HomeMy WebLinkAboutR-2024-131 Resolution authorizing the City Manager to execute an agreement with Govinvest to provide a labor costing program for labor negotiations RESOLUTION NO. R-2024-131
A RESOLUTION authorizing an agreement with Govinvest, Inc. to provide a labor costing
program for labor negotiations.
WHEREAS, the City currently has ten labor groups that require negotiation of wages,
hours, and working conditions; and
WHEREAS, the negotiations cover other permissive topics that can have a financial
impact on the City budget; and,
WHEREAS, Govinvest, Inc. has a program that can accurately calculate the impact to the
budget using the numbers from the offers and counteroffers; and
WHEREAS, this costing program will aid in the budgeting process to more accurately
predict impacts to the budget, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a SaaS Licensing Agreement with
Govinvest, Inc., Attached hereto and incorporated herein by this reference for a labor costing
program.
ADOPTED BY THE CITY COUNCIL this 16th day of July, 2024.
l /L1 G ' i
Patricia Byer , Mayor
ATTEST:
Nk,
tea ' J2 ; SEAL
osalinda Ibarra, City Clerk
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SaaS Licensing Agreement
GovInvest
City of Yakima, WA
Jun 18,2024
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MASTER SERVICE AGREEMENT
This Master SaaS Services Agreement("Agreement between GovInvest, Inc.("Company"),and City of
Yakima, WA("Client")effective Jun 18,2024. This Agreement includes and incorporates each Summary
of Services and Implementation,the attached Terms and Conditions and contains,among other things,
warranty disclaimers, liability limitations and use limitations.There shall be no force or effect to any
different or additional terms of any purchase order, confirmation, or similar form,even if signed by the
parties before or after the date hereof.
TERMS AND CONDITIONS
1. SAAS SERVICES AND SUPPORT
1.1 Company shall provide the services identified in the Services section of each Summary of
Services and Implementation(as defined below)attached to this Agreement(the "Services")
1.2 Client and Company shall mutually agree upon the Services to be performed by Company under
this Agreement in a written summary of services and implementation(each,a"Summary of
Services and Implementation"), in the form attached hereto as Exhibit A. Each Summary of
Services and Implementation shall be attached to this Agreement as a sequentially numbered
exhibit,and shall expressly be deemed incorporated into this Agreement and subject to all the
terms and conditions set forth herein,except as otherwise set forth in the applicable Summary of
Services and Implementation. In the event of any conflict between this Agreement and a Services
and Implementation,such Services and Implementation shall govern.
1.3 The initial Summary of Services and Implementation is hereto referred to as Schedule 1.
1.4 Subject to the terms of this Agreement,Company will use commercially reasonable efforts to
provide Client the Services in accordance with the Service Level Terms attached hereto as
Exhibit B. As part of the registration process, Client will identify an administrative username and
password for Client's account. Company reserves the right to refuse registration or cancel
passwords it deems inappropriate.
1.5 Subject to the terms hereof,Company will provide Client with reasonable technical support
services in accordance with the terms set forth in Exhibit C.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 Client will not,directly or indirectly; reverse engineer,decompile,disassemble or otherwise
attempt to discover the source code,object code or underlying structure, ideas,know-how or
algorithms relevant to the Services or any software,documentation or data related to or used to
provide the Services("Software"); modify,translate,or create derivative works based on the
Services or any Software nor use the Services or any Software for timesharing or service bureau
purposes or otherwise for the benefit of a third party(except to the extent expressly permitted in
writing by Company or authorized within the Services);or remove any proprietary notices or
labels.
2.2 Further,Client shall not export or re-export,either directly or indirectly,the Software or any
copies thereof in such manner as to violate the export laws and regulations of the United States or
any other applicable jurisdiction in effect from time to time(including,without limitation,when
such export or re-export requires an export license or other governmental approval without first
obtaining such license or approval). Without limiting the foregoing,Client shall not permit any
third parties to access or use the Services in violation of any United States export embargo,
prohibition,or restriction.
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2.3 Client hereby agrees to indemnify and hold harmless Company against any damages, losses,
liabilities,settlements and expenses(including without limitation costs and attorney's fees)in
connection with any claim or action that arises from Client's failure to comply with the terms of
this Agreement or otherwise from Client's use of Services.Although Company has no obligation
to monitor Client's use of the Services,Company may do so.Company reserves the right,in its
sole discretion,to prohibit or suspend Client's use of the Services at any time Company believes
such use to be in violation of this Agreement or otherwise harmful to the Service.
