CITY OF SAN MATEO
City Council Regular Meeting
February 22, 2022
7:00 PM
COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Joe Goethals
Amourence Lee
Eric Rodriguez
AGENDA
DUE TO THE STATE OF CALIFORNIA’S DECLARATION OF EMERGENCY – THIS MEETING IS BEING HELD PURSUANT TO AUTHORIZATION FROM GOVERNMENT CODE 54943(b)(3) / AB361 (2021) – CITY COUNCIL AND COMMISSION MEETINGS ARE NO LONGER OPEN TO IN-PERSON ATTENDANCE.
ANYONE CAN WATCH AND PROVIDE COMMENTS REMOTELY IN THE WAYS DESCRIBED AT THE END OF THE AGENDA.
To join via Zoom – click here: Tuesday, February 22, 2022 Zoom Meeting To join via telephone: (408) 638-0968
Conference ID: 814 9988 1689 Passcode: 674655
CALL TO ORDER
Pledge of Allegiance
Roll Call
CEREMONIAL
1. Black History Month
2. Community Development Housing Manager Sandy Council – Commendatory Retirement Resolution
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.
3. City Council Meeting Minutes - Approval
Approve the minutes of the City Council Special and Regular meeting of January 18, 2022 and the Special meeting of January 29, 2022.
4. Remote Teleconferenced City Council and Commission Meetings – Reauthorization Adopt a Resolution to reauthorize remote teleconferenced City Council and Board and Commission meetings for 30 days, through March 24, 2022, as allowed by Assembly Bill 361 amending the Brown Act, based upon the Governor’s emergency proclamation and findings that meeting in person would present imminent risks to the health or safety of attendees.
5. City Council Guidelines – Governance Principles
Approve the revised City Council Guidelines to include a new section on Governance Principles.
6. Planning Commission Appointment Subcommittee Establishment and Committee Appointments Appoint Mayor Bonilla and Deputy Mayor Papan to the Planning Commission Appointment Subcommittee, appoint Seema Patel to the General Plan Subcommittee, and to the Civic Arts Committee. 1 of 663
7. Enterprise Resource Planning System Replacement – Agreements and Budget Appropriation
1. Award an agreement to Workday for software subscription, training, and delivery assurance costs related to the City's new enterprise resource planning system in the amount of $4,217,394; 2. Award an agreement to Collaborative Solutions for enterprise resource planning system implementation costs in the amount of $2,527,160;
3. Award an agreement to Can/Am Technologies for Software as a Service (SaaS) and implementation costs related to replacement of the City's cashiering software in the amount of $410,737; 4. Amend an agreement with Plante Moran to provide project management services for an additional amount of $740,000 for new total not to exceed amount of $959,240; 5. Authorize the City Manager to execute the agreements and agreement amendments in substantially the form presented and; 6. Adopt a Resolution to approve a supplemental budget appropriation for CIP Project 200001 (Fund 59) in the amount of $1,168,307, with $237,614 in transfers out from the Sewer Fund, $58,271 in transfers out from the Construction Services Fund, and $872,422 in transfers out from the Equipment Replacement Fund.
8. East Hillsdale Park – Deed Restriction
Adopt a Resolution to approve and authorize recordation of a deed restriction, satisfying Prop 68 Per Capita grant application requirements enabling the City to receive $241,821 towards the rehabilitation of East Hillsdale Park, and authorize the Mayor to sign the deed restriction on behalf of the City in substantially the form presented.
9. Clean Water Program Construction Special Inspection Services – Agreements Approve professional services agreements with Signet Testing Laboratories, Inc. and Smith Emery San Francisco to provide as-needed construction special inspection services for various Clean Water Program projects in amounts not-to-exceed $1,500,000 each; and authorize the Public Works Director to execute each agreement in substantially the form presented, issue project-specific task orders, and exercise up to three, one-year extensions with not-to-exceed budgets of $250,000 per year for each of these agreements.
10. City Wide Custodial Services – Agreement Amendment
Approve Amendment No. 5 to the agreement with Imperial Maintenance Services, Inc. for custodial services to increase the annual commitment in the amount of $67,291 to cover modified scope of services; extend the term through June 30, 2023; authorize the Public Works Director to and make minor modifications to frequency of scope of work and execute the amendment in substantially the form presented.
11. Annual Sewer Basin Rehabilitation On-Call Design Services – Amendments Approve amendments to three different agreements for on-call professional design services with CSG Consultants, Harris & Associates, and Schaaf & Wheeler for various sewer pipe rehabilitation projects; extend the terms by two-years each; increase the compensation for the agreements with Harris & Associates and Schaaf & Wheeler by $400,000 each for a total amount of $1,400,000 for each agreement; and authorize the Public Works Director to execute the amendments in substantially the form presented and issue project-specific task orders under these agreements.
PUBLIC COMMENT
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up.
Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment may be provided later in the agenda.
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PUBLIC HEARING
City Council action on the following public hearing(s) represents a final decision concluding all administrative proceedings. Judicial review may be had only if a petition is filed with the Court not later than the 90th day following the date the decision is made. Judicial review of environmental determinations may be subject to a time period for litigation as short as 30 days following the date the decision is made.
12. Ordinance Introduction – Accessory Dwelling Unit Ordinance Amendments Introduce an Ordinance to amend San Mateo Municipal Code Chapter 27.19 – “Accessory Dwelling Unit and Junior Accessory Dwelling Unit – Residential Zones” in accordance with changes to State law and to amend San Mateo Municipal Code Section 27.04.165 by adding a definition for “Junior accessory dwelling unit.”
OLD BUSINESS
13. North Central Bike Lanes Project – Update
Receive an update on the North Central Bike Lanes Project which includes Humboldt Street, Poplar Avenue, and Delaware Street bicycle lanes and the Indian Avenue bicycle boulevard and provide direction to staff regarding implementation of the bike lanes and potential support programs.
NEW BUSINESS
14. Department Heads and Deputy Directors – Compensation Plan Amendment Adopt a Resolution to amend the Consolidated City Manager, City Attorney, Department Head and Deputy Director Compensation Plan to include salary increases for Department Heads and Deputy Directors.
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.
ADJOURNMENT
------------------------------------------------------------------------------------------------------------------------------------------ AGENDAS : Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at www.cityofsanmateo.org . Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.
WATCHING A MEETING ON TV: City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.
For transmission problems during the broadcast, please call (650) 522-7099.
For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m.
WATCHING A MEETING ON A COMPUTER: There are three ways to stream. 1) Public Meeting Portal www.cityofsanmateo.org/publicmeetings 2) City YouTube channel and stream it on YouTube: http://youtube.com/CityofSanMateo 3) Watch TV live stream: https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream PUBLIC COMMENTS – Can be received in the following ways (Time limits will apply) :
Prior to the meeting in writing: Send comments to: [email protected] until 4 p.m. the day of the meeting.
During the meeting by computer: Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default.
When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.
During the meeting by telephone: Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.
ACCESSIBILITY: In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 3 of 663
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Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 3 Section Name: CONSENT CALENDAR File ID: 22-5759-01 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: February 22, 2022
SUBJECT:
City Council Meeting Minutes - Approval
RECOMMENDATION:
Approve the minutes of the City Council Special and Regular meeting of February 7, 2022.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Minutes 2022-02-07 Special
Att 2 – Minutes 2022-02-07 Regular
STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042
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COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez
CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Monday, February 7, 2022
Remote 5:30 PM
Special Meeting
CALL TO ORDER This meeting was held pursuant to authorization from Government Code 54943(b)(3) / AB361 (2021) in which Brown Act regulations are relaxed to allow members to participate virtually due to the Covid-19 health emergency.
Roll Call
Remote: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee and Rodriguez Council Member Goethals joined the meeting at 7:03 pm.
STUDY SESSION
1. Council Guidelines - By-District Governance Principles City Clerk Patrice Olds provided a presentation on some proposed key governance principles to state explicitly in the Council Guidelines due to the move to district elections with the core concept being that the city will continue to be governed with a citywide perspective. Council asked questions of staff.
Public Comment - There were no speakers.
CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session at 5:50 p.m. to consider:
2. Conference with Labor Negotiators (Government Code Section 54957.6) City designated representative: Stacey Cue, Teresa Abrahamsohn, Yumi Maeda Employee Organization: Management Association, San Mateo City Employees Association (SMCEA), Service Employees International Union (SEIU) 521 Maintenance, Police Officers Association (POA) and Sergeants, Department Heads, and Deputy Department Heads.
ADJOURNMENT – The meeting adjourned at 6:40 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice M. Olds, City Clerk 5 of 663
City Council Regular Meeting Minutes – 02/07/2022 Page 1
COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez
CITY OF SAN MATEO
Regular Meeting Minutes
City Council
City Council Special Meeting
with Planning
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Monday, February 7, 2022
Remote 7:00 PM
Regular Meeting
CALL TO ORDER - This meeting was held pursuant to authorization from Government Code 54943(b)(3) / AB361 (2021) in which Brown Act regulations are relaxed to allow members to participate virtually due to the Covid-19 health emergency.
Pledge of Allegiance
Roll Call
Remote: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee, Goethals and Rodriguez
CONSENT CALENDAR
The following items, 1 through 10, were considered to be routine by the City Council. After the titles of the items were read by the City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.
Moved: Rodriguez, Seconded: Lee
Ayes: Bonilla, Papan, Lee, Goethals and Rodriguez
Noes: None
1. City Council Meeting Minutes – Approval
Approve the minutes of the City Council Special and Regular meeting of January 18, 2022 and the Special meeting of January 29, 2022.
2. Emergency Ordinance – Suspension of Minimum Parking Requirements and Enforcement of Zoning Regulations for Outdoor Business Operations
Adopt an Emergency Ordinance to extend the temporary suspension of minimum parking requirements on private parking lots and enforcement of zoning regulations for outdoor business operations for commercial uses in private shopping centers during the COVID- 19 public health emergency.
Enactment: Ordinance No. 2022-01
3. Remote Teleconferenced City Council and Commission Meetings – Reauthorization Adopt a Resolution to reauthorize remote teleconferenced City Council and Board and Commission meetings for 30 days, through March 9, 2022, as allowed by Assembly Bill 361 amending the Brown Act, based upon the Governor’s emergency proclamation and findings that meeting in person would present imminent risks to the health or safety of attendees.
Enactment: Resolution No. 13 (2022)
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4. Citywide Street Rehabilitation Package 2-B – Appropriation and Agreement Adopt a Resolution to authorize a budget transfer of $95,000 from the High Voltage Street Light Conversion Project to the Citywide Street Rehabilitation Package 2 Project; approve an agreement with J.V. Lucas Paving, Inc. for the Citywide Street Rehabilitation Package 2-B in the amount of $976,415.31; establish a contingency reserve in the amount of $98,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
Enactment: Resolution No. 14 (2022)
5. Delaware Street Relief Sewer Project – Construction Agreement Award an agreement with JMB Construction, Inc. for construction of the Delaware Street Relief Sewer Project in an amount not to exceed $8,448,375; establish a contingency fund in an amount of $1,690,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
6. Use of City Owned Poles – Agreement
Approve a Master License Agreement with Crown Castle, LLC to allow small cell installations on City-owned poles for an annual charge of $270 per pole and authorize the City Manager to execute the agreement in substantially the form presented.
7. 400 East 5th Avenue Downtown Parking Garage – Transformer Room Agreement Approve an agreement with Pacific Gas & Electricity (PG&E) to allow for the installation and utilization of transformers in the new parking garage that is being constructed at 400 East 5th Avenue and authorize the City Manager to execute the agreement in substantially the form presented.
8. Eucalyptus Tree Removals – Agreement
Approve an agreement with Professional Tree Care Company for Crystal Springs Road eucalyptus tree removals in the amount of $178,500 and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.
9. Sycamore Pruning Project – Agreement
Approve an agreement with the Professional Tree Care Company for sycamore tree pruning in the amount of $139,755 and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.
10. South Bay-Peninsula Preservation Lab – Appointment
Appoint Council Member Lee to the South Bay-Peninsula Preservation Lab as a member representing the City of San Mateo.
PUBLIC COMMENT
Public Comment - Claire requested that City does not remove parking in North Central area.
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OLD BUSINESS
11. COVID-19 Update
Drew Corbett, City Manager, provided a presentation updating the City’s operational responses to the pandemic. There were no questions and no public comment.
Motion to Receive an update on operational impacts and other City efforts related to COVID-19, confirm rules and regulations issued by the City Manager acting as the Director of Emergency Services in response to declared emergency, and confirm the need for a continued local declaration of emergency. Motion passed 5-
0. Moved: Goethals, Seconded: Rodriguez
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
NEW BUSINESS
12. 4 West Santa Inez Avenue Condominiums – Reconsideration of Project Denial – As Amended Council Member Rodriguez recused himself from consideration of this item as he was on the Planning Commission at the time this was heard. Laura Richstone, Associate Planner, provided the staff presentation.
Jack Matthews, Matthews Architects, representing the applicant, provided a brief statement regarding the project. Council asked questions of the applicant.
Public Comment – Mary Diepenbrock thanked Council for the thoughtful original denial. Michael Diepenbrock stated concern with the developer of the project. Craig Jory stated concerns with public safety. Dylan Casey, CARLA, reviewed the history of the public process to approve this site. Eric Vallone stated concern with the speed of the project and parking. Lorna Shea stated she is a single-family homeowner directly affected by this project and is concerned with a heritage redwood tree. Brian McKague stated concern that the developer does not meet with the neighbors. Ilene McKague stated concern with safety issues. Martin Wiggins encouraged paying attention to housing. Jordan Grimes, Peninsula for Everyone, urged approval of the project, don’t incur additional legal fees. Gerry Wentworth appreciated the Council for paying attention to the project and noted concern with traffic. Jack Matthews responded with information regarding issues raised.
Council responded with comments noting the effort to make this a better project for the neighbors; however, their hands are tied by state law and expressed disappointment that a settlement could not take place to find common ground sooner. A denial would most certainly result in another lawsuit with low probability of prevailing. Council discussion ensued on parking proposal issues. Jack Matthews commented that the applicant would have no objection to amending the conditions of approval to add a condition regarding heritage tree health assessment.
Motion to Adopt a Resolution, to vacate the February 5, 2018 City Council action denying the proposed condominium project located at 4 West Santa Inez Avenue, and approve a:
1. Site Plan and Architectural Review for a new 15,322 square-foot, four-story 10-unit residential condominium building with an underground parking garage with an automated parking lift system;
2. Site Development Planning Application for the removal of 22 trees over six inches in diameter;
3. Vesting Tentative Map to merge two existing parcels into one 10,763 square-foot parcel and create ten (10) residential condominium units with associated common space per the listed Findings and amended Conditions of Approval; and
4. Determination that the project qualifies for a Categorical Exemption from further environmental review under the California Environmental Quality Act (CEQA) Categorical Exemption, CEQA Class 32 Section 15332, “In-Fill Development Projects” based on the Findings and Conditions of Approval. Motion passed 4-0-1, with Rodriguez recused.
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City Council Regular Meeting Minutes – 02/07/2022 Page 4
Moved: Bonilla, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, and Goethals
Noes: None
Recused: Rodriguez
Enactment: Resolution No. 15 (2022)
REPORTS AND ANNOUNCEMENTS
There were no reports and announcements.
Council recessed from 8:28 p.m. to 8:35 p.m.
THIS MEETING ADJOURNED TO A CITY COUNCIL SPECIAL JOINT MEETING WITH THE PLANNING COMMISSION at 8:35 p.m.
CALL TO ORDER
COUNCIL MEMBERS PRESENT: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee, Goethals and Rodriguez.
PLANNING COMMISSION MEMBERS PRESENT: John Ebneter, Adam Nugent, Seema Pate. Vice Chair Margaret Williams joined at 8:49 p.m. Absent: Chair Ramiro Maldonado
Mayor Bonilla announced that one substantial public comment letter was submitted too late for the packet. He asked for consideration on postponing this meeting to allow for the public to see this submittal. Council discussed options.
Christina Horrisberger, Community Development Director, stated that she did read the public comment and that what is being discussed this evening is not affected by the comments submitted at this time. The Council agreed to continue with this item.
NEW BUSINESS – JOINT MEETING
13. Housing Element Goals, Policies and Programs – Study Session Zach Dahl, Community Development Deputy Director, and Sandy Council, Housing Manager, provided a presentation on existing, required and suggested policies and programs for the housing element. Questions were asked of staff from the Commission and Council. Staff proposed adoption of the Three P’s as adopted by Metropolitan Transportation Commission and the Association of Bay Area Governments. The Three P’s are:
Production of new housing at all income levels, especially affordable housing; Preservation of existing housing that is affordable to lower- and middle-income residents; and Production of current residents to prevent displacement.
Public Comment – Adam Buchbiner outlined concerns with the City’s housing element. Kalisha Webster, Housing Choice, commented on the need for affordable housing for special needs population. Lisa Diaz Nash spoke of support for certain priorities. Ken Abreu commented that the housing element is critical and emphasized the importance of actually getting the housing element built. Laurie Watanuki commented on the need for various forms of funding for services. Adam Loraine agreed support to change the goals from the housing element to the three Ps. Perhaps add a sustainability related goal to that.
Council and Commission discussion and comments ensued on the goals, policies and programs of the Housing Element. Consensus of Council and Commissioners was in support of the Three P’s to be included in the updated Housing Element for 2023-2031. Feedback was given and some of the existing policies were proposed to be removed, and ideas were proposed for additional policies and refinement of some of the programs with specificity around including sustainability goal, parking and traffic impacts on housing, jobs housing balance, and placement of affordable housing.
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City Council Regular Meeting Minutes – 02/07/2022 Page 5
ADJOURNMENT OF THE SPECIAL JOINT MEETING –The meeting adjourned at 11:38 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice M. Olds, City Clerk 10 of 663
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR File ID: 21-5410-06 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: February 22, 2022
SUBJECT:
Remote Teleconferenced City Council and Commission Meetings – Reauthorization RECOMMENDATION:
Adopt a Resolution to reauthorize remote teleconferenced City Council and Board and Commission meetings for 30 days, through March 24, 2022, as allowed by Assembly Bill 361 amending the Brown Act, based upon the Governor’s emergency proclamation and findings that meeting in person would present imminent risks to the health or safety of attendees.
BACKGROUND:
At its October 18, 2021, City Council meeting, the Council adopted Resolution No. 100 (2021) authorizing continued remote meetings of the Council and its subordinate legislative bodies due to the imminent risk to the health and safety of attendees due to possible transmission of COVID-19 and the recent spread of variants. The resolution became effective October 18, 2021 through November 17, 2021, or until the City Council adopts a subsequent resolution. AB 361 requires confirming the emergency circumstances 30 days after the first teleconference meeting and every 30 days thereafter. At the October 18 meeting, the Council accepted staff’s recommendation to pass a resolution at every meeting to ensure there is no gap in the effectiveness of authorizing resolutions. The action being requested at this February 7th meeting is to adopt a resolution reauthorizing remote teleconferenced Council and Commission meetings per the requirements of Assembly Bill 361.
It was noted in the original resolution that current health orders require masking in all indoor facilities due to health and safety concerns. In addition, San Mateo County Health Order No. c19-12 provides that the Delta variant is highly transmissible in indoor settings and requires multi-component prevention strategies to reduce its spread. The California Department of Public Health is currently investigating the length of vaccine protection. The Center for Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors as much as possible.
Returning to meeting in the Council Chambers or smaller conference rooms means being in an enclosed space for meetings that commonly last for one to five hours and would seem to create additional exposure for participants to a possible transmission of the virus. These health directives and advice are still in place.
BUDGET IMPACT:
There is no budget impact for taking this action as all software and hardware needs to meet remotely have already been purchased and are in use.
ENVIRONMENTAL DETERMINATION:
Adoption of this resolution authorizing remote teleconferenced meetings of the City Council and City Boards and Commission is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) 11 of 663
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NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Resolution
STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042
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CITY OF SAN MATEO
RESOLUTION NO. ___ (2022)
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF CITY OF SAN MATEO EFFECTIVE FEBRUARY 22, 2022 UNTIL THE EARLIER OF MARCH 24, 2022 OR SUCH TIME THE CITY COUNCIL
ADOPTS A SUBSEQUENT RESOLUTION, PURSUANT TO THE BROWN ACT WHEREAS, the City of San Mateo is committed to preserving and nurturing public access and participation in meetings of the City Council and its Boards and Commissions; and
WHEREAS, all meetings of City of San Mateo’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the District’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City, specifically, the Governor has proclaimed a state of emergency exists for the state of California due to the conditions caused by the COVID-19 pandemic and the impact on the health and safety of its residents; and
WHEREAS, the Delta and Omicron variants are highly transmissible in indoor spaces, the California Department of Public Health is currently investigating how long vaccine protection lasts, and the Center for Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors; and WHEREAS, in accordance with Assembly Bill 361, the City Council does hereby find that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees and the Council desires to authorize continued remote teleconferenced meetings of its legislative bodies; and WHEREAS, as a consequence of the local emergency, the City Council does hereby find that the legislative bodies of City of San Mateo shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies 13 of 663
Resolution No. ___ (2022) Page 2 of 2
Reauthorizing Remote Teleconference Meetings
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shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and
WHEREAS, the City of San Mateo has taken measures to conduct public meetings via virtual tools that allow for members of its legislative bodies and members of the public to join and participate in meetings remotely and provide public testimony in the virtual environment and via teleconference; and WHEREAS, on October 18, 2021, the City Council adopted a resolution authoring remote teleconference meetings of San Mateo legislative bodies, effective until the earlier of November 17, 2021 or when the City Council adopts a subsequent resolution; and
WHEREAS, this resolution represents a reauthorization of such remote teleconference meetings, pursuant to the Brown Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
2. AB 361 Findings.
a. On March 4, 2020, the Governor of the State of California issued a Proclamation of State of Emergency, which remains in effect.
b. Meeting in person would present imminent risk to the health or safety of attendees, because:
(1) The Delta and Omicron variants of the coronavirus are highly transmissible in indoor settings. (2) The California Department of Public Health is currently investigating how long vaccine protection lasts.
(3) The Center for Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors as much as possible.
3. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of San Mateo are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting remote teleconferenced meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
4. Effective Date and Term. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) March 24, 2022, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of San Mateo may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
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Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR File ID: 22-5825 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: February 22, 2022
SUBJECT:
City Council Guidelines – Governance Principles
RECOMMENDATION:
Approve the revised City Council Guidelines to include a new section on Governance Principles.
BACKGROUND:
At its February 7, 2022 study session, Council reviewed and provided direction on adding a section on Key Governance Principles to clarify the parameters and processes with which the Council will govern due to the change to a by-district election structure for Council candidates.
The revised City Council Guidelines, with the addition of a new chapter titled “Key Governance Principles”, is appended to this report as Attachment 1 in track changes.
BUDGET IMPACT:
There is no budget impact from this administrative action.
ENVIRONMENTAL DETERMINATION:
This approval of guidelines is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Proposed Guidelines - Track Changes
STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042
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City Council Guidelines
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Amended by Council action on:
January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, and May 3, 2021 16 of 663
San Mateo City Council Guidelines 5/3/21
2 City of San Mateo, Council Guidelines
Table of Contents
Chapter 1. Purpose and Overview .............................................................................................. 3 Chapter 2. Authority of the City Council ..................................................................................... 4 Chapter 3. Key Governance Principles........................................................................................ 5 Chapter 4. Duties ........................................................................................................................ 7 Chapter 5. Selection of Mayor and Deputy Mayor ................................................................... 10 Chapter 6. Council Member Conduct ....................................................................................... 12 Chapter 7. Meetings ................................................................................................................. 13 Chapter 8. Meeting Agendas .................................................................................................... 18 Chapter 9. Financial Matters .................................................................................................... 21 Chapter 10. Communication ....................................................................................................... 26 Chapter 11. Legislative ................................................................................................................ 31 Chapter 12. Council Liaison Roles ............................................................................................... 34 Chapter 13. Boards and Commissions ........................................................................................ 37 Chapter 14. References .............................................................................................................. 40 17 of 663
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3 Chapter 1. Purpose and Overview
This handbook provides guidelines for the San Mateo City Council that describe the way the Council does its business. It is a compilation of all Council-related rules and procedures that have been formally adopted by Council.
The purpose of these guidelines is to set a standard of professionalism for the conduct of the City Council’s business. San Mateo has a long and proud tradition of open government and civil, intelligent public discourse. These guidelines are intended to enhance public participation and Council debate so that the best possible decisions can be made for San Mateo.
Revisions to these Guidelines
These guidelines, which must be approved by the City Council as a body, are subject to review and future modification as needed.
City Council Vision
The City Council’s vision and strategic goals can be found on the City’s website:
http://www.cityofsanmateo.org/index.aspx?nid=167
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4 Chapter 2. Authority of the City Council
1. The City Council is the policy and lawmaking body of the City. State and local laws define the powers and responsibilities of the City Council.
2. General Authorities and Applicability
Charter section 2.12 and the San Mateo Municipal Code provide that the City Council shall determine its own rules and order of business. When not in conflict with the Charter of the City of San Mateo, or the Constitution or laws of the State of California, these City Council Guidelines (“Guidelines”) shall be in effect upon adoption by resolution of the Council.
3. Revisions to these Rules
The Council shall review and revise these Guidelines as needed.
4. Rosenberg’s Rules of Order
To the extent these Guidelines do not address an issue of parliamentary procedure for legislative body meetings, Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century shall apply.
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5 Chapter 3. Key Governance Principles
In 2022, the City will conduct its first by-district election for City Council members, with districts 1, 3, and 5 holding district elections in November 2022 and districts 2 and 4 holding their first district elections in November 2024. This new election process changes how council members are elected, but not how they govern. It is the intent of the City Council to continue the practice of governing with a citywide perspective. The City Council acts as a body, not as individuals. An overriding principle is that all members of the City Council continue to serve all of the people of San Mateo.
Key Governance Principles
1. Serving the Entire Community
A. The City Council wishes to remain united in its service to the community and will govern by considering the needs and interests of the community as a whole.
B. Members of the City Council will continue to serve all residents, regardless of whether they live within their district. Any member of the City Council may be responsive to requests from anyone in the community.
2. City Management and Governance
Professional management in a Council-Manager form of government will continue, with all of the best management practices that the City Council currently receives.
3. Use of City Resources
A. The City Council will strive to use taxpayer resources efficiently and effectively, while providing consistent services for all residents. Resources will be allocated based on the City’s long-term strategic plan and citywide considerations of service levels and financial capacity.
B. Budget allocations and financial considerations will not be made based on districts.
4. Distribution of Council Duties and Events
Fair distribution of duties and assignments is a priority. Long-standing practices regarding invitations to members of the City Council to events and activities, appointments to committees and various bodies, and the process for board and commission appointments will remain in effect.
5. Communications and Access to Information
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6 A. Council members will have equal access to information. Information necessary for the City Council to govern on a citywide basis will be shared with all City Councilmembers.
B. Communication resources will be provided on a citywide and/or program-level basis with equitable distribution across districts.
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7 Chapter 3.Chapter 4. Duties
1. Duties of the Council
A. Refer to the City of San Mateo Charter for a detailed description of codified duties of the City Council.
B. Disaster Responsibilities
1. In the event of a disaster, the City Council holds the following roles:
a. Primarily, to make decisions that will enable the emergency operation to continue effectively.
b. To liaison to other governmental agencies that are responding to the disaster.
c. To assist in the conveyance of public information.
2. See the “Elected Officials’ Guide to Managing Disasters” from the California Office of Emergency Services for a detailed description of the roles and responsibilities of Council Members in times of disaster.
2. Duties of Mayor
A. To conduct meetings of the City Council as its chairperson.
1. Ensure that consideration of items on the agenda move along without delay.
2. Ensure that petitioners, proponents and opponents are heard but not allowed to disrupt the meeting.
3. Ensure that decorum is maintained at the meeting.
4. In presiding over matters where the public has provided testimony and/or raised questions, the Mayor should:
a. Restate the question coming before the Council.
b. Direct questions or comments requiring a response to staff for a response.
c. Ensure that staff and members of the public direct their comments to the chair.
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8 d. If necessary, help keep Council Member questions relevant to the matter being considered by the Council.
e. If necessary, consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
f. Announce the decision of the Council on all subjects.
5. To ensure that each member of the Council is provided an opportunity to completely express their views on items of business, the Mayor should:
a. See that Council Members ask to be recognized by the Mayor before speaking.
b. Ensure that each Council Member is given the opportunity to fully express their views.
B. To represent City Government as its chief elected official at community functions, events, meetings, and business outreach and retention visits.
C. On behalf of the City Council, to officially welcome dignitaries, officials, and gatherings.
D. To vote on behalf of the Council at regional meetings such as the San Mateo County Council of Cities/City Selection Committee; provided that the vote is not inconsistent with established policies or previously expressed Council consensus.
This is expected protocol for any Council Member who represents the City on any regional bodies.
E. To correspond on behalf of the Council on subjects, issues, and legislative proposals provided that opinions expressed on behalf of the Council or City Government are not inconsistent with established policies or previously expressed Council consensus.
F. To vote as the City’s “voting delegate” at the League of California Cities Annual Conference and other similar meetings. This responsibility may be delegated to another Council Member.
G. To review the agendas of meetings of the City Council and participate in their preparation as necessary.
H. To recommend Council Members for liaison positions on various boards, commissions and agencies. The Mayor’s recommendations shall be discussed and confirmed by a majority vote of the Council and are subject to change.
I. To serve as the City’s primary contact for the media. 23 of 663
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9 J. Nothing under the Mayor’s duties shall limit any individual Council Member’s ability to interact with members of the public.
3. Duties of Deputy Mayor
In the absence of the Mayor from the City or a Council meeting, the Deputy Mayor shall possess all powers of the office of the Mayor; and be subject to all prescribed duties for that office.
4. Duties of Council Members
A. Arrive on time for all Council meetings.
B. Review all meeting materials in preparation for Council meetings.
C. Fulfill the liaison assignments to external agencies, legislators, and the City’s boards and commissions.
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10 Chapter 4.Chapter 5. Selection of Mayor and Deputy Mayor
1. City Council reorganization, including rotation of the office of Mayor and Deputy Mayor occurs annually at the regular meeting in December.
2. The City Council believes that experience as a Council Member will assist those who are selected to serve as Mayor or Deputy Mayor, and that it is in the City’s best interest that these selections be made in a manner that permits the Mayor and Deputy Mayor to gain that experience in cycles of governing and to acclimate themselves to the jobs, tasks, and roles prior to assuming their respective offices.
3. It is appropriate to base such succession on rotation, seniority and election results according to the following:
A. Each Council Member has a specified position in the rotation sequence. In any year, the first person in the sequence is typically selected as Mayor, and the second in the sequence as the Deputy Mayor.
B. After serving as Mayor, that Council Member moves to the end of the rotation sequence, and the other four Council Members move forward.
C. When a Council Member is newly elected or appointed (as the result of a cancelled election), that new Council Member goes into the fourth position in the rotation, after all incumbents, but before the current outgoing Mayor.
D. If two or more Council Members are newly elected at the same time, the number of votes received in the election determines the position in the sequence, with the new Council Member receiving the highest number of votes being the first among the new Council Members.
E. If two or more Council Members are newly appointed at the same time, (as the result of a cancelled election), the newly appointed Council Members shall draw straws to determine their position relative to one another in the rotational sequence.
F. If a Council Member is appointed to fill a mid-term vacancy, that Council Member will go to the bottom of the rotational list.
G. Incumbent Council Members, when re-elected, do not begin anew at the bottom of the list, but rather retain their placement in the rotation.
H. If for any reason (death, resignation, recall, not seeking re-election, etc.) a Council Member is removed from the rotation, the remaining Council Members move forward in the sequence.
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11 I. A Council Member may decline to serve as Mayor or Deputy Mayor. In this case, the office would pass to the next Council Member on the list. The Council Member who declined may drop back one position in the rotation.
4. When the Council reorganizes, the outgoing Mayor will nominate the Deputy Mayor to succeed him/her. The newly appointed Mayor will then nominate the next Council Member in the rotational sequence to serve as Deputy Mayor for the coming year.
5. The process described above shall guide the council’s selection of the Mayor and Deputy Mayor; however, a majority of the City Council retains the authority to disregard the process and select any member of the City Council for these positions.
6. The City Clerk shall keep a list outlining the suggested rotational sequence and update it annually.
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12 Chapter 5.Chapter 6. Council Member Conduct
1. Members shall:
A. put constituents first at all times;
B. treat each other, staff, and members of the public with dignity, courtesy, and respect;
C. maintain confidentiality of all closed session materials and discussion;
D. be attentive to others, limiting interruptions and distractions;
E. encourage diverse viewpoints in debate while being mindful not to prolong discourse or block consensus;
F. agree to respectfully disagree;
G. keep comments clear, concise, and on-topic;
H. start and end meetings on time, work from the agenda; and
I. present problems in a way that promotes discussion and resolution; and.
2. Council Members shall not participate as a volunteer in any of the City’s operating departments.
3. Council Members are subject to all the provisions of the City’s Harassment, Discrimination and Reasonable Accommodations for Disabilities Policy (#301). 27 of 663
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13 Chapter 6.Chapter 7. Meetings
1. All Council decisions must be taken at City Council meetings. Before taking action, the City Council may be informed by project applicants, interested members of the public, and City staff.
2. No business may be transacted by the Council at a regular or special meeting unless a quorum of the membership is present (50% plus one of those currently serving).
3. Council Meeting Dates
A. If at any time any regular meeting of the Council falls on a holiday, the regular meeting shall be held on the next business day or the earliest business day within a week.
B. Once a year, adopt a schedule of Council meetings for the following year identifying any regular meeting dates that need to move due to major holidays.
C. Meeting dates may be amended with the approval of the Council.
4. Types of Meetings
A. Regular Meetings are conducted at City Hall Council Chambers on the first and third Monday nights of each month. In July, August, and December, only one meeting is held during the month. The meetings begin at 7:00 p.m. It is City policy to make every effort to complete and distribute the agenda and related reports by the preceding Thursday. For major complex projects and policies, the City will make every effort to distribute reports as early as possible before the meeting when the item will be considered.
B. Special Meetings are called at a non-regular meeting date and time. They are called by the Mayor or Council with a minimum of 24 hours’ notice, versus 72 hours’ notice for regular meetings.
C. Study Sessions are special meetings that are held for the purpose of providing information to the City Council, particularly on issues that are more complex or more time-consuming than matters typically scheduled on a regular City Council meeting. At study sessions Council Members may state their individual responses and questions to the information provided and may collectively provide direction to City staff. No action is taken at the study sessions, but direction may be given.
D. Closed Sessions can be part of either special or regular meetings. The Council conducts its business in public to the greatest extent possible. State law recognizes that public discussion of certain items could jeopardize the public interest, compromise the City’s position, or cost the citizens of San Mateo financially, and, 28 of 663
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14 therefore, generally allows the City Council to hold closed session meetings for the consideration of certain personnel matters, labor negotiations, real property negotiations, matters of public security, and the discussion of litigation, among other things. These rules provide for strict confidentiality of City Council discussion as required by State law. The procedures for the conduct of the closed sessions shall be the same as those for open session meetings, except that the public, after an opportunity for public comment, are excluded.
E. Emergency Meetings are allowed per the Ralph M. Brown Act when an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of the public’s well-being.
F. Adjourned Meetings due to Power Outages
In the event a quorum of the City Council loses electrical power or suffers an internet connection outage not corrected within 15 minutes, the meeting will be adjourned to a date certain. Any items noticed as public hearings will be continued to the next regularly scheduled meeting of the City Council. Any other agenda items the Council has not taken action on will be placed on a future agenda.
5. Voting
A motion, second, and a majority vote of the Council shall be required for any formal action of Council.
6. The Mayor, with the approval of a majority of the Council, can change the order of hearing of items on the agenda.
7. Public Participation
A. Members of the public are encouraged and invited to participate in the legislative process by submitting written comments before the meeting or speaking in person at a meeting.
B. It is the intent of these rules to allow everyone to be heard without fear of jeers or cheers that may discourage public participation. For this reason, these rules are taken seriously. Disruptive or unruly behavior may result in removal from the Council meeting.
C. Time Limits for public comment:
1. Individual Speakers - 3 minutes
2. Organized group (in lieu of individual speakers) – up to 15 minutes, for a group presentation, as many speakers are allowed as fit in that time allowance
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15 3. The Mayor may, at their discretion, limit the amount of time allotted to the speaker(s)when needed.
D. Members of the public are invited to speak at the lectern microphone to ensure all attendees can hear and so that it can be captured on the video recording.
E. Individuals who wish to speak should submit a speaker card to the City Clerk to be called up at the appropriate time.
8. Agendized Discussion Items (Public Hearings, New Business, Old Business)
A. Staff / applicant presentation
B. Council questions to applicant and/or staff
C. Open public hearing (or public comment section) for testimony
D. Close public hearing (or public comment section)
E. Response by staff to public questions/concerns, if warranted
F. Council discussion and deliberation
G. Council votes
9. Appeals
A. Appeals are public hearings and will follow the order stated in #8 with the following time allocations:
1. Appellant – 15 min
2. Individual Speakers – 3 min
3. Rebuttal – 5 min
4. If the appellant is not the applicant, the applicant shall also have 15 min, following the Appellant
5. Tenant Relocation Appeals Hearings – both the Landlord and the Tenant shall each be given 15 minutes to present, and each shall have a 5-minute rebuttal
B. Appeals from decisions of the City’s Boards and Commissions shall appear on the Council agenda for discussion. Council determines whether to affirm the action of the commission, refer the matter back to the commission, or reverse the decision. 30 of 663
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16 C. Any person that addressed the Council during one of the fifteen-minute periods may not speak again during the public comment period for individual speakers on the appeal.
10. Items Considered after 11:00 p.m.
At 11:00 pm Council will determine with a majority vote or consensus whether to continue with an item or if they will take up any remaining unheard items.
11. Action Minutes
A. The City Council shall use Action Minutes (action minutes contain very little, if any, narrative content) or light summary at the discretion of the City Clerk, to record their proceedings.
B. Motions and votes are shown in the record.
C. Media (audio/video) recordings will be used in order to provide a verbatim record of meetings as identified in the City’s Records Retention Schedule.
12. Conflict of Interest
A. The Political Reform Act (PRA), implemented, regulated and enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest.
B. The other applicable law is Government Code §1090, which applies only to City contracts in which a public official has a financial interest.
C. Whenever it appears to a Council Member they may have a prohibited financial interest in any City contract, or an item that may be presented to the City Council, the Council Member should consult with the City Attorney at the earliest opportunity for advice on whether a disqualifying conflict of interest exists.
D. If the City Attorney is consulted on such a matter, the City Attorney shall provide their advice in writing, and shall provide a copy of their opinion to the City Council, the City Manager, and the City Clerk.
E. With full consideration of the City Attorney’s advice, it is up to each individual Council Member to decide for him/herself whether there is a conflict of interest.
F. A member shall not vote upon any matter on which they have a conflict of interest.
G. A member shall openly state the reason for their conflict of interest. 31 of 663
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17 H. A member who is disqualified by a conflict of interest shall recuse him/herself from the dais and leave the room unless it is during the Consent Calendar. 32 of 663
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18 Chapter 7.Chapter 8. Meeting Agendas
1. Agenda Order
City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below.
A. Opening
1. Pledge of Allegiance
2. Roll Call
B. Ceremonial matters
The presentation and receipt of ceremonial resolutions and celebrations not requiring formal legislative action. In order to ensure the business of the meeting can be handled timely, no more than three (3) items will be scheduled under ceremonial in any meeting; only one speaker representing the group; and no more than three (3) presentation slides may be used.
C. Consent Calendar
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.
D. Public Comment
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda. Comments may be referred to staff for follow up. Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment will be provided later in the agenda, if needed.
E. Public Hearing
Duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Council.
F. Old Business
Non-routine items that have been presented before that require further oral presentation and/or discussion before action is taken.
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19 G. New Business
Non-routine items requiring an oral presentation and discussion before action is taken.
H. Reports and Announcements
City Manager, City Attorney, and Council Members report on their various assignments and liaison roles, and Council Members may make individual requests to schedule future items for consideration. A majority vote of Council is required to place a request on a future agenda. If a Council Member is going to make a request to agendize an item, such as a resolution of support, a copy of the proposed resolution should be send no later than the time of the agenda packet issuance in order to give the other Council Members adequate time to review and determine if it is something they would like to support.
I. Additional Public Comment (if needed)
J. Adjourn
2. Agenda Item Submission
A. Persons who can place matters on the agenda: City Manager or City Attorney
B. Council Member:
1. A Council Member may request an item be considered on a future agenda and, upon agreement through a vote of a majority of Council, staff will prepare an agenda report and place the item on a future agenda. Before the vote staff will provide information on how much staff time is estimated to be required to produce the agenda report.
2. Council Members may make this request verbally during a meeting or may submit a written request.
C. Members of the Public
1. A member of the public may request Council action in the following ways:
a. Write a letter to the City Council
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20 2. Upon agreement of a majority of the City Council, Council will determine whether to place on a future agenda an item requested by the public. 35 of 663
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21 Chapter 8.Chapter 9. Financial Matters
1. Council Member Compensation
A. State law sets the overall level of compensation for City Council Members (California Government Code § 36516).
B. Compensation of Council Members is set by Resolution (see the San Mateo City Charter, Section 2.03 Compensation).
C. Council Member benefits are established in San Mateo City Charter, Section 2.04 Benefits and Expenses.
D. A full explanation of Council Member compensation is available on the City’s website.
2. City Council Expense Reimbursement Policy
A. Authorized Expenses
1. City funds, equipment, supplies, titles, and staff time must only be used for authorized city business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:
a. Communicating with representatives of regional, state, and national government on matters of interest to the City.
b. Meeting with City staff on matters relating to City business.
c. Attending educational seminars designed to improve officials’ skill and information levels.
d. Participating in local, regional, state, and national organizations whose activities effect the City’s interests; however, a member of the City Council shall not accept an elected or appointed position that would require anticipated costs to the City of more than $100 annually without City Council approval.
e. Recognizing the service to the City (for example, thanking a longtime employee with a retirement gift of nominal value).
f. Attending fundraising events for nonprofit entities providing services of benefit to the City and /or its residents.
g. Attending City events.
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22 h. Implementing a City approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member.
2. All other expenses require prior approval by the City Council.
3. The City will not reimburse the following expenses:
a. The personal portion of any trip.
b. Political contributions or events.
c. Family expenses, including partner’s expenses when accompanying official on agency-related business.
d. Entertainment expenses, such as movies, sporting events, or cultural events.
e. Non-mileage personal automobile expenses, including repairs, citations, insurance or gasoline.
B. Cost Control
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. If expenses are incurred that exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within these guidelines.
1. Airfare
Airfares that are equal to or less than those available through the League of California Cities, the California State Association of Counties and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. If no discounted airfare is available through these entities, then the most reasonable and economical airfare possible should be utilized.
2. Airport Parking
Long-term parking must be used for travel exceeding 24 hours.
3. Automobile
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23 may be reimbursed for bridge and road tolls. For rental vehicles, only receipted fuel expenses will be reimbursed.
4. Car Rental
Rental rates that are equal or less than those available through the State of California’s website Car Rental Resources for State Travel shall be considered the most economical and reasonable for purposes of reimbursement under this policy.
5. Conferences/Meetings
If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, rates that are equal to or less than the group rate at the host hotel are presumed to be reasonable and reimbursable for purposes of this policy.
6. Internet
Officials will be reimbursed for Internet access connection and/or usage fees away from home, if Internet access is necessary for City business.
7. Lodging
Council members are expected to select the most cost-effective and logical lodging available, including utilizing the lodging at the conference/training site, if available. If there is not specific lodging associated with the official City business, the City shall pay for actual lodging expenses up to the United States General Services Administration (GSA) maximum rate allowed by location (Per Diem Rates | GSA). This maximum applies to the room rate only and does not include any taxes or fees. Government rates for lodging are often available and should be sought. The City will pay only for standard single rooms, including taxes and fees, for individual Council members, and any additional nonbusiness expenses incurred will be paid by the Council member.
8. Meals
The City will pay for a Council member’s meals during authorized, required travel up to the per diem amount (Per Diem Rates | GSA). If meals are included in the cost of a conference or training, the City will not pay for a meal that an employee elects to purchase from another source. Unlike lodging, using the per diem methodology for meals that is limited to the 38 of 663
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24 GSA amount eliminates the need for employees to submit receipts. Thus, the Council member only needs to report the per diem amounts in the expense report, but not the actual receipts. This only applies to meals, as all other travel expenses require a receipt to substantiate the purchase.
When the meal function is an organized event, the official or employee shall be reimbursed the amount being charged by the event organizer for the meal. The City will not pay for alcohol/personal bar expenses.
9. Taxis/Shuttles
Taxis or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline, and parking combined, or when such transportation is necessary for time-efficiency.
10. Telephone/Fax/Cellular
Officials will be reimbursed for actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business.
11. Transportation
Officials traveling on City business shall use the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements, using the most direct, time-efficient route.
Government and group rates must be used when available.
C. Expense Reports
1. Expense reimbursement requests must be submitted on an expense report form provided by the City. Reports must document how the expenditure met the requirements of this policy.
2. Expense reports must be submitted within 30 days of an expense being incurred; and must be accompanied by receipts documenting each expense.
3. Expense reports are a public record.
D. Audits of Expenses
All expenses are subject to verification that they comply with this policy.
E. Reports on Meetings
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25 Each official shall briefly give an oral report on any Brown Act meetings they attended for which they receive expense reimbursement at their next City Council, Board, or Commission meeting.
F. Violation of this Policy
Under state law, use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency’s reporting the expenses as income to the official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.
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26 Chapter 9.Chapter 10. Communication
1. All communications are public records.
All letters, memoranda, email communications, texts and other social media platform writing involving City Council Members and members of boards, commissions, committees, and task forces, the subject of which relate to the conduct of government or the performance of any governmental function, with a few exceptions as outlined in the Public Records Act, are public records.
2. The Council, in adopting this policy, does not waive attorney-client-privilege or any other privilege associated with a closed session authorized under the Ralph M. Brown Act.
3. Ralph M. Brown Act
Each Council Member should be mindful of all of the requirements of the Brown Act in communicating with each other.
4. Mail Processing
A. Members of the City Council may receive mail and other materials through City Hall.
B. City Clerk staff open all incoming mail for the Mayor and Council Members, unless it is labeled personal and confidential.
C. City Clerk’s Office staff disseminate these materials to individual Council Members.
City Staff will scan and email correspondence.
D. General correspondence addressed to Council Members as a whole may be opened and delivered to all Council Members, if appropriate.
5. Correspondence
A. The City Clerk is authorized to receive and take administrative action on all correspondence directed to the City Council. The City Clerk may also respond to correspondence submitted to the full City Council on non-agenda items or authorize a staff member to respond. A courtesy copy is provided to each Council Member.
B. Generally, correspondence relating to a specific City Council agenda item shall be distributed with the agenda report; correspondence received after the publication of agenda packet is to be compiled and distributed to the City Council prior to the City Council meeting (known as a Dais packet). This additional correspondence is 41 of 663
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27 appended to the Agenda Report as public comment on the public meeting portal and in the records repository permanent record.
C. After the City Council has taken a position on an issue, official correspondence should reflect this position. While Council Members who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official City Council title, and staff support should not be utilized. In addition, City letterhead and staff support cannot be utilized for personal or political purposes.
D. City letterhead, logo, insignia and brand, as well as staff support, cannot be utilized for personal or political purposes.
6. Electronic Communication Record Retention
A. All emails sent and received through the City server are saved for at least two years on the City’s network and are subject to the Public Records Act.
B. Communication on social media sites are saved for at least two years.
C. Text messages sent on any City-provided device are saved for at least two years.
7. Social Media Use as a Council Member
Social media are internet-based platforms that allow for interactive communication and engagement with the public. These may include (without limitation): Facebook, Twitter, Instagram, YouTube, TikTok, Snapchat, blogs, etc.
The City’s image as a professional organization is critical to maintaining the respect of the public, and members should use discretion when posting or communicating on social media. If Council Members choose to maintain and use personal social media accounts to conduct City business, they must follow current federal and state regulations, as well as Council and City policies.
A. Brown Act: Social media postings may turn into an interactive dialogue. The Brown Act has expanded to provide guidance on elected officials use of media platforms that are free of charge and open and accessible to the public.
1. Permitted Uses: You may answer questions, provide information to public and solicit information from the public about city business; share a City post to your Council Member site; and tag other elected officials in a post.
2. Prohibited Uses: A majority of the members may not use social media to discuss agency business and a member may not respond directly to any posting by another member regarding agency business including no ‘likes’ ‘thumbs up’, ‘emojis’ or other symbols.
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28 B. First Amendment. Councilmember social media platforms can become public forums subject to First Amendment requirements. If a social media platform is 1) used for City business and 2) has interactive features that are accessible to the public without limitation, it is a public forum. The City’s Social Media Policy contains rules for public participation and addresses what will constitute unacceptable content. In general, officials may not block a member of the public from their social media sites if those sites have become public forums. If unacceptable content appears on a site that has become a public forum, please consult with City staff.
C. Public Records: Members are prohibited from deleting social media posts and related comments regarding any City-related matters to avoid violating the California Public Records Act. Social media is subject to the City’s record retention schedule.
D. Best practices: Officials should be honest and accurate when posting information or news, especially when communicating during a crisis or emergency. Any mistakes, misstatements and/or factual errors must be corrected quickly upon discovery. When possible, news of citywide importance should first be announced by the official City-affiliated accounts then can be reshared by Council Members.
Unless the member has been designated to serve as a spokesperson, members should never represent themselves as a spokesperson for the entire Council or City. Members should be mindful of recognizing that accomplishments of the City or Council are achieved by collective action of the entire body or organization.
8. Written Communications for Council Meetings
D. The deadline for the receipt of written communications for inclusion in the agenda packet is up to 4:00 pm the Wednesday before the Council meeting. This is to allow for adequate staff review and analysis, and to ensure public access to information, all plans, correspondence, and other documents supporting planning applications being heard by the City Council.
E. To be included in the Dais packet, communication may be received up until 4:00 pm the day of the scheduled meeting.
F. Materials distributed to Council Members during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the City or a Council Member, or at the conclusion of the meeting if prepared by another person.
G. If a Council Member receives materials regarding an agenda item, they shall forward it the City Clerk and the City Manager as soon as possible. 43 of 663
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29 H. If late correspondence is received, the City Council will determine at the meeting whether to continue or refer the item to the appropriate Board and/or Commission if significant changes to a project, or significant new information has become known.
9. Council Communication to Boards and Commissions
A. Council Members should be mindful not to unduly influence—through their attendance—the decision at a Board or Commission meeting so as not to get ahead of the process.
B. It is not appropriate for a Council Member to make public comments at a Board or Commission meeting.
10. Council - Staff Relations
A. Individual Council Members may make requests of City staff through the City Manager or Department Head for limited research and information without the formal concurrence of a majority of the member’s colleagues. Requests that will require significant staff time may be referred to the full Council and only pursued if supported by a majority of the Council.
B. Council Members are encouraged to submit their questions on agenda items to the City Manager or Department Head (copying the City Manager) as far in advance of the meeting as possible so that Staff can be prepared to respond at the Council meeting.
C. Council Members should direct any questions on agenda reports to the City Manager or designee.
D. Clarifications or technical questions will be answered before the meeting whenever possible.
E. Questions and all Staff-prepared responses will be forwarded to all Council Members.
11. Speaking for “the City”
Similar to written correspondence, when Council Members are requested to speak to groups or are asked the City Council’s position on an issue, the response should reflect the position of the City Council as a whole. Of course, a member may clarify their vote on a matter by stating, for example, “While I voted against X, the City Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.
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30 12. Speaking as an Individual
On occasion, Council Members may wish to transmit correspondence on an issue upon which the City Council has yet to take a position or about an issue for which the City Council has no position. In these circumstances, members should clearly indicate in their communications that they are not speaking for the City Council as a whole, but for themselves as an individual member of the Council. City letterhead and office support may be utilized in these circumstances.
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31 Chapter 10.Chapter 11. Legislative
1. Council Legislative Committee
A. It is the policy of the City Council that the Council be involved in the development of the City’s position on significant pending federal and state legislation that may directly impact the City of San Mateo.
B. The offices of Mayor and Deputy Mayor are the Council’s Legislative Committee.
C. The Legislative Committee may meet annually or as needed to draft the City’s legislative priorities; and shall meet when necessary to develop recommendations for the City’s position on legislative matters.
D. Pending legislation for consideration by the Legislative Committee can be submitted to the Committee by a Council Member, City Manager, or by a Commission Staff Liaison if a majority of their commission voted in favor of submission to the Legislative Committee.
E. The Committee’s recommendations shall be presented to the City Council for its consideration; if there is a pressing and urgent need to comment on pending legislation and getting approval in a City Council meeting is not practical, the Legislative Committee may take immediate action to communicate with legislators and copy the entire City Council on the communication and provide a brief report of action taken under Reports and Announcements at the next City Council meeting.
F. The Council shall direct the Mayor or other City official to communicate the City’s position on legislative matters to the appropriate legislative bodies.
