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HomeMy WebLinkAbout2018-10-30; City Council; ; Agreement with SumTotal Systems LLC., to Upgrade CyberShift Time Reporting Systems~ CITY COUNC I L ~ Staff Report Meeting Date: To: From: Staff Contact: October 30, 2018 Mayor and City Council Scott Chadwick, City Manager Michele Tackett, Finance Payroll IT Manager Michele.Tackett@carlsbadca.gov or 760-602-7548 Doug Kappel, IT Applications Manager Doug.Kappel@carlsbadca.gov or 760-602-2791 CA Review lJ.lv Subject: Agreement with SumTotal Systems LLC., to Upgrade CyberShift Time Reporting Systems Recommended Action Adopt a Resolution authorizing the City Manager to execute an agreement with Sum Total Systems LLC., to provide implementation services for an upgrade to the city's time and attendance system in an amount not to exceed $286,840 for a three year period. Executive Summary The CyberShift timekeeping software is a critical component to the city payroll system that maintains time and attendance data for all employees. The current version of CyberShift is no longer supported by SumTotal Systems LLC. The city will upgrade the system to version 18 which will add new functionality for employees and staff. The upgraded software will provide increased capabilities for finance staff and be easier to use by all employees. As a result of the upgrade, new time clocks are required and will be purchased and installed. Pursuant to Section 3.28.060, Procurement of Professional Services and Services, of the Carlsbad Municipal Code, the City Council shall be the awarding authority for procurement of professional services and services for which the cost to the city is more than $100,000 per agreement year. Discussion Sum Total Systems LLC., announced end-of-life of the city's current version of CyberShift, the city's time and attendance and time clock system, and will no longer support lessor versions. The CyberShift system is utilized by all city employees for time tracking, leave management and absence management. This system also includes the time clock hardware utilized by hourly staff members to record when they begin and end a work shift. The current CyberShift system was implemented in 2011, and has not been upgraded. Up until version 18, SumTotal Systems had not provided new functionality to merit an upgrade. Now they have added important new functionality including supervisor visibility to employee data, efficiency in approvals, and over all ease of use for all employees. The new version of CyberShift is a significant improvement. The Finance and IT department's staff recommend upgrading to the new system software and hardware. October 30, 2018 Item #4 Page 1 of 25 The following is a list of benefits from the system upgrade: • The payroll administrator and supervisor are experts on the current CyberShift system, and due to the similarity of the work flow of the old and new software and hardware their expertise will carry over to the upgraded version of CyberShift. • The CyberShift upgrade maintains all historical data, so no records are lost, and a complex conversion process is avoided. Since the timekeeping system is a critical element of the city's payroll system continuing with CyberShift minimizes risk. • Work on the project will begin immediately in order to have the system operational by May 1, prior to the on boarding of summer hires. • The dashboard style user interface in version 18 of CyberShift provides management and employees easy access to attendance data, and displays it in an intuitive manner. • The version 18 upgrade allows for employee leave of absence requests to be transferred from one manager to another. The current system does not provide this functionality. • The upgraded time clock hardware and software is compatible with the city's new facilities physical access control system such that the time clock system and physical access control system will utilize the same employee badge. Fiscal Analysis SumTotal Implementation and On-going costs Description Yearl Year2 Year3 Total Clocks & Workforce Management Subscription $ 54,122 $ 45,155 $ 45,155 $ 144,432 Clocks Maintenance Fees 2,946 7,074 7,074 ·17,094 Upgrade Fixed Fee Services 113,914 113,914 -- 10% Contingency on Upgrade Fees 11,400 --11,400 Total $ 182,382 $ 52,229 $ 52,229 $ 286,840 In Fiscal Year 2018-19, sufficient funds have been approved and appropriated in the General Fund budget for this implementation of $182,382. The following years operating costs will be included in the annual budget process. Next Steps Execute agreement with Sum Total System LLC. Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. October 30, 2018 Item #4 Page 2 of 25 Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. Exhibits 1. City Council Resolution October 30, 2018 Item #4 Page 3 of 25 RESOLUTION NO. 2018-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SUMTOTAL SYSTEMS LLC., TO PROVIDE IMPLEMENTATION SERVICES FOR AN UPGRADE TO THE CITY'S TIME AND ATTENDANCE SYSTEM IN AN AMOUNT NOT TO EXCEED $286,840 FOR A THREE YEAR PERIOD. Exhibit 1 WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary and desirable and in the public interest to amend the April 6, 2010 Agreement for Workforce Management System Implementation Services for CyberShift timekeeping software (the "Agreement"); and WHEREAS, Amendment No. 1 to the Agreement was executed on August 12, 2010 and altered the scope of work under the Agreement to provide additional consulting support to the project; and WHEREAS, Amendment No. 2 to the Agreement was executed and became effective on April 6, 2011 and extended the term of the Agreement; and WHEREAS, Amendment No. 3 to the Agreement was executed and effective as of March 29, 2011 and altered the scope of work of the Agreement to provide development services for additional work not contemplated by the Agreement, as amended; and WHEREAS, per the terms of Amendment No. 2 to the Agreement, the parties inadvertently titled the second amendment to the agreement Amendment No. 3; therefore, when the parties executed the third amendment to the Agreement, they titled that later in time amendment as Amendment No. 2; and WHEREAS, Sum Total no longer supports the version of the software the City currently uses; and WHEREAS, unless the City upgrades its outdated version of Cybershift timekeeping software to the current version and installs new time clocks, the City will lose the ability to use the software and the ability to track employee time via a computer based system; and WHEREAS, the current version of the Cybershift timekeeping software is supported by Sum Total and will allow the City to continue using the Cybershift timekeeping software without interruption and will also add new functionality for the City's timekeeping program; and WHEREAS, SumTotal has the technical staff necessary to perform an upgrade of the City's outdated Cybershift timekeeping software to the current version of said software; and WHEREAS, the budget to procure the software and services is available in the General Fund . .._ I 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the authorization to execute an amendment to the Agreement with Sum Total LLC to provide implementation services for a software system upgrade of the City's Cybershift timekeeping program, and, to provide time clock installation services, in an amount not to exceed $286,840, is approved and the City Manager is authorized to execute the Agreement (attached hereto as Attachment A) on behalf of the City. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 30th day of October, 2018, by the following vote, to wit: AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: ABSENT: None. None. (SEAL) 2 AMENDMENT 4 TO THE ONDEMAND SERVICES AGREEMENT TO UPGRADE CITY'S CYBERSHIFT TIME REPORTING SYSTEM THIS Amendment No. 4 (the "Amendment") is made and entered into and effective as of the 31st day of October, 2018, and sets forth a modification to the OnDemand Services Agreement by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Cybershift, Inc., subsequently acquired by Sumtotal Systems LLC ("Contractor") dated April 6, 2010 (the "Agreement."), and incorporates the terms and conditions of the Equipment, Sales, Services and Maintenance Agreement between Sum Total and Customer dated 6 April 2010 for the licensing of the Clocks and Clocks Maintenance licensed under the Order Form, and Professional Services terms and conditions attached hereto as Exhibit C to the Order Form for Professional Services provided under the Statement of Work. RECITALS A. City requires the Services of Contractor. B. Contractor has the necessary experience in providing professional services and advice related to a Cybershift upgrade. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor hereby amend the Agreement as follows: 1. SCOPE OF WORK City retains Contractor to provide additional equipment, license to product/s, and to perform services, and Contractor agrees to render, such additional equipment, products, and services (the "additional Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with the Agreement terms and conditions as amended, the terms and conditions of the Equipment, Sales, Services and Maintenance Agreement between Sum Total and Customer dated 6 April 2010 for the licensing of the Clocks and Clocks Maintenance licensed under the Order Form, and Professional Services terms and conditions attached hereto as Exhibit C to the Order Form for Professional Services provided under the Statement of Work .. 