Loading...
CM-2026-091 - 4/3/2026 AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND UKG KRONOS SYSTEMS,LLC FOR THE PURCHASE OF TELESTAFF SCHEDULING SOFTWARE THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § This Agreement for the purchase of Telestaff scheduling software (the "Agreement") is made and entered into this the 3 day of , 2026, (the "Effective Date") by and between the CITY OF ROUND ROCK, TE AS, a home-rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and UKG KRONOS SYSTEMS. LLC, whose offices are located 900 Chelmsford Street, Lowell,MA 01851 referred to herein as "Vendor." RECITALS: WHEREAS,City desires to purchase of Telestaff Scheduling Software; and WHEREAS, City is a member of the Omnia Partners (the"Co-op") and Vendor is an approved Co-op vendor through Co-op Contract#24-6833 (https://www.omniapartners.com/suppliers/ukg/public-sector/contract-documents#c17473) i and WHEREAS, City desires to purchase certain goods and/or services from Vendor through the Co-op as set forth herein; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; WHEREAS, the City, as an eligible Participating Public Agency, shall assume the rights and obligations of the Customer (as defined in the Co-Op). The terms and conditions of the Co- Op, as amended by this Agreement, shall govern when the City makes purchases of Services. In the event of a conflict between this Agreement and the Co-Op,this Agreement shall govern. NOW,THEREFORE,in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.0 DEFINITIONS A. Agreement means this binding legal contract between City and Vendor whereby City agrees to purchase specified goods and/or services and Vendor is obligated to sell same. The 1 , '' �r c CM— 201(o ' 04 Agreement includes any exhibits, addenda, and/or amendments thereto. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date set out in the introductory paragraph above. D. Goods and Services mean the specified services,supplies,materials,commodities, or equipment. E. Vendor means UKG Kronos Systems, LLC,or any successors or assigns. 2.0 EFFECTIVE DATE AND TERM A. This Agreement shall remain in full force and effect until it expires as indicated below or is terminated in accordance with Section 14.0. B. The term of this Agreement shall begin with the Effective Date and end on the 13th day of July 2029. 3.0 SCOPE OF WORK A. The goods and related services which are the subject matter of this Agreement are described generally herein and referenced in in the attached Exhibit "A," incorporated herein by reference for all purposes B. This Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. C. Vendor shall provide all deliverables and services described herein and referenced in Exhibit"A"within the contract term specified. A change in the Scope of Services or any term of this Agreement, including bonding requirements, must be negotiated and agreed to in all relevant details, and must be embodied in a valid Supplemental Agreement as described herein. 4.0 COSTS A. In consideration for the Goods and Services to be provided by Vendor, City agrees to pay Vendor the amounts set forth in Exhibit"A". B. The City is authorized to pay the Vendor an amount not-to-exceed $65,822.71, for the term of this Agreement. 5.0 INVOICES All invoices shall include, at a minimum,the following information: 1. Name and address of Vendor; 2IP c 2. Description and quantity of items or services received; and 3. Term dates. 6.0 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement if the governing body of City does not appropriate funds sufficient to purchase the Goods and Services as determined by City's budget for the fiscal year in question.City may affect such termination by giving the Vendor written notice of termination in accordance with Exhibit C, Section 7.2.3 "Termination for Non-Appropriation of Funds"of the Co-Op. 7.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor will be made within thirty(30) days of the date City receives Goods and Services under this Agreement,the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the Goods and Services, whichever is later. Vendor may charge interest on an overdue payment at the rate in effect on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: 1. There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or 2. There is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or 3. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or 8.0 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition,Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 31 P c 9.0 TAXES City is exempt from Federal Excise and State Sales Tax;therefore,tax shall not be included in Vendor's charges. If requested,City shall provide Vendor with a valid tax exemption certificate authorized and honored by applicable taxing authorities that covers all Taxes. 