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11To: THROUGH: FROM: DATE: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Hector Mirabile. PhD. City Manage;1" t South Miami 2001 Latasha Nickle February 13. 2012 Agenda Item No.:iL A Resolution authorizing the City Manager to enter into an evergreen agreement with Paychex. Inc to provide payroll services integrated software solution. 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.lnc. $ 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 ACCOUNT: EXPENSE: ATTACHMENTS: 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. 001.1410.513.3450, Finance Contractual Services, with a current balance of $4,325.70. Estimated annual cost of $18,000. Resolution for approval Paychex, Inc major market services agreement Paychex, Inc proposal Paychex, Inc addendum Company Proposals 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 and RESOLUTION 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; 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 I. 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 __ day of ____ -', 2012. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: Comp:lny Name office/Client: Number Federal ID Number City of South Miami 440- This Paychl!x Major Market Services Agreement {"Agreement"} is entered imo between P:~ychcx, 10e, (""Paychex"), IO<:llted in Rochester, New York :lnd the Comp.my identified above (KClient"), The Agreement will condoue until tcrmin:ncci b}, Clil!nt ()I" b), P:lychex in accord:mce with the provisions contained in Ihis Agreement. 1. Services. Client employs Paychcx to provide Payroll services and the services initialed below ("Services"), All Services are described in the Product Terms and Conditions section of chis Agreement. Paychcx will not t;()mmt.'nce any of the Sen'ices until Paychex receives all documents necessary to begin each of rhe Sen'ices and notifies Client of the d:ll e Paychex will commence e:tch of {he Services ("Service Effective Date"), Cliem acknowledges that each of the Servites m:ly have separate Service Effective D:nes and Pa),chex may(,:ommence performance for one (1) or more Services -without obligating itself to commence ;'in Services selected by Ciient, Until the Service Effective Date, Client will provide for itself, the Services requested of Paychex. Paye-hex asSUmes no responsibilily for Services prior to the Service Effective Date. Preview" Hosling SCl1Jice pavchex" HR Online ""'"(f~'I'Ti7\i-;;-f' (!!'IT!.\I.S, TaxpaJf' (lncilltles SUI Support Sei1llcel Payehex® lime and H.3bor Online (l:-,m,'L~1 tINITI."I~) Tanpaif" (Wllhout SUI SUPPoi'! Sendee) f'iI11chex'" Expense Manager -. (1:-."l'rT~11l ~) Slate Unemployment Insurance Semlce (SOlS) ~mployee Access Online (EAO) (INflIAI.'1 --'il~;:ri;;;i$j-'- Direct Oeposit Pauchex'" Online W·2 Semlce -·(T.",,7ii:\i1\ --(i~ii'";;i;j- Readychex" Paperless Payroll (n-.:mAloSi $!>:nt""~) Cheek Signing paychex'" Emplovee Screening Semlces "-ii:~<jl'i:lW-'-;m~ Chacl{ Iliseriion COBRA IIdmlnlsiraiion (11\111.\1.$ (lXITI:.IS) Logo Seruice Premium Only Plan (POP) .. "'j"i;':ii'i:\i:\i-(I:o."m.\L~l New Hire Reporting Garnishment Payment Sel1ilce --~i-'-~i3i"'" Client agrees that Paychcx is not rendering legal, tax, accounting, or investment ndvice in connection with the Services to be performed, nor will Paychcx be deemed :l fiduciary of Client o. the t..'1l\ptoyer or joint employer ot Client's employees. Paychex will not be responsible: for Client's compli,tnce with, nor will Paychex provide lega! or orhcr financial advice to Client with respect to federal, state, and local statutes, regulations, or ordinances including, but not limited to, the Fair Llbor Standards Act or any state equivalent. Client :Igrees to comply with an)' nod all :tpplicable federal, State, and local bws or ordinances. Client understands that this Agreement (Rev. 5/10) may be considered an application for credit and hereby lluthurjt~!j Payche:i to investigate the credit of the Client and/or its principals, induding vendor references, b.mk ;ICCount 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 Ihat it possesses full power and authority to enter into this-Agreement, and has rend lmd ;lgrecs to the terms and conditions set forth in sections 1-24 of this AgreemenL Authorized Officer's Name Title PIlINT Authoriz.ed Officcl-'s Sign:tture . _____ _ D:1tc 2. l)rodiJct 'fcrms-and Conditions. P~yroll Services. ,P~ychex,wjlIpn?c¢$1 Client's payroll based solely on Client Information provided by, CHent, prepare paytOn checks drawn on Client's bank account (It as o~hetwise directed by Client' in 'tllis Agrec:ment, prep<lre pay ron reports f?r ead~ Plly(oil processed by Client, and provide the payroll rep[)rt..~' and check!. ~nd/br payroll theck stul?s t;o' Client fQr r~view'and disciibutio!1. Pa,Ychex will,prep.ite'payr611 taX-r~tUn'!~ fOT t~xes idem,ifie,d O,n the Payro:i.! Co:vcr lette:r and_deliver [Q Client for the -C:lient to review, sign, llnd file. Paychex win not' be rcspopsible fonhe r_emittance of payroll taxes, or other rilxes or for tne filing of tllX-ret.~lrns for C.lients whq elect not II) receive [he, Taxpal service. Prevjew~Hbstirig ~rVice~ Paychex v,'ill provide a hos.dng envin;mthem for Client to <lo.:eS$ ,~he Paycht'x, Preyiew -softwar~ appiic"nion ("Preview")' through'-the Internet ush~g ;l third party :lpplic:ltiori :lS :In alternitive 'i,o, ,i!'utalling Preview' -on cu(!:nes ,comp\lti!t:. Upon t.erminaTio~ Qf the J>.rev~eW' fIosting ServiCe 'or ,the' Agreement; (i) '1?~y~he_x,wiH:,prC?vide Client::a c,opy of Clien(s,payroH data stored in the hosted environment and ;l copy of. the then current, Preview sohwarc; and (ii) qi~nt',~in continue to"have accCs,s t9 Previel'(ar),d Cijel)~~s p;l.yrQI.I data for fourt,c;cn (11) days, 'iJsc' of Preview 'following tcrmin~tjon will. be subject-to the, then current Preview softwate 'licensing'llgreemerii:. Taxpal~ (i,ndude~ $U.' Suppo:rt S(:rvic~). On: or b~fore (Iient,'s check date" :f>~ycht'X will (i) process J~lectronic .Fu'nds :Transfer (E;FT) tr~ns",cfiolls, fQf,sucfi :~mo~n[$ a~ an,! necessary' ,o,pily ,the payroll raKes that ~rc, spe~ifl~;llly identified i,n _the Paytoll'"Gover ~uer Report; (Ii) hold-such ~mounls in ,a: sepa,~atc Paychex ,ac~unt-, ulltil' such time ... s these amOUnt!>' ar'e, due to the appro:p-riatc" taxing ,au~horities; and (iii) pr!!pare; sign;.~ri.4 fi.l~-,whh,prciper [,axi'ng:~\Lthi;>,ri,ties,all rt:wrns_for such \ax_e~,Qn ,an Q~gojng basi~. "Paychex is Jlot responsible fbi the ,payment of i:~es or--the,fi,lirtg,of ,returnll prigr, to ,the Tax:pay SerVice Effective Pate or for paYL:oll. 't~_xes that P.1ychex d,~d not coll~,~ from-Client. SoUl Supppr~ ~ervj~~;: Payc:hex will, provide Client with telephone support with ~tate une~p.lo-Ymeri( insurance claims, benefit ,:Charge questions, and pre-heai'il)g prepar!1tion. Tm-pay~ (wiih'9pt SOl Support Se",i~ej. Or ,or before tlien.c~s ched~ date, Paychex,,'),ilf (i) process EFT, transactions for,:;ucn am¢unts ,ls,ar<: necessary :ur 'PilY ::the' payrl?II' tjxe~' th.w-, .,re, '~F~iH~lly id~ntified in, ,the Payroll 'Cove{ ).;~l~er Rcpp.rt; (i,i) hold ~uch 3_mo~~ts--ill a sep;u':at~ P:tychex ,acC:O)J.ot, umil such time as these_ amounts are"due 10 the ~ppropriai:~ _taX.ing_ a~[horities; and ,,(iii) p:ripa;re, _sIgn" an-d ~l~ v,,·lth prcip~r: taxing a.uthQs,-ities ~II r~urns for -such t::txcs 'Of! Ilfl ongoiflj; bltSis. Pllychex Is ~Ot x~spon~ible fO,r [_h~' payme~t _of ta,~(!S or the filing of returns pnor--i:o.--the -Taxp-ay: Service Effcctivc,Dale or for payroll t;!xes thai: Pay~hcx'djd not collea:from C1ie-ln. ~t>I:te U-\1emp,lb}'111c:ut; Jl~~~rance Service '(SO'iS). ,Paychex ,~ilJ provide th~-foliowing_'sel-vic«s,rdadJlg to unemployment iusut"1l;nce: da;m. and ~ppe~l -pr(l~e~'i~g,_ ,pre.he',lriQg-prep",rati~n~ ~n~lytka~" r¢view 'of v:olufll-ll!Y q?ntr,ib,~tiom .. : an4 c~3tge statcqlcn,t. baian,c;ing,.-Client a~recs to complete, ,?