Administrative Services Committee Meeting

Administrative Services Committee Meeting Commission Chamber- 10/11/2010- 1:00 PM ADMINISTRATIVE SERVICES 1. Approve contract with ADP to implement Time & Attendance Module of Attachments the ADP systems. 2. Approve the selection of BlueCross BlueShield of Georgia as the Augusta, Attachments Georgia Health Insurance Provider for 2011. 3. Approve changing the Painter I Position at the Municipal Building to Attachments Maintenance Worker I. 4. Motion to deny bid protest regarding item 10-142- RFP to Lease the Patch Attachments Golf Course. www.augustaga.gov  Administrative Services Committee Meeting 10/11/2010 1:00 PM ADP Time & Attendance Module Department: Human Resources Caption: Approve contract with ADP to implement Time & Attendance Module of the ADP systems. Background: Augusta's current time keeping method is manual and requires duplication of processes in timekeeping due to the need to transfer date from a timecard to a time sheet and then be entered into the payroll system. Analysis: ADP will implement their Time & Attendance Module to help Augusta, GA automate the time keeping process. This system will allow supervisors to have a better method of of maaging their employees attendance and leave. Financial Impact: The cost of implementation of the Time & Attendance Module will be $123,000. This will be paid by the three Enterprise Fund Departments (Solid Waste, Airport & Utilities). Alternatives: Do not approve contract with ADP to implement Time & Attendance Module of the ADP systems. Recommendation: Approve contract with ADP to implement Time & Attendance Module of the ADP systems. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo  Attachment number 1 Page 1 of 9 AMENDMENT TO MASTER SERVICES AGREEMENT BETWEEN ADP, INC. AND AUGUSTA, GEORGIA This Amendment (the “Amendment”), effective as of _________________ (“Amendment Effective Date”) between ADP, Inc. (“ADP”), and Augusta, Georgia (which was referenced previously as Augusta-Richmond County and is hereinafter referred to as “Client”) contains changes, modifications, revisions and additions to the terms and conditions of the Master Services Agreement dated as of January 11, 2010 as amended (the “Agreement”), between Client and ADP. Now, therefore, in consideration of the mutual covenants contained in the Agreement and herein, and for other good and valuable consideration, ADP and Client hereby agree as follows: 1. Additional Service: ADP will provide the Client and Client will receive from ADP the additional Services described in this Amendment, including, without limitation, Annex O attached to this Amendment. 2. Annex Z: Annex Z of the Agreement is hereby amended to insert the language shown below as a new Section 14. SECTION 14 TIME AND LABOR MANAGEMENT SERVICES AND FEES. § Implementation. o Implementation fees will be invoiced to the Client as incurred. Implementation fees are shown in Exhibit 1 which is attached hereto and made a part hereof. § Training. Fees for training will be invoiced to the Client as incurred. Client will pay all expenses associated with the travel of its own employees for any support or training activities. Post implementation training is available at an additional fee. Training fees are shown in Exhibit 1. § Maintenance. o Maintenance Fees. - Maintenance as described in Annex O is included in the fees shown in Exhibit 1. o Maintenance Availability. § ADP Enterprise eTIME®: Page 1 of 9 Page(s) 10/07/10 PDFConvert.13892.1.5 Amendment (TLM Services) City of Augusta and ADP.doc  Attachment number 1 Page 2 of 9 ADP’s Regular Maintenance Hours are: 8:00 am to 8:00 pm, Eastern Time, Monday through Friday, exclusive of ADP Holidays ADP will provide a telephone hotline for application and technical support. Application support includes standard product application troubleshooting questions and program or system errors. Technical support includes network troubleshooting relating to the Application Programs, performance tuning for the Application Programs and/or advising Client as to reasonable solutions for problems. The hotline is accessible to Client’s designated contact through a toll- free number, and is available during ADP’s Regular Maintenance Hours. ADP Holidays are New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day, and any other general corporate holidays that ADP may adopt from time to time. Additional pager support will be available to Client’s designated contact from 8:00 p.m. to 8:00 a.m., Eastern Time, seven days a week. § Application Programs. Fees for the Application Programs are shown in Exhibit 1. The Application Programs licensed to Client are: - ADP Enterprise eTIME® The Monthly Fee (excluding the monthly Hosting Services Fee, if any) will accrue and begin billing on the earlier of sixty (60) days following installation of the Application Programs or the occurrence of the first live punch. The Monthly Fee will be based upon the number of non-terminated users in the database related to the Application Programs (“Authorized Users”) and will be subject to a monthly minimum charge. If Client increases or decreases