2. Ceremonial Matters
A. There are several different types of action the Council may take to provide recognition or express appreciation:
1. Certifications of Appreciation or Recognition
Commendations typically issued to acknowledge the activities of a person or organization. These certificates may be issued by any member of the Council without formal action. Examples of traditional recipients would include departing Board and Commission Members, high school students with 4.0 grade point averages, Chamber of Commerce Outstanding Businesses Awards, winners of local art or speech contests, etc. 46 of 663
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32 2. Commendatory Resolutions
Typically used to handle matters requiring some type of formal memorialization such as the retirement of a long-tenured employee, or outgoing Mayor or Council Member.
3. Proclamations
Public announcements directing attention to a person, organization, or event. Proclamations will be issued subject to the policy described below.
B. Preparation of City Proclamations
1. It is the policy of the City Council to issue proclamations for certain events or causes, when such a proclamation positively impacts the community and conveys an affirmative message to residents. Examples of causes for which proclamations are regularly and routinely issued include; but are not limited to: notable accomplishments by citizens, youth groups, schools, local organizations, non-profit groups, and local events that deserve special recognition. Discretion should be used in determining whether or not to issue a proclamation. Proclamations that are political in nature, are controversial, or that likely would not enjoy a high level of community interest and support, are discouraged.
2. It will be the policy of the City Council to process requests for proclamations in the following manner:
a. The City Clerk will review the request with the Mayor.
b. If the Mayor determines that the proclamation request is consistent with the policy stated above, the Mayor will direct the City Clerk to prepare the proclamation and the proclamation will be issued.
c. If the Mayor determines the proclamation request is not consistent with the policy stated above, the request will be routed to the other Council Members to determine if there is interest in issuing the proclamation.
d. If a Council Member has interest in issuing the proclamation that the Mayor determined was not consistent with this policy, that Council Member will sponsor the item and shall be responsible for drafting the language to be contained in the proclamation. The sponsor Council Member shall provide the draft proclamation language to the City Clerk.
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33 e. Upon receipt of the draft proclamation language, the City Clerk will place the item for consideration to considering issuing on the Consent Calendar at the next available meeting. The proclamation will be issued upon a majority vote of the Council. Depending on the nature and time-sensitivity of the request, the Mayor and Deputy Mayor can act without full formal concurrence of the Council when the situation warrants.
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34 Chapter 11.Chapter 12. Council Liaison Roles
1. The City Council will collectively review and approve liaison appointments. The recommended appointments will, to the best of the Council’s ability, attempt to match the requested positions with the needs of the respective body and the experience of the Council Member, while also attempting to equitably balance the distribution of assignments.
2. It is generally suggested that newly elected Council Members undertake a limited number of assignments during their first year, to allow opportunity to gain familiarity with the obligations and expectations of the role.
3. The assignment of City Council liaisons is conducted annually according to the following process:
A. Following the reorganization in December, the City Clerk will distribute a memo to each Council Member which will include a list of potential liaison assignments.
B. Each Council Member will complete the list in a manner which prioritizes the assignments of interest to them; and will submit their list to the City Clerk in December.
C. The ranking process uses the following methodology:
1. Top priority = I really want this (please mark at most only two #1s)
2. This is something I would like to have
3. I’ll take this one for the team
4. I do not want (perhaps the meeting timing does not work for you)
D. The City Clerk will assemble responses into a table and provide to the Mayor. The Mayor uses the following additional criteria to make assignments: Continuity assignments remain with the assignee unless the member is opting to step down from the role (see section 5 below); assignments will be assigned by highest priority desired with 1’s first, 2’s second etc.; in case of ties, overall balance and then seniority will be taken into account (for example, did the Council Member get their other first choice? Does the Council Member have other “plum” continuity assignments; Ideally, everyone will get at least one of their top priorities; and you do not need to use your top rankings to hold onto continuity assignments.
E. In the event that a liaison has not been identified for each commission, the Mayor will divide any remaining liaison positions amongst the Council, attempting to equitably balance the distribution of the assignments and associated workload. 49 of 663
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35 F. The Mayor, working with the City Manager and City Clerk, will utilize the responses to present an Agenda Report and conduct a discussion at the first meeting in January regarding the liaison appointments.
G. The Mayor and Deputy Mayor have traditionally been assigned to the following bodies:
1. City Council Legislative Committee - ordered by Resolution 158 (1981)
2. City Budget and Audit Committee
3. Council of Cities – City Selection Committee (Mayor)
4. Honorary Chair of Sister Cities Association (Mayor)
H. The City Clerk shall maintain a list of all such appointments. The final liaison list will be distributed to all Council Members and posted on the City’s website.
4. Liaison to the City’s Boards and Commissions
A. Each of the City’s Boards and Commissions has a Council Member who serves as its Council liaison.
B. Council Members should act as an advisor and resource to commissioners and the commission’s staff liaison when issues regarding process, procedure, attendance, interpersonal or public relations arise.
C. The Council liaison serves on the Appointment Subcommittee for the Commission they are assigned to. In the event the Mayor is serving as the commission’s liaison, the minimum subcommittee shall consist of the Mayor and Deputy Mayor.
5. Continuity Appointments to External Agencies
A. The City Council has identified certain appointments for which there is a strong need and desire for consistency and continuity in terms of Council participation and representation and the Mayor will maintain the current Council Member assigned as liaison to that body. The Council will have an opportunity at its annual review to see if a supplemental designation is needed due to changing conditions or if new bodies have been added to the list. All continuity appointment should also have an Alternate assigned, so a member can be ready to take over the role if needed.
1. B. Liaison appointments to these bodies would not annually be re-assigned to another Council Member, as this would not provide the desired consistency. If it became necessary to re-assign the liaison for one of these bodies as the result of a vacancy or other reason, the liaison role would not typically be assigned to a newly 50 of 663
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36 elected Council Member. A Council Member with an interest in serving as liaison to any of these continuity bodies should confer with the current representative; and consider acting as an alternate or “shadowing” the current liaison for a time to learn more about the body’s functions and duties.
C. If a Council Member who is assigned as liaison to one of the aforementioned bodies anticipates leaving office, every effort should be made to mentor another Council Member so that those critical relationships can continue uninterrupted.
6. Council of Cities Appointments
A. In the case of appointments made by the regional Council of Cities - City Selection Committee, upon receipt of the City Selection Committee agenda packet listing all positions and nominees to be voted on, if time allows, the City Council may schedule a special meeting prior to the Council of Cities meeting to discuss and agree upon preferred appointees. this will allow the Mayor, or their proxy, to have clear direction on whom to vote for that reflects the best interest of the City. If scheduling a meeting is not practical, the Mayor and Deputy Mayor may confer on the vote. In the case of nominations from the floor at the City Selection voting meeting, the Mayor, or their proxy, will vote their conscience based on the feedback previously given by the City Council as a whole. In December every year upon the Mayor’s rotation, a standing proxy shall be filled out and filed with the City Selection Committee for the year naming who may vote in the Mayor’s absence. The Deputy Mayor will be given first priority followed by any Council Member who has the most latitude and ability to attend the meetings. 51 of 663
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37 Chapter 12.Chapter 13. Boards and Commissions
1. Refer to the San Mateo City Charter Article VI on Boards and Commissions.
2. Council Members should refrain from participation at Board and Commission meetings to avoid influencing the outcome of those meetings.
3. Reappointments, Vacancies, and Appointments
A. The City Clerk’s Office manages the Boards and Commissions (hereafter referred to as “Commission” for ease of reference) application process. The process begins with the Clerk contacting members who are eligible for appointment to a second term and finding out their interest in reappointment.
B. The City Clerk then shares the results with each appointment subcommittee and receives direction on the need to schedule an agendized appointment subcommittee meeting to provide direction on reappointments. The default is that currently serving Commissioners will each be interviewed for reappointment.
However, if it is determined that a commissioner’s performance is outstanding, or that other factors necessitate keeping them in their role, then an automatic reappointment can occur with a majority vote or majority consensus of the City Council. Any commission seat selected for re-interviews, means the seat will be processed as part of the full annual recruitment and the currently sitting commissioner may be interviewed along with other applicants.
C. The City Clerk recruits for all open seats utilizing multiple avenues including:
advertising, website, social media, and networking lists to present qualified candidates to the Council for consideration.
D. The interview and selection of candidates is an open process.
E. The City Clerk receives the applications (ideally a minimum of three applications is sought for each vacant seat) and arranges for the appropriate sub-committee, in a noticed special meeting, to interview applicants and form their recommendation.
F. Commissioners, Board and committee members (hereafter referred to as “Commissioners” for ease of reference) serve staggered terms.
G. An “Appointment Subcommittee” may include up to five City Council members.
The City Council shall appoint the members of the Appointment Subcommittee.
As a minimum, the Appointment Subcommittee shall include; and a quorum shall be established as: 1) the Mayor (or their Council designee) and the Council liaison to the Commission. The Department Head affiliated with that Commission shall participate as a non-voting member of the Appointment Subcommittee. 52 of 663
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38 H. Except when reappointment is recommended, or an established eligibility list is used, the Appointment Subcommittee shall conduct candidate interviews and make a recommendation for Council approval. Interviews shall be conducted in a noticed public meeting with at least a quorum of the Appointment Subcommittee present.
I. At the conclusion of an Appointment Subcommittee’s interviews of candidates, and the agreement on the recommended candidate, the appointment subcommittee may then designate up to two applicants who would be considered for listing on the eligibility list for a one-year period. The eligibility list is then ranked according to preferred next seating to a Commission vacancy. The list is only established with the full agreement of the Appointment Subcommittee. It is not a requirement that an eligibility list be established if there are not applicants that are deemed qualified. This list may be used for automatic next appointments in the event of an unscheduled vacancy, the next person on the eligibility list would be submitted as the recommended candidate from the appointment subcommittee on the next City Council regular meeting Consent Calendar.
J. The full Council will receive the Appointment Subcommittee’s recommendation and the full list of candidates for each opening.
K. The Appointment Subcommittee recommendations for new and reappointed Commissioners are confirmed by Council under the Consent Calendar at regular Council meetings. An agenda report summarizing the Subcommittee’s recommendations and including the full list of candidates reviewed for each opening will be provided to the full City Council. Council may adopt the recommendations as presented or pull the item for further discussion. The City Council can consider for appointment any of the candidates interviewed.
L. A majority vote of Council approves the appointees.
M. Commission recruitment begins annually in the month of March, and completes in May, in order to ensure continuity on commissions before terms end June 10th.
N. Unscheduled Vacancies
1. Subject to the Maddy Act (California Government Code § 54970), if an unscheduled vacancy occurs on a commission, the Council may either appoint from the pool of applicants on file (the eligibility list if there is one available) or open up the position to new applications where the above process is followed.
2. For such non-routine vacancies, the announcement for new applications is made as soon as possible in order to maintain viable memberships on the various boards and commissions.
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39 3. All appointments occur in an open public meeting.
O. Youth Activities Council (YAC) Selection Process
The YAC is the only group not appointed directly by the City Council but through an application method administered by the Parks and Recreation Department.
High school students from all of the City’s public high schools, as well as Junipero Serra High School and Nueva Upper School, are recruited for potential participation starting in the late spring of each year. 54 of 663
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40 Chapter 13.Chapter 14. References
1. San Mateo City Charter, §2.03, 2.04, 2.12, Article VI
2. Ralph M. Brown Act (California Government Code, § 54950 et seq.)
3. California Government Code, § 53234 et seq.
4. San Mateo Municipal Code
5. California Public Records Act (California Government Code, § 6250 et seq.)
6. AB 1234 California Government Code, § 53232.3
7. Rosenberg’s Rules of Order
8. Emergency Guide for Elected Officials
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR File ID: 22-5824 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: February 22, 2022
SUBJECT:
Planning Commission Appointment Subcommittee Establishment and Committee Appointments RECOMMENDATION:
Appoint Mayor Bonilla and Deputy Mayor Papan to the Planning Commission Appointment Subcommittee, appoint Seema Patel to the General Plan Subcommittee and to the Civic Arts Committee.
BACKGROUND:
Per the City Council guidelines, the City Council appoints an appointment subcommittee for each board or commission body, comprised of the mayor (or designee) and the Council liaison to that commission. The guidelines also allow the other Council members to participate as a member of the appointment subcommittee if they desire. In order to ensure that the meeting is appropriately noticed and agendized, this is the opportunity for Council to add their names as a participant to the appointment subcommittee.
Planning Commission
On February 8, 2022 Ramiro Maldonado resigned from the Planning Commission and General Plan Subcommittee with immediate effect. This leaves an unscheduled vacancy on the Planning Commission for the remainder of his term through June 10, 2024. There is no eligibility list established for the Planning Commission, so a full recruitment will be undertaken on the following schedule:
Monday, 2/28/2022 – Open recruitment and post notice
Friday, 3/18/2022 – Close recruitment
Week of 3/21/2022 – Schedule candidate interviews with Appointment Subcommittee Monday, 4/4/2022 – Recommendation of Appointment to City Council Tuesday, 4/12/2022 – First Planning Commission Meeting General Plan Subcommittee
Mayor Bonilla and Council Member Rodriguez are the appointing body for the General Plan Subcommittee and established an eligibility list when they interviewed Planning Commissioner candidates on January 6, 2022. Under the Guidelines, an automatic appointment can be made from an active eligibility list if the candidate is still interested. Seema Patel has confirmed her interest in sitting on the General Plan Subcommittee.
Civic Arts Committee
Ramiro Maldonado informed the Civic Arts Committee (CAC) that he would be stepping down from his seat on the CAC. At the January 25, 2022 Planning Commission meeting the Commission nominated Seema Patel to replace him. The CAC is comprised of one ex-officio member of the City Council, one member of the Planning Commission nominated by the Planning Commission, one representative of the business community nominated by the Chamber of Commerce, an 56 of 663
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architect nominated by the local chapter of the American Institute of Architects, a member of City Arts nominated by that organization, and a professional in an arts related field also nominated by City Arts.
BUDGET IMPACT:
There is no budget impact from this administrative action.
ENVIRONMENTAL DETERMINATION:
This appointment is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
None
STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR File ID: 22-5795 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Finance Department
MEETING DATE: February 22, 2022
SUBJECT:
Enterprise Resource Planning System Replacement – Agreements and Budget Appropriation RECOMMENDATION:
1. Award an agreement to Workday for software subscription, training, and delivery assurance costs related to the City's new enterprise resource planning system in the amount of $4,217,394;
2. Award an agreement to Collaborative Solutions for enterprise resource planning system implementation costs in the amount of $2,527,160;
3. Award an agreement to Can/Am Technologies for Software as a Service (SaaS) and implementation costs related to replacement of the City's cashiering software in the amount of $410,737;
4. Amend an agreement with Plante Moran to provide project management services for an additional amount of $740,000 for new total not to exceed amount of $959,240;
5. Authorize the City Manager to execute the agreements and agreement amendments in substantially the form presented, and
6. Adopt a Resolution to approve a supplemental budget appropriation for CIP Project 200001 (Fund 59) in the amount of $1,168,307, with $237,614 in transfers out from the Sewer Fund, $58,271 in transfers out from the Construction Services Fund, and $872,422 in transfers out from the Equipment Replacement Fund.
BACKGROUND:
In 2012, Tyler Technologies, the software vendor for the City's current enterprise resource planning (ERP) system, Eden, provided notice to all Eden clients that it would no longer be selling Eden. Since that time, over the past decade, support for the Eden system declined substantially, and research and development has been limited to statutory compliance with changes in employment and tax law. In 2020, Tyler Technologies further affirmed this direction by issuing a letter to all remaining Eden clients that they should begin moving forward with plans to replace Eden if they have not done so already.
Replacement of the City's ERP has been a key initiative for the Finance Department since fiscal year 2017-18. Consistent with best practices for replacement of ERP systems, the City issued a Request for Proposals (RFP) in October 2019 for advisory services for ERP selection and implementation. Due to the onset of the COVID-19 pandemic in March 2020, award of an agreement to Plante Moran was postponed until July 2020.
Project Governance
As a precursor to project inception, the City established governance for the ERP replacement project, which established groups to carry out key responsibilities, including:
The Core Committee was comprised of the Finance Director, Director of Information Technology, Human Resources Director, Consulting and Applications Manager, and Web Specialist. Its primary roles were to review project status, ensure 58 of 663
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that major project milestones were met, conduct reference check interviews, provide status updates to the Selection Committee, and provide overall project guidance.
The Selection Committee was comprised of staff members from a broad array of City departments, including Community Development, Finance, Human Resources, Information Technology, Police, Public Works, as well as the San Mateo Consolidated Fire Department (SMC Fire). Its primary role was to review and rate RFP responses, attend ERP system demonstrations, and rate finalist vendors.
Needs Assessment | Gap Analysis
After the project governance was established, Plante Moran conducted needs assessment interviews with subject matter experts from every City department to identify opportunities for improvement to business processes and recommendations for the City’s future ERP strategy. The primary deliverable of this phase was an ERP Needs Assessment and Gap Analysis Report, which included process maps for both the current state and future state of major business processes, prioritization of solution requirements, an issues and opportunities matrix, and a marketplace overview.
RFP
Plante Moran assisted the City with development of the RFP to solicit responses from vendors that provided ERP implementation services and solutions for entities similar in size and complexity to the City. As a part of the RFP preparation, the Core Committee developed solution selection criteria and weighting factors to evaluate vendor responses. The selection criteria were as follows, with the weight indicated in parentheses:
Functionality (30%) – Compliance with requirements, including proposed modifications and customizations, product information and direction.
Vendor Viability (25%) – Number and size of comparable installations, company background, financial stability, completeness and quality of proposal, research and development. Cost (20%) – Including one-time, ongoing, and 10-year cost. Implementation Services and Ongoing Support (12.5%) – Implementation approach, vendor staffing provided on the project, post-implementation support, completeness of work plan, training approach, change management approach, project management approach.
Technical Requirements (12.5%) – Current technology, use of industry standard tools, compatibility with existing infrastructure.
The RFP was issued on March 12, 2021. The process included a period of time for vendors to submit questions, a pre-bid meeting, and an RFP addendum to respond to questions. The City received ten responses to the RFP noted in the table below, all of which met the minimum requirements documented in the first round of evaluation as defined in the RFP.
Vendor Responses
Integrator Software
6e Technologies Oracle
Application Software Technology (AST) Corporation Oracle CherryRoad Technologies, Inc Oracle
Ciber Global LLC Oracle
Collaborative Solutions, LLC Workday
Graviton Consulting Services, Inc Oracle
Highstreet IT Solutions, LLC Oracle
Rock Solid Technology OneGovERP
Superion, LLC CentralSquare Finance Enterprise and IntelliTime Tyler Technologies Munis
In May 2021, the Selection Committee began reviewing each proposal, supported by a comparison prepared by Plante Moran. In June 2021, based on the scores from the second round of evaluation from the Selection Committee, reference 59 of 663
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checks for the top six vendors were conducted by the Core Committee. Based on the feedback from the reference checks that was shared with the Selection Committee and the selection criteria established in the RFP, the Selection Committee selected the top four vendors noted in the table below to advance to the third round of evaluation for software demonstrations and additional due diligence:
Shortlisted Vendors
Integrator Software
Application Software Technology (AST) Corporation Oracle CherryRoad Technologies, Inc Oracle
Collaborative Solutions, LLC Workday
Tyler Technologies Munis
From July through August 2021, each of the shortlisted vendors provided a comprehensive four-day software demonstration to the Selection Committee and many city staff that use the current ERP on a daily basis based on scripts developed by Plante. Following the software demonstrations, additional due diligence was completed, which included:
Additional reference checks for top-ranked vendors
Written follow up questions and responses from multiple vendors Multiple days of detailed follow-up demonstrations for specific areas with top-ranked vendors Sandbox demonstrations for City staff to utilize software with vendor guidance Results from the additional due diligence were shared with the Selection Committee in November 2021, and final scores from the Selection Committee were tabulated as follows:
1. Collaborative Solutions (Workday) – 84.15
2. AST (Oracle) – 63.33
3. CherryRoad (Oracle) – 51.58
4. Tyler Technologies (Munis) – 51.43
The City notified Collaborative Solutions and Workday that they were the preferred finalist vendor and began contract negotiations in December 2021. The attached agreements reflect input and iterative revisions between the Core Committee, the City Attorney’s Office, and Collaborative Solutions, Workday, and Can Am.
Implementation Approach, Timeline, and Support
The City has opted for a phased approach to the ERP implementation. The first phase, which is scheduled to begin in late February and end in mid-December 2022, will include the core financial modules, including the general ledger, accounts payable, accounts receivable, budget, and project accounting. The second phase, which is scheduled to begin in mid- September 2022 and end in mid-July 2023, will include the payroll and human resources modules.
The level and amount of resources required to ensure that the ERP is implemented within the projected timeline and within the project budget is substantial. As a part of the due diligence process, the Core Committee conducted several reference checks, which identified a common theme: backfilling staff resources is critical to the success of the ERP implementation, as City staff does not have the capacity to cover their daily core operational responsibilities and implement the ERP.
As such, the City’s RFP required that vendors include a Staffing Plan to estimate the type and amount of staff resources necessary to support the ERP implementation. Based on Collaborative Solution’s Staffing Plan, it is estimated that over 17,000 hours of staff resources are required. The proposed amendment to the agreement with Plante Moran amends the scope of services to include project management services for the duration of the ERP implementation. The agreement amendment is flexibly structured, and the City will only be invoiced for consulting hours/services rendered. If the ERP implementation does not require as much project management support from Plante Moran, then the final cost will be less 60 of 663
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than the not-to-exceed amount.
The remainder of the staff resources required during implementation will be discussed in greater detail upon implementation kickoff at the end of this month upon approval of the attached agreements by the City Council, and the agreements for backfill staff resources will be procured and presented to for Council consideration in the next six weeks to ensure a successful and timely implementation.
BUDGET IMPACT:
The table below lists total costs (excluding staff backfill costs) for the new ERP system by vendor, with the subscription fees and training fees paid to Workday spread out over the ten-year term, and allocates the cost between the City of San Mateo and SMC Fire based on the proportional number of Full-Service Equivalent (FSE)(Full Time Equivalent in City parlance) between the City and SMC Fire. Based on the adopted 2021-22 budget for both organizations, there are 670 total FSE combined for the City (608) and SMC Fire (154) as shown in the table below from Attachment 3, which prorates the applicable percentage based on the employee type:
As such, SMC Fire’s proportional share of the new ERP is 23%.
Vendor Collaborative SolutionsYearSubscription FeeTraining FeeDelivery AssuranceWorkday SubtotalPre-Implementation ConsultingProject ManagementPlante Moran SubtotalImplementationCashering ImplementationSasS Fees*Can/Am SubtotalTotal by YearSMC FireCity1 253,576 84,936 133,075471,587$ 201,020$ 740,000$ 941,020$ 2,527,160$ 116,280$ 57,840$ 174,120$ 4,113,887$ 945,580$ 3,168,307$ 2 295,856 32,867 328,723$ 57,840$ 57,840$ 386,563$ 88,852$ 297,711$ 3 367,489 32,867 400,356$ 57,840$ 57,840$ 458,196$ 105,317$ 352,879$ 4 374,839 32,867 407,706$ 59,575$ 59,575$ 467,281$ 107,405$ 359,876$ 5 382,336 32,867 415,203$ 61,362$ 61,362$ 476,565$ 109,539$ 367,026$ 6 389,982 32,867 422,849$ -$ 422,849$ 97,192$ 325,657$ 7 397,782 32,867 430,649$ -$ 430,649$ 98,985$ 331,664$ 8 405,739 32,867 438,606$ -$ 438,606$ 100,814$ 337,792$ 9 413,853 32,867 446,720$ -$ 446,720$ 102,679$ 344,041$ 10 422,128 32,867 454,995$ -$ 454,995$ 104,581$ 350,414$ Total3,703,580$ 380,739$133,075$ 4,217,394$ 201,020$ 740,000$ 941,020$ 2,527,160$ 116,280$ 294,457$ 410,737$ 8,096,311$ 1,860,943$ 6,235,368$ *Agreement is for a five year term.
Workday Plante Moran Can Am
Prior to the start of Year 2 and every year thereafter in the ten-year term, the City will provide Workday with a census report that lists the number of FSE for the City and SMC Fire. If the number of FSE is greater than the baseline value of 670, the subscription fee will increase accordingly. Staff will also recalculate the cost allocation based on the proportional ratio of FSE between the City and SMC Fire on an annual basis. SMC Fire’s proportional share will either be deducted from the invoice that the City pays to SMC Fire for its operational contribution or invoiced separately as costs are incurred throughout the implementation process and throughout the ten-year term.
As shown in the tables below, the City’s share of total costs for Year 1 of $3,168,307 will be accounted for in CIP Project 200001, which already had $2,000,000 in CIP budget appropriated beginning in 2019-20, funded by the Equipment Replacement Fund, which had accumulated resources to replace the existing ERP system. The current agreement with Plante Moran to provide consulting services to guide the City through the various pre-implementation phases has largely already been paid and accounted for in CIP Project 200001. The remaining CIP budget of $1,798,980 for this project can be applied to the remaining costs due in Year 1 of $2,967,287. The difference of $1,168,307 between the remaining budget and the remaining costs represent the additional CIP budget appropriations that are needed for CIP Project 200001 (Fund 59):
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2 8
5 3
Description Amount Index FootnoteCIP Budget for Project 200001 2,000,000$ APre-Implementation consulting services costs 201,020BRemaining Budget 1,798,980C A-BYear 1 Costs 3,168,307$ Dless Pre-Implementation consulting services costs (201,020)$ BRemaining Year 1 Costs 2,967,287$ E D-BAdditional budget needed for CIP Project 200001 1,168,307$ F E-C The funding sources for the $1,168,307 of additional budget needed will be allocated proportionately based on the major operating funds’ share of the adopted 2021-22 operating budget, as calculated in the table below:
Fund %Proportional Share NoteSewer Fund 20.34%237,614$ Based on adopted 2021-22 operating budget.Construction Services Fund 4.99%58,271$ Based on adopted 2021-22 operating budget.Equipment Replacement Fund 872,422$ Remaining costsTotal 1,168,307$ For example, the City’s total adopted 2021-22 operating budget was $200,990,594, and the Sewer Fund’s share of the operating budget was $40,878,976, or 20.34%.
Consistent with the City’s practice with other subscription based software, the costs for Years 2 through 10 will be included in the operating budget for the Department of Information Technology. The proportional share for the Sewer Fund and the Construction Services Fund will be captured via the City’s Cost Allocation Plan by adding to the cost of overhead, which is distributed to the other operating funds and recognized as in-lieu revenue in the General Fund based on various allocation bases, including headcount and operating budget.
ENVIRONMENTAL DETERMINATION:
These agreements are not a project subject to CEQA, because they are an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Workday Master Subscription Agreement
Att 3 – Workday Order Form #252735
Att 4 – Workday Order Form #252740 (Training Fees)
Att 5 – Workday Order Form #319918 (Delivery Assurance) Att 6 – Collaborative Solutions Master Services Agreement Att 7 – Collaborative Solutions Statement of Work
Att 8 – Can/Am Technologies Teller Software as a Service Agreement Att 9 – Can/Am Technologies Statement of Work
Att 10 – Draft Amendment No. 1 with Plante Moran
STAFF CONTACT
Rich Lee, Director, Finance
[email protected]
(650) 522-7102
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RESOLUTION NO. ____ (2022)
APPROVING A SUPPLEMENTAL BUDGET APPROPRIATION FOR CIP PROJECT 200001 (FUND 59) IN THE AMOUNT OF $1,168,307, WITH $237,614 IN TRANSFERS OUT FROM THE SEWER FUND, $58,271 IN TRANSFERS OUT FROM THE CONSTRUCTION SERVICES FUND, AND $872,422 IN TRANSFERS OUT FROM THE EQUIPMENT
REPLACEMENT FUND
WHEREAS, $2,000,000 in resources were accumulated in the Equipment Replacement Fund to replace the City’s enterprise resource planning (ERP) system; and WHEREAS, the $2,000,000 in resources from the Equipment Replacement Fund were appropriated into Capital Improvement Plan (CIP) Project 200001 in fiscal year 2019-20; and WHEREAS, the City has completed its due diligence in selecting a new ERP system and requires additional budget appropriations in CIP Project 200001 to implement the Workday ERP solution and Teller cashiering solution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. This budget appropriation is not subject to environmental review because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines section 15378(b)(5).)
2. The budget for CIP Project 200001 is increased by $1,168,307.
3. The budget for transfers out from the Sewer Fund is increased by $237,614
4. The budget for transfers out from the Construction Services Fund is increased by $58,271
5. The budget for transfers out from the Equipment Replacement Fund is increased by $872,422 63 of 663
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Documents Agreement Number
Master Subscription Agreement (v21.1) Agreement #: 00315249.0 Subscription Order Form Order Form #: 00252735.0
Training Order Form Order Form #: 00252740.0
*Delivery Assurance Order Form #: 00319918.0
*Professional Services Agreement (v19.5) PSA #: N/A
*Statement of Work Statement of Work #: N/A
*Add related agreement number if applicable.
By executing this document (“Signature Document”), the undersigned agree they are duly authorized signatories and all documents listed in the above table are entered into between the parties, effective as of the later of the dates beneath the parties’ signatures below (“ Effective Date”). References to Signature Document and Effective Date in the Master Subscription Agreement shall mean those terms as defined in the preceding sentence.
THE VALIDITY OF THIS AGREEMENT IS CONDITIONED ON WORKDAY RECEIVING A FULLY SIGNED COPY OF THIS AGREEMENT NO LATER THAN NOON PACIFIC TIME ON FEBRUARY 24, 2022 (“Deadline”). Notwithstanding the foregoing, Workday reserves the right to accept the Agreement signed after the Deadline in Workday’s sole discretion and will provide confirmation of its acceptance by adding its initials on the Agreement after the Deadline if it deems fit.
City of San Mateo
330 W 20th Ave
San Mateo, California 94403
United States
Workday, Inc.
6110 Stoneridge Mall Road
Pleasanton, CA 94588
Signature Signature
Name Name
Title Title
Date Signed Date Signed
Approved as to Legal Form by:
Michael Magaro (Feb 3, 2022 11:56 PST)
Michael Magaro
Michael Magaro
Senior Vice President, Business Finance
Feb 3, 2022
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This Master Subscription Agreement, effective as of the Effective Date set out in the Signature Document, is by and between Workday, Inc. ("Workday") a Delaware corporation with offices at 6110 Stoneridge Mall Road, Pleasanton, CA 94588 and City of San Mateo (“Customer”), with offices at 330 W 20th Ave, San Mateo, California 94403, United States.
Whereas, Workday provides a subscription Service, Customer desires to subscribe to the Service, and this business relationship and the allocation of responsibilities regarding such Service are set forth in this Agreement.
Therefore, the parties agree as follows:
1. Customer’s Use of the Service.
1.1 Provision of the Service. Workday shall: (i) make the Service available in accordance with the Documentation and the SLA to Customer during the Term pursuant to this Agreement; (ii) not use Customer Data except to provide the Service, or to prevent or address service or technical problems , in accor dance with this Agreement and the Documentation, or in accordance with Customer’s instructions; and (iii) not disclose Customer Data to anyone other than Authorized Parties. The Service is provided in U.S. English. Workday has translated portions of the Service into other languages. Customer and its Authorized Parties may only use the translated portions of the Service for the number of languages listed in the applicable Order Form. Workday will provide service credits to Customer according to the Workday SLA Service Credit in Section 10.9.
1.2 Customer Obligations. Customer may enable access to the Service for use only by Authorized Parties solely for the Internal Business Purposes of Customer and its Affiliates in accordance with the Documentation and not for the benefit of any third parties for a level of use not exceeding the Pricing Metrics on the applicable Order Form. Customer is responsible for all Customer Affiliate and Authorized Party use of the Service and compliance with this Agreement. Customer shall: (a) have sole responsibility for the accuracy, quality, and legality of all information submitted to Workday, including, but not limited to, Customer Data; and (b) take commercially reasonable efforts to prevent unauthorized access to, or use of, the Service, and notify Workday promptly of any such unauthorized access or use.
Customer shall not: (i) use the Service in violation of applicable Laws; (ii) in connection with the Service, send or store infringing, obscene, threatening, or otherwise unlawful or tortious material, including material that violates privacy rights; (iii) to the best of Customer’s knowledge send or store Malicious Code in connection with use of the Service; (iv) interfere with or disrupt performance of the Service or the data contained therein; or (v) attempt to gain access to th e Service or its related systems or networks in a manner not set forth in the Documentation. Customer shall designate a maximum number of named contacts as listed in the applicable Order Form to request and receive support services from Workday. Named Support Contacts must be trained on the Workday product(s) for which they initiate support requests. Customer has the sole discretion to determine which of its Employees and Customer Affiliates are designated as Authorized Parties and shall be responsible fo r the acts and omissions of all Authorized Parties with respect to their use of the Service.
1.3 Federal Government End Use Provisions (if applicable). Workday provides pre -existing, commercial Service, including related software and technology, for federal government end use solely 65 of 663
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in accordance with the terms and conditions of this Agreement, and Workday provides only the technical data and rights as provided herein. If a government agency has a “need for” rights not conveyed under these terms, it must negotiate with Workday to determine whether there are acceptable terms for transferring additional rights. A mutually acceptable addendum specifically conveying such rights must be executed by the parties in order to convey such rights beyond those set for th herein.
For avoidance of doubt, Workday does not currently provide the Service for use in furtherance of a federal prime or subcontract.
2. Fees.
2.1 Invoices and Payment. Fees for the Service will be invoiced to Customer in the United States in accordance with the relevant Order Form and payment will be remitted by Customer from the United States. Except as otherwise set forth in an Order Form, all fees due hereunder (except fees subject to good faith dispute) shall be due and payable within thirty (30) days of invoice date. Except as otherwise stated in an Order Form, a ll fees are quoted and payable in United States Dollars and are based on Service rights acquired and not actual usage. Customer shall provide Workday with complete and accurate billing and contact information including a valid email address for receipt of invoices . Upon Workday’s request, Customer will make payments via wire or ACH/EFT . All remittance advice and invoice inquiries can be directed to [email protected].
2.2 Non-cancelable and non -refundable. Except as specifically set forth to the contrary under Section 6.2 “Warranty Remedies”, Section 7.1 “Indemnification by Workday”, Section 9.2 “Termination”, and for credits due pursuant to Section 10.11 “Workday SLA Service Credits”, all payment obligations under any and all Order Forms are non -cancelable and all payments made are non -refundable. The rights for the number of Employees set forth on any respective Order Form cannot be decreased during the Term.
2.3 Overdue Payments. Any payment not received from Customer by the due date may accrue except with respect to charges then under reasonable and good faith dispute), at Workday's discretion, late charges at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.
2.4 Non-Payment and Suspension of Service. If Customer's account is more than thirty (30) days past due (except with respect to charges subject to a reasonable and good faith dispute), in addition to any other rights or remedies it may have under this Agreement or by law, Workday reserves the right to suspend the Service upon th irty (30) days written notice, without liability to Customer, until such amounts are paid in full. Such notice shall clearly and prominently state that the Service is at risk of suspension and shall not solely take the form of an invoice with an overdue notice.
2.5 Taxes. Workday’s Subscription Fees and all other fees invoiced pursuant to this Agreement do not include , and may not be reduced to account for, any taxes, which may include local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including, but not limited to, value -added taxes, excise, use, goods and services taxes, consumption taxes or s imilar taxes and foreign withholding taxes (collectively defined as “Taxes”). Customer is responsible for paying all Taxes imposed on the Service or any other services provided under this Agreement. If Workday has a legal obligation to pay or collect Taxes for which Customer is responsible under this Agreement, the appropriate amount shall be computed based on Customer’s address listed in the Signature Document which will be used as the ship-to address on the Order Form, and invoiced 66 of 663
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to and paid by Custom er, unless Customer provides Workday with a valid tax exemption certificate authorized by the appropriate taxing authority.
3. Proprietary Rights.
3.1 Ownership and Reservation of Rights to Workday Intellectual Property. Workday and its licensors own all ri ght, title and interest in and to the Service, Documentation, and other Workday Intellectual Property Rights. Subject to the limited rights expressly granted hereunder, Workday reserves all rights, title and interest in and to the Service, and Documentati on, including all related Intellectual Property Rights. No rights are granted to Customer hereunder other than as expressly set forth herein.
3.2 Grant of Rights. Workday hereby grants Customer (for itself and those of Customer’s Affiliates and Authorized P arties for whom Customer enables access to the Service) a non -exclusive, non - transferable, right to use the Service and Documentation, solely for the Internal Business Purposes of Customer and its Affiliates and solely during the Term, subject to the terms and conditions of this Agreement within the scope of use defined in the relevant Order Form. The Service is provided in U.S.
English. Workday has translated portions of the Service into other languages and unless otherwise indicated in the applicable Ord er Form, Customer may use any available translated portions of the applicable Service.
3.3 Restrictions. Customer shall not (i) modify, copy or create any derivative works based on the Service or Documentation; (except for archival copies of the Documentation for use consistent with this Agreement) or create any derivative works based on the Service or Documentation; (ii) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make th e Service or Documentation available to any third party, other than to Authorized Parties as permitted herein; (iii) reverse engineer or decompile any portion of the Service or Documentation, including but not limited to, any software utilized by Workday in the provision of the Service and Documentation, except to the extent required by Law; (iv) access the Service or Documentation in order to build any commercially available product or service except as otherwise provided in an applicable Order Fo rm; or (v) modify, copy or create derivative works of any features, functions, integrations, interfaces or graphics of the Service or Documentation. Notwithstanding the above, Customer may make a reasonable number of copies of the Documentation for internal business purposes only.
3.4 Ownership of Customer Data. As between Workday and Customer, Customer owns its Customer Data.
3.5 Customer Input. Workday shall have a royalty -free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use, and incorporate into the Service, any Customer Input. Workday shall have no obligation to make Customer Input an Improvement. Customer shall have no obligation to provide Customer Input.
3.6 Aggregated Data Use. Workday owns the aggregated and statistical data derived from the operation of the Service, including, without limitation, the number of records in the Service, the number and types of transactions, configurations, and reports processed in the Service and the perfo rmance results for the Service (the “Aggregated Data”). Nothing herein shall be construed as prohibiting Workday from utilizing the Aggregated Data for purposes of operating Workday’s business, provided 67 of 663
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that Workday’s use of Aggregated Data will not reveal the identity, whether directly or indirectly, of any individual or specific data entered by any individual into the Service. In no event does the Aggregated Data include any personally identifiable information.
4. Confidentiality.
4.1 Confidentiality. A party shall not disclose or use any Confidential Information of the other party except as reasonably necessary to perform its obligations or exercise its rights pursuant to this Agreement or with the other party's prior written permission.
4.2 Protection. Each party agrees to protect the Confidential Information of the other party in the same manner that it protects its own Confidential Information of like kind, but in no event using less than a reasonable standard of care.
4.3 Compelled Disclosure. A disclosure by one party of Confidential Information of the other party to the extent required by Law shall not be considered a breach of this Agreement, provided the party so compelled promptly provides the other party with prior notice of such compelled d isclosure (to the extent legally permitted) , follows the process set forth in the applicable public records law(s), and provides reasonable assistance, at the other party's cost, if the other party wishes to contest the disclosure. For purposes of this section, a request to Customer for documents or information pursuant to the California Public Records Act will be considered a compelled disclosure. All parties acknowledge that Customer may not make any assertion of exemption on behalf of Workday in response to a Public Records Act request. In addition, Customer may disclose Order Forms and this Agreement in accordance with requirements for publication of items that will be on the Customer’s City Council agenda. Such disclosure may take the form of a website-accessible posting of those documents.
4.4 Special Access by Law Enforcement and for Oversight. Customer is a public sector entity subject to oversight by other public sector entities and potentially by the federal government. The parties agree that to the extent that law enforcement officials or entities with appropriate oversight authority request access to the Service for the purpose of viewing or retrieving Customer Data or confirming how Customer processes Customer Data, Customer may grant such acce ss either by permitting representatives of such entities to observe Customer’s use of the Service or by granting such representatives temporary status as an Authorized Party.
4.5 Remedies. If a party discloses or uses (or threatens to disclose or use) any C onfidential Information of the other party in breach of confidentiality protections hereunder, the other party shall have the right, in addition to any other remedies available, to seek injunctive relief to enjoin such acts, it being acknowledged by the parties that any other available remedies are inadequate.
4.6 Exclusions. Confidential Information shall not include any information that: (i ) is or becomes generally known to the public without breach of any obligation owed to the other party; (ii) was known to a party prior to its disclosure by the other party without breach of any obligation owed to the other party; (iii) was independently developed by a party without breach of any obligation owed to the other party; or (iv) is received from a third party without breach of any obligation owed to the other party.
Customer Data shall not be subject to the exclusions set forth in this section. 68 of 663
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5. Customer Data.
5.1 Protection and Security. During the Term of this Agreement, Workday shall maintain a formal security program materially in accordance with industry standards that is designed to: (i) ensure the security and integrity of Customer Data; (ii) protect against threats or hazards to the security or integrity of Customer Data; and (iii) prevent unauthorized access to Customer Data. Such security program will conform to the Workday Universal Security Exhibit attached hereto (“Security Exhibit ”) and is further described in Workday’s most recently completed Service Organization Control 1 (SOC1) and Service Organization Control 2 (SOC2) audit reports or industry-standard successor reports. The most recently completed, as of the Effective Date, SOC1 and SOC2 audit reports are referred to as the "Current Audit Reports". In no event during the Term shall Workday materially diminish the protections provided by the controls set forth in Workday’s Security Exhibit and the Current Audit Reports. Upon Customer’s request, Workday will provide Customer with a copy of Workday’s then current SOC1 and SOC2 audit reports or comparable industry-standard successor reports prepared by Workday’s independent third- party auditor. The Universal Data Processing Exhibit attached hereto (the “Data Processing Exhibit” or “DPE” will apply to the processing of Personal Data (as defined in the Data Pr ocessing Exhibit).
Workday designs its Service to allow Customers to achieve differentiated configurations, enforce user access controls, and manage data categories that may be populated and/or made accessible on a country-by-country basis. Customer understands that its use of the Service and compliance with any terms hereunder does not constitute compliance with any Law. Customer understands that it has an independent duty to comply with any and all Laws applicable to it.
5.2 Unauthorized Disclosure. If either party believes that there has been a Security Breach, such party must promptly notify the other party, unless legally prohibited from doing so, within forty-eight (48) hours or any shorter period as may be required by Law; provided, ho wever, that Customer is not required to notify Workday in any case where Customer reasonably determines that the Security Breach presents no threat to the Service . Additionally, each party will reasonably assist the other party in mitigating any potential damage. As soon as reasonably practicable after any such Security Breach that is not clearly attributable to Customer or its Authorized Parties, Workday shall conduct a root cause analysis and, upon request, will share the results of its analysis and its remediation plan with Customer.
Unless prohibited by Law, each party shall provide the other party with reasonable notice of, and the opportunity to review and comment on the content of all public notices, filings, or press releases about a Security Breach that identify the other party by name prior to any such publication.
5.3 Designated Tenant Location. Customer's Tenant will be housed in data centers located in the United States.
6. Warranties and Disclaimers.
6.1 Warranties. Each party warrants that it has the authority to enter into this Agreement and, in connection with its performance of this Agreement, shall comply with all Laws applicable to it related to data privacy, international communications and the transmission o f technical or personal data .
Workday warrants that during the Term (i) the Service shall perform materially in accordance with the Documentation; (ii) the functionality of the Service will not be materially decreased during the Term; (iii) to the best of Workday’s knowledge, the Service does not contain any Malicious Code , and (iv) any professional services provided by Workday pursuant to an Order Form subject to this Agreement and related to the Service (“Related Services”) will be performed in a professional and workmanlike manner. 69 of 663
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6.2 Warranty Remedies. In the event of Workday’s breach of the warrant ies set forth in Section
6.1 (i), (ii) and (iii), (a) Workday shall : correct the non -conforming Service at no additional charge to Customer, or (b) in the event Workday is unable to correct such deficiencies after good -faith efforts, Workday shall refund Customer amounts paid that are attributable to the defective Service from the date Customer first reported the applicable deficiencies to Workday through the date that such deficiencies are remedied. Notice of breaches of the warranties in Section 6.1(i) or (ii) shall be made through Workday’s then-current error reporting system. Notices of breaches of any other warranty shall be made in writing to Workday in accordance with the notice provisions of this Agreement. To receive the refund remedy, Customer must promptly report deficiencies in writing to Workday, but no later than thirty (30) days following the first date the deficiency is identified by Customer. The remedies set forth in this subsection shall be Customer’s sole remedy and Workday’s sole liability for breach of these warranties in Section 6.1 unless the breach of warranty constitutes a material breach of this Agreement and Customer elects to terminate this Agreement in accordance with the Section 9.2 (Termination).
6.3 Notice Obligations. To receive the warranty remedies set forth above, Customer must promptly report deficiencies in writing to Workday, but no later than thirty (30) days of the first date the deficiency is identified by Customer, or, in the case of a Related Service, no later than thirty (30) days after delivery of such Related Service. Custom er’s failure to notify Workday within such thirty (30) day period shall not affect Customer’s right to receive the remedy in Section 6.2(a) unless Workday is somehow unable, or impaired in its ability to, correct the deficiency due to Customer’s failure to notify Workday within the thirty (30) day period. Notice of breaches of the warranty in Section 6.1(i), (ii), or (iii) shall be made through Workday’s then-current error reporting system; notices of breaches of any other warranty shall be made in writing to Workday in accordance with the Notice provisions of this Agreement.
6.4 DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORKDAY MAKES NO WARRANTIES OF
ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY
DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE AND RELATED SERVICES AND THE DOCUMENTATION. WORKDAY DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. THE LIMITED WARRANTIES PROVIDED HEREIN
ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVI DED TO CUSTOMER IN CONNECTION WITH THE PROVISION OF THE SERVICE.
7. Indemnification
7.1 Intellectual Property Indemnification by Workday. Workday shall defend, indemnify and hold Customer harmless against any loss, damage or costs (including reasonable attorney s' fees) in connection with claims, demands, suits, or proceedings ("Claims") made or brought against Customer by a third party alleging that the use of the Service as contemplated hereunder infringes a copyright, a U.S. patent issued as of the Effective D ate, or a trademark of a third party; provided, however, that Customer: (a) promptly gives written notice of the Claim to Workday; (b) gives Workday sole control of the defense and settlement of the Claim (provided that Workday may not settle any Claim unl ess it unconditionally releases Customer of all liability); and (c) provides to Workday, at Workday's cost, all reasonable assistance. Workday shall not be required to indemnify Customer in the event of: (w) modification of the Service by Customer, its Em ployees, or Authorized Parties in conflict with Customer’s obligations or as a result of any prohibited activity as set forth herein; (x) use of the Service in a manner inconsistent with the Documentation; (y) use of the Service in combination with any oth er 70 of 663
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product or service not provided by Workday; or (z) use of the Service in a manner not otherwise contemplated by this Agreement. If Customer is enjoined from using the Service or Workday reasonably believes it will be enjoined, Workday shall have the ri ght, at its sole option, to obtain for Customer the right to continue use of the Service or to replace or modify the Service so that it is no longer infringing. If neither of the foregoing options is reasonably available to Workday, then use of the impacted portions of the Service may be terminated at Workday’s option if and only if Workday is terminating use of the impacted portions of the Service to all other Workday customers affected by the Claim and Workday's sole liability (other than its obligation to defend and indemnify as set forth in this section 7.1) shall be to refund any prepaid fees for the Service that were to be provided after the effective date of termination, as well as any fees paid by Customer attributable to the enjoined portions of th e Service for the period of time Customer was enjoined from use of the Service. In addition, Workday will not object to Customer’s participation in the defense against any proposed injunction which would impact Customer’s ability to utilize the Service.
8. Limitation of Liability.
8.1 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT WITH RESPECT TO WORKDAY’S INDEMNIFICATION OBLIGATIONS, RECKLESS MISCONDUCT, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, AND/OR CUSTOMER’S PAYMENT OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY'S (OR WORKDA Y’S THIRD PARTY LICENSORS’) AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS
AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE SUBSCRIPTION FEES ACTUALLY PA ID BY CUSTOMER IN CONSIDERATION FOR WORKDAY’S SERVICE DELIVERY DURING THE IMMEDIATELY PRECEDING TWENTY-FOUR (24) MONTH PERIOD FOR
THE SERVICE FROM WHICH THE CLAIM AROSE (OR, FOR A CLAIM ARISING BEFORE THE
SECOND ANNIVERSARY OF THE EFFECTIVE DATE, THE AMOUN T PAID FOR THE FIRST TWENTY-FOUR MONTH PERIOD).
8.2 EXCLUSION OF DAMAGES. EXCEPT WITH RESPECT TO EACH PARTY’S SPECIFIC REMEDY OBLIGATIONS FOUND IN SECTION 7 AND THE LOSS OF CUSTOMER DATA DUE TO
THE FAILURE OF WORKDAY TO ADHERE TO ITS DATA BACKUP AND RESTORATION
PROTOCOLS AS DESCRIBED IN THE SLA AND SECURITY EXHIBIT , IN NO EVENT SHALL
EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY TO THE OTHER PARTY FOR LOST
PROFITS OR REVENUES, LOSS OF USE OF DATA, BUSINESS INTERRUPTION, OR DIRECT,
SPECIAL, INCIDEN TAL, PUNITIVE, CONSEQUENTIAL, OR COVER DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT,. TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY
CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY
TO USE THE SERVICE, ANY INTERRUPTION, INACC URACY, ERROR OR OMISSION, EVEN IF
THE PARTY OR ITS AFFILIATES FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS OR SUBCONTRACTORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE EXCLUSIONS IN THIS SECTION WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. CUSTOMER WILL NOT ASSERT THAT ITS PAYMENT OBLIGATIONS AS SET FORTH IN AN ORDER FORM ARE EXCLUDED AS WORKDAY’S LOST PROFITS.
8.3 Workday Remediation of Certain Unauthorized Disclosures . In the event that any unauthorized access to or acquisition of Personal Data is caused by Workday’s breach of its security and/or privacy obligations under this Agreement, Workday shall pay the reasonably necessary, 71 of 663
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documented costs incurred by Customer in connection with the following items: (a) costs of any reasonably required forensic investigation to determine the cause of the breach, (b) providing notification of the security breach to applicable government and relevant industry self -regulatory agencies, to the media (if r equired by Law) and to individuals whose Personal Data may have been accessed or acquired, (c) providing credit monitoring service to individuals whose Personal Data may have been accessed or acquired for a period of one year (or to the extent required by Law) after the date on which such individuals were notified of the unauthorized access or acquisition for such individuals who elected such credit monitoring service, and (d) operating a call center to respond to questions from individuals whose Personal Data may have been accessed or acquired for a period of one year (or to the extent required by Law) after the date on which such individuals were notified of the unauthorized access or acquisition. NOTWITHSTANDING THE FOREGOING, OR ANYTHING IN
THIS AGREEMENT TO THE CONTRARY, WORKDAY SHALL HAVE NO RESPONSIBILITY TO PAY
COSTS OF REMEDIATION THAT ARE DUE TO RECKLESS MISCONDUCT, GROSS NEGLIGENCE,
WILLFUL MISCONDUCT AND/OR FRAUD BY CUSTOMER OR ITS EMPLOYEES, AGENTS OR AUTHORIZED PARTIES.
9. Term and Termination.
9.1 Term of Agreement. The Term of this Agreement commences on the Effective Date and continues until the stated term in all Order Forms has expired or has otherwise been terminated, unless otherwise extended pursuant to the written agreement of the parties. Subscriptions to the Service commence on the date, and are for a period, as set forth in the applicable Order Form.
9.2 Termination. Subject to Customer’s transition rights defined herein, e ither party may terminate this Agreement: (i) upon thirty (30) days prior written notice to the other party of a material breach by the other party if such breach remains uncured at the expiration of such notice period; or (ii) immediately in the event the other party becomes the subjec t of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. In the event this Agreement is terminated, all Order Forms are simultaneously terminated. Upon any termination by Customer pursuant to this section, Workday shall refund Customer any prepaid fees for the affected Service that were to be provided after the effective date of termination. For clarity, a breach or termination of any Professional Services Agreemen t, as defined in the DPE, or of any applicable statement of work and/or work order thereunder, shall not be considered a material breach or termination of this Agreement.
9.3 Dispute Resolution. The parties agree that they would prefer to resolve disputes rather than invoke their termination rights under this Agreement. Accordingly, where a dispute or breach appears to be one that might be resolvable by the parties without resorting to termination, the parties will seek to resolve the dispute or breach in good faith and will, where appropriate, seek non-binding mediation of their dispute if the management of the parties is unable to resolve the dispute. Notwithstanding the foregoing, each party retains its right to seek injunctive relief at any time and to exercise its termination rights under this Agreement.
