ -2 and' 1099 -MISG Paychex will provide - paycheck calculators oo the EAO• Site for •use •by Client's cmploy+gex. C!ie`na agrees and acknowledges that the FAO Site ori&its conteraa ait not intondtd, gnd should not be eorssrrvcd, as pro.yitfing legal or financial advice and that liayehcx is nor uciing in a fiduciary' capacity on belied( of Client or Client's emoloy.'em Client fui-tlter'iutliorix s-Paycb0x to uccess Client's r.A0 Sitt-to ji fforxn edrriinixtragve functions as-nceessary to provide this service. Paycliex' Ohlirie V-2 Serviec Paychex- will place Clietii s employees' Forms IV -2 Uid W99,MT'SC on a secure V/6- site for viewing and printing by Client. papecltu Payroll. Paychex will 'suppress C:lieni's i!nliloyces' direct cleposircbtck stubs and/or. Climes payroll reports -from. printing. The Paperless Payroll invite requires that Cliedt,halie :etcher Paychex 1•1-K Ohliikc ar Emp7oyee Access Ohiirie. Client acknowledes that each state .has separate laps aitd regularfons goveraiir Client's obligation to :distribute payroll check stubs to its eusployecr anti /vr to resain- iopies of payroll check stubs or the information on the payroll rlt 4 stubs Irayc6ex •alialt not be responsible for (.Miens s t:ompliattce wirli,'nor shaft. it prcot+iele legal, or other financial -advice to Client :-With respect to federal, watt, and local taws or ordinances governing the distribution or reicntio�n of payroll pheck- stubs, Client is solely Wigated tp comply Porte any an all applicable federal, state, and local laws or ordinances governing the distribution or retention of payroll check stub• Paychex' Employee ScWttning $crviccs. Client acknowkdges•that.the PAY ACEsriplayee,S0r#nii g•Scrvices -are Performed by - ,third party vendor of Payc�"_ Clicnt Agrees. toxemit payment diisecily to Paychex, Client -:4[I be eligible for such program so long as Chear. (s) iwiaiw a Ctigpc'of Paychcx, (ii) °compEes tvvitit site tcmts of thigAgrourfen, and (ii);;exetuses an4 comlilics• vith. tho tcrms of any agreentaw the third party. vendor shall require. COBRA AdminiAration. Payt:heit will perform certain federal 4 CQB {A geed state cbntiouadoq adminisintl6r rtAnt:tions for mu}ical, detura[4vision, Or prescription drug coverage plans (Fligihlc Pla6l its: C_`Iient'sbehalf CLOORA Aditainistnatinn ). Client,wi)I identify L%g$h C, Plans Cif its employees to Paychex, a rid, clientwill,noufyPaychex when an omplpyce is (i) no longgr on -its payroll-, (ii) termin tied from coverage under the tligiblc Plan, or (ii7 iegeiving "a reduced feyel of,heglth care Cavetxgc :uredcr efts- E]igiblcPlan (etillcixivgly "Roquired 140dficatio=7 Pay -bex will assist Cherie is determining if a matter. is a qualifying event once Client provides Paychex with the Required 1+IaiiCications and.wiII begin .CORRA'Adniiniseratioxi on Client's beb:df, if required, ff the qualified bc,teficiary subsequently elects C0139A coverage, Client will be solely responsible for submitting, the premiums for the. qualified beneEciat yAiraetly sir the Eligible Plan insumo a carrier, The zluafified beneficiary^ will be'requircd to pay the monthly premium directly to Payt:hcx -and Paychex will reimburse Client the premium collected from the qualified bcnrficiary less an odneiniurativc Fee. Paychex receives - Rcv_ 5 /lq bank credits and /or earnings ( "Eartiings ") from the premiums 'received. Tl*ainount of Larnings received by Paychex will fluctuate based on the av ge monthly bilalteo of the pmrgkn6; ntahiplicd by the thirty (3o)•. day Lritish 1.6h4p InwrWrrlt C}ffered Rate sitiruus forty (40) basin points. Client a4nowwges that. Paycltex may retain such Efnrnings as additional rompensat'son for C013RA . Adminisiration under. this Agreement, In the absence 'of.Farnings, Client'3clsnrawledgrs that e4te other 1?ces paid to Paychex- u;adcr dais Agreement would be greater. Premium Wy Ain ,(POP). Paychex will act as Plan Servicp.lrravider for Client's PUM10nt Orrly{i'lati, PA4c>e will prQrride Client - with efts - fallowing rlal , installation docusnentAt{on.. (I) Maxi* N,An Documcnq n Adoption J1g'rcarp6c; and (ii) Summary, Plan Vcscription. Client• xtkitowl d�qs that Cticnt is•responsible for (7'reviewing•ond 40i tale .Adjoprien .Agrceanet;t scale}; forth .Ilse terdns and conditions-nf the plan; and () distributing the Summary Plan i?rscrip ;ion to plan participants. 1'aychex ieill gerforni the csIMiltiohs for the Key' Tsnplayec C:oirctittratt`ott Test. Client-;$ solely resvonFib€e (or.A otho testing. If Client has• a l4calth. 5avangs Account • {IAA). the •prvtzx salary tcduttionts fear UiEnt's. 13SA will nrrt bc' incorprarargd into the complsanCe'tcsting ' lesults C:1i6nr will he solely ncspopsible far any AgrogAw wsting. Cltcnt acknowled &es that if the Pldh •Faits the testing Rs out€ n..:A abave, 'the C&i t is icsponsi.ble fgr•eorrdcUng thin failure and bringing rhe;PU6 iric6 •compliance with thc:applirable regldttmen ;s As �rse fined in ction iV�ofshc lrtrernal ftevenste Code. Garnishinwit 'Payment;. Service, paydk;c will process PF1' transacdons, one• bapking.d;zy prior to Client's check datc,•for C1icnC s employees *.garnished wages -a u;re necessary to retnir.to-ihe appropriate. e Uzi rics.S :lienf will4)'rovjd e" Payehex with a garfyiph " 'rut oi- dar'far cash employee for r*giri wigcs' are• to be tt rhtthed.. N Thox will hold garrrished.swage~ :in, ,separate accountestai�slplied byp4yocx pistil such Time -= the amounts are dire. Client remain solely respUtisible foe' the correct ealculatlon of rlit atndiin ro y tmisIi froth it5,ctatployees' tyage ; A"Okloria[ Twins apd•Con,'diuons.. 3. Client Cohtsc", Client will designate, payroll contacts that will provide Payr)lex with •informatio'n and directives necessary for- paychex to .Perform the 'Serwice's• (�ollectively °Clierit inforntar1001). Client is *sponslbls fok tile• acqura,cy of Client infarmatiart'prv{ ids¢ by,payrdll t;gs?tartslttrd0or Client. 4., Olean rhforrnAiion. Cl"t will execute : indlpr provide all dogttmeniatio that Pxyehex requires to perform its• responsibilities under,the Agreement irtciudirr�, :where necessary,- taking•all corpor.tte action. diddi scknowledg�s ilhat Paychcxx rniiy 6e'r &quired io vbtiin documents- ;nrcissar)i to verify 4hc' ldcmiity, g Chant purspaoi to applicitblr. feted dal sled /a 'state states -or xegpNdiir s, Clienr ZviU Provide Puy llex. with •all. necesfirry Client Information pertaining to Cliant.'s,arnpioptes A least tiv (2) kanking•days prior -to payroil;c A d1te.Jiemt;xclspowledges that t;.`.jicnt is responsible for any ilclayed remittance af.sw.tges,'taxcs, gatnlstttttenes,.arid atldtit'onal �lydiccising Fees jet•utrcd•as a- resuli: of fns• failitre to provide Clicrit stifogmatioir timely, p4y4ttkx.41a11,nat be:r <quired to :olitain 2utftoA2*tiolt from Cli"t -to act on Ci ens Infonanation. S. Reliance on Client information. payeheat will not be responsible for criers that result from Pxyehcx' reliance on Client Inforrllstian. b, ReViCVV Acpa#s, C[ienx -ill review all reports and•dotttments-providedl or made 2vaila6k -by Nychex and inform Paychex of arty umccuracics a irhin threc (3).businrss days of receipt or Mailability- ' ' r. Software h.iotnses. Client has received, or may receive, certain comptner sofiware r+eisring to Services selected by Clihm. Including, but Clot limited r% the payehex Bile Online SOfnvgrc and Paychex Time. And [Abor Online Softy- re (collectively "Softw+arg ). Client agrees that in the event thach does not ncccpr all of the terms ;end conditions of any anted alt Payclttx Software, and /or t4ird•party Softtware, and any and all applicablc'ligensa agreerrisnts ptovided'to Clienr now or in the future, thai- Paychcx will not br_ obligated to perform Services dcpcndent upon the Software. 8. Remit Reimbursement Amount. Client egrets to remit funds w .lsay6ex szpresgpting the amount due to pay Clirnt's•etrtployees, remit imxs, or pity ,garnishments lraeimbur emuzn Amounts"} thnuitfh oat E['T'. or such select payment mr*d as,rctluired lay Payclscr. 9. payment of Pees. Ciient'wrll pay +all fees, iitc(ti4ing but not limited to feed for all Fzyehcx Services each pay pnrirtl• and the setup fee's' (collectively 'Fees } A rough- an )~FT or sud% other met hod. as• required. by Paychex when xitx. minimum monthly 'Pees are due in the event Clicnt fails to process a payroll or whose payroll fails•'ro meet the mulinitim tianrhly cargo during the riioitdh. Few include nii9ratdm .,ltoptllly, ipsisfiicicnr funds; and •prgraiurrt'protGSSing f=. frxyeltets' Fees are subject to change upon thirty (30) days written norification to Cliche. PUa Clt*.._snbyy ill Its sole discrcupn, required a security deposit from C60r, spa Clitnt.wA ves any right to interest that may. accrue on xny •amounts,. fricluding' but not limited to; Reimbursement amowits; Piet;, and secui§ry dcpalsits•reet�iverl by lyayeljeit -•. sff; > leitronie Fusjds Transfer. If Nychex requires pxymenr offees or kteimlpursemcnt; A1nQunes (collectively "Amounts Due,.) through an FF7, C 1iSnE' [�. xvil €' execute iji.docltrrientatiiarr needed by f+nythear to orlg mvet EFT (r�nsacdons.aad to n4y •nvaiixbllity of funds in Clicmt's batnk accoonq (itl agrees that the fonds representing 'the Amounts Due will bo.ori.dcpashIn Client's h3 A accetrni.in collectible foOn and in iofficietit a nb4nt on tine day Nychen' i7 is t , be presented ( "Funding Deadline`); and, (iij''autborizcs 1'aytltex tit' collect all Amounts 13ue front C1[ent's. *bank account on, the Funding Dcadliny, All LT"I's are pcijorsi' k jn cdrrtplian�q with the W6641 Autotnatecl Cle tiutg HoNsc Aslocixcior; optr'tipg ruler ;(NAC€°lAI. Client agrees tij cc folltlw tjACRA' as.iluy.sm amended from time to time and assumes the rasOn,sibilities :elan iiiiriitor of,-EFTs; (i):that ii swill not iiti6air any Erribat violws any' law; And (fit) that Paychex may identify Client to hanks involved :in the EFT: Client further ogress That it will notify iAyettGx; purstiidv to, applicable NACHA and federal regulations; if fuitciing f0r :Ct16r'splyr6ll is reciived from a'forGigtt financial agency ,and of any employees with non -QS addresses. 