10.0 INSURANCE Vendor shall procure and maintain, at all times and at its own expense,during the term of the Order entered into between the City and Vendor,the types of insurance(s) specified below: Commercial General Liability Vendor shall provide coverage on a Commercial General Liability Occurrence Coverage Form limits of$1,000,000.00 each occurrence and $2,000,000.00 annual aggregate. Limits may be achieved via a combination of primary and umbrella/excess insurance. The City shall be included as an additional insured via blanket endorsement for General Liability and ongoing operations. Such protection shall be primary and non-contributory with respect to the City's insurance,but only with respect to Vendor's sole negligence. Upon written request, such blanket endorsement shall be provided to the City. Workers' Compensation Vendor shall provide Workers' Compensation Insurance as required by statute. Umbrella/Excess Liability Limits of liability of$5,000,000 per occurrence. Automobile Liability Limits of liability of at least $1,000,000 combined single limit, including but not limited to, all owned,hired and non-owned motor vehicles. Professional Liability/Errors & Omissions/Cyber Risk Liability Vendor shall maintain coverage on a Professional Liability Form (or equivalent) in the amount of$5,000,000 per claim with a$5,000,000 annual aggregate. All Risk Property Insurance Vendor shall provide All Risk Property Insurance in an amount not less than the full replacement cost of Vendor's property. Miscellaneous Vendor shall supply City with the above proof of insurance, as required upon the signing of this Agreement or at any time upon request during the term of the Order. All insurance companies for each of the coverages set forth above must be rated A- or better with a financial rating of VII or better in the most recent A.M. Best's Rating Guide. 4IPagc 11.0 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Jennifer Patton,Administrative Manager, Fire Department 221 E. Main Street. Round Rock,TX 78664 (512)218-3296 jpatton(a,roundrocktexas.gov 12.0 RESERVED. 13.0 TERM The parties agree that Section 7.1 Term of the Agreement is amended to remove the second sentence referencing an automatic renewal entirely. Only upon the City's written acknowledgement or payment of the applicable renewal invoice, at the expiration of the Initial Term, and at the expiration of each Renewal Term, each as indicated on the Order, the Services will renew for the duration indicated on the Order as the Renewal Term. 14.0 TERMINATION A. City has the right to terminate this Agreement in accordance with the terms outlined in Exhibit C, Section 7. "Term and Termination" of the Co-Op. B. In addition,the City may terminate the Subscription Services for convenience upon ninety (90) days prior written notice. Upon termination the City shall pay all the launch fees invoices and outstanding Subscription Services fees for the Subscription Services performed up to the effective date of termination. 15.0 RESERVED. 16.0 COMPLIANCE WITH LAWS A. In accordance with Chapter 2271, Texas Government Code, a governmental entity may not enter into a contract with a company for goods or services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and(2)will not boycott Israel and will not boycott Israel during the term of this contract. The signatory executing this Agreement on behalf of Vendor verifies Vendor does not boycott Israel and will not boycott Israel during the term of this Agreement. B. In accordance with Chapter 2274,Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten(10)full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a 5I I) provision verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The signatory executing this Agreement on behalf of Vendor verifies Vendor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the term of this Agreement against a firearm entity or firearm trade association. C. In accordance with Chapter 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten(10)full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision verifying that it: (1) does not boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement. The signatory executing this Agreement on behalf of Vendor verifies Vendor does not boycott energy companies, and it will not boycott energy companies during the term of this Agreement. 17.0 ASSIGNMENT AND DELEGATION The parties hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement.The terms ofExhibit C,Section 10.9"Assignment" will govern.In the event of an acquisition by,merger with or sale of all or substantially all of UKG's assets,Customer shall have the option to terminate this Agreement,provided that within thirty(30) days of UKG notifying Customer of such merger, sale or acquisition, Customer provides UKG with ninety(90)days' notice of its intent to terminate for convenience. 18.0 NOTICES A. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to recipient's physical or email address as stated below; or 2. Three(3)days after being deposited in the United States mail,with postage prepaid to the recipient's address as stated below. Notice to Vendor: Vendor: UKG Kronos Systems,LLC Attn: Larke Wamsley Address: 900 Chelmsford Street. Lowell,MA 01851 Email : larke.wamsleyna,ukg.com 6I (' c Notice to City: City Manager Stephanie L. Sandre,City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock,TX 78664 Round Rock, TX 78664 B. Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 19.0 APPLICABLE LAW, ENFORCEMENT, AND VENUE This Agreement shall be enforceable in Round Rock,Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County,Texas.This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 20.0 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City.This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 21.0 DISPUTE RESOLUTION City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement, or a breach thereof shall be decided by any arbitration proceeding,including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14) or any applicable state arbitration statute. 22.0 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void.The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 23.0 MISCELLANEOUS PROVISIONS A. Binding Agreement. This Agreement shall extend to and be binding upon and inure to the benefit of the parties' respective heirs, executors, administrators, successors and assigns. 7IP ., gc B. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF,City and Vendor have executed this Agreement on the dates indicated. UKG Kronos Systems,LLC Signed by: Iccaleytct, Part By: 7E4599F8AC5945F... Printed Name: Fabri ce Pajot Title: Sr Mgr. order Processing Date Signed: 3/13/2026 1 3:46 PM EDT City of Round Rock,Texas By: ,,� Printed Name: 30I,C 6e 1 neT Title: Cl 1" till- cif Date Signed: L ) J 1202i0 For Ci ,Attest: By: /1G14441 Ann Franklin, City Clerk For City,Approved as to Form: By. S anie L.Sandre,City Attorney . .... .... . ... . . 8IPage Exhibit "A" Quote#: Q-385581 Page 1/3 HR, Pay, & Workforce Management RENEWAL ORDER FORM Quote#:Q-385581 Date:04 Dec,2025 Customer Legal Name: Ship To:CITY OF ROUND ROCK ROUND ROCK FIRE DEPARTMENT 221 E MAIN ST ROUND ROCK,TX 78664-5271 USA Customer Legal Address: 203 COMMERCE BOULEVARD, ROUND ROCK,TX 78664 USA Bill To:CITY OF ROUND ROCK 221 E MAIN ST ROUND ROCK,TX 78664-5271 USA Bill To Contact: Payment Terms: Net 30 Days Currency:USD Customer PO Number: Solution ID: 6109318 Renewal Term: 12 months Billing Frequency: Annual Billing Type:Advance Order Notes: This Order is subject to the Master Agreement No 24-6833 entered into between Cobb County Board of Commissioner("Lead Agency")and UKG Kronos Systems,LLC("UKG")effective as of July 14th,2025(the"Omnia Master Agreement No.24-6833")and used by Customer as an Omnia Participating Public Agency. This is a 3-year contract that is billed Annually with a 4%uplift in Years 1,2,and 3: Year 1 -3/1/2026-2/28/2027-$21,086.21 Year 2-3/1/2027-2/29/2028-$21,929.66 Year 3-3/1/2028-2/28/2029-$22,806.84 A 3-year commitment with obligation of Minimum Contract Value("MCV")of$65,822.71 is required. If support is reduced or cancelled within the committed term,the financial obligation not yet satisfied, (MCV)will be due.Proposed pricing reflects current products and is, therefore,not reflective of future purchased. Contract Summary Contract Period Start Date:3/1/2026 12:00:00 AM Contract Period End Date:2/28/2027 12:00:00 AM Total Price: USD 21,086.21 The Total Price is the total billable amount(pre-tax)for the contract period listed above. Annualized Contract Value: USD 21,085.20 U KG UKG Kronos Systems LLC 900 Chelmsford Street Lowell,MA 01851 Exhibit "A" Quote#: Q-385581 Page 2/3 HR, Pay, & Workforce Management The Annualized Contract Value is the value of the contract if all services are priced for 365 days.The Annualized Contract Value does not include estimated tax.Please note that this quote may include services priced for prorated periods. Services Product Name Duration Quantity Monthly Total Total Price UKG TELESTAFF CLOUD 12 180 USD 1,497.60 USD 17,971.20 UKG TELESTAFF CLOUD 12 30 USD 259.58 USD 3,115.01 Total Price USD 21,086.21 U KG UKG Kronos Systems LLC 900 Chelmsford Street Lowell,MA 01851 Exhibit "A" Quote#:Q-385581 Page 3/3 CITY OF ROUND ROCK UKG Kronos Systems LLC Signature: Signature: Name: Name: Title: Title: Date: Date: The monthly price on this Order has been rounded to two decimal places for display purposes.As many as eight decimal places may be present in the actual price.Due to the rounding calculations,the actual price may not display as expected when displayed on your Order. Nonetheless,the actual price on your invoice is the true and binding total for this Order for purposes of amounts owed for the term. If you are tax exempt, please email a copy of your"Tax Exempt Certificate"to TaxExemption(a)ukq.com along with the quote number otherwise this order is subject to applicable taxes.The actual tax amount to be paid by Customer will be shown on Customer's invoice. UKG is aligning our product brand and announcing that the UKG Dimensions®and UKG Pro®solutions will be one product suite under the name UKG Pro.Click here to learn more and view examples of current to future names https://www.ukq.com/one-suite#WhatoroductnamesarechanginqunderUKGDimensions UKG UKG Kronos Systems LLC 900 Chelmsford Street Lowell.MA 01851