9.4 Effect of Termination. Upon any expiration or termination of this Agreement, and following any transition period, Customer shall, as of the date of such termination, immediately cease accessing and otherwise utilizing the applicable Service (except as permitted under the section entitled “Retrieval of Customer Data” and “Transition Period before Final Termination”) and Workday Confidential Information. Termination for any reason shall not relieve Cus tomer of the obligation to pay any fees 72 of 663
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accrued or due and payable to Workday prior to the effective date of termination and termination for any reason other than Workday’s uncured material breach or the reasons set forth in Section 2.2. shall not relieve Customer of the obligation to pay all future amounts due under all Order Forms. Termination due to Workday’s uncured material breach, pursuant to Section 7.1, or pursuant to the SLA Service Credit Exhibit shall relieve Customer of the obligation to pay any fees (other than fees for the Transition Period described in Section 9.6) for t he terminated Order Form for services that were to be rendered after the effective date of termination. Following termination, the parties shall make reasonable and good faith attempts to resolve any outstanding fee disputes.
9.5 Transition Period before F inal Termination . Upon any termination of this Agreement, Workday shall, upon Customer’s request, continue to provide the Service to Customer (except where Workday is enjoined by a court of competent jurisdiction) pursuant to the terms of this Agreement for a transitional period of up to one (1) year (the “Transition Period”). Access to the Service during the Transition Period will be subject to the fees set out in the applicable Order Form, prorated on a monthly basis and payable in advance, based on the annual fee of CPI (defined on Order Form #. ) plus five percent 5%, unless the Order Form has pricing for the time period during which the Transition Period occurs, in which case the pricing on the Order Form for that time period shall apply. During the Transition Period, Workday will provide cooperation and assistance as Customer may reasonably request to support an orderly transition to another provider of similar software, services, or to Customer’s internal operations. Such cooperation and assist ance will include but not be limited to consulting regarding the Workday Service and will be subject to a fee based on Workday’s then-current rates for consulting services and such services will be set out in a statement of work to a professional services agreement between the parties. All regular Service will continue during the Transition Period at no additional cost, except as stated in this section. Notwithstanding the foregoing, in the event of termination of this Agreement by Workday for breach by Customer, Workday may withhold the provision of transition Services and condition further performance upon (i) payment of undisputed fees then owed, (ii) prepayment of fees for further services, and (iii) receipt by Workday of an officer’s certificate from Customer certifying ongoing compliance with the terms of this Agreement during the Transition Period.
9.6 Transition Consulting Services. During a Retrieval Period or Transition Period, Workday will provide cooperation and assistance as Customer may reasonably request to support an orderly transition to another provider of similar software, services, or to Customer’s internal operations. Such cooperation and assistance will be limited to consulting regarding the Workday Service and will be subject to a fee based on Workday’s then -current rates for consulting services and such services will be set out in a statement of work to a professional services agreement between the parties.
Notwithstanding the foregoing, in the event of termination of this Agreement by Workday for Customer’s breach, Workday may withhold the provision of transition consulting services and condition further performance upon (i) p ayment of undisputed fees then owed and (ii) prepayment of fees for further services.
9.7 Retrieval of Customer Data. Upon written request by Customer made within thirty (30) days after any expiration or termination of this Agreement, and following any transition period, Workday will make Customer Data and configuration data available to Customer through the Service solely to allow Customer to retrieve Customer Data for a period of up to a total of sixty (60) days after such expiration or termination (the “Retrieval Period”). If Customer utilizes the Transition Period described in Section
9.4 above, it will still receive a total of no more than sixty (60) days of non -cost Retrieval Period. After such Retrieval Period, Workday will have no obligation to maintain or provide any Customer Data and 73 of 663
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shall thereafter, unless legally prohibited, delete all Customer Data by deleting Customer’s Tenant; provided, however, that Workday will not be required to remove copies of the Customer Data from its backup media and servers until such time as the backup copies are scheduled to be deleted, provided further that in all cases Workday will continue to protect the Customer Data in accordance with this Agreement. Customer Data will be made available in a Workday-supported format mutually agreed upon between the parties (for example, CSV, delimited text or Microsoft Excel). The foregoing deletion obligation will be subject to any retention obligations imposed on Workday by Law. Additionally, during the Term of the Agree ment, Customers may extract Customer Data using Workday’s standard web services.
9.8 Surviving Provisions. The following provisions of this Agreement shall not survive and will have no further force or effect following any termination or expiration of this Agreement: (i) Section
1.1(i) “Workday Obligations”; (ii) Section 3.2 “Grant of Rights”; and (iii) those provisions granting Customer access to any SKU(s) and services referenced in any applicable Order Form(s). All other provisions of this Agreement shall survive any termination or expiration of this Agreement.
10. General Provisions.
10.1 Relationship of the Parties. The parties are independent contractors. This A greement does not create nor is it intended to create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to this Agreement.
10.2 Insurance. Workday will maintain during the entire Term of this Agreement, at its own expense, the types of insurance coverage specified below, on standard policy forms and with insurance companies with at least an A.M. Best Rating of A - VII authorized to do business in the jurisdictions where the Workday services are to be performed including New York State. (a) Workers’ Compensation insurance prescribed by applicable local law and Employers Liability insurance with limits not less than $1,000,000 per accident/per employee. This policy shall include a waiver of subrogation against Customer
(b) Business Automobile Liability covering all vehicles that Workday owns, hires or leases with a limit of no less than $1,000,000 (combined single limit for bodily injury and property damage) for each accident.
(c) Commercial General Liability insurance including Contractual Liability Coverage, with coverage for products liability, completed operations, property damage and bodily injury, including death, with an aggregate limit of no less than $2,000,00 0. This policy shall name Customer as an additional insured with respect to the provision of services provided under this Agreement. This policy shall include a waiver of subrogation against Customer. (d) Technology Professional Liability Errors & Omissions p olicy (which includes Cyber Risk coverage, internet liability, and Computer Security and Privacy Liability coverage) with a limit of no less than $10,000,000 per occurrence and in the aggregate. (e) Crime policy with a limit of no less than $5,000,000 per occ urrence and in the aggregate and naming Customer (as its interests may appear) as a loss payee. 74 of 663
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(f) Excess Liability/Umbrella coverage with a limit of no less than $9,000,000 per occurrence and in the aggregate (such limit may be achieved through increase of limits in underlying policies to reach the level of coverage shown here). This policy shall name Customer as an additional insured with respect to the provision of services provided under this Agreement. This policy shall include a waiver of subrogation against Customer.
Upon Customer's request, Workday agrees to deliver to Customer a certificate(s) of insurance evidencing the coverage specified in this section. Such certificate(s) will contain a thirty (30) day prior notice of cancellation provision. . Workday will be solely responsible for any deductible or self-insurance retentions. Such insurance coverage will b e primary and any other valid insurance existing will be in excess of such primary insurance policies. The required insurance coverage and limits of liability set forth above shall not be construed as a limitation or waiver of any potential liability of satisfaction of any indemnification/hold harmless obligation of Workday.
10.3 Notices. Unless expressly stated otherwise, all notices under this Agreement shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the third business day after first class mailing; or the second business day after sending by facsimile with telephonic confirmation of receipt. Notices to Workday shall be sent to the address shown in the Signature Document addressed to the attention of its General Counsel with a copy sent to [email protected]. Notices to Customer shall be sent to the address and signatory shown in the Signature Document. Each party may modify its recipient of notices by providing notice pursuant to this Agreement.
10.4 Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right or any other right. None of the provisions of this Agreement shall be considered waived by either party unless such waiver is specifically specified in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
10.5 Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that party’s reasonable control and occurring without that party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving Workday or Customer employees, respectively), and, where Workday is in compliance with its security and backup obligations under this Agreement, computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility . Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. Each party will reasonably endeavor to resume its performance under this Agreement as soon as possible following a force majeure situation and Workday will expend the same level of effort to resume performance to Customer that it expends for its other similarly-situated customers.
10.6 Assignment. Neither party may assign any of its rights or obligations hereunder, w hether by operation of law or otherwise, without the prior written consent of the other party (which consent shall not be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all Order Forms) without consent of the other party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets provided the assignee has agreed to be bound by all of the terms of this Agreement (an “M&A assignment”) and all past due fees 75 of 663
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are paid in full or otherwise accounted for in the amendment, except that Customer shall have no right to assign this Agreement to a direct Competitor of Workday. In the event of an M&A assignment, the non-assigning party shall be entitled to request that the assignee entity to provide adequate assurances that it has the requisite personnel, assets, expertise, and experience to provide the Service and comply with this Agreement. Failure to provide such assurances may be treated as a material breach of this Agreement. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
10.7 Governing Law. This Agreement shall be governed exclusively by the internal laws of the State of California, without regard to its conflicts of laws rules. The parties agree the venue of any dispute will be the State and Federal courts for the County of San Mateo, California.
10.8 Export. Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Service. Without limiting the generality of the foregoing, Customer shall not make the Service available to any person or entity that: (i) is located in a country that is subject to a U.S. government embargo; (ii) is listed on any U.S. government list of prohibited or restricted parties; or (iii) is engaged in activities directly or indirectly related to the proliferation of weapons of mass destruction, unless authorized by the United States government.
10.9 Workday SLA Service Credits . If, in any rolling six -month period, Workday fails to meet the monthly Service Availability or Service Response commitments described in the SLA (a “Failure”), Customer may request the following remedies no later than six months after the applicable Failur e occurs: (1) a meeting to discuss possible corrective actions for the first Failure; (2) a 10% Service Credit for a second Failure; (3) a 20% Service Credit for a third Failure; and (4) a 30% Service Credit for a fourth Failure. In this Agreement, “Service Credit” means a credit equal to the stated percentage of the applicable monthly Subscription Fee for the affected Service. Workday shall deduct the highest applicable Service Credit from the next invoice for Subscription Fees or, if there is no subsequen t invoice, shall refund the Service Credit to the Customer. The remedies in this section are the Customer’s exclusive remedies for any Failure.
10.10 Miscellaneous. This Agreement, including all exhibits , addenda and attachments hereto and all Order Forms, constitutes the entire agreement between the parties with respect to the subject matter hereof. Current copies of Workday’s SLA, Security Exhibit, and Data Processing Exhibit are attached, but in each case, the parties recognize that these Exhibits reflect standard Workday policies and may change over time, subject to the requirement in Section 6.1(ii) that changes will not materially degrade the Service or security of the Service and the requirement that the Customer will not be subject to any additional obligations as a result of the changes. In the event of a conflict or where an Order Form provides more specific detail than this Agreement , the provisions of an Order Form shall take precedence over provisions of the body of this Agreement and over any other exhibit or attachment to this Agreement. Each of the attached Order Forms is subject to this Agreement and may be separately amended without amending this Agreement. This Agreement supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter and is entered into without reliance on any promise or representation other than those expressly contained in this Agreement. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. If any provision of this Agreement is held by a court of competent jurisdiction 76 of 663
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to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void. Workday may use Customer's name and logo in lists of customers, on marketing materials and on its website. This Agreement may be executed in counterparts, which taken together shall form one binding legal instrument. The parties hereby consent to the use of electronic signatures in connection with the execution of this agreement, and further agree that electronic signatures to this Agreement shall be legally binding with the same force an d effect as manually executed signatures, provided that such signatures must be made using a technology designed for electronic signatures and a mere email which appears to state consent to an Agreement or action shall not be considered an electronic signature.
10.11 Availability of Funds. For each succeeding fiscal period: (a) Customer agrees to include in its budget request appropriations sufficient to cover Customer's obligations under the Agreement; (b) Customer agrees to use all reasonable and lawful means to secure these appropriations; (c) Customer agrees it will not use non-appropriations as a means of terminating the Agreement in order to acquire functionally equivalent products or services from a third party. Customer reasonably believes, barring unforeseen circumstances or events, that sufficient funds will lawfully be appropriated to satisfy its obligations under this Agreement. If Customer is appropriated insufficient funds, by appropriation, appropriation limitation or grant, to continue payments under this Agreement and has no other funding source lawfully available to it for such purpose Customer may terminate this Agreement by giving Workday not less than thirty (30) days’ prior written notice. Upon termination Customer will remit all amounts due a nd all costs reasonably incurred through the date of termination and, to the extent of lawfully available funds, through the end of the then-current fiscal period, providing Service will continue through the end of the then-current fiscal period and for the full duration of any subsequent Transition Period for which funds are available. Upon Workday’s reasonable request, Customer will provide Workday with information as to funding status for its next subscription payment(s).
10.12 Audit Financial Billing. During the Term of this Agreement but not more frequently than once per year, Workday shall make available to Customer or its chosen independent third -party auditor (or federal or state department auditor having monitoring or reviewing authority over Customer) , for examination those financial books, records, and files of Workday that are necessary for Customer to verify Workday’s charges for the Service provided under any Order Form(s) issued hereunder.
Workday shall be subject to examination and/or audit to t he extent set forth in law and shall comply with all program and fiscal reporting requirements set forth by law as described more fully in the Data Processing Exhibit. Workday shall maintain complete and accurate records as is reasonably necessary to substantiate such charges for at least five (5) years after such charges are invoiced. Customer shall provide Workday with reasonable notice prior to conducting such financial audit and the parties shall mutually agree upon the timing of such financial audit which shall be conducted in a manner that is least disruptive to Workday’s business operations. Such right shall not extend to or require on -site audits of Workday’s operations or third-party hosting facilities, disclosure of any confidential information of any other Workday customer, or Workday’s payroll records or other financial records not related to Service fees invoiced to Customer.
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10.13 California Labor Code Requirements. Workday agrees to comply with Customer’s minimum wage ordinance as codified in San Mateo Municipal Code Chapter 5.92, which differs from the California state minimum wage and includes a Consumer Price Index escalator.
10.14 Verification of Employment Eligibility. By executing this Agreement, Workday verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
10.15 Equal Opportunity Employment. Workday represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of, as applicable under the law of the jurisdiction where employment occurs, race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
10.16 Limitation of Agreement. This Agreement is limited to and includes only the services and work described herein.
10.17 Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Customer and Workday.
10.18 Severability. The unenforceability, invalidity, or illegality of provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid, or illegal.
10.19 Customer’s Right to Employ Other Consultants. Customer reserves its right to employ other entities in connection with this Agreement and other projects.
10.20 Prohibited Interests. Workday represents that it has not employed nor retained any company or person, other than a bona fide employee working solely for Workday, to solicit or secure this Agreement. Further, Workday represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Workday, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this representation, Customer shall have the right to rescind this Agreement without liability. Upon Customer’s request, Workday will include the following statement on Order Forms that are not executed contemporaneously with this Agreement, “Workday represents that it has not employed nor retained any company or person, other than a bona fide employee working solely for Workday, to solicit or secure this Order Form. Further, Wo rkday represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Workday, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Order Form.”
11. Definitions.
“Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control by either party , or in the case of Customer, Affiliate also means any special district or local government entity to which Customer provides payroll or human resources services . For purposes of 78 of 663
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the preceding sentence, "control" means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Agreement” means this Master Subscription Agreement, including the Signature Document, any exhibits, addenda or attachments hereto, and any fully executed Order Form. "Authorized Parties" means Customer’s Employees, or its authorized Affiliate’s em ployees, employees of special districts or local government entities to which Customer provides payroll or human resources services, and third party providers authorized to access Customer’s Tenants and/or receive Customer Data by Customer, and as appropriate for the applicable Service, students and their parents or guardians, prospective employees, prospective students and their parents or guardians, former students, and/or retirees authorized to access Customer’s Tenants and/or to receive Customer Data (i) in writing, (ii) through the Service’s security designation, or (iii) by system integration or other data exchange process.
“Claim” means any claim, demand, suit, or other legal proceeding made or brought against a party to this Agreement.
“Competitor” means any entity that may be reasonably construed as offering competitive functionality or services to those offered by Workday. If the parties cannot agree on whether an entity is a Competitor, then the opinion of three (3) financial analysts with adequ ate knowledge of the human resources and/or financials software and services industry (chosen by mutual agreement of the parties) commissioned at Workday’s sole expense, shall determine such. "Confidential Information" means (a) any software utilized by Workday in the provision of the Service and its respective source code; (b) Customer Data; (c) each party’s business or technical information, including but not limited to the Documentation, training materials, any info rmation relating to software plans, designs, costs, prices and names, finances, marketing plans, business opportunities, personnel, research, development or know -how that is designated by the disclosing party as "confidential" or "proprietary" or the receiving party knows or should reasonably know is confidential or proprietary; and (d) the terms, conditions and pricing of this Agreement (but not its existence or parties). "Customer Data" means the electronic data or information submitted by Customer or Au thorized Parties to the Service.
“Customer Input” means suggestions, enhancement requests, recommendations or other feedback provided by Customer, its Employees or Authorized Parties relating to the operation or functionality of the Service.
“Documentation" means Workday’s electronic Administrator Guide for the Service, which may be updated by Workday from time to time.
"Employee" or “Worker” means employees, consultants, contingent workers, independent contractors, and retirees of Customer and its Affiliates whose active business record(s) are or may be managed by the Service and for which a subscription to the Service has been purchased pursuant to an Order Form. The number of permitted Employees will be as set forth in the applicable Order Form.
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retirees in the form of static, historical records may be maintained in the system but shall be excluded from the calculation of Employees unless self -service access to the record through the Service is provided to the individual.
“Improvements” means all improvements, updates, enhancements, error corrections, bug fixes, release notes, upgrades and changes to the Service and Documentation, as developed by Workday and made generally available for Production use without a separate charge to Customers. “Intellectual Property Rights” means any and all common law, statutory and other industrial property rights and intellectual property rights, including copyrights, trademarks, trade secrets, patents and other proprietary rights issued, honored or enforceable under any applicable laws anywhere in the world, and all moral rights related thereto.
“Internal Business Purposes ” means use for Customer’s i nternal operations associated with the functionality of the Service, while used to help deliver the products or services that Customer provides to its customers, clients, or prospective customers or clients unless such use is inherent in the Service’s design and stated intentions. As illustrative examples: (1) use of recruiting functionality to assist with the recruitment of Customer’s employees is Internal Business Purpose but a placement firm’s use of recruiting functionality to find employees for its third party clients is not Internal Business Purpose; (2) Workday’s Student Service is clearly designed to assist educational institutions manage the records of students; even though students are technically the “clients” or “customers” of the institution, u se to manage their records is still Internal Business Purpose; (3) Internal Business Purpose use of Learning is limited to providing learning content to Customer’s employees while providing learning content to customers, clients, students or prospective customers, whether on a paid or free basis, is not Internal Business Purpose.
“Law” means any local, state, national and/or foreign law, treaties, and/or regulations applicable to a respective party.
“Losses” means any damages or costs finally awarded or entered into in settlement (including, without limitation, reasonable attorneys' fees).
“Malicious Code” means viruses, worms, time bombs, Trojan horses and other malicious code, files, scripts, agents or programs.
"Order Form " means the separate ordering documents under which Customer subscribes to the Service or other services pursuant to this Agreement which are fully executed by the parties. “Personal Data” has the definition set forth in the Data Processing Exhibit. “Pricing Metrics ” means the spe cific measure identified on the applicable Order Form used for determining the Subscription Service Fee on that Order Form, such as FSE Worker or FTE Student. “Production” means the Customer’s or an Employee’s use of or Workday’s written verification of the availability of the Service (i) to administer Employees; (ii) to generate data for Customer’s books/records; or (iii) in any decision support capacity. 80 of 663
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“Security Breach” means (i) any actual or reasonably suspected unauthorized use of, loss of, access to or disclosure of, Customer Data; provided that an incidental disclosure of Customer Data to an Authorized Party or Workday, or incidental access to Customer Data by an Authorized Party or Workday, where no reasonable suspicion exists th at such disclosure or access involves theft, or is fraudulent, criminal or malicious in nature, shall not be considered a “Security Breach” for purposes of this definition, unless such incidental disclosure or incidental access triggers a notification obli gation under any Law, (ii) any Personal Data Breach as defined in the DPE; and (iii) any security breach (or substantially similar term) as defined by Law affecting Customer Data. "Service" means Workday’s software-as-a-service applications and Improvements as described in the Documentation and subscribed to under an Order Form.
“SLA” means the Workday Production Support and Service Level Availability Policy , located at https://www.workday.com/en-us/legal/contract-terms-and-conditions/index/exhibits.html, which may be updated by Workday from time to time. No update shall materially decrease Workday’s responsibilities under the Workday SLA.
“Subscription Fee” means all amounts invoiced and payable by Customer for the Service. "Tenant" means a unique instance of the Service, with a separate set of Customer Data held by Workday in a logically separated database (i.e., a database segregated through passwo rd-controlled access).
“Tenant Base Name” is a naming convention that will be used in all of the Tenant URLs provided by Workday, as specified in Customer’s initial Order Form subscribing to the Service, and which shall remain constant throughout the Term.
“Term” has the meaning set forth in Section 9.1.
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UNIVERSAL SECURITY EXHIBIT
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This Workday Universal Security Exhibit applies to the Covered Service and Covered Data. Capitalized terms used herein have the meanings given in the Agreement, including attached exhibits, that refers to this Workday Universal Security Exhibit.
Workday maintains a comprehensive, written information security program that contains administrative, technical, and physical safeguards that, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing of Covered Data as well as the associated risks, are appropriate to (a) the type of information that Workday will store as Covered Data; and (b) the need for security and confidentiality of such information. Workday’s security program is designed to:
• Protect the confidentiality, integrity, and availability of Covered Data in Workday’s possession or control or to which Workday has access;
• Protect against any anticipated threats or hazards to the confidentiality, integrity, and availability of Covered Data; • Protect against unauthorized or unlawful access, use, disclosure, alteration, or destruction of Covered Data; • Protect against accidental loss or destruction of, or damage to, Covered Data; and • Safeguard information as set forth in any local, state or federal regulations by which Workday may be regulated.
Without limiting the generality of the foregoing, Workday’s security program includes:
1. Security Awareness and Training. Mandatory employee security awareness and training programs, which include:
a) Training on how to implement and comply with its information security program; and b) Promoting a culture of security awareness.
2. Access Controls. Policies, procedures, and logical controls:
a) To limit access to its information systems and the facility or facilities in which they are housed to properly authorized persons;
b) To prevent those workforce members and others who should not have access from obtaining access; and c) To remove access in a timely basis in the event of a change in job responsibilities or job status.
3. Physical and Environmental Security. Controls that provide reasonable assurance that access to physical servers at the data centers housing Covered Data is limited to properly authorized individuals and that environmental controls are established to detect, prevent and control destruction due to environmental extremes.
4. Security Incident Procedures. A security incident response plan that includes procedures to be followed in the event of any security breach of any application or system directly associated with the accessing, processing, storage or transmission of Covered Data.
5. Contingency Planning. Policies and procedures for responding to an emergency or other occurrence (for example, fire, vandalism, system failure, pandemic flu, and natural disaster) that could damage Covered Data or production systems that contain Covered Data.
6. Audit Controls. Technical or procedural mechanisms put in place to promote efficient and effective operations, as well as compliance with policies.
7. Data Integrity. Policies and procedures to ensure the confidentiality, integrity, and availability of Covered Data and to protect it from disclosure, improper alteration, or destruction.
8. Storage and Transmission Security . Security measures to guard against unauthorized access to Covered Data that is being transmitted over a public electronic communications network or stored electronically. 82 of 663
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9. Secure Disposal. Policies and procedures regarding the secure disposal of tangible property containing Covered Data, taking into account available technology so that such data cannot be practicably read or reconstructed.
10. Assigned Security Responsibility . Assigning responsibility for the development, implementation, and maintenance o f its information security program, including:
a) Designating a security official with overall responsibility; and b) Defining security roles and responsibilities for individuals with security responsibilities .
11. Testing. Regularly testing the key contr ols, systems and procedures of its information security program to validate that they are properly implemented and effective in addressing the threats and risks identified.
12. Monitoring. Network and systems monitoring, including error logs on servers, disks and security events for any potential problems. Such monitoring includes:
a) Reviewing changes affecting systems handling authentication, authorization, and auditing; b) Reviewing privileged access to Workday production systems processing Covered Data; and c) Engaging third parties to perform network vulnerability assessments and penetration testing on a regular basis.
13. Change and Configuration Management. Maintaining policies and procedures for managing changes Workday makes to production systems, applications, and databases processing Covered Data. Such policies and procedures include:
a) A process for documenting, testing and approving the patching and maintenance of the Covered Service; b) A security patching process that requires patching systems in a timely manner based on a risk analysis; and c) A process for Workday to utilize a third party to conduct web application level security assessments. These assessments generally include testing, where applicable, for:
i) Cross-site request forgery
ii) Services scanning
iii) Improper input handling (e.g. cross-site scripting, SQL injection, XML injection, cross-site flashing) iv) XML and SOAP attacks
v) Weak session management
vi) Data validation flaws and data model constraint inconsistencies vii) Insufficient authentication
viii) Insufficient authorization
14. Program Adjustments. Workday monitors, evaluates, and adjusts, as appropriate, the security program in light of:
a) Any relevant changes in technology and any internal or external threats to Workday or the Covered Data; b) Security and data privacy regulations applicable to Workday; and c) Workday’s own changing business arrangements, such as mergers and acquisitions, alliances and joint ventures, outsourcing arrangements, and changes to information systems. 83 of 663
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UNIVERSAL DATA PROCESSING EXHIBIT
This Universal Data Processing Exhibit is an exhibit to the Agreement between Workday and Customer and sets forth the obligations of the parties with regard to the Processing of Personal Data pursuant to such Agreement.
1. Definitions
Unless otherwise defined below, all capitalized terms have the meaning given to them in the applicable Agreement and/or exhibits thereto.
“Agreement” means the MSA, the Professional Services Agreement, and Order Forms, including any exhibits or attachments applicable to the Covered Service.
“Covered Data” means (i) Customer Data, (ii) Professional Services Data, and (iii) any other electronic data or information submitted by or on behalf of Customer to a Covered Service. “Covered Service” means (i) any Service provided under an Order Form that specifically refers to this DPE, and/or, (ii) any Professional Services.
“Customer Audit Program” means Workday’s optional, fee-based customer audit program as described in the Customer Audit Program Order Form for Covered Services. “Data Controller” or “Controller” means the entity which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
“DPE” means this Universal Data Processing Exhibit including any appendices, annexures or documents incorporated by reference.
“Data Processor” or “Processor” means the entity which Processes Personal Data on behalf of the Data Controller. “Data Protection Laws” means all data protection laws applicable to the Processing of Personal Data under this DPE, including local, state, national and/or foreign laws, treaties, and/or regulations, the GDPR, and implementations of the GDPR into national law, in each case as may be amended or superseded from time to time. “Data Subject” means the person to whom the Personal Data relates. “GDPR” means either or both the General Data Protection Regulation (EU) 2016/679 (" EU GDPR") and the EU GDPR as it forms part of United Kingdom (“ UK”) law by virtue of section 3 of the European Union (Withdrawal) Act 2018 (" UK GDPR") as the context may require.
“Personal Data” means any Covered Data that relates to an identified or identifiable natural person. “Personal Data Breach” means (i) a ‘personal data breach’ as defined in the GDPR affecting Personal Data, and (ii) any Security Breach affecting Personal Data.
“Processing” or “Process” means any operation or set of operations performed on Personal Data or sets of Personal Data, such as collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing by transmission, disseminating or otherwise making available, aligning or combining, restricting, erasing or destroying.
“Professional Services” means the professional or consulting services provided to Customer under a Professional Services Agreement.
“Professional Services Agreement” means any agreement between the parties for the provision of consulting or professional services, including but not limited to the following agreements or terms: the Foundation Tenant Service Terms, the Professional Services Agreement, the Delivery Assurance terms, the Professional Services Addendum, and/or the Consulting and Training Addendum and Amendment.
“Professional Services Data ” means electronic data or information that is provided to Workday under a Professional Services Agreement for the purpose of being input into a Service, or Covered Data accessed within or extracted from the Customer’s tenant or instance to perform the Professional Services. “Restricted Country” means: (i) where the EU GDPR applies, a country outside of the EEA which is not subject to an adequacy determination by the European Commission; (ii) where the UK GDPR applies, a country outside the UK which 84 of 663
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is not based on adequacy regulations pursuant to Section 17A of the UK Data Protection Act 2018; and (iii) where the Swiss Federal Act on Data Protection of June 19, 1992 applies, a country outside Switzerland which has not been recognized to provide an adequate level of protection by the Federal Data Protection and Information Commissioner. "Restricted Transfer" means: (i) where the EU GDPR applies, a transfer of Personal Data from the European Economic Area (“ EEA”) to a Restricted Country; (ii) where the UK GDPR applies, a transfer of Personal Data from the UK to a Restricted Country; and (iii) where the Swiss Federal Act on Data Protection of June 19, 1992 applies, a transfer of Personal Data from Switzerland to a Restricted Country. “Standard Contractual Clauses” means (i) where the EU GDPR applies, the clauses annexed to the European Commission’s Implementing Decision 2021/914 of 4 June 2021 for the transfer of Personal Data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (" EU SCCs"); and (ii) where the UK GDPR applies, standard data protection clauses adopted pursuant to or permitted under Article 46 of the UK GDPR (" UK SCCs").
“Subprocessor” means a Workday Affiliate or third-party entity engaged by Workday or a Workday Affiliate as a Data Processor under this DPE.
“Subprocessor List” means the subprocessor list identifying the Subprocessors that are authorized to Process Personal Data, accessible through Workday’s website (currently located at https://www.workday.com/en-
us/legal/subprocessors.html).
“Workday BCRs” means Workday’s Processor Binding Corporate Rules. The Workday BCRs are accessible through Workday’s website (currently located at https://www.workday.com/en-us/why-workday/security-trust.html ).
2. Processing Personal Data
2.1 Scope and Role of the Parties. This DPE applies to the Processing of Personal Data by Workday to provide the Covered Service. For the purposes of this DPE, Customer is the Data Controller and Workday is the Data Processor, except when Customer acts as a Data Processor of Personal Data, in which case Workday is a subprocessor.
2.2 Instructions for Processing. Workday shall Process Personal Data in accordance with Customer’s documented instructions. Customer instructs Workday to Process Personal Data to provide the Covered Service in accordance with the Agreement (including this DPE) and as further specified via Customer’s use of the Covered Service. Customer may provide additional instructions to Workday to Process Personal Data, however Workday shall be obligated to perform such additional instructions only if they are consistent with the terms and scope of the Agreement and this DPE.
2.3 Compliance with Laws. Workday shall comply with all Data Protection Laws applicable to Workday in its role as a Data Processor Processing Personal Data. Customer shall comply with all Data Protection Laws applicable to Customer as a Data Controller and shall obtain all necessary consents, and provide all necessary notifications, to Data Subjects to enable Workday to carry out lawfully the Processing contemplated by this DPE.
3. Subprocessors
3.1 Use of Subprocessors. Customer hereby agrees and provides a general authorization that Workday and Workday Affiliates may engage Subprocessors. Workday or the relevant Workday Affiliate engaging a Subprocessor shall ensure that such Subprocessor has entered into a written agreement that is no less protective than this DPE. Workday shall be liable for the acts and omissions of any Subprocessors to the same extent as if the acts or omissions were performed by Workday.
3.2 Notification of New Subprocessors. Workday shall make available to Customer a Subprocessor List and provide Customer with a mechanism to obtain notice of any updates to the Subprocessor List. At least thirty (30) days prior to authorizing any new Subprocessor to Process Personal Data, Workday shall provide notice to Customer by updating the Subprocessor List.
3.3 Subprocessor Objection Right. This Section 3.3 shall apply only where and to the extent that Customer is established within the EEA, the UK or Switzerland or where otherwise required by Data Protection Laws applicable to Customer. In such event, if Customer objects on reasonable grounds relating to data protection to Workday’s use of a new Subprocessor then Customer shall promptly, and within fourteen (14) days following Workday’s notification pursuant to Section 3.2 above, provide written notice of such objection to Workday. Should Workday choose to retain the objected- 85 of 663
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to Subprocessor, Workday will notify Customer at least fourteen (14) days before authorizing the Subprocessor to Process Personal Data and Customer may terminate the relevant portion(s) of the Covered Service within thirty (30) days.
Upon any termination by Customer pursuant to this Section, Workday shall refund Customer any prepaid fees for the terminated portion(s) of the Covered Service that were to be provided after the effective date of termination.
4. Data Subject Rights
4.1 Assistance with Data Subject Requests. Workday will, in a manner consistent with the functionality of the Covered Service and Workday’s role as a Data Processor, provide reasonable support to Customer to enable Customer to respond to Data Subject requests to exercise their rights under applicable Data Protection Laws (“Data Subject Requests”).
4.2 Handling of Data Subject Requests. For the avoidance of doubt, Customer is responsible for responding to Data Subject Requests. If Workday receives a Data Subject Request or other complaint from a Data Subject regarding the Processing of Personal Data, Workday will promptly forward such request or complaint to Customer, provided the Data Subject has given sufficient information for Workday to identify Customer.
5. Workday Personnel
Workday shall require screening of its personnel who may have access to Personal Data, and shall require such personnel (i) to Process Personal Data in accordance with Customer’s instructions as set forth in this DPE, (ii) to receive appropriate training on their responsibilities regarding the handling and safeguarding of Personal Data; and (iii) to be subject to confidentiality obligations which shall survive the termination of employment.
6. Personal Data Breach
If Workday becomes aware of a Personal Data Breach it shall without undue delay notify Customer in accordance with the Security Breach provisions of the MSA. Workday shall take appropriate measures to address and mitigate the adverse effects of the Personal Data Breach. To the extent Customer requires additional information from Workday to meet its Personal Data Breach notification obligations under applicable Data Protection Laws, Workday shall provide reasonable assistance to provide such information to Customer taking into account the nature of Processing and the information available to Workday.
7. Security of Processing
Workday shall implement and maintain appropriate technical and organizational measures to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data as described in the Universal Security Exhibit.
8. Audit
Customer agrees that, to the extent applicable, Workday’s then-current SOC 1 and SOC 2 audit reports (or comparable industry-standard successor reports) and/or Workday’s ISO certifications will be used to satisfy any audit or inspection requests by or on behalf of Customer, and Workday shall make such reports available to Customer. If Customer requires additional information, including information necessary to demonstrate compliance with this DPE, or an audit related to the Covered Service, such information and/or audit shall be made available in accordance with Workday’s Customer Audit Program.
9. Return and Deletion of Personal Data
Upon termination of the Covered Service, Workday shall return and delete Personal Data in accordance with the relevant provisions of the Agreement.
10. Transfers of European Personal Data
10.1 Transfer Safeguards . The transfer safeguards listed below shall apply to all Restricted Transfers.
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10.2 Binding Corporate Rules. For the Covered Services identified in Addendum B, the Workday BCRs apply to the Processing of Personal Data of a Customer or Customer Affiliate established in the EEA. In this event, all provisions of the Workday BCRs are incorporated by this reference and shall be binding and enforceable for Customer according to Section 1.4 of the Workday BCRs as if they were set forth in this DPE in their entirety. If any conflict or inconsistency arises between this DPE and the Workday BCRs, the Workday BCRs shall prevail.
10.3 Processor- to-Processor SCCs . Where Workday is located within the EEA , Workday has implemented the Standard Contractual Clauses for any Restricted Transfers of Personal Data from Workday (as “data exporter”) to Subprocessors (as “data importers”).
10.4 Controller- to-Processor SCCs . Where Workday is located in a Restricted Country , the Standard Contractual Clauses will apply to any Restricted Transfers from Customer (as “data exporter”) to Workday (as “data importer”) as follows:
10.4.1 EU Personal Data. In relation to Personal Data that is protected by the EU GDPR, the EU SCCs will apply completed as follows:
(i) Module 2 applies unless the Customer is a Processor in which case Module 3 applies; (ii) in Clause 7, the optional docking clause will not apply; (iii) in Clause 9, Option 2 will apply, and the time period for prior notice of subprocessor changes will be in accordance with the notification process set out in Section 3.2 of this DPE; (iv) in Clause 11, the optional redress language will not apply; (v) in Clause 17, Option 1 will apply, and the Standard Contractual Clauses will be governed by the law specified in the MSA, provided that law is an EU Member State law recognizing third party beneficiary rights, otherwise, the laws of Ireland apply;
(vi) in Clause 18(b), disputes shall be resolved before the courts specified in the MSA, provided these courts are located in an EU Member State, otherwise those courts shall be the courts of Ireland; (vii) Annex I of the Standard Contractual Clauses shall be deemed completed with the information set out in Annex I to this DPE; and
(viii) Annex II of the Standard Contractual Clauses shall be deemed completed with the information set out in Annex II to this DPE.
10.4.2 UK Personal Data. In relation to Personal Data that is protected by the UK GDPR, the UK SCCs will apply as follows:
(i) For so long as it is lawfully permitted to rely on the Standard Contractual Clauses set out in the European Commission’s Decision 2010/87/EU (“ 2010 SCCs”) for transfers of Personal Data protected by the UK GDPR, the 2010 SCCs shall apply between the Customer and Workday completed as follows:
(a) Appendix 1 shall be completed with the relevant information set out in Annex I to this DPE; and (b) Appendix 2 shall be completed with the relevant information set out in Annex II to this DPE. (ii) When the Customer and Workday are lawfully permitted to rely on the EU SCCs for transfers of Personal Data from the UK subject to completion of a “UK Addendum to the EU Standard Contractual Clauses” (“ UK Addendum”) issued by the Information Commissioner’s Office under s.119A(1) of the UK Data Protection Act 2018, then:
(a) The EU SCCs, completed as set out in Section 10.4.1 above, shall also apply to transfers of such UK Personal Data and the 2010 SCCs will no longer apply;
(b) The UK Addendum shall be deemed executed between the transferring Customer and Workday, and the EU SCCs shall be deemed amended as specified by the UK Addendum in respect of the transfer of such UK Personal D ata. 87 of 663
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10.4.3 Swiss Personal Data. In relation to Personal Data that is protected by the Swiss Federal Act on Data Protection, the EU SCCs will apply amended and adapted as follows:
(i) the Swiss Federal Data Protection and Information Commissioner is the exclusive supervisory authority; (ii) the term "member state" must not be interpreted in such a way as to exclude data subjects in Switzerland from the possibility of suing for their rights in their place of habitual residence (Switzerland) in accordance with Clause 18; and (iii) references to the GDPR in the EU SCCs shall also include the reference to the equivalent provisions of the Swiss Federal Act on Data Protection (as amended or replaced).
10.4.4 Clarifications. The Standard Contractual Clauses will be subject to the following clarifications:
(i) Workday will allow Customer to conduct audits as described in the Standard Contractual Clauses in accordance with Section 8 of this DPE.
(ii) Customer consents to Workday appointing Subprocessors in accordance with Section 3 of this DPE, and Customer may exercise its right to object to Subprocessors under the Standard Contractual Clauses in the manner set out in Section
3. (iii) Workday shall return and delete Customer’s data in accordance with Section 9 of this DPE. (iv) Customer agrees that any assistance that Workday provides to Customer under the Standard Contractual Clauses shall be provided through the Customer Audit Program.
(v) Nothing in this Section 10.4 of this DPE varies or modifies the Standard Contractual Clauses nor affects any supervisory authority’s or data subject’s rights under the Standard Contractual Clauses. If any provision of this DPE contradicts, directly or indirectly, the Standard Contractual Clauses, the Standard Contractual Clauses shall prevail.
10.5 Order of precedence. Where more than one transfer mechanism applies, the transfer of Personal Data will be subject to a single transfer mechanism in accordance with the following order of precedence: (i) the Workday BCRs, and (ii) the Standard Contractual Clauses.
11. Additional European Terms
11.1 Description of Processing. The agreed subject-matter, the nature, purpose and duration of data processing, the types of Personal Data and categories of Data Subjects are set forth in Addendum A to this DPE.
11.2 Data Protection Impact Assessments and Prior Consultations. Customer agrees that, to the extent applicable, Workday’s then-current SOC 1 and SOC 2 audit reports (or comparable industry-standard successor reports) and/or Workday’s ISO certifications will be used to carry out Customer’s data protection impact assessments and prior consultations, and Workday shall make such reports available to Customer. To the extent Customer requires additional assistance to meet its obligations under Article 35 and 36 of the GDPR to carry out a data protection impact assessment and prior consultation with the competent supervisory authority related to Customer’s use of the Covered Service, Workday will, taking into account the nature of Processing and the information available to Workday, provide such assistance to Customer through the Customer Audit Program.
12. General Provisions
12.1 Customer Affiliates. Customer is responsible for coordinating all communication with Workday on behalf of its Affiliates with regard to this DPE. Customer represents that it is authorized to enter into this DPE and any Standard Contractual Clauses entered into under this DPE (and to agree to additional parties to such Standard Contractual Clauses), issue instructions, and make and receive any communications or notifications in relation to this DPE on behalf of its Affiliates.
12.2 Termination. The term of this DPE will end simultaneously and automatically at the later of (i) the termination of the Agreement or, (ii) when all Personal Data is deleted from Workday’s systems. 88 of 663
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12.3 Conflict. This DPE is subject to the non-conflicting terms of the Agreement. With regard to the subject matter of this DPE, if inconsistencies between the provisions of this DPE and the Agreement arise, the provisions of this DPE shall prevail with regard to the parties’ data protection obligations.
12.4 Customer Affiliate Enforcement. Customer’s Affiliates may enforce the terms of this DPE directly against Workday, subject to the following provisions:
i. Customer will bring any legal action, suit, claim or proceeding which that Affiliate would otherwise have if it were a party to the Agreement (each an “ Affiliate Claim”) directly against Workday on behalf of such Affiliate, except where the Data Protection Laws to which the relevant Affiliate is subject require that th e Affiliate itself bring or be party to such Affiliate Claim; and ii. for the purpose of any Affiliate Claim brought directly against Workday by Customer on behalf of such Affiliate in accordance with this Section, any losses suffered by the relevant Affiliate may be deemed to be losses suffered by Customer.
12.5 Remedies. Customer’s remedies (including those of its Affiliates) with respect to any breach by Workday, its Affiliates and Subprocessors of the applicable terms of this DPE, and the overall aggregate liability of Workday and its Affiliates arising out of, or in connection with the Agreement (including this DPE) will be subject to any aggregate limitati on of liability that has been agreed between the parties under the Agreement (the “ Liability Cap ”). For the avoidance of doubt, the parties intend and agree that the overall aggregate liability of Workday and its Affiliates arising out of, or in connection with the Agreement (including this DPE) shall in no event exceed the Liability Cap.
12.6 Miscellaneous. The section headings contained in this DPE are for reference purposes only and shall not in any way affect the meaning or interpretation of this DPE.
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ADDENDUM A
Description of Processing
ANNEX I
A. LIST OF PARTIES
Data exporter
Data exporter: Customer
Contact details: The individuals designated as named contacts by Customer in Customer’s account
Relevant activities: Use of Workday’s enterprise software-as-a-service applications.
Signature and Date: By entering into the Agreement, data exporter is deemed to have signed these Standard Contractual Clauses incorporated herein as of the effective date of the Agreement.
Data exporter role: The data exporter’s role is set forth in the DPE.
Data importer
Data importer: Workday
Contact details: Workday Privacy Team,
[email protected]
Relevant activities: Provide and support enterprise software- as-a-service applications, including human resource and financial management.
Signature and Date: By entering into the Agreement, data importer is deemed to have signed these Standard Contractual Clauses incorporated herein as of the effective date of the Agreement.
Data importer role: Processor
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B. DESCRIPTION OF TRANSFER
Categories of data subjects whose personal data is transferred
1. Customer’s job applicants, candidates, current and former employees and other workers, as well as related persons.
2. Employees or contact persons of Customer’s prospects, customers, business partners and suppliers.
Categories of personal data transferred
Customer determines the categories of personal data processed within Covered Services subscribed to. Typically, the transferred personal data will include the categories of data identified below:
1. Applicants, employees and other workers: Name; contact information (including home and work address; home and work telephone numbers; mobile telephone numbers; web address; instant messenger; home and work email address); marital status; citizenship information; visa information; national and governmental identification information; drivers’ license information; passport information; banking details; military service information; date of birth and birth place; gender; employee identification information; education, language(s) and special competencies; certification information; probation period and employment duration information; job or position title; business title; job type or code; business site; company, supervisory, cost center and region affiliation; work schedule and status (full-time or part-time, regular or temporary); compensation and related information (including pay type and information regarding raises and salary adjustments); payroll information; allowance, bonus, commission and stock plan information; leave of absence information; employment history; work experience information; information on internal project appointments; accomplishment information; training and development information; award information; membership information.
2. Related persons: Name and contact information of dependents or beneficiaries (including home address; home and work telephone numbers; mobile telephone numbers); date of birth; gender; emergency contacts; beneficiary information; dependent information.
3. Prospects, customers, business partners and suppliers: Name and contact information (including work address; work telephone numbers; mobile telephone numbers; web address; instant messenger; work email address); business title; company.
4. Learners: Name and contact information (including work address; work telephone numbers; mobile telephone numbers; instant messenger; work email address); business title; company; enrollment information, including completion of courses, exam results and feedback provided.
Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specializ ed training), keeping a record of access to the data, restrictions for onward transfers or additional security measures.
Unless otherwise agreed, the transferred Personal Data may comprise special categories of personal data, such as ethnicity, religious beliefs, trade union membership information and health data (employee sick leave, disability information). Taking into consideration the nature of the data and the risk of varying likelihood and severity for the rights and freedoms of natural persons, Workday has implemented the technical and organizational measures as described in Annex II, including specialized training of staff and system access logs, to ensure an appropriate level of protection for such sensitive data.
Frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis) Transfers will be made on a continuous basis.
Nature of the processing
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Workday acts as a processor for the Personal Data Customer submits electronically into Workday’s software- as-a-service applications or provides to Workday in connection with a Professional Services engagement.
1. Processing Personal Data to set up, operate, maintain and support the enterprise software- as-a-service applications
2. Storage of Personal Data in secure data centers
3. Provision of Professional Services
Purpose(s) of the data transfer and further processing
Provide and support enterprise software-as-a-service applications, including human resource and financial management.
The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period
Personal data will be retained for the duration of the Agreement.
For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing The subject matter and duration of the processing is outlined above within this Annex. The nature of the specific sub- processing services are further particularized within the Subprocessor List (currently located at:
https://www.workday.com/en-us/legal/subprocessors.html).
C. COMPETENT SUPERVISORY AUTHORITY
Identify the competent supervisory authority/ies in accordance with Clause 13 The competent supervisory authority determined in accordance with Clause 13 of the Standard Contractual Clauses.
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ANNEX II
Technical and Organisational Measures
The technical and organisational measures set forth in the Security Exhibit have been implemented by the data importer to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, and the risks for the rights and freedoms of natural persons.
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ADDENDUM B
BCR Covered Services
Covered Service Applicable SKU Names
HCM/FIN/ANALYTICS Human Capital Management, Cloud Connect for Benefits, Workday Payroll, Cloud Connect for Third Party Payroll, Time Tracking, Recruiting, Learning (excluding Media Cloud), Learning for Extended Enterprise, Core Financials, Expenses, Procurement, Inventory, Grants Management, Projects, Projects Billing, Workday Prism Analytics and Student
Workday Adaptive Planning Workday Adaptive Planning SKUs, such as Planning & Analytics, Workforce Planning, Financial Planning, Sales Planning, Operational Planning, however defined in the applicable order form.
Workday Extend Workday Cloud Platform
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Order Form to Master Subscription Agreement with City of San Mateo ORDER FORM 00252735.0
Customer Name City of San Mateo
Workday Entity
Workday, Inc.
6110 Stoneridge Mall Road
Pleasanton, CA 94588
MSA Effective Date See MSA executed herewith
Order Effective Date The later of the dates of the parties’ signatures on the Signature Document Order Term February 24, 2022 through February 23, 2032 Order Term in Months 120
Currency USD
Total Subscription Fee 3,703,580
Tenant Base Name cityofsanmateo
Payment Schedule Table
Payment # Payment Due Date Payment Amount
1 Due in accordance with the MSA, invoiced upon Order Effective Date 253,576 2 Due on first anniversary of the Order Term start date 295,856 3 Due on second anniversary of the Order Term start date 367,489 4 Due on third anniversary of the Order Term start date 374,839 5 Due on fourth anniversary of the Order Term start date 382,336 6 Due on fifth anniversary of the Order Term start date 389,982 7 Due on sixth anniversary of the Order Term start date 397,782 8 Due on seventh anniversary of the Order Term start date 405,739 9 Due on eighth anniversary of the Order Term start date 413,853 10 Due on ninth anniversary of the Order Term start date 422,128 Total Payment Amount 3,703,580
For the avoidance of doubt, the Payment Schedule Table will be used for invoicing purposes.
Subscription Fees Table
Subscription
Period Date Range Subscription Fee
1 February 24, 2022 through February 23, 2023 253,576
2 February 24, 2023 through February 23, 2024 295,856
3 February 24, 2024 through February 23, 2025 367,489
4 February 24, 2025 through February 23, 2026 374,839
5 February 24, 2026 through February 23, 2027 382,336
6 February 24, 2027 through February 23, 2028 389,982
7 February 24, 2028 through February 23, 2029 397,782
8 February 24, 2029 through February 23, 2030 405,739
9 February 24, 2030 through February 23, 2031 413,853
10 February 24, 2031 through February 23, 2032 422,128
Total Subscription Fee 3,703,580
The Subscription Fees Table provides the Subscription Fees for each applicable Subscription Period. The Subscription Fee for Subscription Period 2 onwards includes a capped Innovation Index of 2.0% (as defined in the Additional Definitions Section below). During the initial Term, any increases due to CPI (also defined below) are waived. Customer understands that the Subscription Fees above reflects Customer’s planned phased deployment, and any adjustment to the deployment timeline will not result in changes to the Payment Schedule or Subscription Fees.
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Order Form to Master Subscription Agreement with City of San Mateo Subscription Rights Table
SKU Service Pricing
Metric Subscription Rights
CHCM Core Human Capital Management FSE* Full Enterprise TLO Talent Optimization FSE* Full Enterprise
USP** Payroll for United States FSE* United States-based Employees only LRN Learning FSE* Full Enterprise
MCNF Media Cloud - No Fee FSE* Full Enterprise
REC Recruiting FSE* Full Enterprise
FIN Core Financials FSE* Full Enterprise
GM Grants Management FSE*
Full Enterprise with up to 270 Award-Based Invoices
Created during the 12-month period preceding the
Annual Reporting Date
PLNF Financial Planning FSE* Full Enterprise
PRJT Projects FSE* Full Enterprise
TT Time Tracking FSE* Full Enterprise
EXP Expenses FSE* Full Enterprise
PRO Procurement FSE*
Full Enterprise with up to 1,100 Purchase Orders
Issued during the 12-month period preceding the
Annual Reporting Date
*For Pricing Metric details see the Full-Service Equivalent (“FSE”) Count Table below. **Customer agrees that the number of FSE Workers for all Workday Payroll applications and C CTPP will always be equal to the total number of FSE Workers for HCM.
Full-Service Equivalent (“FSE”) Count Table
FSE Population Category Baseline FSE Count
United States-based employees 670
Full Enterprise 670
Named Support Contacts Table
Number of Named Support Contacts* 7
*Named Support Contacts are the contacts that may request and receive support services from Workday and must be trained on the Workday product(s) for which they initiate support requests.
Customer Contact Information
Billing, In Care of Customer Support Subscriptions Contact Contact Name Rich Lee Rich Lee Rich Lee
Street Address
City/Town,
State/Region/County,
Zip/Post Code,
Country
330 W 20th Ave
San Mateo, California
94403
United States
330 W 20th Ave
San Mateo, California
94403
United States
330 W 20th Ave
San Mateo, California
94403
United States
Phone/Fax # (650) 522-7102 (650) 522-7102 (650) 522-7102 Email (required) [email protected] [email protected] [email protected]
For customers based in the U.S., certain portions of the Service included in this Order Form can be used with optional downloadable software components (“Downloadable Components”). Any applicable tax for Downloadable Components will be separately presented on the invoice based on a valuation attributed to the Downloadable Components. As of the eff ective date of this Order Form, there is no value attributed to any of the Downloadable Components.
This Order Form is subject to and governed by the MSA. In the event of a conflict, the provisions of this Order Form take precedence over the MSA and its e xhibits and attachments. The parties further agree to the terms in the attached Addendums and Exhibits. Any Service SKU described in this Order Form is governed by the 96 of 663
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ADDITIONAL ORDER FORM TERMS ADDENDUM
1. General.
Unless otherwise defined herein, capitalized terms used in this Order Form have the same meaning as set forth in the MSA. The Total Subscription Fee is based on the maximum indicated in the Subscription Rights Table and any use in excess of such maximum(s) indicated will be subject to the Growth and Expansion sect ion herein. Subscription Rights limits may not be decreased during the Order Term.
2. FSE Calculation and Worker Category Definitions.
The total FSE Count is calculated by categorizing each Worker to one of the Worker Categories below, multiplying the app licable number of Workers by the Applicable Percentage, and then adding the FSE Count for each Worker Category.
FSE Calculation Table:
Worker Category Total Workers
(excl. SMCFD)
Total Workers
(SMCFD)
Applicable
Percentage FSE Count
Full Time Employees 500 154 100.0% 654
Part-Time Employees 15 0 25.0% 4
Associates 93 0 12.5% 12
Former Workers with Access 0 0 2.5% 0
Total FSE Count: 608 154 670
The Service may be used by Customer only for the Worker Categories listed above and as defined below.