1. payment, by Vire'Tmrtsfer or. Other Method. If'Paychex requires paym.nt of Atttougis Due by a wire tramster or other method, Client agrees to provide P,aychex wish all information necessary to confirm receipt of the payment prior to the Fu riding Bead €ine. l lnsti adept - ot'. Nericottfxsytttd Furlds. If sufficient funds are not ayailallie anrthe )landing Deadline, Paychex may take-such anion to colleit. Amounis iaoe, including, bui riot limited, to, reissuanec ,of the E�T and assessing lrisufficieait funds'Fees. Client atknowiedges• that C0;4t ds responsible for -soy delay in remittance of wages, gartrislitrtcnts; .dr toy ,es, •i# 1'ayehGx is uaabin to catifirrn.reccipt 'af foods prior tp• *.FuVd(ag Dga4line. 13. Client; Velauit. In. the event of•a C6nrdefauh, paychcx may, at its sole aptlenr :tGrmtna42 ilte. 4grP,en]Qnt, Geis a•portion thereof, W1,01SUt n9#ec and :declare Al, As•st6unts Poe immediately due, asld payable. Client agrees to promptly reimbum Paychex for all advances or overpayments anode` by paycltex and to pay interest on tltc advances at the dyne of one a4 one Vt percent (1 �$%) per month, or the-meximum aflowrsblc lyy applacablc lase, until paid. Client agrees that Paychex may. initiare.an EFZT to Chines bank account fop any past due Amounts INe. Clienr will be responsible for the costa of collection of Amounts Duci including, ltut xtot limited to, nuorney; Pecs (including in-house coansel), :end court and arbitration casts. Pugs 4 of 6 Rv,. 5 /10 14. Rcfund /Adjustment /Overpayment, Clicnt agree4 tharPaydtex may 'Apply any balances it is holding for Client to Amounts Due owed to Paychcx or its affiliates. fn the event Paychex remits an ov6paynunt of 'payroll taxes, Payehi:x. inay, ac its sole discretion, advance funds to -Client. in the evenr Paychex advancq oyerpayment funds to Clienr. Clicnt agreecilsat it -will reimburse Paychex for the overpayment within the stoner of five (�) days of(i)`receiv'trig the oterpaymgalt amount from. •thc taxingvuthorityi or (ii) being notified that the overpayment amount would be:npplita.ro an outstanding-tax liability of Clicnr, or (ii) the :Agrecmenir beitlg terminated by either party. 1S.'T'dr cation. r%cept'as otherwise provided, either party may terminate_ the Agreement upon thirty (30) days prior written notice. Poyi hex may imrrrediately,rcrmirsAlte tjre'/lgretrnerit, or; ltertion did -cof, ii~ ('Client Iiecomcs aubj;ci to r&6verxh1p, bankruptcy, or is ipstslvgnt; (it) Pixy sex,. in its sole discretion, determines that a material advetsa change ho, occuired in.'& financial condition of Clitntg (iii) `Glielit Mils io have sufficlrnt funilson tht Funding,Ueadlive• dr iiviiayihwr.dezermina. in iuide discredop,.thsit'any federal, state,.or"locnl legidption, regulatory action, or judicial decision adversely, affects' its sYlttFesrs; wailer: the ,4gmcmepi. Tefijgrxar;on.0 'the Agreement will not t'glc —1 Vent Of .yny oblijgadons,sct -forth berojR, includingi but not :*UThItcd to, its paymcn; ob1?gadons. f¢;.)iAilit of Liability.- Paycllek.':sole liability Asid CGcnt'ssolc,remedy.fpi Paychex' breach of itic Agretment,.will l; , (,}:for Paychex to remit to the appropriate pt' c the funds received from Cht ott and /or (ii) for Paytlltk to r4mburse Client ot• its employers 'for On'y interest -or prhaltits asstsibd by taxing'uuthoritiies as a direct result of raychcx' breach of the Agreement. Paychex can only ba held liabld•fgt breach of tlte•Agrtejbenr acid 'will noi'. bo held liaiiic fqt; (t) any. rcgligent .ec; or .omission by Paychex, (ii) flit negligence of any other past, or entity, fncluiiulg, but not lisnited ro, Clicnt and its employees or agents, or any person or entity -;char piovides servs`ces tit eonnectiorz v4th ar as a r6olrt of'Paychex'' p0foiman-ce of. 41 obligations iia4 r the. Agtecinenr, (iii) lacy loss, claim,, of •cxprnsc ar isin& [rout arty information pTov;dcd or modified by Client, including, but ndt litr+ited ro.-Plny Client - forms, handbooks, manuals; and: job'dcscriptions;.or, (ty)•Clicnt,,%,6i•eac4 of NACIii#. Paya -cx -will, under no circumsrances, l)o Kahle fair' any special, lnditecl,'incidcttial,.os. ctinscguetitial ,or punitive damages,. fbclttdfng' Post profits' 19ctirrecl bj :Clicnt pursuant W r.);is Agrct7rrcnt ok by the .tras2sacrons..can #emlalgCcd icy it, However caviseti;; on any theory of liability (inclssding..tont "tact, toiC, or svartanty), or as i res}tft of Paychex' exercise.of fts rigkt under the Agreement, even if Paychex leas beeritelvised of the possiNfity of 'such damages. 17: Indemnification; Client will inrdemoify, ticfcmd, -and lyold Paychex an4 its trspeetive officers: directors. and ttnpksyees, harralas from any and all claims, costs,• attorneys' fees (including in-house counsel fees), and expenses rtsulti tg from or aiising in. eoridcd6bn. with: (i) a .Clicnt dcfA614 (ii) ilic use, misuse, .reprQductiort, lnod'tfiearion; or unauihQrixed disin'bytion .of.:sdrf)ware; OR) Client's byc;tch-pf NMdlA'; or (iv) Cfenc's.6reach of any warranty set fryrth its the Agreement. 18. Copyright. Paychex owns all ;right; title, and interest, including; but not liralied co,.copyright, patent; trade secret, and-all gther itltellectual liroperty rights; in die Softvc•gre -and any changes, rpcjdi6c tidns, or coiiections to the. Softwap. If Client is ever. held or• deemed to -be the owner of any copyright rights in the Software or any . changes, modifications, or cor-tecrions to the Software, Client hereby irrevocably assigns to Paychex all such rights, title, -and in_teresr. Client agrees to execute -all documenu necessary to implement and. confirm the icttcr and intent of ihis section. Client v✓arrtnts so Paychex thai'it (i) has title or is authorized•to use any symbol, logo, or mark uploaded by Client or Client's agents or printed on Clients handbooks and dtecks (collectively "Client lrfaterial "); and (ii) has fall right and authority to Use Clle {lt hlitaid, and such use does not viohati 1ny ' ther jlarty's rights. 19, Confidentiality of Software; Client acknow)edges that •ncc Softwuc contains valua6lr trade secrets amd Confidential information bwned by Paychex or ,third partt`cs (dollcctrvaly "Confidential lnfor:Yiatipnj. Client'agrees tfint.Client, its employees, and its agents wip not;-directly or indirectly: M. sell, lease, assign, sublicense, or otherwise transfer; (1) duplicate, reproduce, or ropy; (iii) disclose, dlvulgo, or otherwise make available to any third party; (tv) use, except as authorized by this Agreement; or (v) decompile, disassemble, or otherwise analyze for reverse cngineeringpitrposer the Software or Corlfidcntiai Infdrmarion. Clieai will rake;appropriatc.acgon with Gient's g4ployets and agents to-sacisfy its 061iguions under this -Agreement with; tespecr.to. the use, protection, and security of Confidential Information. Client will notify Paychex !Thmediately of any tinautkorfzcd 'use 'or disclosure of Confideptial ln(ormt tion and will cooperate in -remedying' such unauthorized ute or disclosure. 20, Clicnt Confidcatlal Information. "CCtinr Cbrrfidential information~ Will mean the marrie, social security ngn+er, dam o1` birth, address, bank, and/or ,wage infortnatioh of Client hind 'Client's employees provided tb Paychex, ky Client. Paychex will use reasonable cafe to prevent the disraosure of. Such Clicnt Confidential Information to any unauthorized person or entity.• Paychex ,nay disclose Clicnt Ctnfddential lnformuion r6 its employees; affihates.'aubstdlartes, agents, and contratxors•to: (i) perform or offer 5crvicest (it offee-additional products .or ieevieest' (iii) perform analysis to dcteftine Client's q;%afiRotioh .io red tiv4 futajre. services, and (iv) Collect Ar»ou- 1131)ue and may disclose Client's payment expetierttxs-wkh.Pgichex to creyR .rcponipg agencies and supply vendor rtifercncvs- of ' Clients behalf. Eaynccx may also diielost?Client Confdentlal Infdrmiuon'(1i) to its atiorncyi, accountants, and uuditorsi anti (t) pursuant to federal, state, or locgl lair, regulation, court order, legal process, or governmenrA ;nvesricAtion.'( l!e'nbligatipns.set forth ih this section will not apply to any. Cliertt,C ❑nfidential Inf❑,rrttation that: @ Clicnt has Agreed is freeof any nond*lipsure obligations, (o at the time of discionire was fire of any nondisclosure obligations (iii) is indepthdertily developed by' Paychex oz.tkat Paychcx lawfully ret 8ved, frsc of any hdrdisclowfc abligitions, frq'n R. third party hiving rltts riglit to furnish 'such Client Confidential lnlo"matlon; or (k) is or becomes availubl to the public without any breach of this Agreement or unautborized disclosure, 21. Governing Late and Arbitration. The Agreement And all aspects of the mlaii❑nship between Paychcx and Client.shili be toveraed cxcludvely by -the laws of iflc State of New work *Uhvt)r regard to, or application of, its conflict of laws,.rules, art¢ principles, except for the arbittarron nreemcnt contained herein which shall he govermed exclusively by tha- Fedcrsl eArbitra ;i ❑n Act, 9 US.C. sredon I qt scq..