2. STANDARD OF PERFORMANCE While performing the additional Services, Contractor will exercise the reasonable professional care and skill customarily exercised in accordance with industry standards, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of the additional Services are as set forth in Exhibit "A". 4. COMPENSATION The total fee payable for the additional Services to be performed is as specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in Exhibit "A". 5. STATUS OF CONTRACTOR Contractor will perform the additional Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide the additional Services under this Agreement will not be considered employees of City for any purposes. 6. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or ATTACHMENT A October 30, 2018 Item #4 Page 6 of 25 subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 6.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 6.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence and in aggregate Primary and excess liability may be used to fulfill requirements. 6.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 6.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code Employer's Liability: $1,000,000 per incident. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 6.1 .4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 6.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 6.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 6.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 6.2.3 This insurance will be in force during the life of the Agreement. 6.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 6.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 6.5 Submission of Insurance Certificates and Endorsements. City reserves the right to require, at any time, complete and certified copies of any or all required insurance certificates and endorsements. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under the Agreement is hereby changed to: October 30, 2018 Item #4 Page 7 of 25 For City Name Barbara van Rekom Title Project Portfolio Manager Department Information Technology City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-7549 For Contractor Name Christine McNunn Title Customer Sales Director Address 5550 Wild Rose Lane, Suite 200 West Des Moines, IA 50266 Phone No. 515-222-6231 Email christine.mcnunn@sumtotalsy stems.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes • No0 9. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 10. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 11. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 12. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this October 30, 2018 Item #4 Page 8 of 25 Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 13. ENTIRE AGREEMENT The terms of the Agreement, unless specifically amended and/or superseded by the terms of this Amendment, shall remain in full force and effect without change. This Amendment, together with the Agreement, and the terms and conditions of the Equipment, Sales, Services and Maintenance Agreement, and Professional Services terms and conditions attached hereto as Exhibit C embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement and this Amendment, the terms of this Amendment shall supersede. Neither the Agreement nor this Amendment may be amended, modified, waived or discharged except in a writing signed by both parties. 14. AUTHORITY The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of thisAmendment. CONTRACTOR (sign here) h( 1 a \I'--?r\A.s.~ fc_ P ,--(print name/title) v, . hM Vl('_..e_ RLSBAD, a municipal corpor. tion of the State of California By: City Ma r or Mayor or Division Director as authorized by the City Manager) ATTEST: ,,f , / ~ City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A ;R~W/l~t:ttorney BY: t1/ l/UJ__, -------------Assistant City Attorney EXHIBIT "A" ORDER FORM AND ATTACHED STATEMENT OF WORK ORDER FORM 1. SUBSCRIPTION SERVICE CONFIGURATION CLOCKS AND WORKFORCE MANAGEMENT SUBSCRIPTION TERM: / START DATE: 31 OCTOBER 2018 END DATE: 31 MARCH 2021 SOFTWARE MODULES EXISTING ADDITIONAL TOTAL LICENSE COMMITTED COMMITTED COMMITTED TYPE NUMBER OF NUMBER OF USERS NUMBER OF USERS USERS N/A N/A N/A SEE CSM-WFM: UPGRADE STATEMENT (FF): OF WORK YEAR 1 ONLY ATTACHED AS EXHIBIT B WORKFORCE 1,000 100 1,100 MANAGEMENT SUITE-UNIT HOSTED 8657-HW -CLOCKS -0 24 24 UNIT OTHER -YEAR 1 ONLY HOSTED ENVIRONMENT TYPE: SaaS CLOCKS MAINTENANCE SUBSCRIPTION TERM: START DATE: 31 OCTOBER 2018 END DATE: 31 MARCH 2021 SOFTWARE MODULES EXISTING ADDITIONAL TOTAL LICENSE TYPE COMMITTED COMMITTED COMMITTED NUMBER OF NUMBER OF USERS NUMBER OF USERS USERS CLOCKS 0 1 1 MAINTENANCE MAINTENANCE 2. SUBSCRIPTION FEES AND COMMITMENT. Prices stated below exclude freight (for Clocks) and applicable state and local taxes (for Subscription and Services). All hardware is shipped FOB Origin unless otherwise specified in the Equipment Sales, Services and Maintenance Agreement or on this order form. Unless explicitly noted otherwise, all prices provided herein are denominated in the currency of the United States of America ($ or USO). Applicable state and local taxes will be calculated as of the date of invoices issued hereunder. 