“Full-Time Employee ” is an employee of Customer regularly scheduled for more than twenty hours per week regardless of the method of payment or actual hours worked, whether or not such employee is eligible to receive employee benefits in accordance with Customer’s internal standard practices. A Full -Time Employee will be considered non-temporary if they are hired to work for a period of more than 3 months in a given year.
“Part-Time Employee ” is an employee of Customer regular ly scheduled for twenty hours per week or less regardless of the method of payment or actual hours worked, whether or not such employee is eligible to receive employee benefits in accordance with Customer’s internal standard practices. A Part -Time Employee will be considered non-temporary if they are hired to work for a period of more than 3 months in a given year.
“Associate” is an individual not counted as a Full -Time or Part -Time Employee but in one of the following categories: temporary employees, ind ependent contractors and affiliated non -employees including, but not limited to, volunteers and vendors whose Active Records are in the Service.
“Former Worker with Access ” is a former worker that continues to have access to the Service through the Employee Self-Service features. Former Workers with Access are only included in the Subscription Rights for the Human Capital Management Service.
Former Workers with Static Records shall be excluded from the FSE calculation but may continue to be maintained in the Service. “ Static Records” are records in the Service for workers with whom Customer has no further relationship and to whom Customer does not provide self -service access. Static Records include former worker records used solely for historical reference. All other worker records are “Active Records”.
3. Transaction Category Definition.
Transaction Category Definition Table
SKU Transaction Category Definition
(each a Transaction)
GM Award-Based Invoices
Created
Award-based customer invoice, counted on created date
regardless of current status (e.g. approved, cancelled) PRO Purchase Orders Issued
Purchase order fully issued, counted on first issued date.
Subsequent re -issuance of purchase order is not counted again.
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4. Growth and Expansion.
Customer will report to [email protected] no later than 30 days prior to the anniversary of the Order Term start date (“ Annual Reporting Date ”) based on the metrics in this Growth and Expansion Secti on. Unless otherwise provided below, Customer agrees to pay fees for any excess Subscription Rights at the Expansion Rates described below in this section to cover the period from the anniversary of the Order Term start date immediately following the Annua l Reporting Date through the subsequent anniversary date (each a “ Reporting Period”). In addition to the Annual Reporting Date, if Customer exceeds any Subscription Rights by 5% or more (“Growth Event”) as a result of any one -time addition of Workers (e.g., M&A), Customer must report the excess to [email protected] within 30 days of the Growth Event. Customer agrees to pay fees from the date of the Growth Event through the subsequent anniversary date. Customer agrees to execute an order form documenting any additional fees due pursuant to this Growth and Expansion section of this Order Form.
a. FSE Metric Reporting.
FSE Metric: The number of Active FSE Worker Records as of sixty (60) days prior to each anniversary of the Order Term start date. Additional FSE Workers are defined as any Active FSE Worker records exceeding the Baseline FSE Count.
FSE Expansion Table
SKU FSE Expansion Rate
All Service SKUs (combined excluding USP) 529.78
USP 49.96
b. Transaction Reporting.
Transaction Metric: The total cumulative number of transactions for the 12 -month period preceding the Annual Reporting Date.
Transaction Expansion Table
SKU Total Transaction Limit Expansion Rate for Transaction Increase
GM Total of 540 Award-Based Invoices
Created 20,502
PRO Unlimited Purchase Orders Issued 31,001
5. Renewal.
Upon Customer’s request, Workday will provide its then -current prices for renewal of this Order Form and will engage in good faith negotiations regarding Subscription Fees for Customer’s use of the Service for a period of time following completion of the Order Term (“Renewal Term”). Customer understands that the Subscription Fees for the Renewal Term will be negotiated with consideration given to the FSE Expansion Rate set forth in this Order Form. The Renewal Term and the Subscription Fees during the Renew al Term (“ Renewal Fees ”) will be documented with a new Order Form. Renewal Fees are due by the first day of the Renewal Term to ensure continuous Service.
6. Additional Definitions.
“CPI” means the consumer price index established by the United States Depa rtment of Labor for All Urban Consumers, US City Average, All Items (change in annual average).
“Renewal Term CPI ” means CPI established for the calendar year prior to the most recent February 1 preceding the Renewal Term, if a positive number.
“Innovation Index ” means the fixed annual rate of increase in Subscription Fees based on improved Service functionality and performance that is a result of Workday’s efforts and investment in product development and infrastructure.
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7. Right to Reduce
Beginning on the third anniversary of the Order Term start date, Customer may request a one -time adjustment to reduce its Baseline FSE Worker count, up to a maximum of seven percent (7 %) during the Order Term. Any future fees associated with the reduced Ba seline FSE Workers will be reduced from future invoices. If the fees associated with the reduced Baseline FSE Workers have been prepaid and unearned, a credit for the reduced fees will be applied only to subsequent invoices for the subscription Service. Th e reduction must have an effective date at least thirty (30) days after the date Workday provided written notice and in no event will Customer be entitled to a retroactive adjustment to the Subscription Fees that Customer has previously paid or for any per iod prior to the Reduction in FSE Workers. In the event such adjustment in Subscription Fees occurs, the adjustment will be applicable only to the Subscription Fees in the subsequent Subscription Periods listed on this Order Form.
Such reduction will be do cumented through an amendment to this Order Form (“ Reduction Option Amendment”). Customer must report the decrease in the Baseline FSE Count in conjunction with Customer’s Annual Reporting. Any failure to report within thirty (30) days prior to Customer’s Annual Reporting Date will invalidate this option. This decrease in fees may not be applied retroactively to any previous period already reported to Workday. Notice of the reduction in Baseline FSE Count must be sent to [email protected].
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WORKDAY SERVICE SKU DESCRIPTIONS ADDENDUM
Customer may only use the Service SKUs subscribed to as indicated in the body of this Order Form. Workday Service SKU descriptions for SKUs not subscribed to by Customer are provided for reference only and are subject to change.
Core Human Capital Management
Workday Core HCM supports an organization in organizing, staffing, paying, and developing its global workforce.
Workday Core HCM includes global human resour ces management (workforce lifecycle management, organization management, worker profile, compensation, business asset tracking, absence, and employee benefits administration). Workday Core HCM includes connectors that facilitate integration to select Workd ay partners that provide capabilities including: recruiting, learning, time and attendance, and user account provisioning (LDAP/Active Directory).
Talent Optimization
Talent Optimization includes talent and performance functionality (goals, development p lans, employee performance reviews, talent and performance calibration, feedback, check -ins, succession, mentors and connections, competency management, talent pools, and talent matrix reports). Talent Optimization also includes features (if and when available) that enable organizations to optimize their workforce and workers to optimize their careers. It supports talent mobility by connecting an organization’s workforce with internal opportunities matched to their skills, experience, and interests. It also guides workers and enables them to explore potential opportunities. This SKU requires customers to maintain an active subscription to Innovation Services and opt -in to the corresponding Innovation Service.
Workday Payroll for US
Workday Payroll for US supports the creation and management of Payroll for U.S. employees. Configure earnings, deductions, accumulations, and balances. Identify tax authorities each company wishes to withhold for. Manage worker tax data, payment elections, involuntary withhol ding orders, and payroll input. Calculate, review/audit, and complete payrolls and settlement runs. Configure and calculate payroll commitments. Workday Payroll includes connectors that facilitate integration to select Workday partners that provide capabi lities, including: time and attendance, tax filing, check printing, and direct deposit.
Time Tracking
Workday Time Tracking supports an organization in collecting, processing, and distributing time data for its global workforce. Workday Time Tracking mo dule includes the following capabilities: basic time scheduling, time entry (hourly, time in/time out), approvals, configurable time calculation rules, and reporting.
Projects
Projects enables organizations to create and manage projects, initiatives, and other types of work. This includes the ability to build project plans and utilize project breakdown structures that include phases, tasks, and milestones as well as plan, staff, and track projects, initiatives, and work efforts.
Project Billing
Project Billing enables organizations to bill clients for specific projects. This includes the ability to configure billing rates and rules, to review and approve billable transactions, and to invoice the customer.
Learning
Workday Learning supports an organiza tion in training and developing its workforce. This includes the ability to manage, organize and deliver learning content using Media Cloud, and to leverage Workday HCM data to create targeted learning campaigns. A variety of learning content is supported - including but not limited to video, packaged third -party content, and user -generated content. Workday Learning also offers the ability to manage certifications and instructor -led course enrollments, and to gather feedback and analytics relating to the le arning experience.
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Workday Media Cloud is a media content management system that consists of Workday’s storage, encoding, caching, playback, streaming, and related service components as provided by Workday for customers of the Workday Service. A variety of learning content is supported by Media Cloud, including but not limited to video, packaged third-party content, and user-generated content.
Expenses
Workday Expenses supports employee expense processing. Workday Expenses includes self -service and administrative functions to support employee expense reporting and reimbursement, including expense reports, global expense rules, approvals, reimbursement, credit card integration, and spend analytics. Workday Expenses includes connectors that faci litate integration to partners that provide capabilities, including: corporate card transactions, and support for 'punchout' to suppliers.
Procurement
Workday Procurement includes procure to pay functionality to address spend for goods, contingent workers , and deliverable services. Manage suppliers, supplier contracts, requisitions, purchase and change orders, receipts, and goods and services sourcing. Maintain purchase items, catalogs, and a supplier portal. Track and analyze time, activity, and spend. Create receipt accruals for approved, but not yet invoiced receipts. Workday Procurement includes connectors that facilitate integration to partners that provide capabilities, including:
corporate card transactions, and support for 'punchout' to suppliers.
Core Financials
Workday Core Financials provides traditional financial management and accounting functionality, including financial management, accounting and reporting, financial consolidation, supplier accounts, customer accounts, business assets, c ash management, budgets, contracts, billing, and revenue recognition. Core Financials includes connectors that facilitate integration to select Workday partners that provide capabilities, including:
customer relationship management, electronic payments, and customer payments via credit card.
Grants Management
Workday Grants Management enables organizations to administer and report on awards from the federal government, foundations, or other funding institutions. Workday Grants Management includes functio nality to track and manage sponsors, awards, grants, and grant hierarchies. It also includes capabilities to calculate facilities and administration costs, and to bill and report to sponsors.
Financial Planning
Financial Planning provides the ability for Customer to create financial planning models for the purpose of supporting the financial planning process. Workers may interact with the financial planning model for the purposes of data entry, forecasting, reporting, and analysis.
Recruiting
Workday Recruiting supports an organization in its talent acquisition process. It is designed to help hiring managers and recruiters identify, hire and onboard the right talent for their business. Workday Recruiting supports the hiring process, including pipeline management, requisition management, job posting distribution, interview management, offer management, as well as supports local data compliance and pre -employment activities.
Workday Recruiting also offers hiring teams tools to proactively source, nurture and track internal and external prospective candidates throughout the recruiting process.
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WORKDAY LEARNING ADDITIONAL TERMS AND CONDITIONS ADDENDUM
1. Permitted Scope of Use
Customer may use Workday Learning only for the internal business purposes of Customer and its Affiliates for training and developing its internal workforce limited to its Employees or Workers having an Active Record in the HCM Service and that are included in the number of FSE Workers in a current Order Form. L earning includes unlimited storage for Media Cloud Content (defined in the Media Cloud Terms Addendum) for Customer’s learning programs and unlimited bandwidth. All use of Media Cloud, both with Learning and with any other Service applications, is subject to the terms and conditions set forth in the Media Cloud Terms Addendum.
2. Course Content
Workday Learning provides Customer with the opportunity to build and promote to its workforce customized learning programs, lessons, and campaigns created through use of the Workday Learning Service (“Courses”).
Courses may include links to or otherwise incorporate Media Cloud Content. Customer is solely responsible for all content of Courses it creates in Workday Learning, including any related Media Cloud Content (“C ourse Content”). Customer must obtain and maintain all necessary rights, consents, permissions and licenses to transfer, convert, input or upload Course Content into Workday Learning and to publish, broadcast, and otherwise make any such Course Content available to its users. Customer is responsible for obtaining all applicable licenses and authorizations for streaming or displaying Course Content to its users in any and all locations from which Customer’s users access the Workday Service. To the extent Cus tomer is not the sole owner of any Course Content, Customer is solely responsible for complying with the content owner’s applicable terms of use and all Laws applicable to use of such Course Content, both from where Course Content is accessed and where Cou rse Content is displayed. Customer agrees to indemnify and hold harmless Workday, its service providers and subcontractors, and its and their Affiliates, from any losses arising out of or relating to any third -party claim concerning Course Content or Custo mers’ violation of the applicable Acceptable Use Policies (defined in the Media Cloud Terms Addendum). Customer grants Workday, its service providers and subcontractors, and its and their Affiliates, all right and licenses to access, publish and use Course Content for the purposes of providing the Learning Service and/or to comply with the Laws or requests of a governmental or regulatory body.
3. Additional Support Location for Workday Learning
Customer understands and agrees that Workday may provide support for Learning from Canada, including access to Customer’s Tenants in connection with such support.
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WORKDAY MEDIA CLOUD ADDITIONAL TERMS AND CONDITIONS ADDENDUM
These Workday Media Cloud Additional Terms and Conditions (the “ Media Cloud Terms ”), which are subject to and governed by the MSA except as otherwise set forth herein, apply exclusively to Media Cloud and Media Cloud Content. Capitalized terms, unless otherwise defined, have the same meaning as in the primary Service subscription agreement between Workday and Customer (the “MSA”).
1. Provision of Media Cloud. “Media Cloud" consists of Workday’s storage, encoding, caching, playback, streaming, and related service components for Media Cloud Content as provided by Workday for customers of t he Service. Media Cloud components are hosted or delivered by third party service providers as described on Workday’s Subprocessor List at https://www.workday.com/en-us/legal/subprocessors.html (collectively, “ Media Cloud Subprocessors”). Workday may change its Media Cloud Subprocessors or move portions of Media Cloud into a Workday hosted co-location data center. Workday shall provide prior notice of a change to any Media Cloud Subprocessor through its standard customer communication methods (i.e. Workday’s Subprocessor List, Community posts, etc.). Workday is not required to escrow third -party source code that is used in providing Media Cloud.
2. Media Cloud Content. Media Cloud Conte nt is Confidential Information subject to the MSA. “ Media Cloud Content” means:
(1) all video, audio, live stream and packaged e -learning content (such as SCORM, AICC, xAPI, CMI -5 or other formats) (referred to herein as “Packaged Media Content”) either (A) uploaded by or for Customer to Media Cloud through any Service application including Workday Drive, (B) recorded or created by or for Customer within a Service application using any Media Cloud features, or (C) auto -generated by Media Cloud in connection with items (1)(A) or (1)(B);
(2) any images, thumbnails, closed -captions, text transcripts, presentation slides, tracking data, annotations, questions, responses, and other metadata related to any Media Cloud Content listed in Section 2, item (1); and
(3) all content retrieved by Media Cloud from a third -party API that is either publicly available or for which Customer has obtained and provided valid credentials to the Service to import such content into Media Cloud.
3. Player for Packaged Media Content. Workday Media Cloud offers an optional “ Player for Packaged Media Content ”. The Player for Packaged Media Content is not part of the Service and is not covered under Workday’s existing audit reports, security exhibits, data processing terms, or the Workd ay Customer Audit Program. Workday shall provide support for the Player for Packaged Media Content consistent with Workday’s standard support policy. Customer is licensed to use the Player for Packaged Media Content solely in support of Customer’s use of the Learning Service. “Packaged Media Content User Interaction Data ” means data relating to user interactions with Packaged Media Content, including but not limited to, start/stop course activity, quiz responses, and interactions with page elements.
4. Customer Rights and Obligations. Customer shall use Media Cloud only in connection with authorized use of the Service for the benefit of Customer, its Affiliates, and its Authorized Parties covered under a current subscription agreement. Customer shall use Media Cloud only in accordance with these Media Cloud Terms.
Customer shall: (1) maintain all licenses, consents, rights, permits, and authorizations necessary for transferring, uploading, publishing, broadcasting, streaming and displaying Media Cloud Content in all locations from which Customer’s or its Affiliate’s users access the Service and for the public use of external sites as referenced above; (2) to the extent Customer is not the sole owner of any Media Cloud Content, comply with the content owner’s applicable terms of use; (3) comply with, and ensure its Affiliates, Authorized Parties, and all of their users comply with, the Media Cloud AUPs; (4) comply with, and ensure its Affiliates, Authorized Parties, and all of their users comply with, all Laws applicable to use of Media Cl oud Content, both from where Media Cloud Content is accessed and where Media Cloud Content is displayed; and (5) be responsible for the transfer of personal data or other sensitive data to Media Cloud. Customer acknowledges that Media Cloud is not intended for storage or transmission of sensitive personal data or credit card data. Customer shall not upload or transmit Protected 104 of 663
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5. Media Cloud AUPs. “Media Cloud AUPs ” means Workday’s Learning and Media Cloud AUP, which also incorporates by reference Acceptable Use Policies of each applicable Media Cloud Subprocessor. The current version of the Media Cloud AUPs can be found at https://community.workday.com/aup-learning and is subject to change at the discretion of Workday and each applicable Media Cloud Subprocessor at any time.
Workday may su spend Customer’s access to Media Cloud at any time if Workday or a Media Cloud Subprocessor reasonably believes Customer has violated, or intends to violate, the Media Cloud AUPs or these Media Cloud Terms. To the extent practicable, Workday will only susp end Customer’s right to access or use the instances, data (including Media Cloud Content), or portions of Media Cloud that caused the suspension. Any such suspension will not be deemed a breach of the MSA by Workday. Customer shall cooperate with Workday and its Media Cloud Subprocessors in the investigation of any actual or alleged violation of the Media Cloud AUPs.
6. Ownership and Reservation of Rights. As between Workday and Customer, Customer retains all ownership in the Media Cloud Content uploaded to Media Cloud by any Authorized Party of Customer.
Notwithstanding the foregoing, Workday or its suppliers retain all ownership in Media Cloud Content that it makes available for Customer use. Workday is granted the rights specified in these Media Cloud T erms and all other rights remain vested in Customer. Workday and its suppliers retain all ownership in all components of Media Cloud. Customer is granted the rights specified in these Media Cloud Terms and all other rights remain vested in Workday.
7. Security. Workday shall comply with the Workday Universal Security Exhibit at https://www.workday.com/en-us/legal/contract-terms-and-conditions/index/exhibits.html to protect Media Cloud Content against accidental or unlawful destruction, loss, alteration, or unauthorized disclosure or access. Media Cloud, including the operations and facilities of any Media Cloud Subprocessor, are not covered under any of Workday’s existing audit reports. Media Cloud leverages a third -party Content Delivery Network (“ CDN”) to deliver Media Cloud Content to Customer end users. Currently, Media Cloud Content and Packaged Media Content User Interaction Data that traverses thro ugh the CDN uses Transport Layer Security (TLS). Media Cloud Content and Packaged Media Content User Interaction Data is not encrypted at rest when temporarily cached in the CDN. Packaged Media Content and other Media Cloud Content will not be considered Customer Data (or equivalent term in the MSA).
8. Data Processing Terms . All Personal Data (as defined in the Workday Universal DPE) will be processed in accordance with the Workday Universal Data Processing Exhibit at https://www.workday.com/en- us/legal/contract-terms-and-conditions/index/exhibits.html (the “Workday Universal DPE”).
9. Support. Customer acknowledges that (1) Workday may provide support for Media Cloud from Canada and other Workday support locations, including access to Customer’s Media Cloud Content in connection with such support and (2) to the extent Customer elects to use any third party tool or website to diagnose and troubleshoot any issues with Customer’s Media Cloud Content or use of Media Cloud, even if recommended by Workday, Customer will be solely responsible and shall indemnify Workday its service providers and subcontractors, and their Affiliates, against all losses a rising out of or relating to Customer’s use of any such third party tool or website.
10. Media Cloud Term and Termination. Notwithstanding anything to the contrary in the MSA or the Order Form to which this Addendum is attached, unless earlier terminated as provided herein, these Media Cloud Terms shall commence on the Order Effective Date and continue through the end of the term of the MSA. Unless 105 of 663
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WORKDAY ADAPTIVE PLANNING ADDITIONAL TERMS AND CONDITIONS ADDENDUM
These Additi onal Terms and Conditions (“ Planning Terms ”) supplement and amend the MSA only for the Workday Adaptive Planning SKU(s) listed on this Order Form (“ PLNSKU”) and do not amend the terms of the MSA for other SKUs purchased by Customer under an Order Form. Unless otherwise defined, capitalized terms used in these Planning Terms have the same meaning as set forth in the MSA.
1. Documentation. The Documentation fo r PLNSKU (https://adaptiveplanning.doc.workday.com) applies in lieu of any other Workday Documentation.
2. Support. Support for PLNSKU is provided as set forth in the SLA for Planning (currently locate d at https://www.workday.com/en-us/legal/contract-terms-and-conditions/index/.html). The Workday SLA does not apply to PLNSKU.
3. Planning Instances and Administrators.
(a) PLNSKU uses Planning Instances for Customer Data rather than Customer’s Tenant. A “Planning Instance” is a unique instance of the Service with a separate set of Customer Data held in a logically separated database (i.e. a database segregated through password -controlled access) that Customer may link to other Planning Instances. Following Customer retrieva l of data, Workday shall, unless legally prohibited, delete all Customer Data by deleting Customer’s Planning Instance consistent with the Tenant deletion terms in the MSA.
(b) PLNSKU uses Administrators. “Administrators” mean those Authorized Party users who are designated by Customer to have administrative rights to Customer’s account for the Service, whereby such users will be responsible for administering and controlling access to and use of the Service by other Authorized Parties.
4. Universal Security Exhib it & Universal Data Processing Exhibit. Except as set forth herein, the Universal Security Exhibit and Universal Data Processing Exhibit (currently located at https://www.workday.com/en- us/legal/contract-terms-and-conditions/index/.html) shall govern PLNSKU. PLNSKU is a Covered Service under the Universal Security Exhibit and Universal Data Processing Exhibit.
5. Subprocessor List. “Subprocessor List” means the list (currently located at https://www.workday.com/en- us/legal/subprocessors.html) identifying the Subprocessors that are authorized to Process Personal Data for PLNSKU.
6. Audit Report. The audit report applicable to PLNSKU is the current Service Organization Controls 2 Type II audit report for Workday Adaptive Planning or successor third -party audit report ( “Planning SOC2” ). For PLNSKU, Workday maintains a security program that conforms to the Security Exhibit and is further described in the Planning SOC2. All background checks will be conducted pursuant to the Planning SOC2.
PLNSKU has separate ISO 27001, ISO 27018, and ISO 27701 certifications that apply in lieu of Workday ISO certifications.
7. Protected Information.
(a) Customer acknowledges that PLNSKU is designed with security and access management for processing non-Protected Information, and Customer agrees that neither Customer (nor its Affiliates or Authorized Parties) shall include Protected Information in its Customer Data. (b) “Protected Information” means, to the extent any of the following relates to an identified or identifiable natural person, (i) Protected Health Information as defined in the U.S. Health Insurance Portability and Accountability Act or other health information regulated under Data Protection Laws applicable to Customer; (ii) Cardholder Data, as described in the Payment Card Industry data security standards; or (iii) special categories of personal data regulated under Article 9 of the General Data Protection Regulation.
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WORKDAY INNOVATION SERVICES TERMS AND CONDITIONS ADDENDUM
These Workday Innovation Services Terms and Conditions (these “ IS Terms”) are subject to and governed by the MSA and, except as otherwise set forth herein, apply to all Innovation Services (each, an “ Innovation Service ” and, collectively, “Innovation Services”) offered by Workday. Unless otherwise defined herein, capitalized terms used in these IS Terms have the same meaning as set forth in the MSA. The parties agree that these IS Terms apply exclusively to the use of Innovation Services and IS Data (each as defined below) and do not amend the terms of the MSA. Notwithstanding anything to the contrary in the MSA and solely with resp ect to the Innovation Services provided hereunder, in the event of a conflict, the provisions of these IS Terms shall take precedence over provisions of the body of the MSA and over any other exhibit or attachment.
1. For Purposes of these IS Terms:
“Customer Results ” means any and all analytics, trends, analyses, processes, aggregations, reports and results generated from IS Data; provided that Workday Results shall never be classified as Customer Results;
“Workday Results ” means any and all analytics, tr ends, analyses, processes, aggregations, reports and results generated from IS Data that has undergone processing by Workday such that it can no longer be used to identify, directly or indirectly Customer or any natural person using means reasonably likely to be used by Workday, Customer or any other person; and
“Results” means, collectively, Customer Results and Workday Results.
2. Innovation Services. Subject to these IS Terms and the applicable service description posted on Workday’s Community site (each, a “ Service Description ”), Customer may access and use Innovation Services to enhance and optimize Customer’s experience with the Service (or such eq uivalent term in the MSA).
Customer determines which Innovation Service(s) to participate in by actively enabling such Innovation Service(s) inside its Tenant (“IS Enablement”). Unless otherwise indicated in a Service Description or agreed in an Order Form , all Innovation Services are part of the Service, will be delivered with no additional fees to the Customer, and will be provided in English only. For clarity, these IS Terms apply to all Innovation Services, including but not limited to (a) those purchas ed under an order form and (b) those delivered with no additional fees and enabled in Customer’s Tenant.
3. Innovation Services Data. In these IS Terms, the data that Customer provides to Innovation Services is referred to as “ IS Data ”. An explanation of w hat IS Data must be contributed in order to utilize a specific Innovation Service is included in the applicable Service Description. IS Data is not considered Customer Data (or such equivalent term in the MSA) but will be protected as Confidential Informat ion under the MSA and protected as described in these IS Terms, the Workday Universal Security Exhibit, and the Workday Universal DPE. IS Data will be used by Workday only in accordance with the applicable Service Description, these IS Terms, and the MSA. Customer has no obligation to contribute IS Data but Customer’s right to participate in any specific Innovation Service(s) and receive Results (as defined above) is conditioned on Customer contributing IS Data. Customer can stop contributing IS Data at any time through the IS Enablement process (by disabling a specific Innovation Service).
4. Workday Obligations. Workday shall not use IS Data except to (i) provide and improve Innovation Services, (ii) generate Results, (iii) prevent or address service or tech nical problems, and (iv) verify Service Improvements, each in accordance with these IS Terms and the Documentation (as defined in the MSA), or in accordance with Customer’s instructions.
5. Customer Obligations. Customer is responsible for obtaining and verifying it has all authorizations, consents, and rights necessary to utilize Innovation Services and contribute IS Data in accordance with these IS Terms, each Service Description and applicable Law. Customer shall not contribute IS Data that contains Protected Health Information as defined in 45 C.F.R. §160.103 (“ PHI”) if such contribution is prohibited under the applicable Service Description.
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6. Proprietary Rights and Licenses.
6.1. Subject to these IS Terms, Workday grants Customer a non -exclusive, non -transferable license to access and use the Innovation Services, including, if applicable, any third -party content Workday makes available to Customer through any Innovation Service (“ IS Content”) and Results, solely for the internal business purposes of Custo mer and its Affiliates, to the extent included in Customer’s current subscription to Service applications.
6.2. Subject to these IS Terms, Customer grants Workday a worldwide, royalty -free, fully-paid up license with the right of sublicense to any Subprocesso r (as defined in the Workday Universal DPE) to use, reproduce, display, translate, adapt (including to modify and make derivative works), distribute, import, and format IS Data for the purposes set forth in the Workday Obligations Section above. As between the parties, Customer owns all IS Data and Customer Results and Workday and its licensors own the Innovation Services, IS Content, and all Workday Results.
7. Security. For each Innovation Service, Workday has implemented and will maintain appropriate techn ical and organizational measures designed to protect IS Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to, as set forth in the Workday Universal Security Exhibit at https://www.workday.com/en-us/legal/contract-terms-and-conditions/index.html (the “ Workday Universal Security Exhibit”) which is incorporated into these IS Terms by this reference. Unless otherwise set forth in a Service Description, Innovation Services are not in scope for Workday’s third -party audit reports (i.e., SOC1, SOC2, ISO Certification).
8. Data Processing Terms. All Personal Data (as defined in the Workday Universal DPE) will be processed in accordance with the Workday Universal Data Processing Exhibit at https://www.workday.com/en-us/legal/contract- terms-and-conditions/index.html (the “Workday Univer sal DPE ”) which is incorporated into these IS Terms by this reference.
9. Deletion of IS Data. At its discretion, Customer may elect to stop contributing IS Data at any time by disabling specific Innovation Service(s) through the IS Enablement process or through Data Selection (as set forth in any applicable Service Description). In the event Customer disables Innovation Service(s) through the IS Enablement process, Workday will delete any such IS Data within thirty (30) days subject to any return or retrieval rights set forth in a Service Description.
10. Term, Termination, Suspension. Notwithstanding anything to the contrary in the MSA or the Order Form to which this Addendum is attached, unless earlier terminated as provided herein, these IS Terms shall commence on the Order Effective Date and continue through the end of the term of the MSA , during which Customer will have an active subscription to Innovation Services . Unless otherwise set forth in a Service Description and excluding Innovation Services th at are required for a SKU which Customer has purchased, Workday may terminate any Innovation Service for convenience by providing at least thirty (30) days’ prior notice which may be provided by a general announcement via Community. Customer may terminate its use of any Innovation Service for convenience at any time by disabling such Innovation Service through IS Enablement or Customer may terminate these IS Terms by providing Workday with formal written notice pursuant to the MSA with a copy by email to le [email protected], and such notice will be effective thirty (30) days after Workday’s receipt of the notice. Customer understands and agrees that in the event Customer has purchased a SKU which requires Innovation Services capabilities, termination of these IS Terms will not result in a refund of fees paid or nonpayment of fees payable for the applicable SKU. Upon any termination of an Innovation Service, as of the effective date of such termination, Customer may no longer have access to such Innovation Servi ce, and related IS Data and Results. Workday may suspend Customer’s access to any Innovation Service at any time in the event Workday reasonably determines such action is necessary to preserve the integrity and/or security of such Innovation Service.
11. Miscellaneous. No uncured breach of these IS Terms by either party will give rise to a termination right under the MSA. Workday is not required to escrow third party source code that is used in the Innovation Services.
Workday may modify Service Descriptions f rom time to time provided that Workday does not materially diminish the applicable security and privacy commitments as set forth in these IS Terms. Workday will provide 109 of 663
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Agreement #252740 - Confidential
ORDER FORM #252740
Customer Name City of San Mateo
Workday Entity Name Workday Inc.
6110 Stoneridge Mall Road
Pleasanton, CA 94588
MSA Effective Date See MSA executed herewith
Order Effective Date The later of the dates beneath the parties’ signatures on the Signature Document
Order Term February 24, 2022 through February 23, 2032 Currency USD
Total Training Fees 380,739
Payment # Payment Due Date Payment Amount
1 Due in accordance with the MSA, invoiced upon Order
Effective Date
84,936
2 Due on first anniversary of the Order Term start date 32,867 3 Due on second anniversary of the Order Term start date 32,867 4 Due on third anniversary of the Order Term start date 32,867 5 Due on fourth anniversary of the Order Term start date 32,867 6 Due on fifth anniversary of the Order Term start date 32,867 7 Due on sixth anniversary of the Order Term start date 32,867 8 Due on seventh anniversary of the Order Term start date 32,867 9 Due on eighth anniversary of the Order Term start date 32,867 10 Due on ninth anniversary of the Order Term start date 32,867 x Total Payment Amount 380,739
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SKU Training Offering
Price
Per
Unit
Quantity Term
Total
Training
Fees
AK Adoption Kit 5,335 1 10 53,404
LODHCM10 Learn On-Demand – HCM Library
10 Initial Users 5,000 1 10 50,050
LODPAY10
Learn On-Demand –
Payroll/Absence/Time Tracking
Library 10 Initial Users
5,000 1 10 50,050
LODFIN10 Learn On-Demand – Financials
Library 10 Initial Users 5,000 1 10 50,050
LODTECH10
Learn On-Demand – Cross-
Application Technology Library 10
Initial Users
5,000 1 10 50,050
LODPLNTRN10
Learn On-Demand – Adaptive
Planning - Administrator Training Kit
10 Initial Users
7,500 1 10 75,075
Total
Training
Fees
328,679
SKU Training
Offering Price Per Unit Quantity Total Training Fees
TC Training Credits
(prepaid) 685 76 52,060
Total (TC) Training
Fees 52,060
Customer Contact Information Billing, In Care of
Contact Name Rich Lee
Street Address
City/Town, State/Province/Region Zip/Postal Code
Country
330 W 20th Ave
San Mateo, CA 94403
United States
Phone/Fax # (650) 522-7102
Email (Required) [email protected]
This Order Form is subject to and governed by the MSA and Addendum A attached hereto. This Order Form will control over the terms of the MSA to the extent they conflict with or are not covered by the MSA. All remittance advice and invoice inquiries can be directed to [email protected].
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ADDENDUM A
ADDITIONAL ORDER FORM TERMS – TRAINING
Unless otherwise defined herein, capitalized terms used in this Order Form have the same meaning as set forth in the referenced MSA. In the event of a conflict between the terms of this Order Form and the terms of the MSA, the terms of this Order Form shall prevail with respect to the terms hereof.
1. Training Terms. The Training Credits purchased under this Order Form may be utilized for any courses identified in Workday’s training catalog (the “Training Catalog”) as eligible to be purchased with training credits (“TC-eligible Courses”) that start on or after the Order Effective Date and end on or before eighteen (18) months from the Order Effective Date. The manner of delivery of TC -Eligible Courses is set forth in the Training Catalog. The number of Training Credits required for an attendee to attend a specific TC - eligible Course are set forth in Workday’ s current training catalog. Each attendee must be registered to attend each course. If Custom elects to register for any training course(s) without an adequate prepaid Training Credit balance, the Workday list prices set forth in the Training Catalog wil l apply. Any Customer request for a cancellation of a course enrollment must be submitted as a Training Case via the Customer Center by the Customer Training Coordinator at least seven (7) calendar days prior to the scheduled course start date. Cancellation requests received less than seven (7) calendar days prior to the scheduled course start date will not be honored and the applicable Training Credits will be deducted from Customer’s balance.
2. Training Credit Bulk Purchase Option. Under this Order Form, Workday’s discounted bulk purchase rates will be applied to the cumulative number of Training Credits purchased during a rolling 12 -month period provided Customer prepays for all such purchases. Discounted rates will not be applied retroactively for previously purchased Training Credits. If Customer elects to purchase training courses without using Training Credits, such purchases will not count toward the cumulative number of Training Credits purchased for the purpose of bulk purchase rates. The following rates apply to the bulk purchases made within the 12-month period following the Order Effective Date:
Prepaid Training Credits Acquired Rate Per Training Credit 0 - 10 USD $ 800
11 - 25 USD $ 760
26 - 50 USD $ 735
51 - 75 USD $ 710
76 - 100 USD $ 685
101 - 249 USD $ 660
250+ USD $ 620
3. Dedicated Training Terms. Customer may request to schedule Workday instructor -led training offerings as a dedicated training course provided only to Customer’s attendees (“ Dedicated Training”). Dedicated Training is subject to Workday’s availability and approval and the additional terms in this Section. The minimum and maximum number of students for any Dedicated Training is thirteen (13) minimum and twenty (20) maximum. Fees for Dedicated Training will equal the number of attendees multiplied by the applicable per-attendee student price or Training Credit value of the training course as set forth in the Training Catalog. If Customer does not use Training Credits purchased prior to the Ded icated Training start date, Workday will invoice Customer for the training fees following the training. If Customer and Workday expressly agree in writing to deliver the Dedicated Training at Customer’s site, in addition to 113 of 663
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the applicable fees or Training Credits for the Dedicated Training, Customer will reimburse Workday for the reasonable and actual travel living expenses incurred by the instructor(s) following the Dedicated Training. Any Customer request to cancel a Dedicated Training received less tha n fourteen (14) full calendar days from the scheduled start of the course is subject to a cancellation fee of 50% of the price of the course for thirteen (13) attendees as well as reimbursement for any non -refundable travel expenses incurred by the instructor(s).
4. Learn On -Demand Terms. The first Learn On -Demand ("LOD”) SKU of each Library purchased by Customer is for ten (10) Named Users. Each “5 Additional Users” SKU is for five (5) additional Named Users for the stated Library. A “Library” is a bundle of specific, related training concepts. A “Named User” is an employee or independent contractor of Customer for which Customer has provided Workday a valid name and e-mail address through the Workday Customer Center, thereby authorizing Workday to pr ovide LOD access to such individual. Workday shall assign each Named User a password granting the Named User access to the applicable LOD library. Customer’s Training Coordinator may update the list of Named Users from time to time. Each Named User may access all of the LOD content within the specified Library(ies) during the Order Term.
5. Adoption Kit Terms.
(a) The Adoption Kit is just-in-time, customizable materials for common employee and manager tasks, in addition to a wide range of templates and assets to help customers successfully roll out Workday across their organization.
(b) During the Order Term, Workday hereby grants to Customer a non -exclusive, nontransferable license to use, copy, customize, and create derivative works of the Adoption Kit provided as part of this Order Form solely for the purpose of internally distributing the relevant Adoption Kit material to promote internal use of the Service by Customer’s authorized end users in accordance with the MSA. Customer is solely respo nsible for the accuracy of any modifications or customizations of the Kit made by it. Workday reserves the right to add or remove content from individual Kit and add or remove entire Kit in the library.
(c) Subject to Workday’s underlying intellectual property rights in the Adoption Kits, the Service, and all other materials provided by Workday in connection herewith, Customer owns all right, title, and interest in and to the improvements and other materials that Customer is permitted hereu nder to develop, make, or conceive, without the involvement or input of Workday personnel, that relate to the Adoption Kit (“ Customer Improvements”). If Workday is involved in the input or development of a Customer Improvement, Workday owns all right, titl e, and interest in and to such Customer Improvement and Customer has a non -exclusive, royalty -free license to use such Customer Improvement solely for its internal business purposes. To the extent Customer discloses any portion of a Customer Improvement to Workday or others, except for any Customer Confidential Information included therein, Customer grants Workday a perpetual, irrevocable, non -exclusive, royalty -free license to use such Customer Improvement for any purpose whatsoever. In addition, Customer acknowledges that Workday may independently create and use material that is substantially similar to Customer Improvements. Customer shall reproduce all Workday proprietary rights notices and headings on any full or partial copies of Workday material provi ded as part of the Program, in the same manner in which such notices were set forth in the original. Workday reserves all rights not expressly granted hereunder, including all related Intellectual Property Rights. No rights are granted to Customer other than as expressly specified.
6. Learn On-Demand Administrator Training Kit. A Learn On-Demand Administrator Training Kit is a bundle of training courses covering related training concepts. The Customer will have access to designate up to the specified nu mber of “Named Users”. A “Named User” is an employee or independent contractor of Customer for which Customer has provided Workday a valid name and e-mail address through the Workday Customer Center, thereby authorizing Workday to provide access to such individual. Workday shall assign each Named User a password granting the Named User access to the 114 of 663
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applicable content. Customer’s Training Coordinator may update the list of Named Users from time to time. Each Named User may access all of the content within the specified Kit during the Order Term.
7. Miscellaneous Training Terms. Workday training is for use by Customer employees and independent contractors only and for purposes consistent with the MSA. In no event will Customer allow third parties to access or use Workday training or related materials, including, but not limited to, other existing or potential Workday customers or partners. Workday training courses may not be videotaped, recorded, downloaded or duplicated without Workday’s prior writte n consent. Customer will pay for all training courses taken under Customer’s account (included courses not timely cancelled). Workday may utilize external systems for learning management, enrollment, course tracking, and to facilitate testing. Customer understands that any such system is not part of the Workday Service, although Workday’s confidentiality obligations shall apply.
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ORDER FORM #319918
TO MASTER SUBSCRIPTION AGREEMENT ("MSA")
DELIVERY ASSURANCE (FIXED FEE)
Customer Name City of San Mateo ("Customer")
Workday Entity Name Workday, Inc. ("Workday")
6110 Stoneridge Mall Road
Pleasanton, CA 94588
MSA Effective Date See MSA Executed Herewith
Order Effective Date The later of the dates beneath the parties’ signatures on the MSA Signature Document
Order Term End Date September 16, 2023
Currency USD
Total Consulting Fees 133,075.00
Consulting Engagement Type
Delivery Assurance Checkpoints Reviews
Delivery Assurance Project Management Reviews
Product Components in Scope
for Delivery Assurance
Human Capital Management, Benefits, Compensation, Absence Management, Learning, Recruiting, Time Tracking, Payroll- US, Financial Accounting, Budgets, Business Assets, Customer Accounts, Expenses, Banking & Settlement, Grants Management, Procurement, Projects, Supplier Accounts, Financial Planning
Customer Contact
Information
Billing Contact
Contact Name Rich Lee
Street Address
City/Town,
State/Province/Region
Zip/Postal Code
Country
330 W 20th Ave
San Mateo, California
94403
United States
Phone/Fax # 650-522-7102
Email (Required) [email protected]
This Order Form (along with the tables above and Addendum attached hereto, this “Document”) is entered into as of the Order Effective Date listed above, and is subject to and governed by the MSA (the 116 of 663
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“Agreement”) between the Workd ay customer listed above (“ Customer”) and the Workday entity listed above (“Workday”). In the event of a conflict between the terms of this Document and the terms of the Agreement, the terms of this Document shall prevail with respect to the subject matter hereof. All capitalized terms not otherwise defined herein shall have the same meaning as in the Agreement. This Document is only valid and binding on the parties when executed by both parties and is further subject to the additional terms in Addendum A attached hereto.
Workday may extend the Order Term with respect to the Delivery Assurance Services without Customer’s consent and at no additional cost to the Customer to the extent reasonably determined by Workday to be necessary or appropriate to perform the Delivery Assurance Services.
Professional Services and Scope. This Document describes the Workday’s delivery assurance Professional Services that Workday shall perform for Customer. Any service, deliverable, feature, or functionality not expressly identified in Addendum A is not in the scope of this Document.
Fees and Payment. This Document is for Workday’s delivery assurance consulting services to be provided during the Order Term on a fixed fee basis. The fixed fee amount does not include related travel and expenses. The Total Consulting Fee as set forth above shall be invoiced upon execution of this Document.
Expenses shall be invoiced on a monthly basis as incurred. Invoices are due in accordance with the Agreement. All remittance advice and invo ice inquiries can be directed to [email protected].
Termination. Unless terminated in accordance with this Section, this Document automatically terminates upon the earlier of: (i) completion of the professional services provided hereunder, or (ii) the termination of the Agreement. Either party may terminate this Document for cause on the same terms as it may terminate the Agreement for cause. Upon receipt of any notice of termination, Workday shall immediately cease performance of all services and Customer shall pay Workday within thirty (30) days after the date of termination for all services performed by Workday (included partially completed services) and travel and living expenses incurred up to the cessation of such services. Notwithstanding any other provision to the contrary, termination or breach of this Document hereunder by either party for any reason shall not terminate nor give that party the right to terminate the Master Subscription Agreement or any Order Forms thereto.
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ADDENDUM A
ADDITIONAL TERMS – DELIVERY ASSURANCE
1. General
As part of Workday’s delivery assurance consulting services (“Delivery Assurance” or “DA”), one or more Workday DA reviewers (each, a “ DA Reviewer ”) and other Workday consultants (with the DA Reviewer, collectively, the “ Workday DA Team ”) shall validate that Customer’s deployment of the Workday Service, a s performed by a Workday service partner (“ Partner”), adheres to the Workday deployment methodology and configuration standards. Unless otherwise defined herein, capitalized terms used in this Addendum have the same meaning as set forth in the Agreement.
2. Description of Delivery Assurance Service
2.1 Configuration Checkpoint Reviews
a) Configure & Prototype Stage. This is the Workday DA Team’s detailed review of the configuration of Customer’s tenant that shall be used for end -to-end testing. The Workday DA Team shall review the configured application and document the findings for review by the Partner project consultant(s) and project manager responsible for Customer’s deployment of the Workday Service (collectively, the “ Partner Deployment Team ”), a s well as Customer. The Workday DA Team shall utilize proprietary tools in the performance of these reviews wherever possible.
i) A Partner project consultant shall complete Workday’s configuration review template corresponding to each functional DA area in scope for the project.
ii) The DA Reviewer shall review the configuration review template, complete the corresponding sections of the template, and provide feedback to the Partner project consultant.
iii) The Partner project consultant shall be responsible for resolving any issues identified by the Workday DA Team. For any issues that cannot be resolved, the Partner Deployment Team shall follow Workday’s issue resolution process.
iv) A Partner project consultant shall discuss the checkpoint outcomes with the Customer and deliver the completed configuration review template to the Customer.
b) Deploy Stage. This is the Workday DA Team’s detailed review of the configuration of the Customer pre-Production tenant before it is moved into Production. The Workday DA Team shall review the pre-Production tenant and document the findings for review by the Partner Deployment Team, as well as Customer. This review serves as a final pre -Production review of the tenant configuration. The Workday DA Team shal l utilize proprietary tools in the performance of these reviews wherever possible.
i) A Partner project consultant shall complete Workday's configuration review template corresponding to each functional DA area in scope for the project.
ii) The DA Review er shall review the configuration review template, complete the corresponding sections of the configuration review template, and provide feedback to the Partner project consultant.
iii) The Partner project consultant shall be responsible for resolving any issues identified by the Workday DA Team. For any issues that cannot be resolved, the Partner Deployment Team shall follow Workday’s issue resolution process.
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2.2 Workday Adaptive Planning Checkpoint Reviews.
a) Initiate Stage (Blueprint Review). The Partner Deployment Team shall create a blueprint document and requirement notes based on the Partner Deployment Team’s requirements session for Workday Adaptive Planning. During the Blueprint Review, the Workday DA Team shall review the blueprint document and then meet with the Partner Deployment Team to align on best practice design and validate the design for the proposed blueprint model. This Blueprint Review shall include the following topics, as applicable: proposed structures, system access, model linking, best practice, size of data model, integration points, data flows, and/or reporting. After this alignment meeting, the Partner Deployment Team shall revise as discussed by the parties and provide it to Customer for approval.
b) Model & Validate Stage (Solution Design Review). The Workday DA Team shall conduct the Solution Design Review prior to the beginning of testing in order to analyze the configuration for best practices, maintainability, efficiency, and scale. The Workday DA Team, Partner project consultant, and Customer shall then meet to review the Solution Design Review results. The review shall include the examination of configurations against the blueprint document, including structures, security access, planning models, model mapping, data integrations, and reports. The Workday DA Team and Partner project consultant shall utili ze proprietary tools in the performance of this review wherever necessary.
c) Model & Validate Stage (Model Review). The Workday DA Team shall review the Workday Adaptive Planning model after Customer has completed end -to-end testing and any revisions have been completed by the Partner project consultant. During the Model Review, the Workday DA Team shall conduct a final in -depth review of material aspects covered in the preceding Solution Design Review to agree the model is ready for Production, including a review of best practices, maintainability, efficiency, and scale prior to the comme ncement of deployment. The Workday DA Team shall meet with the Partner project consultant to validate the build follows the design and minimizes performance risks while adhering to best practices.
2.3 Integration Checkpoint Reviews. Only integrations that are within the scope of the DA that are built for the Customer by the Partner (each a "Partner-Built Integration") or by Workday (each a "Workday- Built Integration") qualify for the following Delivery Assurance reviews by the Workday DA Team.
a) Archit ect Stage (Approach Review). For all Partner -Built Integrations and Workday -Built Integrations in scope, the Workday DA Team shall review the approach to building the integration.
The Workday DA Team’s review of the integration approach occurs during the architect stage of the project to validate that the integration is architected with best practices in mind. The Workday DA Team shall then meet with Customer and the Partner Deployment Team to discuss the integration approach. The Workday DA Team’s review o f the integration approach includes activities such as reviewing the integration approach for functional use cases, data mapping, performance, and scalability. The Workday DA Team’s review is performed prior to the build Stage, although prototyping may occ ur during the architect stage. The Workday DA Team shall utilize proprietary tools in the performance of these reviews wherever possible.
i) The Partner project consultant shall identify all Partner -Built Integrations and Workday -Built Integrations that are in scope and log each integration in Workday’s project tracking system for review by the DA Reviewer.
ii) A Partner project consultant shall complete Workday’s integration review template for integrations in scope of the project.
iii) The DA Reviewer shall review the integration review template, complete the corresponding sections of the template, and provide feedback to the Partner project consultant.
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iv) The Partner project consultant shall be responsible for resolving any issues identified by the Workday DA Team. For any issues that cannot be resolved, the Partner Deployment Team shall follow Workday's issue resolution process.
v) The Partner project consultant and DA Reviewer shall discuss the checkpoint outcomes with the Customer, and the Partner project consultant shall deliver the completed integration review template to the Customer.
b) Test Stage. For Partner-Built Integrations and Workday-Built Integrations, the Workday DA Team shall review all Partner -Built Integrations and Workday -Built Integrations in scope. The integration compliance (build) review occurs early in the test stage of the project to validate that any concerns identified during the review can be remedied and tested prior to moving the integrations into Production. The integration compliance (build) review is a diagnostic review of integrations in scope and includes the review of important configuration components that have been highlighted through Workday’s deployment experience. The Workday DA Team shall utilize proprietary tools in the performance of these reviews wherever possible.
i) A Partner project consultant shall identify all Partner -Built Integrations and Workday -Built Integrations that are in scope and log the integrations in Workday’s project tracking system for review by Workday’s centralized Delivery Assurance Support Team.
ii) The Partner project consultant shall complete Workday’s integration review template.
iii) The Delivery Assurance Support Team shall review and document comments in the integration review template and update the status in Workday’s project tracking system as the Partner project consultant works to resolve any issues, until the checkpoint status is marked complete by the Delivery Assurance Support Team.
iv) The Partner project consultant shall discuss the checkpoint outcomes with the Customer, and the Partner project consultant shall deliver the completed integration review template to the Customer.
2.4 Authentication Checkpoint Review. Only if an authentication compliance revi ew has not previously been conducted for the Customer and integrations are in scope for the deployment.
a) Test Stage. The Workday DA Team shall review the authentication configuration. The authentication compliance review occurs early in the test stage o f the project to validate that any concerns identified during the review can be remedied and tested prior to moving to Production. The authentication compliance review is a diagnostic review of the authentication in scope and includes the review of important configuration components that impact authentication. The Workday DA Team shall utilize proprietary tools in the performance of this review wherever possible.
i) The Partner project consultant shall complete Workday’s authentication review template.
ii) Workday’s centralized Delivery Assurance Support Team shall review and document comments in the authentication review template and update the status in Workday’s project tracking system accordingly as the Partner project consultant works to resolve any i ssues, until the checkpoint status is marked complete by the Delivery Assurance Support Team.
iii) The Partner project consultant shall discuss the checkpoint outcomes with the Customer, and the Partner project consultant shall deliver the completed authe ntication review template to the Customer.
2.5 Reporting Checkpoint Review.
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a) Test Stage. The Workday DA Team reviews the structure of custom reports that shall be regularly used on a post -Production basis. The reporting compliance review occurs during the test stage of the project to validate that any concerns identified during the review can be remedied and tested prior to moving to Production. The reporting compliance review is a diagnostic review of the custom reports in scope and includes the review of important structural and performance considerations that have been highlighted through Workday’s deployment history. The Workday DA Team shall utilize proprietary tools in the performance of this review wherever possible.
i) The Partner project consultant shall complete the reporting review template.
ii) Workday’s centralized Delivery Assurance Support Team shall review and document comments in the reporting review template and update the status in Workday’s project tracking system accordingly as the Partner Project consultant works to resolve any issues, until the checkpoint status is marked complete by the Delivery Assurance Support Team.
iii) The Partner project consultant shall discuss the checkpoint outcomes with the Customer, and the Partner pro ject consultant shall deliver the completed reporting review template to the Customer.
2.6 Delivery Assurance Project Management Reviews.
a) Plan Reviews. Workday’s Delivery Assurance Manager shall review the Partner’s project planning documents drafted during the plan stage and the cutover plans detailing the Customer’s transition to the Workday Service to determine whether the defined scope, tasks, and timelines are reasonable and align to the Workday deployment methodology.
i) Workday’s Project Initi ation Checkpoint is a detailed review for adherence to the Workday deployment methodology, an achievable schedule, and appropriate resourcing based upon scope and schedule.
A. The Partner project manager shall complete and provide copies of Workday’s proj ect initiation template, and of Partner’s Project Plan, tenant management plan and scope document.
B. The Partner project manager shall attach the documents to Workday’s project tracking system and update the Delivery Assurance checkpoint status.
C. The Workday Delivery Assurance Manager shall review the documents in detail and shall complete the Delivery Assurance process.
D. The Workday Delivery Assurance Manager shall provide feedback on the review of schedule, resources, scope and risk and deliver th e completed document to the Partner project manager and Customer.
ii) The Cutover Plan review is a detailed review of the cutover plan and associated activities.
This review shall help confirm that all important areas have been addressed to support a successful cutover to production and roll out of the Customer’s deployment of the Workday Service in Production.