(�he'FAA')t Except as provided heron, xy dispute,nrising out of, or in connection with the A rt greem tt¢'will be. detcrlained orily by binding ttrbitsiatiod hr ittiCitcstrr,.Nety York, iti accordance with the cornmtrdal rules 'of the Atrisictrt.,Arbitrntion Association, Arbitrable disputes include,. without lindcatipn,• disputes about the formation, interpretation, applicability, ar enforceability of this Agreement. A•stparatc.iteutral arbitotor must be sclecred and appoEiticd %r Faeh dispute. Any dispute gassing under the Agreement will he brought within two (2) years of when the claim - accrued. Tke arbimnor will not he authorized to mvani exemplary or punitive damages; or;any damagcs'excluded in die limit of Liability provision. The parties will not be permitted to bring, or participate in, and the arbitrator will not have-.any authority or jurisdiction to hear or decide, any claims br6ughi as any type of ptirportcd class action, coordinated action, aggregated action, or similar action or proceeding. l=ath party must only bring claims against each [laze 5 of 6 Rev. V14 .otblzr in their individual capacity, The parties agree that titc prcvailislg party 'tn: -Arbioution, and any subsequent jild.idil protceding to enforce - -an axbitration Award, Will be awarded costs ;,nd attorneys' fees (including it ..hover counsel fees) and drat an arbkratiar, ;tWnrd, atiay be Mccrpd as a judgment in airy court having jurisdicripn over either party 'tp the Agreement. Paychex stray, ip its sole,discrction, comancntc an action in Any court of competent juriszlY Ot n within the County of Monroe, State of Nevi York, for any ninnies due and owing'from Cffent to Paychex. Client waiirr3•any �trisdicrjonid defenses and submits wthe exclusive i9di ictiryn nithe i�%r York& tics, 22..As4gnabili y. Neithq - party may assigp the Agreernent to any .third panies, other rhan successors, without the prior written consent of the other party. Any assigninent• 'Fnade without such -corisent-will be null :and void. ;i% Fsx 5igttature. 7 c parties agree that Client's aignattlrc on this AgmcmciA in# be traitss'slitted so'Ftsych" by fdgitnile; end the, pat ;es furtlser,agree.tll�t,tuelt fax copyciis) will have, the Sr xr;e force and effect as if the original aipwurc had- been proiridcd and received. 24. Mlsceliaaeow. 'ilia Agreement, along with anj exbi bits, addeMLims, stlaeclules,.and 2niendssi&nt4 tonrains tlae .erstire itndesstaitdirtg of the pattiet:.and aupwicsics all.provibau -ut+detstantiirtgs qnd agreetncnts between the panics.fdi the Services provided, ivhGtlier 6rs4or written. Npithtr PA 47 will be xespartsible for any dtlay,6r Nil= tR perform o6ligatiascs speriiied in the rarecsntnt,d4e to caux6s Cyopd the.patty;c 'reasonablt control: ' Client ac6owkilga .thA -there.'hwc• been no` rcpkt~ ehtaiioris trr vnrprttics made by Pay6ek' 0 C14mr iba arc not -set forrhAn she.'Agrccroent . L'.aychex tnay.modify any term of tltc Agrsemenr upon ilsfrty ()t3). Clays wricren .notices, to Client Of such 'cltangc aslcl thr }cffective,daee theitol Client will bid A,!e;tted ta..laave •accepicd and agrved to lock changes amass Client. 4icxs ts;terminaw the d lgroment by written notice to Psychex prior to the erffe dvc dare of the. change and punlrane to -the 'Terri+iiiaiian pr&vi iosis. -ff any provision of the Agteehtesit ot` Wray pvrOdn thereof 'ss;hrld ig bc,inv4id, ll #cgai, Or unealibwgblc,•the validity, legality, or cnforewbilky of rho -remainder of the Agreemenz will -nior in any way ba• affeicted or itnpsired. SCCtion, 3.24 will survive the tatMjnatign PT the Agreement. Page 6 of 6 Rev. 5/10 Addendum MMS Branch /Client Number / Company Name: City of South Miami City State Federal ID Number Zip The Parties hereby agree to amend and change the Paychex Major Market Services Agreement between Client and Paychex dated / / ( "Agreement "), as follows: 1. Section 13 of the Agreement is hereby amended to read in its entirety as follows: "13. Glient's Default. -In the event of a Client default, Paychex may; at, its sole option;'terminate the Agreement, or a portion thereof, without notice and declare all Amounts Due- immediately due and payable. Client agrees to promptly reimburse- Paychex for all advances, or overpayments made by Paychex. Client agrees that Paychex�may initiate an EFT to Client's bank account for any past due Amounts Due. Client will be responsible forthe costs :of collection of Amounts Due, including, but not limited to, attorneys' fees (including in -house counsel), and,court-and arbitratiort-costs:" 2. Section 15 of the Agreement is hereby amended to read in its entirety as follows: "15. Termination. Except as otherwise provided, either party may terminate the Agreement upon thirty. (30) days prior written notice. Paychex -may °immediately terminate the Ageeemen' f; or' d `,portion thereof, if: (i) Client becomes subject to receivership, bankruptcy, orris insolvent; =(li)- Paychex, ih'its sole discretion, determines that a material adverse change has occurred in the financial condition of Client; (iii) Client fails to have sufficient funds on the Funding Deadline; or (iv) Paychex determines, in its sole discretion, that any federal, state, or local legislation, regulatory action,, or - judiciaidecisibn adversely affects its interests under the Agreement. Termination of the Agreement will not relieve Client of any obligations set forth herein, including, but not limited to, its payment obligations, and will not relieve Paychex of .any.'obligations set forth herein Which.:aecrued prior to-the date of termination." In °any event, this contract shall not exceed a term of five (5) years. 3. Section 16 of the Agreement is hereby amended to read in its entirety as follows: "16. Limit of Liability. Paychex' sole liability and Client's sole remedy for Paychex' breach of the Agreement will be: (i) for Paychex to remit to the appropriate payee the funds received from Client; and /or (ii) for Paychex to reimburse Client or its employees for. -any interest or penalties bssessed'by taxing authorities as a direct result of Paychex' breach of the Agreement. Paychex can only be held liable for breach of the Agreement and will not be held liable for (i) any negligent act or omission by Paychex, provided however, that this exclusion shall not apply to a negligent breach of the Agreement; (ii) the negligence of any other person or entity, including, but not limited to, Client and its employees or agents, or any person or entity that provides services in connection with or as a result of Paychex' performance of its obligations under the Agreement; (iii) any loss, claim, or expense arising from any information provided or modified by Client, including, but not limited to, any Client forms, handbooks, manuals, and job descriptions; or (iv) Client's breach of NACHA. Paychex will, under no circumstances, be liable for any special, indirect, incidental, or consequential or punitive damages, including lost profits incurred by Client pursuant to this Agreement or by the transactions contemplated by it, however caused, on any theory of liability (including contract, tort, or warranty), or as a result of Paychex' exercise of its rights under the Agreement, even if Paychex has been advised of the possibility of such damages." 4. Section 21 of the Agreement is hereby amended to read in its entirety as follows: Ngc 6 of 6 Rev. 5/10 "21. Governing Law and Arbitration. The Agreement and all aspects of the relationship bet!;veen Paychex and Client shall be governed exclusively by the laws of the State of New York without regard to, or application of, its conflict of laws, rules, and principles, except for the arbitration agreement contained herein which shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. section 1 et seq. (the "FAA "). Except as provided herein, any dispute arising out of, or in connection with the Agreement will be determined only by binding arbitration in (i) Miami -Dade County, Florida, if commenced by Paychex, or (ii) Rochester, New York, if commenced by Client, in either case in accordance with the commercial rules of the American Arbitration Association. Arbitrable disputes include, without limitation, disputes about the formation, interpretation; applicability, or enforceability of this Agreement. A separate neutral arbitrator must be selected and appointed for each dispute. Any dispute arising under the Agreement will be brought within two .(2) Years of when the claim accrued. The arbitrator will not be. authorized to award exemplary or punitive damages, or any damages excluded in the Limit of Liability provision. The parties will not be permitted to bring, or participate in, and the arbitrator will: not have any authority or jurisdiction to hear or decide, any claims brought as any type of purported class action, coordinated action, aggregated action, or similar action or proceeding. Each; party, must,only bring claims against each other in their individual capacity:: The parties agree that the - prevailing;,party. -,in arbitration; and any subsequent judicial ;proceeding to enforce an arbitration award, wille.be - awarded costs and attorneys' :fees . (including in -house counsel fees) and that an arbitration award may, be entered as!a judgment in any •.court, having jurisdiction over either party to the Agreement..