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HomeMy WebLinkAboutADP 40 tet Stan Dab l ProdCoda) Co.Code Auto Pay Sales Order TA%PAYER LEGAL NAME(Use CAPITAL LETTERS. Include spaces ampersands,and hyphens. Do not enter any other punctuation. 35 characters maximum. SOCAlts „Or of Los Altos Hills County Legal Address cm.Stale.av 26379 Fremont Road Los Altos Hills, CA 94022 saner.Contact Email n knee Nick Pegueros (finance director) FDeaueroa(@lOsaltOsnllls.w qov Cindy Higby (Accounting / Ofc Mgr) FNidbv(MbwlWa I sre.eov e ax e city.Stale.nap County Siang Adman(if Moroni 1.9X1 ii Sales Order basad on 30 } Paid emPloyae(a) I I Phone Freq. Processing Conversion Annual Saltines tlnnn Fns Payroll HRIS NurturesaLww rs xSeach 1 Total Fee Per Pry CyclePay% Pay e%pen Premium Package 24 514750 5400.00 $3,50000 HR eXpert Database Vendor PayTotroll Tax(eaiy HR PempeOve Check View 039) Access 97 YMcRYn Yew DownloadNew re Reporting Comments 24 Hour Turnaround EmailAddress checkStuff ing/Signing - Extend p aydGo interface( EPW)d Employee tit Exchange Payroll quickv'en TotalPay (ADP Check Sluing.SRA fing,d Fit Service Direct Deposit) iRe,orts IPayStounmN Report Writer Mwagelnm Report#1(Benefit Accruals) Management Report 712 CD-ROM(no paper) EI92.0] Delivery24 $8.00 BeneiAccruals 20 $6 $50 15600 ($0.O7 per employe/$650 minimum) i2 56250 $ � Hi eXpert ($1.25 per employed $6250 minimum) 24 $20.00 $430.00 GL InfoLink (50.50/ere processing r 420 minimum 24 se.]s 5234.00 Labor Distribution W a .e lin)(50 te&arRt Processing Service ($3.00 per lien) ezLabor Meager 12 $60.75 $200.00 $729.00 ($30 baa.plus 075 pa employee per month) l2 510.00 $1200) Time Sheet Modulb TOnl Per Pay Cyde o $418.bb $6.211.00 Cycle&Periodic Conversion Totals(one Ams fee) n 5600.00 Total Periodic Services Less W-2 Processing c) bCSR-. Total o $6,201.00 AE: ARG q Tax Exempt A. Roll Cell q 56201.00 SIC OMs: Year End InfonnRon Seen $5.40 Per W-2 $75 Minimum Additional JuoMICMn Fee $7 Pe(Additional Jurisdiction of AWilonal Jurisdictions'. AppMdfer9bda $25 Feu5aWkbnlh (it of stales': ) 425 FeN3Ul$balOb(Sof SO states' NO epoeil Check DepositCheck Amount'. DOR: YES New Client11 Parent Co.Cod Spun oil Fmm' OM Nauru DM Code %Pea. XSerlp Region Additions!Business Parent From: Company of qmx'. MLlmnal Contact of BaRevenue 3Mmg'. Sank sans.: Wme Bent Referral p'. None No Snack No✓nyaq �ya •am I. . somata Irate /IBJ .. t..y� , aas naa.r / Aga. 1 41110 WI CLIENT ACCOUNT AGREEMENT AND AUTHORIZATION TO DEBIT/CREDIT CLIENT NAME low W 0C Los A LIDS {f L U_S BRANCH CO.CODE ADDITIONAL APPLICABLE COMPANY CODES CLIENT agrees to one of the debit methods listed below for collection of(1)payroll tax obligations related to ADP's Tax Filing Services,(2) payroll obligations related to ADP's TotalPay,TotalPay Plus,FSDD,ADPCheck, PayCard and/or Instant Pay Services,(3)wage garnishment deduction amounts related to ADP's WGPS Services,(4)business tax deposit obligations related to ADP's Electronic Business Tax Services,and/or(5)the applicable fees for ADP's Services. Such debits will be initiated by ADP,Inc.("ADP")out of CLIENT's applicable account specified below(the"DDA Account")at the financial institution specified below("BANK"). DEBIT METHOD(Check Applicable Box): Note: (ACH method will be used to collect all service fees) ACH or PRE-AUTHORIZED DRAFT BANK is authorized to charge the DDA ACCOUNT in accordance with the ACH provisions on the back of this Agreement.Note:CLIENT electing ACM or PRE- AUTHORIZED DRAFT may be contacted by an ADP representative to make arrangements for a wire transfer of funds for impounds exceeding the established dollar limit for processing by ACM or PRE-AUTHORIZED DRAFT. Such dollar link shall be determined by ADP in its sole discretion. 0 REVERSE WIRE(All Payrolls) ADP will initiate a request for a wire transfer of funds from the DDA ACCOUNT in accordance with the Reverse Wire provisions on the back of this Agreement. 0 REVERSE WIRE(Over ACH Dollar Limit) In the event a single impound exceeds the established threshold for ACH processing, CLIENT agrees that ADP may initiate a request for a wire transfer of funds from the DDA ACCOUNT in accordance with the Reverse Wire instructions on the back of this Agreement. BANK INFORMATION: I� o yrull TaTaxesees for ServlcesN'`fotalPay DFSDD DADPCheck D TotalPay Plus PayCard 0Insttant Pay D WGPSi EBTS ctet BANK Transit/ABA# loll0o03St BANK Account It osa0380 P.00 BANK Name Bna'K of MaltltA BANKContact MAT A Mita& BANK Address Leos A\bS a CP 940.29 BANK Phone o V 5 Payroll Taxes 0 Fees for Services DTotaPay DFSDB D ADPCheek D TotalPay Plus DPayCard Dinstant Pay 0 WGPS DEBTS DONar BANK Transit/ABA# BANK Account# BANK Name BANK Contact BANK Address BANK Phone ----J 0 a slit 17 Other CFees for ServiceETotalPay 0 FSDD D ADPCheck DTotalPay Plus DPayCard D Instant Pay D WGPS BANK Transit/ABA# I BANK Account BANK Name . BANK Contact BANK Address j BANK Phone COMPLETE THIS SECTION ONLY IF FSDD,ADPCHECK,PAYCARD,INSTANT PAY OR TOTALPAY/TOTALPAY PLUS IS INDICATED ABOVE: Esc No.of Employes: FSDD Stan Date: I ADPChcek Stan Dale: PayCard Start Date: Instant Pay Start Date: Bank Disbursement state(11 applicable) In consideration of BANK's compliance with this authorization,CLIENT agrees that BANK's treatment of any charge,and BANK' snghts with respect thereto,shall be the same as if the charge were initiated personally by CLIENT,and that if any charge is dishonored,whether with or without cause,BANK shall be under no liability whatsoever. In addition,CLIENT authorizes ADP to credit the ODA ACCOUNT when necessary,at ADP's sole discretion,for any refund or credit amount due CLIENT. In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions of any Price Quotation,Sales Order,National Account Agreement,or ADP Terms and Conditions attached to any proposal given to CLIENT,this Agreement shall control. This authorization shall remain in effect unless and until revoked in writing by an authorized representative of CLIENT and until BANK and ADP have each recei�veead such notice and :'- had reasona•le time/ CLIENT Signature rod • : t po ch notice. 