the number of Authorized Users, Client shall promptly inform ADP of any such increase or decrease and shall be subject to fee increases or decreases as determined by ADP. ADP will periodically audit the number of Authorized Users. § Hardware. - Fees for the Hardware are shown in Exhibit 1. The Hardware will be provided to Client on a subscription basis. § Hosting Services. Fees for the Hosting Services are shown in Exhibit 1. The monthly Hosting Services fee will accrue and be billed on the date the System is accessible for use by Client or ADP for implementation (prorated for the first month if such date is after the first day of the month). The Maintenance Windows are: Enterprise eTIME®: Day of Week (Relative to Maintenance Window Start Maintenance Window End Month) Time* Time* Every Monday 1:00 AM, Monday 3:00 AM, Monday Page 2 of 9 Page(s) 10/07/10 PDFConvert.13892.1.5 Amendment (TLM Services) City of Augusta and ADP.doc  Attachment number 1 Page 3 of 9 Every Tuesday 1:00 AM, Tuesday 3:00 AM, Tuesday First, Third, and Fifth 1:00 AM, Wednesday 3:00 AM, Wednesday Wednesday Second and Fourth 11:00 PM, Tuesday 5:00 AM, Wednesday Wednesday Every Thursday 1:00 AM, Thursday 3:00 AM, Thursday Every Friday 1:00 AM, Friday 3:00 AM, Friday Every Saturday 1:00 AM, Saturday 3:00 AM, Saturday Every Sunday 1:00 AM, Sunday 4:00 AM, Sunday *All times are U.S. Eastern Time, ADP Holidays excluded. ADP Holidays are New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day, and any other general corporate holidays that ADP may adopt from time to time. Installation of Updates ADP agrees to install one version upgrade (that is, a version number change to either the left or right of the decimal point; for example 6.2 to 7.0 or 7.0 to 7.1) on the Application Programs during the five-year Initial Term no sooner than the thirteenth month following live processing hereunder. If the Client requests the installation of additional Updates or the installation of new modules or additional functionality, such installation(s) will be performed on a time and materials basis. Client will pay for any Client-owned hardware or communication charges resulting from any Updates Page 3 of 9 Page(s) 10/07/10 PDFConvert.13892.1.5 Amendment (TLM Services) City of Augusta and ADP.doc  Attachment number 1 Page 4 of 9 EXHIBIT 1 Description Implementation Rate Units Qty Annual Enterprise eTIME Software $0.00 $1.15 ee/month 2,900 $40,020.00 4500 Full Time Clocks $0.00 $110.00 clock/mo 5 $6,600.00 Enterprise Accruals Module $0.00 $0.35 ee/month 2,900 $12,180.00 Enterprise Leave $0.00 $0.50 ee/month 2,900 $17,400.00 Enterprise eTIME Additional Manager $0.00 $5.00 mgr/month 1 $60.00 Licenses (over 10:1) Enterprise eTIME Web $0.00 $1.15 ee/month 2,900 $40,020.00 Base Hosting $0.00 $4,275 month 1 $51,300.00 Hosting Implementation $23,100.00 $0.00 1 $0.00 Implementation $100,000.00 $0.00 Hours 1 $0.00 Time & Labor Management (TLM) $123,100.00 $167,580.00 Total Deferred Fees: Deferred fees are not applicable. Page 4 of 9 Page(s) 10/07/10 PDFConvert.13892.1.5 Amendment (TLM Services) City of Augusta and ADP.doc  Attachment number 1 Page 5 of 9 All other terms and conditions of the Agreement shall remain in full force and effect. In the event of any conflict between the terms and conditions of this Amendment and the terms and conditions of the Agreement, this Amendment shall prevail. The terms defined in the Agreement and used in this Amendment shall have the same respective meanings as set forth in the Agreement, unless clearly otherwise defined in this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by its authorized representatives as of the date first above written. ADP, INC. AUGUSTA, GEORGIA By: By: Name: Name: Title: Title: Date: Date: Client Address: 503 Greene Street Augusta, Georgia 30911 Page 5 of 9 Page(s) 10/07/10 PDFConvert.13892.1.5 Amendment (TLM Services) City of Augusta and ADP.doc  Attachment number 1 Page 6 of 9 ANNEX O 1.5 Alterations; Inspection. This Section 1.5 shall not apply to Hardware which is purchased and Time and Labor Management Services fully paid for by Client. Client shall not make any alterations or attach any device not provided by ADP to SECTION 1 TIME AND LABOR MANAGEMENT the Equipment whatsoever, nor shall Client remove the SERVICES. Equipment from the place of original installation without ADP’s prior consent. ADP shall have the right to enter 1.1 Time and Labor Management Services. Client’s premises upon prior written request, which shall ADP will provide the Application Programs and/or not be unreasonably withheld, to inspect the Equipment hardware (e.g. timeclocks) (the “Hardware” and during Client’s normal business hours. collectively with the Application Programs, the “Equipment”) and the installation and training, listed in 1.6 Title to Hardware. This Section 1.6 shall not Annex Z (collectively with the Equipment, the “TLM apply to Hardware which is purchased and fully paid for Services”). Certain terms in this Annex O apply only to by Client. Title to the Hardware shall remain in ADP. Hardware provided on a subscription basis, and certain The Hardware is, and at all times shall remain, a terms apply only if Client purchases Hardware. If separate item of personal property, notwithstanding its Hardware is initially provided on a subscription basis attachment to other equipment or real property. Client and the Client subsequently purchases and pays for the shall furnish any waivers or consents reasonably Hardware, the terms which apply to purchased requested by ADP to give full effect to the intent of the Hardware shall apply to the Hardware purchased by preceding sentence. Client. 