SERVICE AGREEMENT TO ASSIST IIN PEOPLESOFT PROJECT
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SERVICE AGREEMEN~
This Agreement, to be effected as of the~ day of July, 1997, by and
between the City of Clearwater, P. O. Box 4748, Clearwater, Florida 33758
("Company") and Soft Link, Inc., Cope Avenue Professional Building, 1714 E.
Cope Avenue, Maplewood, Minnesota 55109, a Minnesota corporation:
WITNESSETH:
WHEREAS, Company is desirous of retaining Soft Link, Inc. to perform
the services described in this Agreement; and
WHEREAS, Soft Link, Inc. desires to perform these services in
accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, Company and Soft Link, Inc. hereby agree as
follows:
1. Term:
The term of this Agreement shall be See Schedule A. unless modified
by mutual consent.
2. Termination:
Either party to this Agreement may terminate the Agreement with or
without cause by giving fourteen (14) days' written notice to the other party by
either personal service or United States First-Class Mail, effective upon mailing.
3. Services:
In consideration of the Fee described in paragraph 4 of this Agreement,
Soft Link, Inc. will provide such computer programming services, as described in
Schedule A attached hereto, as are requested by Company ("Services").
4. Fee:
Company shall pay Soft Link, Inc. a fee based upon Schedule B attached
hereto. All payments shall be made pursuant to the Florida Prompt Payment Act
(F.S. 218.70 et.seq.).
5. Non-exclusive Aareement:
a) Company acknowledges that Soft Link, Inc. may be and could be
performing services for businesses other than Company including, without
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limitation, other computer software companies. This Agreement shall not prohibit
Soft Link, Inc. from representing or performing programming services for such
other businesses, so long as such representation does not materially affect the
services provided herein.
6. Copvriahts:
a) Soft Link, Inc. shall promptly disclose to Company the products of its
work hereunder, and those products will be deemed to be a "work made for hire";
and Company shall be considered to be the entity for whom the work was
prepared under the copyright laws of the United States.
b) Soft Link, Inc. hereby agrees to transfer to Company the entire right,
title and interest to any copyrights and any work which may not be deemed "work
made for hire" under the copyright laws, but which is produced by Soft Link, Inc.
in accordance with the terms of this Agreement. Soft Link, Inc. further agrees to
execute any documents which may be necessary or appropriate to allow
Company to perfect its interest in the copyright for such works.
7. Confidential Information:
a) "Confidential information" means all information which is disclosed to
Soft Link, Inc. which relates to Company's past, present or future research,
development and business activities, to the extent permitted by law. Soft Link,
Inc. shall hold all such confidential information in trust and confidence for
Company and agrees that it will not, during the performance or after the
termination of this Agreement, disclose to any person, firm or corporation, or use
for its own business or benefit any information obtained by Soft Link, Inc. while in
execution of the terms and conditions of this Agreement.
b) Upon termination or expiration of this Agreement, Soft Link, Inc. shall
return to Company all written or descriptive materials or any related matter of any
type which contain any such confidential information.
8. Insurance:
Soft Link, Inc. agrees to maintain such insurance as will fully protect both
Soft Link, Inc. and Company from any and all claims under any worker's
compensation act or employers' liability laws, and from any and all other claims
of whatsoever kind or nature for the damage to property or for personal injury,
including death, made by anyone whomsoever, that may arise from the negligent
or intentional acts of anyone employed by Soft Link, Inc. in connection with the
performance of the Services.
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9.
Entire Agreement:
This contract maintains the entire Agreement between the parties and
shall, as of the effective date hereof, supersede all other agreements between
the parties. The parties stipulate that neither of them has made any
representation with respect to the subject matter of this Agreement or any
representations including the execution and delivery hereof except such
representations as are specifically set forth herein and each of the parties hereto
acknowledges that they have relied on their own judgment in entering into this
Agreement.
1 O. Mod ification of Contract:
No waiver or modification of this Agreement or of any covenant, condition,
or limitation herein contained shall be valid unless in writing and duly executed
by the party to be charged therewith and no evidence of any waiver or
modification shall be offered to received in evidence in any proceeding,
arbitration, or litigation between the parties hereto arising out of or affecting this
Agreement, or the rights or obligations of the parties hereunder, unless such
waiver or modification is in writing, duly executed as aforesaid, and the parties
further agree that the provisions of this section may not be waived except as
herein set forth.
11. Forbearance No Waiver:
Forbearance or neglect on the part of either party to insist upon strict
compliance with the terms of this Agreement shall not be construed as or
constitute a waiver thereof.