2.1 CLOCKS AND WORKFORCE MANAGEMENT SUBSCIPTION FEES: I YEAR/TERM I ANNUAL FEES October 30, 2018 Item #4 Page 10 of 25 Y1 (10/31/2018-3/31/2019) $54,122.27 Y2 (4/1/2019-3/31/2020) $45,155.00 Y3 (4/1/2020 -3/31/2021) $45,155.00 TOTAL $144,432.27 The Clocks and Workforce Management Subscription Fees above shall be invoiced annually in advance and are due and payable monthly as follows: Year 1 invoices:: 5 (monthly) invoices will be issued to Customer in advance and such invoices are due and payable on the last day of each month, with the first payment due on November 30, 2018. Year 2 and Year 3: 12 (monthly) invoices shall be issued to Customer annually in advance and are due and payable 1112th of the Annual Subsription Fees due on the last day of each month, with the first payment due on April 30, 2019. 2.2 CLOCKS MAINTENANCE FEES: YEAR/TERM ANNUAL FEES Y1 (10/31/2018-3/31/2019) $2,945.88 Y2 (4/1/2019 -3/31/2020) $7,074.00 Y3 (4/1/2020-3/31/2021) $7,074.00 TOTAL $17,093.88 Clocks Maintenance Fees will be invoiced on the Shipping Date of the above equipment (Clocks) based on the pro-rata fee of $2,945.88 for the period beginning on 10/31/2018 and ending on March 31, 2019. Maintenance shall continue through March 31, 2021 for an annual Maintenance Fee of $7,074.00, which shall be invoiced on April 1, 2019, and April 1, 2020, respectively. 2.3 CSM-WFM: UPGRADE FIXED FEE SERVICES (EXHIBIT B STATEMENT OF WORK): YEAR/TERM ANNUAL FEES Y1 $113,914.00 TOTAL $113,914.00 The CSM-WFM Fixed Fee services set forth above and in the attached Exhibit B will be invoiced in accordance with Section 3.1 of the Statement of Work. 3. ADDITIONAL TERMS TERMINATION OF PREVIOUS LICENSES. Effective 10/31/2018, the parties agree that the Order Form dated 4/1/2018 is terminated and of no further force or effect. The parties agree that invoice number 0000198514 due on 10/31/2018 remains due and payable. The parties further agree that invoices numbers 0000198515, 0000198516, 0000198517, 0000198518, and 0000198519 will be canceled by Skillsoft, and new invoices will be issued in accordance with the payment terms in Section 2 above. No credits will be due for the terminated Order Form. October 30, 2018 Item #4 Page 11 of 25 BILL TO CONTACT PHONE E-MAIL ADDRESS CITY STATE COUNTRY ZIP CODE EXHIBIT A TO THE ORDER FORM City of Carlsbad Barbara Van Rekom (760) 602-2490 barbara.vanrekom(@carlsbadca.gov 1635 Faraday Ave Carlsbad CA us 92008 SHIP TO CONTAC PHONE E-MAIL ADORES CITY STATE COUNTR ZIP CODE T s y City of Carlsbad Barbara Van Rekom (760) 602-2490 barbara.vanrekom@carlsbadca.gov 1635 Faraday Ave Carlsbad CA us 92008 October 30, 2018 Item #4 Page 12 of 25 Table Two -Budgetary Guidance Project Task Fixed Fee Total Cost 1.1 Engagement Management $ 19,488.00 1.2 Project Kickoff $ 2,016.00 2.1 Upgrade of Custom Extensions $ 19,758.00 2.1.1 Remove Reversal from Cost Accounting Interface $ 1,408.00 2.2 DB Upgrade $ 3,344.00 2.3 STS Infrastructure and Environment Validation $ 5,676.00 3.1 DAD Support $ 4,032.00 3.3 PS SME/IC Meeting Time -Implementation Consulting $ 10,080.00 4.1 New Feature Set up Training $ 21,720.00 5.1 Testing & Validation $ 11,952.00 6.1 Go Live Cut Over Preparation and Support $ 10,880.00 7.1 Custom Flex Task Triage $ 1,344.00 8.1 Org Key Interface Updates $ 872.00 9.1 JL Budget Checking Task Triage $ 1,344.00 Estimated Total Fixed Fee $ 113,914.00 *Table does not include Travel Expenses. Fixed Fees for professional services will be invoiced based on the Milestone Schedule below and shall be due and payable 100% net 30 days from the date of invoice. All professional services to be performed by us for each project task will be invoiced as set forth in the Agreement, due and payable 100% net 30 days from the date of invoice. This quote is valid for 60 days from the effective date of this document. Thereafter, our then-currently prevailing rates shall apply. Unless noted otherwise, all prices provided herein are denominated in the currency of the United States of America ($ or USO). The flat fee is to be billed in four installments: 3.1 Implementation Payment Milestones Milestone# Milestone Title Milestone Description Milestone Amount Comments 1 sow SOW Execution -25% $28,478.50 Upon Execution of SOW 2 $28,478.50 Upon completion of unit testing of Successful Completion of unit testing custom components in STS UAT completion of of custom components in environment initial unit testing STS UAT environment -Subject to acceptance criteria as listed in STS UAT 25% below environment 3 Successful Successful Completion of $28,478.50 Upon successful completion of UAT in Completion of UAT in Pre-Prod -25% the Pre-Prod environment UAT in Pre Prod Subject to acceptance criteria as listed environment below 4 Go Live Cutover Successful Deployment to $28,478.50 Upon successful deployment to the the Production Production Environment at Go Live Environment at Go Live -Cutover subject to acceptance criteria 25% listed below Acceptance Criteria For the City of Carlsbad SOW 7, project Deliverables listed above, Customer shall have a period of ten (10) business days from the time a Deliverable is made available for review (the "Acceptance Period") to indicate Acceptance or October 30, 2018 Item #4 Page 19 of 25 Non-Acceptance of the deliverable by providing written notice to SumTotal (email will suffice). If no notice is provided by the end of the Acceptance Period, then the deliverable is deemed Accepted. Acceptance shall not be unreasonably withheld. Non-Acceptance must be based on the failure of a Deliverable to conform to the relevant written specifications. Any requirement or issue other than material defects conflicting with product or specification documentation will be deemed a Change Order and handled using the standard Change Management process herein. Material defects include PO and P1 defects per the severity definitions listed below. If a Deliverable is not accepted, the notice of non-acceptance must specify clear rationale for non-acceptance and Sum Total will have 30 business days to resolve the issues cited in the notice of non-acceptance and resubmit the Deliverable to Customer for an additional ten-day Acceptance Period. If the issues are not resolved, the parties will escalate to executives from each party who will negotiate in good faith to either: (i) Accept the deliverable as-is, (ii) Provide additional iterations and extend the period to resolve the issues, (iii) Conditionally accept such deliverable and develop a remediation plan whereby SumTotal will fix the noncompliance(s) under a mutually agreed upon plan. Issue Severity Definitions: P-0 -Production site outage. Cannot access the live production site. (for Migration customer cannot access stage to complete UAT. (i.e. when SSO is not working)) P-1 -Software or infrastructure issues -limited functionality. No viable workaround and there is a potential business impact. P-2 -Moderate software defect and environment mostly operational. -Workaround available and end user/business impact is minimal. Sum Total will work with Customer to identify a mutually agreeable workaround. P-3 -Minor software defects or functionality questions. -minor application issue, cosmetic issue, documentation gap/questions, product feedback or enhancement request. 4. Modifications to the Statement of Work Project scope and schedule changes will be addressed through the Change Order (the "Change Order") process. Any changes shall be documented, reviewed, and mutually agreed upon by both parties. The Change Order shall document the scope of work and a fee estimate. Implementation of the change shall be factored into the initial project plan and a modified completion date for the project will be detailed, if necessary. 5. Assumptions • Scheduling for professional services to be performed will be based upon a first come first served basis and will be mutually agreed upon by the parties prior to the commencement of the Professional Services hereunder. • Services are provided during regular business hours (8:30 a.m. to 5:00 p.m.PT), not to exceed forty (40) hours per person per week, Monday through Friday, except legal holidays ("Business Hours"). The customer will support SumTotal's holiday schedule. • You shall assign a project manager to this Statement of Work. This project manager will act as the central point of contact for the Professional Services that we will render for this Statement of Work. • We believe the requirements and specifications provided in this Statement of Work are sufficient to allow the work to begin and be completed with a reasonable expectation that the total cost estimate will be realized; however, we cannot, and do not, guarantee the estimate. • The performance of this Statement of Work involves activities to be performed by both parties. If Customer deliverables are not received as scheduled, then completion of this Statement of Work in a timely manner will be jeopardized. Sum Total will notify Customer, should this occur, of the potential impact with regards to additional expenses and/or subsequent schedule changes. • Client will complete validation of all