9/N/(1 Y A i.. l a L.. Date /�� " ,,.s f�,���� CLIENT Representative Name&Title I �ff.N0/t3 M. 1''LWY05 J `rs.rI t.War11 (Must be an aajborized signatory.. yyaae a�ecoun listed above) 6.1.181. r,•_.,•„- ' HPaeitt l)iffM'f' Puzn`vas0'r B-54- V ACH or PRE-AUTHORIZED DRAFT CLIENT understands that funds representing the total of(i)CLIENT's payroll tax obligations for the applicable payroll(if CLIENT receives ADP's Tax Filing Service),(ii)CLIENT'S wage payment obligations for the applicable payroll(if CLIENT receives ADP's TotalPay, TotalPay Plus,FSDD, ADPCheck,PayCard and/or Instant Pay Services),(iii)CLIENT's wage garnishment deduction obligations with respect to CLIENT's employees for the applicable payroll(if CLIENT receives ADP's WGPS Services),(iv)CLIENT's electronic business tax deposit obligations(if CLIENT receives ADP's Electronic Business Tax Services)and(v)ADP's fees for such Services must be on deposit in the applicable DDA Account no later than(a)one banking day prior to the pay date for the applicable payroll(in the case of the Tax Filing Services,WGPS Services,TotalPay Services,TotalPay Plus Services,FSDD Services, ADPCheck Services,PayCard Services and/or Instant Pay Services),(b)one banking day prior to the due date of the applicable electronic business tax deposits(in the case of the Electronic Business Tax Services)or(c)the date specified in the"Advice of Debit"or"Advice of Charge"periodically delivered to CLIENT after such services are rendered(in the case of ADP's Services Fees). ADP will initiate a transfer of such funds out of such DDA Account on such date. REVERSE WIRE CLIENT understands that funds representing the total of(i)CLIENT's payroll tax obligations for the applicable payroll(if CLIENT receives ADP's Tax Filing Service),(ii)CLIENT's wage payment obligations for the applicable payroll(if CLIENT receives ADP's TotalPay, TotalPay Plus,FSDD,ADPCheck,PayCard and/or Instant Pay Services,(iii)CLIENT's wage garnishment deduction obligations with respect to CLIENT's employees for the applicable payroll(if CLIENT receives ADP's WGPS Services),and(iv)CLIENT's electronic business tax deposit obligations(if CLIENT receives ADP's Electronic Business Tax Services)must be on deposit in the applicable DDA Account no later than(a)one banking day prior to the pay date for the applicable payroll(in the case of the Tax Filing Services),(b)two banking days prior to the pay date for the applicable payroll(in the case of WGPS Services,TotalPay Services,TotalPay Plus Services, FSDD Services,ADPCheck Services, PayCard Services and/or Instant Pay Services)or(c)two banking days prior to the due date of the applicable electronic business tax deposits(in the case of the Electronic Business Tax Services).ADP will cause such funds to be wire transferred from the DDA Account to one of the following accounts(unless and until changed by notice from ADP): Bankers Trust,ABA No.021001033,Account No.00153170 or Account No.00416217,or 1P Morgan Chase Bank,ABA No.021000021,Account No.910-2- 628675 or Account No.323269036,on such specified deposit date. In consideration for the additional costs incurred by ADP in providing wire transfer service,CLIENT agrees to pay a reasonable fee (currently$10.00)for each wire transfer. DIRECT WIRE FOR EXCEPTION PROCESSING (Under certain conditions,CLIENT may be required to wire transfer funds to ADP prior to ADP disbursing funds to a third party). CLIENT agrees to wire transfer to ADP funds representing the total of(i)CLIENT's payroll tax obligations for the applicable payroll(if CLIENT receives ADP's Tax Filing Service),(ii)CLIENT's wage payment obligations for the applicable payroll(if CLIENT receives ADP's TotalPay,TotalPay Plus,FSDD,ADPCheck,PayCard and/or Instant Pay Services),(iii)CLIENT's wage garnishment deduction obligations with respect to CLIENT's employees for the applicable payroll(if CLIENT receives ADP's WGPS Services),(iv)CLIENT'S electronic business tax deposit obligations(if CLIENT receives ADP's Electronic Business Tax Services)and(v)ADP's fees for such Services. Such wire transfers must be completed no later than(a)one banking date prior to the pay date for the applicable payroll(in the case of the Tax Filing Services),(b)two banking days prior to the pay date for the applicable payroll(in the case of the WGPS Services,TotalPay Services,TotalPay Pius Services,FSDD Services, ADPCheck Services,PayCard Services and/or Instant Pay Services),(c)two banking days prior to the due date of the applicable electronic business tax deposits(in the case of the Electronic Business Tax Services)or(d)the date specified in the"Advice of Debit"or'Advice of Charge"periodically delivered to CLIENT after such Services are rendered(in the case of ADP's Services Fees).All funds am to be wire transferred by CLIENT as instructed by ADP to one of the accounts located at the banks listed (unless and until changed by notice from ADP):Bankers Trust,ABA No.021001033,Account No.00153170 or Account 00412283,or 1P Morgan Chase Bank,ABA No.021000021,Account No.910-2-628675 or Account No.323375847. In consideration for the additional costs incurred by ADP in providing wire transfer service,CLIENT agrees to pay a reasonable fee (currently$10.00)for each wire transfer. NOTICE CLIENT acknowledges that if sufficient funds are not available by the date required pursuant to the foregoing provisions of this Agreement,(I)CLIENT will immediately become solely responsible for all tax deposits and filings,all employee wages,all wage garnishments,and all related penalties and interest due then and thereafter,(2)any and all ADP Services may,at ADP's option,be immediately terminated,(3)neither BANK nor ADP will have any further obligation to CLIENT or any third party with respect to any such Services and(4)ADP may take such action as it deems appropriate to collect ADP's Services Fees. ave Z/Z- Sub/Mate for IRS Form 8655iso 4 AFIP Reporting Agent Authorization OMB No.1545-1058 (State Limited Power of Attorney & Co/Code B nchFeder m Number Tax Filing Service Tax Information Authorization) h_6 2 (In accordance with Internal Revenue Service Revenue Procedures) q 6 0 a4- I°C I3 4 If you axe a seasonal employer,check here - - ❑ 5 TAXPAYER LEGAL NAME(Use all capital letters.Include spaces,ampersands.and hyphens.Do Dor enter any other punctuation.) Tov[ 14 OF LoS ALT os k! 1 LLS 6 DBA NAME(Ilse all capital letters.Include spaces,ampersands,and hyphens.Do not enter any other punctuation.) 