12. No Partnership:
Nothing in this Agreement is intended to, or shall be deemed to, constitute
a partnership or joint venture between the parties.
13. Assianment Restricted:
Neither party may assign this Agreement in whole or in part without the
written consent of the other party.
14. Warranty: Limitation of Liabilitv:
Soft Link, Inc. warrants that the services provided shall conform to the
specifications provided by the Company and shall be performed with good
professional practice and the state of the art involved. Soft Link, Inc. shall not be
liable for any direct, incidental or consequential damages, such as, but not
limited to, loss of anticipated profits or benefits.
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15. Indemnitv:
Nothing contained herein shall constitute a waiver by Company of its
sovereign immunity and the limitations set forth in Section 768.28 Florida
Statutes.
16. Attorneys Fees and Jurisdiction.
Both parties agree that if any litigation arises out of this Agreement, the
prevailing party shall be entitled to attorneys fees and costs as determined by a
court of competent jurisdiction in Pinellas County, Florida.
IN WITNESS WHEREOF, Company and Soft Link, Inc. have executed
this Agreement to be effective on the date first above written.
CITY or CLEARWATER, FLORIDA
By: llr .
Michael J. Roberto
City Manager
Approved as to form and
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Paul Richard Hull
Assistant City Attorney
Attest:
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Cynth E. Goudeau -
City C rk _ _
SOFT LINK, INC.
By: ~a1J-s;~7
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SCHEDULE A
Soft Link, Inc. will provide the services of consultant Mike Grec to assist the City
of Clearwater on its PeopleSoft project. Service will consist of technical work to
be done remotely and on-site by Mr. Grec beginning:
Service will begin on July 17, 1997, and be completed no later than
September 11,1997.
Liquidated Damage Provision:
Because the actual damages that the City would sustain if Soft Link, Inc.,
breaches its obligation under the above provision regarding services are
uncertain and would be difficult to ascertain accurately, the parties agree in good
faith, and not withstanding any other provision of this agreement, that the sum of
$1,000.00 for each day after September 11, 1997, that the project is not
completed would be reasonable and just compensation for the harm caused by
such nonperformance. Therefore, Soft Link, Inc., promises to pay and City
agrees to accept said sum as liquidated damages, and not as a penalty, in the
event of a breach of that obligation. Soft Link, Inc., shall not be liable for
damages arising out of delays or breach due to occurrences beyond the its
control, such as, acts of God or delays caused by the City of Clearwater.
SCHEDULE B
City will pay Soft Link, Inc. for the services provided according to the following
schedule:
On-Site Remote Work at City of Clearwater:
Mike Grec
$110 per hour, plus expenses
a. Soft Link, Inc. will invoice the City of Clearwater. Services will be
invoiced monthly for actual services received that month, with terms
being net due in 30 days.
b. City will reimburse Soft Link, Inc. for necessary and reasonable travel
expenses actually incurred not to exceed the following amounts:
Round-trip Air Fare- $600.00
Hotel/Motel Room - $170.00 per night
Per Diem/Meals - $ 25.00 per day
Car Rental - $ 45.00 per day
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Unknown
From:
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Sent:
To:
Subject:
Mike. M.G.Grec@PITTSBURGH .FINANCE.MELLON.sprint.com[SMTP: Mike.M.G.Grec@
PITTSBURGH .FINANCE.MELLON. sprint.com]
Friday, June 27. 1997 12:45 PM
X400 -00000001.
FYI
Topic:
Font
End System - City of Clearwater
Background:
40/37.5 Hour (regular) Employees
All City employees (with the exception of firefighters) get paid
overtime for all hours worked
over 40 hours. Standard work schedule for these employees is 8 (or 7.5
hours) 5 days per week. Some employees work on 4 day/10 hour schedule.
This presents some limited challenges which will be listed under Open
Issues - Pay Raises.
FLSA for regular employees is calculated on a 7 day period. The seven
day period is based on the start and end date of the pay period. The
front end will prompt for the pay period end date: take this date;
subtract 14 days and add seven days to get the start and end date for
each of the 2, seven day FLSA periods that occur in a 2 week pay period.
Once these parameters are established. the FLSA logic is the same as
described for the Fire Department (below).
Firefighters
The firefighters are assigned to one of three shifts. Each firefighter
works nine, 24 hour shifts per 27 days. After extensive discussion
we do not see any need to track the shift schedules or shift
assignmen1s. For the purpose of paying the Firefighters, it does not
matter what shift they are on.