1.7 Documentation. ADP will deliver to Client 1.2 Grant of License. Client's use of, and all the one copy of any documentation applicable to the rights and obligations of the parties with respect to, the Application Programs, all or a part of which may be in Application Programs delivered to Client in connection the form of computer media. Client will copy the with the TLM Services will be governed by the license documentation only for its internal business use to agreement (whether written, shrink-wrapped or on-line) satisfy its reasonable internal needs, provided that any delivered to Client with such Application Programs; such copies include all proprietary, copyright and other provided, however, that in the event that no license similar notices. agreement is delivered to Client with such Application Programs, ADP hereby grants to Client a personal, 1.8 Client Content. “Client Content” shall mean non-exclusive, non-transferable right and license to use (i) all payroll, human resource and similar information solely for the internal business usage of the Client provided by Client or its agents or employees, including Group the Application Programs delivered to Client in transactional information, (ii) Client’s trademarks, trade connection with the TLM Services. Client will not have names, service marks, logos and designs and (iii) any any interest in such Application Programs, except for other information or materials provided by Client, the license granted to it under this Agreement. Without regardless of form (e.g., images, graphics, text, etc.), to limitation of the foregoing, Client will not copy, be included in the Equipment, whether included therein recompile, disassemble, reverse engineer, or make or by ADP on behalf of Client as part of its setup services distribute any other form of or any derivative work from or directly by Client or any of its employees or agents. the Application Programs. Client's use of any pre- The following provisions shall apply with respect to packaged third-party software will be governed by the Client Content: terms and conditions of the applicable third-party license agreement(s) delivered to Client with such pre- 1.8.1 Client shall be solely responsible for packaged third-party software. updating and maintaining the completeness and accuracy of all Client Content. 1.3 Installation. Client shall be responsible for (i) providing and maintaining a suitable installation 1.8.2 Client is responsible for obtaining all environment as specified in the manufacturer’s product required rights and licenses to use and display all Client literature and in accordance with ADP’s then current Content in connection with the Equipment. Client environmental specifications and other written hereby grants to ADP a non-exclusive, non-transferable instructions, (ii) following manufacturer’s instructions license to use, edit, modify, adapt, translate, exhibit, with respect to the Hardware, and (iii) providing and publish, reproduce, copy (including back up copies) and installing all power, wiring and cabling required for display the Client Content as reasonably necessary to installation of the Equipment. The Business Day provide Equipment or perform the TLM Services following the day on which (a) ADP, or its designee, covered under this Annex O. determines that the Equipment has been placed in good working order in accordance with ADP’s standard 1.8.3 Client and its employees shall not installation procedures, or (b) the Equipment is include or provide to ADP for inclusion in the Equipment delivered and the Client fails to provide the required any Client Content which is obscene, offensive, installation environment, is the “Warranty inappropriate, threatening, malicious, which violates Commencement Date”. any applicable law or regulation or any contract, privacy or other third party right or which otherwise exposes 1.4 Risk of Loss. No loss, theft or damage after ADP to civil or criminal liability. ADP reserves the right delivery of the Equipment to the Client site shall relieve to exclude or immediately remove from any Equipment Client from any obligations under this Agreement, and any Client Content which it determines in its sole Client shall be liable for any such loss, damage or discretion violates the previous sentence, provided that destruction (regardless of cause). ADP has no obligation to review or monitor the Client Content. NAS MSA Annex O; v1 Page 6 of 9 Page(s) TIME AND LABOR MANAGEMENT  Attachment number 1 Page 7 of 9 1.9 Third Parties. Notwithstanding the Hours”), which are specified in Annex Z. ADP shall provisions of