1 aIv379 W. TiEMona RoAb Address(number,0x[and mom or suite no.) LOS ALTOS µ ILLS CA 9L4oa2 City w mo/state and UP code REPORTING AGENT:ADP Tax Services,400 Covina Boulevard,San Dimas,CA 91773, ID#22-300605/,800/235-7212 ADP is Meshy appointed Repaying Agent with the authority to sign and rile employment tax remits and make deposits electronically.on magnetic media,or en paper for the above used uxpayer w fetal,rte.and lead is tit lois.ADP is authorized as a designee of the taxpayer to 11=1ve notices,correspondence,neoaaipy deposit frequency data,or other informal®with respect to employment tax mom's tiled and deposits made by the designee. This authorization shall inelod the appopie¢Stale and IoW forms and the following federal forms,beginning with the tax Period iminbt and remaining in effect tategh subsequent Paled, until Be taxpayer or designee notifies the IRS that this authorized=is terminated or revoked.If the name'is required to fie a roan elecnmvinlly or to submit federal tax deposit data eecn®Wy,ADP is required to Se the ream and submit We deposit data elsmvimuy for the taxpayer.If the taxpayer is not required no file or deposit electronically.ADP may file or make deposits on the wpye's behalf is one of the filing methods:electronic,magnetic media,or paper. Authorization of Reporting Agent to Sign and File Returns 8 Use the entry lines below to indicate the tax ret(s) to be filed by the Reporting Agent. Enter the beginning year for annual tax returns or beginning quarter for quarterly tax returns. See the instruction for how to enter the quarter and year. Once this authority is granted. it is effective until revoked by the taxpayer or Reporting Agent 940 941 / 940-PR 941-PR / 941-SS / 943 Tax Yen On/Yr Tax Year to/Yr Mr/Yr Tax Year 943-PR 944 944-PR 945 Tax Yew Tae Year Tex Year Tax Year Authorization of Reporting Agent to Make Deposits and Payments 9 Use the entry lines below to enter the starting date (the first month and year) for any tax ret(s) for which the Reporting Agent is authorized to make deposits or payments. See the instructions for how to enter the month and year. Onathis authority is grated it is effective until revoked by the taxpayer or Reporting Agent 940 941 943 / 944 / 945 / Mo/Yr Mo/Yr Mot Yr Mei Yr Mo/Yr Disclosure of Information to Reporting Agent lea Check here to authorize the Reporting Agent to receive or request duplicate copies of tax information, notices, and other communications from the BLS related to the authorization grated on Line g and/err Line 9 . . . . . . . . . . IOb Check here if the Reporting Agent also wants to receive copies of notices from the IRS .1 Form W-2 Series or Form 1099 Series Disclosure Authorization II The Reporting Agent is authorized to exchange otherwise confidential taxpayer infatuation with the IRS, including responding to certain IRS notices relating to the Form W-2/1099 sores information returns. This authority is effective for calendar years beaming: W-2 1099 Tax Yew Tax Year Authorization Agreement 12 Signature of Taxpayer or Authorized Representative I=demised that Wit area=dm not reseve me,as the taxpayer,at the I cent that I bare the authority to execute this form and authorize Meade of oche]Mrs. rapae®Oay to tame that an tax rdmu are ted and drat all deposits and confidential mfcmetion on behalf of the taxpayer. ppramb ere made.If Line 8 a completed,the Reporting Agent named above is authorized m sign adme the return WGmed.be*mug with the quarter or year /r/t6NOLAS M. PE(j tteg05 indicescf.rimy staling dans on Ike 9 are completed.the Reporting Agent named above is authorized to make deposits and payments Manama with the period wine(R quina). 1P,MG E V i 0.Ef r01 , indicated.Any mtherivdon granted remains is eft Emil it is revoked by We ' taxpayer a Reporting AgeI m emhcdsm disWx g the IRS otbCOOL-ofi- ' I Fy death]tax ufamdon to the Reneging Agent miming to the authority granted on ,g F u VIA ^Few 1t// Line B sod/orUse 9Qlodmg dsdonre mated b Worm Pam 8655.Disclaim sign tare ambodry is effective qtr sign/Minsign/Minof the taxpayer and IRS receipt of Form 8655. (R°fid) S�' The utility Wand m Poem 8655 will not tevIX¢any Power of Anoroey(Form '/M l �utarerb 2948)et Tax lnfawdon Authorisation(Form 8821)in effect Dale(Required) Pa Privacy M 1 Paperwork Reduction Act notice,see attached. Tot- 1/ UZA 0 TX-6931 RmN.:OI/O5/2Art [e,V Pan I-Tax legal Copy/Taring Audmdty Pant-Client Copy Part 3-Payroll Cecter Copy N v fiENtRE ezLaborManager Sales Order Form - Subscription ezLaborManager. ADP Company Code: Order Date: Order Type: New Client or AB Promo Code: E Non-bundled p Stand-Alone p New Client p AIB CLIENT CONTACT INFORMATION 11 lT Company Name: TOWN OF Los Alms Pill S Contact Name: Nick 1 E4G leDID$ Street Address: ae3l9 W. Fga&0NT IZDA) Contact e-mail Address: "PE9 NP.ybsPloS414s314111%.(0..9oyy Cily,Sate ZIP: UA pLrDS t{1us. CA g4O22 Contact a l 4E"b - 951 ;-1r1 S" County: Swum C.ta&Zp. Contact Fax t: (/PS-D - 941 - SI&0 CLIENT PAYROLL INFORMATION 1.ADP Payroll product(check one):p PCPR*Pay eXpert 0 TotalSource 0 EasyPayNet 0 EasyPay Teledata 0 AutoPay Teledata 2.Pay Frequency: 0 Weekly p Biweekly Semi-Monthly 0 Monthly Date Client Processed 1st Live Payroll: 3.Total Number of Employees in ezLaborManager Database:30 (based on Sam of a.plus b.from below) a.p t of Employees punching at the Timeclock/HandPunch h..