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HomeMy WebLinkAboutContract 47195-AD2 CITY SECRETA POWER I� CONTRACT NO. 1954bi AGREEMENT FOR PAYROLL DEDUCTION PURCHASE PLAN BETWEEN PURCHASING POWER, LLC and EMPLOYER (as identified on page 1 of application) Employer agrees to establish a voluntary employee purchase program (the 'Program") under which its eligible employees ("Employees') may purchase computers, electronics, home appliances and related accessories from Purchasing Power, LLC(hereinafter referred to as PP) and make payments for their purchases by payroll deduction. Accordingly, Employer and PP agree as follows (wherever Employer or PP are mentioned,It shall also include their designated administrator/agent(s)): 1. TURNOVER. Employer agrees to provide PP with data concerning employee turnover In a format which will allow PP to set reasonable participation criteria. All such data received from Employer shall be held in strict confidence and not revealed to anyone not Involved in the underwriting process at PP. 2. MARKETING. Employer agrees to provide PP with reasonable opportunities to market the program to eligible Employees for the purpose of promoting, explaining and offering the Program to such Employees, which shall Include an introductory message from Human Resources sent to eligible employees via electronic mail and may include enrollment message(s) during open enrollment periods, direct mail to employees, and other means of communicating with employees as may be reflected on the attached Addendum A, as applicable. The precise means of communicating with Employees shall be agreed by PP and Employer during the Implementation process. Employer's approval must be obtained for all materials/communications using the Employer's name and logo. Such Information shall not be used,shared or sold to any third party for marketing purposes. 3. PAYROLL DEDUCTION. Employer agrees to honor and administer all requests from Employees ('Participant") for periodic payroll deductions for the payment of purchases as specified by Participant, whether the request comes from Employee directly or through a designated administrator/agent. 4. REPORTING. PP agrees to submit to Employer periodic statements Indicating the amount of payments to be deducted from each participant's payroll. Employer gees to withhold deductions authorized by Its EnnpioyeeiParticipants and to remit to PP all payroll deductions accumulated on behalf of each Participant in the amounts indicated in their periodic statements furnished to Employer by PP. All deductions will be remitted to PP In accordance with the schedule established during the Implementation process. Deductions missed because of insufficient pay, leave of absence,or termination will be dealt with In accordance with applicable law, payroll system capabilities and policies established during the Implementation process. S. TERM; TERMINATION. The term of this Agreement shall be for one year, and shall automatically renew for one-year periods on the anniversary date hereof unless a party provides ninety(90)days`prior written notice of non-renewal to the other party at the address set forth below or current business address to the attention of the Chief Legal Officer/General Counsel. In addition, either party may terminate this agreement(a)with cause upon ninety(90)days'prior written notice to the addresses specified below,or(b)without cause at any time alter the first year follovA ng Implemention of the Program upon ninety (90) days' prior notice to the address specified below. Fouowing the effective date of any such non-renewal or termination, PP shall Immediately stop accepting new orders from Employees and Employer agrees to continue processing deductions for those purchases made prior to non-renewal or termination of this Agreement until paid. 6. NOTIFICATION. If an Employee is terminated from his or her employment, Employer agrees to notify PP of such termination as soon as reasonably practical. 7. RESPONSIBILITY. Employer is not responsible for the payment of any Employee purchase after the termination of employment. However, Employer shall be responsible for any and all funds which were or should have been deducted from such Employee's payroll prior to the date of Employee's termination. S. CONFIDENTIALITY. PP agrees that all Information, records and other material provided by Employer in connection with the Implementation and performance of the Program, including, without limitation, information and records concerning the Employees of Employer, shall be treated as the proprietary and confidential information of Employer, and PP, Its employees and officers will not disclose any such confidential and proprietary information to any other person without the express prior written consent of Employer, except as required by law or regulation. 9. This Agreement shall be construed and enforced in accordance with the laws of the State of Texas. Employer assumes no other responsibility except as stated above. 10. This Agreement may be executed In counterparts, each of which when so executed and delivered shall be considered an original, but such counterparts shall together cmftite one and the same instrument and agreement. Any signature delivered by a party by facsimile or other electronic trar w7ftsion(including email trarsrniselon of a portable document file(pdf)or similar Image)shop be deemed to be an original signature hereto. Somft a Page to Fonpow , V OFFICIAL RECORD 22'�p�6 CITY SECRETARY FT.WORTH, TX w I IN WTTNESS•WHEREOF, this Agreement Is.executed by the Parties-:an OILS V EMplbyer: Q kart W. Purchasing.Power,.LLC By: ray: Nalne: n Alanls' Name: I;, -•��.�Z ` !— Titiec sta City Manager Title: Date: � ` L Date: Employer.Address: 1tf00 ilyodcrriorton S Purchasing Power, LCC Foil W049.West Peachtree Street NW Suite.1.100 Nam to Qar y's Ofi'ice at same address Atlanta, Georgla 30309 .J(404) 60g-5100 4CITATTLORNSTJ�7, -D AS fi0 ©RM AND LEGALITY: ���� STve"%" �®Rf°'d• Mary L Kayser, City 0 V � XA� OFFICIAL RECORD CITY SECRETARY FT. IWORTH, TX