The front end will recognize a firefighter based on job code. If the
job code indicates that a person is a firefighter, the front end will
assume that they have a default 216 sweat hours for the 27 day FLSA
period (or.... 56 hours per biweekly pay period),
The front end will need to track a repetitive. 27 day schedule. The
purpose of the schedule is to know the start date and end date of each
27 day FLSA pay cycle. The 27 day FLSA cycle is not correlated with the
City bIWeekly pay period start aM end dates.
Data Entry - Fire and Regular Employees
The payroll preparers will enter only EXCEPTION hours into the front
end. rapid time entry screen (to be described in detail later...). An
exception is defined as any TIME and/or DOLLARS that affect regular or
FLSA pay calculations. The exception data needs to be stored in the
exception data file for future use by the front end system during FLSA
calculations, for reporting and to pass to PeopleSoft.
Front End Data Collection Details
Entering Exceptions
Payroll preparers will use the rapid time entry screen to enter many
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different types of earnings. Some earnings are ?f1at earnings., meaning
the earning is associated with a specific amount of money. For example,
stand by pay = $50 flat payment. The flat rate amounts should be pulled
in from the earnings table.
Earnings such as mileage may also be entered - in this type of earning,
the payroll preparer enters the earnings code for mileage AND enters in
the $$ amount of the earning.
Any time, above and beyond normal scheduled work hours, is also entered
via the front end. We recommend that it be entered as an earnings type
of .extra hours.. We want to avoid calling it ?overtime" as we want the
system, not the payroll preparer, to determine whether the hours are to
be paid at straight time or OT rates.
Other types of activities that would be entered via the front end
include vacation time, sick leave, funeral leave and any other types of
exception hours. A list of all earnings codes is attached for reference.
Exception Data File
This file will store the Employee 10, earnings code, # hours worked,
amount paid(ONL y jf the exception entry is a ?flat amount. earnings
code) . the date the exception occurred, pay end date. and general
ledger coding.
This data will also need to be collected for fiche, and for possible
future use for generating reports and writing to tape.
FLSA Calc Routine
For regular (37.5/40 hour) employees, the FLSA calc routine needs to run
after time entry is complete for each pay period.
For firefighters, this routine should be scheduled to run via the
process scheduler, on an automated basis, every 27 days.
The FLSA routine reads the EXCEPTION data file. This file will contain
ONLY exception information for the employees. The following example
illustrates how the FLSA calculation should function for City
firefighters, however, the logic is the same for regular employees
(although the numbers will be different):
EXAMPLE:
216 default standard sweat hours @ $10.00/hour regular rate
Exceptions entered: 4 hours call back pay @ $15.00 (regular premium
OT)
3 of these hours are sweat hours
1 is work-no-pay (not sweat hours)
$200 flat rate acting pay
Total Hours: 220
FLSA Hours Calculation: 219 sweat hours (220. 1 hour work no pay)
MINUS 204 Federally determined FLSA cut off
EQUALS 15 hours FLSA = time to pay
FLSA Rate Calculation~
Determine what he was already paid:
219 sweat hours. $10 regular rate = $2190 regular pay
PLUS flat rate acting pay 200
Total already paid employee $2390 PAlO
Determine FLSA = rate of pay:
$2390 (amount already paid) divided by 219 (sweat hours)
eQUALS $10.91/full hour or $5.46 FLSA = time rate
Calculate FLSA OT to Pay:
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15 FLSA hours
. 5.46 FLSA = time rate
$81.90 FLSA pay
MINUS 20.00 (1/2 the REGULAR rate · # of hours OT already paid)
MINUS (Holiday pay IF the fire fighter WORKED the
holiday/identified by earnings code)
EQUALS $61.90 FLSA overtime due to the employee (if this is a negative
number we do not take any money back from the employee since we pay
OT based on 56 hours but calc FLSA based on 27 days)
At the end of the NEXT FLSA period (regardless of whether it is a 7 day
FLSA period or a 27 day FLSA period), to avoid counting prior FLSA
hours in the subsequent FLSA calculation) when the system reads the
?exception data. file, it should IGNORE all entries with an earnings
code of automatic FLSA.
Fire Department Holiday Handling
All fire fighters get holiday pay whether they physically worked the
holiday or not. The data entry preparer will enter an exception entry
for each firefighter. Some hOlidays are entered at 11.2 hours and some
are 16.8 hours based on union contract. If the firefighter did NOT
physically work the holiday, the $ earned and hours entered for the
holiday are NOT taken into account in the FLSA overtime.
If the firefighter physically WORKED the holiday, you do the entire FLSA
calculation per the example above. HOlidays have NO EFFECT ON FLSA
HOURS. At the end of the calculation, the dollars paid to the
firefighter for the holiday will be SUBTRACTED from the FLSA dollars
that we owe him/her.