(#of Employees entering Timesheets via the web, 3—) PRODUCT ORDER INFORMATION–Effective July 1,2007 ' -. SOFTWARE FEES:Based on Total Number from above Software $n Instructions on page 1 beton completing Pee Section One-Time Monthly Subscription Fees Fees Minimum Setup Fee I $200 S 2 co ezLaborManager Web Internet Services–$30 plus$0.75 xSt employees(from 3 above) $ (DO 7f Timesheet Module $ 10 $ /O r w 7 Benefit Accruals $ 7 $ O Phone Module –Required Sprint Setup Fee $100 $ I Employees on Phone Module: $2 per phone employee per month $ Note:Sprint bills client separately for long distance and local hes along with any additional surcharges Software Totals $ 200,. $ ')D. y.,. i TIMECLOCK 2000 FEES: Tlmeclock 2000 Cannot be combined with HandPunch Readers listed below Timeclock Monthly Fees Monthly Subscription My Description p Direct Wire p Modem p Ethernet Fees ATim 2000–includes 25 badges* $ 54.00 $ Add]TimeClocks $ 49.00 $ 'okect Wre Tnne-lock maces with 100'olable GOOF(must provide own cable for Modern S Ethernet Timedoc Timeclock Totals $ NOTE: A shared rax line requires the telephone line sharing device listed under Accessories on page 2. HANDPUNCH READER FEES: HandPunch Cannot be combined with Timeclocks listed above HandPunch Monthly Fees ,_. Monthly Subscription Ory Description ['Direct Wire p Modem ❑Ethernet HandPuneh LE Reader' $ Tq� >‘..Fees Add'!HandPuneh LE Reader(s) $ 69.00 FULL HandPunch Reader(for gate access) $14q00 Add'!FULL HandPuneh Reader(s) $139.00 -Includes RS422 data converter HandPunch Reader Totals Direct Wire HandPunch Reader comes with 100'of cable Client must provide own cable for Modem&Ethernet HandPunch Readers. NOW- A shared tax line requires the telephone line sharing device listed under Accessories on page 2. Payroll Application/ IDI Interface One-Time Software Monthly -Time Software Monthly ADDITIONAL SOFTWARE FEES Version' Formal Number Fees Subscription Fees Subscriotio 101 Timebank–Pay Data Link for"A"payrolls $250.00 $12/month Additional Import Module(for specific payrolls)- $500.00 S12/month Refer to supported payroll list at blip Unwin/idesign.com/ado Additional Software Totals p/ $ fff/// PAGE I OF 5 V V CLIENT CONTACT INFORMATION Company Name: Contact Name: ACCESSORIES ON Description of Accessories Unit Cost `ne-Time Fees Employee Badges(pkg.of 25)- Order 1.5 x employee count $ 50.00 $ Bar Code Stickers(pkg.of 50)-Order 1.5 x employee count $ 12.50 $ Badge Racks(set of 2) -Holds 50 badges $ 50.00 $ Badge Racks(set of 1) -Holds 25 badges $ 30.00 $ 250 ft.RS232 cable-Needed for direct connect timeclocks or HandPunch Readers 101-250 ft. $ 5000 $ UPS Battery Backup and Relay or Timeclock 2000 mademrethemet and HandPunch only; $ 140.00 $ required for HandPunch gate access) Telephone line sharing device for modem timeclocks. Mows clock to share same phone $195.00 $ number as fax or answering machine. USB Converter(RS232 serial to USB)for Hand Punch LE Direct Reader&Timeclock 2000 $ 48.00 $ Direct Connect HandPunch Enclosure $300.00 HandPunch Heater - $350.00 $ Accessories Totals . $ • SYSTEM REQUIREMENTS Minimum system requirements must be met for all wontrtations utilizing art aborManager for order to be processed. 1.Do you have an intemet connection already established? ❑yes.Please specify: O No. .. (e.g.AOL,MSN,Earthlink,AT&T,Verizon) 2.How do you connect to the Internet? 0 OSL ❑T1 or T3 0 Via Modem 0 Frame Relay 0 Cable ❑ISDN 3. Is your PC web browser Microsoft Internet Explorer' 0 yes.IE v5.5 SP2,6.0.26 0 No,IC v5.5 or lower with language set to US-English. ❑No.Netscape Navigator ❑No.Macintosh/Apple 0 No.Other 4. Is your PC using the Microsoft Windows operating system? ❑Yes.Windows 2000 or higher 0 No 5.Please be aware that ADP Timeclocks and HandPunch Readers: -Are client-installable.Each clock or reader will be installed by the client. -Cannot be mounted outside(except HandPunch readers when the optional enclosure and heater are installed-see Accessories). -A modem timeclock requires the client computer have a Modem and be connected to a phone line,to dial out to timeclock. -ezLaborManager does not work with Macintosh/Apple PCs or the Windows Media Operating System. CLIENT AUTHORIZATION By signing below,I have read and agree to the ADP Terms and Condibons as stated on pages 3.5 of this form.I also understand that I will he billed$25.00 upon initial shipment of timeclocks and accessories(subsequent orders will be charged$9.95 upon shipment). Approved by: Printed Name: Ede: date: fl4 i *F Ntkdlu M. Pi/an/5Tc'nanu Tt iee.har 9/N/o$d ADP SALES REGIO IN ORMATION SA SA&ala Client's CMdad SA Name SA e-Mai Address: Cole: SA Phone t Reglan t- Procassing Region Name: NOTES The AOP imp IS a registered videIY[el ADP e W nh Amok].Inc. enAWaavyer fmyPr anO Autpry are rtoi9up innenwk d ADP.Inc Px other nerice MM1S and I ravenwa ane IM prDeM N Mir 2fMM owners. 04-23O7A57 Printed in USA m 2007.2006.toy,2004.2003 ADP Inc eziaborManager Subscription lone PAGE 2 OF 5 V SBS ezLaborManager°TERMS AND CONDITIONS I. Supe of Agrt<mene shall pay ADP for the products and services added by Client after to date hereof at ADP agrees to provide to Chem,in accordance with these terms and conditions and ADP's then prevailing prices fon such services.ADP stay increase mites at any time any exhibits hereto(collectively,!he'Apeemmt"I,the dais colkction devices listed after he Initial Period upon at lean 30 days prior wnnen notice to Client if such in the Sales Order.imludmg but not limned to any data collection devices such as change is pan ofa general price change by ADP to Is clients for affected items. vneclocka and HandPwdrce, ("the Equipment") and any software contained B.Client shall pay monthly,as invoiced for the use of the TLM Products.l"MwiA therein or application used in eomecuon with the Equipment or accessed by the Fee"). Such Monthly Fee shall include maintenance of Equipment nt Equipment twrgl the Internet or Intranet(Equrymem and software oeapplicanon is lard,and notpaymentialMonwpmet- and relined services, collectively refereed to as the 'TL,M. Products'. Anypurchased,t m Client Client shall its re aninstallationby ADP ndset greement relat ) hod th<fm eh qui f itpmmt i°sWM an asimYs prtmion ai tena Ie ofient Crovitidoe of tM1ia A frog m the Equipment shalt cot be ? Purchases the MSEquipment,te shallpay annually, ti Client does not obtain Equipment from ADP Equipment unlns it executes a waiver as specified in Sectimed,�Dl2. armmax<olty Term5. Meat;Taxes The netball term of this Agreement shall commmu on the dare hereof and shall le There shall be added to all payments hereunder amounts equal to any applicable monrAwmnth basis until ft:maned by ADP m accordance with the