-pplicable~Power of Attorney arid,Record ,of.Address f<')f1m ~hete needc(i'. for an ad4iiiona!'Fee. Cli~t'(,!il_Q r¢q~~st'_and:authorize Paychex to-,apP,car' !lnd r:e'present' Client _ hy, ~el~p~lOne, at, any un~mployment,', insur.mce hearing for a specified c:mployee: eSUl Represl'lrii;l.tioJ;l,Servjce")~ 'ptovided the s~te, in 'wh;~h th!l h~'a\jng-is peing ,hel~, will. ,.uIQW sucQ !epTe~ent~ion._ Th~ sm-Repre~nta~ion Serv,i~ ''Y''ill be perlormeq -o~y for any u'nemplo),fl1,ent, inst~ance hearing;·reg:l'rdlng the spedfied em:ploy_ee~ By ,rrpr~ent~'ng elien-f_al-MY unemplQymeril.-,lnsuradc'c hearing for t~' speci{l_e<,l elllployee, Paychex'ls not actirH~, ~ <;Hen~'>li attorrtey nor will Paychex prov:lde Client leg-al advi<.:~. POIychex,does not guarainee tpe outcomil of the hC<l:nng. Paychex I'~ge 1 of6 expressly r~enies the right to decline the Client's request to,represent Client'at-thc unemp!oymentiosumncc hearing. Client expn;.ss!)' agrees' that th~ svr R~prcsermHi()n Service will be performed pursl,l-nnt, and subject to, the terms of .rhe Agreement. Direct' Deposit, Paychex, ·will process Efl' transactions. one or morc bankiilg d;lYS prior to Client's chetll:: date; -for such, amountS as are n~ccss;lr)" to p~y Cliem'-s employees . .such amounts are to, b~ held in an account established by Paychex until Client's check d-aTC. when funds shaU ·be' deposi~ed ,to ~'mploy'ee ac~ounts as _spt;cified. Certain accounts may have restrictions on deposits and withdraw"ls! Paychex i.~ not resp6nsible for determining whether an acCOunt is'su'jtable for, 'direct deposit of requested EFT [t".msa,cti6ns. Rea,dychex',-Pl'Iychex will (i) process EFl' l.raI15ac!ion~ Olle or. lUore banking. OilYS prior ~o Client's check dine, f()r such-amounts as ;Ire n-eccisary to pay Client's i\:oiployees; (Ii) nold such amounts in an, tla;o}.Jut.cs,tabl,ji>hed by Par~he)(: until Client's check datc; and[Jii) drow checks pay~ble to Client'S employees ,0Il Client's _check oatt': ~nd,provide those checks, tQ:: Client, Client,_ s,halJ distribute checks on 'ch~ck d~te, or ther/,';lfter. Check~ . .djsttibut~d:to emp\oyc.C5 before check date will not be honored ~nd k,wiH 'be Client's responsibility to pay the employees. rI CJiellt:~s ,empJpyeidails _to present,;!, chec}c fo'r paym:ent within !ilx (6)" 'inqnths of.cll(:c~ :~ate ("Stale Check"), Paychex. wiU reful1d thc"apl!Ou,nt dehited for the Stale Check back to Client minus any balances owed by Client and charge a Fedor ~he tran~(er of the St~~le Check funds back to Clien~~,Client i;~all he solely'~c_sponsibie' ft;1r remitting to _its employee. '~r former employee;: any '-amomllS due ~nd following, any state \Luc1airneq. properly laws in regards ro ,outstanding employee funds. In, ~he, i!~en\_ thlt a '~e,adych,e~ c~eck is lost, ,stolen, destroyed. ,or otherwise no~.al>lc t:O be"cas,~d ("Voidable R~9ychex;~) Client' agree.~ to ootilJ Parchex immediately and request-,the check to-be voided'" Cliel)t agrees to return'any Voida~le Readychex-checks for wl1ich a refUJ~d bas b~n reql,lcs'ted 'or issued if ii, should be ultimately Iounifor discovered. If the voided check is_~ashcd. nego'riated, or otherwise_ prtseinoo for' payment; and 'th,dinaneiili ins:i:itu~i¢Il-i:h:"t the:Readychel) ch~k is ,draw~ upon rc:quiFes a lost/srolen c~(:ck affidavit t Client agrees tha~ Glicot_ is rcsp()llsible for prpdudng the affida.vii. Check Signing. Pay.<;he~ will me Client's slgnawre t9 cr~a1+ a comlmter·gene:x:~;ed ,fat:s'imile tb.-H' will ,displ1Y on c:\lch of Client's payroll checks each payday. Check Insertion. Paychex wiIl 'illsert Client's sigl1~d cnr;;-cks, into: jn~ivid~l tlmployee _envelopc~ that, will be sealed and returned_to Client. togo',' Se.r,vice. ,Parchex-win u$e_ Client's logo to-c.reate: it computer- ge.nerate,d facsimi.le that :w.ill dispJ~y on t'<lch 'of Cli<\nt'$ payml! chec~. CHeilt warrants that Client is, the Qwntlr of .. ny logo it authorizes Payehe>:: to us~ haS full ,right and authority to use i~ pn Its, payreU chec,ks. ax:ld thai. such u~c does not violate 'any od~e'r party's ,rights. ~ew Hire Re~rtin~" Paychex will repori-all new/rehired employee information that is mandated by federal and stare re!:,'ulations. Paycliex" I:f_R _9~)Un,e., Paych~x will provide Paychex HR Online" an rm.ernet·basoo )lUmail reW1,lrCe information ,system; !lI1d Payi.:hex ~S~rvjces Vpdil:r~ Agt:flt, a PC based softw.lre progta1l1 ,that enabl~s the tr.1nsfer of illfonI!~tion betw~en Paychex eServjces ,products jlnd Paychex' :Preview ,_p~yrol1 software. Paychex grants: ,Cliem a royali'y. free,nOJiexdusiye, npntransfera,ble license ("HR Online License") to use <J.ll cOfi.1puwr progril~ns and rela~ed documen~rjoll (colfecdvely "Pllychex HR -,Online SoftwJre") from the Web server location of Paydicx' choice'. Clien~-agTees and a(;knowledge~ that,~he Paychex rIR Online Software :and ,itS' contents, arc not intended, and should not be R~v, sIlO constmed, as providing legal or financial advice and that Po1)'chex is not tlcdng in ,1 lJduciary capacity 011 beh;!lf of Clieia or Cllent's employees, Client,further au:~hofjzes p\,ych(!x to access Cli~nt's HR Online,account 1:0 perform administrative functiom as neces.~'ar:y to ptovide thi~'~r\'ict;. Paychex Time-and lAbor Online (TLO). ,Pa)"chex will, provide Paychex Time and Labor-Online 'servicl:s, 'an Internet·bascd time and .3tleqdance systetl1 used for collecting time >lad c>lrni~gs -for import into payroll softwa,re. h.ychex may: require, M=c'ess: to diem's cOlopmer syst¢msa.ndlO'r CHent',s 'fLQ accquntto assist iu configu,nttion, provide o'ngoing' ",uPRon, and perform. administmtiv.e functions necc.ssary to provide the service and Client consenLs to <lnd authorizes such access. :1. TLO License and, Software. ?aychex gmnts qi~m, \l rOy;ll~y-free) nOl'.1e~dusiye, nonmmsferolble license (~TLO License") to use all computer, programs and related docum'e'ntation (collettively "TL.O Software") ,from the \'<Ieb server loeiltion chosen by P!1-yche~ .. Cllent may, only use the .itO $oftwMe-'in :lccordance with the' teml:>_ of this Agreem~nt. Access to the TLO Software will en.d upon ~rminiltiori of this "Agreement. and C1.ien~ agttes that all ,TI"-O Software rights remain d~e soje and cxch,lSi've property ,of Paychex,. h. TLO Le;tSC'a,: ~uipmellt. Xn the 'event that Client lea$eS Time ClocKs an!1!or. other e<luipment from p:aychex rLeased Equip:ment~}' Cl~ent itgrees' th~t (i) Leased Eqi..dpine:ot 'is the sole and exd,usi.ve propert}"of Paychex; (il) Cl(ent h.u \10 -right', title, or Interc,~, tn any Leased Eq\iipment ,except. as stated in th_is A$l'~emerit,_, [Iii) Client "c:tnnot, transfer, !leU, or in any way 'encumber Leased Equip~lem:j (iv) .Lea,sed Equipment is not' a fi:uufe. "nd (v) Cli(:nt w;U not allow any other parly to file any lien or':securit)' ,interest on. Leased F.quiprrierit. Upon demand: by Parchex~ _.Clle.nr ';\grees ·to deliver ,to P~ychex. lIny and. ,all. documems. lO prote_ct or record Pay~hex' intcmt in leased Equipfilem, If ,permitled by applicable law, Paychei may file any such,dOClu,nentS or instrume'nts signed onl)1 by'Payche~. Glie)'lt 'agre£s (i) not to dama~e the LCMCd' ~ujpment a~d. (Lij to return to_Pilychex alll.c-Ased Equjpm~nt in irs origin .. l-con~ition, no-m~~l'w_cir aryQ .te;lr .excepted, w-iehifl: ten. (1Q),-b~ls~nes~ dllYS of terri:linati0l?-__ of this, Agreen1en~. If Cliellr-f~iJs to, retum the LeaSi'!d Equipment'in the time ,required, or damages. the Le(l.sed Equipment beyond nornial Wear and rear, Clienl wiII be :charged a Fee equivalent 'to the current ret;til price. c. Fees,. Clierit 'agrees -to make Fcc payment's fOf (i) the TLO scrvkes; and (ii) any Lensed EquipmclU. The Fee'.for th¢_ Leased F,.qu,ipment indu~es __ SlJPpOn ,2n9, mainrcn;"loce sen>ices. d. Gi:)l~v1ian¢e with AP,pl~cahle Law. CHent <lgrees that ,'it: shall fx.: ,solely 'responsible for '.;ompI4<lrice wi~h ;:!lJ Olpplicablc laws and regulatio!llj: in connection with the use 0( TLo. (fLO services. TLO Soft~:u.e-, and a~y" I..eased Equ'iprrie;rtt or'cqu'plt).~nt pureha;sed from Paych,ex) inch,i.ding" \V!