-,Paychex may, in its sole discretion, commence an action in any :court of competent jurisdiction within : Miami -Dade County, Florida, for any monies due and owing -from Client to Paychex. The parties waive any jurisdictional defenses and submits to the exclusive jurisdiction of the courts described above. THIs,ADDENDUM,IS NOT INTENDED TO MODIFY OR REPLACE•.ANY OTHER PROVISION OF THE MMS AGREEMENT, EXCEPT FOR CHANGES TO THE SECTIONS SET FORTH ABOVE, Ciient.Authorized Officer's Name M J i'' Title ate, PLEASE PRkN Client Authorized Officer's Signature / Date ZJZ-�I IF Paychex Authorized Officer's Name AL Title `► z�_ `r M EASE Pft1NT ""— Paychex Authorized Officer's Signature Date i r z Page 6 of6 Rev. 5/10 idefity Saving time & money is just the beginning... January 20, 2012 City of South Miami Hector Mirabile,Ph.D /City Manager Alfredo Riverol,CPA,Cr .FA/ Chief Financial Officer 6130 Sunset Drive South Miami, Florida 33143 Dear Sirs Thank you for considering Fidelity Quickpay as your outsourced payroll processing organization. We provide our clients with the best customer service available at.the lowest cost. We have over 15 years experience in the industry and look forward to working with you and your business in all your administrative service needs. Please do not hesitate to contact me if you have any additional questions. Si ro President / C.E.O 4945 S.W. 70 Court Miami, FL 33155 T (305) 661 -3462 Ext 2002 F (305) 661 -9709 amarrero@fidelijyquickpgy.co 4945 S.W. 74th Court • Miami, FL 33155 305 -661 -3462 Phone - 305 - 661 -9709 Fax • 800 -450 -0072 Toll, Free deli January 20, 2012 QRMCIATTUI Saving time & money is just the beginning... Payroll Processing & Administrative Services City of South Miami Services and rates below are based on 150'+ transactions on a bi- weekly pay cycle Detail of Cost: FREE Client Setup FREE Year to Date Conversion FREE Web Login Setup Cost per Transaction: $1.50 (Check and/or Direct Deposit) or $45.00 minimum administrative fee per pay period, whichever is greater Shipping & Handling per delivery: $9.00(Miami -Dade County only) Services Included: • Payroll check preparation • Payroll register, Direct Deposit Recap, and Labor Distribution Reports • On-Line access to payroll management reports including W2's and paystubs • Direct Deposit processing • -Departmental Reporting • Quarterly Payroll Tax Filing & UCT -6 (penalty -free guarantee) • 941 tax deposits (penalty -free guarantee) • Maintaining compliance with tax codes • Web Reporting (Phone and Fax input available) • Garnishment service (Setup and direct payment) • Year end W -2's and 1099's (If Applicable) • New Hire reporting • Section 125 plan setup • Retirement plan (401K) setup • Human Resources Hot Line • Assistance with Workers Compensation Year End Audit • Workers Compensation as you go report Customized insurance packages for Workers' Compensation and employee benefits are available upon request. Additional services are available upon request. (See attached brochures below) 4945 S.W. 74th Court • Miami, FL 33155 305- 661 -3462 Phone • 305- 661 -9709 Fax • 800 -450 -0072 Toll Free Sole' Restaurant Contact: Maurizio Farinelli (305) 740 -0256 Sedanos Supermarket Contact: Javier Herran (305) 798 -6695 Wendy's Contact: Raul Dominguez (305) 458 -6343 U.S. Century Bank Contact: Maria Lara (305) 715 -5200 Piedra & Associates, P.A. (305) 448 -7064 Contact: Jorge L. Piedra P.A. Medica Health Plans of Florida Contact: Martin Perez (305) 460 -0614 idefi� ,y Q ui3O�, Pz, a - �vr Saving time & money is just the beginning... References January 20, 2012 Deli Lane Management Contact: Judith Fernandez (305) 663 -4424 Shorty's Restaurant Contact: Maria Servat (305) 595 -1622 South Florida Federal Credit Union Contact: Allan Melnick (305) 545 -0744 Subways (305) 799 -9338 Contact: Maria Atassi De Leons Bromeliads Inc Contact: Brenda Chamblee (305)238 -4180 Fidelity Quickpay is insured, bonded through an (A) rated carrier and we are SAS 70 certifiedi 4945 S.W. 74th Court • Miami, FL 33155 305 - 661 -3462 Phone • 305 - 661 -9709 Fax • 800 -450 -0072 Toll Free Fladefi� January 20, 2012 0 'Y Saving time & money is just the beginning... Testimonials "The purpose of this letter is to let you know what a wonderful experience we have enjoyed in transitioning to your payroll service. The transition has been quite easy and seamless for all concerned, employer as well as employees. Signing on the first time to do our payroll online was a simple, yet secure, process. Having attempted this with our old payroll processing provider, I can attest to the fact that it is very complicated with other providers. I must let you know that what impressed me the most about your company was that you not only provided excellent payroll services, but also excellent 1099 service. I will never forget your insistence that we call in our 1099s on a semi - monthly basis, so that our records with Fidelity are always up to date, reflect reality and are always accurate." Ana Vidal Rodriguez - Vice-President WWFE La Poderosa 670.AiM and WRHC Cadena Azul 1550AM "I've been using Fidelity Quickpay's services since 2004. In 2009 1 changed to ADP's services. What a MISTAKE! Six months into the new contract, I cancelled it and went back to Fidelity Quickpay! A local company with personalized attention and competitive pricing makes Fidelity Quickpay's services a winner when processing payroll for small businesses." Owner Five Subway Franchises "First let me just say how delighted we are to be doing business with Fidelity Quickpay. We have been in business for 15 years and operate 12 Wendy's Old Fashioned Hamburger restaurants and have over 300 employees. At the beginning of 2011 we moved to Fidelity Quickpay and had a seamless transition from our previous payroll company who unlike Fidelity treated us like a number. With Fidelity we get personalized service, a great price and fast turnaround of our payroll. Their online system is very user friendly easy to use, and it takes the management team only minutes to enter our payroll. The move to Fidelity is without a doubt one of the best decisions that we have made in the past year." Raul Dominguez - President & CEO "Fidelity Quickpay has made our lives easier here at Sedano's Supermarket and we are extremely pleased to consider them our partners. The professionalism and the friendly atmosphere that we feel while working with Fidelity, makes us feel right at home. Every employee that we have dealt with is both knowledgeable and responsive." Javier Herran - IT Manager "We have been with Fidelity Quickpay since January 1,2008 and we are very pleased with their services." Artie Iglesias - VP of Finance Shorty's Bar -B -Q 4945 S.W. 74th Court • Miami, FL 33155 305 - 661 -3462 Phone - 305 - 661 -9709 Fax • 800 -450 -0072 Toll Free January 20, 2012 Qui W�+ .'r. Fw.m M Saving time & money ie just the beginning... Client Service Acknowledgement ➢ We provide a tax penalty fxee guarantee for all payroll taxes processed through Fidelity Quickpay. We will be responsible for any penalty resulting from the error or omissions of our company. Fidelity Quickpay is insured and bonded through rated carriers. ➢ In the event the invoice payment is returned there will be a $35 fee for the first NSF Return and $10 fee for the additional electronic debit (ACH). If a second NSF Return occurs there will be a $70 fee along with the $10 fee for the additional electronic debit (ACH). For payment returns greater than $5,000 there will be a $250.00 or 5% fee whichever is greater. ➢ Unless otherwise quoted, we require payrolls to be submitted 48 hours prior to the check date to allow sufficient time to insure accurate processing and delivery. If the payroll is submitted and/or approved for processing later than 48 hours prior to the check date additional cost may apply. Payrolls submitted for same day processing are subject to additional cost due to the time constraint. ➢ Unless otherwise quoted, delivery will be guaranteed by 3pm on the delivery date specified. If delivery is requested'prior to 3pm deadline or same day as submittal additional cost may apply. ➢ Year -end tax filing services are included at no additional cost as long as the service agreement is maintained throughout the entire tax year. If client discontinues the payroll service at anytime during the tax year additional cost may apply for year -end tax filing services. ➢ If client cancels prior to the first payroll, penalty may apply. Client Representative Title Client Name Date 4945 S.W. 74th Court • Miami, FL 33155 305 -661 -3462 Phone • 305 - 661 -9709 Fax • 800 - 450 -0072 Toll Free PROPOSAL ABOUT PAYCHEX Paychex, Inc. (NASDQ;PAYX) is a leading provider of payroll and labor management services. Since 1971, Paychex has demonstrated unprecedented year -over -year company growth and now services over 500,000 satisfied clients. MAJOR MARKET SERVICES The Major Market Services division, created In 1998, focuses on delivering comprehensive labor management solutions to medium - sized organizations, -The average size of the company's largest 30,000 clients is 140 employees. Prepared for: City of South Miami By: Omar J. Rodriguez Paychex One- Source Solutions One Partner, One Solution, Proposa V SELECTED SERVICES 9( PAYROLL ADMINISTRATION The Prevlew® payroll module provides exceptional. data management and reporting capabilities. You can Instantly generate complete tax calculations and view complex labor distribution totals with access to multiple years of history, data controls, and easy, custom reporting tools. • Rapid data entry • Instant gross -to -net tax calculations • Data ownership and Instant access • Complex