taxes levied orbued on this Apement(unless Client provides ADP with ryptPriue proviiionsofSectim 13 or by either parry on et lean DUD'drys pnw written notice. =anthem=tautest,exclusive of tam baud on ADP's net income. B.All invoim shall be paid by Client in full within 30 days of the invoice der. If 3. the of TLM Produce. Clint tails to pay any mount due wider this Aby acmbatim or Ae1 mien thati wig wProducts the TLM cts Mamorure with to Agrmn rn and n lvwise,Client upon demand,shell pry intense a st the rare whether 18% arty odic nYmmWwry qme a livor,licmu tmmnmchedheret Appendices. montperhxmqunt e lin due not Junior coxed Mmwmumfallowed mnt(scam such bl tt y made amalt Client le by ADP r itshansbennot lmu¢d mremClan;Seln Order amountfrom, the due damnmafuntil ay dare°(mpnnn Client payaelilaon madeavailableto CteubyADPdumlivumr its own T n} ADPto-°cry andft! aoonADP cogincur, mo tsincluding interest and reasonable BDClint°waIcordancwi Products only ten its own Mensalvse proper beds to money's fees,in taking action to collect any amounts due ADP hermit omWm iis accordancevie withMupdrtmmt and will not sell,levo,allot socia to inludmgwie Amidethe TLMyProducts emairygrim therto(,to any third parry, 6. Installation. CGubn6to tonlimitation,ots Agreement reeine stand thea Client shallJn Equiimnt.install ebusme day f,wiring evecabling rehired p C.Subject nmaetmor ofNUAgrvumlceneto Additional TTNPoADs grants to or as installation Equipment.Thea busmen day fhaswmnthe ced on whichworking Client<rChan Chem revABMs tolicthe use odRM Products provided or as daaicord ere with determines that the Equipment Mn been placedrasin good working hereunder.. Dint receives no excp the TLMssProducts or any intellmuel older Eiupomtmewid ADP'sdhe standard irhbGlaoopovideenut mre13Aylafla prprry°(ADPhtirelicrosmtpt asexpressly stated herein.ih NIi Ptod°W em Equipment isdeliveredcosievetth Client bits topmt&the tet required irWpties or pe licensed ens rights relating othe TLM Proembctsody is de pro nete r on Fe Imre vmmremell be considered the'"Warranty Cmmen[wm Dye'for purposes m try codas owned property,and are pry cie copyright opy,trade sand of this Agreement i technology,of yri anm ie,tarwell rider protected by wryry and iamonadwW copyright btas well as ether ind covin pon T laws which 7. Auk of Ins;Title to Eanipmmk Maintenance;Etc. -paid things,prohibitthe P Mr the TLMzed P andcopying of any TLM Peccant C.No Inst theft or damage nafter this Am of the Equipment to Client able)rfix any The(sitesisdeClctt°ADP he NeTLM Products irctuvra(herin fee that suihInmmara eordtimuunMMadgresof cast'Client shall be liable fm any Adentditional encunds. m use the TLM Products a set !oral herein w any such loss, not m(rtgudleu of caused D.Eqi icons, B.Cam shall not makeby D.Equipmentedparagraphs and fully paid fm by Client isnot subject to the renrrmre to the Equipment nor shalanylier°removesenor attachenryice theh place eo ADP on use contained in paragraphs 3A,3B and IC above, installation without ADP's Equipment from plveer Climes precautions to prevent the loss of or alteration to clientEquipmentpntmmn nDPal buinestMn tetheragrapha E.ADP will take reasonableright to data ' togrpremises to inspectytoEqui previously normal and uy paidat This B Mina ib in the UM Products, includingty such lossror alteration.Gak-up C.litho thlymEpentempmiin DP EuiWClient nt�ph p°aringl, ali n w unm gevmtte eeset airy rya n re C.Tiretan, Equipment shall remain in ADP The UNby attachment Accordingly,Client will turextentit deems aneury, orimain a procedure shall un. Equipment is,waiversanor consents at all tithes animal to the TLM Products Rr the reconstruction of lost altered data(e g. other separate item ofpeynd property, its ats[M1mmt ro equipmentmanin or real property. Ceient shall toith any nCg Pmmmle tdata input intoau,e)all arylcuu reasonably paragr by ADP t give tt effect the intent of the preceding si Client i Content. "Clientd Comae lent stun (i)all is a human resource and sentence.This Client.paragraph C shallnot eptly to Equipment previously purchased M similar information provided by Client orm its agents or mprgam includingkD CPvd for by tangs transactional end any tarpisormnnukot rade emqurvie by Clint.gm O Clientnaunderstands ADP, or its designee, en to ADP's mens Hardware and designs ram, (iii) other, information or meta hls providede by Cwill Enmesh mu services for the Equipment and whetheri°utumlegn image.cm behal,tatthetato Mifus"nd mtryTLM, ofte forth fothin Sridthat n1soli maintenancetakesleffx thecstohfsuch whether included oxen buteP npn belWfogelis. s partowinspropsmuan ofthe wmamyhnyth in of die Mn. I(ty EgIfCmmtisraz{the Equipment,such aipyybh Client or my of its .agents. The following provisions shall ispn may borb Fa. If Client naavostyE pmme Contentapply with rtrpeuroClknrmalnaana.aeai[< Ir pat i.Client shall be solely responsible for umaintaining g p maintenancemint is optional and wry be obtained at a additional mw and a separate Updating andrmin atdn completeness °mmumatmmance ante applies. AbyClientweu the purchase oto mayn terminate W goftlarynr all mshall indemnify holdaction bAgant AIDS& of endefthi then ADP" gwancnuxgeroADP is not from and against airy and claims and causes of°nim broughtits receipt° by providing including any and all damages,loves,expenses,attorneys fees, s and liab ties required3days pinsthe nd of the cumin annual coveragea period. Ao s m sustained by ADP,n the extent that it is basedovetto rebate to Client a Client maintenance fees relating to a current or prior upon claimorothany Clientrtaytgm coverage period.