(Yes. this calculation means a fire fighter does not benefit financially
from physically working a holiday. That is how it works!)
Firefighter Floating Holidays
Fire fighters get paid for floating holidays if they do not take them by
the end of the fiscal year. They get 4 floats per year. This pay does
not effect FLSA dollars or hours.
Firefighters Swapping Shifts
Firefighters may choose to swap a shift. This is an agreement between
the 2 people swapping. If there is any associated effect on pay, the
payroll preparer will calculate and enter the appropriate pay with the
correct earnings code. The front end will not have to do anything
special with these people.
Firefighters Changing Shifts
Changing a fire fighter*s work schedule from A shift to C shift, for
example. may add a day of work to his schedule. If this occurs, the
payroll preparer will enter the appropriate ?extra hours* in to the
front end and the system will handle it as it would any other extra
hours entry. No special handling required.
Raises
If an employee gets a raise (step increase) during a pay period. the
RATE used in the FLSA calculation is based on the current rate as seen
in the employees record when the FLSA calculation is run.
Time Entry Corrections
If there are hours Worked/eamings correction to be made for a PRIOR
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FLSA calculation period, you do NOT have to go back and recalculate
FLSA.
If there are hours worked/earnings corrections for the CURRENT FLSA
period, It WILL be in the tracking data file and considered in the FLSA
calc when the FLSA calc is run.
GL Coding - All Employees
Payroll preparers may need to charge certain earnings to a G/L code that
differs from the default employee job code GL code. They will need a
way to enter this data via the rapid time entry screen.
We suggest th~t the main rapid time entry panel contain a button that
the user can click to access a GL sub panel, Also allow the use of
the standard windows keyboard select sequence to get to the sub panel,
This GL entry sub panel will display the default GL # associated with
the employee saved in the last default buffer row. The system will need
to read the OBJECT portion of the GL number from the earnings file and
overlay prior to displaying the GL #. The 3rd and 4th positions of the
6 position object number, located in the earnings code record, may
contain ?XX-, We need to replace it with a correct Object code in order
to validate the GL number later, If you see an -xx.. in these positions,
please write over the XX with the correct numbers from the employee job
record (either an 01 or 02). If you do not see an XX in these
positions, you can display the entire object number from the earnings
code record. The number should be displayed segmented as follows:
xxx XXXXX XXXXXX XXX XXX
Fund DepartmentObject (from earnings) FunctionActivity
Position 3 & 4 may be xx
The OBJECT should be grayed out - do not allow the user to enter or
change it.
The user should also have the option of doing a control F4 to do a
partial key search on the GL number by entering the fund and department
and selecting the correct GL number.
The user may change the fund. department. function and/or activity
fields. After code is entered (or selected via key search) the front
end needs to validate the code. If it is invalid, display the message
-invalid GL number* ; redisplay the original default number and let the
user try again.
Design of Data Entry Screen
We reviewed the draft design that you faxed to us. We need to add:
Work Date: Month
Day
Year
to the top of the screen and to each data entry line. This information
will be replicated into every line entry. The data entry person needs
to have the ability to change any or all of these data on the data entry
line. If this information is changed, replicate the NEW information
until you bring up a new screen OR until the data entry person changes
it again.
Edits
Need ability to scroll FORWORD and BACK to look at entries.
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Earnings Code field needs to have a drop down window to display earnings
code options.
If the earnings type has AMOUNT ONLY turned ON, allow the user to enter
an amount in the ?earnings. column. Other wise, grayout the ?earnings
amount- field and do not allow data entry into the field,
We need reasonable date checks on date fields.
Leave balance edits - to be discussed. Some leave balances have a
MINIMUM that the payroll preparer needs to be warned about (e.g., if you
do not have enough sick leave or vacation leave). Other leave balances
have a maximum cap that cannot be exceeded - for example, if the
pre parer needs to know if an employee is reaching a limit on military or
comp time taken.
Security for pay entry -limit payroll preparers to selected
Departments?
OPEN ISSUES - NEED MIKE GREC.S ADVICE ON HOW TO HANDLE THESE ITEMS
Are we using the best method to determine the REGULAR Hours Worked?
How do we properly set up the radio buttons on the earnings to handle
FLSA for us?