Section 9.6 of Annex A, with respect to the respond in a prompt, commercially reasonable manner Equipment, ADP’s suppliers, vendors and referral during Regular Maintenance Hours for the applicable partners may enforce the same disclaimers and Equipment, but reserves the right to grant priority limitations against Client as ADP may under Sections 4 among clients. and 7 of Annex A. 3.3 Hardware Maintenance. ADP shall make, or cause a designee to make, all necessary adjustments SECTION 2 LIMITED WARRANTY. and repairs to keep the Hardware in good operating condition. All remedial Maintenance shall be provided ADP warrants to Client that the Hardware shall be free during Regular Maintenance Hours for the applicable from defects in material and workmanship on the Hardware after notification that the Hardware is Warranty Commencement Date and for ninety days inoperative and a determination has been made by thereafter. ADP warrants that the Application Programs ADP, or its designee, that the problem is a result of will perform in accordance with the applicable defective materials or workmanship. Any parts found to documentation for the comparable (as to version and be defective (except those specifically excluded type) Application Programs. These warranties shall not hereunder) shall be replaced or repaired, at ADP’s or its apply in the following circumstances: (i) accident, designee’s option without additional charge for parts or neglect or misuse; (ii) alterations other than in labor, provided that the Hardware has been properly accordance with ADP’s standard installation procedures installed and maintained by ADP or its designee, and and (iii) failure to provide and maintain a suitable provided further that the Hardware has been used in installation environment including but not limited to, accordance with the ADP manual and manufacturer’s failure to provide adequate electrical power, air instructions and has not been subject to abuse or conditioning or humidity control. tampering. Such repairs and replacements may be made only by ADP or its designee, and will be made only after ADP or its designee is notified of a problem, SECTION 3 EQUIPMENT MAINTENANCE. receives delivery from Client of the Hardware (which delivery shall not violate the provisions of Section 1.5 3.1 General. If the Hardware is provided on a above) at issue and determines that it results from subscription basis, and not purchased by Client, defective materials or workmanship. Notwithstanding maintenance services (“Maintenance”) for the the foregoing, ADP may deliver a temporary Hardware will be furnished by ADP, or its designee, replacement item for Client's use while such pursuant, and subject to the following terms and determination is being made with respect to the conditions for the fees specified in Annex Z. If Client Hardware in question. purchases the Hardware, Maintenance is optional and may be obtained at an additional cost and a separate 3.4 Application Programs Maintenance. ADP annual Maintenance fee applies. A Client under the shall make, or cause a designee to make, corrections of purchase option may terminate its receipt of errors or deficiencies in the Application Programs so Maintenance by providing written notice to ADP no less that the Application Programs conform in all material than thirty (30) days prior to the end of the then current respects to the functional specifications for the annual Maintenance period. ADP is not required to Application Programs published from time to time by rebate to Client any maintenance fees relating to a ADP. ADP will make improvements, enhancements, current or prior coverage period. (NOTE: If a Client modifications and/or updates (collectively, “Updates”) selects the purchase option but elects not to receive or to the Application Programs available to Client (i.e. in terminates Maintenance hereunder, any Maintenance addition to the license and Maintenance fees) if and as provided by ADP at Client's request will be subject to they are made available generally by ADP at ADP’s ADP's then current charges for Maintenance which will standard rates on a time and materials basis. If Client likely be significantly greater than the annual fee under fails to install, or does not engage ADP on a time and the Maintenance plan.) Maintenance is not available materials basis to install any version Update within on Equipment located outside the United States, three years after the availability of the same from ADP; Canada or Puerto Rico. Maintenance shall apply to ADP shall have no further obligation to provide Client the Hardware only and shall not apply to the with Updates to the Application Programs nor to provide maintenance of inking rollers, ribbons, light bulbs, fuses ongoing Maintenance for the Application Programs. or other accessories, attachments, machines or other Updates which are service packs shall be made devices not provided by ADP. Maintenance shall available (or for clients receiving Hosting Services commence (i) as to the Application Programs, installed) by ADP, at no additional charge. immediately; (ii) as to Hardware, upon expiration of the