(NOTE: I(nceselects the infringesftviolates any Paunu,xgynghu,days s>1na.maAu pmpnnaryegMh terminatespuGhu' option but°pan nam as hereunder,DPsde of provided by Clientttird shalparty. be reymsibk for obtainingall requiredADP at Client's ili ern ole be subject to rDPr than current far such display nMghatulicensesto ey serviceswhichpwisl likelyn E<sied in preceding theannual exe<ueM1a ams to all Clienta Content in connection with the ns Products. Clientifhereby maintenancesten, ceimn described the Appendix seA)tma must ecute a genre o ADP a.non-exclusiverpr duce, yyabcl license to use,cop.modidy adapt, waiver of maintenance services sk set lossnth in A pix A) Client shall bear all translate.cermet publish,rsreproduce.copy toprovide back up copies)and displaythe delay /toVpe^ the Client CmmssmnnWly necessary mp°vnde TLM Products or perform the relaady delivery/shipping costs and an ei of cueing rM1ipmmtidelirery or Egnipmnt Services covered under this Apament ng complete unletuipmttshall durngmiral bsiesdours. to ADP ii Client and its employees shall not include or provide io ADP for inclusion in safe and theEhm access teeo from defects eectstmatenal ad workmanship hollows: TLM Reins dry Client Content which is obscene. offensive. lilImaintainns Equipment b fix del cp in specifically and eohmenb l as follows: threatening,malicious,which violater lation or any ce orppire.Ohhf'res designee's e igas'sopien.without excludedbelow)shall be or & air applicable exposesosADn uy abor.prcarrt hat.at ADPpmit;assn contacti aliiary or other third pm mein or whichldehor ins m ADP tcivil Clientbst and providthe that suchuihmm has been option.without accordancecodfor parts y or criminal liability ADP reserves the ngFt to exclude or nnminnlY remove from mep°L YhmWleeWmaiotetae by providednA Additional nalEquipment has been used in nwithany any TLM Productpreviairy teim Content which it determiness in it sole yxe beammtnoo or abuse or am Tema provided by ADP u its designee and has nor violates the previous sentence provided that ADP has no obligation to review or been subject to abate n tmpering. monitor the Client Content Iii)Die foregoing B teand replacements may he made only f by ADP Or is very e e desi and will madeonlyafter ADP or designee isnotifiedot v problem,a Chart's. receives ifrom Clientof the Equipment(whichthisneyaallsiltA SpecificoIpropa for the TLM Products areprovided the Sales Order or other provisions of p B above!az issue and determinesthat t results from Ltirproposal and shall be v at the rates set forth thereon for the first six defective materials or workmanship. Notwithstanding the foregoing.ADP wayQuireaidtrydmmansrtemms orecpMnCienlasmainPnocidlin deliveratmpenryrecto he Item for eiose while such determination is Wecificptma,',dines or Marlines/(he "Initial Petard Client beig made with respect to tOe Equipmet inClient's ueseon g s t y s PAGE 3 Or 5 V V Ilii)Repairs and replacements requiredss result of any of the following shall not ry. 10 N'ar an . he included in the foregoing mainlmance un ices and shall be charged at ADps A ADP represents and warrants to Client that the Equipment shall be free from defects then anent rates: a)Damage. defects or malfunctions resulting from misuse, in mumvl and wminwsup at the Wavy Commencement Date las defined in accident neglect,tampenng,unusual physical or electrical mess,or causes ether Secnon 6)thereof and for 90 days theralb than normal or intended use,b)Failure of the Clint to prim We and maintain a B.EXCEPT AS SPECIFICALLY PROVIDED,THE EQUIPMENT IS PROVIDED wtabk installation environment, d Any Jtetanons made to or any devices not 'ASIS'AND NEITHER ADP NOR ITS LICENSORS MAKE ANY WARRv.TIES prodded by ADP attached to the Equipment.and dl Malfunctions esulting from use OF ANY KIND,EXPRESS OR IMPLIED,INCLUDING.BUT NOT LIMITED TO, of badges or supplies not approved by ADP ANY IMPLIED WARRANTIES OR\IERCHANTABILITY OR FITVESS FOR A E In order to keep the products current ADP may,from ume to time.((alone PARTICULAR PURPOSE. maintenance um rearm tu 6a and other upgrades the TLM Products Client is then g. ADP will perform these upgrades on Client's behalf foe all hosted products. For II. Confidenriallry n mHosted products.Clint will be required to email the upgrade provided by.ADP All Confidential Information disclosed hereunder will remain the exclusive and in accordance with the wnnct notice provided to Client. confidential property of the disclosing pony.The receiving parry will not disclose F.Certain terns in this Agreement apply only if Chem leases Equipment and cenan the Confidential Information of the disclosing perry and will use at last the sane tams apply only if Client purchases Equipment. IfClint initially leasers Equipment degree of an,discretion and diligence in f and subsequently protecting Is meCdennal Confidential Information e u9 Y h purchasesedEquipmentand for such Equipmeny t me tears pmem me disclosingingluny ill et It tinc wilt rtpa to as own rmntto is employees mloiee and applicable by Chpurem shall thereafter apply ato the pmEqei t hiriize party will limit accessith m Confidentialand Information to diem im to keand purchased Clint in lieu o(tM1etmna herein applicable to Equipment information fonsstl confidential. wiAvtxedm know will instruct tAnnm keep much ins n xm B. Renin[elTnni termination Notwithstanding encnpastygaMe Waiving naryeery0disclose theheMACS'S whatsoever.asoevelY lien tmm�naaion or cancellationense, of ththe Agreement.for any reason covered iythisA disclosingeme - con e 1 to the extent necessary to provide w,as accordance clientP' mall, nIn expense, quwnnt TLMll b Products to ADP iner coveredby thisAgreement.discmueprovided notlwmseisbkamm.third parry ib) 0 he g¢acon¢rathADcei�enot Chenens TheEquipmentwear arenmmed mADP ient extent confidenceift compwewuyylwquel.egrathe eixlmng Ykiabllt It. good condition sareceived fry hem normal unhands andds Equipment excepted. In the nen piropvry to mm the Equipment tsmrmm�Climregrtesto purchmeme Yprtvnilirtg (c)as comply with any law,rulS reeutlanm or ruling Wpb[arlemlt manufacturer's suggested retail pace.This Section B shall not apply toanpId)treett g to a spery summary e,r to theea mm suchet,connection with any Equipment litigation,nted to)relating to any affiliate carpof m si renglga this pevioWr WrclvrW vd 6dlrsad ren by Client comauedta illMate.ex)n neyssarofthedisclosingce party msaWeymJ Apoamereand et to are�reninayryte remiinitpattM1wiuWerthis ABtammt 9. Alio Access/Hosting Cgmthe ialuInor disclosingtdisclosing sigeipirt patty will in itsroJ. A.Client and its wtat a dthroughConfidentialInformationof the m.ysurdestroy employees,may access TLM Products the party that is � its possession. websiteintenvel