2.4 Client shall be responsible for obtaining and maintaining any equipment and ancillary services
needed to connect to,access or otherwise use the Services,including,without limitation,
modems, hardware,servers,software,operating systems,networking,web servers and the like
(collectively, "Equipment").Client shall also be responsible for maintaining the security of the
Equipment,Client account,passwords(including but not limited to administrative and user
passwords)and files,and for all uses of Client account or the Equipment with or without Client's
knowledge or consent.
3. CONFIDENTIALITY; PROPRIETARY RIGHTS
3.1 One party(the"Receiving Party")understands that the other party(the"Disclosing Party")has
disclosed or may disclose business,technical or financial information relating to the Disclosing
Party's business(hereinafter referred to as"Proprietary Information" of the Disclosing Party).
Proprietary Information of Company includes non-public information regarding features,
functionality and performance of the Service. Proprietary Information of Client includes non-
public data("Client Data")provided by Client to Company to enable the provision of the
Services.The Receiving Party agrees: (i)to take reasonable precautions to protect such
Proprietary Information,and(ii)not to use(except in performance of the Services or as otherwise
permitted herein)or divulge to any third party any such Proprietary Information.The Disclosing
Party agrees that the foregoing shall not apply with respect to any information after five(5)years
following the disclosure thereof or any information that the Receiving Party can document(a)is
or becomes generally available to the public,without any action by,or involvement of,the
Receiving Party or(b)was in its possession or known by it prior to receipt from the Disclosing
Party,or(c)was rightfully disclosed to it without restriction by a third party,or(d)was
independently developed without use of any Proprietary Information of the Disclosing Party or
(e)is required to be disclosed by law. The Receiving Party acknowledges that in the event of a
breach of Section 3.1 by the Receiving Party, substantial injury could result to the Disclosing
Party and money damages will not be a sufficient remedy for such breach.Therefore,in the event
that the Receiving Party engages in,or threatens to engage in, any act which violates Section 3.1,
the Disclosing Party will be entitled, in addition to all other remedies which may be available to it
under law,to seek injunctive relief(including,without limitation,temporary restraining orders,or
preliminary or permanent injunctions)and specific enforcement of the terms of Section 3.1.The
Disclosing Party will not be required to post a bond or other security in connection with the
granting of any such relief.
3.2 Company shall own and retain all rights,title and interest in and to:(i)the Services and Software,
together with all improvements,enhancements,modifications,changes,translations,compilation,
and derivative works thereto, (ii)any software,applications, inventions or other technology
developed in connection with Implementation Services or support,(iii)any analytics generated
through Client's use of the Services,including but not limited to,any data,materials,information,
and reports("Analytics")and(iv)all intellectual property rights related to any of the foregoing.
Company hereby grants Client a non-exclusive,non-transferable and non-sublicensable license to
access and use the Analytics.
3.3 Notwithstanding anything to the contrary,Company shall have the right to collect and analyze
data and other information relating to the provision,use and performance of various aspects of the
Services and related systems and technologies(including,without limitation,information
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concerning Client Data and data derived therefrom),and Company will be free(during and after
the term hereof)to: (i)use such information and data to improve and enhance the Services and for
other development,diagnostic and corrective purposes in connection with the Services and other
Company offerings, (ii)disclose such data solely in aggregate or other de-identified form in
connection with its business,and(iii)disclose, share, license,or resell Analytics to third parties
for consideration.No rights or licenses are granted except as expressly set forth herein.
4. PAYMENT OF FEES
4.1 Client will pay Company the then applicable fees described in the applicable Summary of
Services and Implementation in accordance with the terms therein(the"Fees"). If Client's use of
the Services exceeds the Service Capacity set forth in the applicable Summary of Services and
Implementation or otherwise requires the payment of additional fees(per the terms of this
Agreement),Client shall be billed for such usage and Client agrees to pay the additional fees in
the manner provided herein. Company reserves the right to change the Fees or applicable charges
and to institute new charges and Fees at the end of the Initial Term or then current Renewal Term,
upon thirty(30)days prior notice to Client(which may be sent by email). If Client believes that
Company has billed Client incorrectly,Client must contact Company no later than 60 days after
the closing date on the first billing statement in which the error or problem appeared, in order to
receive an adjustment or credit. Inquiries should be directed to Company's Client support
department.
4.2 Company may choose to bill through an invoice, in which case,full payment for invoices issued
in any given month must be received by Company thirty(30)days after the mailing date of the
invoice unless otherwise specified in the terms. Unpaid amounts are subject to a finance charge of
5%per month on any outstanding balance, or the maximum permitted by law,whichever is
lower,plus all expenses of collection and may result in immediate termination of Service. Client
shall be responsible for all taxes associated with Services other than U.S.taxes based on
Company's net income.