labor distribution • Flexible general ledger • Powerful custom reporting D EXPENSE MANAGER State -of- the -art tools provide powerful visibility, oversight, and control over discretionary employee spending while reducing employee time and frustraation managing expense reports. Ease of use results in exceptionally high levels of user adoption and adherence to centrally managed spending policies. Features • Integration with personal and corporate credit cards • Direct- deposit reimbursements • Centralized policy management • General ledger integration • Foreign - currency calculations • Robust reporting and analytical tools D TIME AND LABOR ONLINE This module provides a fast and efficient method of scheduling, tracking, reporting, and controlling labor costs. Custom screen displays and functionality make it easy for supervisors and employees to coordinate work efforts and manage labor costs. Input options include online punch and barcode and biometric clocks. Features • Custom displays and workflows • Time -off management calendar • Employee messaging • Multiple custom pay policies • Automated report generation and delivery • Real -time status reporting Paychex One - Source Solutions . One Partner, One Solution. Proposa V SELECTED SERVICES Id TAXPAY SERVICE Paychex makes accurate tax calculations and timely deposits and filings based directly on client-submitted payroll totals. SUI SUPPORT Paychex supplies expert assistance In managing state unemployment insurance costs. M MEW -HIRE REPORTING Paychex automatically reports all new hires added to payroll, reducing time spent and exposure to penalties for non - compliance. U / E3ENEFIT ACCRUAL Multiple benefit plans accrue and adjust automatically, If DIRECT DEPOSIT ReAble electronic pay options allow for unlimited direct deposits per employee by flat rate or percentage. Vf CHECK INSERTION Checks are delivered In envelopes, sealed or unsealed. CHECK SIGNING Checks are delivered pre- signed for greater productivity on payday. Id READVCHEX /RECONCILIATION This service provides automatic check reconciliation. id GARNISHMENT PAYMENT SERVICE Paychex automatically remits payments to the proper agencies when due, and makes electronic transfer of funds where accepted and required. FORMS W -2 OR 1039 Timely and accurate filing of employee forms W-2 and 1099. S ONLINE W-2 SERVICE Access to electronic form W-2 history for viewing and reprints. Paychex One - Source Solutions ilR` One Partner, One Solution. a ;, m' I ' 'u5 It m Proposal V SELECTED SERVICES kf HUMAN RESOURCES ONLINE This module Includes a central data portal for managing company and employee human resource Information, A central administrative database eliminates the Inefficiencies and inaccuracies of managing data In multiple places throughout the organization. Custom workflows and screen displays add convenience while reducing administrative labor costs. Supervisor and employee self- service options further Increase efficiencies and cost-saving advantages, Features • HR portal with Employee Access Online • Optional employee /supervisor self - service • Communication center • Company directories • Reminders and notifications • Custom new -hire onboarding • Orientation task management • Employee profiles • Employee profile future dating • Custom fields • Employee documents • Employee handbooks • Company forms and documents • Benefit plan tracking • Net -pay payroll deduction calculators • lime -off calendar and administration • Total compensation summaries • Comprehensive reporting • Check stub history • Training curriculum • Performance management • Corrective action logs • License and certification tracking • Dynamic forms • Asset tracking • OSHA tracking • Equal opportunity analysis • Salary/rate history • Audit trails D BENEFITS ADMINISTRATION ONLINE This module provides a powerful and flexible tool for streamlining benefits administration with complete administrator oversight and control. Plan eligibility Is automatically determined based on effective dates for new hires, life events, and open enrollment, based on each group's unique rules, Optional employee self- services provide complete access to eligibility and plan information for employees and their families from anywhere, at any time. Powerful reporting and communication capabilities, including carrier bill reconciliation tools, help ensure timeliness, accuracy, and control. Features • Complete administrative oversight • Automated eligibility determinations • Fast enrollment and processing • Highly accurate current and historical transaction data • Powerful reporting and communication tools 1 • Carrier billing audit tools Paychex One - Source Solutions U Y ` �: One Partner, One Solution. Proposal City of South Miami Proposal date 1/30/2012 xli i Valid until 213/2012 Pay frequency 26 ;k +, Employees 170 Notations: Totals displayed do not include sales tax where applicable. Prices are subject to change with advance notice. Please initial to indicate your understanding and agreement with this proposal: LPER PAY PERIOD CHARGES Minimum Base units RatefUnit Total Discount Net tote! Standard Payroll Bundle $ 132.43 $ 561.33 30% $ 392.93 Includes: Payroll processing per check 1 to 50 50 $ 3.00 51 to 75 3.50 Omar Rodriguez Alfredo Riverol Major Market Sales Gemma Boza orodriguez@paychex.com Benefit Accrual 954-443-0442.X21071 Notations: Totals displayed do not include sales tax where applicable. Prices are subject to change with advance notice. Please initial to indicate your understanding and agreement with this proposal: LPER PAY PERIOD CHARGES Minimum Base units RatefUnit Total Discount Net tote! Standard Payroll Bundle $ 132.43 $ 561.33 30% $ 392.93 Includes: Payroll processing per check 1 to 50 50 $ 3.00 25 $ 2.53 95 $ 2.27 0 51 to 75 3.50 76+ Taxpay Service Direct Deposit SUI Support Check Insertion Benefit Accrual Check Signing Report Writer /Report Library ReadychexlReconciliation General Ledger Preview Hosting New Hire Reporting $ 12.00 170 Garnishment Payments 0.95 Payroll Delivery 173.50 30% $ 121.45 Human Resources Online (all employees) 5.50 Per pay period total 25 $ 2.53 95 $ 2.27 0 $ 3.50 $ 30% $ 0 $ 2.25 $ - 30% $ - 1 $ 8.75 $ 8.75 $ 8.75 $ 12.00 170 $ 0.95 $ 173.50 30% $ 121.45 $ 5.50 $ 990.00 $ $ 743.58 $ 523.13 ANI+IUAL CHARGES Minimum Base Units Rate /Unit Total Discount Net total QuarterNear End Report Delivery 4 $ 11.75 $ 47.00 $ 47.00 W -2 Delivery 1 $ 11.75 $ 11.75 $ 11.75 Forms W -2 or 1099 $ 55.00 170 $ 5.50 $ 990.00 $ 990.00 Annual total $ 1,048.75 $ 1,048.75 ONE -TIME CHARGES Minimum Base Units RatelUnit Total Discount Net total Implementation Implementation, Customization & Training $ 2,500.00 $ 2,500.00 One -time total Annualized charge $ 2,500.00 $ 20,381.83 $ 2,500.00 $ 14,650.16 r r a y i PROPOSAL WORKFORCE MANAGEMENT py��Jl���ppi,'�� 3��A�' f. -��`•'%ryT 5 �Py fir -�• ,fie 5 Mill January 23, 2012 Will Waid Workforce Management Consultant P: (954) 518 -6109 F: (954) 518 -6022 E: will_waid @adp.com @ 2010 ADP, Inc. All Rights Reserved 1123112 Table of Contents ExecutiveOverview ........................................................................ ..............................2 Strategic Goals and Analysis Findings ........................................... ..............................3 What is ADP Workforce Now? ..................... ,...— .................................... ............. ,....... 4 Solution Recommendation ............................................................. ..............................6 Implementation............................................................................. .............................11 Customer Service ............... ............................... ........12 Impact on your Bottom Line ......... ............................... Error] Bookmark not defined. PricingSummary ........................................................................... .............................13 W. 4 y "N", �, WorkforceNow e� i� u.D$aeh?�SI. . '.I Workforce/Vow In an effort to meet the most critical business challenges of the City of South Miami, we recently conducted an analysis designed to identify opportunities for organizational improvement. As part of this approach, we spoke with you to better understand the current practices and approaches at the City of South Miami. By understanding and evaluating these current processes, as well as future organizational goals, ADP developed a recommended action plan for our work together. Our three -step analysis is designed to highlight process improvement opportunities and recommendations, quantify the financial impact that these recommendations will bring, and detail how these recommendations relate to the key strategic goals for your business. During our discussions, you shared with us the following strategic goals: Strategic Goals 1. Mitigating Costs L� ME �, U h A h 1-% V �; J " m, E3 ht�3,Y�= WorkforceNow ADP Workforce NowTm is an integrated solution designed to meet the needs of your mid -sized organization and help you focus on what matters — your business, your employees and your bottom line. ADP Workforce Now will help you do more with less. in a single- source solution, ADP Workforce Now delivers the robust HR technologies enjoyed by leading Fortune 500 companies, now designed specifically for your mid -sized organization. Here you'll find the tools to optimize productivity and raise HR's profile as a true strategic partner: 0 Support for the full spectrum of workforce management, from HR & benefits administration to payroll, tax, and time & attendance. 