or an mean (if• atio')M1rattlby ADP emMWesfti Client as orNotwithstandingiles foregoing ADP may s confidentially forregulatoryhereunder Provided n Mid l ed incessant m put ins'on MWdB ts is ADPdueeitime ane ti bio ap ylm, pmridee ths ADP's emfi@miJiN o6liPtim Aernnn ettlmv Mcd pleenssofny CliemrnmwlelSue thatADPby dues not reviewcontinue purposes the emarymaaagry thao(my submissions Sue made byCliatton Client's Fw n oft co f(ntii Supe, 'Confidential Information" dill angst. all employeein-are.f ee1peearoductsa its nk ngvatediA Psubmit esf o verify the infto ormation r receiving pay confidential ipopnmaionumn the provided by du tss but dos not b'Myand cothe pLNgMuns®dmyton submitted Pxeiees or ployinclude rvOnfon Baon that use irady known ywith receiving RWu[vbmdxanot oe snnryWw.gevuv o(aryw mndtniimeon Ctimrwits employees ihatueoilisfwmmoy avuJruly Fmbli the thaniasaesult ffdisclosn by Clint wkmvdMges roa by Malty communications relationship the Site no thatebecomesvgenerally Jo o rodvgreemetMd(ithan ssvmWton adisclosure as beco confidential fiduciary, aM con contractually q' Y tit toi h or other NWmWiP is ahem the receiving runmgipaty oflbwaisAgeemem,mntiii)iiscmmngoprtananon- MweaADP ratCTrnl oftranther miosnsoerlhieoHreenaa lo he uarantedien commwmeasnviypdtnBomvwuaother of mmt4tixlouds allparty MW ohwgeWesmv wain oSuamtlixvssem theauthorized users secans willibemauied.In confidential sses.Confidential a information nfer loo of ADP also includes rel o ADP tradeo order to arcwmtend unxmead,orientand its aWteimlweariers be requiredtake trentpmuur tiinf rmatoerr'ed ordocumentationb ADnwMmfdWw provide a name unman nd password. eient o will cared itss wars to SI any mann or product information finished toiClient ADP Confidentiale whom necessary to feuamaintain the privacy theirofuwuswor i password.including.n. Information of Client also includes all personally identifiable payroll and employee- without pice. liiettiill Mann authnrumes tandnaawordtoaprimeane woe level dabs. Pram. Giem willMann its ardmn�umg tivsthe ien'tam they have reason toWieseduianD?.ADP is eve party has accessto ace account,Iernewin Ix. Limitation le wgaiio promptly orr iADPADPisfinenuniibkns through the access to et or Internet,(in A.ADP9wleiong10(A)isaueo(mo conga, oreplace.atADmdwvmaiy interception diaemggmve Int tit InInirde to monsClInients dam ADP may set ecNinsesiADP's agflstshall eioimy under repair tmueemwmuing'aoptimadedar or{mite of dna or ay f i author ed order top pen Client's odADP may ardefectivefor imam Amon aggregate etwise)under any circumstances Agreement es log any[Janda Intpntl Client's. l.without o(iaotimiW uuse ves tige TLM f any br tie tof type o Intmm innru tiaitly, notice, pending an investigation. if any breach ofn"aBm(nu"`a'Y vromemix)wdermYciawnnartcn fmdarm of any type or character mark by excluded Clientm i eaarising ioff from or related m touredmanyb is suspected. Products will limited to the lesser of(i)the amount of actual damages incurred Web Hnvinu$winr by Client m 00 the erragemonthly[M1VPq for one month t, ha affected TLM shallProduct. ADP wilClint acsrreMntlJNent e applicaovumfaeelign. Provisehostingemistemincluding hardware and software required such crcnis will beappttauJinc wkpnmtADP urvie fees.The fueumntooSale Site esY ')and operation and requited mdmopvof miutiallroapdlyoernW damages incurred by Clientas a direct result ) li on t such System. Client alnowFkegnh l System not be to provide the mmina, or fraudulent acts owillful misconduct of ADP or any oi asimioy servicesm rcmawdthat Client isno rights therein. employees,The wwegoindgtionschllne clinun oDdliability DeployTLM otherclients licensed by the Client v Uniform Resource Agreement gliemee withstanding hefwrmo(ay claims made hereunder leg..cmop not IURLI ADP discninrMmdemndoy negligence or nhewiuosWconstitute Client'slOk remedies Client orts or iii. lnthe att ahthatmP dixmusandtwgto ADP LLMyPiamgwn B.ADP=Ade not be liabledeemed tbe inhoflsramyeelryor failure to the System is enuwr noutageccthat-ELM Productsas carom! uftas Agraement or for nwnyrm of service resulting.,directly or sgamiisssuea.eokdisymflymmoaasulisueeaasoon a in Eonycause beyond ADP's reasonable tly m B O D i b ted ro te ble possible,gvirgpimeyroomtgausignificantoperational issues C.INNOTAENTILECTP OR CLIENT RESPONSIBLE FOR STRw. Use cwmmvaWy reasonable efi s to make the System available for the INCIDENTAL INDIRECT PUNITIVE, CONSEQUENTIAL OR OTHER of availability specified inSection 9 B Ir)(Hours of Availability'). aie yiSIMILARDAMAGES WI N THE OTTER MAY INCUR OR EXPERIENCE for scheduled maintenance and any loss interruption ofthe System N ACCOUNT OF ENTERING INTO OR RELYINGON THIN AGREEMENT due to causes beyond the control of Amp or which are not reasonably INCLUDING, N DIA BUT NOT LIMITO DAMAGES FOR BUSINESS EXPENSE,foreseeable by ADP cn not Idinem failure or LOST DATA, MACHINE DOWNTIME OR DAMAGE TO CLIENT ORhmoth or hgual swminor links, fmer do downs or CLIENTS CUSTOMERS CAUSED BY ANY DEFICIENCY,DEFECT,ERRORniiea or unauMnud Minnow. In order to perform requiredSystem OR MALFUNCTIONIN THE EQUIPMENT,EVEN IF ADP CLIENT HASamwegMSysawill rothocfor hems o6hedhweoe BEEN ADVISED OF THE POSSIBILITYWSUCH DAMAGESHous o(asaand a corm nodt0the Client for one periodmrxionl weekend as required by any infra/Jointure change ADP I). Default by Client Remedies tray Default Customer will notifythe Client oecunscheduled System dawsnema as If Client veults in thepynml of any sum of hereunder,11 ii)hie to lpniWleof the SmceerxbMmres unscheduled downtime,ADP o iS.ADP install. Bmode,adisuneethe Equipment front ChentagiingmmPmnwilwork diligently to comm Me problem until iis resolved and the System system.By defaults in the Rr(nceofany other of iobligations tinder thistavailable Agreementor Oil commits an Sc,ofbeam-payor becomes the wbw ofany is shall be responsible for establishing and maintaining a secure ofoutbeine opethe BankmgeryAct rob mxhen.orifxtnatlnormlfm alefewsyaem, hsand)include physical security. of Client's property becomes arbiter to MY levy.minim,assignment application wlogical security necking firewJlaewnpoonand password access canvoll, sale for or on an money as r any em Site by any creditor or governmental a agency,then.in any such amt ADP.at and intrusion Minim.Honestrmllanduryfor the hosted product is 24X7 laogimmay is gregmett.I)harday Client'stIsgremn ithe s MRNune except Sunday lxm to 6vn Eastern Time lbnto osis sion of l q whether.or not Agmen such ur lose mtmediatevpmumm of the Equipment.wherever saluted.mtlsfvi purpose PAGE 4 or 5 V enter upon any premises without rabthry for so doing.Id)sell,dispose of,hold,use lease the Equipmentas ADP in sole discretionmay decide.and tel declare any or ▪ all amounts dunder this its Agreement to e a mediately due and payable without further demand and may invoke any atd all other remedies penatned by applicable lawtient apses io reimburse ADP the any and all expenses ADP meq Inn including interest costs and reasonable a0omeyi fees,in taking any of the foregoing actions.The remedies ser forth in clauses DI and Id)abets sial not apply to any Equipment purchased and fully pate for by Client.The remedies contained in this Section Il are cumuhdve and in addition to all other rights and remedies available to ADP undo this Agreement,by operation of law or otherwise. 11 Government Regulations and Mamufacmrer Requirement,. Chem will be responsible h I for compliance with all laws.gommenW regulations and manuf en'requirements affecting its bminar.and oil for any use Client may make of We TLM Products to actin Client in complying with such laws. governmental regulations.and manufarnrren requirements and ADP shall not have any responsibility relating thereto liuluding,without Iimiisioo,advising Client of Client:responsibilities in wmptying with any laws.governmental rgvLdons or manufacturer&requirements'Weems Climes business). B. GewN. A.Client acknowledges that it he not bum induced to enier into this Agreement by any repieeenmion or wanmuy not ser food in the Agreement This Apeemmt contains the entire agreement of the parties us to the TLM Products and such Agreement supersedes all existing agreement and all oder oral,minion a other communications between them concerning the\TLM Products. Client hereby acknowledges that any and all repreuttmom made by ADP and its employees, either orally min wnnng which are nes specifically included in the toms any conditions of this Agreement or in a wnnen addendum signed by an authorized officer of ADP are not materia to this Agreement and are not binding upon ADP This Agreement shall net be modified in any way aczp in a writing signed by both B e. B,.Neither pony may assign its rights,duties or obligations that arise under this Agreement without the prior ll meo consent of the other parry. This and Mail be binding upon and shall inure m the benefit of ADP ad Client and their ✓espective ay successors ed pertained ensigns. C. If ary le.sheon of this Agreement shall be held to be invalid, illegal or ummforebe in the validity"legality or enforceability of the remaining provisions shall net be in any way be affected or impairBede thereby D All notices shall be in writing and receI be delivered or amt by recognized mune or nemnered or certified mail.warm receipt q uested to the addresses indented on t he6sadditional hereof with an copy to Automatic Data Processing,Inc.,One ADP Boulevard.Roaelmd,NJ 07068 Anenon Omelet Counsel,or to web other addressess ns the parties allbf entice given Monthereto. E The headings in this Agreement meart&orated for convenience of reference only and Jug not affect its intng thus . F executing The individuals Agreement on behalf of ADP and Client each hereby lammedetheymnecessarynecessaryman duly authorized by all nay action manse this behalf Agreement on halffof their respective principals. This Agreement shall be governed by the laws of the Start of New Jersey. G.The tenni of dos Agreement in subject to any Additional Terns. In the event of a conflict between the Isms of this Agreement and men Additional Terms,the deuunmadm shall control in the following oder,(11 die Appendix or Appendices or ExhibiIXs)to dos Agmtat to lT)tine Agreement,any IJl oder Additional Terme Dilute H.The ute ofp '0 either party at any timeenforce right or remedy available to it under this Agreement or otherwise with respect to any beach a failure by the other pMer brehallach not he conenud to bea waiver of such right orrem remedy with respect m any other breach or feature by the other pang 1. The pada harem expressly mance of and atm that each pony is independent contractor in the of ormer<of each and every pad of labs Agreement, solelyis responsible for all of its employees and agents and its labor costs and expenses nosing in connection therewith. I.With respect to the TLM Products covered haM.ADP suppliers,vendors and relines partners may enforce the sone disclaimers and limitationseeagainst Client as ADP may under Sections al101B1 pa ed 12 of this Agreement Other than ADP suppliers.vendors and referral and U. who are intended third perry beneficiaries with respect to Sections IgBI U.nothing in this Agreement acnes.or will be deemed to create,thud parry beneficiaries of or under this Ameement ADP has no obligation to any third party liminding. without limitation, client's employees and/or am taxing authaiy)by Aimee of this Agreement. PAGE 5 OF 5 illi 4 LOSALTOS HILLS ✓ ,40.0 r .. .4 CALIFORNIA September 4, 2008 Byron Blanco ADP Small Business Services 3300 Olcott Street Santa Clara, CA 95054 Re: Service Agreement and Documents Mr. Blanco, Please find attached fully executed documents as required by ADP Small Business Services to assume management of the Town's payroll disbursements. The Town understands ADP's services will be in place and operational for the Town's first pay period of the 4th quarter of calendar year 2008 which is a disbursement date of October 15, 2008. As the Town's representative on this project, I look forward to building this partnership and taking full advantage of ADP's proven technology and processes. If you have any questions, please feel free to contact me at (650)947-2515. Sincerely, Nick Pegile s Finance Di ctor 26379 Fremont Road Los Altos Hills California 94022 650 / 941 -7222 Fax 650/941-3160