PROVIDE CONSULTING SERVICES FOR INTEGRATION AND IMPLEMENTATION OF PEOPLESOFT'S RECRUIT WORKPLACE SOFTWARE
CONSULTING SERVICES AGREEMENT
This AGREEMENT made this .12. day of November 2003, by and between the City of
Clearwater, Florida (City), a Florida municipal corporation, P. O. Box 4748, Clearwater Florida
33758-4748, and Moore Integrated Solutions, Inc., (Consultant), a Florida corporation, 222
West Highland Drive, Lakeland, Florida 33813.
WHEREAS, City desires to have Consultant provide consulting services for integration
and implementation of PeopleSoft's Recruit Workplace software (the Project) described in
Exhibit "A", and Consultant is qualified by experience to provide integration, software, training,
documentation and support services described herein; and
WHEREAS, Consultant agrees to provide the consulting services described in Exhibit
"A", under the terms and conditions of this Agreement; and
WHEREAS, City accepts Consultant's proposal to provide services as described in
Exhibit "A", on a "not to exceed" Agreement for thirty seven thousand dollars ($37,000.00);
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, City and Consultant do hereby incorporate all terms and
conditions in Exhibit "A" and mutually agree as follows:
1. SERVICES. Consultant agrees to provide integration services as specified more
fully in, and under the terms and conditions described in Exhibit "A", attached hereto and
incorporated herein by reference, beginning on the commencement date and continuing until
the end date as specified herein.
2.
TIME OF PERFORMANCE/TERM OF AGREEMENT.
The term of this
Agreement shall commence as of the date of this Agreement as set forth above, and shall end
May 3, 2004, unless terminated prior to said date as provided herein. The work product
described in Exhibit "An shall be complete on or before May 3, 2004.
3. REPORTS. Consultant agrees to provide to City reports on the Project upon
request by the City and upon completion of the Project.
4. COMPENSATION. The City will pay Consultant a sum not to exceed
$37,000.00, inclusive of all reasonable and necessary direct expenses as described in the cost
estimate attached as Exhibit "A". City is not responsible for Consultant out-of-pocket expenses.
The City may, from time to time, require changes in the scope of the project of Consultant to be
performed hereunder. Such changes, including any increase or decrease in the amount of
Consultant's compensation and changes in the terms of this Agreement which are mutually
agreed upon by and between City and Consultant shall be effective when incorporated in
written amendment to this Agreement.
5. METHOD OF PAYMENT. During the term of the Agreement Consultant shall
submit an Invoice for Services to City as described in Exhibit "A", and City agrees to pay after
approval ofthe City Project Manager under the terms of the Florida Prompt Payment Act F.S.
218.70. Payments of thirty seven thousand dollars ($37,000.00) shall be made in one-third
(1/3) increments: 1/3 upon initial City signature, 1/3 upon Human Resources approval of
Conference Room Pilot (CRP) business processes, and 1/3 upon Human Resources final
approval of project completion.
6. NONSOLlCITATION. Each party agrees not to solicit for employment, or hire any
employee of the other party for a period of two (2) years from the completion of the last
Statement of Services on which such employee worked or with which such employee was
involved.
7. CONFIDENTIAL, PROPRIETARY INFORMATION AND PROPERTY RIGHTS.
Consultant agrees that all information concerning City's business is "Confidential and
Proprietary Information", and Consultant agrees that it will not permit the duplication or
disclosure of any such Confidential and Proprietary Information to any person (other than an
employee of Consultant who must have such information for the performance of its obligations
hereunder), unless such duplication, use or disclosure is specifically authorized in writing by
City. "Confidential and Proprietary Information" is not meant to include any information that, at
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the time of disclosure, is in the public domain unless the entry of the information into the public
domain is a result of any breach of this Agreement. Consultant agrees that any and all patent
rights and copyrights arising out of the programming and software development performed
pursuant to or as a result of this Agreement shall be the property of the City, who shall have the
sole right to seek patent, copyright, registered design or other protection in connection
therewith. The Consultant agrees that any software, codes, scripts, documentation or modules
that are custom development for City shall be property of City, for its exclusive use and
possession and shall not be used, leased or resold by Consultant without the express
permission of City and Agreement as to financial consideration. If Consultant improperly
discloses said information, Consultant shall reimburse City for all court costs, attorney fees,
fines or other impositions incurred by City in City's efforts to obtain a protective order or other
appropriate remedy. This section shall survive the termination of this Agreement.