0 A single, integrated solution that eliminates the financial and technical pain of integrating applications and managing multiple points of accountability. 0 Increased self - sufficiency for managers and employees with on- demand access to payroll data, attendance records, and other routinely requested information. ADP Workforce Now will help improve your bottom line By integrating everything you need into one convenient system, ADP Workforce Now helps you more effectively manage HR- related expenses and make smarter decisions for maintaining the health of your bottom line: • Control labor costs by better managing employee scheduling and paid time off. • Battle the rising costs of healthcare with payment reconciliation tools and detailed reporting. • Leverage information -rich reporting to help you evaluate and plan workforce strategies. ADP Workforce Now will help you stay out of trouble* ADP's flexible support system helps make it easy to stay current and minimize risk: Improve the accuracy and timeliness of federal, state and local tax payments with comprehensive payroll tax management, state unemployment insurance administration, and time collection and calculation tools. Manage employee separations more effectively, including COBRA processing. Gain greater control over the content and timeliness of information distributed to your workers, including the most current company policies. *ADP does not give legal advice as part of its Workforce Now Offering. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. Workforce Now is not a substitute for legal advice or your professional Judgment. You should review applicable law in your jurisdiction and consult experienced counsel for legal advice. } .. WorkforceNow ADP Workforce Now will help you find, grow, and keep great people Think of ADP Workforce Now as a powerful lever — one that can help you shift the administrative burden and focus instead on your employees: Recruitment and selection services to help your managers make smarter hiring decisions. Innovative talent and performance management tools that empower your managers to focus on employee development and cultivating effective teams. Systems that help ensure your compensation, merit increases.and other incentives are equitably, accurately, and consistently applied, and that they align with the performance of all levels of employees. ADP Workforce Now Technology At the heart of the ADP Workforce Now solution is a world - class, integrated technology platform that presents you a single, comprehensive user experience and provides the tools you need to manage your work force. Beyond the technology, however, is the world's leading provider of workforce management solutions. Since 1949, ADP has been helping over 570,000 organizations like yours by being the world's most reliable and most - trusted workforce management business partner, allowing them to focus on their business objectives. What does this mean to you? Flexible Solutions: ADP Workforce Now is not just a software bundle, but a complete solution wrapped In 60 years of experience and expertise, coupled with services you can employ as much or as little as you need them to meet your specific needs. ADP Workforce Now doesn't bind you to limited and inflexible boxed software, but combines the robust functionality you need with the flexibility you want to be competitive in your marketplace. • Single Sign -on: No more wasting time logging into and out of different applications to enter data, run reports or configure organizational settings. ADP Workforce Now has a single point of entry and universal organizational settings create a seamless user experience. And no more software version mismatches with the interminable patches upon patches to make different software applications simply work with each other. • Services Available As- needed: Did you ever wish you could clone yourself several times over during open enrollment? With ADP Workforce Now you can -- in a virtual sense, of course. Your ADP Workforce Management Specialist will work with you to provide the optimum mix of technology and services to meet your needs. a Mt `', WorkforceNow - , n'li'm nr ADP Workforce Now Payroll (included): ADP Workforce Now Payroll will simplify your organization's payroll management process — especially if you operate from multiple locations. All your users are connected to a single, secure, data source without the expense of a network. With secured access to their specific areas of responsibility, your payroll organization can prepare payroll at the office, at home, or even on the road — any time of day or night. All they need is a web browser and internet access. ADP Workforce Now Payroll gives you the flexibility to work the way you choose. • Easily customize your pay grid. to fit the entry of data you need • Access, save and print reports for payroll and employee data • Create custom reports • Cut off-cycle checks at any time to meet special needs • Utilize validation tables to maintain data integrity • Maintain multiple tax parameters for each employee • Access current and historical paycheck and voucher data • Track labor costs by project • Immediate access to your up -to -date payroll data from any Internet enabled workstation Now you can prepare your payroll at the office, at home, or on the road -- any time; day or night. All you need is a Web browser and Internet access. What's more, you can delegate payroll tasks like never before, allowing managers to input data for their departments or remote locations through the secure ADP Workforce Now Payroll application. • The convenience of a hosted solution in a secure environment • Web -based software that is upgraded automatically • Managing remote /multiple locations through a single system • Cost savings from "thin client" applications that eliminate PC -based payroll software, for reduced cost of ownership • Immediate access to your up -to -date payroll data from any Internet enabled workstation With Workforce Now Payroll, you can finally have complete confidence in every detail — from security, to administration, to tax filing, to delivery, and reporting. LON, y� ° t 7 `1�' WorkforceNow • Unique screens that are designed with menus to guide you through your payroll input process • Pull -down menus automate repetitive data entry to save time, reduce errors, and help ensure consistency • Automatically integrates your time and attendance data from ADP Workforce Now Time & Attendance • Automatically integrates employee data with ADP Workforce Now HR & Benefits • Web -based training is available at your fingertips • Safe and Secure — multiple firewall design and 928 -bit Secure Socket Layer encryption of sensitive data and intrusion detection at server and network levels. WorkforceNow ADP Workforce Now HR (not Included): Integrated — and offered exclusively in conjunction — with our ADP Workforce Now Payroll solution, ADP Workforce Now HR helps you: ■ Access, manage, and analyze the most sensitive and complex HR information, like salaries and pay grades for performance reviews ■ Improve employee recordkeeping ■ Track benefits with accuracy and confidence ■ Gain convenient access to standard payroll and HR reports that help you maintain compliance with government regulations concerning COBRA and EEO administration as well as OSHA events Solutions are easy to learn, deploy and navigate – The type of training is up to you. Training can take place in a virtual classroom on your desktop, instructor -led on the Web or instructor -led in a classroom – on your schedule. Point -and -click Web access enables rapid rollout of solutions allowing users in your most remote locations to gain real -time access to the most current information. Convenient access to comprehensive data – With ADP Workforce Now HR, you get convenient access to both payroll and HR files. The integration of ADP Workforce Now HR and Payroll enhances data integrity and eliminates duplicate data entry, so you can confidently access data over the Web, format information to fit your needs, and share it. This helps to improve the speed and accuracy of data that may affect your key business processes. Proven hosted solutions -- Hosted solutions negate the need for dedicated IT support, system maintenance and upgrades – ADP does all that for you. All you need is a High Speed Internet connection and Web browser. Flexibility to work the way you choose – Organize HR and payroll solutions around your company's work schedules. Free HR staff from redundant administrative tasks so they can handle programs and issues that are strategically important for your business, such as recruiting and retention. Increased employee satisfaction – Self- service brings employees closer to the information they need and empowers them to act. Greater control over employment - related costs – Provides you with information that allows you to control your direct and indirect labor costs. Multi -level security – With intrusion detection, multiple firewall design, strong encryption, user authentication, session timeout, audit reports, ongoing security monitoring and testing, your information is protected with ADP. 1 (^ WorkforceNow ADP Workforce Now Time & Attendance (not. included): ADP Workforce Now Time & Attendance increases the speed and accuracy of time collection, calculation and transfer of data to payroll because it is fully integrated with ADP Workforce Now Payroll. You save even more time and eliminate further chance of manual error. Track Time in a Manner That Fits Your Needs. With ADP Workforce Now Time & Attendance, you can choose from a variety of time collection options to meet your needs. Select from badge card time clock, biometric time clock, Web timesheet, telephone, and web - clocking kiosk. In addition, you can easily transfer punches from your existing point -of -sale (POS), call center, scheduling, spreadsheet and in -house systems. Figure 1: Use Overtime Reports to Control Labor Costs Approaching Weekly Overtime Current Pay Period Company Code. OX2 } -. } a *Tool )h7ulen.