warranty in Section 2. ADP shall provide help desk 3.5 Maintenance Exclusions. Maintenance support, which includes technical assistance which may does not include (i) providing supplies or equipment; (ii) be by telephone, fax service, remote modem support (if refinishing of the Hardware; (iii) maintenance of accepted by Client) and/or courier. Client shall bear all accessories, attachments, machines or other devices delivery/shipping costs and all risk of loss during not covered by ADP; (iv) making configuration shipment/delivery of Hardware relating to Maintenance. specification changes (not applicable to the Application Client shall pay all travel expenses incurred by ADP or Program TimeSaver® 3.X); (v) performing service its designee for any Maintenance performed at the connected with the relocation, installation or Client’s site. reinstallation of Hardware; (vi) adding or removing accessories, attachments and other devices; (vii) 3.2 Maintenance Hours. Maintenance shall be operation of the Application Programs in the normal provided, during ADP’s regular maintenance hours for course of business; (viii) consulting, programming, the applicable Equipment (the “Regular Maintenance installation or training services that are not associated NAS MSA Annex O; v1 Page 7 of 9 Page(s) TIME AND LABOR MANAGEMENT  Attachment number 1 Page 8 of 9 with Application Program errors or deficiencies; (ix) repairs which have been made to the Equipment by programming or analytical assistance relating to other than authorized representatives of ADP. If, in the enhancement of existing programs or the creation of opinion of ADP, any such alterations, additions, new programs; (x) programming or analytical adjustments or repairs adversely affect ADP’s ability to assistance relating to restoring programs and/or render Maintenance to the Equipment, ADP reserves computer accessible data files rendered inoperative the right to immediately terminate this Annex. Any due to any cause outside of ADP’s reasonable control; Maintenance performed by ADP outside the scope of and (xi) supporting any Application Programs not listed this Annex when the cause is determined to be in Annex Z. Any maintenance resulting from other than unrelated to Equipment shall be provided at ADP’s then the normal operation of the Equipment, including prevailing time and material rates and terms plus any Client’s faulty installation or misuse of the Equipment or travel expenses incurred. Client’s failure to provide the necessary facilities or specified operating supplies or to meet ADP’s or SECTION 4 FURTHER LIMITATION OF LIABILITY. manufacturer’s site specifications shall be invoiced to Client as an additional charge plus any travel expenses The provisions of this Section 4 supplement the incurred. provisions of Section 7 of Annex A hereto. ADP’s sole obligation in case of any breach of its warranty set forth 3.6 Client Responsibilities. Client’s in Section 2 shall be to repair or replace, at ADP’s responsibilities under this Agreement include: (i) option, any defective items. providing a suitable environment for the Equipment, as specified in the manufacturer’s product literature and as SECTION 5 HOSTING SERVICES. specified by ADP; (ii) contacting ADP’s help desk by phone to initiate all Maintenance; (iii) explaining the Section 5 applies only if Hosting Services (as problem or condition requiring Maintenance to ADP’s hereinafter defined) are specified in Annex Z. help desk personnel and providing copies of data on printed materials and/or other media that may assist 5.1 Access to System. The System means the ADP in providing Maintenance; (iv) providing necessary Application Programs as run on the Hosted connectivity to access the Hardware, when requested Environment. The Hosted Environment means the by ADP; (v) providing full, free, safe and complete hardware, system software, hosting support software, access to the Equipment during Regular Maintenance network connectivity, and facility used by ADP to Hours for the applicable Equipment so that ADP or its support Client’s use of the Application Programs. Client, designee may provide Maintenance; (vi) backing up, and its authorized employees, may access the System removing, protecting and restoring, as applicable, as provided herein in order to input information relating programs, data and removable storage media to its employees’ time and attendance and related contained in failing Hardware presented for information. Client acknowledges that ADP does not Maintenance; (vii) removing all features, parts, options, review the accuracy or completeness of any alterations and attachments which are not subject to submissions to the System made by Client or Client’s this Agreement before presenting failing Hardware for employees. Client agrees that it is Client’s sole service; (viii) removing and controlling any files from responsibility to submit information relating to the use of Hardware before ADP begins service and replacing or the Application Programs and any associated ADP reloading files in Hardware following service and (ix) services and to verify the accuracy and completeness