4.3 Services may be provided outside the scope encompassed within the applicable "Summary of
Services and Implementation". Said services may be subject to additional fees, which are set at
$600/hour for executive-level work, $425/hour for FSA-level work, $300/hour for ASA-level
work, $200/hour for analyst work,and reasonable travel expenses. Said services that are subject to
additional fees will not be performed without explicit advance consent from Client.Explicit written
consent must and agreed upon for additional fees
4.4 Company will charge additional fees,which are set at$250/hour,if,after the Effective Date,Client:
(i) changes its actuarial assumptions provided to Company, (ii) changes actuaries, (iii) provides
Company with data that differs from the initial data provided by Client to the Company, (iv)
changes benefit structures,(v)adds additional tiers to its benefits plan,or(vi)merges with another
plan. Explicit written consent must and agreed upon for additional fees
4.5 Company may incur business license fees that are mandated by Client. Client agrees to reimburse
Company for said fees.
4.6 Company may incur costs for adding Client as additional insured to Company's existing insurance
policies in order to comply with Client's insurance requirements. Client agrees to reimburse
Company for said costs.
4.7 Company may incur costs for providing a waiver of subrogation in relation to Company's existing
insurance policies in order to comply with Client's insurance requirements. Client agrees to
reimburse Company for said costs.
5. TERM AND TERMINATION
5.1 Subject to Section 5.3,this Agreement shall commence on the Effective Date and continue for one
(3-year)("Initial Term"), and thereafter shall renew for successive additional one(1)year renewal
terms(each a"Renewal Term"), unless either party to this Agreement notifies the other in writing
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at least thirty(30)days prior to the end of the then-current Term that it does not wish to so renew.
The Initial Term and any Renewal Terms are collectively referred to herein as the"Term."
5.2 Each Summary of Services and Implementation shall be effective upon the date set forth in such
Summary of Services and Implementation and continue the end of the then current Term, and
thereafter shall renew for successive additional one(1)year renewal terms, unless either party to
this Agreement notifies the other in writing at least thirty (30) days prior to the end of the then-
current Term that it does not wish to so renew.
5.3 In addition to any other remedies it may have,either party may terminate this Agreement and/or
any Summary of Services and Implementation upon thirty(30)days written notice(or without
notice in the case of nonpayment), if the other party materially breaches any of the terms or
conditions of this Agreement or such Summary of Services and Implementation.Client will pay
in full for the Services up to and including the last day on which the Services are provided.All
sections of this Agreement and the Summary of Services and Implementation which by their
nature should survive termination will survive termination, including,without limitation,accrued
rights to payment,confidentiality obligations,warranty disclaimers,and limitations of liability.
6. WARRANTY AM)DISCLAIMER
Company shall use reasonable efforts consistent with prevailing industry standards to maintain
the Services in a manner which minimizes errors and interruptions in the Services and shall
perform the Implementation Services in a professional and workmanlike manner as expressed in
Exhibit D. Services may be temporarily unavailable for scheduled maintenance or for
unscheduled emergency maintenance,either by Company or by third-party providers,or because
of other causes beyond Company's reasonable control,but Company shall use reasonable efforts
to provide advance notice in writing or by e-mail of any scheduled service disruption. However,
Company does not warrant that the Services will be uninterrupted or error free;nor does it make
any warranty as to the results that may be obtained from use of the Services. EXCEPT AS
EXPRESSLY SET FORTH IN THIS SECTION,THE SERVICES,THE ANALYTICS,AND
IMPLEMENTATION SERVICES ARE PROVIDED"AS IS" AND COMPANY DISCLAIMS
ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
7. INDEMNITY
Company shall hold Client harmless from liability to third parties resulting from infringement by
the Service of any United States patent or any copyright or misappropriation of any trade secret,
provided Company is promptly notified of any and all threats,claims and proceedings related
thereto and given reasonable assistance and the opportunity to assume sole control over defense
and settlement;Company will not be responsible for any settlement it does not approve in
writing.The foregoing obligations do not apply with respect to portions or components of the
Service(i)not supplied by Company,(ii)made in whole or in part in accordance with Client
specifications,(iii)that are modified after delivery by Company,(iv)combined with other
products,processes or materials where the alleged infringement relates to such combination,(v)
where Client continues allegedly infringing activity after being notified thereof or after being
informed of modifications that would have avoided the alleged infringement,or(vi)where
Client's use of the Service is not strictly in accordance with this Agreement. If,due to a claim of
infringement,the Services are held by a court of competent jurisdiction to be or are believed by
Company to be infringing,Company may,at its option and expense(a)replace or modify the
Service to be non-infringing provided that such modification or replacement contains
substantially similar features and functionality,(b)obtain for Client a license to continue using
the Service,or(c)if neither of the foregoing is commercially practicable,terminate this
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Agreement and Client's rights hereunder and provide Client a refund of any prepaid, unused fees
for the Service.
8. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY
OF A PERSON, COMPANY AND ITS SUPPLIERS(INCLUDING BUT NOT LIMITED TO
ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES,
REPRESENTATIVES,CONTRACTORS AND EMPLOYEES SHALL NOT BE
RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY
CONTRACT,NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY:(A)FOR ERROR
OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF
DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY OR LOSS OF BUSINESS;(B)FOR ANY INDIRECT, EXEMPLARY,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C)FOR ANY MATTER
BEYOND COMPANY'S REASONABLE CONTROL; OR(D)FOR ANY AMOUNTS THAT,
TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,EXCEED THE
FEES PAID BY CLIENT TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT
IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN
EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
9. MISCELLANEOUS
If any provision of this Agreement is found to be unenforceable or invalid,that provision will be
limited or eliminated to the minimum extent necessary so that this Agreement will otherwise
remain in full force and effect and enforceable.This Agreement is not assignable,transferable or
sublicensable by Client except with Company's prior written consent. Company may not transfer
or assign any of its rights and obligations under this Agreement without Client's prior written
consent. This Agreement is the complete and exclusive statement of the mutual understanding of
the parties and supersedes and cancels all previous written and oral agreements, communications
and other understandings relating to the subject matter of this Agreement,and all waivers and
modifications in this Agreement must be in a writing signed by both parties, except as otherwise
provided herein.No agency,partnership,joint venture,or employment is created as a result of
this Agreement and Client does not have any authority of any kind to bind Company in any
respect whatsoever. In any action or proceeding to enforce rights under this Agreement,the
prevailing party will be entitled to recover costs and attorneys'fees.All notices under this
Agreement will be in writing and will be deemed to have been duly given when received, if
personally delivered;when receipt is electronically confirmed, if transmitted by facsimile or e-
mail;the day after it is sent,if sent for next day delivery by recognized overnight delivery
service; and upon receipt, if sent by certified or registered mail,return receipt requested. This
Agreement shall be governed by the laws of the State of Washington without regard to its conflict
of laws provisions. Venue for any action shall be filed in state and federal courts located within
Yakima County. The parties shall work together in good faith to issue at least one mutually
agreed upon press release within 90 days of the Effective Date,and Client otherwise agrees to
reasonably cooperate with Company to serve as a reference account upon request.
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EXHIBIT A
SUMMARY OF SERVICES AND IMPLEMENTATION
This Summary of Services and Implementation(this "SSI")is entered into on the below execution date
between GovInvest, Inc.("Company"),and the Client listed below,pursuant to the terms of that certain
Master Services Agreement(the "Agreement"),by and between Company and Client.
Client:
Dave Zabell,City Manager
City of Yakima, WA
129 N. Second St. Yakima, WA 98901
509-249-6868
Services:
111! , )ne-time
I :bor Costing $7,500 $35,000
'ear One Total Cost $7,500 $35,000
This pricing is good until Jul 31,2024
Annual fee will increase by 3%each consecutive year,and payable in advance subject to the terms of
Section 4 herein.Company will use commercially reasonable efforts to provide Client the services
described in accordance with the terms herein,and Client shall pay Company the Implementation Fee in
accordance with the terms herein.
The terms and conditions of this SSI are hereby incorporated into and made a part of the Agreement. All
waivers and modifications in this SSI must be in a writing signed by both parties,except as otherwise
provided in the Agreement.
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IN WITNESS WHEREOF,this Summary if Services and Implementation has been executed and
delivered by the parties hereto by their duly authorized officers as of the date first set forth above.
GOVINVEST INC.: City of Yakima, WA:
,-DocuSigned by' �DocuSigned by'
hick Audit Hµ�(
By: zit e8e�000a7o By: 8aai8o e� 8A
Name: Ni cffbar°ti n Name: Dave zabe `I°
Title: Director of Finance & Operatio' Ie: City Manager
Date: 6/26/2024 Date: 7/26/2024
CITY CONTRACT NO' t:2�f_I I V
RESOLUTION NO. 22DS -I S
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Exhibit B
Service Level Terms
The Services shall be available 99%of the time,measured monthly,excluding holidays and weekends
and scheduled maintenance. If Client requests maintenance during these hours,any uptime or downtime
calculation will exclude periods affected by such maintenance. Further,any downtime resulting from
outages of third-party connections or utilities or other reasons beyond Company's control will also be
excluded from any such calculation. Client's sole and exclusive remedy,and Company's entire liability,in
connection with Service availability shall be that for each period of downtime lasting longer than 12
hours,Company will credit Client 1%of Service Fees for each period of 30 or more consecutive minutes
of downtime;provided that no more than one such credit will accrue per day. Downtime shall begin to
accrue as soon as Client(with notice to Company)recognizes that downtime is taking place,and
continues until the availability of the Services is restored. In order to receive downtime credit, Client must
notify Company in writing within 12 hours from the time of downtime, and failure to provide such notice
will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not
be cumulative beyond a total of credits for one(1)week of Service Fees in any one(1)calendar month in
any event.Company will only apply a credit to the month in which the incident occurred. Company's
blocking of data communications or other Service in accordance with its policies shall not be deemed to
be a failure of Company to provide adequate service levels under this Agreement.