A. The Partner project manager shall complete the Cutover Plan including timeline of activities, tenant information, roles and responsibilities, logistics, and communications. The Partner project manager shall develop the Cutover Plan in conjunction with the Customer’s project team.
B. The Partner project manager shall attach the documents to the Workday project tracking system and update the Delivery Assurance checkpoint status. 121 of 663
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C. The Workday Delivery Assurance Manager shall review the documents and complete the Delivery Assurance process.
D. The Workday Delivery Assurance Manager shall provide feedback to the Partner project manager, who shall deliver the completed document to the Customer.
b) Periodic check-in calls. Workday’s Delivery Assurance Manager shall conduct scheduled calls with the Partner Deployment Team and the Customer to discuss the overall state of the deployment and determine if the project is continuing to meet expected timelines and activities.
c) Deployment Readiness Reviews.
i) The Partner project manager and Customer shall complete Workday's deployment readiness review checklist toward the end of each of the five deployment stages in the Workday deployment methodology.
ii) The Workday Delivery Assurance Manager shall review and comment on the deployment readiness review checklist and provide recommendations based upon to the Workday deployment methodology.
iii) The Workday Delivery Assurance Manager shall discuss the checkpoint outcomes with the Partner project manager and Customer and deliver the completed deployment readiness review checklist to the Customer after each deployment stage.
d) Other Activities. Wor kday’s Delivery Assurance Manager shall participate steering committee meetings and additional project related activities, such as project status meetings, as needed.
3. Conditions
3.1 The parties understand and agree that the reviews and other services provided under this Document shall be performed 100% offsite, unless expressly agreed by the parties in writing. Any onsite work shall be pre-agreed to by both parties in writing.
3.2 Customer is responsible for the timely coordination of its internal resources as necessary. If Customer’s actions or responsibilities hereunder are delayed or impact Workday’s ability to perform the services for any reason, Customer understands and agrees that Workday may delay services, a Change Order may be required, and additional fees may be due.
3.3 The fees due under this Document are based on the deployment scope described in this Document and only cover work performed during the Order Term. Any changes to the scope may impact both the time required to complete the reviews and the total Fees. If Customer desires any changes to the scope, the additional work shall be subject to a separate agreement between the parties. This Document is non-cancelable and Fees are non-refundable.
3.4 Workday may use Workday certifi ed subcontractors to perform some or all of the services performed hereunder.
4. Ownership
The recommendations, ideas, techniques, know -how, designs, programs, development tools, processes, integrations, enhancements, and other technical information pr ovided or developed by Workday in the course of performing the activities contemplated by this Document, including without limitation conducting the reviews and providing guidance, or co -developed by the parties hereunder, including all Intellectual Property Rights pertaining thereto are Workday Intellectual Property Rights and Workday Confidential 122 of 663
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Information. Workday reserves all rights in the content and related Intellectual Property Rights not expressly granted to Customer herein.
5. Warranty and Disclaimer
This Order Form is for professional services rather than the Workday Service. Accordingly, the warranties and related remedies in the MSA regarding the Workday Service are inapplicable. Instead, Workday warrants that it shall perform its obligatio ns set forth in this Order Form in a professional and workmanlike manner. As Customer’s exclusive remedy and Workday’s sole liability for breach of the foregoing warranty, Workday shall correct deficiencies at no additional charge to Customer, provided Cu stomer gives written notice to Workday which describes any deficiencies within thirty (30) days of the performance of the deficient service. In the event Workday is unable to correct the identified deficiencies after good-faith efforts and at a commercial ly reasonable cost, Workday shall refund Customer prorated amounts paid for the defective portion of the services provided under this Order Form. NOTWITHSTANDING ANYTHING TO
THE CONTRARY IN THE AGREEMENT, EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORKDAY MAKES NO WARRANTIES OF
ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY
DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS ORDER FORM.
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Confidential Information
MASTER SERVICES AGREEMENT
This Master Services Agreement (this “Agreement”), dated as of February 1, 2022, is made by and between the City of San Mateo, a municipal corporation with its principal office located at 330 W. 20th Avenue, San Mateo, CA 94403 (“Client”), and Cognizant Worldwide Limited, a United Kingdom limited liability company with its principal office located at 1 Kingdom Street, Paddington Central, London, United Kingdom W2 6BD (“Cognizant”). In addition, Cognizant Technology Solutions U.S. Corporation (“ CTS US”) shall execute this Agreement solely for the purpose of enabling and authorizing CTS US to enter into Statements of Work (as defined below) togethe r with Cognizant, whereby CTS US shall provide the applicable local Services and Deliverables within the United States of America to Client for Cognizant under such Statement of Work as provided in Section 1.1. For the purposes of this Agreement, Client and Cognizant may each be referred to as “Party” or, collectively, as the “Parties.” The Parties, intending to be legally bound, hereby agree as follows:
1. SERVICES.
1.1 Services. Cognizant and Client will develop and enter into one or more statements of work incorporating a description of the specific services to be provided (“Services”), each in a form mutually agreed by the Parties (a “Statement of Work” or “SOW”). Each Statement of Work will set forth, among other things, project scope, various project acti vities and tasks to be performed by the Parties, and roles and responsibilities of the Parties. Cognizant may provide to Client the following types of services as, and to the extent, described in each Statement of Work:
(i) the management of certain business and IT operational services, which may be performed either onsite or from remote locations (“Managed Services”); (ii) certain consulting, development, integration and or other support services provided in addition to the Managed Services (“Professional Services”); and (iii) any other services described as Cognizant’s obligation in a Statement of Work, (collectively the “Services”). In addition, Cognizant will provide to Client certain results or proceeds of the Services that are defined as deliverables in each Statement of Work (collectively, the “Deliverables”). Each Statement of Work shall specifically identify this Agreement and indicate that it is subject to the terms hereof and be executed by Client and Cognizant. Unless otherwise set forth herein or expressly identified in the SOW as a modification to a specified provision of this Agreement, to the extent there are any conflicts or inconsistencies between this Agreement and any Statement of Work, the provisions of this Agreement shall govern and control. Cognizant may engage any Affiliate (as hereinafter defined) of Cognizant to provide Services and Deliverables to Client and any Affiliates of Client for Cognizant under this Agreement. For SOWs executed in connection with work to be performed for Client in the United States of America, and solely to the extent that employees of a U.S.-domiciled Cognizant Affiliate who are foreign skilled workers are required for the provision of Services or Deliverables by Cognizant in connection with such SOW, such Cognizant Affiliate may also execute such SOW solely for the purpose of providing Services and Deliverables to Client for Cognizant. Any Affiliate of Cognizant may itself provide Services directly to Client and any Affiliates of Client under this Agreement by executing SOWs in its own name, exclusive of C ognizant Worldwide Limited (“CWW”) and only for the purposes of any such SOW(s), shall be considered “Cognizant” as that term is used in this Agreement. Any Affiliate of Client may enter into SOW(s) with C ognizant or any Affiliate of Cognizant and, only for the purposes of any such SOW(s), shall be considered “Client” as that term is used in this Agreement. As used herein, the term “Affiliate” means any entity that controls or is controlled by or is under common control with Cognizant or Client, as applicable, where “control” means possessing, directly or indirectly, the power to direct or cause 124 of 663
2 the direction of the management, policies and operations of such entity, whether through ownership of voting securities, by contract or otherwise.
1.2 Deliverables and Acceptance. Deliverables, if any, under this Agreement will be as set forth under any SOW. Each SOW will describe, if applicable, the Deliverables that Cognizant is obligated to furnish to Client hereunder, the acceptance criteria for each of the Deliverables (the “Acceptance Criteria”) and the completion criteria, if any, to signify completion of each phase of a project. Client shall review, evaluate and/or test, as the case may be, each of the Deliverables within the applicable time period set forth in a SOW (with respect to each Deliverable, the “Acceptance Period” ) to determine whether or not such Deliverable satisfies the applicable Acceptance Criteria in all material respects. If Client does not furnish a written notice to Cognizant specifying that a Deliverable has failed to satisfy its Acceptance Criteria in all material respects prior to the end of the Acceptance Period therefor and/or if Client commences using the Deliverables commercially or in a production environment , then Client will be deemed to have accepted such Deliverable. If any Deliverable fails to satisfy its Acceptance Criteria in any material respect, then Client will notify Cognizant in writing specifying the respects in which such Deliverable does not conform to the applicable Acceptance Criteria and what modifications are necessary to make it conform thereto. Thereafter, Cognizant shall use its diligent commercially reasonable efforts to modify such Deliverable to so conform and the Deliverable will be resubmitted for acceptance by Client. If, after repeated attempts, Cognizant is unable to remedy any non-conforming portion of any Deliverable, Client may terminate pursuant to Section 12 .2 herein.
2. PROJECT SCHEDULE; CHANGES.
2.1 Project Schedule; Changes. Each Statement of Work will set forth the proje cted work effort and schedule applicable to the Services. All statements and agreements concerning time are based upon information available and circumstances existing at the time made, and each Statement of Work is subject to equitable adjustment upon any material change in such information or circumstances, the occurrence of an excusable delay (as provided for in Section
2.2 hereof) or upon modification of the scope, timing or level of work to be performed by Cognizant. Either Party will be entitled to propose changes. It is mutually acknowledged that any such change may affect the fees or charges payable to Cognizant and/or the project schedule.
Neither Party shall have any obligation respecting any change until an appropriate change order or amendment to the applicable Statement of Work is executed and delivered by both Parties.
2.2 Excusable Delays and Failures . Cognizant will be excused from delays in performing, or from a failure to perform, hereunder to the extent that such delays or failures result from causes beyond Cognizant’s reasonable control. Without limiting the generality of the foregoing, Client acknowledges that Client ’s failure or delay in furnishing necessary information, equipment or access to facilities, delays or failure by Client in completing tasks required of Client or in otherwise performing Client’s obligations hereunder or under any Statement of Work and any assumption contained in a Statement of Work which is untrue or incorrect will be considered an excusable delay or e xcusable failure to perform hereunder and may impede or delay completion of the Services. Client further acknowledges that such delays or failures may result in additional charges for the Services.
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3 3. PAYMENT.
3.1 Project Fees and Reimbursable Items. Client shall pay to Cognizant the fees and other compensation set forth in each Statement of Work . Although the Client anticipates that entire scope of services will be delivered remotely, in the event that federal, state, and local health and safety laws permit and the Client’s operations provide for on site service delivery, Client will also reimburse Cognizant for all reasonable out -of-pocket travel, living and other ancillary expenses paid or incurred by Cognizant in connection with the Services and any other reimbursable items set forth in each Statement of Work . Cognizant will have no obligation to perform any Services when any amount required to be paid by Client remains due and unpaid beyond the date such amount is due. Any suspension of Services by Cognizant as a result of Client ’s failure to make payment as required will extend the due dates of Deliverables and other Services to the extent impacted by such suspension or delay.
3.2 Invoices; Payments. Cognizant will invoice Client for all fees, charges and reimbursable items payable to Cognizant on a monthly basis or otherwise in accordance with the schedule set forth in the relevant Statement of Work as such payments are due. Client will pay the invoiced amount in full within thirty (30) days of the receipt of each invoice, without deduction, setoff, defense or counterclaim for any reason; provided that the Client may withhold amounts disputed in good faith pending resolution of such dispute. Client will pay interest, at a rate equal to the lesser of 1.5% per month (or part thereof) or the maximum legal rate permitted, on the amount shown on any invoice that is paid later than thirty (30) days after the receipt of the invoice, other than such amounts that are disputed in such good faith during the pendency of the relevant dispute. All amounts hereunder will be invoiced and paid in United States Dollars unless otherwise set forth in an applicable SOW.
3.3 Taxes. Client agrees to pay any applicable sales, use, value added, goods and services, services, excise, privilege, or other taxes or assessments relating to the Services or Deliverables provided by Cognizant to Client pursuant to the Agreement hereto, exclusive of taxes based on Cognizant’s net income or net worth. Cognizant will invoice Client for any taxes payable by Client that are required to be collected by Cognizant.
4. OBLIGATIONS OF THE PARTIES.
4.1 Working Environment. For any Services to be provided by Cognizant at any of Client’s sites, Client shall provide Cognizant ’s personnel with (i) a suitable and adequate work environment, including space for work and equipment for performance of the Services; (ii) access to and use of Client ’s facilities and relevant information, including sof tware, hardware and documentation; (iii) provision and maintenance of personal computer (“PC”) workstations for such personnel’s use; (iv) assistance to such personnel in a timely manner by promptly correcting any hardware or software problems that would affect the performance of Services; and (v) any other items set forth in each Statement of Work.
4.2 Personnel Commitment . Client will ensure that all Client personnel who may be necessary or appropriate for the successful implementation of the Services will, on reasonable notice, (i) be available to assist Cognizant ’s personnel by answering business, technical and operational questions and providing requested documents, guidelines and procedures in a timely manner; (ii) participate in the Services as outlined in the Statement of Work ; (iii) participate in progress and other Service related meetings; (iv) contribute to software and system testing; and 126 of 663
4 (v) be available to assist Cognizant with any other activities or tasks required to complete the Services in accordance with the Statement of Work . In the event Cognizant personnel are not performing to a satisfactory level, Client will notify Cognizant and Cognizant will promptly replace such individual with a similarly qualified individual that is reasonably acceptable to the Client.
4.3 Export Control. Client agrees to notify Cognizant of any requirements for Deliverables or any other technology, technical data or information to which Cognizant will have access as a result of the Services that, in any case, will subject the Deliverables or the other technology, technical data or information to control under applicable export regulations under any classification other than EAR99 (or its non- U.S. equivalent) and, in such event, Client will (i) identify to Cognizant the applicable regulations (e.g. the United States Export Administration Regulations (“EAR”) or the International Traffic in Arms Regulations (“ITAR”)) and classifications (e.g. ECCN) and (ii) follow such guidelines as Cognizant may communicate to Client that reasonably are required to avoid violations. Each Party acknowledges and agrees that to the extent that any tangible or intangible technical data provided under this Agreement is subject to US export laws and regulations, such Party will not use, distribute, transfer, or transmit technical data provided by the other Party under this Agreement except in compliance with US export laws and regulations. Notwithstanding the foregoing, C lient agrees that it will not provide C ognizant with any technology, technical data or information that is subject to control under the ITAR. In the event that Client wishes to provide Cognizant with ITAR-controlled technology, technical data or information, Client will notify Cognizant in writing of such intent, and the Parties agree to cooperate to determine the appropriate agreements and controls, if any, required before Client makes such disclosure.
4.4 FCPA. Neither Party shall take any action in connection with the performance of its obligations under this Agreement that violates the Foreign Corrupt Practices Act, as amended, and the rules and regulations thereunder in any manner that has a material adverse impact on the other Party. To the extent that any of the Services or Deliverables cannot be per formed or provided without violation of any law, regulation, or other control, then Cognizant shall not be obligated to provide the same and the applicable Statement of Work shall be amended accordingly.
4.5 Work Authorization/HR Compliance. In the event that it is necessary for Cognizant to obtain visas or work permits for Cognizant personnel, Client will cooperate with Cognizant by taking all reasonably necessary actions to facilitate Cognizant’s efforts, including, but not limited to, providing, and hereby consents to Cognizant providing to immigration authorities, documentation indicating the nature and location of the work to be performed, the necessity of the work to be performed, and other documentation as may be reasonably required and related to this A greement (including the existence and terms of this Agreement and the identity of the Parties hereto) , and posting such notices as may be legally required (including any legally required notice posting at Client sites from which the parties contemplate services being provided by Cognizant personnel who are foreign skilled workers).
5. OWNERSHIP.
5.1 Ownership of Work Product. Cognizant agrees that, upon Client’s payment in full, the software or other intellectual property developed by Cognizant or its Affiliates as a ‘work-for-hire’ specifically for Client, as set forth in a Statement of Work ( “Work Product”) shall be the property of, and ownership shall vest in, Client. Client’s ownership of Work Product does not include Cognizant Proprietary Intellectual Property (as defined below) or any Third Party Items, or any 127 of 663
5 derivative of the foregoing, that is incorporated into the Work Product. Cognizant agrees to take, at Client’s cost and expense, all actions requested by Client which are reasonably necessary to assure the conveyance to Client of all right, title and interest in and to the Work Product, including copyright.
5.2 Residual Rights. Notwithstanding anything to the contrary herein, Cognizant, Cognizant Affiliates, and their respective employees and agents shall be free to use and employ any Residual Information. “Residual Information” means the general knowledge, ideas, know -how, experience, and techniques that would be retained in the unaided memory of an ordinary person skilled in the art, not intent on appropriating the proprietary information of the disclosing party.
Nothing in this paragraph, however, shall be deemed to grant a license under Client’s registered intellectual property rights.
5.3 Cognizant Proprietary Intellectual Property. Client acknowledges that as part of delivering the Services, Cognizant personnel may utilize proprietary software, methodologies, tools, specifications, drawings, sketches, models, samples, recor ds, documentation, works of authorship, creative works, ideas, know-how, data or other materials which have been or are originated, developed, licensed, purchased, or acquired by Cognizant or its A ffiliates or subcontractors (collectively, “Cognizant Proprietary Intellectual Property ”). Client agrees that Cognizant Proprietary Intellectual Property and Residual Information, any derivatives of Cognizant Proprietary Intellectual Property or Residual Information, is the sole property of Cognizant (or its licensors) and that Cognizant (or its licensors) will retain sole and exclusive title to and ownership thereof. If any Cognizant Proprietary Intellectual Property owned by Cognizant is embedded in Work Product, Cognizant grants to Client a worldwide, royalty free, non-exclusive, transferable, perpetual license to use, execute and perform such Cognizant Proprietary Intellectual Property as a functional element of the applicable Work Product, subject to any additional terms or limitations set forth in the applicable Statement of Work, and provided that no portion of the Cognizant Proprietary Intellectual Property is separated or unbundled from the applicable Work Product or used as a stand -alone product or development tool. Except as expressly provided in the foregoing sentence, n othing contained in this Agreement or otherwise shall be construed to grant to Client any right, title, license or other interest in, to or under any Cognizant Proprietary Intellectual Property (whether by estoppel, implication or otherwise). Any license to Cognizant Proprietary Intellectual Property that is not embedded in Work Product or that is commercially available will be pursuant to a separate license agreement between Client and Cognizant (or its licensor).
5.4 Third Party Items. Cognizant shall obtain Client’s prior written consent before embedding in Work Product or installing in Client’s environment any proprietary third party tools or applications. If any third party tools, applications, utilities and cloud infrastructure are distributed, resold, or provided to Client in connection with this Agreement (collectively, “Third Party Items”), such Third Party Items shall be provided AS -IS and made available to Client under a separate agreement between Client and the licensor of the Third Party Item or may be made available to Client by Cognizant under a separate agreement or pass -through terms set forth in an SOW, which shall apply to the relevant Third Party Item(s) in lieu of any of the terms of this Agreement.
5.5 Installation of Tools. Cognizant may use certain Cognizant owned or licensed Tools (the “Tools”), including those set forth in the applicable SOW in connection with its performance of the Services. The Tools are Cognizant’s confidential information. As between Cognizant and Client, Cognizant is the sole owner of the Tools, together with all modifications, enhancements and changes to the Tools. Client consents to Cognizant’s install ation of the Tools onto Client ’s 128 of 663
6 systems. Only Cognizant may install, configure, control, or grant access to the Tools. Client agrees that Cognizant may uninstall and remove the Tools at any time, and that the consent set forth in this paragraph is not a software license or subscription agreement. Cognizant will use the Tools as installed on Client’s systems solely to perform the Services for Client.
6. CONFIDENTIAL INFORMATION.
6.1 Confidentiality Obligations. For a period of three (3) years from the date of disclosure of the applicable Confidential Information (as hereinafter defined), Client and Cognizant shall each (i) hold the Confidential Information of the other in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as it uses to avoid unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than reasonable care, and (ii) not use the Confidential Information of the other Party for any purpose whatsoever except as expressly contemplated under this Agreement or any Statement of Work. Except with the express written consent of the other Party, each Party shall disclose the Confidential Information of the other Party only to those of its and its affiliates’ employees officers, directors, subcontractors, agents or representatives having a legitimate need to know the information for the purposes of this Agreement (“Representatives”) and shall take all reasonable precautions to ensure that such Representatives comply with the provisions of this Section 6.1.
6.2 Definition. The term “Confidential Information” shall mean any and all information or proprietary materials other than Personal Information (as defined in Exhibit A attached hereto) (in every form and media) not generally known in the relevant trade or industry and which has been or is hereafter disclosed or made available by either Party (the “disclosing party”) to the other (the “receiving party”) in connection with the efforts contemplated hereunder, including (i) all trade secrets, (ii) existing or contemplated products, services, designs, technology, processes, technical data, engineering, techniques, methodologies and concepts and any information related thereto, and (iii) information relating to business plans, sales or marketing methods and customer lists or requirements.
6.3 Exceptions. The obligations of either Party under Section 6.1 will not apply to information (other than Personal Information) that (i) was in the receiving party’s possession at the time of disclosure and without restriction as to confidentiality, (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by the receiving party, (iii) has been received from a third party without restriction on disclosure and without breach of agreement by the receiving party, or (iv) is independently developed by the receiving party without regard to the Confidential Information of the disclosing party. In addition, the receiving party may disclose Confidential Information as required to comply with binding orders of governmental entities that have jurisdiction over it or pursuant to a California Public Records Act Request ; provided that the receiving party (a) gives the disclosing party reasonable written notice to allow the disclosing party to seek a protective order or other appropriate remedy, (b) discloses only such Confidential Information as is required by the governmental entity, and (c) uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information so disclosed. 129 of 663
7 7. DATA PROTECTION
7.1 Data Protection. If and to the extent that the Services require Cognizant to process Client’s Personal Information, the Parties shall abide by the terms set forth under Exhibit A attached hereto.
8. INDEMNIFICATION.
8.1 Intellectual Property Rights Indemnity . Cognizant and Client (in such case, the “indemnifying party”) each agree to indemnify and hold harmless the other (in such case, the “indemnified party”) from and against any costs and damages awarded against the indemnified party by a court pursuant to a final judgment as a result of, and defend the indemnified party against, claims of infringement of a U.S. patent or registered copyright or misappropriation of any trade secret related to a Deliverable (in the case of indemnification by Cognizant ) or any claim relating to Cognizant’s possession, use or modification of any software, documentation, data or other property provided by Client (in the case of indemnification by Client).
8.2 Intellectual Property Rights Exclusions . Cognizant shall have no obligation under Section 8.1 or other liability for any infringement or misappropriation claim resulting or alleged to result from: (i) modifications made other than by Cognizant, (ii) use of the Deliverables in combination with any equipment, software or material not approved or provided by Cognizant, (iii) Client’s use or incorporation of materials not provided by Cognizant, (iv) the instructions, designs or specifications provided by Client; (v) any software or other materials furnished by any third party; or (vi) Client’s continuing the allegedly infringing activity after being notified thereof or after being informed and provided with modifications that would have avoided the alleged infringement.
8.3 Infringement Remedies. In the event of an infringement or misappropriation claim as described in Section 8.1 above arises, or if Cognizant reasonably believes that a claim is likely to be made, Cognizant, at its option and in lieu of indemnification, may: (i) modify the applicable Deliverables so that they become non- infringing but functionally equivalent; or (ii) r eplace the applicable Deliverables with material that is non-infringing but functionally equivalent; or (iii) obtain for Client the right to use such Deliverables upon commercially reasonable terms; or (iv) remove the infringing or violative Deliverables and refund to Client the fees received for such Deliverables that are the subject of such a claim based on a five (5) year straight line depreciation. This Section 8 sets forth the exclusive remedy and entire liability and obligation of each Party with respect to intellectual property infringement or misappropriation claims, including patent or copyright infringement claims and trade secret misappropriation.
8.4 Personal Injury and Property Damage Indemnity. Cognizant and Client each agree to indemnify, defend and hold harmless the other from and against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys ’ fees and expenses, arising out of third party claims for bodily injury or damage to real or tangible personal property, not including software, data, and documentation, to the extent caused directly and proximately by the negligence or willful misconduct of the indemnifying party, its employees or agents.
8.5 Indemnification Procedures. The obligations to indemnify, defend and hold harmless set forth above in this Section 8 will not apply to the extent the indemnified party was responsible for giving rise to the matter upon which the claim for indemnification is based and will not apply unless the indemnified party (i) promptly notifies the indemnifying party of any matters in respect of which the indemnity may apply and of which the indemnified party has knowledge; (ii) gives the 130 of 663
8 indemnifying party full opportunity to control the response thereto and the defense thereof, including any agreement relating to the settlement thereof, provided that the indemnifying party shall not settle any such claim or action without the prior written consent of the indemnified party; and (iii) cooperates with the indemnifying party, at the indemnifying party’s cost and expense in the defense or settlement thereof. The indemnified party may participate, at its own expense, in such defense and in any settlement discussions directly or through counsel of its choice on a monitoring, non-controlling basis.
9. WARRANTY.
9.1 Limited Warranty. Cognizant warrants the following:
9.1.1 the applicable Services rendered hereunder will be performed by qualified personnel;
9.1.2 the Professional Services performed will substantially conform to any applicable requirements set forth in the Statement of Work for a period of thirty (30) days (the “Warranty Period”) following “go live” of such Professional Services delivered for Client’s successful use and access ; and
9.1.3 during the Warranty Period, the Deliverable(s) will materially conform to the corresponding product specifications set forth in the applicable Statement of Work for such Deliverable.
9.2 Remedies. Cognizant does not warrant that any Deliverable will operate uninterrupted or error-free, provided that Cognizant shall remain obligated pursuant to this Section 9. In the event that any Deliverable or Service fails to conform to the foregoing warranty in any material respect, the sole and exclusive remedy of Client will be for Cognizant, at its expense, to promptly use commercially reasonable efforts to cure or correct such failure. The foregoing warranty is expressly conditioned upon (i) Client providing Cognizant with prompt written notice of any claim thereunder prior to the expiration of the applicable Warranty Period, which notice must identify with particularity the non-conformity; (ii) Client’s full cooperation with Cognizant in all reasonable respects relating thereto, including, in the case of modified software, assisting Cognizant to locate and reproduce the non- conformity; and (iii) with respect to any Deliverable, the absence of any alteration or other modification of such Deliverable by any person or entity other than Cognizant.
9.3 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.1, COGNIZANT
DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY OR CONDITION OF
ANY KIND, WHETHER SUCH REPRESENTATION, WARRANTY, OR CONDITION BE
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, QUALITY,
OR FITNESS FOR A PARTICULAR PURPOSE OR ANY REPRESENTATION, WARRANTY OR CONDITION FROM COURSE OF DEALING OR USAGE OF TRADE.
9.4 Responsibility of Client. In the event that Client asserts any claim for warranty services hereunder and such claim relates to any matter that is determined not to be Cognizant’s responsibility hereunder (including any problem with Client’s third party vendors, Client’s computer hardware or software that was not caused by any Services performed by Cognizant), Client will be responsible to pay Cognizant for all costs incurred for all evaluation, correction or other services performed by Cognizant relating to such claim on a time and materials basis at Cognizant’s then standard billing rates.
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9 10. LIMITATION OF LIABILITY AND REMEDIES.
10.1 Exclusion of Damages. In no event shall either Party be liable to the other Party or any other person or entity for any lost profits, special, exemplary, indirect, incidental, consequential or punitive damages or liabilities, or for any costs (including transition costs) associated with procuring substitute or replacement services, of any kind or nature whatsoever (collectively, “Indirect Damages”), whether in an action based on contract, warranty, strict liability, tort or otherwise, even if such Party has been informed in advance of the possibility of such Indirect Damages or such Indirect Damages could have been reasonably foreseen by such Party.
10.2 Total Liability. In no event shall Cognizant’s liability to Client or any other person or entity arising out of or in connection with this Agreement or the Services exceed, in the aggregate, the total fees paid by Client to Cognizant for the particular Service or Deliverable with respect to which such liability relates (or in the case of any liability not related to a particular portion of the Services, the total fees paid by Client to C ognizant under the applicable Statement of Work) in the twelve (12) month period preceding the last act or omission giving rise to any such liability, whether such liability is based on an action in contract, warranty, strict liability or tort (including, without limitation, negligence) or otherwise. The limitations specified in this Section 10 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
11. EMPLOYEES.
11.1 No Employee Relationship. Neither Party’s personnel shall be deemed to be employees of the other Party. Each Party and its Affiliates shall be solely responsible for the paym ent of all compensation to its employees, including provisions for employment taxes, workmen’s compensation and any similar taxes associated with employment of its personnel. A Party ’s employees shall not be entitled to any benefits paid or made available by the other Party to its employees.
11.2 Non-Solicitation Obligations. During the term hereof and for a period of twelve (12) months thereafter, neither Party shall, directly or indirectly, solicit for employment or employ, or accept services provided by, (i) any employee of the other Party (including employees of Cognizant’s Affiliates); or (ii) any former employee of the other Party (including former employees of Cognizant’s Affiliates) who performed any work in connection with or related to the Services.
11.3 Subcontractors and Third Party Providers. In addition to the right to engage Affiliates to provide Services as specified hereunder, Cognizant may engage non- Affiliate third parties which will be responsible for providing a portion of the Services that Cognizant provides to Client (such as field services and end user support) where such services are not dependent on a product being provided by such third party (“Subcontractors”), provided that such Subcontractors have executed appropriate confidentiality agreements with Cognizant. Cognizant may also (i) engage vendors providing equipment or software (and services in support of such equipment or software) to support the provision of Services and/or (ii) subcontract for third party services or products that are not principally dedicated to performance of Services for the Client, which are not material to a function constituting a part of the Services, do not result in a material change in the way Cognizant conducts its business, or are composed of small scale temporary labor (collectively, “Third Party Providers”). For the avoidance of doubt, Third Party Providers shall not be deemed “Subcontractors” as such term is defined under this Sect ion 11.3. Cognizant may engage such Third Party Providers pursuant to such Third Party Providers’ standard terms and conditions. 132 of 663
10 Client shall agree in writing to be bound by the Third Party Providers’ standard terms and conditions to the extent necessary , if at all, for Client to (iii) be able to use of the relevant Third Party Provider’s product or services in connection with its receipt of the Services and/or (iv) make use of any of the Services supported by such Third Party Provider’s product/services. No engagement of Subcontractors or Third Party Providers hereunder will relieve Cognizant from any of its obligations under this Agreement.
11.4 Nondiscrimination. To the extent applicable to Services under this Agreement, Cognizant shall abide by the requirements of 41 C .F.R. §§ 60- 1.4(a), 60 -300.5(a) and 60- 741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.
12. TERM AND TERMINATION.
12.1 Term. The Agreement is effective as of the date on the Agreement and shall continue in effect for an initial term ending three years thereafter. The Agreement shall thereafter continue in effect for successive one- year terms, unless not later than sixty (60) days prior to the end of the then-current term, either party shall notify the other that the Agreement shall expire, in which event the Agreement shall expire on the last day of the then-current term (except with respect to any Statement of Work for which the term set forth in such Statement of Work has not yet been completed, which Statement of Work shall continue until expiration or termination).
12.2 Termination or Suspension. This Agreement may be terminated in whole or in part by either Party (the “non-breaching party”) upon written notice to the other Party if any of the following events occur by or with respect to such other Party (the “breaching party”): (i) the breaching party commits a material breach of any of its obligations hereunder and fails to cure such breach within thirty (30) days after receipt of notice of such breach or fails to reach an agreement with the non- breaching party regarding the cure thereof; or (ii) any insolvency of the breaching party, any filing of a petition in bankruptcy by or against the breaching party, any appointment of a receiver for the breaching party, or any assignment for the benefit of the breaching party’s creditors. In addition to any right to terminate as provided in this Agreement, the Parties agree that in connection with any dispute for which Client withholds the payment of charges pursuant to this Agreement, if the total amount being disputed (other than amounts in dispute resulting from clear billing errors of Cognizant), plus any amount that is undisputed but past due and any interest that has accrued thereon, exceeds the amount of fees billed by Cognizant in the then-prior three-month period (the “Disputed Amount Threshold”), Cognizant may, without liability to Client or its Affiliates, with at least 30 days’ prior written notice to Client, suspend the further delivery of Services that are not paid for in advance until all payment disputes are resolved using the dispute resolution process set forth in this Agreement. If Client pays the Disputed Amount, Cognizant shall promptly recommence performance of the Services and all Cognizant timing obligations and delivery commitments under this Agreement and/or each applicable SOW shall be extended by the number of days between the date of suspension and the date Cognizant recommences performance of the relevant Services.
12.3 Payment upon Termination. Upon termination, Cognizant will be entitled to recover payment for all undisputed Services rendered through the date of termination (including for work 133 of 663
11 in progress), and in the event of termination of this Agreement, in whole or in part, by Cognizant pursuant to this Section 12 , Cognizant will also be entitled to recover those reasonable costs incurred in anticipation of performance of the Services to the extent they cannot reasonably be eliminated.
12.4 Survival. In the event of termination or upon expiration of this Agreement, Sections 3, 5, 6, 8, 9 (subject to the expiration of any warranty period), 10 , 11, 12, and 13 hereof will survive and continue in full force and effect.
13. MISCELLANEOUS.
13.1 Governing Law. This Agreement will be governed by the laws of the State of California, and the venue as San Mateo County, without reference to the principles of conflicts of law. The Parties acknowledge and agree that this Agreement relates solely to the performance of services (not the sale of goods) and, accordingly, will not be governed by the Uniform Commercial Code of any State having jurisdiction. In addition, the provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
13.2 Dispute Resolution.
13.2.1 Informal Negotiations. In the event of any dispute, controversy, or claim of any kind arising out of or relating in any way to this Agreement or the breach thereof (each a “Dispute”), the parties will attempt to resolve the Dispute informally prior to initiation of litigation .
The Party claiming a Dispute shall send a written notice of Dispute to the other Party describing the basis for the Dispute and the requested remedy and inviting the other Party to have its executive confer with a named executive of the claiming party to attempt to negotiate a resolution.
If such negotiation is unsuccessful after the executive conference is completed, if the invitation to confer is declined, or if, within ten (10) business days after the Dispute notice is delivered, then either Party may seek judicial relief.
13.2.2 Access to Courts. Either Party may at any time apply to a court with appropriate jurisdiction to seek interim or provisional relief necessary to protect its rights or property pending the resolution of a Dispute in accordance with these procedures, including injunctive relief and specific performance,. To the fullest extent permitted by Law, each Party irrevocably waives all rights to a trial by jury.
13.3 Binding Effect and Assignment. Neither Party may assign or otherwise transfer any of its rights, duties or obligations under this Agreement without the prior written consent of the other Party, except either Party may, upon prior written notice to the other Party (but without any obligation to obtain the consent of such other Party ), assign this Agreement or any of its rights hereunder to any Affiliate of such Party, or to any entity who succeeds (by purchase, merger, operation of law or otherwise) to all or substantially all of the capital stock, as sets or business of such Party, if such entity agrees in writing to assume and be bound by all of the obligations of such Party under this Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assignees.
13.4 No Third Party Beneficiaries . This Agreement shall not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns. 134 of 663
12 13.5 Notices. All notices required by this Agreement will be given in writing to the other Party and delivered by registered mail, international air courier, facsimile, or the equivalent. Notices will be effective when received as indicated on the facsimile, registered mail, or other delivery receipt.
All notices will be given by one Party to the other at its address stated on the first page of this Agreement unless a change thereof previously has been given to the Party giving the notice.
13.6 Amendments and Waivers. This Agreement may be modified only by a written amendment executed by duly authorized officers or representatives of both Parties. No waiver by either Party of any right or remedy hereunder shall be valid unless the same shall be in writing and signed by the Party giving such waiver. No waiver by either Party with respect to any default, misrepresentation, or breach of warranty or covenant hereunder shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
13.7 Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such pr ovision shall be severed from this Agreement and the remaining provisions will continue in full force.
13.8 Counterparts. This Agreement and each Statement of Work may be executed in several counterparts and by facsimile signature, each of which will be deemed an original, and all of which taken together will constitute one single agreement between the Parties with the same effect as if all the signatures were upon the same instrument. A telecopy signature shall be as legally effective as an original signature.
13.9 Entire Agreement. This Agreement and all Statements of Work attached hereto constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other prior or contemporaneous communications between the Parties relating to the subject matter herein.
13.10 Press Releases and Announcements . Either Party may make any public disclosure it believes in good faith is required by applicable law, regulation or stock market rule (in which case the disclosing party shall use reasonable efforts to advise the other Party and provide it with a copy of the proposed disclosure prior to making the disclosure).
13.11 Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
13.12 Consents and Approvals. Except where expressly provided as being in the discretion of a Party, where approval, acceptance, consent or similar action by either Party is required under this Agreement or the applicable Statement of Work , such action shall not be unreasonably withheld or delayed.
IN WITNESS WHEREOF, Cognizant and Client have caused this Agreement to be signed and delivered by their duly authorized officers, all as of the date first herein above written.
COGNIZANT WORLDWIDE LIMITED
Signature:
CITY OF SAN MATEO
lee saber (Feb 3, 2022 19:40 MST)
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13 Print Name:
Title:
Signature:
Print Name:
Title: _______________________________
Solely for the purpose of acknowledging that CTS US may perform local services in the United States of America in accordance with Section 1.1:
COGNIZANT TECHNOLOGY SOLUTIONS U.S. CORPORATION
Signature:____________________________
Print Name:____________________________
Title:_________________________________
lee saber (Feb 3, 2022 19:40 MST)
lee saber
Legal Counsel
Legal Counsel
lee saber
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14 EXHIBIT A
DATA PROTECTION AGREEMENT
This Data Protection Agreement (this “DPA”), is entered into by and between Cognizant Worldwide Limited (collectively with its Affiliates, “ Cognizant”) and City of San Mateo (“Client”) (each a “Party” and collectively, “Parties”), pursuant to the terms and conditions of the Master Services Agreement (the “Agreement”) effective February 1, 2022 between the Parties.
General Data Protection Terms
1. Introduction.
1.1. Order of Precedence . This DPA is part of the Agreement, and the terms of this DPA are in addition to, and not in lieu of, the terms in the Agreement. The terms of this DPA shall prevail over any conflicting terms in the Agreement’s other sections.
2. Definitions.
2.1. In this DPA:
a. “Access” or “Accessing” means to access, view, alter, use, process, transfer, store, host, disclose, erase, destroy, or dispose of Protected Data, and includes any operation or set of operations performed upon Protected Data, whether or not by automated means.
b. “Applicable Laws ” means the privacy, data security, and data protection laws, directives, regulations, orders, and rules in the jurisdiction(s) applicable to the Cognizant and/or the Services provided under the Agreement. c. “Applicable Standards ” means government standards, industry standards, and commercially reasonable practices related to privacy, data security or data protection that are applicable to Cognizant and the Services provided under the Agreement, or such other standards as otherwise agreed to by the Parties and specifically set forth in an applicable Statement of Work or other written agreement. d. “Authorized Person(s)” means the individual(s) to whom Client or Cognizant has granted Access to Protected Data.
e. “Employee Personal Data” means the Personal Information of the personnel of Cognizant, Cognizant ’s Affiliates, or Cognizant subcontractors or other representatives.
f. “European Data Protection Legislation” means Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ("General Data Protection Regulation"), including any applicable delegated acts adopted by the European Commission and any applicable national legislation made under or otherwise adopted by Member States of the EEA 137 of 663
15 pursuant to specific rights or powers contained within the General Data Protection Regulation, together with any replacement legislation or any equivalent legislation of any other applicable jurisdiction and all other applicable laws and regulations in any relevant jurisdiction relating to the processing of personal data and privacy. g. “include” or “including” means including but not limited to. h. “Personal Data” means: any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identificati on number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. i. “Personal Information” means: (i) information relating to an identified or identifiable individual in any form or medium; (ii) information related to an identified or identifiable individual that is protected under Applicable Law (including Personal Data); or (iii) information that is not specifically about an identified or identifiable individual but, when combined with other information, may identify an individual. In the event that the definition of Personal Information in this DPA is inconsistent with a definition of Personal Data, Personal Information, or similar concept under an Applicable Law, then the definition of such concept under the Applicable Law shall prevail solely to the extent of the inconsistency.
j. “Protected Data” means the Personal Information to which Client has granted Cognizant access for the performance of Cognizant’s obligations under the Agreement.
k. “Security Incident” means the unauthorized or unlawful destruction, loss, alteration, or disclosure of Protected Data caused by Cognizant’s breach of this DPA . Security Incidents will not include unsuccessful attempts to Access Protected Information or to interfere with system operations in an information system, such as “scans” or “pings” on a firewall.
l. “Security Standards” has the meaning set forth in Section 5 of this DPA.
2.2. All cap italized terms that are not expressly defined in this DPA will have the meaning given to them in the Agreement. All examples are illustrative and not the sole or exclusive examples of a particular concept.
3. General Obligations.
3.1. Compliance. Cognizant agrees that, during the period in which Cognizant has been given Access to Protected Data, it will comply with its obligations under Applicable Laws.
Cognizant will provide commercially reasonable information, assistance, and cooperation regarding the processing of Personal Information as Client may reasonably require to enable Client to comply with Applicable Laws, including (when required by Applicable Laws) assisting Client (at Client’s expense) with its security, notification, communication, recordkeeping, and reporting obligations under Applicable Laws.
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16 3.2. Purpose Limitation. Cognizant agrees that it will Access Protected Data : (i) in accordance with the lawful, written instructions of Client (provided such instructions are reasonable and provided that Client shall be responsible for any material costs incurred by Cognizant in order to comply with such documented instructions) ; (ii) for the proper management and administration of Cognizant or to carry out Cognizant’s legal responsibilities under Applicable Laws; and (iii) to fulfill its obligations under the Agreement and the relevant Statement(s) of Work.
3.3. International Transfers of Personal Information . When applicable, and where required by Applicable Laws, the Parties agree to execute appropriate data transfer agreements to ensure the lawfulness of cross-border transfers of Personal Information.
3.4. Duty of Confidentiality . Cognizant agrees that Authorized Pers ons to whom Cognizant has granted Access to Protected Information will be subject to a duty of confidentiality (whether such duty is contractual, statutory, or otherwise).
3.5. Individual Rights. Cognizant will reasonably assist the Client to fulfill or resolve an individual’s request for access to his or her Personal Information, including with respect to a request from a data subject to exercise any of his or her rights under Applicable Laws (including the rights of access, correction, blocking, objection, erasure and data portability, as applicable). If Cognizant receives such a request directly from the individual(s), Cognizant will promptly inform Client of the request.
3.6. Prohibited Personal Information. Client will not provide Cognizant wi th Access to Personal Information that contains any special categories of Personal Data or information related to criminal convictions and offenses that are not expressly disclosed in the relevant SOW(s).
4. Obligations for Special Categories of Personal Information.
4.1. European Data Protection Requirements . If Cognizant or a Cognizant Affiliate: (i) is established within the European Economic Area (“ EEA”), Switzerland, or the UK and processes Personal Data of EEA or UK data subjects on behalf of Client or a Client Affiliate as part of the Services; (ii) processes Personal Data on behalf of a Client Affiliate established in the EEA, Switzerland, or the UK as part of the Services; or (iii) processes the Personal Data of data subjects located in the EEA, Switzerland, or the UK on behalf of the Client or a Client Affiliate as part of the Services , then the Parties will enter into additional EU -specific data privacy terms with respect to the Services that involve processing of such Personal Data.
4.2. HIPAA. If and to the extent Cognizant has Access to Protected Health Information as defined at 45 C.F.R. §160.103 ( “PHI”) subject to the Health Insurance Portability and Accountability Act of 1996 ( “HIPAA”), then the Parties shall enter into a mutually agreeable Business Associate Agreement subject to the provisions of the Agreement.
5. Security Standards.
5.1. Minimum Security Standards . Cognizant agrees to implement and maintain commercially reasonable and appropriate administrative, technical, organizational, and physical controls designed to provide a level of security appropriate to the risk and to 139 of 663
17 protect the confidentiality, integrity, and availability of Protected Data ( “Security Standards”), including: (i) controls designed to secure facilities, infrastructure, data centers, servers, hard copy files, systems, equipment, applications, and devices used to Access Protected Data, including controls to monitor, prevent, detect, and respond to Security Incidents; (ii) policies and practices limiting Access to Protected Data only to Authorized Persons; and (iii) procedures to regularly assess and evaluate the effectiveness of the Security Standards.
5.2. Training. Cognizant will provide privacy and security training for all Authorized Persons who Access Protected Data.
5.3. Client Responsibility for Employee Personal Data. To the extent that Client has Access to Employee Personal Data, Client shall implement and maintain, in compliance with Applicable laws, a data privacy and security program to protect Employee Personal Data to a standard materially the same as those required of Cognizant hereunder. Client shall collect only the minimum necessary amount of Employee Personal Data to comply with Client’s obligations under Applicable Laws.
6. Return and Disposal of Protected Data. Upon the earlier of Client’s written request or termination or expiration of the Agreement, Cognizant will securely destroy or, at Client’s expense, return the Protected Data in accordance with Client’s reasonable written instructions. Cognizant agrees to return or destroy Protected Data within ninety (90) days of receipt of Client’s written request or expiration or termination of the Agreement, as applicable; provided, however, that Cognizant may retain copies of Protected Information that Cognizant is legally required to retain, subject to a continued obligation to hold the same in confidence in accordance with this Agreement.
7. Security Incident Response.
7.1. Security Incident Response Program. Cognizant will maintain an incident response program in compliance with Applicable Laws to respond to Security Incidents.
7.2. Notice, Investigation, and Remediation. In the event of a Security Incident, Cognizant will notify Client without undue delay (and in no event more than seventy-two (72) hours after confirmation of the Security Incident). This notification will include, to the extent know at the time notice is sent: (i) a description of the Security Incident; (ii) the categories and types of Protected Data affected; and (iii) if applicable, the categories and number of data subjects and individual records affected. Additionally, Cognizant will promptly investigate and remedy the Security Incident, take commercially reasonable steps to mitigate the effect s of the Security Incident and to prevent further Security Incidents, and take other actions required of it by Applicable Laws.
7.3. No Unauthorized Statements . Except as required by Applicable Laws, neither Party will make public statements concerning a Security Incident that references or identifies either Party, unless both Parties have provided express written consent for any such statement prior to its release.
8. Change in Law. If an Applicable Law becomes effective after the execution of this DPA and is inconsistent with the terms of this DPA or otherwise requires the Parties to amend this DPA or change the Services, the Parties agree to enter into good faith negotiations to m ake 140 of 663
18 required changes to the Security Standards, the Serv ices, and/or to amend this DPA or the Agreement.
9. Survival. Cognizant’s obligations under this DPA will survive termination or expiration of the Agreement and/or completion of the Services solely to the extent Cognizant is required to Access Protected Data.
IN WITNESS WHEREOF, Cognizant and Client have caused this DPA to be signed and delivered by their duly authorized officers, all as of the date first herein above written.
COGNIZANT WORLDWIDE LIMITED
Signature:
Print Name:
Title:
CITY OF SAN MATEO
Signature:
Print Name:
Title: ______________________________
lee saber (Feb 3, 2022 19:40 MST)
lee saber
Legal Counsel
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This agreement is proprietary and confidential to Collaborative Solutions, LLC. 1 Statement of Work
Workday Deployment Services
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City of San Mateo and Collaborative Solutions, LLC Statement of Work February 21, 2022
This agreement is proprietary and confidential to Collaborative Solutions, LLC. 2
STATEMENT OF WORK
FOR
WORKDAY DEPLOYMENT SERVICES
This Statement of Work (“SOW”) is made effective on the 21st day of February 2022 (the “SOW Effective Date”) by and between City of San Mateo (“Client”), having its principal place of business at 330 West 20th Avenue San Mateo, CA 94403 and Collaborative Solutions, LLC, a limited liability company (“CSLLC”), an Affiliate of Cognizant Worldwide Limited (“Cognizant”), having its principal place of business at 11190 Sunrise Valley Drive, Suite 110, Reston, VA 20191 for Services scheduled to begin on February 28, 2022 (“Start Date”) and expected to end on July 14, 2023.
This SOW, together with the Agreement, sets out the terms pursuant to which CSLLC will provide certain Services, as further described below. This SOW is being entered into in connection with and subject to the terms and conditions contained in the Master Services Agreement by and between Cognizant and Client dated as of February 1, 2022 (the “Agreement”). All capitalized terms used herein that are not otherwise defined shall have the same meaning as ascribed to such terms in the Agreement.
1.0 Scope of Work (“Scope”)
The Scope set out below describes the limits of the implementation in terms of organization, functionality, data conversion, integrations, reports, change management, and knowledge transfer which will be a part of the project.
1.1 Organization Scope
1.1.1 In Scope Person Population
Countries Region Active
Employees
Contingent
Workers
Terminated
Workers
Retirees Former
Workers
United States of
America
North
America
Six hundred
fifty (650)
Zero (0) Active in
current year
Zero (0) Zero (0)
1.1.2 Language: English. All communication, documentation, materials, data and deliverables will be in English.
1.1.3 Currency: United States Dollars (USD).
1.1.4 Security: Single Sign On (SSO) and activation of Workday Factory delivered security groups.
1.2 Functionality Scope
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City of San Mateo and Collaborative Solutions, LLC Statement of Work February 21, 2022
This agreement is proprietary and confidential to Collaborative Solutions, LLC. 3
The following Functional Areas will be configured within the Workday application. Client understands this project is being deployed using Cynergy Balance deployment approach.
Cynergy Balance is a prescriptive approach aligning to CSLLC best practices.
Functional Area/Workstreams Location Scope Phase(s)
FINANCIALS
Financial Accounting United States of America Phase One (1) Banking and Settlement United States of America Phase One (1) Revenue Management (Customer Accounts) United States of America Phase One (1) Supplier Accounts United States of America Phase One (1) Procurement United States of America Phase One (1)
Business Assets United States of America Phase One (1)
Expenses United States of America Phase One (1)
Budgets United States of America Phase One (1)
Projects United States of America Phase One (1)
Grants Management United States of America Phase One (1) Limited HCM – to support a limited license for the
Financials deployment
United States of America Phase One (1)
HUMAN CAPITAL MANAGEMENT (HCM)
HCM United States of America Phase Two (2)
Core Compensation United States of America Phase Two (2) Benefits United States of America Phase Two (2)
Talent & Performance Management United States of America Phase Two (2) Recruiting United States of America Phase Two (2)
Learning Management United States of America Phase Two (2) Absence Management United States of America Phase Two (2) Time Tracking United States of America Phase Two (2)
Payroll United States of America Phase Two (2)
Planning United States of America Phase Two (2)
CROSS-FUNCTIONAL
Mobile Solutions United States of America All
Employee Self-Service United States of America All
Manager Self-Service United States of America All
Configuration of the Functional Areas above will be limited to the functionality Scope contained in Appendix D of this SOW.
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City of San Mateo and Collaborative Solutions, LLC Statement of Work February 21, 2022
This agreement is proprietary and confidential to Collaborative Solutions, LLC. 4
1.3 Data Conversion Scope
CSLLC will leverage CSLLC’s Cynergy Balance approach methodology and process to support Client’s data conversion where applicable for the duration of the engagement.
Phase One (1) - Three (3) Data Load cycles are included in the Scope of this SOW. Data from Client's current production system(s) will be converted into Workday during each of the conversion cycles without data masking. Data scrambling or masking is not included in the Scope of this SOW. The data load cycles for this SOW include:
• Foundation tenant
• End-to-End Testing tenant
• Gold/Pre-Production tenant in preparation for move-to-production
Phase Two (2) – Four (4) data load cycles are included in the Scope of this SOW. Data from Client's copy of current production systems will be converted into Workday during each of the conversion cycles without data scrambling or masking. Data scrambling or masking is not included in the Scope of this SOW. The data load cycles for this SOW include:
• Configuration tenant
• End-to-End tenant
• Parallel Tenant used for payroll parallel testing
• Sandbox tenant in preparation for move-to-production
The Data Conversion Scope is further detailed in Appendix E.
1.4 Interfaces/Integrations Scope
The integrations listed in Appendix B are included in the Scope of the project. Integrations that are critical for go-live have been assigned to CSLLC. Below is a summary of the integration counts.
Integrations Owner Cloud
Connect
Enterprise Interface
Builder/Document
Transformation Service
Workday
Studio
Other
CSLLC Nineteen (19) One (1) Nine (9) Two (2)
Client Zero (0) Six (6) Zero (0) Zero (0)
1.5 Report Scope
All Workday delivered standard reports associated with the Scope listed in Section 1.2 are included in the Scope of the project. If CSLLC has included assistance for additional custom 145 of 663
City of San Mateo and Collaborative Solutions, LLC Statement of Work February 21, 2022
This agreement is proprietary and confidential to Collaborative Solutions, LLC. 5
reporting support and training as part of CSLLC's estimate, it will be identified in the pricing section of this SOW.
Any specific custom reports listed in Appendix B are included in the Scope of the project.
1.6 End User Organizational Change & Training (OC&T) Scope As they relate to the applications, areas, and events specified in Sections 1.1 and 1.2 above, CSLLC will complete OC&T Services. Specific Services and tasks to be performed by CSLLC and the Client are detailed in Section 2.0 below. All OC&T activities, communication, materials, and deliverables will be conducted and/or produced in English.