informing ADP of changes in related hardware and of any information submitted by Client or its employees. software and their configuration. Client acknowledges that by submitting communications through the System, no confidential, 3.7 Conditions of Maintenance. This fiduciary, and contractually implied or other relationship Agreement is contingent upon proper use of the is created between ADP and Client other than pursuant Equipment and does not cover Equipment which has to this Agreement. In order to access and use the been modified without ADP’s approval, or which has System, Client and its authorized users will be required been subjected to unusual physical or electrical stress, to provide a current username and password. Client or in which the original identification marks have been will instruct its authorized Users that in the event that removed or altered, or which has been removed from they have reason to believe that an unauthorized third the place of original installation without ADP’s prior party has access to Client’s account, they should consent. Additionally, any repairs, replacements or immediately notify ADP. Maintenance required as the result of any of the following are not included in Maintenance and Client 5.2 System Availability, Maintenance, and shall be charged at ADP’s then current rates, plus any Downtime. travel expenses incurred: damage, defects or malfunctions resulting from misuse, accident, neglect, 5.2.1 System Availability and Scheduled tampering or causes other than normal and intended Maintenance. The System generally will be available use (including modifications or replacements of any twenty-four (24) hours a day, seven (7) days a week; ADP components or any boards supplied with the however, ADP performs maintenance during the hours Hardware); failure of the Client to provide and maintain specified in Annex Z (the “Maintenance Windows”). a suitable installation environment; or malfunctions ADP makes no guarantee of System availability or resulting from use of software, hardware, badges, performance during the Maintenance Windows, and supplies or other products with the Equipment which System availability or performance may be negatively are not approved by ADP or the attachment or addition impacted during the Maintenance Windows. ADP of any device to the Hardware without ADP’s prior makes no guarantee that maintenance tasks will be consent. ADP shall not be responsible to Client for loss completed during the Maintenance Windows however if of use of the Equipment or for any other liabilities ADP determines that maintenance tasks extending arising from alterations, additions, adjustments or beyond the Maintenance Windows will impact Client's NAS MSA Annex O; v1 Page 8 of 9 Page(s) TIME AND LABOR MANAGEMENT  Attachment number 1 Page 9 of 9 use of the System, ADP will give Client as much improvements to the System (which hosts Client’s advance notice as possible.. data). Depending upon the situation, Client may or may not be informed of ADP’s making such corrections, 5.2.2 Additional Maintenance. In certain modifications, and improvements. situations, ADP may perform additional maintenance at times other than the Maintenance Windows. When SECTION 6 ADDITIONAL TERMINATION ADP determines that additional maintenance will have a PROVISIONS. direct impact on the Client’s use of the System, ADP will give Client as much advance notice as possible. The provisions of this Section 6 supplement the provisions of Section 8 of Annex A hereto. 5.2.3 Unscheduled Downtime. The System may experience unscheduled downtime. During the 6.1 Termination by ADP. In addition to the hours of 8:00 AM to 8:00 PM Eastern time, Monday termination provisions of Section 8.4 of Annex A, ADP through Friday, excluding ADP Holidays (as defined in may terminate this Annex O if Client fails to install, Annex Z) (“Prime Time”), ADP will notify the Client of removes or disconnects the Equipment from Client’s unscheduled downtime as soon as practicable, and in existing computer system. any event, within sixty minutes of ADP’s identification of such unscheduled downtime (the “Event”). At times 6.2 Default. Upon the occurrence of any event other than Prime Time that are outside the Maintenance set forth in Section 8.4 of Annex A, which is not cured Windows, ADP will use reasonable efforts to notify the as set forth therein, or Section 6.1 hereof, ADP may, at Client of unscheduled downtime as soon as practicable its option, whether or not this Annex is terminated, (i) following the Event. If the System experiences take possession of the Equipment (other than Hardware unscheduled downtime, ADP will work diligently to that has been purchased and fully paid for by Client), correct the problem until it is resolved and the System wherever situated, and for such purpose enter upon is made available. any premises upon providing reasonable notice to Client, (ii) sell, dispose of, hold, use or lease the 5.3 Hosting Services. The hosting services Equipment, as ADP in its sole discretion may decide, provided by ADP (“Hosting Services”) include: and Client agrees to reimburse ADP for