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SR 06-13-2023 5D City Council Report City Council Meeting: June 13, 2023 Agenda Item: 5.D 1 of 6 To: Mayor and City Council From: Christopher Smith, Acting Chief Information Officer, Information Services Department, Customer Experience and Support Gigi Decavalles-Hughes, Director, Finance Department, Danny Alvarez, Fire Chief, Fire Department Subject: Approval to Amend Agreement with Kronos, Inc. for Software-As-A-Service (SaaS) and Related Licenses Recommended Action Staff recommends that the City Council: 1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. 2. Authorize the City Manager to combine existing Sales Agreement and Software License Agreement #8417 (CCS) and Software Maintenance and Support Agreement #8434 (CCS) into a single contract for 5 years that would result in a 23-year amended agreement with Kronos Inc. (Kronos), for Software as a Service (SaaS) and related licenses. This will result in a new grand total amount not to exceed $3,425,461 (including 5% in contingency) with future year funding contingent on Council budget approval. Summary The City uses Kronos Workforce Central, an electronic time-keeping system and attendance record processing system, for employee timekeeping and payroll processing. The Fire Department uses Kronos TeleStaff, an automated scheduling solution designed for public safety. TeleStaff optimizes the scheduling, communications, and deployment of public safety personnel and other critical resources. Staff would like to take advantage of a one-time $89,900 incentive to upgrade from the City’s current electronic time-keeping system, Kronos Workforce Central, to Kronos Dimensions. Kronos Dimensions is a modern time-keeping system that would provide a unified 5.D Packet Pg. 126 2 of 6 platform for both TeleStaff and Workforce Central. Staff also requests authority to purchase additional software services necessary to enhance custom integrations into Kronos Workforce Central, transition, add additional security protections, and combine the two existing contracts into one contract to streamline contract management. Discussion The City has used Kronos Workforce Central since 1998. Significant staff and financial resources have been dedicated to customize, integrate, and configure Kronos Workforce Central to support various work schedules and automate overtime calculations supporting a variety of City work schedules. Integration has been developed with the City’s current Financial and Human Resource Capital management system, Tyler Munis, to import employee information into Kronos Workforce Central and export time detail data from Kronos Workforce Central to Tyler Munis to streamline the payroll process. The City also uses Kronos TeleStaff in the Fire Department to make scheduling and communication more efficient while ensuring 24x7 staffing, minimizing compliance risks, and controlling labor costs. Since implementing the TeleStaff solution, staff has worked with the vendor to customize Telestaff to implement requirements resulting from labor negotiations lending to a highly customized product that has improved public safety staff scheduling. Kronos will now incorporate both the Kronos Workforce Central and Telestaff modules into one single cloud-hosted solution called Dimensions. On December 11, 2021, Kronos experienced a ransomware attack and entities all over the world could not process paychecks or access employee records until Kronos could restore their systems in January 2022. This required City staff to manually process all time-keeping functions including recording, approving, calculating, and exports of time data for payroll processing. In the aftermath, Kronos has recommended that all clients migrate to Dimensions and transition from the Kronos Private Cloud (currently utilized by the City) to the Google Cloud. By moving to Google Cloud, employee data is protected by including two-factor authentication and data encryption. The platform also offers a range of security monitoring and detection tools, as well as support for a wide 5.D Packet Pg. 127 3 of 6 variety of security protocols and standards. This new secure platform will be more protective of sensitive payroll data. Kronos has also announced the end-of life for Kronos Workforce Central product as of December 2025. At that time, the product will not be supported by Kronos a nd the City will not have a supported timekeeping system. The current maintenance and support agreement for Workforce Central also ends in December 2023. The upgrade requires a one-time service cost of $139,900, however Kronos has offered a n incentive of $89,900, contingent upon the City approving a new contract by June 30, 2023. The one -time discounted amount to upgrade to Dimensions in FY 2023 -24 is $50,000 plus a one-time Telestaff migration fee of $10,000. The City will pay an annual cost for the ma intenance and support agreement of $151,634 in FY 2023 -24 with no annual increase over the five-year agreement. Vendor Selection In 1998, Council authorized the purchase of a timekeeping and attendance system from Kronos, Inc. Kronos was selected after a competitive bidding process, which resulted in the evaluation of five vendors’ systems for their ability to meet the City’s needs. The Kronos system was selected because it offered the most robust database, extensive real-time reporting capabilities, a hardware and software platform that conforms to the City standards to ensure support by existing personnel and compatibility with other City systems and offered a turnkey solution with on-site and telephonic technical support and a local training facility. In 2004, Council authorized the purchase of TeleStaff, an automated staff scheduling and notification system for the Fire Department. The system was selected after evaluating multiple vendors’ systems for their ability to be