upgraded rules and components. • Client will do initial triage of any issues, and will complete any use cases required for submission to Sum Total. October 30, 2018 Item #4 Page 20 of 25 • Single Sign-On (SSO) Broker implementation is not included in the scope of work for the upgrade. • Customer's current Active Directory external authentication is included in the scope of work for the upgrade. • Communications and discussions related to the scope of this Statement of Work will be conducted and completed in the English language. • Services and documentation will be delivered following SumTotal standard methodologies and templates. Additional requirements to adhere to customer-specific methodologies may result in cost and schedule impact. • Unless otherwise indicated, creation of new reports is not in scope in this Statement of Work. Standard out-of- the-box reports are provided and the client can utilize the JasperSoft Ad Hoc reporting function to create applicable reports. • Unless explicitly listed above, any efforts related to system performance/load testing by the customer is out of scope. If required, this will be scoped and agreed upon separately between SumTotal and the Customer within the context of a Change Order • Customer is responsible for all User Acceptance Testing (UAT) documentation (i.e. test plans, test cases, scripts, and scenarios) and the development and the execution of all testing in relation to UA T. • The branding services which we provide will be limited to replacing the logo and changing the banner colors. Any other branding requirements will need to be defined further and is not included in this Statement of Work. • The scope defined in this Statement of Work stands alone to be delivered without dependency on any future functionality defined or to be added to the product roadmap. • The project is delivered in big-bang approach (one go-live) and is based on expected duration stated above from project start to end. If customer requests additional assistance for future phases, that effort will be agreed upon separate from this Agreement. • All deliverables must be tested/validated in Test or STAGE environment prior to being deployed to Production. • All Custom Extensions must be tested/validated in UAT and ST AGE environments prior to being deployed to Production. • Customer to complete the testing use case definition, creation, execution and validation Quality Assurance (QA) on all core configuration to meet requirements as documented in the Business Requirements Document (BRO), (SumTotal will not perform regression testing.) • Core project team (client) -Customer will provide a core project team capable of accurately articulating and testing all relevant business requirements (i.e. pay policies, interface details, pay codes, etc.). • Implementation Project Management -The Customer Project Manager will be responsible for maintaining the overall project plan to assure adherence to deliverables, communications and milestones. The SumTotal Project Manager will monitor and track progress of all tasks assigned to SumTotal in weekly status reports, and weekly project status update meetings. • Escalation -Customer and SumTotal agree that any project related escalation submissions will be in writing to both the Customer and SumTotal project managers. If required, they will escalate to both project sponsors. Customer Project Manager will log the issue and track through resolution. SumTotal and Customer agree to review and respond to Scope Changes, Deliverable Acknowledgements, Escalated Issues and other official project communication templates within 3 business days. The investigation and implementation of changes may result in modifications to the Estimated Fees, or other terms of this Project. • By client acceptance of this Statement of Work the client understands and accepts that Exclusive Maintenance Support for custom code developed under this SOW is not included in the scope of Services as defined herein. For purposes of clarity and the avoidance of doubt, it is hereby noted that the warranty period for deliverables defined hereunder shall start upon delivery to the client and extend 90 days following delivery of the components in question. Deliverables will be developed to requirements as specified in the applicable Business Requirements Document (BRO) and any defects in deliverables reported to SumTotal within the warranty period will be repaired without additional fees. Standard Professional Services rate will apply following the warranty period. October 30, 2018 Item #4 Page 21 of 25 Appendix A City of Carlsbad Rules, Tasks, Utilities, WebApps, Reports , ..... ! Component Name Component Type Carlsbad Notes I I H RRefreshClient.cmd cmd Run Dyn FlexDaysTask.cmd cmd Run Dyn JLBudgetCheckingTask.cmd cmd Run Dyn JLBudgetUpdate.cmd cmd Run Dyn OrgKeyUpdate.cmd cmd I Run Dyn ProjectAndActivityUpdate.cmd cmd Run Dyn Telestafflnterface.cmd cmd """'" RunCostAccountinglnterface.cmd cmd RunPRCU.cmd cmd RunPRCUTasker.cmd cmd RunSOD.cmd cmd OvertimeBankingParams.java Params ~-· Dyn ClearTimeSheetRuleParams.java Params Dyn CreateTimeSheetRuleParams.java Params WeeklyOvertimeParams.java Params Dyn ResetAdjlndicatorForProtectedTimeRule.java Rule OvertimeBankingRule.java Rule Dyn_ClearTimeSheetRule.java Rule Dyn_CreateTimeSheetRule.java Rule ---··-- Dyn_ResetENTRecordsByOneMinuteRule.java Rule - Dyn_ResetPayrollOffTimeOnShift80Rule.java Rule --•-·""*'"""'"••••-.