2.0 Services and Responsibilities
This section identifies the Services to be performed by CSLLC and the Client.
Stage CSLLC Services Client Responsibilities
Plan • Assemble the CSLLC project team
• Review Cynergy Government Approach,
Scope, and integration discovery
document with Client
• Conduct project governance workshop
and develop decision authority document
to direct project charter and meeting
cadences
• Establish a regular cadence of status
report and governance meetings
including a monthly steering committee
meeting
• Jointly schedule planning sessions
• Send strategy map pre-workshop
questionnaire to Client
• Conduct strategy map workshop
• Create the integration tracker
(dashboard)
• Conduct project planning sessions
• Create the Project Plan
• Create the Project Charter in Phase One
(1)
• Support preparation for the project
kickoff meeting
• Conduct data and reporting readiness
workshops
• Provide data conversion and
configuration workbooks
• Identify and provide project team and
project Subject Matter Experts (SMEs)
• Identify stakeholders, sponsors, and
system administrators
• Participate and provide input to project
governance and strategy map workshops
• Establish and attend monthly Steering
Committee meetings including CSLLC
Engagement Manager (CSLLC EM)
• Jointly schedule and participate in
planning sessions
• Provide input into the Project Plan
• Provide input into the Project Charter in
Phase One (1)
• Participate and provide input into data,
reporting, and integration readiness
workshops
• Participate in integration planning
session
• Prepare for project kickoff meeting
• Provide plan and policy documents
• Provide integration requirements and
existing sample files
• Notify third-party vendors for
integrations and obtain agreement to
project timelines
• Provide third-party vendors contact
information
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Stage CSLLC Services Client Responsibilities
• Assist with questions regarding mapping
of data to Workday data model
• Conduct Foundation Data Model (FDM)
Alignment sessions in Phase One (1)
• Jointly schedule alignment workshops
• Conduct executive readout session for
plan stage deliverables
• Jointly create the executive presentation
for project kickoff meeting
• If CSLLC is able to travel in accordance
with its internal policies and procedures,
and if mutually agreed upon by both
parties, CSLLC will provide a team onsite
for preparation
• Build Foundation Tenant in Phase One (1)
or Copy Production Tenant into
Implementation Tenant in preparation
for Configuration Build in Phase Two (2)
• Work with Client to set up CSLLC’s SFTP
site for sharing confidential/private
employee data
• Load Client data for Foundation (Phase
1)/Configuration (Phase 2) tenant
• Provide feedback regarding potential
data issues and exceptions from the
Foundation/Configuration build
• Schedule and conduct Project Initiation
Checkpoint Workday Delivery Assurance
review
• Provide stage sign-off document
• Develop data conversion strategy and
test strategy plan
• Participate and provide input to OC&T
strategy workshop
• Complete data gathering and
configuration workbooks and submit to
CSLLC’s Secure File Transfer Protocol
(SFTP) site
• Review and approve project governance,
strategy map, readiness workshop output
and change strategy (plan stage
deliverables)
• Participate in executive readout of plan
stage deliverables
• Jointly identify initial risks and
recommendations to reduce risk
• Initiate process of receiving requirements
to third-party vendors
• Receive integration requirements from
third-party vendors
• Confirm Client Support Contact
• Develop training plan for project
resources
• Identify key resources to complete
Workday training
• Complete Workday training including
workbook, integration and functional
training
• Jointly create the executive presentation
for project kickoff meeting
• Provide plan and policy documents
• Work with CSLLC to set up CSLLC’s SFTP
site for sharing confidential/private
employee data
• Provide implementation tenant for
exclusive use on this project
• Jointly schedule alignment workshops
(SMEs planning for design)
• Sign off on stage
Architect • Participate and support the project
kickoff meeting
• Manage the Project Plan
• Participate in weekly one (1) hour
project management meetings
• Lead project kick off meeting
• Provide input to the project plan
• Participate in weekly project and
workstream meetings
• Co-Lead steering committee meetings
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Stage CSLLC Services Client Responsibilities
• Provide weekly status report
• Co-lead monthly Steering Committee
status meetings
• Conduct weekly one (1) hour
workstream meetings as needed
• Develop initial change impact
document based on Plan readiness
sessions then transition change impact
document to Client to own and
maintain change impacts in alignment
with Workday Customer Confirmation
Sessions (CCS)
• Conduct Alignment Workshops
(limited to a single session in one (1-3)
location for each functional area)
• Deliver the CSLLC assigned integration
design documents
• Deliver final CSLLC maintained
Configuration workbooks to Client at
the end of this stage
• Add configuration approved from
alignment workshops to complete the
Foundation (Phase
1)/Configuration/Phase 2 tenant
• Load incremental data into the
Configuration/Foundation tenant
• Provide exception reports/issues log
from Configuration/Foundation tenant
incremental data load
• Provide validation reports for the
Configuration/Foundation tenant
• Conduct production governance and
support model workshop and
develop/deliver production
governance model
• Finalize Tenant Management Plan
• Schedule and conduct Workday
Delivery Assurance reviews
• Provide baseline end-to-end
templated scenarios to Client for
review and use determination.
• Provide stage sign-off document
• Provide project SMEs for Alignment
workshops
• Assist in clarifying configuration
requirements
• Review and approve initial change impact
document then own and maintain for
duration of project
• Participate in alignment workshops
• Conduct integrations Architect workshop
(design sessions) for Client assigned
integrations
• Deliver Client assigned integration design
documents
• Review and sign off integration design
documents (after detailed design review
sessions)
• Validation of Foundation/Configuration
tenant build utilizing exception/issue logs
provided
• Reviewing existing reports and
confirming which Workday report will
meet these needs and identifying any
necessary custom reports as part of the
Architect stage
• Define and document test plan and test
scenarios (end-to-end, user acceptance
and regression)
• Participate and provide input into
production governance support model
workshop
• Sign off on stage
Configure & Prototype • Manage the Project Plan, participate in weekly project meetings
• Conduct weekly workstream meetings as
needed
• Provide input to the project plan and
participate in weekly project meetings
• Participate in weekly workstream
meetings
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Stage CSLLC Services Client Responsibilities
• Provide weekly status report
• Provide input to Steering Committee
Presentation and co-lead monthly
Steering Committee status meeting
• Jointly conduct one (1) CCS for each
workstream in Scope. Workstreams listed
above in section 1.2
• Update configuration based on
requirements gathered during CCS
Workshops
• Develop CSLLC assigned integrations
• Begin functional knowledge transfer
process during configuration unit testing
• Provide Sample Unit test scripts
• Conduct unit testing of integrations
developed by CSLLC
• Create Integrations operations
instructions guides for CSLLC assigned
integrations
• Assist with questions regarding mapping
of data to Workday data model
• Build of end-to-end tenant
• Provide exception reports/issues log from
end-to-end tenant build
• Provide validation reports and support
validation efforts of end-to-end tenant
• Advise on test scenarios
• Design and develop any custom reports
which are in Scope
• Conduct smoke test for functional
configuration of end-to-end tenant
• Schedule and conduct Workday Delivery
Assurance reviews
• Provide stage sign-off document
• Co-Lead steering committee meetings
• Jointly conduct CCS
• Conduct functional unit testing of system
• Build Client assigned integrations
• Conduct unit testing of integrations
developed by Client
• Participate in functional knowledge
transfer
• Create integration operations guides for
all Client assigned integrations
• Develop and implement test
management processes and tools,
including defect management, status
tracking/reporting and daily test status
meetings
• Develop comprehensive cross-functional
end-to-end scenarios based on unit tests
and end-to-end templated scenarios
provided
• Finalize test scenario assignments and
detailed daily test plan
• Ensure integration test scenarios are
included in the End-to-End test plan
based on integration batch timelines
• Sign off on configuration as a result of
CCS
• Provide required data for end-to-end
tenant and submit to CSLLC’s SFTP site
• Update data gathering workbooks for
end-to-end tenant
• Validation of end-to-end tenant build
• Review and resolve issues from exception
reports
• Sign off on stage
Test • Align post-production governance model
to OC&T sustainment plan workshop to
prepare for post go-live support
• Conduct User Experience Design
workshop to prepare Client for testing
training material
• Manage the project plan and participate
in weekly project meetings
• Provide weekly status report
• Participate and provide input into
sustainment plan workshop
• Participate and provide input to User
Experience Design workshop and own
execution of User Experience session(s)
• Finalize Test scenarios, test schedule, and
Tester assignments
• Provide input to the project plan and
participate in weekly project meetings
• Co-lead steering committee meetings
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Stage CSLLC Services Client Responsibilities
• Provide input to Steering Committee
Presentation and co-lead monthly
Steering Committee status meeting
• Participate in test kickoff session
• Create integrations schedule recurrence
tracker
• Support Client led one (1) hour
navigation review per workstream, at
start of test cycle
• Support integration defect resolution for
CSLLC assigned integrations
• Provide knowledge transfer, operations
guides, and validated & tested
integration systems for Client testing of
CSLLC built integrations
• Participate in one (1) daily stand-up
meeting with attendees focused on
workstreams with open issues and/or as
determined by the CSLLC EM
• Conduct up to three (3), one (1) hour
knowledge transfer meetings, per
workstream
• Support Client led end-to-end issue
resolution per approved project plan
• Provide testing oversight and support
• Review overall Test Plan with Client Test
Lead.
• Provide sample deployment cutover plan
• Provide knowledge transfer workbook for
sign off
• Schedule and conduct Workday Delivery
Assurance reviews
• Provide Workday Go-Live checklist
• Provide stage sign-off document
• Build Parallel Tenant in Phase Two (2)
• Provide exception reports/issues log from
parallel tenant build
• Deliver validation reports and support
validation efforts of parallel tenant
• Provide parallel variance reports and
support variance analysis
• Co-Lead test kickoff session
• Execute all test scenarios as per defined
test plan (End-to-End, User Acceptance)
• Manage and sign off on all test results
(end-to-end, user acceptance and
regression)
• Perform issue resolution of end-to-end
with CSLLC oversight in accordance with
project plan
• Prepare for user acceptance testing
• Review and resolve issues from exception
reports
• Provide cutover schedule for legacy
systems
• Update design documentation (as
required by internal Audit team)
• Provide functioning Client assigned
Integrations per the test plan
• Develop deployment cutover plan
• Train end users
• Complete and sign the Workday go-live
checklist
• Provide person data for parallel tenant
and submit to CSLLC’s SFTP site
• Validation of parallel tenant build
• Review and resolve issues from exception
reports
• Complete catch-up data transaction entry
for each parallel cycle as defined by
Parallel Testing Strategy
• Execution of parallel per Client defined
Parallel Testing Strategy and success
criteria
• Review parallel variance reports and
conduct root cause analysis
• Responsible for providing any executive
summaries for parallel reporting to the
project leadership team based on
received parallel variance reports
• Sign off on stage
Deploy • Manage the project plan and participate
in weekly project meetings
• Provide input to the project plan and
participate in weekly project meetings
• Co-lead steering committee meetings
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Stage CSLLC Services Client Responsibilities
• Provide status report and co-lead
monthly Steering Committee status
meetings
• Provide the Workday Go-Live
Authorization
• Schedule and conduct final Workday
Delivery Assurance reviews
• Update integration schedule and
recurrences tracker
• Build Gold/pre-production tenant in
Phase One (1)
• Build of Sandbox Tenant and Migration to
Production Tenant in Phase Two (2)
• Provide exception reports/issues log from
Gold/Pre-production Phase One (1) or
Sandbox/Production in Phase Two (2)
tenant build
• Provide validation reports and support
validation efforts of Gold/Pre-production
Phase One (1) or Sandbox/Production in
Phase Two (2) tenant
• Verify migration of CSLLC assigned
integrations
• Schedule integrations according to the
integrations schedule recurrence tracker
• Schedule the transition to production
support meeting with Client (held after
move-to-production)
• Jointly complete the Workday go-live
announcement
• Provide stage sign-off document
• Complete Continuous Value Services
(CVS) Client Support Workbook
• Manage and execute on cutover plan
• Provide required data for Gold/Pre-
production Phase One (1) or
Sandbox/Production in Phase Two (2)
tenant and submit to CSLLC’s SFTP site
• Update data gathering workbooks for
Gold/Pre-production Phase One (1) or
Sandbox/Production in Phase Two (2)
tenant
• Validation of Gold/Pre-production Phase
One (1) or Sandbox/Production in Phase
Two (2) tenant build
• Provide required sign off for Sandbox
configuration migration to Production
• Review and resolve issues from exception
reports
• Verify migration of Client assigned
integrations
• Jointly complete the Workday go-live
announcement
• Approve and sign off on the Workday go-
live Authorization
• Create and distribute the Workday go-
live announcement
• Complete catch-up data transaction entry
• Sign off on stage Post-Production
Support
• Provide standby support after the move-
to-production as defined by the number
of weeks in the timeline outlined in
Section 3.3
• Conduct knowledge transfer sessions for
CSLLC developed integrations if required
• Provide stage sign-off document
• Implement post go-live governance
support model including staffing and
managing help desk
• Complete catch-up data transaction entry
• Make any updates to production,
including final load of transactional
conversion data
• Sign off on stage
OC&T Services
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CSLLC Services Client Responsibilities
Organizational
Change
• Facilitate weekly workstream meeting to provide
advisement on the change management and training
topics defined in this SOW; advisory hours in total
not to exceed eighty (80) hours of effort
• Advise on the development of the OC&T project
timeline
• Advise on stakeholder identification
• Advise on the use of the Change Impact Analysis
template to capture change impacts
• Advise on the development of the End-User
Communications Plan
• Advise on the development of the Change Champion
Network Plan
• Advise on change sustainment considerations
• Advise on end-user adoption measurement activities
• Provide organizational change counterpart to
regularly interface with CSLLC’s OC&T team
• Develop OC&T project timeline
• Provide weekly workstream status updates to
project management
• Identify stakeholders, sponsors, and change
champions
• Establish and execute project branding
• Provide OC&T resources to attend and engage in
functional architect workshops
• Provide OC&T resources to attend and engage in
functional CCS
• Develop and maintain Change Impact Analysis
• Conduct stakeholder and readiness assessments
• Develop and maintain the End-User
Communications Plan
• Plan, implement, and manage the change
champion network
• Develop and deliver all end-user communications
• Implement and manage change sustainment for
strategy/plan
• Measure and report on end-user adoption
End User
Training
• Advise on end-user training best practices
• Advise on the Training Curriculum Plan
• Advise on training evaluation methods
• Advise on training reinforcement activities to
increase adoption
• Provide end-user training counterpart to regularly
interface with CSLLC’s OC&T team
• Develop end-user training strategy
• Develop the Training Needs Assessment
• Develop and maintain the Training Curriculum
Plan
• Develop training materials as defined in the
Training Curriculum Plan
• Develop all in-system guidance
• Coordinate and facilitate training activities as
defined in the Training Curriculum Plan
• Provide SMEs and/or training leads to participate
in all trainings as defined in the Training
Curriculum Plan
• Register training participants and track training
completion
• Provide necessary translations
• Assess training effectiveness
• Coordinate training remediation
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3.0 Project Approach
3.1 Methodology
The implementation will be completed by following the Cynergy Balance deployment approach which consists of the following stages: Plan, Architect, Configure & Prototype, Test, Deploy and Post-Production. In parallel to the Architect/Configure and Prototype stages, the project team will also conduct Integration Design and Integration Development (in the same tenant.) The specific content of the deliverables and duration to complete these deliverables are discussed in the Project Plan, Project Charter, and Project Schedule which are to be developed jointly by the CSLLC EM and the Client Project Manager.
3.2 Governance
Project Management
In the Plan stage of the project, the CSLLC EM will work with the Client Project Manager to develop a detailed Project Plan to be used to maintain project tasks and timelines. A Project Charter will be created to guide the team in maintaining Scope and project objectives. The Project Charter will also define the path of issue escalation.
Finalization of the Scope, as determined during the Planning and Architect stages, may require the project team to revise the estimates and resource requirements for the Configure and Prototype and Test stages of the project.
Change Control Process
Any additional or modified Scope of Services shall be documented in a separate written and fully executed Project Change Order Form (“Change Order”) using the template set forth in Appendix C. Such form shall include the written approval of an authorized representative of Client before CSLLC will begin any additional work or incur any charges or fees outside the Scope of this SOW.
Client and CSLLC agree to the following Change Control Process when a Change Request is issued:
• Step 1: CSLLC will prepare a description of the necessary change including Scope, process, cost, impact to timeline, impact to resources along with a list of alternative solutions.
• Step 2: The Client Project Manager will review and approve or reject within his or her authority or escalate to the Executive Sponsor for review and approval or rejection. • Step 3: Client will review and approve or deny additional information for all Change Requests within three (3) business days so as not to cause any unnecessary delay in the project timeline.
• Step 4: Any approved change request will be documented and become an addendum to this SOW.
Status Reporting
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These will include, but are not limited to, a monthly Steering Committee meeting, a weekly Project Core Team Status meeting, weekly workstream meeting, a weekly Project Management meeting, and additional meetings, as needed. The CSLLC EM will report out at the Steering Committee and Team Status meetings on the status, activities, issues and other relevant project information.
The monthly Steering Committee meeting will include a review of the project timeline and status, accomplishments to date, upcoming project activities and milestones, review of issues and risks requiring action from the Steering Committee members, potential changes to Scope and a review of the financials of the project. The Steering Committee will include a readout by the CSLLC EM on the state of the project; participation may be in person or remote.
A weekly Status Meeting will be held with the core team and the Client Project Manager to assess recent accomplishments, issues, risk factors and to ensure that the work planned for the next two (2) weeks is properly resourced. Risk factors and roadblocks will be assessed and either resolved or escalated. In addition to these meetings, meetings with functional teams will be scheduled to review and resolve any open issues.
All meeting agendas, status reports, steering committee presentations, issues log, project plan and the project charter will be stored on the Project Collaboration Site as referenced in Section
4.0 Assumptions & Dependencies.
Knowledge Transfer
Over the course of the project, CSLLC will conduct functional and technical knowledge transfer through Alignment Sessions, CCS, weekly workstream meetings and during the Test stage.
Additional knowledge transfer will occur during the Post-Production stage as needed. To formalize knowledge transfer, CSLLC will complete and require sign off by the Client of the Knowledge Transfer workbook. CSLLC and Client will utilize the Knowledge Transfer workbook to track progress and topics during each stage. Client will have access to the Knowledge Depot to review available video content for the functionality
which is in Scope. Video content only will
reside within the provided SharePoint folder(s) and Client acknowledges that such video content will not be downloaded locally. Client will have access to the Knowledge Depot during the Term of this SOW. If Client requires additional knowledge transfer, this may result in a Change Order.
Process documentation (e.g., operational guides and process flow diagrams) is not in Scope for knowledge transfer, with the exception of the Integrations Operations Guide for CSLLC owned integrations. Knowledge transfer activities may involve formal scheduled meetings and ad-hoc sessions during workstream calls or other meetings.
3.3 Projected Schedule
The time required to complete all deliverables is based on the contents of the Scope section of this SOW. Based on a projected Start Date of February 21, 2022, the estimated duration and estimated start dates of each Project Stage are listed below, pending timely execution of this SOW, and availability of resources and training. The Client Payroll schedule may require an adjustment on the estimated start date for the Deploy and Post Go-Live stages.
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(report writing, calculated fields, and integration-related classes) prior to the start of the Architect stage. If training is not attended, this could result in a significant impact to the time and cost of the project.
The project will be completed in two (2) phases – as presented below. The timeline for the project is as follows:
Phase One (1) Financials
Phase Two (2) HCM
Notes:
• Integrations will be developed based on a timeline dependent on the batches defined in the integrations planning sessions and third-party vendor availability. • Any Functional Architect resources are assumed to be heavier in the Architect and Configure & Prototype stages and will reduce to high level oversight following the Configure & Prototype stage.
3.4 Resources
Client Estimated Level of Effort
Client resource estimates are provided as “best estimates.” These estimates are provided to assist Client with resource planning. The Client level of effort estimated by phase and stage is as follows:
Phase One (1) Financials
Plan Architect
Configure &
Prototype Test
Payroll
Parallel Deploy
Post
Production Total Weeks
Weeks 4 9 9 9 5 4 4 44
Start 9/12/2022 10/10/2022 12/12/2022 2/13/2023 4/17/2023 5/22/2023 6/19/2023 Finish 10/7/2022 12/9/2022 2/10/2023 4/14/2023 5/19/2023 6/16/2023 7/14/2023 Project Timeline
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Phase Two (2) HCM
For a definition of Client roles and responsibilities assigned to the project, see Appendix A. • Resource estimates in the table shown above are for the core project team and are representative estimates based on the experience of other CSLLC customers with projects of a similar Scope. Please note, a single role in the table above may be fulfilled by multiple resources (example: two (2) resources sharing the Payroll work) or conversely, multiple roles may also be fulfilled by a single resource (example: one (1) resource responsible for both Time Tracking and Absence Management).
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• Beyond the hours shown in the table above for the core team, participation will be needed from various other SMEs as required. Examples include but are not limited to, extended team input into alignment workshop decisions, other internal departments (e.g., Finance) identifying test scenarios, additional resources assisting with testing execution (e.g., user acceptance testing), and Legal/Internal Audit providing oversight/input regarding controls. • All hours for the Reporting role are not shown in the table. The estimate reflects a bucket of hours scoping approach. Custom reporting requirements will be defined during the project.
It is assumed Client is responsible for custom reporting beyond what is specified as CSLLC responsibility in Appendix B.
4.0 Assumptions & Dependencies
The Services, Labor Estimates, and Project Pricing presented in this SOW are dependent on the following assumptions being true:
Client will:
a. Timely complete each item listed as a Client Responsibility in Section 2.0. b. Have the necessary project and executive management support to review and make timely decisions as well as coordinate the activities of this project with other Client projects which may be occurring simultaneously.
c. Have the necessary resources available in each stage, according to how they are identified in the staffing and project plans. Resources will be empowered and capable of making decisions on behalf of the Client. Resources will include, but are not to be limited to, functional and technical leads, and applicable business process and SMEs. If resource and/or priority conflicts occur, they will be discussed and resolved with the project Steering Committee. d. CSLLC resource availability and overall staffing approach are determined by the jointly created project plan.
e. Provide the necessary hardware for the deployment, including all required technology needs and connectivity including a desk, internet connection, and network access to all relevant Client applications. The CSLLC consultants will have access to office space as well as the hardware and software including security rights and passwords where required in order to complete the deployment.
f. CSLLC resources will provide their own laptops. If Client owned laptops or virtual machines are required to be used, this may result in an increased level of effort. g. Be responsible for workstation compliance to Workday’s minimum requirements. Client has determined their technical needs will be met, and internal systems and policies, as well as third- party vendors, are compatible with Workday. Any technical issues which may arise during implementation are to be resolved by Client.
h. Lead the coordination with any Client’s third-party vendor involvement required to complete the Services. Client understands that some of their third-party vendors may charge fees for the completion of Services and such fees are the sole responsibility of Client. Client understands that third-party vendors could impact project timelines.
i. Unless otherwise agreed by CSLLC’s internal security organization, the Client shall use CSLLC’s SFTP site for the secure exchange of sensitive employee data with the CSLLC support personnel. Client will agree to limit use for data conversion or production support purposes only for the duration of the activities required. CSLLC will inactivate the SFTP site within thirty (30) days after the support 157 of 663
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activities are completed. Client will be required to download WinSCP for the Client users responsible for providing CSLLC with sensitive data. Client will not use CSLLC’s site for the transmission of any integration files for third-party vendors. CSLLC is not responsible for back up, archiving, or maintenance of files stored on the SFTP server. In the event CSLLC utilizes its internal “Daytona” tool for data conversion (“Daytona”), Daytona and all of its components must be installed on the CSLLC secure cloud server and utilized solely within CSLLC’s SFTP site. Further, Daytona IP addresses must be added to the tenant whitelist. Daytona uses its own implementer account that must be excluded from multi-factor authentication.
j. Use CSLLC provided central repository solution for non-sensitive project document sharing and CSLLC’s SFTP site for the secure exchange of sensitive Client employee data with the CSLLC project team.
k. Be responsible for any job catalog and/or compensation restructuring efforts, with initial draft of restructure completed by the start of project. If support is needed from the CSLLC project team and/or these milestones are not met, this may result in an increased timeline and level of effort. l. Seek to minimize the amount of plan and/or Client changes during the course of the project, with any changes finalized by the end of the Architect stage. If this milestone is not met, this may result in an increased level of effort and potentially impact timeline. m. Perform all of the Client responsibilities in the stages identified, and per the project plan including but not limited to sign off at the completion of each stage, provision of data files, provision of test scenarios, execution of test scenarios and integration testing. n. Be solely responsible for testing and any move-to-production activities, when production is live, which shall include configuration, business processes, data, reports and integrations. Client will provide written acceptance of test results to CSLLC prior to any move-to-production. Client will provide written approval if it requires CSLLC’s assistance during Client’s move-to-production activities. If CSLLC agrees in writing to access Client’s production tenant for move-to-production activities, Client shall verify production results and is solely responsible for production accuracy.
Client shall provide written acceptance to CSLLC after such move-to-production activities. o. Adhere to the outlined meeting schedules defined in the Section 2.0 Services and Responsibilities table; any variation attributed to the Client could result in an impact to cost and timeline. p. Coordinate participation from key stakeholders and project team to attend a single CSLLC led Alignment Session and CCS per functional area. If additional workshops or sessions are needed, the Client Project Manager will work with the CSLLC EM to determine impact to project and timeline. q. Use CSLLC tools and templates. If the Client requires CSLLC to utilize Client specific/owned tools and templates, the Client Project Manager will work with the CSLLC EM to determine impact to project. r. Gathering of payroll requirements and testing occurs out of a centralized office for all locations included in the payroll Scope.
s. Tax filing will be handled by a third-party vendor. Workday does not currently support tax filing as part of the core Workday payroll module and only provides basic tax balancing reports as part of the delivered payroll module.
t. If 1099 tax elections and payroll processing are required, those will be handled by a third-party vendor. Workday does not currently support 1099 tax elections or processing as part of the core Workday payroll module.
u. Payroll commitments, payroll obligations, encumbrance accounting, and position budgets are not included in the Scope of this SOW.
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configuration. Updates made to the “Parent” source tenant after the initial extraction will not be kept in sync with the implementation tenant(s), and any resulting impacts are assumed to be Client owned post go-live. It will be the Client’s responsibility to regression test any configuration not specifically listed in the Scope of this SOW
w. For Phase Two (2), Client will be responsible for ensuring production tenant updates are reflected in the implementation tenant used for this project starting with the Parallel Tenant build, specifically for items which may impact the Scope of the project. CSLLC will not be responsible for any issues during migration directly related to mismatched configuration between the production and implementation tenants.
x. Knowledge Transfer will be delivered to a Client key resource and Client is responsible for training of the Client’s payroll associates.
y. Client is responsible for payroll compliance review(s) with internal and/or external counsel and/or auditors.
Integration Assumptions
a. Integration estimates will be reviewed at the completion of the Architect stage as well as during the Configure stage of the project. Adjustments may be required after further analysis and any possible changes to Scope. If a configured integrations template does not satisfy Client’s unique requirements, a custom integration will be a viable solution and can be built at an additional cost. b. Client integration functional owners are available for integration discovery and design sessions throughout the Plan and Architect stages.
c. Integration sign off will be submitted to Client. Coordination of sign off by the Client is a responsibility of the Client.
d. Client integration resources are Workday trained before they are assigned integration development access in IMPL tenants.
e. Client design meetings do not exceed ten percent (10%) of the overall estimated integration effort. f. CSLLC Integration team assistance in Client built integrations will not exceed ten percent (10%) of the overall estimated integration effort.
g. No integrations that are required for go-live are assigned to Client. h. Inbound integrations are scoped using Workday standard fields. If Workday custom objects are needed to store data, the integration effort will need to be revised. i. Workday required performance testing is not in Scope. j. Requirements and specifications for all in Scope Integrations will be available at the start of Plan Phase.
k. Integrations (both CSLLC and Client owned) may be separated into batches depending on priority, critical and project timeline impacts; timelines could be adjusted due to delays in requirements or Client accessibility. Batches will have varying timelines to accommodate prioritization and Architect workshop schedules to reduce rework. Wherever possible, integrations which directly impact payroll results should be given priority in order to ensure applicable integrations are ready prior to the start of parallel testing.
l. Integrations dependent upon FDM may follow separate milestones and testing cycles.
Authentication Assumptions
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a. CSLLC will advise Client of the Workday options for a single sign on solution and will perform the applicable authentication setup within the Workday tenant. b. Multi-Factor Authentication (MFA) is managed by Client and if Workday MFA setup is required this will result in an increased level of effort.
c. Client is responsible for all implementation work outside of the Workday tenant (e.g., Security Assertation Markup Language (SAML) setup, identity server). Client will provide the appropriate resource commitments and skill sets depending on the single sign on option selected during design.
Data Conversion Assumptions
a. Client’s project team will provide a single data file to CSLLC for each template regardless of the number of legacy systems.
b. Client is responsible for data validation and mapping requirements for all data. Client will provide all translation values and mapping to CSLLC within the design configuration workbooks. c. Client is responsible for updating, testing and maintaining delivered data extraction scripts/accelerators to accommodate Client’s specific configuration or design. d. The CSLLC consultant project team will then load the provided information directly into the Workday tenant using Workday’s web services. As data conversion is an iterative process, the Client will be responsible for all data cleanup identified during the process and is responsible for supporting multiple data extracts from the legacy systems.
e. Client will provide payroll history data files in an Excel format which is consistent with the template provided by CSLLC.
Testing Assumptions
a. Client will provide a Test Lead unless otherwise stated in Section 3.4 who is responsible for overseeing test scenario creation and consolidating scenarios to be used for End-to-End, user acceptance testing, Parallel and Regression testing, managing testers, and reporting out testing metrics.
b. Client and CSLLC will implement a Change Control Process to review and approve proposed enhancements coming out of testing to identify the priority and potential impact to timeline, resources and level of effort prior to changes being made. c. Client will finalize and sign off on end-to-end testing prior to entering parallel testing. Exceptions must be agreed upon by CSLLC if additional end-to-end testing is required prior to entering parallel testing.
d. Testing will be completed within the time specified in the timeline. e. Client will coordinate participation from project testers to be co-located together at a shared site. If additional support locations are needed for testing, the Client Project Manager will work with the CSLLC EM to determine impact to project and timeline.
f. When a Workday Update occurs, the only additional changes which will be included in the project are those which are automatically required by Workday. Any additional functionality is Out-of- Scope.
g. Two (2) parallel payroll testing cycles during the parallel stage are assumed to be in the Scope of this SOW.
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Cynergy Balance Deployment Approach Assumptions
a. CSLLC Team will utilize pre-configuration to conduct the alignment sessions in the Architect stage.
The approach for the alignment sessions will be to review pre-configuration and then align areas which are in Scope but are not part of the pre-configuration. b. Business process configuration is limited to the processes defined in Appendix D. c. The Workday pre-configured content will be leveraged as the basis for design and configuration within the Scope of this project. CSLLC will not be performing a traditional fit-gap on Client business requirements. If the pre-configured tenant is not appropriate for the Client, as determined by the Client, additional professional Services may be required. The Client is ultimately responsible for verifying that the pre-configured content is appropriate. d. Integrations to be designed to current state requirements and not reformatted during timeline unless Workday delivered templates are available for deployment. If current state is no longer supported, the effort will need to be assessed and the timeline may be impacted. e. Alignment workshops & CCS will each take place over a two (2) week period during the Architect stage and may require overlap of individual workstreams.
General Assumptions
a. Unless otherwise agreed to, support hours are assumed to be within standard business hours, defined as follows, with response time based on forecasted hours:
i. 9:00 AM Pacific Time (PT) through 5:00 PM PT.
ii. Monday through Friday.
iii. Excluding CSLLC holidays. A list of CSLLC holidays will be made available to the Client upon request.
5.0 Term and Termination
a. This SOW shall commence on the Start Date identified above and shall continue through July 14, 2023 (the “Term”), unless terminated sooner by providing CSLLC ninety (90) days’ prior written notice.
6.0 Pricing
a. CSLLC will invoice and Client shall compensate CSLLC on a Fixed Fee basis as set forth in the tables below for Services rendered. This price is inclusive of any and all associated charges and fees which CSLLC may experience during the fulfillment of this SOW with the exception of Section 7.0 Expenses.
Pricing is based on the schedule defined in the SOW; any changes to the schedule will require a modification in price. Invoices will be paid subject to the terms and conditions of the Agreement.
Total cost of the engagement is listed in the Milestones and Events tables below:
b. Payments will be made according to the following schedule:
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Phase One (1) Financials
Phase Two (2) HCM
Grand Total
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c. Workday Delivery Assurance and Workday specific training services and fees will be covered under a separate agreement between Client and Workday.
d. Invoices will be emailed to the following address(es): [email protected]. Any other mailed correspondence will be delivered as follows below:
City of San Mateo
Attn: Rich Lee, Finance Director
330 West 20th Avenue
San Mateo, CA 94403
e. Any additional Services rendered in addition to the Scope as defined in this SOW will only be performed after the Parties agree to a Change Order utilizing the rate table to build the cost as identified below:
Rate Card
Executive $400
Strategy Manager $325
Senior Functional Architect (Consulting Director) $325 Engagement Director (Portfolio Director) $325
Engagement Manager $275
Functional Architect $275
Senior Principal Consultant $275
Principal Consultant $210
Consultant $180
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Analyst $150
f. Any and all fees associated with Client’s e-invoicing, portal, or payment solution will be the responsibility of Client, without dispute. CSLLC will provide all necessary documents or invoices to confirm the fees, if such fees are incurred.
g. A purchase order will be provided after SOW execution.
Milestone/Event Definitions
Plan Stage: Delivery of Plan Artifacts: This Milestone is achieved after the following is complete:
a. Project Charter
b. Draft project schedule and plan
c. Foundation tenant build complete in Phase One (1) or Configuration tenant build complete in Phase Two (2)
Architect Stage: Sign off – This Milestone is achieved after the following is complete:
a. Configure based on Foundation Alignment Sessions
Configure Stage: Delivery of End-to-End Tenant: This Milestone is achieved after the following is complete:
a. End-to-End tenant build for use in End-to-End testing b. Functional sign off by the Client in preparation for Testing Test Stage: Completion of End to End Test: This Milestone is achieved after the following is complete:
a. Successful execution of test scenarios or timeframe for End-to-End testing has lapsed. b. Cutover-Plan Execution
Test Stage: Completion of Parallel Test: The Milestone is achieved after the following is complete:
a. Timeframe for Parallel testing has lapsed.
b. Any issues reasonably identified as preventing progress to Production have been addressed or mitigated. Start of any Services in the Deploy Stage will be deemed as completion of this Milestone.
c. Cutover-Plan Execution
Deploy Stage: Completion of Push to Production (Go Live): This Milestone is achieved after the following is complete:
a. Production Workday system is available to any Client employees.
Post-Production Support: Completion of Project: This Milestone is achieved after the following is complete:
a. Timeframe for post-production support has lapsed following the move-to-production.
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CSLLC will present the applicable Deliverables to the Client and the Client will have five (5) business days to provide a specific list of reasonable issues to be remedied. CSLLC will address issues and resubmit the deficient Deliverables. After five (5) business days, should the Client not provide a list of issues, the Deliverables will be deemed complete. Use of the Deliverables by the Client will deem the Deliverables as completed.
7.0 Expenses
It is expected Services will be provided primarily on a remote basis. If travel is required, all reasonable travel expenses incurred by CSLLC related to the performance of the Services defined herein, shall be invoiced to Client. All such travel will comply with CSLLC’s Travel and Expense Policy, which shall be made available to the Client upon request. All fees or penalties incurred due to cancellations or changes of travel at Client’s request shall be invoiced to Client.
8.0 Signatures
IN WITNESS WHEREOF, the parties have duly executed this SOW by their respective authorized representatives as of the SOW Effective Date.
Collaborative Solutions, LLC City of San Mateo
Authorized Signature Authorized Signature
Robert Maller
Name Name
President
Title Title
Date Date
Bob Maller (Feb 3, 2022 12:45 EST)
Feb 3, 2022
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Appendix A – Detail Roles Description
Client Roles
Client personnel are experts on Client business/technologies and as such will have responsibility for providing project management, non-Workday functional, technical, and culture expertise to the project.
Client project team members and cross-functionality representation are currently identified as follows:
(Note that project teams’ roles could be specific to implementation needs)
Team Member Description of Role
Steering Committee,
Senior Design Reviewers, Key
Stakeholders, Executive Sponsor
The Steering Committee provides funding and support to the project.
Responsibilities include:
• Obtaining appropriate funding and approvals
• Ensuring all appropriate resources are available for the project • Resolving issues which are impeding the progress of the project • Providing overall direction to the Client Project Manager • Sign off on key deliverables/project milestones
• Assuring project delivery and quality control
• Attending Steering Committee Meetings
Project Manager
The Client Project Manager is a dedicated resource focused specifically on the Workday implementation. While CSLLC understands there are many other activities linked to the implementation, this resource needs to be dedicated full-time to the project. Responsibilities include the following:
• Establishing and managing the project details, deliverables, schedules, tasks, assignments, and execution
• Coordinating business teams and support teams
• Driving the implementation of the optimized processes • Managing the resolution of issues
• Manage Client communications
• Anticipating and resolving issues which could impact the Project Budget, Schedule, Scope, or Quality
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Team Member Description of Role
Functional Team
(Global Process Owners, Process
Leads, and SMEs/Business
Analysts)
The Functional Team are those familiar with Client business processes and systems.
These individuals provide information to the CSLLC Functional Consultant(s) to configure the Workday solution. Responsibilities include:
• Communicate functional requirements which need to be
configured in Workday
• Describe current business processes and work with team to simplify and improve
• Provide functional requirement through completion of Configuration and Data Gathering Workbooks
• Champion adoption and use of Workday Launch delivered business processes
• Identify critical changes needed to Workday Launch delivered business processes and provide feedback to CSLLC Consultants.
• Work with CSLLC Consultants to help map and load data into Workday • Actively participate in all testing activities
• Pre-validate extracted data files prior to providing it to CSLLC; then validate data after it has been converted into Workday solution
• Contribute to identifying and executing test scenarios for functional areas • Perform end user training
• Participate in knowledge transfer
Technical Team
(Integration Lead, Integration
Engineers/Developers, and Data
Conversion Specialist)
Technical resources perform the following:
• Support the conversion and loading of data contained in existing systems • Design and develop custom integrations as outlined within the Scope section above
• Develop custom reports
• Participate in knowledge transfer
• Actively participate in testing activities
Note: Resource experience, data quality and the amount of transformation required could impact the actual resources needed to support the data conversion efforts.
Internal Auditor
The Internal Auditor works with the Project Team to ensure proper procedures are followed and proper documentation is created for the implementation of Workday.
This person is responsible for providing compliance related guidance and expertise to the Project Team.
Test Lead The Client Test Lead develops and manages the overall Client Test Strategy and Plan. Responsibilities include:
• Establish an approach to testing.
• Define resource requirements for testing.
• Establish the test schedule.
• Conduct overall execution of the Client prescribed End-to-End (including Integrations), user acceptance testing, and Parallel test process for Workday Payroll from start to end of the test period.
• Facilitate testing coordination and progress meetings. • Successfully manage defect resolutions.
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Team Member Description of Role
• Resolve test issues via coordination of Client and CSLLC teams as required to complete testing for successful completion of Workday test. • Define the overall test strategy.
• Define test approach, roles and responsibilities.
• Define test tools and scenarios by tester and success criteria for each test stage.
• Define and report test metrics to the project team and project executives.
Organizational Change Lead The Organizational Change Lead is focused on planning and executing the change management and communications activities. He or she is the primary counterpart to the CSLLC Organizational Change Lead (if there is someone assigned) and is responsible for providing primary insight into the Client’s culture, operations, and competing projects or interests. The Organization Change Lead is the primary liaison between the project team and other internal resources needed to execute and deploy the various change management and communications activities. He or she is ultimately responsible for all change management and communications- related deliverables.
Training Lead The Training Lead is focused on planning and executing the end user training activities. He or she is the primary counterpart to the CSLLC Training Lead (if there is someone assigned) and is responsible for providing primary insight into the Client’s training resources and preferences, as well as competing projects or interests related to end user training. The Training Lead is the primary liaison between the project team and other internal resources needed to plan, execute, and deploy the various training activities for the deployment. He or she is ultimately responsible for all training-related deliverables. The Client may choose to assign the Organizational Change Lead and Training Lead roles and responsibilities to a single actual resource.
Training Communications, and
Change Management Support
Resources
Depending on the specific strategies and plans the Client establishes as part of its OC&T program, additional resources will be needed at various times throughout the project lifecycle to support and execute the communications, change management, and training plans. These roles often include:
• Training Developers responsible for developing and revising the end user training collateral as defined in the Training Curriculum Plan • Communications Leads/Developers responsible for developing, revising, and deploying the end user communications collateral as defined in the Communications Plan
• Trainers and Super Users responsible for gaining advanced familiarity with the new systems and user support tools, and in turn planning and delivering pre-Go-Live and ongoing training to end user audiences
• Change Champions responsible for generating awareness and support around future changes within their designated areas of influence
Collaborative Roles
Team Member Description of Role
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Portfolio Director Collaborative provides a Portfolio Director to serve in an advisory role and escalation point on all Workday deployments to ensure success by working collaboratively with the City’s Executives, the City’s Project Manager, Workday leadership and Collaborative’s Engagement Manager. Supports Collaborative Engagement Manager to resolve any escalated issues in a timely manner and sign-off on key deliverables throughout the project per the Cynergy™ for Workday methodology. The Collaborative Portfolio Director is
an active and visible resource on the project and is
expected to participate in regularly scheduled Steering Committee meetings and milestone activities to ensure the project is meeting the goals/objectives and timeframes outlined at the beginning of the project.
Functional Architect Collaborative provides a Functional Architect (FA) to work with the City in leading and driving the solution based on their broad Workday experience along with deep implementation expertise. The FA will work with the City to drive the City’s solutions and provide design/strategy support. The FA is responsible for driving the design and business process sessions along with the Collaborative Consultants.
Engagement Manager Collaborative provides a designated Engagement Manager (EM) who is responsible for working with the City’s Project Manager to ensure the timely success of the project. The EM guides the project by providing Workday best practices as they relate to project management techniques, the use of Cynergy™ tools and templates, interaction with Workday Product Strategy and Development, and leveraging Collaborative Cyne
rgy™ implementation methodology. The EM staffs the project and guides project activities to ensure the timely completion of the project in accordance with the project charter and project plan. The EM is liaison with Workday on project - related issues that may be outside the direct control of the project team (e.g., coordinating the resolution of issues with product development).
The EM partners with the Collaborative Consultants and the City’s project leads to provide additional guidance on Workday implementation best-practices, industry standards, and facilitate knowledge sharing among Workday customers as appropriate. The EM keeps the City’s project team apprised of Workday updates, tenant changes, and can provide guidance on using the Workday Community.
Executive Sponsor The point of contact for Collaborative’s Executive Management team. Works with the Collaborative PD & EM to ensure that escalated issues do not impact the project timeline.
Functional Consultant(s) Responsible for working with the City to lead and drive the City’s business process design and integration requirements. The Principal Consultant(s) lead business process workshops and workflow iterative development and develop business process templates that are a key input into the configuration of the solution. The Principal Consultant(s) configures Workday according to the City’s requirements and documents any areas where requirements are not met. They provide best practices to enhance the City’s access to the features/functions of the W orkday solution. They
support the testing, data conversion, and integration development efforts. They escalate issues that may impact the Go-Live date to the Collaborative EM.
Integration Consultant(s) Responsible for working with the Collaborative Principal Consultant(s) and the City’s Business Analysts to gather and document integration requirements. The Integration Consultant(s) leads the configuration and supports the testing of Workday packaged integrations and the development of the City’s integrations as defined by the SOW.
Data Conversion Consultant(s) Responsible for converting City data into Workday based on the configuration and mapping done by the Collaborative Principal Consultant(s) and the City’s Business Analysts. The Collaborative Data Conversion Consultant(s) works with the City’s Business Analysts to resolve data related issues. They work with City to resolve loading errors and reload the appropriate tenants.
Organizational Change & Training
Lead
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training activities. He or she provides guidance to the relevant counterparts on the City’s OC&T team and guides the work stream through the specific methodology at each stage throughout the project, as defined in the project scope. The OC&T Lead is also responsible for the administration of the workstream, including timeline management and status reporting as defined by the overall project management team.
Workday Roles
Workday core responsibilities include:
Team Member Description of Role
Delivery Assurance Group Comprised of Workday Implementation Specialists, the Delivery Assurance Group works with the Client towards the implementation of the Workday solution. The Delivery Assurance Group conducts a series of quality assurance reviews at major project milestones, when the group reviews project documentation, product configuration, and business processes. The Delivery Assurance Group is responsible for the development and enhancement of the Workday implementation methodology and works closely with Product Strategy and Development in helping steer product direction.
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Appendix B – Integrations and Custom Reports
Integrations
The following integrations are in Scope. Please refer to the column labeled “Owner” to identify if the integration is Client assigned or CSLLC assigned.
Phase One (1) Financials
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Phase Two (2) HCM
Key:
BIRT = Business Intelligence Reporting Tools
NACHA = National Automated Clearing House Association
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ACH = Automated Clearing House
FSA = Flexible Spending Accounts
HSA = Health Savings Account
TBD = To Be Determined
Integration Type Key:
• EIB/DTS = Enterprise Interface Builder/Document Transformation Service • CC = Cloud Connect
• Studio = Workday Studio
• Other = Web Services or Integration system user setup
The interfaces/integrations required for this project include:
• Cloud Connect (CC) – CC provides Workday customers with the same level of support as they would receive in the core Workday application. Such Workday integrations are (i) part of the Workday hosted application Service and (ii) provided with ongoing support by Workday in accordance with Workday’s then-current Support and Service Availability Policy. While Workday integrations are designed and developed as part of the subscription license, CSLLC anticipates some amount of time dedicated to configure and test the integrations during the implementation. • Custom Integrations – Custom integrations are developed by CSLLC or Client using Workday’s tools such as Report Writer, EIB, DTS, or Studio.
Reports
No specific custom reports are in Scope for this project. Phase One (1) - Financials, includes the recommended reports listed below:
Financial Custom Reports Included
Report Name Area Description
Data Audit - Funds Financial Accounting Listing of the funds in the tenant and the hierarchy structure for those funds.
Data Audit - Cost Centers Financial Accounting Listing of the cost centers in the tenant as well as the cost center manager
assignments, hierarchy structure and
related worktags established for those
cost centers.
Data Audit - Programs Financial Accounting Listing of the programs in the tenant and the hierarchy structure for those
programs.
Data Audit - Locations Financial Accounting Listing of all locations showing usage, type, hierarchy structure and address
information.
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Data Audit - Grants Financial Accounting Listing of all grants in the tenant as well as the grant manager assignments,
hierarchy structure and related
worktags established for those grants.
Data Audit - Revenue
Categories
Financial Accounting Listing of all the revenue categories in the tenant as well the hierarchy
structure.
Data Audit - Spend
Categories
Financial Accounting Listing of all the spend categories in the tenant as well as their usages and
hierarchy structure.
Find Projects Projects A custom copy of the Find Projects report that has additional data about
the projects.
Find Journal Lines with
Worktag Details
Financial Accounting
A copy of the delivered Find Journal
Lines report with the worktags broken
out into their own columns for easier
viewing and reporting.
View Plan Lines Budget Report showing all budget lines entered with details about the plan, entry type,
status and all worktag detail.
Balance Sheet by Fund Financial Accounting Custom balance sheet report displaying ledger account balances by fund.
Income Statement by Fund Financial Accounting Custom income statement displaying revenue and spend amounts by fund for
the report period, current Year-To-Date
(YTD) and prior YTD.
Financial Budget versus
Actuals by Fund
Budget/Financial Accounting This report is designed to show the overall financial budgets by fund and is
intended to be used by the central
Budget staff for an overall picture to
determine where they need to pay
attention or drill into the details using
other reports.
Budget versus Actuals by
Cost Center
Budget/Financial Accounting This report is designed to show the overall budget of a fund by cost centers
and is intended to be used primarily by
the central Budget staff to look at the
top cost center hierarchy and get an
overall picture to determine where they
need to pay attention or drill into the
details using other reports.
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Budget versus Actuals for
Cost Center
Budget/Financial Accounting This report is designed to show the detailed budget versus actuals for one
(1) cost center or a cost center
hierarchy.
If the user is looking for the details for
just one (1) cost center, he or she can
choose to repeat the columns by either
Fund or Program and can then use the
other parameters to limit the view
further as appropriate.
If the user would like to see the data for
a cost center hierarchy, he or she can
choose to repeat by Cost Center and
can then use the other parameters to
limit the view to particular funds,
programs or other worktags as
appropriate.
Budget versus Actuals for
Program
Budget/Financial Accounting This report is designed to show the detailed budget versus actuals for one
(1) program or a program hierarchy.
If the user is looking at the details for
one (1) program, he or she can choose
to repeat the columns by either Fund or
Cost Center and can then use the other
parameters to limit the view further as
appropriate.
If the user would like to see the data for
a program hierarchy, he or she can
choose to repeat by Program and can
then use the other parameters to limit
the view to particular funds or cost
centers as appropriate.
Budget versus Actuals by
Project
Projects/Budget/Financial
Accounting
This report is designed to show a life to
date overview of the budget and actuals
for all projects within a hierarchy and is
used primarily by users who are
managing multiple projects within a
project hierarchy or by the central
Budget/Finance team to get an
overview of all projects. From here,
users can determine where they need
to pay attention or drill into the details
using other reports.
Budget versus Actuals for
Project
Projects/Budget/Financial
Accounting
This report is designed to show the
detailed life to date budget versus
actuals for one (1) project at a time.
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Budget versus Actuals by
Award
Grants/Budget/Financial
Accounting
This report is designed to show a life to
date overview of award budgets and is
used primarily by the central Budget
and Finance staff to look at the top
grant hierarchy and get an overall
picture of the award budgets. From
here, users can determine where they
need to pay attention or drill into the
details using other reports.
Budget versus Actuals by
Grant
Grants/Budget/Financial
Accounting
This report is designed to show the
detailed life to date budget versus
actuals for one (1) grant.
Find Assets Assets Custom copy of the delivered Find
Assets report that adds in relevant fields
and reorders columns to be more
practical.
Time Off Liability with
Worktags
Financial Accounting
Custom version of the Time Off Liability
report that includes worktag detail for
cost center, fund, etc.
Payroll Accounting Details Financial Accounting A report that returns payroll General Ledger (GL) entries by worker with
worktag details.
Project Remaining Budget
for Rollover
Budget Report for budget team to use when
evaluating project budgets at the end of
a fiscal year and determining the
amount of budget to be rolled to the
next fiscal year.
Trial Balance with Worktags Financial Accounting Custom trial balance report used for exporting trial balance data to auditors
or other programs.
Cash Balance by Fund Financial Accounting A report detailing the Client’s reportable cash balance by fund.
Payroll Deductions Financial Accounting A report detailing the payroll liability amounts withheld from each payroll.
Depreciation Expense by
Function
Assets/Financial Accounting Depreciation expense detailed by function for annual reporting purposes.
Statement of Net Position Financial Accounting Government-wide statement for annual financial report.
Statement of Activities Financial Accounting Government-wide statement for annual financial report.
Schedule of Expenditures of
Federal Awards
Grants/Financial Accounting Designed to report award expenditures for annual financials.
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Up to three (3) formatted
fund financial statements
for annual report
Financial Accounting Fund financial statements for annual financial report.
Additionally, one hundred seventy-one (171) hours are delivered as a bucket of hours to be used for custom reporting support in Phase Two (2). This is inclusive of design discussions, requirements gathering, configuration, testing and knowledge transfer.
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Appendix C – Sample Change Order Form
Project Change Order
Client: XYZ Client
SOW/Project
Name:
Project ID # / Project Name as it exists in Workday
Change Order #: C01 (adjust as appropriate)
Project Manager
(Client):
Project Manager Name, XYZ Client
Project Sponsor
(Client):
Project Sponsor Name, Title
Engagement
Manager
(CSLLC):
Engagement Manager Name, CSLLC
Acceptance Due
Date:
The date by which the Client will need this approved in order to avoid negative timeline impact.
Change Type: Type of change. For example: Integration change, request for additional functionality, change in SOW estimate based on design sessions, etc. (usually more applicable to Phase One (1) or Phase Two (2) projects.)
Select one (1):
Contract Extension (zero (0) budget add)
Contract Extension (additional hours added)
Change in Scope (additional hours added)
Change in Scope (no addition hours added)
Other (detail in request description)
Impact Assessed
by:
List those assessing the impact. Normally the CSLLC EM, CSLLC Functional or Integrations Consultant, and possibly someone on the Client side.
Priority: High, Medium, or Low based on need for the change.