customized to fit the Fire Department’s complex call-out requirements, including accommodating for organization specific rules in a decision-making hierarchy to automatically notify staff-via phone and email with the details of their required attendance. In 2014, staff again evaluated employee timekeeping and attendance management systems during the RFP process for the new Enterprise Resource Planning system. However, none of the systems 5.D Packet Pg. 128 4 of 6 evaluated had the robust functionality of the Kronos Workforce Central and Kronos TeleStaff systems and did not integrate attendance data and scheduled time worked into the City’s financial management system. Staff recommends that the City create a new contract with Kronos to continue to provide software licenses and maintenance and support services on a sole source basis for the Workforce Central and TeleStaff products and to migrate to the integrated Dimensions products from Kronos Private Cloud to Google Cloud platform. The current software has undergone years of customization and therefore a proprietary system and Kronos is the only vendor that can provide maintenance and support for its software systems. During the next 5 years, Staff commits to conducting a Request for Information to determine if other platforms can provide the same level of ser vice and customization and, if so, a Request for Proposal will be issued. Environmental Review The contract modification is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The award contract is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The modification will allow the City to continue to utilize its electronic time-keeping and attendance record processing system. Therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA. Past Council Actions Meeting Date Description 5/26/2005 (Attachment A) Authorization to enter into an agreement with Kronos 08/25/2020 (Attachment B) Sixth Modification to Agreement #8417 (CCS) with Kronos, Inc. 5.D Packet Pg. 129 5 of 6 Financial Impacts and Budget Actions Staff seeks authority to approve funding from the General Fund and the Resource Recovery and Recycling Fund to increase the total contract amount and consolidate the previous Contracts #8417 and #8434 with Kronos for time-keeping and public safety scheduling services. Funding will be included in the FY 2023-25 Proposed Biennial Budget. Future year funding is contingent on Council budget approval. Contract Modification Request Agreement # Current Authorized Amount FY23-24 Modified Request Amount Future Years Total Modified Request Amount Account Number Total Amount 8417 $642,912 Various $642,912 8434 $1,900,125 Various $1,900,125 New $7,248 C0105200.689000 $7,248 $40,041 C0106420.689000 $40,041 $2,711 01300001.529230 $2,711 $34,731 $78,088 01190001.529230 $112,819 $112,258 $449,031 01300001.529230 $561,288 $27,345 $109,382 01180001.529230 $136,727 $4,318 $17,272 54500002.529080 $21,590 Total $2,543,037 $228,652 $653,772 $3,425,461 Prepared By: Sreekanth Maddali, Principal Business Process Technology Analyst. Approved Forwarded to Council Attachments: A. Staff Report - 05/26/2005 (Web Link) B. Staff Report - 12/15/98 (Web Link) C. 2017 OAKS INITIATIVE FORM D. 04 Executed Kronos_8434_Mod_5 5.D Packet Pg. 130 6 of 6 E. 04 Executed Kronos_8417_Mod_6 5.D Packet Pg. 131 CITY OF SANTA MONICA OAKS INITI ATIVE NOTICE NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk. This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public off icial from receiving, and a person or entity from conferring, specified personal benef its or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica. All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists f or persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period. In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This inf ormation must be updated and supplied every 12 months. 5.D.c Packet Pg. 132 Attachment: 2017 OAKS INITIATIVE FORM (5696 : Kronos Software-As-A-Service Contract) CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Public benefits include: 1.Personal services contracts in excess of $25,000 over any 12-month period; 2.Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period; 3.Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period; 4.Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period; 5.Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6.Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or 7.Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period. Name(s) of persons or entities receiving public benefit: Name(s) of trustees, directors, partners, and officers: Name(s) of persons with more than a 10% equity, participation, or revenue interest: Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY: Bid/PO/Contract # ____________________________ Permit # ___________________________ 5.D.c Packet Pg. 133 Attachment: 2017 OAKS INITIATIVE FORM (5696 : Kronos Software-As-A-Service Contract) 1 FIFTH MODIFICATION OF SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT NO. 8434 (CCS) This Fifth Modification of Software Maintenance and Support Agreement Number 8434 (CCS) (“Fifth Modification”), entered into as of ______________(“Execution Date”), by and between the City of Santa Monica (“City”), a California municipal corporation, and Kronos Incorporated (“Kronos”) is made with reference to the following: RECITALS A. On or about May 26, 2005, the City and Kronos entered into the Software Maintenance and Support Agreement No. 8434 (CCS) for Software Maintenance and Support (“Original Agreement”). B. On or about December 23, 2008, the City and Kronos entered into a First Modification of the Original Agreement (“First Modification”) to purchase additional software licenses and to add maintenance and support services to the Original Agreement. C. On or about July 24, 2015, the City and Kronos entered into a Second Modification