~tlOu~ .1imitati~n! sta.te and feder~1 wage, :'I ll d hour iaws afl~ resuJ~t.ions '.tnd laws re1ating to coHectioll. s-tor-.ige and· use':,of..l>ioineuic informacic:in. Cli~qt il.gre{:s-,thit ~he_ TLQ servi~ and iLO Software :are not i~tended, and sho~ld not be 0)nstru.ed;,~_provi4j,n$ ~al or nnancillJ'lldvlce and that Parchei is not acriI'!g in a fiduciary Cdpadty ott behalf -Of Clic;nc or Client's empI6yee~, P~ychc~' E.x'pense Mana~er. Paychex will provide,Cliem v.l'ith a hosted employee, e-xp:e,nS;e 'reimbutiiemenr .$ysrem which, allows qie(lt tei 1l'!3IJ.age, the reim.burSe~nent of empioyee expenses. PayeneX' m~y'utilize a ~hird party vl:!ndor to host the application. Client underitands that rejinbursement$ ·mll.Y be pOiid~ at' Cli_ent's elc~tion, \·ia one or 'both of the foUoviii:l'g options: (i) through CHent's-payl'oil, or (ii) separate from payroll. ThrQugh'.an EFt' m .. naged by the third party vendor. Clients clecti~g to reimburse through EFT, SCp3r;l.te from payrolI,_ackriowledgc thili'there is 'an' additional sc;wp fcc, lind a fee for each EFT, The initi,,\ setup fee',and peNrat,!sa~d(in fee for r<!imburse'Juem via EFT is hot: collee,led by Paythex but d,irectly by ~he d.lird p;U'ry· ... cndor or its agent. Client agrees that 'it sh~n execute and comply with any requirtd documentation of the third ~arty vendor or its agcnt prior to receiving r~mbul1lelUent via EFT. Client acknowledges that there is no reconciliation of reimbursement data between Preview alid PayeheX' Expense: Manager. EtupJqyee Aece:$s 6'nline (EAO). Paychcx will proviae Client with a sclf-servt(.:t, Interne't"b~scd Web' site ("EAO Sl~e") th;lt giv.es Client's employee.s· the _a~j!ity to, ,vIew and pril1t their payroll-check stubs, Forms Wi·2 and' 1099·MISG, ParcheX' will provide -paycheck calculators on ihe ,EAO, Site for 'use ,by Client's 'employc:cs._ Client agrees and acknowledges t1¥t the EAO Site llnd, its content~ are not. intended, find s.ho\l,!~ Il0t be_ c9n~tnled, as 'pro,~id,ing legal or filland<l! advice and that P-aychex is not 'acting in " fiduciary cap-acky on beh"lf bf Client Or Client'S employees. Clic'nc fui-thcr'ituthorizes-P<lychex to access Client's EAO Site to pt,dorm lldministrat.1vc [l.\llttiOtls as 'necemry to provide this ~rvicc. ' Piiychex" Oilliri¢ W-2 ~ervic~. Paychex' will pJace' Client'S employees' Forms-'\"/·2 arid, i099.Mi$C on .a sc-cure Web .site 'for viewing and primillg by ClierH. Paperll;:Ss Payroll. Paychcx wil'! suppress Client's ernplo}'ees' direct depo.sinh'eck $t,l!b~ and! Or Cliem's p~lyroll reports_ frompri.oting. Th(: PaperleS!l Parro)l service requires tbt Client"have either P;1,y~hex HR onjil).e .or Employee Aq::ess O!lJirie. CliclH ;tcknowlecl.g.es thllt e.tdi state has sep:ltate b~s and regulations. gcweming,,_ C!ie~('s obJi~alion to distribute payroll check stubs to its employees and/or to' retain_copies of' payroll check $tubs or the information on the payroU chec~ stubs. Paycncx-'!ih:lll neil be respo:q.sihle for Client'S tomplial)cc wirh, 'Ilor shall it prQ'r'-i~e legal. or olher fimmci~l 'advice to Cli~nt ,with',respect to fedei'lll, state, a'oct local laws or ordinances govemi~g' the qimiburion or 'ret~n'tiOn of p,a}'roll check $tubs, Client is solelr o?!il:>~~ed lO_ cOtnply wit~ _any an,d' ~n a-ppJiC$.bJe federal! S~llte, :1nd' local l~\\~ or ordi.nanc~s governing the distribution Or retemiOll of payroll check Hubs; P~ychex~ Employee Sct:eenirig Services. C,lient acknowledges' that_the Payche?> J::1l1plo'yee,-screening' Services are performed_ by, a, third party vendor of Paycpcx. Client agrees,to_remit payment direcliy to Paychex. Client·:\\;m be eligible for such progr.llll so long as Client: (il rcmains ;l. Cli~'nt <?f P\lych~x, (ii)' complies wtth [~e terms of thi~, Agreffi\ent; ;md (iiiY:executcs ;md .. complic~ .. witb, the terms of any agreement' the third party vendor shall require. COBRA Admin~str3ti()n. Pay'dK'x will perform certain federal conRA ~nd state conti~uatioll administrative fu,naions_ fQr, me~Hcal. qen~al,.' vision, Qr prescription drug coverage plans (".EligibJe P,lans") 0.11 Client's, behalf (".cOm~A Administration'"). Clienhvi!l iden.tify Eligible P,lans of its employees to Paychcx, and Clicut will n9tify Payene-x when an-¢ffi:plor~c 'is (i) no long~r on'its payroll; (ii) terminated from covi.:rag~ under the Eligible Phi"; or' (iii) rec;eilling' a reduced level of.hc~hh C\'Ire CoYcl"tlge"uqder,the_El,igible,Plan (cQl1et,':~v~y ~Require4 NeitificatioJis"). PaychcX' will assist ClicJ)t,in'determining if a matter, is a qualifying event once Client provides Paychex whh [he Rcquired Notifications and, will. b_cgin ,CQBRA.Admini!ltf'atiort on Clien~'s b~f)J.lf. if required, if the qualified benefi<;:iary sub~equent!y elects COBRA Goverage, Client will be solely responsible for submitting, the premium for the q\lalified bcnefidaty "Ur~~ly t9 th~:Eligible plan insura~':C carrier. The_ qualified b~nefid;ll"y 'wilI be 'required to P;\y [he monthly premium directly to Pay(;hc);',)lod Paychcx will reimburse Client the premiulll collected from the' qualified bC.rtefiCiary less an administrative Pee, Paycliex rece'ives Rt'V.S!lQ bank credits and/or earnings t'Earnings") from the premiums received. The·awount of E'arll1ngs recc-ivcd by Paychtx will fluctuate based on the average monthly b~lance of the pre:n~ium's muhip,li~d by the thirty (30)., day British Lonci9!l Interb~nl~ Offered Rate mirius forty (40) basis points. Client 'acknowledges that Paychcx may retain such Earnings ilS additional compensation Cor' COBRA ,Administral.i~)J1 und~r this Agreement, 1"0. the absence 'of _Earnings, Clkn~' ~cknowJedges that the Qth~r Fees paid to {}ilychcx -umier this Agreement would be greater. P.remium Only 1~1..an (POP). PaychexwiU :lct as Plan Seryir;eJ'rovidcr for Cl(e!lt's P~fmhlm OI)Jy "Plan. Payche~ will pr~vld~ ,C1ient ~irh ~pe foilowinj; Pla_~, j_mtaUati~n documentation,:' (i) J3ask:, Phn Document; (ii) Adoption Agreement; <lnd (iii) Summary Plan Dcscrjp~i()n. cli~nt a.tkf1¢wl~ge.s that Client is: ,responsible for (iY tc"ie:mog, and. sig~ii"ig t~e Adopti6:11 Agrcell).(!llt setting forth ,~he terms \lod conditions of the Plan; and (ii) 'distributing the Su~m;'\ty Plan Dcscripdon to Plan participaJ,1t~: J)~ychex will, perforni [he ca!cuh<tioils ,for ,~he_ Key' Employee ConcetUl::'atioll Test. Client'it) soldy re'Pon~ible fqr, aU other test;ng:.lf Client has' a Health, Savings Account ,(HSA). the ,pretax sabry :reductions flj.r :Cl~enr's, HSA will nQt ,be incqipbra.t~d, into rh(! complianc;e :,tcsting-'tesults. Ciie-nr: w~ll ~e sQlely re~po?s.ible, for .any ~~rcgate testjng~ Clienn.cknClwledges that if the Plan -fails the testing as outlined-above, the Client is responsihle' for 'correCting the failure and hri_nging theYb.n h"itQ 'compli:mce with ,hc:al'plic;able requ";~emen~s;is 9-<:finep 10. section 12$-ofxhc Internl1l R.cvenue Code. Garnishmen't Payment Service. Paychex-', will prol="cs~ EfT tramactions, one, ba\iking .;lilY prio'r to Client's che~k dare.-for Ciient's empioycc~' ,garnished wages',a!> 'olre necessary to remj~ to-the appropriate entities . .-Client' wiU·.prov-ide Paychcx with ~ garni;;hmem o.i"der, fQr each employe~ for y:rho:m' wilgcs' are to be ~rnjs,l1ed" faychcx will hoki gam,ished wages'.in,;t,S!'!paralc account_Cllta~li~hed by P~ychcx \lnti! such time -as the runoums arc due. Client remains'soldy resporisible for the correCt calcuhttion of-the amount-to -gam ish from'ii:s" employees' wages-; .8;.4di,tion'itl 'ft:rms a,nd,C9!l'dition_s. 3. Client Cont~t;ts..· Client will dcsignate, payroll contacts that will provide Paychc" with 'information and directives nece~~a('}' for,'Paychex to perform the 'Services, (collectively "Client Informatiol)f». Client is re~.p0nSible for t!;ie_ aCcUTjlcy ()f Client fnformation'provided ~:p"ayroJJ contacts,~nd/~r CHent. 4. Clielj.t InforrnaHc)U. Client will execute :~nd(pr, prQvidc' all do,\:=ument.J,tto.n that Paychcx r~ql,lires to p~rform its rcsponsib11i(,ieS under the .Agreement indu~_in.g,; where neces~:lry!: [aIsing,:;l1l ~orp0r.ttt! aClion. Client acknowledgc!s that P:aychex may be re:quired to 9bmin documents-,oe("essarj to verify the' identity-oJ c;Ji~nt purs~ati~ to appJicil.hle, fed~rai 1l_1l9/or Srote S~:l-tuteS -or :regu!iu!Ons .. eli.ern: wit! provide Paychex ,wid), -all m,ces>;arr Client Inform;ltion pertaining 10 Cliem'~'-,e~pj;y~~,at le.asr. two (2) banltins:,days p-ri~r'to payrO,!1 c~eck dilte. C.Jiellt-. ~ckQ,owll!:4ge$ that GHent j's re-sponsib~e for any delayed remi~~a~ce: of w~ges, 't;lXe5} garnishments,-:lQd addiiional pi:"OCcSshlg Fees -incurrcif as a,.t::e5uH: of its' failure ,to provide 'Clierit !