8. RIGHT OF CITY TO REJECT CONSULTANT EMPLOYEES. City shall have the
right to reject without penalty any Consultant employee(s) (a) whose qualifications or
performance, in City's good faith and reasonable judgment, do not meet the standards
established by City as necessary for the performance of the Services, or (b) who fail to comply
with the policies and procedures of City, such policies and procedures having been provided to
Consultant in writing. In the event City rejects any Consultant employee under this section, City
shall be liable only for work performed as of that date. City and Consultant agree that Lisa A.
Moore and Pamela S. Bloodworth will act as Consultant's technical and functional leads on the
Project.
9. PARTIES AS INDEPENDENT CONTRACTORS. It is expressly understood that
City and Consultant are contractors independent one to the other and that neither has the
authority to bind the other to any third person or otherwise to act in any way as the
representative of the other unless otherwise expressly agreed to in writing and signed by both
parties hereto. Consultant is responsible for paying all applicable taxes and with holdings,
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payroll or otherwise on behalf of the company and its employees, and will indemnify and hold
City harmless from any such tax or withholding obligations.
10. TERMINATION OF AGREEMENT. The City at its sole discretion may terminate
this Agreement by giving Consultant ten (10) days' written notice of its election to do so and by
specifying the effective date of such termination. The Consultant shall be paid for its services
through the effective date of such termination. Further, if Consultant shall fail to fulfill any of its
obligations hereunder, this Agreement shall be in default, the City may terminate the
Agreement, and Consultant shall be paid only for work completed. Consultant may terminate
the Agreement in the event that circumstances beyond the control of Consultant result in
impossibility of performance of the Agreement, including, but not limited to, dissolution of
corporate existence of Consultant.
11. NON-DISCRIMINATION. Consultant shall comply with Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title I of the Americans with
Disabilities Act of 1990 in that: No person in the United States shall on the grounds of race,
creed, color, national origin, sex, age, political affiliation, beliefs, or disability be subject to
discrimination under any program or activity which Consultant has agreed to undertake by and
through the covenants and provisions set forth in this Agreement. There shall be no
discrimination against any employee who is employed in the work covered by the Agreement, or
against applicants for such employment, on said grounds. This provision shall include, but not
be limited to the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rate of payor other forms of compensation; and
selection for training, including apprenticeship.
12. INTERESTS OF PARTIES. Consultant covenants that its officers, employees
and shareholders have no interest and shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of services required to be
performed under this Agreement.
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13. INDEMNIFICATION AND INSURANCE. Consultant agrees to protect, defend,
indemnify and hold the City and its officers, employees and agents free and harmless from and
against any and all losses, penalties, damages, settlements, costs, charges, professional fees or
other expenses or liabilities of every kind and character arising out of or due to any negligent act
or omission of Consultant or its employees in connection with or arising directly or indirectly out of
this Agreement and/or the performance hereof. Without limiting its liability under this Agreement,
Consultant shall procure and maintain during the life of this Agreement professional liability
insurance. This provision shall survive the termination of this Agreement.
14. PROPRIETARY MATERIALS; ACCESS TO RECORDS; RIGHTS TO DATA AND
COPYRIGHT. Upon expiration of the term of or termination of this Agreement, Consultant shall
transfer, assign and make available to City or its representatives all property and materials in
Consultant's possession belonging to or paid for by the City. The deliverables to be provided by
consultant hereunder, including all documents prepared by Consultant under this Agreement or its
Exhibits, shall be the property of, and ownership shall vest in, City. Ownership of such
deliverables excludes Consultant's proprietary intellectual property rights or any third party
software that is incorporated into the deliverables. Consultant agrees to take all reasonably
necessary actions necessary to assure conveyance to City of all right, title and interest in, to and
under any such deliverables, including copyright. All documentation whether written or
electronically created and provided for purposes of this Implementation shall remain in City's HR
Department in the possession of the PeopleSoft HRMS Implementation Project Manager.