of the Original Agreement (“Second Modification”) to extend the term of the Original Agreement to accommodate the City’s desire to receive maintenance and support services for an additional five years. D. On or about April 20, 2016, the City and Kronos entered into a Third Modification of the Original Agreement (“Third Modification”) to purchase additional software licenses and to add maintenance and support services to the Original Agreement. E. On or about December 28, 2018, the City and Kronos entered into a Fourth Modification of the Original Agreement (“Fourth Modification”) to convert the City’s perpetual Kronos Workforce Central software licenses to Kronos Software as a Service (SaaS) licenses. The Original Agreement, First Modification, Second Modification, Third Modification, and Fourth Modification may be referred to collectively herein as “the Agreement.” F. Concurrent with the execution of the Original Agreement, on or about May 26, 2005, the City and Kronos entered into the Kronos Sales Agreement and Software License Agreement Number 8417 (CCS) (“Original Sales Agreement”) for the purchase of certain software licenses, equipment, and professional services that were the subject the maintenance and support to be provided pursuant to the Agreement. The Original Sales Agreement was subsequently modified by the parties on December 23, 2008, November 6, 2012, July 24, 2015, April 20, 2016, and December 28, 2018. G. The City and Kronos now desire to enter into this Fifth Modification to the Agreement to facilitate the migration of the City’s on-premises Workforce Telestaff Database to the Kronos Cloud and to pay for professional services associated with hosting of the City’s database in the cloud (the “Fifth Modification”). DocuSign Envelope ID: 06581AAB-9E34-4BE7-BE64-34425BF3F0EA 12/23/2020 5.D.d Packet Pg. 134 Attachment: 04 Executed Kronos_8434_Mod_5 (5696 : Kronos Software-As-A-Service Contract) 2 TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows: 1. Section 1(B) of the Original Agreement entitled “Software Support Services” is modified to include the following: Workforce TeleStaff Enterprise Bundle Licenses. Kronos shall provide to City the most current available version of the Workforce TeleStaff SaaS Applications in the Kronos’ hosting environment, as described in the TeleStaff – Software as a Service Terms and Conditions, attached hereto as Exhibit A-5. Kronos shall provide the corresponding software licenses in accordance with the Kronos Order Form dated 6/22/2020, attached hereto as Exhibit B-5. 2. Term. The term for the SaaS licenses covered by this Fifth Modification shall begin on the Billing Start Date as set forth in Exhibit B-5 and shall terminate 36 months thereafter, unless terminated earlier as set forth in the Agreement or extended by the parties in writing. 3. Section 4 of the Original Agreement entitled “Fees and Charges” is modified to include the following: A. For fiscal years 2020/21, 2021/22, and 2022/23, the annual fee for the software as a service required for the Workforce TeleStaff Software and provided to City under the Fifth Modification shall be no more than $14,400.00 per year. B. The compensation paid by City to Kronos for the software as a service rendered to City pursuant to the Fifth Modification shall not to exceed the amount of $49,680.00. C. The total amount of compensation paid by City to Kronos for any and all services rendered under the Agreement and all subsequent modifications shall not exceed $1,900,125.00 unless expressly modified by the parties in writing. 4. Except as expressly modified by this Fifth Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect. DocuSign Envelope ID: 06581AAB-9E34-4BE7-BE64-34425BF3F0EA 5.D.d Packet Pg. 135 Attachment: 04 Executed Kronos_8434_Mod_5 (5696 : Kronos Software-As-A-Service Contract) 3 IN WITNESS WHEREOF, the parties have executed this Fifth Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN APPROVED AS TO FORM: ______________________________ LANE DILG CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE #VENDOR By: ________________________________ DocuSign Envelope ID: 06581AAB-9E34-4BE7-BE64-34425BF3F0EA Interim City Attorney 12/18/2020 George Cardona Order Processing Analyst UKG 12/22/2020 Nicole Dandurant Interim City Manager 12/23/2020 Lane Dilg City Clerk 12/24/2020 Denise Anderson-Warren 5.D.d Packet Pg. 136 Attachment: 04 Executed Kronos_8434_Mod_5 (5696 : Kronos Software-As-A-Service Contract) 4 Exhibit A-5 DocuSign Envelope ID: 06581AAB-9E34-4BE7-BE64-34425BF3F0EA 5.D.d Packet Pg. 137 Attachment: 04 Executed Kronos_8434_Mod_5 (5696 : Kronos Software-As-A-Service Contract) 5 To whom it may concern, The City of Santa Monica has agreed to migrate their On-Premise Workforce Telestaff Database to the Kronos Cloud. An annual payment of $14,400.00 is to be paid to host the Santa Monica Fire Department’s Telestaff database. This includes one Production and Test Environment. Kronos will maintain the servers until expiration of the contract. Workforce Telestaff is used to fairly schedule public safety personnel, manage overtime opportunities, and report findings and discrepancies through the collection of staffing data. Kronos Incorporated (Headquarters) 900 Chelmsford Street Lowell, MA 01851 Tel: +1 (978) 250 9800 Fax: +1 (978) 367 5900 Website: www.kronos.com DocuSign Envelope ID: 06581AAB-9E34-4BE7-BE64-34425BF3F0EA 5.D.d Packet Pg. 138 Attachment: 04 Executed Kronos_8434_Mod_5 (5696 : Kronos Software-As-A-Service Contract) 6 Exhibit B-5 Quote #: Expires: Prepared By: 661759-1 (conversion), 661760-1 (add-on) 7/23/2020 Bryan Driscoll Order Type: Date: Upgrade 6/22/2020 Bill To: Attn: Accounts Payable Ship To: Attn: Laura Smart Santa Monica Fire Santa Monica Fire 333 Olympic Drive, 2nd Floor 333 Olympic Drive, 2nd Floor Santa Monica, CA 90401 Email: Santa Monica, CA 90401 exception@kronos.com