- - Rnrdre -.. . �, WjarkUd Tiirleu Gadunb Geyer Laura A OX2000052 2 2 45.IX1 18.00 M•na>s i.h,•:u. ... _. .0000007 .. ,._ -.. __.,. .., .. ,. ....• -. :... . ............16.00' e 13YMN fiOX- A 0X2000055 2 16A0 rte'' li4a]s •. oxaooraos -T -a, . Condo Howl 0X2000064 - 16.00 coLlay MOP 1A 0X2000062 2 16,00 6yrone Rkhord 0X2000056 _ 16.00 comes DBYId OX2000065 2 16.07 Cody 7imolhy OX2000081 2 16.07 ceocwo David 6X-1000057 2 15.00 Garner Edward d OX2000054 0 0.01 yet Save Time and Money on payroll Preparation. If your company has multiple locations or employees who travel or work remotely, ADP Workforce Now Time & Attendance allows your workforce to submit and track hours from any browser anywhere in the world. • Fits your needs — Automatically applies rounding and overtime rules based on your company's payroll policies. • Fast and accurate — Instantly calculates hourly totals and paid time off, • Web-based— Makes information available to employees and managers through a web browser. • Easy to use — Inbox messaging and workflow notification makes it easy to see responses to time off requests, attendance notifications, timecard approvals, timecard exceptions, and reports that require immediate action. • Ongoing updates — Take advantage of new features as they become available at no additional cost. Your employees access ADP Workforce Now Time & Attendance through a secure web site maintained by ADP. • All you need to get started is an Internet connection and a web browser. No installation or maintenance of servers or software — we do the work for you. • ADP protects access to your sensitive data and automatically updates your solution when new versions become available. WorkforceNow Reduce the Likelihood of Wage and Hour Compliance Violations by spending less time worrying about compliance violations. • Easily prepare reports — Readily provide information for Federal wage and hour compliance reports. • Minimize risk of noncompliance -- Track hours worked for all employees, ensure accurate calculation based on your company's overtime policies, and document changes made to timecards. ADP Workforce Now Time & Attendance can help save you additional time and money by automatically calculating paid time off based on your company's pay policies. This gives your managers and employees self - service access to up- to- minute vacation and sick balances, minimizing disruptions and enabling managers to respond to requests and inquiries more quickly. Access paid time off balances easily your employees can see up -to -date vacation and sick balances without having to disrupt supervisors. r t; Zt Ja Fr. } {in iTC �WorkforceNow Implementation Approach Solutions Based Implementation Offerings ADP's commitment to World Class Service includes a thorough, well- planned approach to implementing ADP Workforce Now for your business. Our professional implementation organization ill help ensure that the experienced ADP professionals assigned to your project will work closely with you, from start -up through production and ongoing service and support. ADP recognizes that the value of our solution goes beyond features and functionality. That is why you can expect us to deliver a proven, efficient and effective implementation process, starting with the introduction of your ADP Implementation Professional, who will help ensure the success of your implementation. ADP's Project team is committed to work with your team to help ensure a smooth conversion to the ADP Workforce Now solution within the agreed -upon timelines, as measured against the project milestones set out for your success. Upon successful completion of your implementation, your Implementation Professional will introduce you to our experienced and responsive Client Services team who will support you with ADP's on -going World Class Service. Implementation Approach A Distinctive Partnership between ADP and You Vie)(01TIe 011 Sdution Analysis Ki 7; o.1llneeting' 011eif setup - Dis(m sew lily 1111Qit;1[SfiQll $ data. tnroll in 11a01119 ,�_ ,a: ag ADP Workf� rce.lEvu+l Modde C041ete iiioclule [onverl setup Client validales . System u11I.Me SOUP irilekatlun lna.[isrlc Tmtisiliwt to Client ntlEnds & dnta .: Cli of Services ADP truiplog '� �, 4 Workforce/Vow One service experience ADP Workforce Now provides a seamless client service experience with a single, toll -free number for all inquiries. Whether you are calling about HR, benefits administration, payroll, time and attendance, reporting, systems and application issues, or other specialized ADP products like FSA and COBRA Services — knowledgeable and courteous representatives will be there to answer your questions. Figure 2: Use ADP's comprehensive online service center VYcscnieJc:itjUaL 5 >Ni7cotf`hltY =C�LJ r4 f Supp 0 (hinter Iinnle ftfl. . s3ea5e6ts::, to & Altmidance_ _: +yslrniz & ppyllCatrwr Suppi '�elcome to the AOP Support Center+ b The AJP Supran Gdni.r cnnta,kis-a we alllti 6tsecJco zfo dsuOwl into inia run for :,l7P Client P•,a,'al:le 21 day. i days a tteeF,, lie en0wage }qv ru ta1 a eNan1?ge:01 Ehe A F. svr�on ceraer to get tl,a tnfoamanon you nod, { 'f Yrhanyau need a: i'Idase clrgcA back troEs solutions and &uS.ser,fr¢opii6ns, Vde irr6cume7rour.,snrmnQras nd stiq�esuons'is: nurSu� port Center ,saf:tease i �' c��... 6�, Hli & Bandits Payroll : Time & Attendance Systems & Application Suppori m support tti MR Support. P}7 s Suppos M Toads on.7 Foams I _ o TWs and Fo.�ns • To01S any Fume paumeadation Mnaai7o Brio• •- KrtavY¢yga Ba;sa Knowledge fuse IGfaukd99 BB69 PIN M One access point for all tools and services At the heart of the ADP Workforce Now solution is a world- class, integrated technology platform that presents a single, comprehensive user experience and provides the tools you need to manage your workforce. One partner to coordinate it all Since 1949, ADP has helped over 570,000 organizations by being the world's most reliable and trusted workforce management business partner. ADP is committed to servicing the needs of employers --- from recruitment to retirement -- allowing them to focus on what they do best. Through its proven expertise, ADP enables organizations of all sizes, in every industry, to manage payroll, tax, HR, benefits administration, and time and attendance with solutions that help you to maintain regulatory compliance and control costs. 3 4 a a Q 12, A= WorkforceNow See attached pricing __�[ WorkforceNow "WIR 29 CITY Of SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Executive Alfredo Riverol ariverol@c!Wofsouthmiami.net Today's Date: 1/22/2012 Master Order ID: N/A Order ID: 671859 Order Type: New Client ADP Sales Associate Will Waid will_waid @adp.com NP] (305) 663 -6343 (954) 518 -6109 Number of Employees for Payroll Processing: 150 �if^r$�k3��'t��4Fr?'L. ; �h�t�}' ��. �.' f��'+' .��'- N�:•`�.��.��M'��.''�.,sr� Rt�7:ti��k?•`Rne 5���`+�.!'.�k�+��i Processing Fees - 131- Weekly Units Totals Workforce Now'"' Expanded Payroll ISO 9K.-Oa- Workforce Now Expanded Payroll Electronic Pay Statements PX Payroll Processing* General Ledger Interface Total Tax Plus - PX IReporis on Demand PX New Hire Reporting- Payroll Preview PX WGPS PX Labor Distribution PX Content Management Payroll & HR Employee & Manager Self Service Benefit Accruals PX PR Connect PX Check Signing PX 24 Hour Service PX Check Stuffing PX Benefit Accrual Management Report CheckView PX Packaged MR Custom Report Writer Packaged MR Delivery - Payroll PX 1 Delivery prices vary by courier and delivery location Workforce NOW ;" TotalPay 150 $0.00 Stir. �y} r , 1 r .._��r7"S�I1 _- '. -. . _ � •- clkt4� " .a a.� .: .7. i . c. r$L' :i. ,d- One Time E= Implementation Fees Workforce Now"' Expanded Payroll $2,800.00 rutff [ ?S s MISS, �"" �a" /�?8�0OD Year -End Fees Per Pay Min Year End W2's PX i and higher $6.25 Each $75.00 $75.06 .� o: }�?�4x ... " .. .._ _ ?•. -. � r.. _. . -�.... i�'�'L:e.`'iir .- �R�,r:•:. r.r r�:•.. F�. .. _.: i.15. .._ .. _ Summary Per Check Fees $3.87 Total Annual Fees (Total of all annual fees) $15,106.00 Total One Time Fees (Total of all one time fees) $2,800.00 Invoice Detail Base Unit Fee Units Workforce Now*"' Expanded Payroll $160.00 ` 1 and higher $2.70 Each 150 Delivery - Payroll PX 1 and higher $16.00 each Page 1 of 2 CITY OF SOUTH MIAMI Invoice retail Today's Date: 1122/2012 Order ID: 671859 Base Unit Fee Units Delivery prices vary by courier and delivery locadon Workforce Now'" TotalPay Contact Type Contact Phone Executive Alfredo Riverol (305) 663 -6343 F Client Security Master Alfredo Riverol (305) 663 -6343 `411 OEM',U ' Client agrees to direct debit of fees for service: Yes ...y . , t.. ,.`�w;; �. � .. ..: .a...�+,�+.�k•.�`.C��.i :.. P 4 Via: :-:,.� r•'it s� ��r , + i�+�:in lAtr +'�`lr �.r r�.v...�:.. �;;���� ��'; ^f+} Y . ... I li .� {. - .,. .�, bF. ?• L _ .�Y..� .