~fo'(mat:ion timeJy., Payche_x.,sh~ll,not bc:rcquired to 'Obtain auth~rization fr-()ffi Cij"ct~t '~o :I,~ ,Qn, piefit Information. S. Reliance-oit Client Information. Paye-hex: will flot be r~ponsjhle for errors [hat result fro~n PO\ychcx' rehance on Client Information. 6, Rcv:icw,j{epoqs.: Client will review all repor~s and_document.s'provided or In,,de available,by Paychex-and inform Paych~x of any inaccuracies within three (3) busin~ days of receipt or availabili.ty. 7., Software Li~n,$es. Cli~nt ],las :received, or moly receive, ct!min computer sofiwar-e relati'ng (0: Services selected by tllen,t, ''including, but not J.jmirC(i to) tht;! l'aychex HR Online S.oftw~re .. nd _Paych~x Time and Labor Online Softw:.u:e (collectively ~Softw3re:>'). Client agrees: that in the evcnt that'it does not accept il!l of the terms and conditions of any and-ali Paychex Software! and/or third·party Sofrwan:!'aod any and .lll applicahle'lkense agreerriimts pi"{)v.ided 'to eli,em now or in the futllre, that Paych/:!x will not btl obligated to perform Service~ de~ndent upon the Software. 8. Remit Reimbursement A.lllbunt. Client tlgrccs to remil ftind$' t<) Paychex repre~nting the OlffiQunt dUt; to-puy CIi~nt'll,eO}ployees, remit taxes. or pay :garnishments f'H.eimburSemelll Amountf) through an EfT, or such other payment n~ethod as required by Paychex. 9. Payment of F~.~. (1ient-wlll pay,al! fees, ind,utjing but not limited to fe-es for all P\I;ychex Services each pay period, ;tnd the Setup fecir (collectively "Feesj through an ,EPT or such <.)lher method ;l,S, required, hy P3ychex when .due. Minimum monthly 'Fees are due in the event client f~jJ$ to process a p;lyroll or whose payroll fails-'ro meet the mirJinitim monthly charge 'during the month. Files Include 1l1ilUmUm l",(1.0I1th.ly, 'nsuffici~nt·, hrnds, ;J!1d preroium -pro~csshJg feeS. Paychex' Fees are subject to ch:U1ge, upon thirty (30) dars written notification to Client. Payche:< rna)" in its sole _piscretIQn, require \1 securi~y deposit from CHent, and' Cli~nt_ waives .my right ro interest that may ;1ccrue on ~ny 'llmpums,_ irduding' but not limited to, Reimbursement amounts, Fees', and ~uritY. depQ$its're<:ei.ved by Paychex. 10. Electronic Fuqds Transfcr. if Paychex, requires payment of.Fees.o.r Reimbursement: Amounts (collectively ... Amounts Due") through -an EfT, Cli¢l1:t, (i) ,'will e'xecute 'rill ,dQcum'cntati_on 'needed hy t'aye.he}(; to origin"r(>, efT ,'(jlnsactions,imd to v~rity ,av,li1>1bililY of funds in CI,ient:.s ba"nk tlCco~nt; (ii) <lgre~s that the.fonds rcprcsencinphe Amounts Due \Vill be on _deposit in Client's bank account in collectible form and in ,s\lffid~m ;l,mo~nt on the day P;i.ychex:' EfT is to ,be presented ("Funding Deadlin,e); and @)"authorizes Paychex to collect all Amounts Due from CHellt;s, bank accQunt on, the Funding Deadline. All EFTs are pei"fm:med.'!n cOmpliance with th<;. Nitio:na,! Automated Cle:lring Ho~sc As_soci-ation, op~nltiQg rules, ("NACHN). Clie,nt agrces (i) tq {oHqw NACHA as _ th~y, are amended from time to time a~d assumes the responsibilities ',of :in initiator of EF1'.~; (ii): that it will n'ot iiJirilltc any EFf:lhat vlQlates any law; and (ijQ that Paychex may identify c;iiem to banks involved': in the EFT., Client further agrees "that it wHl notify p'nrc~ex; pursuant, to applicllbJe NACHA and federnl regullluons; if fUIlQing for:qienr's payroll is n!ceived frorn ~ fordgn fina,nclal ugency am.i of any emp'ICly:ees with non·VS ;lddre5~es. I J. Payment, by \'fire "Ihnsfcr or. Other Method. f(-Paychex requires. p;lym~nL of AmOl,llHS Due by a 'wire tran~fcr or other metllOd, Client agrees to provide l)aychex with all infomlation necessary to confirm receipt of the payment prior to the Funding Deadline. 12~ I'nst).fficient ,or' NoncoW"irmcd .Fun,ds. U' ,sufficient fl,.lnd.~ ate not avai1~Q1e on_,the F~~ding D,eadline, Paych,:,x may tah'such action to coHect Amounts Due, including, but not limited, ~o> reis~u;mce"of. the EF:T and, llSse,ss'ing iri~uf£iciellt funds 'Pees. Client acknowledges' t,hnt Clic.nt is r~poJlsible for any delay in remi(;fance of wa~es) garnishments .. ,i;1f t;\)':~sJ ,if P:tychc~ is unable to corifirm ,receipt 'of fbndsprior to _t$.C;_,Ft.in,ding Deadline. 13~ C'tient'$ Defaujt. tn, the eVent of-a Client'default, Paychex may, ,at' iti sole option", terminate the, Agrl¥!mellt, or ;t-portion thereof, Without m;n,ice and ',ded~re ~lJ. Amolmts D\le immediately due: and Pily;tble._ Cli~nt agree~ to prompdy reimburSi: P;l.ychcx for all advances 01' overpayments made' by Paychex and to pay interest on the advances ilt the nne of one' iri~-on~h1l1fpercent (Hl%) per month, or [he 'maximum .lflowaole by applicable Jaw, until pilld.. Client agrees that P;lychcx may initiate-·.m EFT to Cliimt's bank ~\Ccoum: for ;lny past due Amounts Due. Client will be responsibit.--for the COStS of,colkction of Amounts Due;. including, bu~ ),lot limited to, :lttorncys' fees (inciuding in·hollse cou!'!sel), ;tnd court and arbitration costs. 14. Refund/ Adjustment/Overpaymenl. Client agree~ thar Paychex may ~pp!y any balances ,it is holding for Client to Amoun~ Due owed to Paycnex or iLS affili;\tcs. in the ev-clit Paythex remits':\I1 overpayment of payroll taKc~, Paydlex. inay, at its sale discretion. ridvance funds t9 Client. In the event P:a,ychex itdvallces overpayment funds lO Client. Client ,Igrees, that it. will reimburse Paych~x for _the overpayment within the sooner of five ($) days of' (i)' receiving the o .... erp:J.}'m~ru amOl1nt from rhe taxing<authority; or (ii) being notifIed that ~he overpayment amount would be :_:lpplicd, to a,n outstanding -tux liabilh:y of -Client; or (iii) the -Agree'lnent bei-ng terminateQ by either rally. 15. 'Termination. Except 'as otlic[Wise prc,wided, either p:lrty may terminaw the -Agreement upon thirty (30) days prior written notice. Paychtx may i~metli;1tely, tcnninate the 'Agre~merit, or ~ liOr(ion th,crcof. if: (i) 'Client b~(:om~~ -subjct;t to receivetsh~p. bat)kruptq, or is in.s-olvent; (i~ Paychex,. in its sole disaction, determines-lhat' a material <ldverse change h~ occurre<f in -the financial condition of CHenq (iii) '~Jient fails io h.~vc suffk.ie'n_'~ funds on (he Fl.lnding Deadline; ot (iv) Paychex,determincs, in its '~o'fe diseretioll, ,thar <1ny (ederaI~ state,_ ot local legisltltion, reguhnory :<clion1 or jl,ldicial decisiol1 adversely a,ffecw its iIiL'Cresis under: the .A.grt:em.em. Tei,n),ilJiuJon'-9f'the Agreement 'Yill not relieve' ~Uen.t oJ -'~ny 9bJita(k~ns _,set ·forth here,in,. in.;:luding, ."but not :Iimited to, its payment,obHgatiom:. 16,. Limit of Liability.: Paycl1e'x'.-sole Ji3bili~y ;u14 Client~s sol~ ,.remedy -(Q-!' _ray'chex' breach o( the Agn:eJl].¢Q.t:w{lI, !;:c,; (l} for :Paychex to remit to the ~\ppropriarc payee the funds received from Client; and/or (Ii) for Paycnex to r¢imburse Client or it. .. employees 'for '~ny i'lj.terest '(ir penalties >lSSts,~cd by t\\xlng '<!-uth.orities as II direct result" of l'aydicx' ~reach of th~ Ag.rtement. P"y:chex C.ln only be held liable, for breach of the ;Agreelnem" ';lnd 'will n_oi~ be held ljab"~ fO,r; (i) any.', ri~ligent ,ac~ or omission by,Paychex; (ii) the nesJigence of ,:u:tr o~he,r pe(liOn ?r entity, indu~iJlg! bu~, f!.Ot ~imi~ed to, Client and its employees or agents. or any person or emitY',.th:l{ provides Services in conn~tion. wi,th or as 'a (Csl,llt of,Paychex~ !,crformance of_its obJigations u.nqer the, Agreement; (1.ii) ,;my iqss, !;:Iaim" or ,e~.flen$C:"'llrisjp& from' _any i.nform~tion_l?,rovjded or modified by Client, includiryg, but n611ilnitcd ,to. 