Solution ID: 6104398 FOB: Shipping Point Currency: US Ship Method: FedEx Ground Customer PO #: Freight Terms: Prepay & Add Data Center: USA Executive Name: Laura Smart Executive Email: laura.smart@smgov.net Program Manager Name: Laura Smart Program Manager Email: laura.smart@smgov.net Notes: . This order is subject to the terms and conditions of that certain Kronos Sales Agreement and Software License Agreement No. 8417 (CCS) between City of Santa Monica and Kronos dated May 26, 2005, as amended by the First Modification dated December 23, 2008, as also amended by the Second Modification dated November 6, 2012, as also amended by the Third Modification dated July 24,2015, as amended by the Fourth Modification dated April 20,2016, and as further amended by the Fifth Modification dated December 28, 2018. Initial Term: Three Year Billing Start Date: 90 days from execution of Order Form Renewal Term: One Year Payment Terms: Net 30 Billing Frequency (unless otherwise noted, all invoices are due per the payment terms noted above): Applications: Annual in Advance Professional Services: Bill as you go, Monthly in arrears as delivered KnowledgePass & Education Subscription: Upon execution of Order Form The fees for the Applications are invoiced 60 days prior to the Billing Start Date. Kronos will provide Customer read-only ODBC access into Customer’s production and non-production databases for Timekeeper/HRMS over secure connection (e.g. VPN). Customer is responsible for establishing this secure connection to the Kronos Cloud and additional fees for that connection may apply. Kronos may, but is not obligated to, limit or block Customer’s database read-only ODBC queries in order to prevent failure of the database due to overload. Kronos will not pay SLA credits for any Outage that is the result of overloading the database during read-only ODBC access. Overall performance may be limited during peak processing periods, and Customer may need to limit resource intensive read-only ODBC queries to off-peak periods. Customer acknowledges that read-only ODBC over a long distance secure connection is not a reliable protocol for it does not have retry logic built-in to handle connectivity issues. Kronos will not be responsible for any changes required to Customer’s internal systems to account for limitations of read-only OBDC protocol. This order is made as part of a Kronos promotion. All pricing is discounted solely in connection with such promotion and will not be applied to future orders. Customer’s Software Support and Cloud Hosting services, as applicable, for the existing Workforce Central perpetual licenses shall continue, in accordance with Kronos Support policies, for a period of ninety (90) days from execution of this Order Form, and shall terminate thereafter, unless Customer chooses to reinstate Software Support and Cloud Hosting services, as applicable, at applicable fees. Workforce Central SaaS Monthly Service Fees shall be invoiced at the Billing Frequency indicated on this Order Form, commencing on the Billing Start Date. As of the Billing Start Date, Kronos will credit any pre-paid but unused fees for Software Support and/or Cloud Hosting Services on the perpetual licenses, as applicable. Credits may be applied against any amounts owed to Kronos by Customer until such credit is expended. Customer shall pay for Software Support and Cloud Hosting services fees, as applicable, on the perpetual licenses until the Workforce Central SaaS Billing Start Date. APPLICATIONS Item License/Qty PEPM Monthly Price Workforce TeleStaff Enterprise Bundle V7.1 150 $8.00 $1,200.00 Workforce TeleStaff Bidding v7.1 150 $0.00 Included Monthly Total: $1,200.00 CLOUD SERVICES Item Qty Unit Price Monthly Price Read-Only ODBC Access to WFC/HR Database 1 $0.00 $0.00 Total Monthly: $0.00 CORE SMB PROFESSIONAL / EDUCATIONAL SERVICES Item Duration Total Price KnowledgePass SaaS WFC SMB Included Total Price $0.00 Order Form - Workforce Central SaaS for SMB DocuSign Envelope ID: 06581AAB-9E34-4BE7-BE64-34425BF3F0EA 5.D.d Packet Pg. 139 Attachment: 04 Executed Kronos_8434_Mod_5 (5696 : Kronos Software-As-A-Service Contract) 7 BILL AS YOU GO SERVICES Item Qty Rate Billing Role Total Price TSG Professional Services 14 $180.00 Solution Consultant $2,520.00 TSG Professional Services 11 $180.00 Project Manager $1,980.00 TSG Technical Services 12 $215.00 Technology Consultant $2,580.00 Paragon Online Remote Team 4 $180.00 Project Manager $720.00 Paragon Online Remote Team 24 $180.00 Solution Consultant $4,320.00 Paragon Online Remote Team 16 $180.00 Intergration Consultant $2,880.00 Paragon Senior Integration 8 $215.00 Senior Intergration Consultant $1,720.00 Total Price $16,720.00 SUMMARY Item Total Price Monthly Application Fee $1,200.00 Total Monthly Service Fees: $1,200.00 Bill As You Go Services $16,720.00 Total Bill As You Go: $16,720.00 Santa Monica Finance Department By: Name: Gigi Decavalles-Hughes Kronos Incorporated By: Name: Title: Director of Finance Title: Date: July 13, 2020 Date: DocuSign Envelope ID: 06581AAB-9E34-4BE7-BE64-34425BF3F0EA 5.D.d Packet Pg. 140 Attachment: 04 Executed Kronos_8434_Mod_5 (5696 : Kronos Software-As-A-Service Contract) 8 Customer Name: Santa Monica Fire Department SID: 6104398 Customer Contact: Tom Clemo Phone Number: 424-280-0490 Email Address: Tom.Clemo@smgov.net Currency: USD Professional Services Work Order Opportunity ID: SRVCS ONLY Professional Services Objective/Outcome Deliverable PSWO language <1,000ee: Technical Upgrade Service Scope to the Kronos Cloud • Cloud overview • Installation of Workforce TeleStaff (1) PROD and (1) DEV • System Overview • (4) hours of testing support • (4) hours of go live support Assumptions • All services delivered remotely. • Customer is responsible for migration of the database to MS SQL prior to the upgrade. • Each upgrade is considered as “like-for-like” and