We are making the assumption in our front end logic, that the fire
fighters work 216 per 27 day period. The reason we make the assumption
is because it eliminates the need to develop a 27 day fire department
scheduling system. Is this the most sound approach, or should we be
starting at zero and build the number of regular hours worked? Our
approach to this effects not only the front end design, but how we use
the FLSA buttons on the earnings codes. If we make the 216 hour
assumption, we will need to add a PLUS or MINUS radio buttons to the
earnings codes so that the system will know whether to add or subtract
the earnings from FlSA calculations. This appears to be in
contradiction with the generic PeopleSoft design and is a custom mod
that we will have to track forever. It also prevents us from ever using
the generic PeopleSoft Fl5A routines in the future.
Can we turn off the FLSA on the company set up screen and use the radio
buttons as we see fit? Will this have any -hidden" effect on the
system?
People 50ft seems to start at zero and build hours from there, with the
earnings FlSA radio buttons indicating whether to include the earning in
the FLSA calculation. and if so, in what capacity to include it There
is no option for plus or minus - if the FLSA button is OFF the earning
is not included in FLSA calc. If it is on, you can tell the system
whether to include hours. dollars or both in the FLSA calculation. We
have no ability to build the hours from zero and could not come up with
a clean, cost effective way to do so.
Do you think our .assumed hours. assumption is the best solution or is
there a better way ?
Shift Changes - Regular and Police Employees
Police employees receive either 5% or 7% shift pay if they work 2nd or
3rd shift. respectively. CWA employees receive .40/hour for working any
shift other than 1 Sl. Employees may change from one shift to another
in the middle of a week. (The term ?shift. used here is not related to
the Fire Department shifts.)
We have set up PeopleSoft with shift differential as an additional pay.
This means the system will automatically pay the additional pay for eo
hours every pay period without additional user intervention. The
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prOblem is. if somebody changes shifts in the middle of the week, how do
we prevent the person from being paid once for being on the original
shift and again for being on the ?new" shift? Since PeopleSoft
summarizes and pays by pay period (not by individual dates) , there is
no way for the system to know to pay 5% for 3 days and 7% for 2 days,
for example. We are trying to also avoid forcing the payroll preparers
from doing manual calculations to address this issue. We are open to
your ideas!!
New Fire Employees
New Fire Dept. personnel work a standard 8 hours per day/40 hour week
for the first week and move to 24 hour per day shifts after that. This
happens about 2 times per month right now, but is escalating due to a
large number of retirements in the next couple years. This effects FLSA
and sick/vacation accruals. Our idea is to have a job code for 40 hour
fire employees. A new employee would be assigned to this 40 hour code
for the 15t week and moved to a regular fire code after that. Would
that be a suitable solution or is there a better way?
Light Duty People
People who are injured are placed on ?light duty" work until they are
able to return to their real job duties. In the case of Fire people, it
means they move from 24 hour/day schedule to 40 hour/aO hour per pay
period schedule. Their rate of accrual of sick and vacation are
adjusted accordingly. When they return to regular status, the accruals
have to be adjusted again. Our idea is to have a job code for Light
Duty work. This jOb code will have accrual rates based on 40 hour
week. When the person goes back to 24 hour shifts. the hours they
accrued while on light duty would have to be manually adjusted to
reflect the 24 hour rate (since 24 hour people use sick leave and
vacation as 24 = 1 day and accruals are on a one to one basis). Does
this sound like the best way to approach thiS? Will this be OK even if
we eventually start USing position control?
Pay Raises
How do we handle pay raises for people working 4/10 hour days? We are
set up to have 5 day work week as the standard. You can only have one
standard in PS. The proration of raises will not work correctly if a
person receives a raise in the middle of the pay period. The system
will try to prorate the raise based on a 5 day work week, and will not
pay the correct number of hours of old VS. new rate. We are trying to
have only one pay group in our system.
What do you suggest to resolve this?
Police Subcodes
Currently, the Police may enter ?subcodes" into the rapid time entry
screen. These are 4 position codes that are used by the Police for job
costing (for example, charging time to grant projects and charging the
local high schools for Police services). This coding is above and
beyond the GL coding.
We need an additional field on the entry screen that would display ONL Y
for Police Department employees. This data will need to be collected
and available to generate reports for billing and budget purposes.
What would be the cost of adding this to the front end system?
People50ft FL5A Calculation
Just so you know, we did turn on FLSA in PS and calculated payroll for
our 40 hour employees. Although the PS logic is correct based on the
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.. minimum required by FLSA Federal Law, it will not work for us. Some of
our additional pay amounts must be included in order to calculate our
base hourly amount to correctly compute overtime (as required in union
contracts). We used hourly pay instead of shifts in PS, as you are
only allOwed to have 1 shift per employee in PS. If we could assign
multiple shifts per person, than the PS generic FLSA logic would work
for us.
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