Billing Select one (1):
Bill under current project
Bill separately under current project
Bill separately under new project
Contract Line
Type
Describe the billing basis. For example: Time & Materials, Fixed Fee Installment/Milestone, Prepaid, Subscription
Is new PO#
required?
Select one (1):
New PO# (insert PO#)
PO# to be created after receiving countersigned documents No new PO# needed
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Request Description
<<Describe the change and why it is needed. It is important to describe why this wasn’t estimated correctly in the SOW or where the change occurred. For example:
Adding a new integration for Aetna, COBRA, qualifying event. Original integration listed on the SOW addressed only Aetna PPO/HMO, did not specify COBRA. Additional forty (40) hours added to cover COBRA QE.>>
If this Change Order is for an extension, please include the # of hours and budget remaining on current project.
Business Purpose / Reason for Change
<<Describe the purpose/reason for change and be sure to explain the impact to NOT doing the change. For example:
Client offers COBRA coverage for any employees eligible for a COBRA qualifying event; this was not included in the original SOW estimate. If we do not approve this change, we will not be able to provide COBRA coverage.>>
Impact Assessment
Project Activities
Affected:
Describe the additional work which needs to be done. For example: Create one (1) additional integration or three (3) new performance templates need to be configured, etc.
Deliverables
Affected:
Describe deliverables affected, for example:
One (1) additional interface file to be delivered to Aetna will be produced.
Project Schedule
Impact:
Describe schedule impact, if any. For example:
Architect stage will be extended by one (1) week to complete all integrations.
Include the original end date and new end date, if extending expiration date of SOW.
Estimated Effort
and Costs:
The following is the change in effort and cost estimate:
Role Rate Hours Cost
Executive
Strategy Manager
Senior Functional Architect (Consulting
Director)
Engagement Director (Portfolio Director)
Engagement Manager
Functional Architect
Senior Principal Consultant
Principal Consultant
Consultant
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Analyst
Total <<total>>
Payment Terms – If the Client is adding hours
• This Change Order will be billed monthly based on actual usage (Time and Materials) at the rate prescribed in the SOW and shown in the Estimated Effort and Cost table above. • This Change Order will be invoiced as pre-pay at the rate prescribed in the SOW and shown in the Estimated Effort and Cost table above.
Assumptions
• Describe any new Assumptions different from the SOW. For example:
Client will provide the requirements for the new integration. • If not different from the SOW, add “All Assumptions from the SOW dated December XX, XXXX apply to this Change Order”, otherwise, if there are new Assumptions different from the SOW, list them here.
Authorization
Client Authorization Signature
Collaborative Solutions, LLC Authorization
Signature
Name
Name
Title
Title
Date
Date
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Appendix D – Detailed Functionality
As the project progresses, there will be a review of the overall Scope after Alignment sessions. If the intended Scope is outside of this SOW, a Change Order will be required which may affect overall cost (level of effort) and timeline.
Workday Foundational elements such as dashboards, reporting, analytics, Business Process Framework and employee self-service are built into every Workday module.
During Client deployment, the following elements will be in Scope:
• Modifiable Business Processes: Assumption of one (1) standard business process (no rule based) for those identified below with no more than twenty (20) steps. Up to one (1) parallel stage per process where applicable. Unused steps within a process will not apply to alternate business processes. Includes up to two (2) consolidated templates for applicable processes. Includes up to two (2) Staffing Field Default condition rules total. Client will leverage Workday system capabilities and change business practices where possible to keep system maintenance for complex exception-based scenarios to a minimum. CSLLC will adjust/update and configure a specific number of business processes by Function outlined in the Scope table below. All other business processes will be delivered with CSLLC Delivered Configuration and will be the responsibility of the Client to update during end-to-end testing if needed. • Guided Tours: Guided Tours are assumed Out-of-Scope unless OC&T is in Scope and Guided Tours are explicitly identified in the Scope.
• Tenant Branding: Workday delivered tenant branding with up to one (1) condition rule and one (1) upload of images. Any changes to images uploaded will be completed by the Client through Knowledge Transfer. • Dashboards: Workday delivered dashboards for the functional Scope below will be configured with Workday delivered reports unless custom reports are included in Scope in Appendix B. • Translations: Translations conversion is not in Scope. Client is responsible for providing translated values. • Scheduled Reports & Alerts: Scheduled Reports, Task Alerts, and Business Process Alerts are not in Scope.
General report-based alerts are defined within the Scope in Appendix B. • Setup Values: Values, including organizations, are assumed to be current values only (no historical loads) unless needed to support the data conversion Scope described in Appendix E. • Documents: Documents are assumed to be attachment only. Generated Documents and/or Documents enabled for Adobe Esign or Docusign are assumed out-of-Scope unless defined within Scope below.
Templates do not include logos or any specialized formatting unless identified as a Business Intelligence Reporting Tools (BIRT) layout in the Reporting Scope.
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Function Functionality Scope In Scope
(Y/N)
Quantity to
Configure
Limited HCM to support
Financials Deployment
Required information only to support
Phase One (1):
• Organizations (Supervisory,
Location) and associated
hierarchies.
• Generic Worker Types, Event
Reasons and Categories
• Basic Employee information
hired into a single job profile
• Delivered Security
Groups/Roles
• The following business
processes with steps
removed (simple)
o Hire
o Terminate
o Change Organization
Assignments
Y
HCM: Core
Organization hierarchy structure per
organization type (supervisory,
company, cost center, region, custom,
and location hierarchy) (not including
Organization Studio)
Y Two (2)
Physical location(s) where workers
perform job functions (not including
Workspaces)
Y
Matrix Organization Tracking N
Job Catalog (not including loading
qualifications)
Y
Staffing Model used to manage
headcount
Y One (1)
Worker Profile for detailed worker
information tracking (not including
Purging)
Y
Worker Document(s) Y Up to fifteen (15) (up to
ten (10) document
security segments with
associated segment-
based security groups)
Regulatory Reporting: Establishments
and applicable Workday delivered
Compliance Reports
Y
Employee Contract(s) N
Probation Period Tracking Y Up to four (4) probation
period defaulting rule(s)
per country in Scope
Notice Period Tracking N
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Contingent Worker Tracking N
Retiree Functionality N
Union(s) Y Up to nine (9)
Collective Bargaining agreement(s) Y Up to nine (9)
Additional (Multiple) Jobs Y
International Assignment Tracking N
Position Budgeting N
Onboarding Y
• Onboarding Setup Template(s) Up to three (3)
• Additional Worker Documents Up to twenty (20)
• Bulletin Worklets Up to three (3)
Form I-9 Tracking Y
Basic HCM Asset Tracking N
Reference Letter Template(s) N
Safety Incident Tracking N
Committees Tracking N
Workday Assistant Y
Workday Today Y
Custom Security Groups Y Up to three (3) (up to one
(1) intersection security
group)
Custom Questionnaire(s) Y Up to two (2) (up to
twenty-five (25)
questions per
questionnaire)
Modifiable Business Processes Y • Hire Employees
• Contract Contingent
Worker
• Onboarding
• Onboarding Setup
• Change Job
• End Contingent
Worker Contract
• Create Position
• Terminate Employee
• Report Safety
Incident
• Up to three (3)
additional
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configurable
business processes
Compensation: Core Compensation packages Y Up to one (1) Currency Rate Tracking N
Compensation grades tied to job
profiles
Y Up to twenty-five (25)
Compensation Grades
and Grade Profiles
Combined
Compensation grade steps Y Up to twenty-five (25)
Compensation Plans (Types can
include: Salary, Hourly, Period Salary,
non-Reimbursable Allowance,
Commission, basic Stock, and basic
Bonus)
Y Up to six (6)
One-time payment plans Y Up to ten (10) (up to
three (3) profiles per
plan)
Severance Packages N
Custom Compensation bases N
Custom Total Rewards Template(s) N Workday Delivered Only Wage Theft Prevention Template(s) Y
Compensation Survey Management
Survey(s)
N
Custom Security Groups N
Modifiable Business Processes Y • Request
Compensation
Change
• Up to one (1)
additional
configurable
business process
Benefits Benefit plans Y Up to forty-eight (48) (up
to one (1) benefit rate
type each)
Benefit credit(s) and/or surcharge(s) N
Benefit group(s) Y Up to four (4)
Benefit Job(s) Y
Dependents and beneficiaries tracking Y
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Benefit Enrollment Event(s) (including
Passive Events)
Y Up to sixteen (16) Benefit
Events (Plus Conversion
Events)
Open Enrollment enablement for the
current benefit plan year, referencing
existing or in Scope plans
Y
Enrollment Event Rule(s) Y Up to one (1)
Workday delivered COBRA Eligibility
Processing to third-party administrator
Y
Affordable Care Act (ACA)
Measurement Period Tracking
Y
1094/1095-C Reporting Y
Medicare Tracking N
Dependent verification functionality
through use of custom IDs
N
Custom Security Groups N
Modifiable Business Processes Y • Change Benefits for
Life Events Review
Process
• Dependent Event
• Change Benefits
• Passive Event
• Up to one (1)
additional
configurable
business processes
Talent & Performance
Management
Worker Profile and Skills:
Accomplishments, Awards and
Activities, Certifications, Education,
Internal Projects, Job History,
Languages, Professional Affiliations,
Publications, Talent Pools, and/or
Talent Statements
Y
Workday Skills Cloud N
Talent Marketplace N
Competencies:
• Proficiency scales
• Standard (non-level based)
behaviors
Y
Y
Y
Up to fifteen (15)
One (1)
One (1)
Career Development Tracking: Career
Interests, Job Interests, Relocation
Preferences, Travel Amounts
Y
Mentoring Relationships Tracking N
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Check-Ins N
Talent review template(s) N
Nine-Box (9-Box) Talent Calibration
Program(s)
N
Succession Planning for Positions &
Pools
Y
Potential, readiness, retention and
loss impact tracking
N
Custom talent card layout(s) N
Feedback Enablement Template(s) N
Organization and personal goals
management
Y Up to one (1) rating scale
& one (1) completion
scale
Performance Review Template(s) Y Up to one (1) (up to one (1) rating scale)
Performance Review Calibration
(Ratings Normalization) Program(s)
N
Development Plan Template(s) N
Performance Improvement Plan
Template(s)
Y Up to one (1)
Disciplinary Action Template(s) Y Up to one (1)
Custom Security Groups N
Modifiable Business Processes Y • Manage Education
• Start Performance
Review
• Complete Manager
Evaluation for
Performance Review
• Give Feedback
• Manage Goals
• Manage Job History
• Complete Self
Evaluation for
Performance Review
• Import Professional
Profile
• Set Review Content
for Performance
Review
• Manage
Competencies
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• Manage Succession
Plan
• Up to one (1)
additional
configurable
business processes
Recruiting Job Requisitions Y
Evergreen (Pipeline) Job Requisitions Y
Confidential Job Requisitions N
Internal career site(s) Y Up to one (1)
External career site(s) Y Up to one (1)
Job posting template(s) Y Up to two (2)
Referral program(s) N
Background check package(s) Y Up to five (5)
Non-Integrated Assessment Test(s) N
Candidate self-scheduling enablement
(not including calendar setup)
N
Outlook Office 365 or Google Calendar
Scheduling Integration
N
Masked Candidate Screening Y Up to two (2) segmented
security group(s)
Offer letter template(s) Y Up to one (1) (up to four
(4) conditional text blocks
per each)
Employment agreement Template(s) N
Recruiting Agencies N
Additional Custom Notifications Y Up to five (5)
Custom Questionnaires Y Up to two (2)
Candidate Documents Y Up to two (2)
Custom Security Groups Y Up to two (2) (up to one
(1) intersection security
group)
Modifiable Business Processes Y • Job Application (up
to one (1) Dynamic
Workflow) –
maximum of one (1)
label override per
stage
• Job Requisition
• Offer
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• Up to one (1)
additional
configurable
business processes
Learning Management Extended Enterprise Enablement N
Standalone Lesson Enablement Y
Course Enablement
• Expiration rule(s)
• Content Highlight rule(s)
• Course Reminder(s)
Y
Y
Y
Y
Up to three (3)
Up to two (2)
Up to three (3)
Course/Program Costing and/or
Pricing
N
Video(s) enabled for Media
Interaction(s)
N
Course Offering Enablement Y
Programs Enablement Y
Prerequisites and/or Equivalency
Rule(s)
N
Campaigns Enablement Y Up to two (2) audiences
with up to four (4)
condition rules each (as a
custom report or filtered
search)
Workday Content Cloud Configuration N
Topic or Course Security Segment(s) Y Up to five (5)
External Instructor Enablement N
Custom Security Groups Y Up to three (3) (up to one
(1) intersection security
group)
Modifiable Business Processes Y • Enroll In Content
• Drop Learning
Enrollment
• Manage Course
• Up to one (1)
additional
configurable
business processes
Absence Management
Absence Countries Up to one (1)
Accruals Y Up to six (6)
Time Off's Y Up to eighteen (18)
Purchase or Sale of Time off (PTO,
Annual Leave, Vacation?)
Y
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Holiday Calendars Y Up to two (2)
Leave Types with an entitlement
Y Up to four (4)
Leave of Absence Validations Y Up to four (4)
Leave Types without an entitlement Y Up to eight (8)
Self-Administration of leave of
absence
Y
Work schedule calendars with
eligibility rules
Y Up to one (1)
Work schedule calendars without
eligibility rules
N
Leave segment security groups Y Up to three (3)
Modifiable business processes Y Request Time Off
Correct Time Off
Request Leave of
Absence
Request Return from
Leave of Absence
• Up to four (4)
total process
steps
• Up to four (4)
notifications
Absence Calendar
No steps or notifications
Time Tracking
Time Tracking Countries Y Up to one (1)
Time entry codes Y Up to five (5)
Time calculations Y Up to six (6)
Time entry validations Y Up to five (5)
Time tracking templates Y Up to three (3)
Configurable alerts, including reports
required to build necessary alerts
Y Up to three (3)
Time Tracking aligned Period
schedules
Y Up to two (2)
Custom Security Groups Y Up to two (2) Intersection
security groups to
support employee and
manager self-service
Modifiable business processes Y Enter Time
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• Up to four (4)
total process
steps
• Up to four (4)
notifications
Reported Time Batch
Event
• Up to one (1)
total process
step
Up to two (2)
notifications
Payroll Pay Groups Y Up to two (2)
Earning and Deduction Codes Y Up to one hundred fifty
(150) Pay Components
(Earnings and
Deductions)
Federal Identification Numbers (FEIN) Y Up to four (4)
States/Provinces Y
State/Provincial and local tax
authorities
Y
Pay frequencies Y Up to two (2)
Payroll period schedules Y Up to two (2)
Configure payroll calculation rules Y
Configure Workday on-cycle and on-
demand paycheck template
Y One (1)
Configure payment elections with
payment election rules
Y Up to one (1) Payment
Election Rule
Garnishments Y
Bank depository and source bank
accounts
Y Up to one (1)
Configure pay slips Y One (1) per country
Establish payroll accounting to
generate and review payroll
accounting data
Y One (1)
Establish comparison rules and audit
components
Y
Settlement rules Y
Third-Party Payroll provider provides
tax, garnishment, check, and deposit
advices
Y
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Configure retroactive payroll
processing
Y
Configure Fair Labor Standards Act
(FLSA) calculations – using delivered
Workday functionality
Y
Custom Security Groups Y Up to one (1) (up to one
(1) intersection security
group)
Modifiable Business Processes Y Up to five (5)
configurable business
processes
Custom Payroll Calculations (Value
Compare, Instance Set, Conditional,
etc.) as needed to support CSLLC best
practice configuration
Y
Payroll Standard Dashboards:
• Pay Cycle Command Center
• Year End
• Payroll Compliance
Y
Worker Costing Allocations Y Single Dimension
Core Financial Management,
Accounting and Finance
One (1) Currency (USD) Y
• Companies (legal entities)
• Cost centers
• Custom organizations
Y
Y
Y
Y
Up to five (5) companies
organized in up to three
(3) company hierarchies
Up to two hundred (200)
cost centers organized in
up to two (2)
independent hierarchy
structures with up to four
(4) hierarchy levels in
each
Up to one (1) custom
organization if needed
with a hierarchy structure
Locations Y Up to two hundred (200)
Business Asset and Ship-
To Locations and up to
three hundred (300)
Inventory Locations
organized in a hierarchy
structure with up to four
(4) levels of hierarchy
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Custom Security Groups Y Up to two (2)
Financial Accounting FDM design and utilizing Workday
worktags for analytics
Y
Account sets (parent-child
relationship)
Y Up to one (1) Account set
Ledger account summaries Y One (1) ledger account
summary structure with
up to five (5) levels
Configure standard/delivered account
posting rules
• Including spend and revenue
categories and account posting
rules for operational
transactions
Y
Y
Up to one (1) Posting
Rule Set
Categories Y Revenue Categories with
one (1) hierarchy
structure containing up
to four (4) levels
Spend Categories with
one (1) hierarchy
structure containing up
to four (4) levels
Custom worktags Y Up to one (1)
Custom reports to support financial
reporting for Generally Accepted
Accounting Principles (GAAP) and
regulatory reporting requirements,
Workday financial statements for
external reporting, and internal
management reports
Y
Allocations Y Up to ten (10)
Fiscal schedule (Fiscal Year) Y Up to one (1)
Fiscal summary schedule(s) Y Up to four (4) summary
fiscal schedules
Custom validation(s) Y Up to one hundred (100)
custom validations
Banking and Settlement Financial Institutions Y Four (4) Financial Institutions
Configure check printing modifications
and electronic bank integrations (type
of electronic payments, wire payments
and positive pay, unique by company)
Y Check printing configured
for one (1) Financial
Institution
Cash position N
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Bank reconciliation automation and
integrations
Y Up to one (1) bank
account
Supplier settlement via check or
electronic payments
Y Electronic payment
automation and
integrations configured
for One (1) Financial
Institution
Custom Security Groups N
Punch out(s) Y Up to One (1)
Purchase order layout Y Configuration of up to
one (1) Custom Purchase
Order Layout
Receiving and matching Y
Supplier Portal functionality Y
Request for Quotation (RFQ) processes Y
Purchase orders Y Convert open purchase
orders at time of go-live
Open Supplier Contracts Y Convert open supplier
contracts at time of go-
live
Budget Structures (Financial and Award) Y Up to four (4) with the use of a parent-child
structure set up for
financial plans
Position Budget Structures N
Ledgers for encumbrances Y Two (2)
Budget checking for operational,
Grants, and project budgets
Y
Payroll Commitment Accounting N
Supplier Accounts Suppliers including payment terms,
attributes for payments and 1099
reporting
Y Up to ten thousand
(10,000) suppliers active
in the past two (2) years
Supplier categories Y Up to fifty (50) Supplier
Categories and Groups
Check or electronic payments for
supplier settlement(s)
Y
Business Assets Companies for processing business
assets
Y Configuration of Business
Asset Processing for up to
four (4) Companies
Tax books, excluding actuals N
Custom Security Groups N
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Conversion of Assets Y Conversion of up to one
thousand (1,000) active
trackable assets (Non-
Work in Progress (WIP)
Related Assets Only)
Depreciation Profiles Y Up to six (6) Depreciation
Profiles
Asset Books Y Up to two (2) Asset books
Expenses Worker expense preferences (e.g.,
Employee travel card – American
Express)
Y
Expense policy security groups Y Up to five (5) Expense Policy Security Groups
Expense items Y Configuration of up to
one hundred (100)
Expense Items
Expense item groups Y Configuration of up to ten
(10) Expense Item Groups
Business purposes Y Up to ten (10) Business
Purposes
Custom Security Groups N
Customer Accounts Customer attributes for billing and
collection through aging reports and
collection disputes
Y Up two hundred (200)
Active Customers
Invoice layout(s) Y Up to one (1) Custom
Customer Invoice Layout
Statement layout(s) Y Up to One (1)
Custom Security Groups N
Project Management Projects of medium complexity
including:
• Project phases
• Project tasks
• Project worker roles/talent
pools
• Project groups
• Basic projects
Y
Y
Y
Y
Y
Y
Up to five hundred (500)
projects active at the
time of or one (1) year
prior to go-live with
attributes.
Delivered Workday Capital project
functionality
Y
Delivered Workday billable project
functionality
N
Project hierarchies Y One (1) primary and one
(1) optional project
hierarchy structure with
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up to four (4) levels in
each.
Project templates (project, project
plan, or a combination thereof)
Y Up to three (3) project
templates
Custom Security Groups N
Grants Management Grants: hierarchies, security, business processes, and Award Cost Processing
(ACP)
Y Up to five hundred (500)
Active Grants organized
into one (1) hierarchy
structure with up to four
(4) levels.
Awards Y Up to fifty (50)
Sponsors Y Up to fifty (50)
Award Proposals Y Up to five (5)
Custom Security Groups N
Mobile Solutions Configure mobile-specific tenant
settings
Y
Security to allow mobile access Y
Access for iPhone, iPad, and Android Y
Employee Self-Service Employee Self-Service for all Workday functionality specified above
Y
Manager Self-Service Manager Self-Service for all Workday functionality specified above
Y
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Adaptive Insights Scope
Function: Functionality Scope In Scope (Y/N)
General
• Ability to create annual plan
• Ability to reforecast monthly
• (1) Single Chart of Accounts structure across
organization
• (1) Single Fiscal calendar across organization
• (1) Single Currency for planning (USD)
Y
Planning Models
Expense Planning:
• One (1) expense model to capture non-personnel
related expenses
• Up to five (5) supporting schedules
• Total calculations not to exceed twenty (20)
Y
Revenue Planning:
• One (1) revenue model to capture multiple
revenue/funding streams
• Up to (3) supporting schedules to build bottom-up
revenue plan
• Total calculations not to exceed twenty (20)
Y
Capital Planning:
• Capital sheet will allow managers to plan for new
assets and straight-line depreciation will be
calculated based on in service date and useful life.
• Forecasted depreciation expense for existing
assets will be imported from Workday.
Y
Cost of Labor:
• Up to two (2) Employee Types planned down to
the individual
• Salary and hourly assumptions, as well as merit
increases
• Splits of individuals across departments
• Fringe Benefits and Tax Rates
• Bonuses
Y
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• Calculate total cost burden by employee/position
• Calculations may vary dependent upon union
affiliation. Up to (8) eight unions
• Total calculations not to exceed forty (40)
Data Imports
Workday Data Management:
• Import GL trial balance from Workday (up to one
(1) year historical)
• Import metadata from Workday (up to ten (10)
dimensions)
• Import personnel roster from Workday for existing
and open positions.
• Configure User-Sync with Workday
Y
Reports
Reporting:
• Maximum of (5) Adaptive HTML reports
• Maximum of (5) Office Connect reports
• Maximum of (5) KPI performance metrics.
Y
Knowledge Transfer and Training:
• Adaptive Insight’s implementation methodology
involves knowledge transfer and testing after and
during every model
• End to end process knowledge transfer sessions
will be conducted during the deploy phase to train
the trainer along with client specific process
documentation
• Provide template for testing scenarios and training
material
Y
Out of Scope Allocations N
Third-party Integrations N
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City of San Mateo and Collaborative Solutions, LLC Statement of Work February 21, 2022
This agreement is proprietary and confidential to Collaborative Solutions, LLC. 57
Appendix E – Data Conversion
In Scope person population(s) which are active at time of the Go-Live conversion extract will be included in the conversion process. Clients’ workers who were terminated in the current year based on the final extract date will be included in the data conversion to Workday to support rehires and reporting.
Function Scope
Limited HCM to support
Financials Deployment
• Up to six hundred fifty (650) Active Full-Service Equivalent (FSE) Employees or Contingent Workers
• Current Organization Assignments (Supervisory, Location, Cost Center, Company) Human Capital Management
Active Employees • Up to six hundred fifty (650) Active Full-Service Equivalent (FSE) Employees or Contingent Workers Including Current Associated Personal Data and Current Job Record • Current data records and job details for all active employees using their current data record
• Compensation – Current Compensation information only
• Job and Compensation History - Unlimited "History from Previous System" • Attachment of Third-Party Documents out-of-Scope
• No Transactional History
Terminated Employees • Terminated workers who received payment in the current year (Using Worker Object) • Terminated workers will be converted to a Workday organization specified for terminated workers rather than the historical organization structure. • Only a terminated worker’s data at time of termination (i.e., last data record) • No History loaded
Benefits • Current Benefit Elections
• Medical History for Current Year for ACA Reporting
• ACA Worker Hours and Wages
• Dependents & Beneficiaries
• Benefit Annual Rates
• Worker Wellness and Tobacco Usage
Absence Management • Time off Balance Conversion Included • Active Leaves for the previous twelve (12) Months (Balance as of go-live date, not daily balance conversion)
• Time Off Event Conversions Excluded
Time Tracking • Excluded from the Scope for go-live
Recruiting • Up to one hundred (100) Open Job Requisitions and Corresponding Open Positions • Prospect Conversion Excluded
• Open Positions Not Associated with Job Requisitions Excluded Performance &
Development
• No Transactional History
• Two (2) years Performance Review Ratings
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City of San Mateo and Collaborative Solutions, LLC Statement of Work February 21, 2022
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Function Scope
• One (1) year of Overall Rating History for Performance Review if Advanced Compensation is in Scope. Note that this includes simplified templates with only the rating value (not entire performance review)
• No Goal History
Succession Planning • Excluded from Scope
Payroll • Year-To-Date (YTD) wages and payroll tax data, including taxable wages and subject wages for federal, state, and local taxes reconciled to tax returns • Worker Tax Elections
• Withholding Orders Excluded (active orders to be manually entered by Client) • Worker Payment Elections
• Costing Allocations Excluded
Learning • Up to forty (40) Instructor Assignments
• Up to twenty (20) standalone lessons
• Courses: Up to fifty (50) active Digital and/or Blended courses with up to five (5) lessons each
• Course Offerings: Up to twenty (20) with up to five (5) lessons each (referencing existing or in Scope blended courses)
• Programs: Up to five (5) programs with up to five (5) components each (referencing existing or in Scope lessons or courses)
• Campaigns: Up to five (5) campaigns with up to five (5) components each (referencing existing or in Scope lessons, courses, or programs) and up to two (2) reminders each • Historical Records: course title, pass/fail/score, and date • Historical Courses: Excluded
• External Instructors & Learners: Excluded
Financial Management
Financial
Accounting
• Single Summarized Journal for Each Company Per Period with a Maximum of One (1) Year Plus Current YTD - Prior Year Ending Balance
• Company Base Currency Only
• Transactional/Detailed Journals are out-of-Scope and will not be included Banking & Settlements • Beginning Balance
• Unreconciled Open items
Budgets • Current Year Budget Data
Customer Accounts • Customers with Activity Within six (6) Months Prior to Go-Live • Open Account Receivables Items in Transaction Currency Customer Contracts • The Remaining Balance of two hundred fifty (250) Active Customer Contracts and Open Fixed Fee Customer Contract Line Types in Base Currency of the Company Will be Converted.
Supplier Accounts • Suppliers and Supplier Connections for those suppliers with activity within two (2) years prior to go-live.
• Open Accounts Payable Items as previously listed
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City of San Mateo and Collaborative Solutions, LLC Statement of Work February 21, 2022
This agreement is proprietary and confidential to Collaborative Solutions, LLC. 59
Function Scope
Business Assets • Active Capitalized Assets (Reconciled to Balance Sheet) • Tracked Expensed Assets (No Cost)
Expenses • Worker Payment Elections for Expense Payments Procurement
• Open Approved Purchase Orders
• Open Supplier contracts
• Receipt for Open Approved Purchases Orders
Projects • Active Projects
Grants • Grants/Grant Hierarchies, Roles Assignments, Default Worktags • Sponsors associated to Active Awards
• Subrecipients/Suppliers
• Award Contracts active at Go-Live
• Award Life to Date Billed Balances via Award Historical Cumulative Lines for Active Awards at Go-Live
• Award Life to Date Expenditure and/or Revenue Balances for Active Awards at Go -Live • Letter of Credits Active at Go-Live
• Award Budgets for Active Awards at Go-Live
• Open Sponsor Invoice Balances
Functionality as requested in the RFP and responded to by Collaborative/Workday has been included as an attachment to the SOW:
City of San Mateo
Requirements ERP Re
200 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
# Business Area Functional Area Use Case Requirement Measure of Gap Measure of Impact Availability Required Product(s) Cost Comments 1 Finance Accounts Payable Maintain a Vendor File Ability to set a vendor preference for separate checks (not combining invoices into a single payment), and system will automatically generate the separate checks when processing payments to that vendor.
3 4
Y - Yes
Workday Core Financials -
AP and Payments
In Workday, one can set up a vendor to allow separate payments.
This is done using the vendor record's 'Always Separate Payments' option.
2 Finance Accounts Payable Maintain a Vendor File Ability to annually archive inactive vendors based upon flexible, user-generated parameters. 3 3
Y - Yes
Workday Core Financials -
AP and Payments
Inactive Vendors can be purged however there is no limitation from a storage/space perspective within Workday to retain the data.
3 Finance Accounts Payable Maintain a Vendor File Ability to assign a vendor number to a one-time vendor that has multiple payments and move historical transactions to this vendor number. 3 3 Y - Yes Workday Core Financials -
AP and Payments
Workday has Vendor Categories and also a Vendor Classification from One-Time to Full Time use.
4 Finance Accounts Payable Maintain a Vendor File Ability to assign classifications to vendors (i.e. Regular, One-Time, Employee, EFT, Payroll, etc.) and the ability to limit access for updating vendor information based on vendor classification.
3 3
Y - Yes
Workday Core Financials -
AP and Payments
In Workday, vendors can be assigned to Categories and also Groups.
Additionally, You can use segmented security to restrict access to designated suppliers and visibility into important vendor information.
Workers who don't have access to a security segment can only view transaction details and can't :
• Select suppliers that they don't have access to when creating, editing, reporting, or searching for transactions.
• View search results for vendors. Workday masks the supplier name with asterisks and doesn't display other information. • Print or view supplier documents, such as invoices, contracts, or purchase orders.
During requisitioning, workers can select from only the goods and services they're secured access to, based on the segment-based security groups to which they belong.
5 Finance Accounts Payable Maintain a Vendor File Ability to create foreign address with a minimum of 6 lines. 2 3
Y - Yes
Workday Core Financials -
AP and Payments
In Workday you can have at least six potential address lines with Country, Region, Postal District and Postal Code available as potential choices.
6 Finance Accounts Payable Maintain a Vendor File Ability to create multiple addresses per vendor with the ability to assign each address as appropriate (i.e. invoicing, remittance, ordering, 1099, etc.); and the ability to select different remit addresses during the voucher payment process. 3 3 Y - Yes
Workday Core Financials -
AP and Payments
Yes, in Workday one can connect multiple addresses to a vendor with the ability to assign each address as appropriate (i.e. invoicing, remittance, ordering, 1099, etc.); and the ability to select different remit addresses during the voucher payment process.
7 Finance Accounts Payable Maintain a Vendor File Ability to create multiple vendor names per vendor with the ability to assign each address as appropriate (i.e. invoicing, remittance, ordering, 1099, etc.); and the ability to select different remit addresses during the voucher payment process. 3 3
Y - Yes
Workday Core Financials -
AP and Payments
One can connect multiple addresses to a vendor with the ability to assign each address as appropriate (i.e. invoicing, remittance, ordering, 1099, etc.); and the ability to select different remit addresses during the voucher payment process.
8 Finance Accounts Payable Maintain a Vendor File Ability to designate which City bank account a vendor will be paid from. 3 5
Y - Yes
Workday Core Financials -
AP and Payments
In Workday, one can create bank settlement setup and bank routing rules which will determine which bank account will used in any particular circumstance when using more than one bank account. Also, Workday’s unique object model enables you to share a bank account(s) across multiple organizations, simplifying bank account administration and reconciliation.
9 Finance Accounts Payable Maintain a Vendor File Ability to enter all needed vendor bank information for EFT payments (ABA number, bank account number, bank name, etc.) with necessary security provided.
2 5
Y - Yes
Workday Core Financials -
AP and Payments
The ability for a user to enter banking information for vendors is controlled by Workday's security model. While most systems are simply role based, Workday’s configurable security model allows different groups of users to have different levels of access to the system. These groups are called security groups. While Workday certainly supports role-based security, the Workday security model is much more flexible and easier to maintain.
Unlike traditional role-based security that requires a significant effort to maintain, Workday security groups can be associated with users through a variety of methods, such as organization, organizational role (manager, HR partner), business site (locale), job (CFO), system assigned (employee, contingent worker, applicant), etc.
Security groups and policies are delivered or can be created based on an organization’s unique access requirements. This provides a more flexible and manageable way of controlling access to all aspects of the Workday solution. All of the security functionality above is employed with the vendor banking/EFT information. 10 Finance Accounts Payable Maintain a Vendor File Ability to establish a control to avoid vendor profile duplication; but allow multiple physical locations.
3 5
Y - Yes
Workday Core Financials -
AP and Payments
Supported. Workday will alert a user if a duplicate supplier name is used. The user will be prompted to select a Business Entity Name that isn't already in use for a supplier. Workday also supports multiple alternate supplier connection names for a single supplier, enabling you to process payments for suppliers with different remit-to locations, payment types, and unique remit-to names. This will reduce the need to create remit-to child suppliers and increase efficiency.
201 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
11 Finance Accounts Payable Maintain a Vendor File Ability to establish security for limited access to social security numbers/FEIN on vendor file.
3 5
Y - Yes
Workday Core Financials -
AP and Payments
Workday security can be extremely granular, allowing close control over all data in the system. In particular, due to the sensitive nature of the information, social security numbers/FEIN are secured as an item within a security domain. Only those employees who require access for a legitimate business purpose would be granted access to social security numbers/FEIN. 12 Finance Accounts Payable Maintain a Vendor File Ability to notify requestor when a vendor is setup. 3 4
Y - Yes
Workday Core Financials -
AP and Payments
Supported. Setting up a supplier in Workday is part of our Business Process Framework. As the cornerstone of many applications, Workday business processes route tasks and notifications to authorized users. In this way the supplier requestor can be notified as a newly requested supplier is routed through the 'Create Supplier' business process until completion.
13 Finance Accounts Payable Maintain a Vendor File Ability to provide controls around the vendor information recorded in order to minimize duplicate entries of the same vendor providing warnings to system users of duplicates.
3 5
Y - Yes
Workday Core Financials -
AP and Payments
Supported. Workday will alert a user if a duplicate supplier name is used. The user will be prompted to select a Business Entity Name that isn't already in use for a supplier. Workday, also supports multiple alternate supplier connection names for a single supplier, enabling you to process payments for suppliers with different remit-to locations, payment types, and unique remit-to names. This will reduce the need to create remit-to child suppliers and increase efficiency.
14 Finance Accounts Payable Maintain a Vendor File Ability to search one-time payments by classification. 3 3
Y - Yes
Workday Core Financials -
AP and Payments
In Workday, one time payments and ad hoc payments and their corresponding payment lines can be searched by various
dimensions and can also be reported on.
15 Finance Accounts Payable Maintain a Vendor File Ability to search one-time payments by vendor name/tax id. 1 3
Y - Yes
Workday Core Financials -
AP and Payments
In Workday, one time payments and ad hoc payments and their corresponding payment lines can be searched by various
dimensions and can also be reported on - including searching by the vendor name or by using 'tax id' as a reporting element. 16 Finance Accounts Payable Maintain a Vendor File Ability to set up alternate or multiple remit to vendors for payment i.e. payment to IRS rather than vendor.
1 5
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
Workday supports multiple alternate supplier connection names for a single supplier, enabling you to process payments for suppliers with different remit-to locations, payment types, and unique remit-to names. This will reduce the need to create remit- to child suppliers and increase efficiency.
As far as withholding taxes for vendors, Workday provides the ability to specify withholding tax code on supplier invoice, which calculates and records withheld amount upon settlement of supplier invoice. Withheld tax amount is reported on the delivered Supplier Settlement Run report and Supplier Payment report. With Workday, you will be able to deduct and post to a dedicated ledger account the withheld tax amount from supplier payment according to the rate selected in supplier invoice.
• Calculate and post withholding tax on supplier transactions based upon tax point: net, gross, and tax.
• Provide multiple tax IDs per organization and supplier to enhance control per country-specific rules.
• Enhanced configuration and withholding tax rules with defaults.
Workday will enable you to configure tax defaulting rules with additional logic criteria to intelligently handle a greater variety of transaction uses cases. This will minimize manual selection of appropriate transaction tax rates and decrease the risk of mistakes in computing transaction taxes while entering taxable documents into Workday.
202 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
17 Finance Accounts Payable Maintain a Vendor File Ability to track and report on all changes to the vendor master record. 2 5
Y - Yes
Workday Core Financials -
AP and Payments
Supported. All actions and changes in Workday, including the vendor master, are fully auditable and track the who, what, when, and why of every change made to the system including:
• Transaction entry and approval such as journal entries and supplier invoices
• Reference data such as customers, cost centers, and expense types
• Hierarchy/organization structures
• Business process/workflow definitions
• Edit and validation rules
• Security definition and role assignment
In addition to audit of all transactions and processes, Workday provides an audit of all metadata attributes used in the financial and HR application to ensure appropriate control and visibility over things such as the Vendor or Item Primary records, companies, organizational structures, account roll-ups, etc.
Unlike other Vendors, you do not need to turn auditing on for certain areas. With Workday, auditing is always on.
18 Finance Accounts Payable Maintain a Vendor File Ability to track and search on vendor file address fields including name, address (multiple), phone (multiple), fax and email, contact info, number, type, status (active/inactive), tax ID & type, commodity code (multiple). 2 5
Y - Yes
Workday Core Financials -
AP and Payments
.All of the fields mentioned are elements of Workday's 'Supplier' object which is used for the numerous supplier reports already available for searching vendors in Workday. In addition, within Workday, a business user can easily create ad hoc supplier reports.
All reports created are drillable to the detail and underlying transactions. Additionally, with one click, tabular reports can easily be converted to drillable charts. Reports and charts can be saved, published to a dashboard, and even shared with others.
Information in the reports will be determined by the worker’s security. So ultimately one could create any number of reports based on the 'supplier' object.
19 Finance Accounts Payable Maintain a Vendor File System allows authorized users to enter a one-time vendor that will not be accessible as a normal vendor for future purchases.
3 5
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
In Workday, a one -time vendor or payee can be created using Ad Hoc payments. Ad Hoc Payments enable you to process payment requests without setting the payee up as a supplier by including the payee information in the payment request. The payee information can include the tax information required to support 1099 reporting. As with all Workday transactions, you can configure the business process/workflow for approving ad hoc payments.
Additionally, Miscellaneous Payment Requests are operational transactions that enable you to request payments with less up- front information compared to other payment categories, such as ad hoc payments. Miscellaneous payment requests enable you to:
• Create single-use miscellaneous payees that automatically inactivate after settlement, streamlining your supplier process. • Request payments without information such as company bank account details and payment date, improving efficiency. • Resettle miscellaneous payments with a Canceled or Returned status without having to create a new settlement run, saving you time and effort.
• Set up self-service users who can create and manage the payees and payment requests they set up, decentralizing these tasks.
20 Finance Accounts Payable Maintain a Vendor File System allows users to submit a request for adding a new vendor that goes through an electronic approval workflow. 3 5
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
Supported. Workday delivers a supplier request process which enables authorized users to enter information about a new supplier. The system then routes the request internally for approval and enrichment or to the supplier directly for information through the Supplier portal, all according to the business process you configure. Workday also delivers a configurable external website in which Suppliers can self-register, creating a new Supplier request in Workday with the entered information, routed to appropriate internal teammates for review and approval.
This same process can be used to support the import of suppliers from third-party systems.
21 Finance Accounts Payable Maintain a Vendor File System can automatically assign a unique vendor ID number. 1 5 Y - Yes Workday Core Financials -
AP and Payments
Yes, Workday can automatically assign a unique vendor ID number.
203 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
22 Finance Accounts Payable Maintain a Vendor File System can mark vendor data fields as restricted, which only allows authorized users to view those fields.
1 5
Y - Yes
Workday Core Financials -
AP and Payments
Supported. Workday solutions are grouped into distinct functional areas. Each functional area is further divided into domains and business processes. A domain is a predefined set of related securable items (reports, tasks, instance sets, report fields, and data sources).
Although you cannot change the securable items comprising a domain, you can control access to a domain through its domain security policy. The domain security policy is used to link a domain with any Workday security groups that should have access to the domain.
When you link a security group to a domain through the domain's security, you specify whether the security group has View or Modify access to the domain. Secured items may be included in more than one domain security policy. Workers with different levels of access in different domains receive the least restrictive access.
23 Finance Accounts Payable Maintain a Vendor File System can require sales tax on items purchased with a vendor designated as a taxable vendor.
2 5
Y - Yes
Workday Core Financials -
AP and Payments
Supported. Workday provides the ability to specify withholding tax code on supplier invoice, which calculates and records withheld amount upon settlement of supplier invoice. Withheld tax amount is reported on the delivered Supplier Settlement Run report and Supplier Payment report. With Workday, you will be able to deduct and post to a dedicated ledger account the withheld tax amount from supplier payment according to the rate selected in supplier invoice.
• Calculate and post withholding tax on supplier transactions based upon tax point: net, gross, and tax.
• Provide multiple tax IDs per organization and supplier to enhance control per country-specific rules.
• Enhanced configuration and withholding tax rules with defaults.
Workday will enable you to configure tax defaulting rules with additional logic criteria to intelligently handle a greater variety of transaction uses cases. This will minimize manual selection of appropriate transaction tax rates and decrease the risk of mistakes in computing transaction taxes while entering taxable documents into Workday.
24 Finance Accounts Payable Maintain a Vendor File System can store discount information (fixed amount or percentage) based on payment type, payment terms, etc. by vendor or invoice. 3 4
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
Supported.
You can create custom payment terms for a supplier or supplier groups that you can then apply to all their procurement documents.
You can configure:
• Discounts.
• Payment due dates and grace periods.
• Rewards for early payment.
You can define, at the supplier contract level, a discount percentage applicable on the supplier catalog.
When creating a purchase order, the price will be derived from the contract, including the discount. For prompt payment, discounts may be calculated using Payment Terms.
Discounts may also be entered as a negative value (-) for specific lines within the purchase order.
25 Finance Accounts Payable Maintain a Vendor File System can store insurance information for vendors, including expiration date of coverage.
3 4
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
Supported. The Workday supplier business object, has fields for tracking Certificate of Insurance Dates and other insurance related fields
26 Finance Accounts Payable Maintain a Vendor File System can store preferred payment method for each vendor (ACH, check, etc.). 1 5 Y - Yes Workday Core Financials -
AP and Payments
Supported. A default payment type can be specified for each supplier ( vendor)
27 Finance Accounts Payable Maintain a Vendor File System can verify TIN matches IRS database. 3 5
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
A custom integration would be needed to be built to the IRS in order to validate against the Taxpayer Identification Number (TIN) 204 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
28 Finance Accounts Payable Maintain a Vendor File System maintains history of all vendor information changes (e.g. when an address is updated, users can see effective date of new address and still see old address details).
3 5
Y - Yes
Workday Core Financials -
AP and Payments
Workday provides the ability to view audits of transactions and it is "always on". Auditing can't be turned off. For some data, Workday uses effective dating to track transaction history.
Auditors can view audit history in reports, but can't make changes in the system.
Workday's non-destructive updates prevent data from being destroyed or overwritten, providing a complete audit trail of every change ever made in our business services. When data is updated, the Workday business service records these changes in the secure Workday database. Only users in the Auditor security group can access this data.
Workday records the details of every user-made change, including the new value, the old value, the name of the user who submitted the change, and a time stamp. Workday adds these details to the top of a stack of changes, enabling you to retrace the history of that value all the way back to the original data entry. 29 Finance Accounts Payable Maintain a Vendor File System tracks KPIs of vendor performance including complaints and resolution. 3 5
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
In Workday there are ways to track suppliers (vendors) and areas to put notes and comments about suppliers (vendors).
30 Finance Accounts Payable Maintain a Vendor File Users can attach certifications to a vendor record. 3 4 Y - Yes Workday Core Financials -
AP and Payments
Supported. Documents can be attached to a Supplier and a comment can be added.
31 Finance Accounts Payable Maintain a Vendor File Users can combine multiple vendors into a single record while maintaining the complete history of all vendors. 3 5 Y - Yes
Workday Core Financials -
AP and Payments
Supported. This is achieved with the use of Parent/Child relationships.
32 Finance Accounts Payable Maintain a Vendor File Vendors can be designated as a local vendor. 3 3 Y - Yes Workday Core Financials -
AP and Payments
Yes, a Supplier could be designated as a local vendor, using a dimension.
33 Finance Accounts Payable Maintain a Vendor File Vendors can be designated as a minority owned business. 3 3 Y - Yes Workday Core Financials -
AP and Payments
Yes, one could use a dimension in Workday to track minority- owned businesses.
34 Finance Accounts Payable Maintain a vendor file System maintains history of all vendor information changes (e.g. when an address is updated, users can see effective date of new address and still see old address details).
3 5
Y - Yes
Workday Core Financials -
AP and Payments
Workday provides the ability to view audits of transactions and it is "always on". Auditing can't be turned off. For some data, Workday uses effective dating to track transaction history.
Auditors can view audit history in reports, but can't make changes in the system.
Workday's non-destructive updates prevent data from being destroyed or overwritten, providing a complete audit trail of every change ever made in our business services. When data is updated, the Workday business service records these changes in the secure Workday database. Only users in the Auditor security group can access this data.
Workday records the details of every user-made change, including the new value, the old value, the name of the user who submitted the change, and a time stamp. Workday adds these details to the top of a stack of changes, enabling you to retrace the history of that value all the way back to the original data entry. 35 Finance Accounts Payable Maintain a vendor file Vendors can be designated as a 1099 vendor. 1 5 Y - Yes Workday Core Financials -
AP and Payments
Yes, suppliers can be designated as 1099 suppliers.
36 Finance Accounts Payable Maintain a vendor file Vendors can be designated as a minority owned business. 3 4
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
Yes, in the supplier business object there is a designation for both Minority Owned or Woman Owned business.
37 Finance Accounts Payable Maintain a vendor file Ability to have a free text area where comments about a vendor may be attached to the vendor file record.
1 5 Y - Yes
Workday Core Financials -
AP and Payments
Supported. In Workday there is a free text area for each supplier (vendor).
38 Finance Accounts Payable Maintain a vendor file Ability to change 1099 status without losing prior history. 3 5 Y - Yes Workday Core Financials -
AP and Payments Yes. It is possible to change 1099 status without losing history. 39 Finance Accounts Payable Maintain a vendor file Ability to identify vendors who do not meet government or state regulations (i.e.
Debarment, OSHA, EEO).
3 4 Y - Yes
Workday Core Financials -
AP and Payments
A custom integration would be needed to be built to validate against a prohibited supplier list.
40 Finance Accounts Payable Maintain a vendor file System allows authorized users to enter a one-time vendor that will not be accessible as a normal vendor for future purchases.
3 5 Y - Yes
Workday Core Financials -
AP and Payments
Supported. In Workday, one can use Ad-Hoc payments to facilitate the payment of a one time vendor.
41 Finance Accounts Payable Maintain a vendor file System tracks KPIs of vendor performance including complaints and resolution. 3 3 Y - Yes Workday Core Financials -
AP and Payments
In Workday there are ways to track suppliers (vendors) and areas to put notes and comments about suppliers (vendors).
42 Finance Accounts Payable Maintain a vendor file System can automatically assign a unique vendor ID number. 1 5 Y - Yes Workday Core Financials -
AP and Payments
Yes, Workday can automatically assign a unique vendor ID number.
43 Finance Accounts Payable Maintain a vendor file Users can combine multiple vendors into a single record while maintaining the complete history of all vendors.
3 5 Y - Yes
Workday Core Financials -
AP and Payments This is achieved with the use of Parent/Child relationships. 44 Finance Accounts Payable Maintain a vendor file Vendors can be designated as a local vendor. 3 3 Y - Yes Workday Core Financials -
AP and Payments
45 Finance Accounts Payable Maintain a vendor file Users can request a new vendor via a workflow. 3 4
Y - Yes
Workday Core Financials -
AP and Payments
Supported. If a supplier you want to provide a good or service is not available in your instance of Workday, you can request that it be added using our Create Supplier task. The supplier onboarding request will be routed for review and approval according to the business process you configure.
205 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
46 Finance Accounts Payable Maintain a vendor file System can store insurance information for vendors, including expiration date of coverage. 3 5
Y - Yes
Workday Core Financials -
AP and Payments
Supported. The Workday supplier business object, has fields for tracking Certificate of Insurance Dates and other insurance related fields
47 Finance Accounts Payable Maintain a vendor file System can require sales tax on items purchased with a vendor designated as a taxable vendor.
3 5
Y - Yes
Workday Core Financials -
AP and Payments
Supported. Workday provides the ability to specify withholding tax code, including sales tax, on supplier invoice, which calculates and records withheld amount upon settlement of supplier invoice.
Withheld tax amount is reported on the delivered Supplier Settlement Run report and Supplier Payment report. With Workday, you will be able to deduct and post to a dedicated ledger account the withheld tax amount from supplier payment according to the rate selected in supplier invoice.
• Calculate and post withholding tax on supplier transactions based upon tax point: net, gross, and tax.
• Provide multiple tax IDs per organization and supplier to enhance control per country-specific rules.
• Enhanced configuration and withholding tax rules with defaults.
48 Finance Accounts Payable Maintain a vendor file System can detect and prevent potential duplicate vendors before they are added to the vendor file. 3 4
Y - Yes
Workday Core Financials -
AP and Payments
Supported. Workday will alert a user if a duplicate supplier name is used. The user will be prompted to select a Business Entity Name that isn't already in use for a supplier.
49 Finance Accounts Payable Maintain a vendor file Ability to allow vendor data changes without affecting the vendor information on historical transactions. . 3 5 Y - Yes
Workday Core Financials -
AP and Payments
Yes, this can be done in Workday with a Create supplier change task.
50 Finance Accounts Payable Enter invoices Ability for authorized users to make edits and revisions to unposted invoice transactions prior to posting with appropriate workflow. 3 5 Y - Yes
Workday Core Financials -
AP and Payments
Yes, authorized users with the appropriate security can make edits and revisions to unposted invoice transactions prior to posting, with a Workday business process. There can also be approval steps with the business process if desired.
51 Finance Accounts Payable Enter invoices Ability to access information, including attached documents, from the referenced purchase order line item(s) during invoice entry. 2 5 Y - Yes Workday Core Financials -
AP and Payments
52 Finance Accounts Payable Enter invoices Ability to default purchase order information on the invoice during invoice entry with source transaction information. 2 4 Y - Yes
Workday Core Financials -
AP and Payments
53 Finance Accounts Payable Enter invoices Ability to designate "separate check" on an invoice transaction, so this payment is not combined with other payments to the same vendor. 3 5 Y - Yes Workday Core Financials -
AP and Payments
54 Finance Accounts Payable Enter invoices Ability to distribute invoice payments by item or total into multiple general ledger accounts, department, activities, funds and cost categories, project codes, etc.
1 5
Y - Yes
Workday Core Financials -
AP and Payments
55 Finance Accounts Payable Enter invoices Ability to enter credit amount against a PO. 3 5
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
56 Finance Accounts Payable Enter invoices Ability to enter invoices in batch (or one at a time) providing control totals reconcilable by user. 1 4 Y - Yes
Workday Core Financials -
AP and Payments
57 Finance Accounts Payable Enter invoices Ability to enter up to 99 line items on an invoice. 1 5 Y - Yes Workday Core Financials -
AP and Payments
58 Finance Accounts Payable Enter invoices Ability to hold/repeat vendor information when keying multiple invoices into a batch. 3 5
Y - Yes
Workday Core Financials -
AP and Payments
Supported. You can configure spend categories to populate on order invoice lines based on the supplier. enable this feature to reduce the processing and reviewing time spent on invoices and reduce errors in supplier invoice processing.
59 Finance Accounts Payable Enter invoices Ability to identify capitalized items, based on account and dollar amount, as invoices are processed and prompt user to enter fixed assets related details. 1 5
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Core Financials -
Asset Management
Supported. Workday has a business process that can be routed to the appropriate person on your accounting staff who can then decide whether a potential business asset will be depreciated as a fixed asset or expensed.
60 Finance Accounts Payable Enter invoices Ability to identify invoice type, including: Blanket Purchase Order. 3 4 Y - Yes Workday Core Financials -
AP and Payments
Supported. Workday has a variety of invoice types, including Blanket Purchase Order.
61 Finance Accounts Payable Enter invoices Ability to identify invoice type, including: Credit/Debit Memo. 3 5 Y - Yes Workday Core Financials -
AP and Payments
Supported. Workday has a variety of invoice types, including Credit and Debit memos.
62 Finance Accounts Payable Enter invoices Ability to identify invoice type, including: Manual Payment. 3 5 Y - Yes Workday Core Financials -
AP and Payments
Supported. Workday has a variety of invoice types, including Manual Payment.
63 Finance Accounts Payable Enter invoices Ability to identify invoice type, including: Regular Purchase Order. 3 4 Y - Yes Workday Core Financials -
AP and Payments
Supported. Workday has a variety of invoice types, including a Regular Purchase Order.