Contract documentation to be provided to City includes but is not limited to: procedures, system
builds, settings, utilized tables, table entries, work processes indicating flow of work, reports,
letters, change orders, any customizations created within the system by Consultant or as a result
of advice rendered and subsequently implemented. Documentation format will be Microsoft Word
2000 for all purposes of documentation and Microsoft Visio Standard 2002 for purposes of
charting. City shall have access to any books, documents, papers, and records of Contractor
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which are directly pertinent to the Agreement, for the purpose of making audit, examination,
excerpts, and transcription. Consultant shall maintain all required records for five years following
the later of final payment by City or closure of all pending matters.
15. CONSULTANT'S USE OF CITY NETWORK. Consultant will hold City harmless
should harm come to any Consultant equipment due to a virus on City's network. Consultant will
be liable to City for any and all damage to City network or property should a virus be introduced
onto City's network as a result of malicious behavior or vandalism by Consultant or its
representatives. Consultant will not install any software on City's computers or network without
the express authorization of the City Network Services Manager or representative.
16. REMEDIES, OTHER THAN TERMINATION OF AGREEMENT, FOR BREACH;
ATTORNEYS' FEES AND JURISDICTION. In the event of breach of this Agreement by either
party, the other party shall have such administrative, contractual, or legal remedies as provided by
this Agreement, the Code of Ordinances of the City of Clearwater, and the laws of the State of
Florida. In the event that either party seeks to enforce this Agreement through attorneys at law,
then the parties agree that each party shall bear its own attorneys' fees and costs, and that
jurisdiction for any court action filed regarding this Agreement shall be in a court of competent
jurisdiction in Pinellas County, Florida. Termination of this Agreement shall be in accordance with
the provisions of paragraph 10. above.
17. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
18. NONASSIGNMENT. Neither party shall assign this Agreement to any third party.
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than
City and Consultant. Consultant shall not assign or subcontract any task or any moneys due or
to become due hereunder without the prior written consent of City.
19. COMMUNICATION. City designates Human Resources PeopleSoft
Implementation Project Manager for daily project communication with Consultant. Any notices,
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consents, requests or other communication desired or required to be given hereunder shall be
in writing and shall be delivered in person or sent by registered or certified mail to the following
designee at the below address:
If to City:
City of Clearwater
Joseph Roseto
Human Resources Director
100 S. Myrtle Avenue
Clearwater, FL 33756
(727) 562-4886
If to Consultant:
Moore Integrated Solutions, Inc.
Neal W. Bretz
222 West Highland Dr.
Lakeland, FL 33813
(863) 669-1100
20. ENTIRE AGREEMENT. This Agreement, and any referenced Exhibits hereto,
shall constitute the entire Agreement between City and Consultant on this subject matter and
supersedes any previous Agreement with respect thereto.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement on the
date first above written.
CITY OF CLEARWATER, FLORIDA
By ~. L-JI:
William B. Horne II
City Manager-
Approved as to form:
Attest:
~~j~(]Ju~
Cynthia.oudeau --'.........-. --(J'
City Clerk
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(Corporate Seal)
CONSULTANT
Moore Integrated Solutions, Inc.
BY~rea~
President
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Exhibit A
MIS, Inc. Statement of Work for Implementation of Recruit Workforce for the City of Clearwater
November 3, 2003
This Statement of Work incorporates by reference the MIS, Inc. and the City of Clearwater's Consulting Agreement dated
November 3, 2003.
MIS, Inc. agrees to fully implement Peoplesoft's Recruit Workforce functionality, ensuring compliance with the distinctive
local government requirements. The City's currently owns PeopleSoft Education and Government HRMS Version 8.3
SP1. It is our understanding that The City does not plan on utilizing eRecruit, Employee Referral Program (ERP), Manage
Competencies or Workflow at this time. This Statement of Work does not include those items.
MIS, Inc. will be expected to spend a minimum of thirty-five (35) hours each workweek while working within the period of
the Agreement.