'any Client, forms, handhooks, manuals, and_ job' descriptio;ns; ,o'r, (iv) , Client). bi-eilch of NAG.HA. :ray~~.x "'jVilI, unq,er no circun1smnc,es' ~e li;~hle for. any spe,cilll, :indifect, incidental" ,or, consequential or" punitive d~m;ag:C5. iitdl.lding' lost piofi~ jnclirred by : Client 'p~lrsuant to' th_~~ Agrc~eQt oX: by the .traJ~~<lc~io!l_s, _co:n,~enJp~ated ~r it, 'lowevcr ca~~e4,.: on any theory of liability (inCluding: _<:,onfract, tort,' or warranty), or 3$ a res~tlt of Paychex' exercise of its_dghtJi und,er the Agreement, even jf Paychex h~-been, advised 'of the possibility of sueh damages. 17; Indcmnmcation~ Client will indemnifYI d,er!.md, und 1;l0Id.Payche,x ;md_ it~ 1"e.',lp~ctive t?fficcrs; directqn, 3'nQ e:mployees, harmtes,s from :lny lind ·all claims, COS!:$" -attorneys' fees (including in~house counsel fees), "rid expenses resulting from or arising. in, cQni1~ction: with: (i) a ,Cliem default; (ii) the 1.lSe, misw>¢-, feprQduc~jon, modifk.·uion; or,u,nat\thoriz~d distribJition 6LSoftwarCi (iii) CJient's br~ch' Qf NACHA; or (iv) Client's_breaah,of any wammty set, fQ'nh-i~ the Agreement, lS. Cppy!lght._ Paychex owns :;\1I :right'!, title, and ipterest, ,including; but not li111iied to, ,copyright, p,,{ent-. tr:lde secret, ani:! ';1,l! qther J,nreUectua! propetry rights~ in the SoftwQre -;Jnd any ch<lnges, f"!1qdi£ici1.ti6n~ or corrections to the, Sofnvarl,? If Client is ~ver_ held or' deemed to 'be the owner of any copyrigl.~t 'rights in the Software or imy ch'mges, modifications. or corl'(!ctio:ns to' the Softw:lre, Client hereby irrevocably a~signs to Paychex _all such rights, ,tide, 'and i,":teresr. Client agrees to e'xeo.ae' all docu)Tl!!nts necessary to imp.ll;"!rnent and, confirm the.lettl;"!r and intent of ihis s'ection. Client waq'MtS' to Paychex. thai:'i~ (i) has tide or is iluthori7..ed, to use any symbol) logo. or mark uploaded by Client or Client's agents or primed on Client's handbook~ and checks (collectively "Client lvialerl~r), and (ii) hilS fun right and aUlhority 'to usc Cliellt-},·ta,u;rial, ,md sllch use does not viol<\tt tlny other f)3l"tY's rights. 19. Confidentiality of Software; Client acknowledges' t'~at ,the Software cont;l.ins valua.bie trade secrets and confid.ential inform.\tioil o\\'ned by Payt:hex or third parties {~oJlectjvC!y "Confidential Infonulltion '}. Client' agrees th<lt.Cli,en.t, itS emplqyees. and its agems wijJ nQt; -directly o:r indirectly; (i) sell. 1~;lSe. assign, sliblicense, .. or otherwise tr;1nsfer~ (Ii) dup.licatc, reproduce. or copy; (iii) dis<.:iose, divulge, or othcnvi.se make :tvllilable to aily ,third party; (jv) use, (,.xc_ept as authorized by t~is Agre~memi or (v) decompile, disassemble, or otherwise :mlllyze for reverse engineering 'purposes tbe Softwani: or Confidentiul Information. Clit':_.h wiU r.ak,e:ilppropriatc_ilct,ion with Client'S employees 3IJQ atent::; ~o-sa_tisfy its obligati(:ms -under this -Agretmen~ with respect, to, the use" protection. md security of Confidential Information. Client will notify Payche;x immediately of any unauthorized 'use 'or disclosure of Confide~~jal Information and will cooperate in remedying' such unauthorizeu use or disclosure. .zo, Clieilt Co~fid~ntial 'I~formation: "Clieor Confidential Information" wilt mean rile ,nam-e, social .security nqrnber, 'dare of birth, ;lddn;:ss. bank, and/or :wage information of Client -find Clieni's eriiployces provided fa P-aychex_ ~y CHent. l)aychex w!.!! u~e n,asonab,le ¢ar~ _to pre~ent the, disClosure of such Client Confidennal Information ro any unauthorized person 01· entity, P-aychex ll"lll.y disclose Client Confidentiallrifotmj\rion to its cmplo)'ees; affiliates .... subsidiaries, agents, and comr-.lctors: to: (i) p~lfo:rm C?r offer Serviceg (ii) offer 'additional productS ,Or services: (Hi) perform analysIs to determine Client's q~aJjfi~atioi:l to receh'~ furu_re_ services; a:nd (IV) ~ollect Amouri-lS '_pue: and may disclose_ Clicnfs payment experieIl,ees-with ,Paychex to credit; rc:poni,ng agencies and supp!)' vendor referenc!:'s of -Client's behalf. Paychex may also disclose: Client Confidential Informa'tion '(i) to its iittorneys, aCCOllnnu'HS, and auditors; and (i~ pursuant to federal. st;lte) or loc~l law, regula~ion. cOurt ol'dj!r, legal process, or governmental investig-.l.tion, The-obligations_set fortll in this section will not apply to :tny_ Cliem,Conf.idemial'Jl1fQrrl1ation that: (i) Client has agreed l.S free-of any nondisc;losure obl.isations; (ii) at the dine of dis<:lo:sure Wa$ free of ;my nondis-dosul:1! obligation.~> (iii) is independently developed. by Paye-hex or ,that hyche-x la'wfully retCh,cd, free of ;iny non.4isdo$u,re 9b1igatjons, [ral,n l;\, third p;my h.,ving the right to furnish such Cltem Confidential Information; or (L\') is or becorne~ a'<-ait;ble to the public without any breach of this Agreement b( unauthorizcddisclosure,. 2'1, Co:vecning L1.\y a,.nd Arbitration. The Agreement and all aspect$" of the relationship between Paychex and Client,snidl be governed exclusively by' ~he' la,~_ of tn,c'St-.ne of New York without regard to, or application of, i[s conflict Qf laws-j,rules, and priflcip.!,e$, eXC,ept for t~e arbitr;ti:ion agreemen,! l;ontained herein which shall he governed exclusively by-the Fedetal,Arbitr.ition Act) 9 U;S.c. section 1 <::Heq. -'the "FAA t Except as pr~vide4 herein. any di5put~:,aJ;"ising out of, or in connection with the Agr,eem¢n( will be, determined only by bindiilg arbitration in Rochester,.New. Yoi:k, in accordance :with ,lh4' comlU(:rcia,1 rules 'of w<: Aril,~riqw"Arbi~ratiQn Association. Arbitrab!!t disp_utes indudc) withQut Umit~~i9n .. disputes about the formation. interpretation, applic-.lbility> 0,1", enftirceahili.ty of this t\~ement; A 'scpante, neutral arbitr;;tor mus~, ~ selected ~nd appoi:o.'red for \!acq dispute. Any, dispuw a.rising under the Agreemcn~ will_ be brought within two (2), yeats of when the claim ,accrued. The ,arbitr;uor will not he authorized to awan1 exem·plary 'or punitive damages', or any da'ffiilges' exch,ld~d-in the Limit of Liability provision. The p;uties will not be pt!rmit,ted (0 bring. or pan:icipate in. ,and the urbitrator .wi!! not have-any authority or jurisdiction to hear or decide. any claims brough~ as an)' type' of purported eTas. ... aC,tion. coordinated acd-on, agg'regat~d actiop"or similar aqion Ot proceeding. each party must only brillg claims against C<lch P~&e 5 of I> Re.v.S/lO oti1,er in their j'ndi\'idual capacity. The parties agree di.~~ ~he prevaiHng party in ::l,rbitt.ui,oll. and any subsequent jll~Iicial prO¢ecdi'flg to enforce an arbitr<ltron ;lwa'rd, will be awarded cosrs and attorneys' fees (including iri,bousj! couosel fees) and 't.l1'~t· an llrbittat.ion award. xri .. y be' ~mer~ 'as a j~lq.gmel~t in any coun .ha:ving jurisdic!i9fl over c~ther plltty 'tp th<: Agre~m,ent. Paychcx m:w~ in its sokdlscredon, I;:ommence an ;'lction in any co'un of competent jurisdicti-on within the COUnty of Monroe, State of New York, for any. m<?nies du~ and owing 'from Client to Paychex. Client waii.'cs·any ,h1risdict\onal defenses 'Jnd submits to,the exd~lsive jl-1risdictton of ~he Nt!w York COtins. 22 .. Assigl'lability. Neither·party may assign the Agreement to any .third panies. other th:m SUCCe!iSOfS j without the prior written consent of the other party. Any :tSsigninent, '(}lade without such cori~ent'wil! be null and void. 23.:Fax Slg.t)atl,tre. Tbe parties :a~ee that 'Client's signil.rurc on this Agn;ement may be trnnsmitted to J>ilychcx by fil.'c;:;imile; and the panies fl,l,ither :olgree tk~t,Such bx c'opy{ics) ';"'ill h(lve ilw same forte ~d effect as if the original signature had, been provided. and received. 24. Miscellaneous. The, Agreement, along with anr exhibits, :uldendu'ms, Sd:1C9Ulcs>, 'and aniendm'c-ms, 'contains ~he· entire' understanding oboe pmieS and supersedes all pre .. -jous ·understandings :l:lld llgre~ments between the parties for the Servj~e5 p'royided. , .... h~(her orator written. N~itheJ"" parly "o/ill ~c l"~spof.lsibJe f.or ;my delay ,or (<lilure to, perform obliga~ions spe.ciJied in the A:greeroent.due,to c."tUS,es .beyo.nd the,pany'", 'reasonable controL ·Cllent (lcknowledgcs that there, have· been no reph::sentaiicin-s or w~ranties made by Pa.yche-x' 6~ Clkm' ibat art, not. ~t forth. 