does not include customizations, configuration, new features or functionality other than what is required by the new version. • Customer is responsible for recreating the tasks in excess of (5). • Customer is responsible for testing the upgraded database in the development environment, not to exceed a (4) week time period and should mimic current end to end persona-based tasks. • The project will be closed after eight weeks if customer testing stalls and forward progress toward go live on the upgraded database ceases. Any additional time required to assist customer will be managed through a mutually agreed upon change order signed by both parties. Budget Professional Services Part # Billing Role Contract Type UOM Qty. Rate Total Price 9990057-PRO Solution Consultant Time and Materials Hours 14 $180.00 $2,520.00 9990057-PRO Project Manager Time and Materials Hours 11 $180.00 $1,980.00 9990079-PRO Technology Consultant Time and Materials Hours 12 $215.00 $2,580.00 Time and Materials Hours $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Professional Services $7,080.00 Sales Executive: Bryan Driscoll Create Date: 6/22/2020 Author: Expiration Date: 7/23/2020 DocuSign Envelope ID: 06581AAB-9E34-4BE7-BE64-34425BF3F0EA 5.D.d Packet Pg. 141 Attachment: 04 Executed Kronos_8434_Mod_5 (5696 : Kronos Software-As-A-Service Contract) 9 Statement of Work for CITY OF SANTA MONICA Services Only_Integration Support Sales Executive David Chetlain Author Tammy Hilsgen Expiration Date 7/23/2020 Quote Number 2020-56797 Revision # 1 Opportunity ID Opp-317247 Status Approved Customer SID 6012149 (c) 2020, Kronos Incorporated and related companies. All rights reserved. CONFIDENTIAL - Not to be disclosed to third parties without specific written consent from Kronos. DocuSign Envelope ID: 06581AAB-9E34-4BE7-BE64-34425BF3F0EA 5.D.d Packet Pg. 142 Attachment: 04 Executed Kronos_8434_Mod_5 (5696 : Kronos Software-As-A-Service Contract) 10 Overview This Statement of Work ("SOW") provides an overview of the project including scope, approach, costs, and how the project will be managed. To support a successful implementation, the customer will provide the required internal project resources. Project Objectives The City is looking to track hours when an employee switches roles. Example Fire Fighter or Fire Prevention moves to working on the floor. Kronos will provide Professional Services to modify the following existing integrations to include one additional field for the purpose of tracking job transfers: • WFC / TeleStaff Bi-directional Integration • Payroll Export from WFC to Tyler Munis Assumption around integration modification is as follows: • The position is already part of the labor structure • Modification of pay policies (pay rules, work rules, schedule rules, overtime rules, pay codes, etc) within WF Timekeeper and WF TeleStaff is excluded from the scope. • Wages remain in Tyler Munis solution, no integration or manual maintain of wages in Kronos • Creation of new integrations are excluded from the scope The scope of the services will include the following: • Professional Services will be delivered remotely; Professional Services are billed as consumed. • A change in project scope may require additional professional services. Additional professional services, if required, will be managed through the Kronos Change Order Process. • Customer understands that all Kronos Consultant time must be scheduled in advance through the Kronos Project Manager with a 1 hour minimum per AC/TC call/event. • Kronos Project Manager is Project Coordination Level: resource, budget and billing management • 2 Workforce Central environments Project duration is expected to be 4 working weeks, based upon our experience with our customers and products. Depending upon the preparation and engagement of your organization, there may be opportunity to complete the project in a compressed duration. However, if project resources are unprepared or unavailable, the duration of the project may need to be extended, increasing the budget required to successfully complete this scope of work. Requests for additional scope or activities outside of this planned project scope may be accommodated through the change process. In this circumstance, Kronos may issue a change order to ensure the appropriate budget is available. Kronos will deliver the scope of this project utilizing a remote approach. Services Investment Summary This SOW represents a time and materials engagement. Travel expenses are not included and will be invoiced separately as incurred. Service Type Professional Services $9,640.00 $9,640.00 DocuSign Envelope ID: 06581AAB-9E34-4BE7-BE64-34425BF3F0EA 5.D.d Packet Pg. 143 Attachment: 04 Executed Kronos_8434_Mod_5 (5696 : Kronos Software-As-A-Service Contract) 11 Signatures and Approvals SUBMITTED AND APPROVED BY KRONOS REPRESENTATIVE By: Title: Date: This Statement of Work is subject to the CITY OF SANTA MONICA's Workforce Central SaaS or perpetual license agreement with Kronos governing Professional and Education Services. By signing below, the authorized CITY OF SANTA MONICA's representative agrees to purchase the services described herein. ACCEPTED AND AGREED CITY OF SANTA MONICA By: Date: July 13, 2020 Title: Director of Finance CITY OF SANTA MONICA may make necessary copies of this document for the sole purpose of facilitating internal evaluation and/or execution of proposed project. Otherwise, the document or any part thereof may not be reproduced in any form without the written permission of Kronos Incorporated. All rights reserved. Copyright 2020. DocuSign Envelope ID: 06581AAB-9E34-4BE7-BE64-34425BF3F0EA 5.D.d Packet Pg. 144 Attachment: 04 Executed Kronos_8434_Mod_5 (5696 : Kronos Software-As-A-Service Contract) 1 SIXTH MODIFICATION OF KRONOS SALES AGREEMENT AND SOFTWARE LICENSE NO. 8417 (CCS) This Sixth Modification of Kronos Sales Agreement