64 Finance Accounts Payable Enter invoices Ability to perform data validation in real time during invoice entry. 3 5 Y - Yes Workday Core Financials -
AP and Payments
65 Finance Accounts Payable Enter invoices Ability for a user to make a correction to an invoice entry while it is in the approval queue. The corrected amount can go through the approval queue without re-entering the entire invoice.
3 5
Y - Yes
Workday Core Financials -
AP and Payments
66 Finance Accounts Payable Enter invoices Ability to process one invoice or multiple invoices from one purchase order (or encumbrance) and/or for one purchase order line item.
3 5 Y - Yes
Workday Core Financials -
AP and Payments
67 Finance Accounts Payable Enter invoices Ability to require follow-up actions before processing payments if the amount due on the vendor invoice exceeds the current encumbrance by more than a tolerable threshold (i.e., contact vendor, determine reason for difference, and obtain necessary workflow approvals).
3 5
Y - Yes
Workday Core Financials -
AP and Payments
Supported. Workday, has the ability for any number of
customizable business processes to interact in conjunction with three or four matching invoice matching.
68 Finance Accounts Payable Enter invoices Ability to support creation of templates for recurring invoices. 1 4 Y - Yes Workday Core Financials -
AP and Payments
206 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
69 Finance Accounts Payable Enter invoices An electronic copy of the invoice can be attached to the invoice record. 1 5 Y - Yes Workday Core Financials -
AP and Payments
70 Finance Accounts Payable Enter invoices Invoice data can be added via scanning an invoice and the system scrapping data from the scan via OCR or similar method. 3 5 Y - Yes
Workday Core Financials -
AP and Payments
71 Finance Accounts Payable Enter invoices System automatically detects potential duplicate invoices and notifies the user when this occurs. 1 4 Y - Yes
Workday Core Financials -
AP and Payments
72 Finance Accounts Payable Enter invoices System allows invoice date to be different than the transaction date when entering an invoice. 1 3 Y - Yes
Workday Core Financials -
AP and Payments
73 Finance Accounts Payable Allow employees to
submit expense
reimbursements
requests
Employees can submit an expense reimbursement request that is automatically routed for approval based on the department.
1 5
Y - Yes Workday Expenses
74 Finance Accounts Payable Allow employees to
submit expense
reimbursements
requests
Expense requests can be approved in advance, with the payment made to the employee.
1 5
Y - Yes Workday Expenses
75 Finance Accounts Payable Allow employees to
submit expense
reimbursements
requests
System allows users to submit receipts after expenses have occurred for final approval of the transactions.
1 5
Y - Yes Workday Expenses
76 Finance Accounts Payable Allow employees to
submit expense
reimbursements
requests
System can calculate amount owed to the City if the submitted expenses are less than the initial advance payment and transfer to the miscellaneous billing module (or otherwise request payment). 3 5
Y - Yes Workday Expenses
77 Finance Accounts Payable Pay an invoice tied to a
purchase order.
Ability to configure a price tolerance for PO matching, based on set dollar amount or percentage of purchase order. 3 5 Y - Yes Workday Procurement 78 Finance Accounts Payable Pay an invoice tied to a
purchase order.
Ability to designate certain purchase order types to always require a 3-way match (e.g., regular and blanket purchase orders) and others to only require a 2- way match based on the purchase order type and dollar amount. Ability to route workflows for approval based on 3-way or 2-way matching requirements. 3 5
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
Supported. Workday gives you the ability to create different types of matching rules (2.3 .4 etc.), which can depend on the source of the transaction and/or the cost center associated with the transaction.
79 Finance Accounts Payable Pay an invoice tied to a
purchase order.
Ability to enter multiple invoices against a blanket purchase order. 1 4 Y - Yes Workday Core Financials -
AP and Payments
80 Finance Accounts Payable Pay an invoice tied to a
purchase order.
System allows each department/division to have different approval workflows with different thresholds for each approval step. 1 5
Y - Yes
Workday Procurement,
Workday Core Financials -
AP and Payments
81 Finance Accounts Payable Pay an invoice tied to a
purchase order.
System allows partial completion of purchase order if the quantity received is less than the total quantity of the purchase order.
1 4
Y - Yes
Workday Procurement,
Workday Core Financials -
AP and Payments
82 Finance Accounts Payable Pay an invoice tied to a
purchase order.
System automatically routes invoice for approval based on combination of department and dollar amount. 1 5 Y - Yes
Workday Core Financials -
AP and Payments
83 Finance Accounts Payable Pay an invoice tied to a
purchase order.
System automatically verifies if invoice details (vendor information, price, quantity) match purchase order. 1 4
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
84 Finance Accounts Payable Pay an invoice tied to a
purchase order.
System requires purchase order to be marked as received or service approved before allowing the payment. 3 4
Y - Yes
Workday Procurement,
Workday Core Financials -
AP and Payments
85 Finance Accounts Payable Create miscellaneous
payment
System allows user to allocate miscellaneous payment amount across multiple GL lines. 1 5 Y - Yes
Workday Core Financials -
AP and Payments
86 Finance Accounts Payable Create miscellaneous
payment
System allows user to submit request for payment that is not tied to a purchase order. 1 5 Y - Yes
Workday Core Financials -
AP and Payments
Workday, has an ad-hoc payment feature that could be used in this circumstance.
87 Finance Accounts Payable Create miscellaneous
payment
System can calculate total purchases made to a vendor, by department, by year, and deny payment request that increase the total to over a defined dollar threshold.
1 4
Y - Yes
Workday Procurement,
Workday Core Financials -
AP and Payments
Supported. One way to do this in Workday would be to define a "Supplier Contract" for the maximum amount.
88 Finance Accounts Payable Create a recurring
payment
System can create a recurring payment for a set amount to a vendor (e.g. monthly lease payment). 3 4
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
89 Finance Accounts Payable Approve an invoice via
an electronic workflow
Approval workflows can be set up based on department and dollar thresholds. 1 5 Y - Yes Workday Core Financials -
AP and Payments
90 Finance Accounts Payable Create payment batch Ability for user-defined check and check stub formatting, including ability to modify without requiring assistance from the software vendor. 1 5 Y - Yes Workday Core Financials -
AP and Payments
Supported. Workday has the ability to easily edit the check report design.
91 Finance Accounts Payable Create payment batch Ability of the system to have an option of printing or not printing checks that are below a defined threshold (i.e. does not print zero-dollar checks). 1 5 Y - Yes Workday Core Financials -
AP and Payments
Supported. Checks for $0.00 can be suppressed so that they are not printed in a check run.
92 Finance Accounts Payable Create payment batch Ability of the system to provide for mid-cycle restart of check forms during check run. 3 5 Y - Yes
Workday Core Financials -
AP and Payments
93 Finance Accounts Payable Create payment batch Ability to allow selected items to be paid and items to be withheld or deleted from payment for a particular check run.
3 5
Y - Yes
Workday Core Financials -
AP and Payments
Supported. Workday has the ability to schedule the creation of the settlement run, but saves it as a draft. After the scheduled date and time, you can find the settlement run, review, make edits, and manually launch the process when ready, including and excluding payments as desired.
207 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
94 Finance Accounts Payable Create payment batch Ability to define the check number to restart on, when using blank stock, for a mid-cycle restart.
3 5
Y - Yes
Workday Core Financials -
AP and Payments
Supported. When you set up a bank account, you enter the last used check number. Workday updates the check number as it generates checks through normal settlement processing. When the check number in Workday and the number on your check stock are out of sync, you can reassign check numbers and reprint checks and advices.
95 Finance Accounts Payable Create payment batch Ability to generate manual checks on-demand locally. 1 5 Y - Yes Workday Core Financials -
AP and Payments
96 Finance Accounts Payable Create payment batch Ability to have check stock control numbers included with check data. 1 5 Y - Yes Workday Core Financials -
AP and Payments
97 Finance Accounts Payable Create payment batch Ability to issue checks or EFT payment out of various bank accounts, including providing detailed email notification (include information which would have been on check stub) to vendor of EFT transmittal.
3 5
Y - Yes
Workday Core Financials -
AP and Payments
98 Finance Accounts Payable Create payment batch System does not restrict the number of digits for the check number. 1 5 Y - Yes Workday Core Financials -
AP and Payments
99 Finance Accounts Payable Create payment batch Ability to notify the user when a check is to be printed that exceeds a user- defined maximum check amount.
2 5
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Core Financials -
Cash Management and
Banking
Supported. Workday has bank routing rules and one can elect to select the "greater than amount" option. Once this option has been selected, expense account payments greater than the amount entered will require payment approval. A business process can then be used to route that approval to the
appropriate individual, who can then approve or decline the payment.
100 Finance Accounts Payable Create payment batch Ability to print a non-negotiable copy of all checks. 1 5 Y - Yes Workday Core Financials -
AP and Payments
101 Finance Accounts Payable Create payment batch Ability to print from multiple bank accounts in the same check run. 3 5 Y - Yes Workday Core Financials -
AP and Payments
102 Finance Accounts Payable Create payment batch Ability to print checks on plain paper stock. 1 5 Y - Yes Workday Core Financials -
AP and Payments
103 Finance Accounts Payable Create payment batch Ability to process check runs at any time. 1 5 Y - Yes Workday Core Financials -
AP and Payments
104 Finance Accounts Payable Create payment batch Ability to produce, through secure printers, checks with MICR encoding and electronic signatures.
3 5 Y - Yes
Workday Core Financials -
AP and Payments
105 Finance Accounts Payable Create payment batch Ability to restrict payments for manual checks greater than a user-defined threshold to require a physical signature on the check. 1 5 Y - Yes Workday Core Financials -
AP and Payments
106 Finance Accounts Payable Create payment batch Ability to restrict the reuse of a check number. 1 5 Y - Yes Workday Core Financials -
AP and Payments
107
Finance Accounts Payable Create payment batch Ability to select vouchers for check processing based upon various parameters (i.e. regular, express, one-time, EFT, employee, workers comp, etc.). 3 5
Y - Yes
Workday Core Financials -
AP and Payments
Supported, in Workday, one can create custom filters that will control what types of items are processed during a settlement run. 108 Finance Accounts Payable Create payment batch Ability to store and use the next sequential check number to be used for each bank's checking account. 1 5 Y - Yes
Workday Core Financials -
AP and Payments
109
Finance Accounts Payable Create payment batch System can automatically add payment to check run based on discount terms (e.g. invoice eligible for discount if paid within 15 days will be added to meet that deadline).
3 5
Y - Yes
Workday Core Financials -
AP and Payments
110 Finance Accounts Payable Create payment batch System can automatically add payments to check run based on payment due date.
3 5 Y - Yes
Workday Core Financials -
AP and Payments
111 Finance Accounts Payable Create payment batch System detects fraudulent activities using Positive Pay security, ACH Positive Pay, Reverse Positive Pay, and ACH Debit Block. 3 5 Y - Yes
Workday Core Financials -
AP and Payments
112 Finance Accounts Payable Create payment batch System monitors available cash balance to see available funds for paying invoices. 3 5 Y - Yes
Workday Core Financials -
AP and Payments Supported
113
Finance Accounts Payable Process a payment Ability to maintain unique identifiers for individual ACH payments. 3 5
Y - Yes
Workday Core Financials -
Cash Management and
Banking
114 Finance Accounts Payable Process a payment Ability to automatically produce payments for garnishments from Payroll data. 3 5 Y - Yes Workday Core Financials -
AP and Payments
115 Finance Accounts Payable Process a payment Ability to insert/apply a code to payables prior to printing checks that must be grouped/printed together for special mailing/distribution. 3 5 Y - Yes Workday Core Financials -
AP and Payments
116 Finance Accounts Payable Process a payment Ability to pre-note when establishing a new bank account. 3 5 Y - Yes Workday Core Financials -
AP and Payments
117 Finance Accounts Payable Process a payment Payment of invoice releases encumbrance and lowers actual budget balance. 1 5 Y - Yes Workday Core Financials -
AP and Payments
118 Finance Accounts Payable Process a payment System allows users to withhold retainage from an invoice payment, and tracks the withheld amount for future reporting. 1 5 Y - Yes
Workday Core Financials -
AP and Payments
119 Finance Accounts Payable Process a payment System can automatically add retainage amounts to GL holding account. 3 5 Y - Yes Workday Core Financials -
AP and Payments
Yes, with Workday's retainage functions in conjunction with Workday's account posting rules.
120 Finance Accounts Payable Process a payment System generates payment of correct type (check, EFT, wire) based on defined vendor settings stored in the vendor file. 1 5 Y - Yes
Workday Core Financials -
AP and Payments
121
Finance Accounts Payable Void a payment A system with the ability to generate a notification when payments have been reversed. The workflow notification process must provide an audit trail of approvals that are stored with the transaction. .
1 5
Y - Yes
Workday Core Financials -
AP and Payments
208 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
122
Finance Accounts Payable Void a payment Ability for check cancellation to provide the option of restoring funds back to the appropriate encumbering document, or back into the appropriate account's available budget balance, and provides the tracking of the check void on the Purchase Order transaction.
1 5
Y - Yes
Workday Core Financials -
AP and Payments
123
Finance Accounts Payable Void a payment Ability to cancel a prior year check. 3 5
Y - Yes
Workday Core Financials -
Cash Management and
Banking, Workday Core
Financials - AP and
Payments
124 Finance Accounts Payable Void a payment Ability to manage the escheating process with the state. 3 5 Y - Yes Workday Core Financials -
AP and Payments Workday provides functionality to manage escheat payments. 125
Finance Accounts Payable Void a payment Ability to provide full check cancellation, where the vendor master file, general ledger distributions, outstanding checks, and accounts payable detail files are reversed in the general ledger to accommodate cancelled check. 1 5
Y - Yes
Workday Core Financials -
AP and Payments
126 Finance Accounts Payable Void a payment Ability to void and replace checks by: individual check, block of checks or entire check run.
1 5 Y - Yes
Workday Core Financials -
AP and Payments
127
Finance Accounts Payable Void a payment Ability, on cancelled checks, to either issue a replacement check or cancel the check with no replacement with a comment field.
1 5
Y - Yes
Workday Core Financials -
AP and Payments
Checks are generated from the Workday settlement engine.
Assuming the check has not been reconciled, the check could be voided/cancelled or escheated.
128 Finance Accounts Payable Generate 1099 forms Ability to access at least five calendar years of 1099 information in the system. 1 5 Y - Yes Workday Core Financials -
AP and Payments "Client Name" can access 7 years of Employer level 1099 data - An 129 Finance Accounts Payable Generate 1099 forms Ability to calculate and deduct backup withholding for vendors that are subject to backup withholding. 1 5 Y - Yes
Workday Core Financials -
AP and Payments
130 Finance Accounts Payable Generate 1099 forms Ability to default 1099 codes based on the general ledger account code. 3 5 Y - Yes Workday Core Financials -
AP and Payments Yes via ADP SmartCompliance
131
Finance Accounts Payable Generate 1099 forms Ability to generate necessary analysis reporting for 1099 generation purposes (summary and invoice detail history sorted by tax ID, Report combining multiple vendors with same tax ID).
3 5
Y - Yes
Workday Core Financials -
AP and Payments
132 Finance Accounts Payable Generate 1099 forms Ability to identify specific invoices and payments for vendors as 1099 transactions or non-1099 transactions. 3 5 Y - Yes
Workday Core Financials -
AP and Payments
133 Finance Accounts Payable Generate 1099 forms Ability to print 1099 information and the related forms only for vendors with payments in excess of the designated IRS amount. 3 5 Y - Yes Workday Core Financials -
AP and Payments
Yes via ADP W2 Management Services
134 Finance Accounts Payable Generate 1099 forms Ability to process different types of 1099 forms. 1 5 Y - Yes Workday Core Financials -
AP and Payments ADP can process 1099R, 1099M and 1099 -NEC 135
Finance Accounts Payable Generate 1099 forms Ability to prohibit or provide warnings when a vendor without a TIN or SSN is entered, when it is required.
3 5
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
136 Finance Accounts Payable Generate 1099 forms Vendor provides updates to annual 1099 forms, IRS file formats, etc. with the annual software maintenance agreement at no additional cost. 1 5 Y - Yes
Workday Core Financials -
AP and Payments
ADP’s internal legal teams and compliance groups remain current o 137
Finance Accounts Payable Generate 1099 forms Ability to track all required information for 1099 reporting purposes with ability to make corrections (i.e. 1099 payments versus non-1099 payments, vendor information, etc.) and electronically transmit to the IRS for reporting purposes. 1 5
Y - Yes
Workday Core Financials -
AP and Payments
Yes via ADP Employment Tax Service.
138 Finance Accounts Payable Generate 1099 forms Ability to view a 1099 report that identifies vendors that have been associated with a 1099 status but do not have complete 1099 information. 1 5 Y - Yes
Workday Core Financials -
AP and Payments
No "Client Name" will need to managed within Workday or other A 139 Finance Accounts Payable Generate 1099 forms System can automatically generate 1099 forms for vendors that are designated as 1099 vendors.
1 5 Y - Yes
Workday Core Financials -
AP and Payments
ADP will generate, print and distriubute 1099 forms to Employee(s) 140
Finance Accounts Payable Provide vendor self-
service functionality
Vendors can submit an invoice through a vendor self-service portal. 3 5
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
141
Finance Accounts Payable Provide vendor self-
service functionality
Vendors can view the status of their invoice through a vendor self-service portal. 3 5
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
142 Finance Accounts Payable Provide vendor self-
service functionality
Registered vendors can attach documents to their vendor record (e.g. insurance documents, certifications, etc.).
3 5 Y - Yes
Workday Core Financials -
AP and Payments
143 Finance Accounts Payable Provide vendor self-
service functionality
Registered vendors can inquire on their payment history via a self-service portal. 3 5 Y - Yes Workday Procurement 144 Finance Accounts Payable Provide vendor self-
service functionality
Vendors can identify services they provide (commodity codes) via a self-service portal.
3 3 Y - Yes
Workday Core Financials -
AP and Payments
Vendors can identify the services they provide when registering and/or submitting an invoice via self-service portal.
145 Finance Accounts Payable Provide vendor self-
service functionality
System can create and maintain vendor registration files with the following information: Name(s) and Address(es) including dba's.
3 3 Y - Yes
Workday Core Financials -
AP and Payments
146
Finance Accounts Payable Provide vendor self-
service functionality
System allows vendors to review and submit updates for the following information: Payment Method.
1 5
Y - Yes
Workday Procurement,
Workday Core Financials -
AP and Payments
147 Finance Accounts Payable Provide vendor self-
service functionality
System allows vendors to review and submit updates for the following information: Local Preference.
1 3 Y - Yes Workday Procurement Yes, this will be possible with a custom field. 148
Finance Accounts Payable Provide vendor self-
service functionality
System allows vendors to review and submit updates for the following information: Tax Identification/Social Security Number, Exempt/Non-Exempt. 1 3
Y - Yes Workday Procurement
149
Finance Accounts Payable Provide vendor self-
service functionality
System allows vendors to review and submit updates for the following information: System generated vendor # with validation by Accounts Payable. 1 3 Y - Yes
Workday Core Financials -
AP and Payments,
Workday Procurement
209 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
150 Finance Accounts Payable Provide vendor self-
service functionality
System allows vendors to review and submit updates for the following information: License Type (Permit, Registration, Contractor, Professional). 1 5 Y - Yes Workday Procurement 151
Finance Accounts Payable Provide vendor self-
service functionality
System allows vendors to review and submit updates for the following information: License Number (If applicable). 3 5
Y - Yes
Workday Procurement,
Workday Core Financials -
AP and Payments Yes, can also be done with a custom field if necessary. 152 Finance Accounts Payable Provide vendor self-
service functionality
System allows vendors to review and submit updates for the following information: NIGP Commodity Code(s). 3 3 Y - Yes Workday Procurement Supported. In Workday, you can customize fields in external supplier sites for supplier self-registration.
153
Finance Accounts Payable Provide vendor self-
service functionality
System allows vendors to review and submit updates for the following information: Duns Number (If available or applicable).
3 3
Y - Yes Workday Procurement
In Workday one can use the supplier portal to enable suppliers to maintain their own data, such as addresses and settlement banking information, and to submit their own updates. Suppliers can also:
• View their purchase orders.
• View and load catalogs.
• View and respond to request for quotes (RFQs).
• View and create invoices from PO.
• View payments.
• View remittance files.
• View consigned inventory.
This streamlines invoice processing and payment activity, and improves supplier maintenance.
You can enable users to make changes to these areas on the supplier portal:
• Contact information.
• Settlement bank accounts.
• Alternate names.
• Classifications, spend category hierarchies.
154
Finance Accounts Payable Provide vendor self-
service functionality
System allows vendors to review and submit updates for the following information: Preferred remittance option and remittance instructions. 1 5 Y - Yes Workday Procurement
Yes, Supported. Workday allows suppliers (vendors) to submit new, an d updated supplier settlement bank accounts for review and approval.
155 Finance Accounts Payable Provide vendor self-
service functionality
System allows vendors to review and submit updates for the following information: Website (If available). 3 3 Y - Yes Workday Procurement Supported. In Workday, you can customize fields in external supplier sites for supplier self-registration.
156
Finance Accounts Payable Provide vendor self-
service functionality
System allows vendors to review and submit updates for the following information: Independent Contractor Status.
1 5
Y - Yes Workday Procurement
In Workday one can use the supplier portal to enable suppliers to maintain their own data, such as addresses and settlement banking information, and to submit their own updates. Suppliers can also:
• View their purchase orders.
• View and load catalogs.
• View and respond to request for quotes (RFQs).
• View and create invoices from PO.
• View payments.
• View remittance files.
• View consigned inventory.
This streamlines invoice processing and payment activity, and improves supplier maintenance.
You can enable users to make changes to these areas on the supplier portal:
• Contact information.
• Settlement bank accounts.
• Alternate names.
• Classifications, spend category hierarchies.
Lastly, in Workday, you can customize fields in external supplier sites for supplier self-registration.
157
Finance Accounts Payable Provide vendor self-
service functionality
Ability to allow vendor to attach electronic documents such as W-9, certificate of liability insurance, additional insured endorsement, licenses, and etc. 1 5 Y - Yes
Workday Procurement,
Workday Core Financials -
AP and Payments
Supported. In Workday, you can customize fields in external supplier sites for supplier self-registration. There is an option to allow document attachments.
158 Finance Accounts Payable Provide vendor self-
service functionality
Vendor registrations and information changes are sent via a workflow for approval by purchasing staff.
1 5 Y - Yes Workday Procurement
159
Finance Accounts Payable Provide vendor self-
service functionality
Ability to alert vendors that they already registered (e.g. search by TIN, SSN, address, commodity code and other fields) and then suspend further entry. 3 0 Y - Yes
Workday Procurement,
Workday Core Financials -
AP and Payments
160
Finance Accounts Payable Provide vendor self-
service functionality
Ability to restrict addition of a vendor unless the vendor profile/application is complete with all required and applicable information including automated W-9 verification and insurance (as required) documentation. 3 4
Y - Yes Workday Procurement
161 Finance Accounts Payable Provide vendor self-
service functionality
Ability to restrict vendors from changing City-specified information. 3 5 Y - Yes Workday Procurement Yes, in Workday, you can control which fields suppliers (vendors) will have the ability to enter and/or change.
162 Finance Accounts Payable Provide vendor self-
service functionality
Ability to view bid tabulation results online. 3 3 Y - Yes Workday Procurement 163 Finance Accounts Payable Provide vendor self-
service functionality
Vendors can set a preference for email or mailed purchase orders. 3 5 Y - Yes Workday Procurement Supported. In Workday, you can customize fields in external supplier sites for supplier self-registration.
164 Finance Accounts Payable Provide vendor self-
service functionality
Ability to utilize vendor self-service to send purchase orders to vendors. 3 5 Y - Yes Workday Procurement 210 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
165 Finance Accounts Payable Provide vendor self-
service functionality
Communications can be sent via the self-service portal to all vendors listed on a bid list. 3 5 Y - Yes Workday Procurement
166 Finance Accounts Payable Create AP reports Ability to track and report payments by department, vendor, account distribution, check or ACH number, date and amount. . 3 5 Y - Yes Workday Core Financials -
AP and Payments
167 Finance Accounts Payable Create AP reports Ability to drill-down from summary level reports to detail levels for vendor, encumbrance and invoice/payment information. 3 4 Y - Yes Workday Core Financials -
AP and Payments
168
Finance Accounts Payable Create AP reports Ability to automatically generate performance measures on the AP process (e.g., number of errors on invoice entry, time to process an invoice, etc.). 3 5 Y - Yes
Workday Core Financials -
AP and Payments
As a part of the Business Process, authorized users (supervisors) can review/edit/approve enter invoices. All invoice entry is done on an individual invoice basis and not in a batch.
169 Finance Accounts Payable Create AP reports Ability to define specific search criteria (summary and detail) and limits while performing an inquiry. 1 5 Y - Yes
Workday Core Financials -
AP and Payments
170
Finance Accounts Payable Create AP reports Ability to print a Capital Asset Expenditure report which includes daily reporting from Accounts Payable to show those assets that were coded towards capital accounts.
3 4
Y - Yes
Workday Core Financials -
AP and Payments
171 Finance Accounts Payable Create AP reports Ability to provide document history retrieval linking requisitions to purchase orders, invoices, and checks. 3 4 Y - Yes
Workday Core Financials -
AP and Payments
172
Finance Accounts Payable Create AP reports Ability to view a check register for multiple accounts, which contains a cumulative list of all checks issued, including those later canceled. 3 5 Y - Yes
Workday Core Financials -
Cash Management and
Banking
173
Finance Accounts Payable Create AP reports System can update check register based on data received from the bank. 3 5
Y - Yes
Workday Core Financials -
Cash Management and
Banking
174
Finance Accounts Payable Create AP reports Ability to view a check register for multiple payment methods i.e. garnishments, welfare.
1 4
Y - Yes
Workday Core Financials -
Cash Management and
Banking, Workday Core
Financials - AP and
Payments
175
Finance Accounts Payable Create AP reports Ability to view check register daily to certify check funds.. 1 4
Y - Yes
Workday Core Financials -
Cash Management and
Banking
176
Finance Accounts Payable Create AP reports Ability to view check register that includes voided checks, including voided amount.
1 4
Y - Yes
Workday Core Financials -
Cash Management and
Banking
177 Finance Accounts Payable Create AP reports System updates other modules based on AP payments (e.g. paying an invoice related to a project updates data in the project module). 3 5 Y - Yes Workday Core Financials -
AP and Payments
178 Finance Accounts Receivable Create an Invoice Ability to create one-time invoices (i.e., one-time customers for miscellaneous sales).
1 3 Y - Yes
Workday Core Financials -
AP and Payments
179 Finance Accounts Receivable Create an Invoice System allows for decentralized invoice entry that will be sent to finance for final approval of the invoice before it's sent to the customer. 1 3 Y - Yes
Workday Core Financials -
AP and Payments
180 Finance Accounts Receivable Create an invoice System can track receivables and generate statements that aggregate all outstanding charges for a customer.
4 4 Y - Yes
Workday Core Financials -
AR and Collections
181 Finance Accounts Receivable Create an invoice Ability to establish a series of department specific bill types for various charges. 3 3 Y - Yes Workday Core Financials -
Billing & Invoicing
182
Finance Accounts Receivable Create an invoice Ability to accommodate various bill calculation methods using rate tables (e.g., flat rate, unit charge, flat rate plus a unit charge, etc.). 3 3 Y - Yes
Workday Core Financials -
Billing & Invoicing
Additional information is required to fully respond to
requirements. Workday allows you to set up specific Sales Items with pricing per unit of measure. We can also accommodate time billing - with rate tables - in Project Billing.
183
Finance Accounts Receivable Create an invoice Ability to establish bill types and rate tables and schedules for each with the ability for authorized users to change these default rates on invoices. 2 2
Y - Yes
Workday Core Financials -
AP and Payments,
Workday Core Financials -
Billing & Invoicing
This depends greatly on the level of complexity of your rates and rate tables. Workday can support up to a point, but is not designed to be a Utility Billing System.
184 Finance Accounts Receivable Create an invoice System has a user configurable invoice template. 2 3 Y - Yes Workday Core Financials -
Billing & Invoicing
185 Finance Accounts Receivable Create an invoice Users can create recurring invoice that will be automatically sent at user defined intervals.
1 5 Y - Yes
Workday Core Financials -
AP and Payments
186 Finance Accounts Receivable Create an invoice System can store attachments with an invoice. 1 5 Y - Yes Workday Core Financials -
Billing & Invoicing
187 Finance Accounts Receivable Create an invoice Users can configure whether attachments print with an invoice or are stored internally.
1 5 Y - Yes
Workday Core Financials -
Billing & Invoicing
188 Finance Accounts Receivable Create an invoice System has the ability to set up charge codes for common items, with specific dollar amounts and GL accounts tied to each code.
2 2 Y - Yes
Workday Core Financials -
Billing & Invoicing
189
Finance Accounts Receivable Create an invoice Ability to record billing line items as deferred revenue. 3 3
Y - Yes
Workday Core Financials -
Billing & Invoicing
Supported. In Workday, when you approve billable transactions, you can accrue revenue by generating revenue installments using either of these tasks:
• Create Revenue Installments for Billable Transactions • Schedule Revenue Installments for Billable Transactions 190 Finance Accounts Receivable Create an invoice Ability to establish payment terms (number of days until due) based on bill type. 2 4 Y - Yes Workday Core Financials -
Billing & Invoicing
191 Finance Accounts Receivable Maintain customer file System can have parent/child relationships between customer records (e.g. link owner of building to tenants).
4 4 Y - Yes
Workday Core Financials -
Billing & Invoicing
192 Finance Accounts Receivable Maintain customer file System allows users to enter notes in customer file that other users can view when pulling up the customer record. 2 4 Y - Yes
Workday Core Financials -
Billing & Invoicing
211 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
193 Finance Accounts Receivable Maintain customer file System can restrict access to who can view certain data fields. 2 2 Y - Yes Workday Core Financials -
AR and Collections
194 Finance Accounts Receivable Maintain customer file System can track physical address and mailing address separately. 4 4 Y - Yes Workday Core Financials -
AR and Collections
195 Finance Accounts Receivable Maintain customer file System stores customer data such as account number, name, payment history etc. 2 4 Y - Yes
Workday Core Financials -
Revenue Management
196 Finance Accounts Receivable Maintain customer file System allows users to view payment history and all outstanding charges for a customer. 2 4 Y - Yes
Workday Core Financials -
Billing & Invoicing
197 Finance Accounts Receivable Maintain customer file System can detect and prevents potential duplicate entries when a user attempts to create a new customer record. 3 3 Y - Yes
Workday Core Financials -
Billing & Invoicing
198
Finance Accounts Receivable Maintain customer file Customer records can be merged into a single record while maintaining the complete history of the original record. 2 5
Y - Yes
Workday Core Financials -
Billing & Invoicing
Workday does not merge destructively, but allows you to link existing vendor records to gather to maintain history and support consolidated reporting records.
199
Finance Accounts Receivable Maintain customer file System can integrate with GIS system, so property owner records stored in GIS can be used to update customer records in the customer file. 5 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
Workday can be integrated to any third-party system using Workday’s delivered web services and robust integration tools assuming the third-party software has some technical ability to integrate. If an integration to a 3rd party system or solution is not available, our customers can create their own integrations at liberty without additional licensing costs as the Workday Integration Cloud and the associated tooling are included in your Workday Service Subscription.
200 Finance Accounts Receivable Maintain customer file Users can inactivate a customer account, which restricts transactions from being posted to that account. 2 2 Y - Yes
Workday Core Financials -
Billing & Invoicing
201 Finance Accounts Receivable Send invoices to
customers
Ability to reprint billings/invoices. 2 2 Y - Yes
Workday Core Financials -
Billing & Invoicing
202 Finance Accounts Receivable Send invoices to
customers
Ability to generate one statement for all bill types being billed to same customer. 4 4 Y - Yes Workday Core Financials -
Billing & Invoicing
203 Finance Accounts Receivable Send invoices to
customers
Ability to email invoices to a customer. 5 5 Y - Yes
Workday Core Financials -
Billing & Invoicing
204
Finance Accounts Receivable Send invoices to
customers
Ability to print invoices.
2 2
Y - Yes
Workday Core Financials -
AR and Collections,
Workday Core Financials -
Billing & Invoicing
205
Finance Accounts Receivable Send invoices to
customers
System can automatically print or email an invoice based on preference defined in the customer file.
3 5
Y - Yes
Workday Core Financials -
AR and Collections,
Workday Core Financials -
Billing & Invoicing
Supported. You can print an invoice to mail to a customer or the system can automatically create a PDF formatted version and send it to the customer as an attachment via email.
You can include one or more attachments with the customer invoice email along with the Workday Customer Invoice PDF file, enabling you to send additional billing information to your customers, such as a detailed billing statement. Additionally, Workday also provides the ability to automatically attach expense report receipts to a customer invoice, when customers require such support for project related expense reimbursement.
Workday also allows you to BOTH email and mail customer invoices to multiple recipients.
206
Finance Accounts Receivable Process a customer
payment
System can identify returned or non-sufficient funds checks and create an associated fee.
3 3
Y - Yes
Workday Core Financials -
Billing & Invoicing,
Workday Core Financials -
AR and Collections
You can return customer payments that a bank has rejected or returned due to various errors such as non-sufficient funds.
Payment returns are different from refunds. You can create a refund only when there’s a credit adjustment or on-account balance for a customer payment.
207 Finance Accounts Receivable Process a customer
payment
System supports direct debit functionality, so customers can sign up for auto- payments of invoices.
5 5 Y - Yes
Workday Core Financials -
Billing & Invoicing
208 Finance Accounts Receivable Process a customer
payment
System can generate a payment plan for an outstanding receivable and track the status of individual payments.
5 5 Y - Yes
Workday Core Financials -
AR and Collections
209 Finance Accounts Receivable Process a customer
payment
System can prevent duplicate payments from being applied to an invoice after it has been fully paid.
2 2 Y - Yes
Workday Core Financials -
AP and Payments
Yes, Workday can use validation rules to prevent AP duplicate payments.
210 Finance Accounts Receivable Process a customer
payment
Ability to apply overpayment amounts to other invoices for a customer. 3 3 Y - Yes Workday Core Financials -
Billing & Invoicing
211 Finance Accounts Receivable Process a customer
payment
Ability to process refunds against customer credit balance from overpayment. 5 5 Y - Yes Workday Core Financials -
AR and Collections
212
Finance Accounts Receivable Apply late fees and
penalties
System can calculate interest and penalties using a percentage of bill amount. 3 3
Y - Yes
Workday Core Financials -
Billing & Invoicing
Supported. Workday provides users the ability to automatically calculate and create invoices for interest and/or late fees related to past-due customer invoices. These invoices are natively associated with the original invoice, reducing manual effort and saving time. Users also are able to print and report on finance charge invoices.
213 Finance Accounts Receivable Apply late fees and
penalties
System can calculate interest and penalties using a flat fee. 3 3 Y - Yes Workday Core Financials -
Billing & Invoicing
212 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
214
Finance Accounts Receivable Adjust invoices System allows users with proper authority to adjust outstanding receivables. 2 2
Y - Yes
Workday Core Financials -
AR and Collections
Supported. You can create an invoice adjustment referenced to the original invoice to change the amount due from the customer and create the required accounting. You can decrease the amount due as a credit memo (e.g. for returns, damaged merchandise, price adjustments, and so forth). You can also increase the amount due as a debit memo.
You can also write-off customer invoices and adjustments and generate the required accounting entries.
215 Finance Accounts Receivable Manage outstanding
receivables
System can generate an accounts receivable aging based on user criteria. 2 2 Y - Yes Workday Core Financials -
AR and Collections
216
Finance Accounts Receivable Manage outstanding
receivables
System allows users to create a list of invoices to be written off, and send list for approval via a workflow.
5 5
Y - Yes
Workday Core Financials -
Billing & Invoicing
Supported. Workday provides several search filters to help you identify those invoices most likely to be written off. Once identified you have the ability to write-off different amounts of an invoice for different reasons (reasons are configurable). For example, you could write-off $1000 for a quality issue and $150 for bad debt on the same invoice. Additionally, Workday gives you the ability to manage and write-off multiple invoices at the same time. For example, if you wanted to write-off a group of invoices for the same reason, you would simple enter a header write-off reason, select the invoices you want to write off, and the system will default that write-off reason onto all the invoices selected, making it easy and saving you time. Workday automatically creates accounting entries for written-off debt.
Workday delivers a business process to implement approvals, notifications, and audit of write-offs.
217 Finance Accounts Receivable Manage outstanding
receivables
System can track which invoices have been sent to collections. 4 4 Y - Yes Workday Core Financials -
AR and Collections
218
Finance Accounts Receivable Manage outstanding
receivables
System can automatically generate listing of overdue receivables once they have passed a certain threshold (e.g. list of all invoices over 30 days past due), and send list to a designated user.
5 5
Y - Yes
Workday Core Financials -
AR and Collections
219
Finance Accounts Receivable Manage outstanding
receivables
Ability to flag if an invoice is being disputed on the customer record. 5 5
Y - Yes
Workday Core Financials -
Billing & Invoicing
Workday helps you identify and manage disputed invoices, invoices in collection, and invoices on hold. Invoices can be marked as on hold, in dispute, in collection, or as any combination.
For invoices in dispute, you can assign one or more dispute reasons, amount, date, payment amount promised, follow-up date, and any notes you want to capture on the invoice in dispute.
Reason code lets you classify contested invoices into categories such as quality issue, duplicate charge, or not satisfied, for further analysis.
Likewise, you can assign a collection code, amount, date, payment amount promised, and follow-up date, and any notes you want to capture on the invoice in collection. Collection code enables you to track invoices in collection, capturing attributes such as first and final notice, partial payment plan, and collection agency.
When you view a customer invoice, you have visibility into all hold, collection, and dispute information.
Workday provides a Customer Invoices Requiring Action report that enables you manage invoices that may require action and only displays invoices that are late, on hold, in collection, or in dispute (drilldown and action can be taken from this report). This report can be used as the basis for custom reports that meet your specific criteria for invoices that require attention.
220 Finance Accounts Receivable Report on outstanding
receivables
Users can specify a date range and system will show them all outstanding invoices created during that time.
5 5 Y - Yes
Workday Core Financials -
Billing & Invoicing
221 Finance Accounts Receivable Report on outstanding
receivables
Users can run an aging report to view outstanding receivables, by due date, by department.
4 4 Y - Yes
Workday Core Financials -
AR and Collections
222
Finance Accounts Receivable Process write-offs System can generate listing of write-offs of uncollectable accounts based on user criteria and process entry with workflow approval.
5 5
Y - Yes
Workday Core Financials -
Billing & Invoicing
Workday provides several search filters to help you identify those invoices most likely to be written off. Once identified you have the ability to write-off different amounts of an invoice for different reasons. For example, you could write-off $1000 for a quality issue and $150 for bad debt on the same invoice. Additionally, Workday gives you the ability to manage and write-off multiple invoices at the same time. For example, if you wanted to write-off a group of invoices for the same reason, you would simple enter a header write-off reason, select the invoices you want to write off, and the system will default that write-off reason onto all the invoices selected, making it easy and saving you time. Workday delivers a business process to implement approvals, notifications, and audit of write-offs.
213 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
223
Finance Accounts Receivable Process write-offs System can write-off all line items on an invoice at one time. 5 5
Y - Yes
Workday Core Financials -
Billing & Invoicing
An invoice may have multiple lines that are credited to multiple departments. However, each individual invoice line will only generate one line of GL distribution.
224
Finance Accounts Receivable Generate Receivables
based on grant
reimbursements
System can generate a receivable based on pending reimbursements from the grants module. 5 5
Y - Yes
Workday Grants
Management
225
Finance Bank Reconciliation Integrate with bank System will accommodate an automatic posting of cash and/or investment accounts from data file sent by bank on a daily or other user defined schedule (example: wire transfers in/out, ACH transfers in/out, bank charges, interest and investment earnings etc.
5 3
Y - Yes
Workday Core Financials -
Cash Management and
Banking
226
Finance Bank Reconciliation Integrate with bank System will download bank activity and balances and reconcile to recorded receipts and disbursements and cash flow forecast. 5 3
Y - Yes
Workday Core Financials -
Cash Management and
Banking
Basic Cash forecasting - utilizing input from procurement and other systems - is standard Workday functionality.
227
Finance Bank Reconciliation Integrate with bank Ability to import a list of cleared checks from the bank for each account. 3 2
Y - Yes
Workday Core Financials -
Cash Management and
Banking
228
Finance Bank Reconciliation Integrate with bank Ability to accept paid check image file from bank which will update the appropriate sub-system (check register) in the relevant area. 5 2 Y - Yes
Workday Core Financials -
Cash Management and
Banking
This may be technically feasible but is not standard Workday functionality.
229
Finance Bank Reconciliation Reconcile transactions System can automatically detect matching transactions from the bank and provide list of exceptions to the user performing the reconciliation. 5 4 Y - Yes
Workday Core Financials -
Cash Management and
Banking
230
Finance Bank Reconciliation Reconcile transactions System will provide detail on outstanding checks and reconcile to bank activity. 3 2
Y - Yes
Workday Core Financials -
Cash Management and
Banking
231
Finance Bank Reconciliation Reconcile transactions System can reconcile multiple bank accounts. 5 2
Y - Yes
Workday Core Financials -
Cash Management and
Banking
232
Finance Bank Reconciliation Reconcile transactions Users can drill down from entry in reconciliation screen to corresponding transaction in the sub-ledger to see transaction details. 5 5 Y - Yes
Workday Core Financials -
Cash Management and
Banking
233
Finance Bank Reconciliation Reconcile transactions Reconciliation can be completed by one user and sent for approval to another user via workflow. 5 2
Y - Yes
Workday Core Financials -
Cash Management and
Banking
234
Finance Bank Reconciliation Reconcile transactions Ability to separately deposit and reconcile credit cards by Visa/MasterCard/Discover and American Express. 4 4
Y - Yes
Workday Core Financials -
Cash Management and
Banking
May require creation/inclusion of a unique Worktag or other identifier on imported transactions.
235
Finance Bank Reconciliation Reconcile transactions Ability to manually indicate that a check has been cashed and make corrections with an audit trail. . 3 3
Y - Yes
Workday Core Financials -
Cash Management and
Banking
236
Finance Bank Reconciliation Reconcile transactions Ability to track manual check issues, voids, and replacements and original dollar amount of voided check. 3 3
Y - Yes
Workday Core Financials -
Cash Management and
Banking
237
Finance Bank Reconciliation Reconcile transactions Ability to notify, track, and monitor the resolution of adjustments that need to be made as a result of an error identified within bank reconciliation. 5 4 Y - Yes
Workday Core Financials -
Cash Management and
Banking
238
Finance Bank Reconciliation Reconcile transactions Ability to enter adjustments through a journal voucher with proper authorization. 3 2
Y - Yes
Workday Core Financials -
Cash Management and
Banking
239
Finance Bank Reconciliation Reconcile transactions Ability to track user performing the reconciliation. 5 2
Y - Yes
Workday Core Financials -
Cash Management and
Banking
240
Finance Bank Reconciliation Reconcile transactions Ability to track check status including outstanding, cleared, stale-dated, replaced, returned, and voided. 4 3
Y - Yes
Workday Core Financials -
Cash Management and
Banking
241
Finance Bank Reconciliation Reconcile transactions Ability to execute a process to remove stale dated checks from the list of outstanding checks and create the corresponding journal entry. 5 2 Y - Yes
Workday Core Financials -
Cash Management and
Banking
214 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
242
Finance Budget Create a budget Budgets can be created on a two-year basis. 1 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
You can define as many budget structures as you require.
Examples of budget structures are budget, forecast, and latest estimate. In addition, each budget structure can have associated templates that define year and version.
Workday supports multiple-company and multiple currency budget entry.
Workday also supports parent and child relationships between budgets allowing you to control and report on high-level budget amounts while maintaining child budgets at a more granular level.
With Workday, you can create budgets using project phases or tasks, enabling you to develop a more granular view of project costs and identify budget variances in more detail.
Workday also delivers the ability to do budgeting and forecasting as well as import budgets and forecasts from external tools. 243
Finance Budget Create a budget Budgets can be created for multiple separate entities (City, Fire, Public Financing Authority).
1 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
You can define as many budget structures as you require.
Examples of budget structures are budget, forecast, and latest estimate. In addition, each budget structure can have associated templates that define year and version.
Workday supports multiple-company and multiple currency budget entry.
Workday also supports parent and child relationships between budgets allowing you to control and report on high-level budget amounts while maintaining child budgets at a more granular level.
With Workday, you can create budgets using project phases or tasks, enabling you to develop a more granular view of project costs and identify budget variances in more detail.
Workday also delivers the ability to do budgeting and forecasting as well as import budgets and forecasts from external tools. 244
Finance Budget Create a budget Ability to require budgets made at the object level of the COA. 1 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
You can define as many budget structures as you require.
Examples of budget structures are budget, forecast, and latest estimate. In addition, each budget structure can have associated templates that define year and version.
Workday supports multiple-company and multiple currency budget entry.
Workday also supports parent and child relationships between budgets allowing you to control and report on high-level budget amounts while maintaining child budgets at a more granular level.
With Workday, you can create budgets using project phases or tasks, enabling you to develop a more granular view of project costs and identify budget variances in more detail.
Workday also delivers the ability to do budgeting and forecasting as well as import budgets and forecasts from external tools. 245
Finance Budget Create a budget Users can submit budget requests for approval. 2 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
Supported. Workday's business process framework is integral to the way the system operates. All budget in the system can be reviewed and approval required, based on the business process configuration. This includes both budgets as they are created in Workday Adaptive Planning or in budgets generated in third party applications and loaded in, depending on the desired behavior. 246
Finance Budget Create a budget Users can attach supporting documentation to budget requests. 2 4
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
215 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
247
Finance Budget Create a budget Users can submit "decision packages", that contain multiple expense/revenue line items, as part of their budget request. The system will allow the approver to accept or deny each package separately as part of the budget approval process. 1 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
In Workday, enter or upload plan or budget values. On the plan or budget structure, select the option to require approvals and amendments. Configure the Plan Event business process and corresponding security policy.
You can review a company's plan or budget to ensure that it's complete, then submit for approval. You can use the approved plan or budget in financial reporting and budget checking during various transactions.
Access the Submit Plan task. and select the Plan Structure and Company for the plan or budget that requires approval.
For a true parent-child plan hierarchy, Workday issues a validation upon submission if the linked child amounts exceed the parent amounts. You can then adjust the amounts and resubmit.
If you configured custom validations for plan lines, Workday issues those validations upon submission. You can access the Plan Lines with Custom Validations report to view plan lines with validation errors and warnings.
Workday initiates the Plan Event business process and sends an inbox item to the reviewer to approve or deny the plan or budget.
Once approved, you can only change the plan or budget values with amendments.
248
Finance Budget Create a budget Decision packages can include a description, funding amount by GL account, and labor distributions. 1 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
All description fields in Workday are free-form and can accept very large amounts of text. (2000+ Characters)
249
Finance Budget Create a budget Users can view their previously denied budget requests. 1 4
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
250
Finance Budget Create a budget Budget requests can be zero based or based on prior year budget, actuals, or forecast. 1 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
251
Finance Budget Create a budget System allows users to choose to copy previous year's budget request into the new request by each line item.
3 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
252
Finance Budget Create a budget System copies notes associated with line items copied from the previous budget. 1 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
253
Finance Budget Create a budget System allows users to calculate line item request by taking a percentage of the previous year's budget. 3 4
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
254
Finance Budget Create a budget System can maintain a requested, recommended, and approved budget. 3 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
255
Finance Budget Create a budget Users can link specific expenditures to specific revenue sources in their budget requests.
2 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
256
Finance Budget Create a budget Users can see previous years' labor history (hours by code by department or individual staff) to facilitate chargebacks to departments. 2 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
257
Finance Budget Create a budget Users can create detailed line item descriptions for each budget line. 1 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
258
Finance Budget Create a budget Ability to maintain at least 5 budget versions per fiscal year: (requested, proposed, current, approved, amended, projected/forecast). 4 4
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
259
Finance Budget Create a budget Ability to maintain multiple stages of budget development before the final recommended version. (i.e. Department requested, reduction scenarios, etc.). 2 4 Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
260
Finance Budget Create a budget Ability to maintain, track, and report up to 5 discrete budget request types per fiscal year: (department recurring, department non-recurring, etc.). 4 4
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
261
Finance Budget Create a budget Ability to allow for departmental budget entry in an account listing style, such as by account, functional area, etc.
1 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
262
Finance Budget Create a budget Ability to view progress by departments in budget preparation, as defined in user setup. 2 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
263
Finance Budget Create a budget Ability to approve all requested budget amounts at the same time, or all requests for a defined department or account range.
2 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
264
Finance Budget Create a budget Ability to configure security access to budget development and view based on department and organization. 1 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
216 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
265
Finance Budget Create a budget Ability to customize budget scenarios based on specific department scenarios and global scenarios. 4 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
266
Finance Budget Create a budget Ability to perform budget preparation global changes (e.g. fringe benefits, merit increases, inflation). 1 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
267
Finance Budget Create a budget Ability to allocate costs globally or to individual departments based upon percentage increase/decrease. 1 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
268
Finance Budget Create a budget Ability to allow for users to input and view internal review comments per budget item/line. 1 4
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
269
Finance Budget Create a budget Ability to allow for configuration of which accounts require line item detail with the budget request. 3 4
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
270
Finance Budget Create a budget Ability to identify capital items in the budget with a capital item descriptor, specific to accounts. 1 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
271
Finance Budget Create a budget Ability to generate proposed budget data by extrapolating multi-year historical financial data using user-defined criteria/specifications. 3 5 Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
This is best handled with Workday Optional SKU: Adaptive Insights.
272
Finance Budget Create a budget Ability to limit changes within the unadopted budget after a certain point in the budget process has been reached, and require appropriate user authorization to implement any changes.
1 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
273
Finance Budget Create a budget Ability to limit user entry of specific accounts vs. central office budget planning (salaries). 3 4
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
274
Finance Budget Create a budget Ability to perform multiple methods of departmental budget entry (e.g. departmental account listing, one account at a time, etc.). 1 5 Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
275
Finance Budget Create a budget Ability for each department to customize their budget entry view, including the option to show previous two years actuals, current year estimated to date, current year actuals to date, and budget to actual variances. 2 4
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
276
Finance Budget Create a budget Ability to set a default budget entry view. 1 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
277
Finance Budget Create a budget Ability to allow departments to customize their budget entry view, including the ability to see the following: two previous year actuals, current year estimated to date, current year actuals to date, current year budget vs. actual (variances). 4 5 Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
278
Finance Budget Create a budget Ability for users to directly inquire by account on current and prior years actual activity during budget entry (i.e. drilldown on financial detail). 2 5 Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
279
Finance Budget Create a budget Ability to import developed budget information, developed in Excel, into the budget planning system. Users can use the upload process for some line items and enter other line items via budget entry screen.
4 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
280
Finance Budget Create a budget Ability to generate budget schedules from the system, with support for multiple groupings (i.e., Function, activities, revenue source). 4 5 Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
281
Finance Budget Create a budget Ability to plan future-dated transfers or change of positions between departments/funds. 4 4
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
282
Finance Budget Create a budget Ability to enter a total budget amount and designate a method for the system to spread (e.g. equal amounts over 12 months). 4 4
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
283
Finance Budget Create a budget Ability to budget by month. System should allow budget to be zero in some months. 3 4
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
284
Finance Budget Create a budget Ability for users to choose to enter a budget by month for a particular line item or allow the system to automatically spread the annual line item budget across all months.
2 3
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
285 Finance Budget Create a capital budget Users can submit requests for capital projects to be included in the 5-year CIP. 3 5 Y - Yes Workday Projects 286 Finance Budget Create a capital budget Capital budgets can be prepared on a 5-year rolling basis. 3 5 Y - Yes Workday Projects 287
Finance Budget Create a capital budget Ability to generate a project charter / scope document from the capital project budget data, similar to a budget book but for CIP budgets. 5 5 Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis The data can be stored in Workday and reports can be configured. 288
Finance Budget Create a capital budget Users can specify expected funded sources when submitting capital project requests. 3 5
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
For Capital Projects, Funding Sources are maintained via a relationship of funding sources to projects.
289 Finance Budget Create a capital budget Ability to integrate with Fixed Asset module to assist with analyzing equipment replacement (including replacement criteria). 5 4 Y - Yes Workday Core Financials -
Asset Management
217 of 663
City of San Mateo, CA
RFP for the ERP Replacement Project
Requirements
290
Finance Budget Create a capital budget Ability to classify capital project requests and provide reporting by classification or type (City can configure the categories). 2 4
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
291 Finance Budget Create a capital budget Ability to enter CIP general information and project categorization (e.g. description, map reference, notes). 2 4 Y - Yes Workday Projects 292
Finance Budget Create a capital budget Ability to rank CIP projects based on selected criteria and score against this criteria. 5 4
Y - Yes
Workday Core Financials -
Financial Reporting &
Analysis
In Workday this best achieved, using optional SKU Workday: