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06-202 Resolution No.06-202 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PRINCIPAL DECISION SYSTEMS INTERNATIONAL FOR THE PURCHASE OF AN AUTOMATED STAFFING AND SCHEDULING PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Principal Decision Systems International for the purchase of an automated staffing and scheduling program, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: August 23, 2006 Adopted: August 23, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN AGREEMENT FOR: PURCHASE OF AUTOMATED STAFFING & SCHEDULING PROGRAM This Agreement is made and entered into this 10th day of August,2006 by and between the City of Elgin("the CITY"),a municipal corporation organized and existing under the laws of the State of Illinois,and Principal Decision Systems International,incorporated in the state of California and having a principal place of business at 625 The City Drive, Suite 190, Orange, CA 92868 ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT"as used herein shall mean this Agreement and any attachments thereto. ARTICLE II. SCOPE OF WORK. The scope of work attached hereto and made a part hereto as Attachment"A"(hereinafter referred to as"Quote")at the prices and terms contained therein shall be applicable to this agreement. ARTICLE III. TIME OF PERFORMANCE. The CONTRACTOR shall provide the TeleStaff automated staffing and scheduling software on or before September 1,2006 and the CITY shall pay to CONTRACTOR the total sum of$39,400 on or before September 30,2006. ARTICLE IV. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY, or b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including,but not limited to,the following: (i) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control,(ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control,(iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY,(iv) failure to promptly re- perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory,(v) failure to comply with a material term of THIS CONTRACT,including,but not limited to the Affirmative Action requirements,and(vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen(14)days prior written notice. ARTICLE VI. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances, or in the event any of the terms or provisions herein are deemed to be void or otherwise unenforceable for any reason,such clause shall be void(the remainder of the contract shall not be affected) and the laws or ordinances shall be operative in lieu thereof. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this CONTRACT shall be in the Circuit Court of Kane County,Illinois. ARTICLE VII. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race,color,religion,sex,ancestry,national origin,place of birth,age or physical handicap which would not interfere with the efficient performance of the job in question. The CONTRACTOR will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment,screening,referral and selection of job applicants and prospective subcontractors. The CONTRACTOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976, is hereby incorporated by reference,as if set out verbatim. ARTICLE VIII. ASSIGNABILITY. The CONTRACTOR shall not assign,sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE IX. AMENDMENTS. There shall be no modification of the CONTRACT,except in writing and executed with the same formalities of the original. ARTICLE X. NOTICES.Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S.mail,certified or registered,return receipt requested,addressed,if to CONTRACTOR, at the address set forth above to the attention of the project manager or undersigned representative,and if to the City,to the attention of the City Manager, 150 Dexter Court,Elgin,IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. A- 1 ARTICLE XI INDEMNIFICATION. Each party to this Agreement shall hold harmless and indemnify the other,and its directors, officers,employees and agents,from/for any and all liability claims,losses,and/or damages suffered by the other party,arising from or directly related to this Agreement,which is/are attributable to the negligent or intentional misconduct of the other party. ARTICLE XII. PUBLICITY. The CONTRACTOR may not use,in any form or medium,the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XIII. AUTHORIZATION. This CONTRACT is in the best interests of the CITY and is authorized by law. ARTICLE XIV. NO AGENCY. This CONTRACT shall not be construed so as to create a joint venture,partnership,employment or other agency relationship between the parties hereto,except as may be specifically provided for herein. ARTICLE XV. CONFLICT. In the event of any conflict between the terms provided in any attachments hereto and the body of this CONTRACT,the terms and provisions of this CONTRACT shall control. ARTICLE XVI. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises,terms,conditions or obligations other than those contained therein;and this CONTRACT shall supersede all previous communications,representations,or agreements,either verbal or written,between the parties. ATRICLE XVII. LICENSE and WARRANTY. CONTRACTOR warrants to the CITY that the equipment shall materially conform to the description in CONTRACTOR's documentation in material workmanship. Limited Warranty. CONTRACTOR WARRANTS TELESTAFF TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND TO OPERATE IN REASONABLE ACCORDANCE WITH TELESTAFF USER MANUALS. HOWEVER, CONTRACTOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN TELESTAFF WILL MEET CITY'S REQUIREMENTS OR THAT THE OPERATION OF TELESTAFF WILL BE UNINTERRUPTED OR ERROR FREE. THE LIMITED WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATRICLE XVIII Ownershiu and License of TELESTAFF. CONTRACTOR hereby grants to CITY a license to use TELESTAFF in object code form. CITY shall abide by the terms and conditions of this license as stated herein. The parties recognize and acknowledge that ownership of TELESTAFF shall remain with CONTRACTOR. TELESTAFF is owned by CONTRACTOR,and is protected by United States and international copyright laws and international trade provisions. CITY must treat TELESTAFF like any other copyrighted material. This License and CITY's right to use TELESTAFF shall terminate automatically if CITY violates any part of this AGREEMENT. In the event of termination for any reason other than non-renewal of Service and Support as described herein at Section 10, CITY must immediately return TELESTAFF and accompanying documentation to CONTRACTOR. CITY shall not modify TELESTAFF and/or merge it into another program for CITY use except by express,written permission from CONTRACTOR. Any portion of TELESTAFF merged into another program following the express, written permission from CONTRACTOR will be subject to the terms of this AGREEMENT; The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WHE Ih�parties have hereto set their hands the day and year first above written. CONTRACTO - CIT LGIN n Qr6g Ekstrom Olu e i Folarin President City r FEIN NO. 77-0258909 A-2 Appendix A Component Fee TELESTAFF Software License for 125 Staff $ 17,500 Members WEBSTAFF - PDSI Hosted Setup and First $ 2,500 Year Service TELESTAFF Implementation Services $ 12,000 8 Concurrent Connection Database and 1, 4- port Telephony Board $ 2,400 TELESTAFF Gateway to RMS (Optional) $ 5,000 Total Initial Acquisition Cost $ 39,400 Annual Service and Support. Service and Support of TELESTAFF is provided at no additional charge during the first twelve (12)months following the Execution Date. See Appendix C for the definition of Service and Support. CITY does hereby acknowledge that on each anniversary of the Execution Date, CITY may renew service and support under the following events: Event Payment TELESTAFF - 1 st Anniversary of the $ 3,500 Execution Date Subsequent anniversaries during term 5%maximum increase over previous period Should CITY elect not to renew Service and Support on the anniversary of any Execution Date, CITY acknowledges that any subsequent re-enrollment for Service and Support will only be accepted by CONTRACTOR after CITY cures the previous lapse in Service and Support by paying CONTRACTOR the Service and Support fee for the lapsed periods. In addition, CITY acknowledges that CONTRACTOR may assess CITY a Service and Support re-instatement fee that will not exceed ten percent(10%) of the Service and Support fee for the lapsed periods. CONTRACTOR reserves the right to discontinue Service and Support of previous releases of TeleStaff and WebStaff as defined in Appendix C. WebStaff Usage: Access to TeleStaff via the web is provided through the WebStaff application hosted by CONTRACTOR. CITY does hereby acknowledge that on each event and for the fee specified below, CITY can renew access to WebStaff: Event Payment 1 st Anniversary of the Execution Date $ 2,200 Subsequent anniversaries during term 5%maximum increase over previous period Should CITY elect not to renew WebStaff access or fail to pay the usage fee specified above in advance the subsequent 12 month period, CITY acknowledges that CONTRACTOR will disable CITY access to WebStaff. A-3 TeleStaff Hardware Components CONTRACTOR will provide the database and telephony board as listed in Section 5 above. CITY will provide a dedicated server to meet the minimum specifications below: TeleStaff Basic Server • Intel Pentium 2 GHz Drocessor or better • 512 MB or greater RAM • 40 GB or larger Hard Drive • 48x CD-ROM Drive •Microsoft Windows 2003 License • V.90 Data/Fax Modem TeleStaff Telephony Server • TeleStaff Basic Server Dlus: • 4 Dort Dialogic Telenhonv system • Telenhonv system dongles (4 nort) TeleStaff Database Server • TeleStaff Basic Server Dlus: • Svbase Studio database license(1 concurrent user) • Svbase Client database license(7 concurrent users) TeleStaff Enterprise Server • TeleStaff Basic Server Dlus: • 4 Dort Dialogic TeleDhonv system • TeleDhonv system dongles (4 Dort) • Svbase Studio database license(1 concurrent user) • Svbase Client database license(7 concurrent users) TeleStaff Implementation Services Partnership Agreement For the fee specified in paragraph 5 of this AGREEMENT,CONTRACTOR will train CITY staffing administrators on the operation of TeleStaff and will train CITY on how to configure the TeleStaff system using CITY data.The following steps comprise the TeleStaff Implementation services: Hand-Off: During this internal phase,the appropriate CONTRACTOR account representative transfers information on the CITY to the CONTRACTOR Implementation Manager(IM). The IM is a project manager who is responsible for coordinating all activities necessary to implement TeleStaff for the CITY. During this phase, CONTRACTOR will send the CITY an Implementation Welcome Packet containing an overview of the Implementation Process and information on how to prepare for TeleStaff. A-4 Kick-Off: During the Kick-Off phase,the IM and CITY hold a conference call to review the Welcome Packet,to establish CITY contacts required by CONTRACTOR during the Implementation Process,and to set dates for training. Preparation: During the Preparation phase, the IM and CITY will hold a conference call to review TeleStaff data fields,to instruct the CITY on how to use the data import tool,and to instruct the CITY on how to analyze and document their staffing rules. Also during this phase, CONTRACTOR provides the CITY with the necessary installation documentation and ships the TeleStaff hardware to the CITY. Training—Module I CONTRACTOR will provide audio/visual presentations to review TeleStaff end user features. The presentations correspond with the Module I training manual. The project team must review presentations prior to the Module II training class. The audio/visual presentations can also be used as a resource when the CITY provides user training. Training—Module II The Module II training class covers TeleStaff staffing features. This class is a pre-requisite for configuration training. The class is offered over the Internet or at CONTRACTOR's training facility in Orange,California. The CITY may select the option that best meets their needs. Option#1:If the CITY chooses to participate in the Module II training class via the intemet, the CITY will need to set up a training room so that each person has their own computer with the TeleStaff training database loaded. This allows for effective hands on training. The duration of the class is 7 hours and will be covered in one session. Option#2:The Module II training class at CONTRACTOR is held each Friday. The CITY may elect to participate in the Module II training class the Friday prior to the 5-day configuration training class so that attendees only need to make 1 trip to CONTRACTOR. The class begins at 9am and ends by 5pm. Training-Configuration The TeleStaff implementation includes 5 consecutive days of configuration training at CONTRACTOR's facility in Orange,California. The configuration training will be done on the CITY'S database. The 5 days of training at CONTRACTOR is limited to 2 staff members. CONTRACTOR recommends that CITYS send staffing and business rules experts to the training. The class begins each day at 9am and ends by 5pm. Training-TuningPDSI will provide a 2-day training class at the CITY'S site. The purpose of the class is to fine tune the configuration after the CITY has gone Live with TeleStaff. The CITY determines the agenda for this TeleStaff Tuning class. A-5 r Agenda Item No. City of Elgin A August 4, 2006 i TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Michael Falese, Fire Chief SUBJECT: Purchase of an Automated Staffing and Scheduling Program from Principal Decision Systems International ]PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the purchase of an automated staffing and scheduling program from Principal Decision Systems International. RECOMMENDATION It is recommended that the Mayor and City Council authorize the purchase of the Telestaff automated staffing and scheduling program from Principal Decision Systems International (PDSI) in the amount of$39,400. BACKGROUND The Telestaff automated staffing and scheduling program will provide the Fire Department the means to significantly reduce the time needed to schedule the appropriate staffing. Based on the 2005 through 2006 scheduling activity, it is anticipated that 1,460 hours will be expended to accomplish Fire Department scheduling in 2006. This estimate includes the completion of over 7,000 phone calls and 1,800 individual requests for time off. Using the automated functions of Telestaff, a conservative projection to complete the same tasks is less than 400 hours. Requirements for department policy and contractual agreements must be fulfilled when selecting personnel to fill positions and other scheduling events. Battalion Chiefs receive requests for scheduled and emergency leave and must make staffing assessments and adjustments. A new schedule must be created, distributed, and updated on a daily basis. The current system of scheduling uses a mix of standard Microsoft Office applications such as Word, Excel and handwritten documents. The handwritten components of scheduling require significant staff time, changes are cumbersome, prone to error, and do not produce an easily accessible, documented trail. *Vk The Telestaff automated scheduling system will increase efficiency, accuracy and consistency. In addition, the communications component of the program will enable employees to make requests r•. FIRE- PDSI August 4, 2006 Page 2 and allow supervisors to manage and control staffing activities via computer, telephone, cell phone and e-mail. As a result of the productivity gained with the purchase of PDSI Telestaff, Battalion Chiefs will now be able to better assist in employee career development, evaluate shift personnel on a daily basis, assess department program performance, and address other areas within the department to improve overall effectiveness. A total of four staffing and scheduling software programs were evaluated. Telestaff was the only program that can be customized to automatically call personnel via telephone to fill vacancies in the schedule. It is capable of meeting all of the requirements of department policy and contractual agreements. The purchase of Telestaff is in the best interest of the City Of Elgin and meets the requirements for an exception to the procurement ordinance. COMMUNITY GROUPWINTERESTED PERSONS CONTACTED None. 0%,nF ANCIAL IMPACT There are sufficient funds budgeted ($154,998) and available ($101,531) in the General Fund, account number 010-2801-735.17-99, "General Supplies-Foreign Fire Insurance", project number 282828, to make this purchase totaling $39,400 from Principal Decision Systems International. EGALIMPACT The proposed agreement would require an exception to the procurement ordinance. Such an exception requires the agreement to be authorized by a vote of two-thirds of all members of the city council then holding office upon a finding by the city council that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city. ALTERNATIVES 1. Approve the purchase of the Telestaff automated staffing and scheduling program from Principal Decision Systems International. 2. Do not approve the purchase of the Telestaff automated staffing and scheduling program from Principal Decision Systems International. Respectfully submitted for Council consideration. MWF/tmb Attachments i PDSI Invoice DATE INVOICE NO. 7/13/2006 2006-1055 principal Decision Systems International SHIP TO: BILL TO: Elgin Fire Department 550 Summit Street Elgin,IL 60120-4219 P.O. NO. TERMS DUE DATE REP SHIP DATE SHIP VIA FOB PROJECT Net 60 9/11/2006 7/13/2006 SERVICED ITEM DESCRIPTION OTY RATE AMOUNT TS Software TeleStaff Software License(125 Staff mert5beis) 17 500.00 17,SOO.00T 2 500.00 2,500.00T WS SU WebStaffStart,UpFees TS-Implement TeleStaff Implementation^Sernces ; 12,000 00 12,000.00T TS-DBUpgrade Data Base Upgrade(8 concurrent connection 2,400.00 2 400.00T Database and 1 4-port Telephony Board 5,000.00 .5.OOO.00T TS-Gateway TeleStaff Gateway., 0.00% _ 0 Out-of-state sale,exempt from,sales tax ;V *� Total $39,400.00 625 The Cny SOOJ 850-7374 te Fax(T1Dr 7b3 1.. 0 rnia 92668 Comparison Matrix For Skills-Based Staffing Software TeleStaff SpeedShift ELabor Novient Schedule Requirement 800-850- 877-603- 805-383- Eservices Source Re 9 7374 2830 8500 877-608- 800-340- 4369 0763 ��>���� No Ability to make outbound calls No No No No No No No Ability to accept inbound calls . k No No Ability to incorporate specific staffing rules and guidelines Ability to automatically choose who is No No No qualified to fill positions based on staffing rules No Ability to maintain and prioritize a list of No No r candidates automatically at the time it is to fill a position— dynamic. No No Ability to produce payroll reports based on 7< 4 user defined pay codes and work orders, tracking FLSA. w No No No Public safety based software '