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EXHIBIT C
Support Terms
Company will provide Technical Support to Client via both telephone and electronic mail on weekdays
during the hours of 9:00 a.m.through 5:00 p.m. Pacific Standard Time, with the exclusion of Federal
Holidays("Support Hours").
Client may initiate a help desk ticket during Support Hours by calling 310-371-7106 or any time by
emailing support@govinvest.com.
Company will use commercially reasonable efforts to respond to all help desk tickets within one(1)
business day.
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EXHIBIT D
Disclaimer of Software Analysis
Company does not warrant that operation of the Software shall be uninterrupted or error free except as
stated above.The Customer is solely responsible for the accuracy and integrity of its own data,reports,
documentation,and security.NO WARRANTY OR ASSURANCE,EXPRESS, IMPLIED,OR
STATUTORY,IS GIVEN BY COMPANY WITH RESPECT TO THE SOFTWARE,COMPANY'S
SERVICES OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION(AND COMPANY
SPECIFICALLY DISCLAIMS)ALL WARRANTIES OF TITLE,MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. Because the calculations performed by the Software partially depend
for their accuracy on the Customer's input,Company is not responsible for the correctness,accuracy,
reliability,currency or otherwise of the output of the Software resulting from Customer's input,and
makes no warranty with respect thereto.Customer assumes all risk of using the output of the Service and
Software in Customer's business.The results reflected in the Software are mathematical estimates of
future events based on information provided/available and assumptions that may not materialize.
Subsequent measurements will differ,possibly materially,from these estimates due to differences in
assumptions,methods,plan demographics,provisions and assets/returns,or other new information.
Future costs and those associated with potential plan changes will change depending on the actual
experience that emerges. Results shown in the software are not Statements of Actuarial Opinion and are
for illustrative purposes only.Neither Customer, nor any other party receiving or reviewing the data,may
rely on these calculations as indicative of future results. In situations where Company is providing input
data,there is no guarantee of the completeness of collection of data. The company makes every effort to
obtain as much relevant data as possible to facilitate meaningful comparisons with like data,but you
should consider this inherent limitation when relying on the information provided by Company's Services.
Company does not provide any warranty,either express or implied, including but not limited to any non-
Company software installed on Customer's computer equipment,for the performance of Customer's
selected Internet services,and for the performance of Customer's computer equipment or Customer's
network system. The integration of the Software with any other application used by Customer is
dependent on many factors beyond the control of Company,and the inability of the Software to integrate
with such applications shall not be construed as a failure of the Software,or that the Software is defective.
EXHIBIT E
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Statement of Work(SOW)
1 Executive Summary
City of Yakima, WA("Client")has engaged GovInvest to deliver Labor Costing and associated support
services("Services").
2 Service Description
GovInvest will provide the following Services to the Client.
• An online software platform for calculating labor related expenses for budgeting and union
contract negotiation. The platform provides the ability to:
o upload salary schedule and compensation bands.
o model costs(e.g.,COLAs,special pays,pension,healthcare, and taxes).
o configure and change costs on the fly and compare against a baseline.
o run turn-key cost scenarios that can be compared side-by-side.
o filter proposal results by sub-groups for demographic reporting.
•
• Devoted software implementation specialist(s)to support Client on the following:
o Configuration,validation,and training of the software.
o Data file collection for populating the platform.
o Ongoing support to the Client's identified stakeholders.
2.1 In Scope
The following services are in scope for the statement of work.
• Labor Costing for City of Yakima, WA to include all Bargaining Units along with Unrepresented
Group(s).
2.2 Deliverables
The following deliverables will be provided to the Client as digital documents or as accessible online
services and documents.
• One Agencywide Project that covers all Bargaining Units including unrepresented group(s) :
o Teamsters,AFSCME, Fire, Police
2.3 Project-Specific Client Responsibilities
GovInvest is counting on Client to provide the following:
• Labor Costing
o An outline of costs that are to be modeled for each labor contract using the labor costing
module and provide commensurate individual or aggregate data to be able to model each cost.
o GovInvest will provide Census Excel template and client will complete census information
for each position to be modeled in the labor costing module for data on salaries, special pays
and benefits.
o Client to provide superuser(s)to be trained and utilize the labor costing module to perform
"what-if' scenario analysis.
•
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2.4 Out of Scope
Any services not explicitly listed above as"In Scope" shall be considered out of scope for this project.
Notably,the areas that are out of scope for this project include,but are not limited to,the following list. If
any of these items are required for your organization,they can be scoped separately.
• Labor Costing
o Govinvest's creation of project(s)beyond those noted in Section 2.1
o Updating model(s)more than once annually to move the baseline scenarios to the next
fiscal year.
o Preparing documentation to be shared with the unions on scenario costs.
o Having Govinvest staff perform standard"what-if' scenarios after internal Client staff
have been trained on the platform.
•
2.5 Project Milestones& Duration
Project duration is defined as the entire time taken to complete the project,based on the resources
allocated.
Labor Costing
The estimated project duration is 3 -5 months from project kickoff to completion of agencywide
project. Subsequent project deliveries to be planned between Govinvest Implementation Lead and
Client Project Sponsor after delivery of the first project. Project duration is subject to the Client
providing the benefits template and census data as outlined in the project management timing agreed
upon in the project Kickoff meeting.
Milestone Expected Duration Target Date
Kickoff meeting < 1 week Jul 22,2024
Data collection 3—4 weeks To be set at Kickoff Meeting
Initial Project 2—3 weeks To be set at Kickoff Meeting
Configuration r:
Initial Validation < 1 week To be set at Kickoff Meeting
Final Project Setup 3—4 weeks To be set at Kickoff Meeting
Final Validation 1 —2 weeks To be set at Kickoff Meeting
Training < 1 week To be set at Kickoff Meeting
Go-live meeting < 1 week To be set at Kickoff Meeting
2.6 Project Management
Govinvest to provide the following project managements services:
• Manage project scope and schedule with Client per this Statement of Work.
• Responsibilities include but are not limited to resource management,status updates,risk
management and mitigation strategies.
• Develop and execute change requests as necessary to account for changes in project scope,
schedule,and or cost as needed.
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2.7 Resources and Skills
Client will provide staff resources to lead implementation work for this project.These resources will
participate and be responsible for all required steps associated with implementation of this project. The
Govinvest staff member leading the implementation of each platform module will be identified during the
project Kickoff meeting with the Client.
The Govinvest resources are responsible for the overall execution of the project, including: Analysis, data
collection, configuration, build,test,validation,monitoring progress against schedule,acting as the
interface between the broader GovInvest team and Client, and scheduling project meetings.
2.8 Project Location
GovInvest will provide resources for all steps of the project via Microsoft Teams or similar web
conferencing service.
2.9 Project Acceptance
On completion of the implementation project,GovInvest will send a Project Acceptance Email indicating
completion and requesting client's confirmation of completion.The Project Acceptance email will be sent
to the person specified during the project Kickoff meeting if other than the Client's project Sponsor.
Client's positive response to the Project Acceptance Email signifies Client's final acceptance of the work
and agreement that all Deliverables have been completed in accordance with the SOW. If the Client does
not accept the Deliverables,then Client shall respond via email within fifteen calendar days following the
send date of the Project Acceptance Email and state specifically which Deliverables were not Final
Accepted and why. A GovInvest representative will follow up within 5 days and work with the Client to
address specified shortcomings.
If Client does not respond to the Project Acceptance Email within fifteen calendar days after the date it is
sent,Client shall be deemed to have accepted the Deliverables,and consequently,the remainder of the
Services,and GovInvest will invoice the Client for the remainder of the price due to GovInvest, if any.
3 Assumptions
The project scope and associated price quoted within this Statement of Work are based on the following
assumptions. Should any element(s)of these assumptions be lacking during execution of services,
additional time and associated fees and expenses may be required to complete this Statement of Work.
1. Minimum lead time for scheduling project kickoff meeting is fifteen(15)business days from our
receipt of the signed SOW or fifteen(15)business days from the confirmed start date between
GovInvest and Client; whichever date is later. Should you require more aggressive scheduling,
please contact GovInvest to determine availability.
2. Client is responsible for providing a resource or resources focused on this project and the extent
of the knowledge transfer is dependent upon the availability of these resources.A maximum of
two hours of dedicated knowledge transfer at the project's conclusion will be provided unless
otherwise noted within this Statement of Work.
3. GovInvest is not responsible for delays caused by systems,personnel,or environmental causes,
outside of its control,or in receiving data from Client.