and Software License Number 8417 (CCS) (“Fifth Modification”), entered into as of ______________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Kronos Incorporated (Kronos) is made with reference to the following: RECITALS A. On or about May 26, 2005, the City and Kronos entered into a Kronos Sales Agreement and Software License Agreement Number 8417 (CCS) (“Original Agreement”) for the purchase of certain software licenses and equipment. B. On or about December 23, 2008, the City and Kronos entered into a First Modification of the Kronos Sales Agreement and Software License (“First Modification”) for the purchase of additional software licenses and professional services. C. On or about November 6, 2012, the City and Kronos entered into a Second Modification of the Kronos Sales Agreement and Software License (“Second Modification”) for the purchase of additional licenses and professional services. D. On or about July 24, 2015, the City and Kronos entered into a Third Modification of the Kronos Sales Agreement and Software License (“Third Modification”) for the purchase of additional licenses, new software entitled “Workforce Mobile”, and to develop new interfaces and to make changes to existing interfaces for the new Enterprise Resource Planning System. E. On or about April 20, 2016, the City and Kronos entered into a Fourth Modification of the Kronos Sales Agreement and Software License (“Fourth Modification”) for the City’s purchase of additional licenses and professional services. F. On or about December 28, 2018, the City and Kronos entered into a Fifth Modification of the Kronos Sales Agreement and Software License (“Fifth Modification”) where the City purchased from Kronos an upgrade to existing services, including a Knowledge-Pass Education Subscription and upgraded equipment. The parties also agreed to increase the contract price to pay for the additional services and equipment, and the parties incorporated the City’s insurance requirements into the agreement. The Original Agreement, First Modification, Second Modification, Third Modification, Fourth Modification, DocuSign Envelope ID: 02E54955-78A9-433A-ACBC-D7F147F03BB3 12/23/2020 5.D.e Packet Pg. 145 Attachment: 04 Executed Kronos_8417_Mod_6 (5696 : Kronos Software-As-A-Service Contract) 2 and Fifth Modification may be referred to collectively herein as “the Agreement.” G. The City and Kronos now desire to further modify the Agreement to provide for the City’s additional purchase from Kronos of upgraded Telestaff services, professional consulting services and training, and corresponding hardware and equipment. The City and Kronos desire to increase the contract price accordingly to pay for the additional professional services and equipment. TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows: 1. Additional Software Services and Equipment . Section 1 of Agreement shall be modified to include the following additional software services and equipment to be provided to the City by Kronos: 1.1 Workforce TeleStaff Enterprise Bundle V7.1 Software. Kronos shall provide the City with the Workforce TeleStaff upgrade services, training, professional support services, corresponding equipment and hardware, as set forth in the Order Form dated July 13, 2020 and attached hereto as Exhibit A-6. The City’s cost for the software and services stated in Exhibit A-6, and shall be a fixed cost in the amount of $16,720.00 as set forth in Exhibit B-6. 2. Total Amount Not to Exceed. The total amount of compensation paid to Kronos for the Workforce TeleStaff upgrade services, training, professional support services, corresponding equipment and hardware, as set forth in Exhibit A-6 and authorized under this Sixth Modification, shall not exceed the sum of $34,228. Accordingly, the total amount of compensation that may be paid to Kronos for all software, equipment, and services provided by Kronos to the City under the Agreement as subsequently modified shall not exceed Six Hundred Forty-Two Thousand, Nine Hundred Twelve Dollars ($642,912). Kronos shall invoice the City in the manner required by the Agreement and when all software, equipment, and services have been provided to the City. The City will pay undisputed invoices within 30 days of receipt. 3. Additional Exhibits. Exhibits A-6 and B-6, attached hereto, are incorporated into the Agreement. DocuSign Envelope ID: 02E54955-78A9-433A-ACBC-D7F147F03BB3 5.D.e Packet Pg. 146 Attachment: 04 Executed Kronos_8417_Mod_6 (5696 : Kronos Software-As-A-Service Contract) 3 4. Agreement to Remain in Effect. Except as expressly modified by this Sixth Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Sixth Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN APPROVED AS TO FORM: ______________________________ LANE DILG CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE #VENDOR By: ________________________________ DocuSign Envelope ID: 02E54955-78A9-433A-ACBC-D7F147F03BB3 George Cardona 12/18/2020 Interim City Attorney Nicole Dandurant UKG Order Processing Analyst 12/22/2020 Lane Dilg Interim City Manager 12/23/2020 Denise Anderson-Warren 12/28/2020 City Clerk 5.D.e Packet Pg. 147 Attachment: 04 Executed Kronos_8417_Mod_6 (5696 : Kronos Software-As-A-Service Contract) 4 Exhibit A-6 Quote #: Expires: Prepared By: 661759-1 (conversion), 661760-1 (add-on) 7/23/2020 Bryan Driscoll Order Type: Date: Upgrade 6/22/2020 Bill To: Attn: Accounts Payable Ship To: Attn: Laura Smart Santa Monica Fire Santa Monica Fire 333 Olympic Drive, 2nd Floor 333 Olympic Drive, 2nd Floor Santa Monica, CA 90401 Email: Santa Monica, CA 90401 exception@kronos.com Solution ID: 6104398 FOB: Shipping Point Currency: US Ship Method: FedEx Ground Customer PO #: Freight Terms: Prepay & Add Data Center: USA Executive Name: Laura Smart Executive Email: laura.smart@smgov.net Program Manager Name: Laura Smart Program Manager Email: laura.smart@smgov.net Notes: . This order is subject to the terms and conditions of that certain Kronos Sales Agreement and Software License Agreement No. 8417 (CCS) between City of Santa Monica and Kronos dated May 26, 2005, as amended by the First Modification dated December 23, 2008, as also amended by the Second Modification dated November 6, 2012, as also amended by the Third Modification dated July 24,2015, as amended by the Fourth Modification dated April 20,2016, and as further amended by the Fifth Modification dated December 28, 2018. Initial Term: Three Year Billing Start Date: 90 days from execution of Order Form Renewal Term: One Year Payment Terms: Net 30 Billing Frequency (unless otherwise noted, all invoices are due per the payment terms noted above): Applications: Annual in Advance Professional Services: Bill as you go, Monthly in arrears as delivered KnowledgePass & Education Subscription: Upon execution of Order Form The fees for the Applications are invoiced 60 days prior to the Billing Start Date. Kronos will provide Customer read-only ODBC access into Customer’s production and non-production databases for Timekeeper/HRMS over secure connection (e.g. VPN). Customer is responsible for establishing this secure connection to the Kronos Cloud and additional fees for that connection may apply. Kronos may, but is not obligated to, limit or block Customer’s database read-only ODBC queries in order to prevent failure of the database due to overload. Kronos will not pay SLA credits for any Outage that is the result of overloading the database during read-only ODBC access. Overall performance may be limited during peak processing periods, and Customer may need to limit resource intensive read-only ODBC queries to off-peak periods. Customer acknowledges that read-only ODBC over a long distance secure connection is not a reliable protocol for it does not have retry logic built-in to handle connectivity issues. Kronos will not be responsible for any changes required to Customer’s internal systems to account for limitations of read-only OBDC protocol. This order is made as part of a Kronos promotion. All pricing is discounted solely in connection with such promotion and will not be applied to future orders. Customer’s Software Support and Cloud Hosting services, as applicable, for the existing Workforce Central perpetual licenses shall continue, in accordance with Kronos Support policies, for a period of ninety (90) days from execution of this Order Form, and shall terminate thereafter, unless Customer chooses to reinstate Software Support and Cloud Hosting services, as applicable, at applicable fees. Workforce Central SaaS Monthly Service Fees shall be invoiced at the Billing Frequency indicated on this Order Form, commencing on the Billing Start Date. As of the Billing Start Date, Kronos will credit any pre-paid but unused fees for Software Support and/or Cloud Hosting Services on the perpetual licenses, as applicable. Credits may be applied against any amounts owed to Kronos by Customer until such credit is expended. Customer shall pay for Software Support and Cloud Hosting services fees, as applicable, on the perpetual licenses until the Workforce Central SaaS Billing Start Date. APPLICATIONS Item License/Qty PEPM Monthly Price Workforce TeleStaff Enterprise Bundle V7.1 150 $8.00 $1,200.00 Workforce TeleStaff Bidding v7.1 150 $0.00 Included Monthly Total: $1,200.00 CLOUD SERVICES Item Qty Unit Price Monthly Price Read-Only ODBC Access to WFC/HR Database 1 $0.00 $0.00 Total Monthly: $0.00 CORE SMB PROFESSIONAL / EDUCATIONAL SERVICES Item Duration Total Price KnowledgePass SaaS WFC SMB Included Total Price $0.00 Order Form - Workforce Central SaaS for SMB DocuSign Envelope ID: 02E54955-78A9-433A-ACBC-D7F147F03BB3 5.D.e Packet Pg. 148 Attachment: 04 Executed Kronos_8417_Mod_6 (5696 : Kronos Software-As-A-Service Contract) 5 BILL AS YOU GO SERVICES Item Qty Rate Billing Role Total Price TSG Professional Services 14 $180.00 Solution Consultant $2,520.00 TSG Professional Services 11 $180.00 Project Manager $1,980.00 TSG Technical Services 12 $215.00 Technology Consultant $2,580.00 Paragon Online Remote Team 4 $180.00 Project Manager $720.00 Paragon Online Remote Team 24 $180.00 Solution Consultant $4,320.00 Paragon Online Remote Team 16 $180.00 Intergration Consultant $2,880.00 Paragon Senior Integration 8 $215.00 Senior Intergration Consultant $1,720.00 Total Price $16,720.00 SUMMARY Item Total Price Monthly Application Fee $1,200.00 Total Monthly Service Fees: $1,200.00 Bill As You Go Services $16,720.00 Total Bill As You Go: $16,720.00 Santa Monica Finance Department By: Name: Gigi Decavalles-Hughes Kronos Incorporated By: Name: Title: Director of Finance Title: Date: July 13, 2020 Date: DocuSign Envelope ID: 02E54955-78A9-433A-ACBC-D7F147F03BB3 5.D.e Packet Pg. 149 Attachment: 04 Executed Kronos_8417_Mod_6 (5696 : Kronos Software-As-A-Service Contract) 6 Customer Name: Santa Monica Fire Department SID: 6104398 Customer Contact: Tom Clemo Phone Number: 424-280-0490 Email Address: Tom.Clemo@smgov.net Currency: USD Professional Services Work Order Opportunity ID: SRVCS ONLY Professional Services Objective/Outcome Deliverable PSWO language <1,000ee: Technical Upgrade Service Scope to the Kronos Cloud • Cloud overview • Installation of Workforce TeleStaff (1) PROD and (1) DEV • System Overview • (4) hours of testing support • (4) hours of go live support Assumptions • All services delivered remotely. • Customer is responsible for migration of the database to MS SQL prior to the upgrade. • Each upgrade is considered as “like-for-like” and does not include customizations, configuration, new features or functionality other than what is required by the new version. • Customer is responsible for recreating the tasks in excess of (5). • Customer is responsible for testing the upgraded database in the development environment, not