--............. ., ... _ WeeklyOvertimeRule.java Rule CustomNamespace.Mssql.sql sql lnsertGlobalVariables.Mssql.sql sql lnsertlocalization.Mssql.sql sql lnsertRuleParameters.Mssql.sql sql Dyn_CostAccountinglnterface.java Task Need to change output for intrafund; also excel version Dyn FlexDaysTask.java Task i Does not work Dyn_JLBudgetCheckingTask.java Task Never worked, was supposed to check budget and email if project is over budget at time of entry ,_, ........... Dyn_JLBudgetUpdate.java Task Employees should not be able to select and save inactive projects and org keys in timecards i Dyn OrgKeyUpdate.java Task Update Description I Dyn PRCU.java Task With sorting by empno Dyn ProjectAndActivityUpdate.java Task Update Description Dyn Telestafflnterface.java Task Dyn_CostAccountingOutputRow.java Util Need to change output for intrafund; also excel version October 30, 2018 Item #4 Page 22 of 25 CarlsbadlnterfaceUtil.java Util I CustomPayrollVO.java Util OvertimeBankingConstants.java Util OvertimeBankingUtil.java Util TelestaffConstants.java Util. SetWo rked Data Uti I .java Util WeeklyOvertimeUtil.java Util ReportingAction.java Webapp PdfUtil.java Webapp ReportingUtil.java Webapp ReportingVO.java Webapp activity.jsp Webapp main.jsp Webapp project.jsp Webapp Project Costing Report Webapp May be same as immediately above Q uery T IR 00 t epors REPORT FMLA/IOD Leave Absence REPORT OOC Dates REPORT Accrual Ending Balance Email Police REPORT Accrual Ending Balance Email REPORT Adjustments pdate moddate REPORT Adjustments Vacation Accruals REPORT Clock Data to Duration REPORT Codes REPORT Employee Badge Number REPORT Labor Distribution REPORT Leave Usage 2013 REPORT Leave Usage 2014 REPORT Leave Usage 2015 REPORT Leave Usage 2016 REPORT Leave Usage 2017 REPORT Leave Usage 2018 REPORT Leave Usage Detail REPORT Part-time Hours Balance REPORT Rosters REPORT Shifts REPORT Timecard Check Accrual REPORT Timecard Check REPORT Unpaid Absence REPORT Users REPORT Vacation Absence Public Holiday Setup October 30, 2018 Item #4 Page 23 of 25 EXHIBIT C TO THE ORDER FORM PROFESSIONAL SERVICES This Exhibit sets forth the additional terms and conditions under which SumTotal will provide professional services in connection with the solution provided pursuant to the Statement of Work. 1. Performance of Services. (a) Statements of Work. Each professional services project SumTotal undertakes shall be described in statements of work (each a "Statement of Work") setting forth the agreed upon Statement of Work, Service Deliverables, estimated or actual pricing and any special payment terms and, if applicable, project schedule, Service Deliverables, and estimated delivery dates. Both Parties shall execute each Statement of Work and each is incorporated into this Agreement. If there is a conflict between the terms set forth in this Agreement and a Statement of Work, the terms set forth in the applicable Statement of Work will control. (b) Delivery and Cooperation. Customer acknowledges that Customer's cooperation is essential to the timely performance of SumTotal's services. Customer will, to the extent required in connection with the performance of SumTotal's services: (i) provide SumTotal with any necessary Customer materials; (ii) provide SumTotal with any necessary access to Customer's personnel, facilities or data; (iii) cause the appropriate personnel to cooperate with SumTotal as required for SumTotal to provide SumTotal's services, including responding promptly to questions or issues; and (iv) make all payments when due. Customer's delay or failure to do so may delay the estimated delivery schedules set forth in the Statement of Work. If Customer fails to do any of the foregoing, both Parties will cooperate in good faith to develop a revised written delivery schedule and written Statement of Work or change order signed by both Parties with new pricing. (c) Place of Performance. If SumTotal's personnel, agents or representatives are required to travel to a location other than one of SumTotal's facilities, Customer will pay or reimburse SumTotal upon invoice for all reasonable