'in the, Asrt::t::mem" ~~\)Ichex may, modify any term of the l\greement· upon thirty (30) days wrineo 'n'otice' to Client, oJ such cl-iange'itild:tlle:'effective ,date there.of. Client wiH be ,deeIl1e4 to"h"vc a~cep~ed and i,lgreed to s~lch cl1.anges ,unless: Client ~lects t?:,rerminatc th~ t\greemem, by written noti~ to Paycht'x prior to the dfec'tive date of the, ch<1Jlge and pursl-ian( t'O 'the Termination pr6 ... ~:sions.' If any provision 'of the Agrednent or ~t,lY portion' thereoX iS,held t9 be. invil1id, ,iJ,legal, Qr unenforp:.J.,ble,-the' validity, legality, or enforceability 'of (he 'remainder of the Agreement wilL not in ;lOy W"Ay be· affected or iJ:np!lired. Sections 3·2+ y..--iH survive the termio,uion (if the Agreement. Rev. 5/10 Addendum MMS Branch/Client Number ____ / ___ _ Company Name: City of South Miami City State ______ Zip __ _ FederallD Number _________ _ 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. Client'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 for the costs of collection of Amounts Due, including, but not limited to, attorneys' fees (including in-house counsel), and court and arbitration 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 Agreement, or a portion thereof, if: (i) Client becomes subject to receivership, bankruptcy, or is insolvent; (ii) Paychex, in 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 judicial decision 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 accrued 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 assessed 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: Page 6 of6 Rev. 5/10 "21. Governing Law and Arbitration. The Agreement and all aspects of the relationship between 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, will 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. Client Authorized Officer's Name ......,""""""''''''''''''''' ______ _ PLEASE PRINT Client Authorized Officer's Signature __________ _ Paychex Authorized Officer's Name "'...,..."i567<R'""------- PlEASE PRINT Paychex Authorized Officer's Signature Page (i of 6 Title Date __________ _ Title Date __________ _ Rev. 5/10 Saving time & money is just the beginning ... January 20, 2012 City of South Miami Hector Mirabile,Ph.D ICily Manager Alfredo Riverol,CPA,Cr .FAI 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 atthe lowest cost. We have over J 5 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. ro President I C.E.O 4945 S.W. 74th Court Miami, FL 33155 T (305) 661-3462 Ext 2002 F (305) 661-9709 amarrero@fidelityguickpay.com 4945 S.W. 74th Court· Miami, FL 33155 305-661-3462 Phone' 305-661-9709 Fax· 800-450-0072 Toll Free Detail of Cost: FREE Client Setup 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 FREE Year to Date Conversion FREE Web Login Setup January 20,2012 Cost per Transaction: $1.50 (Check andlor 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 (40IK) 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 January 20, 2012 Saving time & money is jurt the beginning ... References 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 certified! 4945 S.W. 74th Court· Miami, FL 33155 305-661-3462 Phone' 305-661-9709 Fax· 800-450-0072 Toll Free January 20, 2012 Saving timf) & 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 670AM and WRHC Cadena Azul 1550AM "I've been using Fidelity Quickpay's services since 2004. In 2009 I 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 8ar-8-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 Client Service Acknowledgement » We provide a tax penalty fTee guarantee for all payroll taxes processed through Fidelity Quickpay. We will be responsible for any penalty resulting from the en'or 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 $ J 0 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. Ifthe 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 Co.urt • 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. PAYCHEX· Proposal ~/ SELECTED SERViCES i PAYROLL ADMINISTRATION The PrevieW'" 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 muHiple 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 o EXPENSE MANAGER State-of-the-art tools provide powerful viSibility, oversight, and control over discretionary employee spending while reducing employee time and frustration 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 • Dlrect-deposn reimbursements • Centralized policy management • General ledger integration • Foreign-currency calculations • Robust reporting and analytical tools o 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 workfows • Time-off management calendar • Employee messaging • MuHiple custom pay policies • Automated report generation and delivery • Real-time status reporting Paychex One-Source Solutions PAYCHEJf One Partner, One Solution. Proposal SELECTED SERViCES i!d TAXPAY SERVICE Paychex makes accurate tax calculations and timely deposits and filings based directly on client-submitted payroll totals. i!d SUI SUPPORT paychex supplies expert assistance in managing state unemployment insurance costs. i!d NEW-HIRE REPORTING Paychex automatically reports all new hires added to payroll, reducing time spent and exposure to pena~ies for non-compliance. tl'SENEFiT ACCRUAL Multiple benefit plans accrue and adjust automatically. i!d DIRECT DEPOSIT Flexible electronic pay options allow for unlimited direct deposits per employee by fiat rate or percentage. i!d CHECK iNSERTiON Checks are delivered in envelopes, sealed or unsealed. i!d CHECK SiGNiNG Checks are delivered pre-signed for greater productMty on payday. i!d READYCHEX/RECONCiUATION This service provides automatic check reconciliation. i!d GARNISHMENT PAYMENT SERVICE Paychex automatically remits payments to the proper agencies when due, and makes electronic transfer of funds where accepted and required. i!d FORMS W-2 OR 1099 Timely and accurate filing of employee forms W-2 and 1099. J ONLINE W-2 SERVICE Access to electronic form W-2 history for viewing and reprints. Paychex One-Source Solutions PAYCHEX" One Partner, One Solution. Proposal SELECTED SERVICES t!!l' 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 inaccuraoies of managing data in multiple places throughout the organization. Cuatom workflows and screen displays add convenience while reducing administrative labor coats. 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 onboardlng • 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 • Time-off calendar and administration • Total compensation summaries • Comprehensive reporting • Check stub history • Training curriculum • Performance management • Corrective action logs • Ucense and certification tracking • Dynamic forms • Asset traCking • OSHA tracking • Equal opportunity analysis • Salary/rete history • Aud~trails o BENEFITS ADMINISTRATION ONUNE This module provides a powerful and flexible tool for streamlining benefrts administration w~h complate administrator oversight and control. Plan eligibil~ 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 accurete current and historical transaction data • Powerful reporting and communication tools • Carrier billing aud~ tools Paychex One-Source Solutions PAYCHEX One Partner. One Solution. Proposal PRICiNG City of South Miami Alfredo Riverol Gemma Boza 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: IPER PAY PERIOD CHARGES Minimum Standard Payroll Bundle $ Includes: Payroll processing per check 1 to 50 51 to 75 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 Garnishment Payments Payroll Delivery Human Resources Online (all employees) $ Per pay period total IANNUAL CHARGES Minimum QuarterNear End Report Delivery W-2 Delivery Forms W-2 or 1099 $ Annual total lONE-TIME CHARGES Minimum Implementation Implementation, Customization & Training One-time total Annualized charge Base 132.43 12.00 Base 55.00 Base Units 50 25 95 0 0 1 170 Units 4 1 170 Units $ $ $ $ $ $ $ $ $ $ Rate/Unit 3.00 2.53 2.27 3.50 2.25 8.75 0.95 Rate/Unit 11.75 11.75 5.50 Rate/Unit Proposal date Valid until Pay frequency Employees Omar Rodriguez 1/30/2012 213/2012 26 170 Major Market Sales orodriguez@paychex,com 954-443-0442 x21071 Total Discount $ 561.33 30% $ 30% $ 30% $ 8.75 $ 173.50 30% $ 743.58 Total Discount $ 47.00 $ 11.75 $ 990.00 $ 1,048.75 Total Discount $ 2,500.00 $ 2,500.00 $ 20,381.83 Net total I $ 392.93 $ $ $ 8.75 $ 121.45 $ 523.13 Nettotall $ 47.00 $ 11.75 $ 990.00 $ 1,048.75 Nettotall $ 2,500.00 $ 2,500.00 $ 14,650.16 PAYCHEK WORKFORCE MANAGEMENT PROPOSAL WiliWaid Workforce Management Consultant P: (954) 518-6109 F: (954) 518-6022 E: will_waid@adp.com © 2010 ADP, Inc. All Rights Reserved January 23, 2012 1/23/12 Table of Contents Executive Overview ............ , ......................................................................................... 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. Pricing Summary ........................................................................................................ 13 ~ WorkforceNow Monday, JanuarY 23,2012 Alfred. RiverQI, CFO Cit.y. of South Mia. mi (,)13PSunl>et Drive south Miami, FL33143 Dear Alfrecj: We are pleasE'}d to pre!;el1t the CitY of S()llth .. Miami wit~apfoposal for .ADP WOr!<fon:eNow,ADP's integrated solution designed t() meetth~ needs of your.organization and help you focus on What matters .:.. yourbul>iness, your employees, and yourbottorn line . . ·ADp ·ljnderstandsyOur businesl> needs and has. applied. that understanding to develop an integrated solutiontosupportyouboth now and into. the future. ADPWorkf()rceNowis the fleXible and. cQmprehensiye solutioo that Will give yourc0l)1panylhe poweftoQOl)1pete., 'V\lith CQmPanies of any. size. We appreciateyourconsidera.tionotADP. Upon review of Qur proposal, we . are confident that you will agree that .only ADP can· provide the tailored approach and CUstorner-foclJsedcornrnitmerit critical tbdeliveririga new • levelof value to the City of South Miami.. SincerelY, WiIIWaid \/Vorkforce Management CO[1Sultant Automatic Data Processing ~ WorkforceNow ',Strategic ~oals and ~naIMsisEindi'ng~ '" ,: ,"'" ", ,,' " ':;;, , r ~ C .' l ' , ,,' ¢> "~ ~ v ~;; '" r, ~ "f" l~' 'i ,0 :0 1), 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 m WorkforceNow ADP Workforce Now™ 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: $ Support for the full spectrum of workforce management, from HR & benefits administration to payroll, tax, and time & attendance. • A single, integrated solution that eliminates the financial and technical pain of integrating applications and managing multiple points of accountability. o 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. o 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. ~ WorkforceNow 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. ~;.t~r~ Ne,',: C:1;'C!E I Enter· Hires I and Employee ! Maintenance Employees ~!Ubrn:~ F-'!8~', 1\], Pmcy;:·ss.:'r'g 0> I , / ..... (·(:epi,lRejEict ;")~yTc'l; 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. ~ 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 128-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. ~ 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 Marmer 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 eM" Heidi OX2OO0064 C"fIe;y PIli'ipM 0)(2000062 6yrone Ridlnrd 0)(2000056 Col'I'tie" DaVid OX20000SS "'" T,mothy 0)(2oo00s1 Cecehet~ David 0)(1000057 6~~ Ed-i.'ardJ 0,",,_ 2 16m 2 16.0(} 2 16.00 2 16.00 2 15.00 2 15.00 0 '.00 y~ 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. o Fits your needs -Automatically applies rounding and overtime rules based on your company's payroll policies. o Fast and accurate -Instantly calculates hourly totals and paid time off. o Web-based -Makes information available to employees and managers through a web browser. o 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. o 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. o 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. o ADP protects access to your sensitive data and automatically updates your solution when new versions become available. m 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. ~ WorkforceNow ""~~n~,:?_{;'\I"Z~'"~ih:1:~<~l,;t,,L;;i'~'"i'J~7'~ ~"»"' -~" ~ , :Jrlij~l~rilEmt~~i~n ~"" • "." . .. "" ii';:JI." "":{ ,t \" '2 "';.,,,;, .. _\" \,J<,,, J, ," ( "\ '" C j ~ 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 ~ WorkforceNow 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. 2: Use ADP's online service center 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. ~ WorkforceNow See attached pricing ~ WorkforceNow CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Executive Alfredo Riverol ariverol@cityofsouthmiami.net (305) 663-6343 Number of Employees for Payroll Processing: 150 Processing Fees -Bi-Weekly Workforce Now'" Expanded Payroll Workforce Now Expanded Payroll Payroll Processing'" Total Tax PIU5-PX New Hire Reporting- WGPS PX Content Management Benefit Accruals PX Check Signing PX Check Stuffing PX CheckView PX Custom Report Writer Delivery -Payroll PX Delivery prices vary by courier and delivery location Units 150 Electronic Pay Statements PX General Ledger Interface lReports on Demand PX Payroll Preview PX Labor Distribution PX Today's Date: 1/22/2012 Master Order ID: Nt A Order ID: 671859 Order Type: New Client ADP Sales Associate Will Waid will_waid@adp.com (954) 518-6109 Payroll & HR Employee & Manager Self Service PR Connect PX 24 Hour SelVice PX Benefit Accrual Management Report Packaged MR Packaged MR 1 150 Totals $565.011. Workforce NowtM ~~~~~~~~~~~~ One Time Fees Implementation Fees Year-End Fees Per Pay Year End W2's PX 1 and hjgher $6,25 Each $2,800.00 Min ~~~~~~~ Summary Per Check Fees Total Annual Fees (Total of all annual fees) Invoice Detail Workforce Now'" Expanded Payroll Delivery -Payroll PX Base $160,00 • Unit Fee 1 and higher $2.70 Each· 1 and higher $16.00 Ea ch Units . 150 --...-. $3.B7 $15,106.00 Page 10f2 CITY OF SOUTH MIAMI Invoice Detail Delivery prices vary by courier and delivery location Workforce Now'" TotalPay COntact Type Executive Client Security Master COntact Alfredo Riverol Alfredo Riverol Client agrees to direct debit of fees for service: Yes Base Today's Date: Order ID: Unit Fee Phone (305) 663-6343 (305) 663-6343 1/22/2012 671859 Units THE ADP SERVICES LISTED ON 71ilS SAlES ORDER ARE PROVlDED ATTHE PRICES SET FORTH ON THE ABOVE PAGES ANO IN ACCORDANCE Wf!H ADP'S STANDARD TERMSANO CGNOmONS OFSERVlCE ATTACHED TO 7HIS SAlES ORDER, BY SIGNING BELOW YOU ARE ACKNOWLEDGING RECEIPT OF AND AGREEMENT TO SUCH TERMSA!lO CGNOmONS AND TO THE LISTED PRICES. Client Signature: ______________ _ Date Sales Associate: ____________ _ Date Page 2 of 2 -.----Paylocity Quote for Service Prepared Exclusively for: CITY OF SOUTH MIAMI 6130 SUNSET DRIVE. SOUTH MIAMI, FL 33143 305.663.6343 Quote Presented By: Customer Information # of Employees # of Annual Processings # Direct Deposits # Paylocity Checks I OBC # of States/Local-Tax Filing # Time Keeping Employees Notes # of Benefit Enrollment Participants One~Tlme Implementation Fees Payroll Implementation Advanced Human Resources Self Service Implementation Time Import Executime (estimated) Time & Labor Implementatiori General Ledger Expert Time Off Accrual Retirement File Transfer Implementation Total Per Payroll Fees Payroll Bundle -BW I SM COLETTE COOK This quote is valid for 30 days. $ $ $ $ Base 250.00 1,500.00 200.00 3S0.00 Base SO.OO Payroll Processing Check Signing and Seallng Paylocity Checks Direct Deposit Cost Per $ 6.37 Declined Cost Per $ 2.00 Tax Filing (Fed Plus 1st state) New Hire Reporting Comprehensive Training (Unlimited) Report Writer (Ad Hoc Reporting) Comprehensive Report Library Time Off Accruals Remote Print Back Online Quarterly Reports Online W2 Access Flat Fee (Custom reports may incur a oneMtime implementatron fee) Paylocity Bank Checks Additional Tax Filing (First State Included Above) 3.00 Per State I Local QTY QTY 170 (Base fee includes federal and 1st state, all additional states Of localities are additional fee as noted above) Online Check View