any and all expenses ADP may incur, including interest, costs and 5.3.1 Providing the Hosted Environment for the reasonable attorneys’ fees, in taking any of the System and the operation and required maintenance of foregoing actions. such Hosted Environment. Client acknowledges that the Hosted Environment may be used to provide similar services to other clients and that Client acquires no 6.3 Effect of Termination. This Section 6.3 shall rights therein. not apply to Hardware which is purchased and fully paid for by Client. In addition to the provisions of Section 8.6 5.3.2 Deploying the Application Programs of Annex A, immediately upon termination or licensed by the Client at a Uniform Resource Locator to cancellation of this Annex, for any reason whatsoever, be selected, registered and owned by ADP. Client shall, at its expense, return any Hardware which is provided on a subscription basis to ADP in 5.3.3 In the event that ADP discovers and/or accordance with ADP’s instructions in as good Client reports to ADP through its support line that the condition as received by Client, normal wear and tear Hosted Environment is experiencing an outage or that excepted. If such Hardware is not returned, Client the Application Programs are experiencing operational agrees to purchase such Hardware at its fair market issues, working diligently to resolve such outage or value at the time of termination. issue as soon as possible, giving priority to outages and significant operational issues. 5.3.4 Making the System available except for the hours specified as the Maintenance Windows in Annex Z, except for scheduled maintenance and any loss or interruption of the System due to causes beyond the control of ADP or which are not reasonably foreseeable by ADP, including, but not limited to, interruption or failure of telecommunication or digital transmission links, or unauthorized intrusions. 5.3.5 Establishing and maintaining a secure environment for the System, which shall include physical security, logical security (including firewalls, encryption and password access control), and intrusion detection. 5.4 ADP Access to System. ADP will make corrections, modifications, and improvements from time to time as deemed appropriate by ADP in connection with the provision of Hosting Services to Client. Client grants to ADP permission to allow ADP’s employees and subcontractors properly authorized by ADP to access and make such corrections, modifications, and NAS MSA Annex O; v1 Page 9 of 9 Page(s) TIME AND LABOR MANAGEMENT  Administrative Services Committee Meeting 10/11/2010 1:00 PM Approve BlueCross BlueShield of Georgia as Augusta, Georgia’s Health Insurance Provider for 2011. Department: Human Resources Caption: Approve the selection of BlueCross BlueShield of Georgia as the Augusta, Georgia Health Insurance Provider for 2011. Background: Augusta has more than 2,400 employees eligible for the medical plan Premiums are split 77.5% Employer/22.5% Employee The total cost for this year will be approximately $18,600,000 The plan is currently funded using a fully-insured arrangement with BCBSGA BCBS is also the provider for retiree Smart Value coverage for Augusta, GA. Analysis: The initial renewal for 2011 with BlueCross BlueShield of Georgia came back with a 36.9% ($6,900,000) increase in premium. After receiving this information it was recommended that we issue an RFP and see if we could get a better offer for health insurance providers. Two companies submitted proposals (BlueCross BlueShield of Georgia and Coventry Healthcare of Georgia) and the proposals were reviewed by Benalytics based on 4 factors (RFP Questionnaire 30%, Financial Ratings 10%, Network Access 10% and Cost 50%). After the review and assessment by Benalytics the selection committee met to discuss the results and make a selection. The committee selected BlueCross BlueShield of Georgia as a result of the meeting and began negotiations. After negotiations the premium for 2011 was further reduced from $22,484,193 to $22,326,804. . Blue Cross Blue Shield has proposed an additional 3% reduction if a 97/103 contingent premium agreement is accepted. The County would pay 97% of the full premium for the plan year. If the experience is less than 97% no additional premium is required, if experience is between 97% and 103% additional premium is required up to 103% of premium, if experience is over 103% then only 103% of premium is required. The potential premium savings for accepting this proposal if the experience is less than 97 % is approximately $670,000. Financial Impact: The total estimated cost for 2011 is: $21.657, 000 using the contingent premium arraignment. The maximum additional premium exposure under this arraignment is approximately 1.35 million. Alternatives: Do not approve BlueCross BlueShield of Georgia as Augusta, Georgia’s Health Insurance Provider for 2011 for employees and retirees. Recommendation: Approve BlueCross BlueShield of Georgia as Augusta, Georgia’s Health Insurance Provider for 2011 for employees and retirees using theCover contingent Memo premium arraignment. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1 Page 1 of 1  Attachment number 2 Page 1 of 1 REQUEST FOR PROPOSALS Request for Proposals will be received at this office until Thursday, September 23, 2010 @ 3:00 p.m. for furnishing: RFP ITEM #10-157 Health Insurance Provider for Human Resources Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. A Mandatory Pre-Proposal meeting will be held on Wednesday, September 8, 2010, @ 10:00 a.m. in the Procurement Department – Room 605. All questions must be submitted in writing to the office of the Procurement Department by Friday, September 10, 2010 @ 5:00 p.m. by fax at 706-821-2811 or by mail. No RFP will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark RFP number on the outside of the envelope. Bidders are cautioned that sequestration of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race-Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in accordance with State and Federal laws. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 12, 19, 26, September 2, 2010 Metro Courier August 18, 2010 cc: Tameka Allen Interim Deputy Administrator Roderick Powell Human Resources Robby Burns Human Resources  RFP Item #10-157 Health Insurance Providers for the City of Augusta - Human Resources Department RFP Due: Thursday, September 23, 2010 @ 3:00 p.m. Addendums VENDORS Attachment B Bidders Form Original 7 Copies Fee Proposal 1&2 Blue Cross Blue Shield 3550 Peachtree Street YES YES YES YES YES YES Atlanta, GA 30326 Coventry Health Care 7402 Hodgson Memorial Drive, #105 YES YES YES YES YES YES Savannah, GA 31406 AETNA Inc. 11675 Great Oaks Way Submitted No Bid Response Letter Alpharetta, GA 30022 Consumers Life Insurance 2565 Thompson Bridge Road Ste 107 Submitted No Bid Response Letter Gainesville, GA 30501 Attachment number 3 Page 1 of 1 Page 1 of 1 Attachment number 4 Page 1 of 1 Attachment number 5 Page 1 of 6 Attachment number 5 Page 2 of 6 Attachment number 5 Page 3 of 6 Attachment number 5 Page 4 of 6 Attachment number 5 Page 5 of 6 Attachment number 5 Page 6 of 6 Attachment number 6 Page 1 of 2 Attachment number 6 Page 2 of 2 Attachment number 7 Page 1 of 1  Administrative Services Committee Meeting 10/11/2010 1:00 PM Convert Painter I to Maintenance Worker I at MB Department: Public Services Department - Facilities Management Division Caption: Approve changing the Painter I Position at the Municipal Building to Maintenance Worker I. Background: The Painter I at the Municipal Building retired at the beginning of 2010. Before we fill this position, we are requesting this change to align our staffing with the work requirement. Analysis: Maintenance work at the Municipal Building requires that personnel be skilled in a number of aspects of building maintenance. The individual formerly in the Painter I position actually spent the majority of his time doing tasks other than painting. This action brings our staff capabilities in line with the work requirements. Both positions are the same pay grade (Grade 38)so no additional funding is required. Financial Impact: There will be no cost as this is a title change to an existing, funded position. Alternatives: 1. Approve changing the Painter I Position at the Municipal Building to Maintenance Worker I. 2. Do not approve the change. Recommendation: #1. Approve changing the Painter I Position at the Municipal Building to Maintenance Worker I. Funds are Available in the Following No additional funding is required. Accounts: REVIEWED AND APPROVED BY: Finance. Human Resources. Law. Administrator. Clerk of Commission Cover Memo  Administrative Services Committee Meeting 10/11/2010 1:00 PM Motion to deny bid Protest regarding item 10-142- RFP to Lease the Patch Golf Course Department: Procurement Caption: Motion to deny bid protest regarding item 10-142- RFP to Lease the Patch Golf Course. Background: The Recreation Department submitted an RFP to lease the Patch in accordance with the Augusta, Georgia Code. Among the specifications for this project was a requirement that proposers have an Augusta, Georgia Business License. The Patch in Augusta, LLC submitted a proposal but did not have an Augusta, Georgia business license. There were no proposers that qualified for this RFP. The Patch in Augusta, LLC filed a protest indicating that it believed that it could not obtain an Augusta Business License unless it already had a contract to lease the Patch Golf Course. Analysis: The Recreation and Procurement Departments contend that an Augusta, Georgia business license could have been obtained by the protestor to be in compliance with the required specifications for this project, but no such license was obtained. However, since there were no compliant proposers, it is recommended that the project be re-solicited. If the project is not re- solicited, it is recommended that the protest be denied. Financial Impact: None. Alternatives: Waive the requirement to have an Augusta business license and award the RFP to the protestor. Recommendation: Deny protest and re-solicit the project. Funds are Available in the Following N/A. Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1 Page 1 of 2 Attachment number 1 Page 2 of 2