travel expenses including airfare, ground transportation, lodging and meals for personnel required to travel. SumTotal will adhere to SumTotal's corporate travel policies and provide a copy, if requested by Customer, unless other agreements are made prior to undertaking a project. Services to be provided on-site at Customer's facilities will be scheduled in advance by agreement of each Party. Both Parties will use reasonable efforts to accommodate any requested change in the scheduled dates for on-site services, subject to the availability of appropriate personnel. Customer will also reimburse SumTotal upon invoice for SumTotal's out-of-pocket expenses in connection with the performance of services as set forth in the applicable Statement of Work. At Customer's request, SumTotal will provide receipts or other reasonably satisfactory evidence of such expenses. (d) Qualified Personnel. SumTotal will provide all services in accordance with current industry standards and practices using qualified personnel with the necessary skills, qualifications and experience to provide the Service Deliverables in accordance with the applicable Statement of Work. All personnel providing services will be SumTotal's employees acting within the scope of their employment and under obligation to assign all rights in the Service Deliverables to SumTotal, or will be independent contractors under written obligation to assign all such rights to SumTotal. 2. Services Payment Terms. Customer will pay SumTotal for all undisputed services provided under a Statement of Work. Customer will pay Sum Total for time and materials projects at the then-current prevailing hourly rate set forth in a Statement of Work. Fixed fee rates, if applicable, shall be negotiated between Customer and SumTotal. Hourly rates are subject to change. If applicable, SumTotal will invoice Customer on a time and materials basis at the end of each month at the billing rates set forth in the Statements of Work for work performed on each Statement of Work during the previous month. Such invoices will include a summary of all time expended for each personnel classification providing services during the month. Fixed fees shall be due upon execution unless otherwise stated in the relevant Statement of Work, except that fixed training fees, if any, shall be due upon completion. October 30, 2018 Item #4 Page 24 of 25 3. Changes to Service Deliverables. (a) Changes to Project Scope. Customer may request changes to the scope of a Statement of Work. Any changes to the scope of a statement of work shall result in a change order to such statement of work or a new statement of work. Any scope changes shall be made pursuant to the terms set forth in a Statement of Work, to be mutually agreed upon by the Parties. (b) Changes to Non-functional Elements. Customer acknowledges that certain non-functional or aesthetic elements of the Services Deliverables such as screen displays and user interface design can vary greatly without impact on the functional or performance specifications. SumTotal will incorporate any nonfunctional or aesthetic elements specified in the Statement of Work into the Service Deliverables, and will work together with Customer in the design of such nonfunctional or aesthetic elements. If Customer wants to change the nonfunctional or aesthetic elements of any Service Deliverable which meets the functional and performance specifications and otherwise complies with the Statements of Work, then Customer agrees to compensate SumTotal at a mutually agreed price set forth in a change order or at SumTotal's then current hourly rates for any additional time required to make the nonfunctional or aesthetic elements of the Service Deliverables satisfactory to the specifications provided by SumTotal. October 30, 2018 Item #4 Page 25 of 25 Item #4 -Agreement with SumTotal Systems LLC Agreement with SumTotal Systems LLC •Upgrade to CyberShift, our time and attendance system •Replacement of time clock hardware •Amount not to exceed $286,840 for a three year period •Approved in FY 18-19 General Fund budget: $182,382 •$125,314 for upgrade services •$57,068 for first year maintenance costs •Operating costs for Year 2 and 3 included in annual budget process Why we need it •CyberShift timekeeping software is a critical component to the city payroll system •Current version of CyberShift is no longer supported •Additional functionality •New user interface •Leave of absence request workflow •Time clocks compatible with new employee badges Recommendation Adopt a Resolution authorizing execution of an agreement with SumTotal System LLC, to provide implementation services for an upgrade to the city’s time and attendance system in an amount not to exceed $286,840 for a three year period