� rp i � 5 M � `. ,M,.i4��. .. �.y c }iI. .S YK...S. 7MEADPSERV=UM0 ON 7MLSS4LES ORDER ARE PROVIDED AT 7NEPRACESSET FOR7M ON 7MEABOVE PAGESAND IN ACCORDANCFWIINADPS STANDARD 7ERMSAND CONDITIONSOFSERWICE ATrAOVFD TO 7XIS SALES ORDER. BYSGNJNG BELOW YOU AREACXNOW LEOGINGRECEJPTOFANDAGREEMENrTO SUOY TERMSAND COMMONSAND TO THE LMED PRICES. Client Signature: _. y Sales Associate: date Date Page 2 of 2 paylnc Pavlocitw Quote for Service Prepared Exclusively for: CITY OF SOUTH MIAMI 1/3112012 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143 305.663.6343 eQuote2011,09.o Quote Presented By: COLETTE COOK 954.383.8378 Notes This quote is valid for 30 days. Customer Information $3,882.90 # of Employees Per Payroll Fees 170 # of Annual Processings Payroll Bundle - BW / SM 26 # Direct Deposits 170 # Paylocity Checks / OBC - # of States /Local - Tax Filing 1 # Time Keeping Employees Direct Deposit # of Benefit Enrollment Participants Tax Filing (Fed Plus 1st state) Included Bi- Weekly One -Time Implementation Fees Base Cost Per Flat Fee QTY Payrolllmplementatlon $ 6.37 $1,082,90 Advanced Human Resources $ 250.00 $250.00 Self Service Implementation Included Time Import Executime (estimated) $500.00 Time & Labor Implementation Declined Declined General Ledger Expert 1,500.00 $1,500.00 Time Off Accrual $ 200,00 $200,00 Retirement File Transfer Implementation $ 350.00 $350.00 Total $3,882.90 Per Payroll Fees Base Cost Per Min QTY Payroll Bundle - BW / SM $ 50.00 $ 2.00 170 $390.00 Payroll Processing Included Check Signing and Sealing Included Paylocity Checks Included Direct Deposit Included Tax Filing (Fed Plus 1st state) Included New Hire Reporting Included Comprehensive Training (Unlimited) Included Report Writer (Ad Hoc Reporting) Included Comprehensive Report Library Included Time Off Accruals Included Remote Print Back included Online Quarterly Reports included Online W2 Access Included (Custom reports may incur a one -time implementation fee) Paylocity Bank Checks Included Additional Tax Filing (First State Included Above) 3.00 Per State / Local (Base fee includes federal and 1st state, all additional states or localities are additional fee as noted above) Online Check View Included Included Combination of Garnishment Checks & Electronic Agency Transactions 1 $1.50 401(k) / 403(b) File Transfer Fee 10.00 $10.00 General Ledger Expert 15.00 $15.00 Positive Pay File Transfer Fee 10.00 Declined Split Pack (Per Additional Location) 5.00 0 $0.00 Total Per Payroll Fees $416.50 Delivery 15,00 Overnight (est. cost) $15.00 Total Per Payroll Fees Including Delivery $431.50 Corporate Offices: 3850 N Wilke Rd. Arlington Heights, IL 60004 866- 304 -3800 FAX., 847-463-3210 www.paylocity.com Pavlocity Quote for Service Prepared Exclusively for: CITY OF SOUTH MIAMI 1 1131/2012 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143 305.663,6343 equote 2011.09:.' I Quote Presented By: COLFTTF COOK 954.383.8378 Monthly HR & Payroll Fees Base Per EE Min Max QTY Paylocity Self Service Included 25.00 170 Included Advanced HR Bundle 3,00 170 $ 510.00 Inclu: App. Tracking, Co Property, COBRA, FMLA, Notifications, Benefits Deductions, PTO Req., Skills /Events, OSHA, Employment History ett Unemployment Cost Mgmt 25.00 0.50 Declined HR Answer Link Declined Declined Declined Total Monthly Payroll Fees $ 510.00 Monthly Time & Labor Fees Base Cost Per Min Time & Attendance (Per Employee) - 35.00 0 Declined (Includes: Timekeeping Self Service, Manager Self Service & Onllne Leave Management) Job Cost Module (Per Employee) 0.60 0 Declined Total Monthly Time & Labor Fees $0.00 Payroll Quarterly Fees Base Per EE Quarter Tax Report Delivery Delivery over the internet, at no charge. Total $0.00 Year - End /Annual Fees Base Per EE CITY, Year -End W2/1099's 45.00 4.75 170 $852.50 W2's Available on the Internet No Charge SSN Validation 25.00 0.50 170 $110.00 Total $962.60 Corporate Offices: 3850 N Wilke Rd. Arlington Heights, IL 60004 866- 304 -3800 FAX. 847 - 463 -3290 www.paylocity.com Payrocity Quote for Service Prepared Exclusively for: CITY OF SOUTH MIAMI 113112012 6130 SUNSET DRIVE. SOUTH MIAMI, FL 33143 305.663.6343 eQuote2011,05.1) I Quote Presented By: COLETTE COOK 954,383,8379 Investment Summary for: CITY OF SOUTH MIAMI One Time Charaes Implementation, Payroll Solutions $1,083 Implementation, Human Resource Solutions $750 Implementation, Time & Labor Solutiions Declined Implementation, Optional Services $2,050 Total One -Time Charges $3,883 Recurrina Charges (Annualized Payroll + HR- Each Processing (Excluding Delivery) $10,829 Monthly Time & Labor Fees 0 Monthly HR & Payroll Fees $6,120 Payroll Quarterly $0 Total Recurring Charges $16,949 Year -End Charges Estimated Year -End Charges $963 All pricing is guaranteed for one (1) year from first processing. THE PAYLOCITY SERVICES COVERED BY THIS AGREEMENT ARE PROVIDED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. Paylocity Associate Date Client Authorization Client Name (Print) Company Name CITY OF SOUTH MIAMI Company Address 6130 SUNSET DRIVE. SOUTH MIAMI, FL Company Phone 305.663.6343 Corporate Offices: 3850 N Wilke Rd. Arlington Heights, IL 60004 866 -304 -3800 FAX: 847-463-3210 www.paylocity.com m0l 18, 6 B -6 IN z H ul Pj.2 34 RX Hllm�. -A ZI V-4 m 1�7 Vf X.7 bg 14. 1 I-v g.� > uj 1� U W 2 ILIMIAR (1) Lu E- i� -9 C% t I WAS 2 11 a I D X-�R Z5 in �z 16 ji -t I - E c?2 c4 7R x 7F cc E 288. E I SUNDAY, FEBRUARY 12, 2012 SE NEIGHBORS CAL :- a�.�.5.'-= '..�z.. xe %._.......�� -.`� �.Y...^�sf-�:YA�- .W.'•.., :cd'.. ":4."" .:x."�°.:'= J1:..-- '- .'.tt�t'.1 :t' ....::" = ..�r""��a -d-. e CALENDAR, FROM 12SE ' a.m. Feb. 15; 10 a.m. Feb. 16; 1Q a,m. Feb. 17: Seasons Hospice & Palliative Care of South Florida, 5200 NE Second Ave., Little Haiti. 305 - 762 -3883. www.seasons.org. CLUBS Bingo for Charity at Elk's Lodge #1835: Play bingo to benefit Ariai Children's Hospital near northern Florida and veterans' organlzatioi particularly homesless veterans, 7 p,m. Feb. 15. Elks Lodge 1835: 12495 NE Second Ave,, North War CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that'the .City. Commission. of the City of South Miami, Floric will ,conduct Public Hearings at its regular City Commission meeting scheduled fi lffs66z February 21, 2012.' beginning at 7:30 p.m., in the City . Commisslon Chamber 6134 Sunset Drive, to consider the following items: A Resolution authorizing the City Manager to execute a muitl -year. contract with Public Safety Corporation (PSG) for the non - exclusive license to use CryWolf a software appilcation designed to assist In false alarms with no capital Investment required. A Resolution authodzifig the City Manager to enter Into an agreement with Paychex, Inc to provide payroll services integrated software solution. A Resolution authorlAng'the City Manager to execute a 3 -year maintenance agreement with Alfi Electronics, Inc, for the total amount not to exceed $14;400.00 to be charged to the Police Department's Contractual Services Account, 6001 -1910 -521 -3450. A Resolution authorizing the City Manager to enter into a five -year Performance Based Audit Contract with Advaion to perform performance based audits of City departments pursuant to Section 4 (F) of the City Charter. A Resolution relating to the review and approval of a Unity of Title request by Larkin Hospital, pursuant to Section 20 -516 of the Land Development Code, to permit the licensure and operation of a nurses training facility located at 6140 SW 70 -Street, that is incidental and subordinate to.the main hospital operations. A'Resolution of the Mayor and City Commission, relating to a request for a variance from Section 20- 3.5(E) of the Land Development Code, to allow 54 feet of frontage where 60 feet is required, on property located at 6487 SW_ 60th Avenue, South Miami, Florida; within the RS -4 zoning district; to permit the construction of a new one-story, LEED (silver) affordable single family residence within the City's Community Redevelopment Area. A Resolution relating to a request for variance from Section 20- 3.5(E) of the Land Development Code, to allow the lot size of.the building site to be 5,875 square feet, where a minimum lot size of 6,000 square feet Is required; and to allow 50 feet of frontage where 60 feet Is required; on property. located at 6477 SW 601h Avenue, South. Miami, Florida. within the RS -4 zoning district, to- permit the construction of a new one -story, LEER (silver) affordable. single family residence within the. City's Community Redevelopment Area, and providing an effective date.. A Resolution relating to a request for a variance from Section 20- 3.5(E) of the Land Development Code, to allow 50 feet off rontage where 60 feet.is required, on property located at 5928 SW 66th Street, South Miami, Florida, within the RS -4 zoning district; to permit the construction of a new one- story, LEED (silver) affordable single family residence within the City's Community Redevelopment Area. - A Resolution authorizing ttte. City Manager to enter into a three -year agreement with FPL FiberNet, LLC to provide internet service and to replace existing network connections at Parks and Recreation, Public Works and City Hall. ALL Interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at %305- 663 -6340. Maria M. Menendez, CIVIC City Clerk Pursuant 10 Florida Statutes 286.0105, the City hereby advises the public that if a'person decides to appeal any decision mat by this Board,Agency or Commission with respect to any matter_' considered at its meeting or hearing, he or she will not a record of the proceedings, and that for such purpose, affected person may need. to ensure that a verbatim record of 41 proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.