4. Any restrictions or requirements regarding the GovInvest consultants'use of personal equipment
must be stated in advance of the commencement of the project.
SaaS Licensing Agreement 411§k GovInvest
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5. All hardware and/or software and licensing required to perform the above services will be
provided by and is the responsibility of Client.All wiring,hardware,and software required to
perform the above services are in working order.
6. All parties agree that personnel shall not be asked to perform,nor volunteer to perform,
engineering and/or consulting tasks that lie outside the skill sets and experience of personnel.
Personnel have the right to decline on a service request if the request falls outside the scope of
their experience and expertise.
7. Project activity will be scheduled during the hours of 8:00 AM to 5:00 PM GovInvest Lead local
time.Any work performed outside these hours must be previously agreed upon by both parties.
8. All documentation will be delivered within fifteen(15)business days after the completion of the
in-scope tasks or phases of the project.A standard document template will be utilized for this
service delivery.
4 Client Responsibilities
Both Client and GovInvest are responsible for the successful execution of this engagement. Prior to the
start of this SOW,Client will indicate to GovInvest in writing a person to be the point of contact. All
project communications will be addressed to such point of contact(the "Client Contact").The Client
Contact is responsible for the following:
1. Performing a full working backup prior to the commencement of services as GovInvest is not
responsible for lost data.
2. Ensuring all related information and communication regarding this project is done through the
Project Manager as expeditiously as possible.
3. Managing change request communications on behalf of the Client team.
4. Making the necessary administrative usernames and passwords available to GovInvest if required
for the successful completion of project.
5. Providing detailed and accurate information regarding their current network environment if
required for the successful completion of project.This information will include the technical
configuration of the domain environment.
6. Providing the necessary workspace and network access to provide the above services.
7. Providing access to building(s)and room(s)if required for the successful completion of project.
8. Obtaining and provide project requirements, information,data,decisions and approvals within
one working day of the request,unless both parties agree to a different response time.
9. Ensuring that project personnel have reasonable and safe access to the project site and adequate
office space, if required.
10. Providing technical points-of-contact,who have a working knowledge of the enterprise
components to be considered during this project("Technical Contacts"). GovInvest may request
that meetings be scheduled with Technical Contacts.
11. Informing GovInvest of all access issues and security measures and providing access to all
necessary hardware and facilities as required.
12. Having the authority to resolve conflicting requirements.
SaaS Licensing Agreement GOVlnvest
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13. Helping resolve project issues and ensuring that issues are brought to the attention of the
appropriate persons within the Govinvest organization, if required.
Dependent upon the implemented module(s),client will provide certain individual resources for this
project effort as determined by the Govinvest Project Lead. These resources will participate in all
required steps and will be fully or partially responsible for tasks and deliverables where appropriate.
5 Govinvest Responsibilities
Govinvest shall provide the Services and the GovInvest Work Product during the term of this engagement
in accordance with this SOW and these terms and conditions.
1. GovInvest will provide all resources, facilities,management,labor,expertise, skills,tools,and
equipment necessary for the performance of its obligations under this SOW.
2. Without limiting the foregoing, Govinvest shall:
a. keep the Client Contact and Client Participants advised of the progress of the project and the
status of the Deliverables;
b. permit any designated representative of Client to periodically review the work of GovInvest
personnel performing Services and preparing Deliverables;
c. perform the Services in a timely manner and provide the Deliverables in accordance with this
Statement of Work; and
d. keep accurate records of work performed on this Statement of Work, evidence of which
GovInvest shall provide to Client upon Client's request.
6 Change Control Process
The"Change Control Process" is that process which shall govern changes to the scope, schedule, or price
of the Project during the life of the Project. The Change Control Process will apply to new components
and to enhancements of existing components. The Change Control Process will commence at the start of
the Project and will continue throughout the Project's duration until Project Go-Live.
Under the Change Control Process,a"Change Request" email will be the vehicle for communicating any
desired changes to the Project. It will describe the proposed change;the reason for the change; and the
effect the change may have on the Project.The Project Manager of the requesting party will submit a
written Change Request to the Project Manager for the other parties.
GovInvest and Client will review the change request.Both parties must agree to the Change Request via
email to authorize its implementation.
7 Project Initiation Process
Upon receipt of a signed SOW,planning for the project will commence. A key step in the planning
process is the Kickoff Meeting with Client's Team.
In the Kickoff Meeting,the contents of the SOW will be reviewed. This is an opportunity for Client's
team(s)involved with the project to understand the Project's goals,tasks,deliverables,and timelines.