MIS, Inc. defines PeopleSoft Education and Government HRMS 8.3 core Recruit Workforce functionality as including but
not limited to:
· Full implementation of all tables and processes associated with the Recruitment & Selection process.
· Requisition and Applicant- creation, tracking, processing and expense tracking
· Interview - aids, scheduling and monitoring
· Recruiting and Selection of Applicant cycle, letter creation and processing including inquiry acknowledgment,
rejection, offer etc.,
· Selection processing including Contract creation, processing, distribution
· Identifying qualified Individuals for positions
· Evaluating Requisitions and Applicants (routing and interviews)
. Hiring an Applicant
· City Recruit Workforce reporting and letter writing requirements - see below Reports
The approximate weekly timeline and short description of deliverables for this implementation project includes:
1 Review Current Business Process including current reporting requirements -
Determine which reports, if any, may be handled by the delivered
re orts as well as of an can be enerated throu h PS Que /Cr stal.
2 Develop overall plan and approach
Collect data for table set-u
3 Begin System Implementation
Set up required tables, recruitment templates, and define letters,
conduct conference room pilots (CRP's) for HR approval of plan and business
rocesses and/or modifications
4 Begin System Testing and validation - make necessary changes to ensure
functionalit , develo test scri ts for Cit
5 Continue with testing and validation
Develop queries that have been identified, develop test log with results and
resolutions
6 Complete documentation of system set up and implementation,
develo "to be" Business Process and Practice documentation and charts
1 - 6 Develo 12 identified Re orts**
7 Trainin Documentation** - develo ment of material and exercises
** Additional reports may increase the contracted for "not to exceedn price.
Pricing:
Implementation
$24,000
Based on the above scope the implementation of the Core Recruit Workforce module will be approximately six to seven
(6-7) weeks. The City will have Core Recruit Workforce fully implemented, including the set-up of all tables and
processes associated with the Recruiting and Selection process as stated above. MIS, Inc. will also deliver all final written
documented set of work processes and business processes and any associated charts in both Microsoft Word 2000
digital version and in paper format. The City has been informed that PeopleSoft HRMS 8.3, as delivered, has known
production issues in generating recruitment letters.
Custom Reports
$ 8,000
The City currently has identified twelve approximately (12) custom reports that include the below form letters, reports, and
checklists. Additional reports, letters or checklists may be completed at an additional charge.
Form Letters
Application received - qualified (on list for 1 year, etc.)
Application received - not qualified (select reason for disqualification: not enough experience, no degree/license,
incomplete application, additional paperwork not completed, failed test, etc.)
Position filled (thanks for applying)
Offer letter (start date, orientation date, salary, etc.)
Still interested letter (6 month follow up)
Reports
List of all applicants by position (name, date, position applied for, qualified or not qualified)
List of qualified applicants by position (current eligibility list)
List of all applicants by position with ethnicity, sex, test result, test score, qualified/not qualified (current data sheet)
List oftest results (name, date, test taken, test score)
List of all postings/requisitions within time frame Uob title, date posted, status)
Position summary Uob title, date opened, date closed, # candidates - qualified vs. unqualified, status)
Recruitment costs by position (media used, amount)
Referral source summary within given time frame
EEOC summary within given time frame (total # male, female, white, black, Hispanic, etc. applicants)
Checklists
Summary for position (date EAR received, date posted, date closed, interview dates, status, if filled-start date)
Summary for selected candidate (application date, interview date, reference check, background check, drug test, physical,
orientation)
Development of Training Materials
$ 5,000
The fee for a complete training document (including procedures and hands-on activities) is $5,000. This includes
customized cheat sheets for functional personnel.
Payment terms
Payments of thirty seven thousand dollars ($37,000.00), will be made in one-third (1/3) increments. 1/3 upon initial City
signature, 1/3 upon Human Resources approval of CRP business processes, 1/3 upon Human Resources final approval
of project completion.
In witness whereof, the parties have executed this Agreement on the date first above written.
By:
Ci~
City 0 eater, Flori."-
By &~ ~"'~
William B .;oNornl", II
Dat:HY M7;;;1jo.3
Date: November 12, 2003