to exceed a (4) week time period and should mimic current end to end persona-based tasks. • The project will be closed after eight weeks if customer testing stalls and forward progress toward go live on the upgraded database ceases. Any additional time required to assist customer will be managed through a mutually agreed upon change order signed by both parties. Budget Professional Services Part # Billing Role Contract Type UOM Qty. Rate Total Price 9990057-PRO Solution Consultant Time and Materials Hours 14 $180.00 $2,520.00 9990057-PRO Project Manager Time and Materials Hours 11 $180.00 $1,980.00 9990079-PRO Technology Consultant Time and Materials Hours 12 $215.00 $2,580.00 Time and Materials Hours $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Professional Services $7,080.00 Sales Executive: Bryan Driscoll Create Date: 6/22/2020 Author: Expiration Date: 7/23/2020 DocuSign Envelope ID: 02E54955-78A9-433A-ACBC-D7F147F03BB3 5.D.e Packet Pg. 150 Attachment: 04 Executed Kronos_8417_Mod_6 (5696 : Kronos Software-As-A-Service Contract) 7 Statement of Work for CITY OF SANTA MONICA Services Only_Integration Support Sales Executive David Chetlain Author Tammy Hilsgen Expiration Date 7/23/2020 Quote Number 2020-56797 Revision # 1 Opportunity ID Opp-317247 Status Approved Customer SID 6012149 (c) 2020, Kronos Incorporated and related companies. All rights reserved. CONFIDENTIAL - Not to be disclosed to third parties without specific written consent from Kronos. DocuSign Envelope ID: 02E54955-78A9-433A-ACBC-D7F147F03BB3 5.D.e Packet Pg. 151 Attachment: 04 Executed Kronos_8417_Mod_6 (5696 : Kronos Software-As-A-Service Contract) 8 Overview This Statement of Work ("SOW") provides an overview of the project including scope, approach, costs, and how the project will be managed. To support a successful implementation, the customer will provide the required internal project resources. Project Objectives The City is looking to track hours when an employee switches roles. Example Fire Fighter or Fire Prevention moves to working on the floor. Kronos will provide Professional Services to modify the following existing integrations to include one additional field for the purpose of tracking job transfers: • WFC / TeleStaff Bi-directional Integration • Payroll Export from WFC to Tyler Munis Assumption around integration modification is as follows: • The position is already part of the labor structure • Modification of pay policies (pay rules, work rules, schedule rules, overtime rules, pay codes, etc) within WF Timekeeper and WF TeleStaff is excluded from the scope. • Wages remain in Tyler Munis solution, no integration or manual maintain of wages in Kronos • Creation of new integrations are excluded from the scope The scope of the services will include the following: • Professional Services will be delivered remotely; Professional Services are billed as consumed. • A change in project scope may require additional professional services. Additional professional services, if required, will be managed through the Kronos Change Order Process. • Customer understands that all Kronos Consultant time must be scheduled in advance through the Kronos Project Manager with a 1 hour minimum per AC/TC call/event. • Kronos Project Manager is Project Coordination Level: resource, budget and billing management • 2 Workforce Central environments Project duration is expected to be 4 working weeks, based upon our experience with our customers and products. Depending upon the preparation and engagement of your organization, there may be opportunity to complete the project in a compressed duration. However, if project resources are unprepared or unavailable, the duration of the project may need to be extended, increasing the budget required to successfully complete this scope of work. Requests for additional scope or activities outside of this planned project scope may be accommodated through the change process. In this circumstance, Kronos may issue a change order to ensure the appropriate budget is available. Kronos will deliver the scope of this project utilizing a remote approach. Services Investment Summary This SOW represents a time and materials engagement. Travel expenses are not included and will be invoiced separately as incurred. Service Type Professional Services $9,640.00 $9,640.00 DocuSign Envelope ID: 02E54955-78A9-433A-ACBC-D7F147F03BB3 5.D.e Packet Pg. 152 Attachment: 04 Executed Kronos_8417_Mod_6 (5696 : Kronos Software-As-A-Service Contract) 9 Signatures and Approvals SUBMITTED AND APPROVED BY KRONOS REPRESENTATIVE By: Title: Date: This Statement of Work is subject to the CITY OF SANTA MONICA's Workforce Central SaaS or perpetual license agreement with Kronos governing Professional and Education Services. By signing below, the authorized CITY OF SANTA MONICA's representative agrees to purchase the services described herein. ACCEPTED AND AGREED CITY OF SANTA MONICA By: Date: July 13, 2020 Title: Director of Finance CITY OF SANTA MONICA may make necessary copies of this document for the sole purpose of facilitating internal evaluation and/or execution of proposed project. Otherwise, the document or any part thereof may not be reproduced in any form without the written permission of Kronos Incorporated. All rights reserved. Copyright 2020. DocuSign Envelope ID: 02E54955-78A9-433A-ACBC-D7F147F03BB3 5.D.e Packet Pg. 153 Attachment: 04 Executed Kronos_8417_Mod_6 (5696 : Kronos Software-As-A-Service Contract) 10 Exhibit B-6 BUDGET Product Price TeleStaff Bundle Upgrade Services $16,720.00 TeleStaff Professional Services, Training, Hardware $13,044.00 Contingency $4,464.00 Total Amount for Sixth Modification $34,228.00 Total Contract Not to exceed $642,912.00 DocuSign Envelope ID: 02E54955-78A9-433A-ACBC-D7F147F03BB3 5.D.e Packet Pg. 154 Attachment: 04 Executed Kronos_8417_Mod_6 (5696 : Kronos Software-As-A-Service Contract)