Upon completion of the Kickoff Meeting, minutes of the Kickoff Meeting,based on discuss during the
meeting,will be distributed to Client. Any changes to the project will be documented in these minutes. If
a Change Orders is necessary due to scope-of-work changes discussed during the Kickoff Meeting as
compared to the scope of work noted in this document,the Change Order at process will be initiated after
the Kick-off Meeting.
SaaS Licensing Agreement Govinvest
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8 Terms and Conditions
This statement of work(SOW)is subject to and governed by the terms of the Govinvest Masters Services
Agreement(the "Agreement"). In the event any terms and conditions of this SOW conflict with the
Agreement,this SOW will control for the purposes of the Services to be delivered.All terms defined in
the Agreement and used herein will have the same meaning as set for in the Agreement.
9 Confidential
The information in this document shall not be duplicated,used,or disclosed in whole or in part outside
Govinvest's organization. If a contract is awarded to Govinvest as a result of or in connection with the
submission of this document,Govinvest shall have the right to duplicate, use,or disclose the information
within its organization to the extent provided by the contract between Govinvest and Client. This
restriction does not limit Govinvest's right to use information contained in this document if it is obtained
from another source without restriction.
10 SOW Acceptance
The project Terms and Conditions are as outlined in this document. Once fully executed,this document
will become the Statement of Work for the Services defined in this document.Client's and Govinvest's
signature below authorizes Govinvest to begin the Services described above.
City of Yakima,WA Govinvest
Name Dave zabell Name
Nick Martin
Title Title
City Manager Director of Finance & Operations
Signature p—oocusipoed by Signature p DocuSigned by
P/44'13,82 A A( Ncic
�asafaetr783C46A —oz 2aeoaEt7ver77a
Date Date
7/26/2024 6/26/2024
SC/NW
10,001.00
CITY CONTRACT NpnpS_Ly93-
RESOLUTION NO:
`'�� (
SaaS Licensing Agreement !� Govinvest
Page 17 ns yni> your finanoal future
DocuSign
Certificate Of Completion
Envelope Id:9F853704CA4A43DC9518B8920BB7329B Status:Completed
Subject.Complete with Docusign.GovInvest signed Agreement--City of Yakima WA 6.26.24.pdf
Source Envelope:
Document Pages: 17 Signatures-2 Envelope Originator
Certificate Pages:5 Initials:0 Dalton Piecukonis
AutoNav:Enabled 1230 Rosecrans Ave,St 300 PMB 754
Envelopeld Stamping:Enabled nil
Time Zone:(UTC-08:00)Pacific Time(US&Canada) Manhattan Beach,CA 90266
daltonp@govinvest.com
IP Address 64.6.115.90
Record Tracking
Status Original Holder: Dalton Piecukonis Location. DocuSign
7/16/2024 9:33:51 AM daltonp@govinvest.com
Signer Events Signature Timestamp
Dave Zabell cDo.Signedby Sent.7/16/2024 9-36-24 AM
Dave.Zabell@yakimawa gov PA•431k,ve Resent:7/25/2024 10:53:45 AM
City Manager �83318D1E785C4fiA Resent 7/25/2024 3 23 52 PM
Security Level:Email,Account Authentication Viewed:7/25/2024 4:47:46 PM
(None) Signature Adoption Drawn on Device
Signed 7/26/2024 6:23 11 AM
Using IP Address: 166.205.132.14
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted-7/25/2024 4 47:46 PM
ID:253dc632-157d-4a45-acb1-0564076092b6
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Connie Mendoza r COPIED Sent 7/16/2024 9:36:25 AM
Connie.Mendoza@yakimawa.gov Viewed:7/25/2024 10:34:57 AM
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/16/2024 9:36:25 AM
Certified Delivered Security Checked 7/25/2024 4:47:46 PM
Signing Complete Security Checked 7/26/2024 6 23 11 AM
Completed Security Checked 7/26/2024 6:23:11 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
CICI.IIUIIW RCl.UIU.211U 0Iy11e11Ule IJIJI.lUbUWC UCp ICU UI I.LILL/LU 10 J.UI.LL r1V1
Parties agreed to. Dave Zabel!
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.1.
For Meeting of: July 16, 2024
ITEM TITLE: Resolution authorizing the City Manager to execute an agreement
with Govinvest to provide a labor costing program for labor
negotiations
SUBMITTED BY: Connie Mendoza, Director of Human Resources
SUMMARY EXPLANATION:
This software will provide the City with access to financial costing tools for employee wages and benefits.
The program will be customized to our agency and provide more accurate and detailed information. It will
aid in the budgeting process to more accurately predict impacts to the budget and assist in the
negotiation process associated with collective bargaining.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Fiscal Sustainability
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution.Govinvest.docx
Agreement Govinvest- City of Yakima WA 6.26.24
59