Included Combination of Garnishment Checks & Electronic Agency Transactions 401(k) 1403(b) File Transfer Fee 10.00 General Ledger Expert Positive Pay File Transfer Fee Split Pack (Per Additional Location) Total Per Payroll Fees Delivery Total Per Payroll Fees Including Delivery lS.00 10.00 5.00 lS.00 Overnight (est. cost) Corporate Offices: 3850 N Wilke Rd. Arlington Heights, IL 60004 866-304-3800 FAX: 847-463-3210 www.paylocity.com o I 1/31/2012 eQuote 2011.09.a 954.383.8378 170 26 170 Bi-Weekly $1,082.90 $250.00 Included $500.00 Declined $l,SOO.OO $200.00 $3S0.00 $3,882.90 $390.00 Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included $1.S0 $10.00 $15.00 Declined $0.00 $416.50 . $15.00 $431.50 --"-Paylocity Quote for Service Prepared Exclusively for: Quote Presented By: Monthly HR & Payroll Fees Paylocity Self Service Advanced HR Bundle CITY OF SOUTH MIAMI 6130 SUNSET DRIVE_ SOUTH MIAMI, FL 33143 COLETIECOOK PerEE Included 3_00 25_00 305_663_6343 170 170 I $ 1/31/2012 eQuote 2011.09.a 954_383_8378 Included 510-00 Inc!u: App. Tracking, Co Property, COBRA, FMLA, Notifications, Benefits Deductions, PTO Req., Skills/Events, OSHA, Employment History eh Unemployment Cost Mgmt 25_00 0_50 Declined HR Answer Link Declined Declined Total Monthly Payroll Fees Monthly Time & Labor Fees ~ Cost Per Min Time & Attendance (Per Employee) 35_00 (Includes: Timekeeping Self Service, Manager Self Service & Online Leave Management) Job Cost Module (Per Employee) 0_60 Total Monthly Time & Labor Fees Payroll Quarterly Fees Quarter Tax Report Delivery Total Year~End/Annual Fees Year-End W2/1099's W2's Available on the Internet SSN Validation Total Base PerEE Delivery over the internet, at no charge. Base PerEE 45_00 4_75 25_00 0_50 Corporate Offices: 3850 N Wilke Rd_ Arlington Heights, IL 60004 866-304-3800 FAX: 847-463-3210 www_paylocity.com Declined $ 510_00 QTY 0 Declined 0 Declined $0.00 $0.00 QTY 170 $852_50 No Charge 170 $110_00 $962.50 Paylocity Quote for Service Prepared Exclusively for: CITY OF SOUTH MIAMI 6130 SUNSET DRIVE. SOUTH MIAMI, FL 33143 305.663.6343 Quote Presented By: COLETTE COOK Investment Summary for: CITY OF SOUTH MIAMI One Time Charges Implementation, Payroll Solutions Implementation, Human Resource Solutions Implementation, Time & Labor Solutiions Implementation, Optional Services Total One-Time Charges Recurring Charges (Annualized) Payroll + HR-Each Processing (Excluding Delivery) Monthly Time & Labor Fees Monthly HR & Payroll Fees Payroll Quarterly Total Recurring Charges Year-End Charges Estimated Year-End Charges 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. I Paylocity Associate Date Client Authorization Client Name (Print) Company Name I 1/31/2012 eQuote 2011.09.a 954.383.8378 $1,OB3 $750 Declined $2,050 $3,BB3 $10,B29 o $6,120 $0 $16,949 $963 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.paylocitycom MIAMI DAILY BUSINESS REVIEW PubHslled Oall-/ ""CIlpt Sau.,day, Sunday and LegalHOf\ClZyS Miami, Miaml.oade COUfW/. Florida STATEOFFLOR!DA COUNTY OF MIAMI·DADE: Belore the undersigned authority pefflooally appeared MARIA MESA, who co oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily BUSiness Review lfkla Miami Revie'N, a dally (except Saturday, Sunday and Legal HOlidays) newspaper, published at Miami io Miami·Dade County, F!orida; that the attached copy oj advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING· FEBRUARY 21, 2012 in the XXXX COurt, was published in saki newspaper in the issues of 02110/2012 Affiant further says that the said Miami Deity Business Review is a newspaper published at Miami [n said Miami-Dade County, Florida and that the said newspaper has heretofOre been continuously published in said Miami-Dade COunty, Florida, each day (except Saturday, SUnday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, F:ofida, lor a period of OI1e year neK!: preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor pr<lmiSed any person, firm or corporation any discount, rebate, 'ion or refund for the purpose of securing· ~ertisement fo ubllcatiO!1 in the said news~p~''''k=-''':--7-_~ ~dbefOremethis > A.D. 2012 ~/AY~~ /' (SEAl) MARIA MESA perSOl1al1y known to me I ~""'. • %. ' I ';¥, , ~.(}",e Notal)' Public S!3\e of f'>:)rida '\ Chsr'i1 H. N.arme' MyCOmmlSSiooOO7l}34!l!i I ~ires~2_~ ___ J FEBRUARY :.=.: .... =2.0,1:=2 ............... ,S:.:::E ................................................................................................................................. : ............................................................ ' ............................ . NEIGHBORS CAL • CALENDAR, FROM 12SE Second Ave., Little Haiti. 305-762-3883. www.seasons.org. a.m: Feb. 15; 10 a.m. Feb. 16; 10 a.m. CLUBS Feb. 170 Seasons Hospice.& Palliative Care of S,outh Florida, 5200 NE Bingo for Charity at Eiks lodge .CiTY I'll' SI'lUTH MIAMi CI'lIJInESY Nl'lliCE . i #1835: Play bingo to penefit Arial Children's Hospita! near northern Florida arid veterans' organizatiol particularly homesless veterans. 7 pm Feb. 15. Elks Lodge 1835. 12495 NE Second Ave" North Mial NonCE IS HEREBY given that the City Commission of the City of South Miami, Floric will .conduct Public Hearings at iis regular City Commission meeting scheduled fl Tuesdav, Fehruary 21, 2012, beginning at 7:30 p.m., in the City .commission Chamber 6130 Sunset Drive, to conSider the following items: ; A Resolution authorizing the CiJy Manager to execute a multi-year contract with Public SafeJy . Corporation (PSG) for the non-exclusive license to use CryWolf a software application designed to assist in false alarms with no capital investment required,. . ( A ResolUtion authorizi~g the CitY Manage. r to enter into an agreement with Paychex, Inc to) provide payroll services integrated software solution, . A Resolution authorizing the CiJy 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 Servic~s Account, #001-191 0-521-3450. A Resolution authorizing the CiJy Manager to enter into a five-year Performance Based Audit Contract with Advaion to perform performance based audits of CiJy departments pursuant to Section 4 (F) of the CiJy Charter. A Resolution relating to the review and approval of a UniJy of Title request by Larkin Hospital, pursuant to Section 20-5.16 of the Land Development Code, to permit the licensure and operation of a nurses training faciliJy located at 6140 SW 70 Street, that is incidental and subordinate to .the main hospital operations. A 'Resolution of the Mayor and CiJy Commission, relating to a request for a variance from Section 20-3.5(E) of the Land Development Co'de, 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 )amily residence within the CiJy's CommuniJy Redevelopment Area. A Resolution relating to il requesllo; a variance from Section 20:3.5(E) olthe 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 60th Avenue, South. Miami, Florida, within the RS-4 zoning district, to-permit the construction of a new one-story, LEED (silver) afforeablesingle family residence within the CiJy's CommuniJy 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 offrontage where 60 feetis required, on propertY located at 5928 SW 66th Street, South Miami, Florida, within the RS-4 zohing district; to permit the construction of a new one-story, LEED (silver) affordable single family residence within the CiJy's CommuniJy Redevelopment Area. . A Resolution auth6rizilig the. CiJy 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 j;iJy Hall. . ALL Interested parties are invited to attend and will be heard. For further information, please contact the CiJy Clerk's Office at 305-663-6340. Maria·M. Menendez, CMC CiJy Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a' person decides to appeal any decision rna! by this Boa'rd, Agency or Commission with respect to any matter considered at its meeting or hearing, he or s~e will nf)( a record of the proceedings" and that for such p!J.rpose, aff?cted person may need to ensure that a verbatlm record oHI proGe~dings is made which record includes the testimoriy and evidence upon which the appeal is to be based.