STATE OF MICHIGAN
ENTERPRISE PROCUREMENT
Department of Technology, Management, and Budget
525 W. ALLEGAN ST., LANSING, MICHIGAN 48913
P.O. BOX 30026 LANSING, MICHIGAN 48909
CONTRACT CHANGE NOTICE
Change Notice Number 3
to
Contract Number MA230000000706
CONTRACT SUMMARY
Workforce Case Management System
INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE INITIAL AVAILABLE OPTIONS
EXPIRATION DATE
BEFORE
March 30, 2023 March 29, 2028 5 - 12 Months March 29, 2028
PAYMENT TERMS
DELIVERY TIMEFRAME
NET 45
N/A
ALTERNATE PAYMENT OPTIONS
EXTENDED PURCHASING
P-Card
Direct Voucher (PRC) Other
Yes
No
MINIMUM DELIVERY REQUIREMENTS
N/A
DESCRIPTION OF CHANGE NOTICE
OPTION
LENGTH OF OPTION
EXTENSION
LENGTH OF EXTENSION
REVISED EXP. DATE
CURRENT VALUE
VALUE OF CHANGE NOTICE
ESTIMATED AGGREGATE CONTRACT VALUE
$8,647,142.00
$194,057.04
$8,841,199.04
DESCRIPTION
6/4/2024, This change request will add new scope to the project and a milestone to the IMPACT
Implementation Milestone table to track the delivery of the Public Assistance Referral (PAR) Tab
for the Bridges Interface. This change is in the amount of $194,057.04. Also, an administrative
change from Marisha Curtis to Robin Lampert as contract administrator. Please see the attached
SOW for further information.
All other terms, conditions, specifications and pricing remain the same. Per contractor and
agency agreement, and DTMB Central Procurement Services approval.
CONTRACTOR
Monster Government Solutions, LLC
133 Boston Post Rd.
Weston MA 02493
Ronald Harrell
703-270-7202
ronald.harrell@monster.com
VS0119051
STATE
Program
Manager
Various Various
Contract
Administrator
Robin Lampert LEO
517-582-2746
lampertR1@michigan.gov
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STATEMENT OF WORK -
IT CHANGE NOTICE
Project Title:
LEO – E&T – WD - Information Management
Performance & Customer Tracking (IMPACT)
Period of Coverage:
3/30/2023 - 3/29/2028
Requesting Department:
Labor & Economic Opportunity – Employment &
Training – Workforce Development
Date:
4/17/2024
Agency Project Manager:
Matt Shields
Phone:
517-599-6397
DTMB Project Manager:
Nancy Pulter
Phone:
517-881-1596
Brief description of services to be provided:
BACKGROUND:
This change request will add new scope to the project and a milestone to the IMPACT
Implementation Milestone table to track the delivery of the Public Assistance Referral
(PAR) Tab for the Bridges Interface.
PROJECT OBJECTIVE:
The State of Michigan (SOM) has requested Monster Government Solution (MGS or
Contractor) to create an enhancement to the IMPACT system for the Michigan
Department of Health and Human Services (MiDHHS) Bridges data. The proposed
improvement will create a tailored program workflow within the system using the seven
(7) incoming files with the customer’s SNAP/TANF-related information and eight (8)
outgoing interfaces. This will enable staff to access and view incoming data from the
Bridges Interface and make updates to data before being sent via outgoing interfaces.
SCOPE OF WORK:
• Creation of a new PAR tab within the customer profile. Case managers could
view closed and currently active benefits.
o The new tab will contain 170 new elements that do not exist in other
locations within the IMPACT System, which will be visible to the user and
available in the SAP Business Objects reporting tool.
• Creation of a new dedicated Referral Landing Page with a workflow where the
new referral customers will be visible to the case workers.
o New referral customers are sent through FIAR-New Referrals from
Bridges.
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o When an additional referral is received from DHHS a distinct record will be
generated in the IMPACT system, creating a new referral.
Milestone Table Updates:
• Add a new milestone between Interfaces Development and Testing and Data
Migration to allow SOM to review, approve and sign-off on the completion of the
SNAP/TANF Customization
PAYMENT SCHEDULE:
Contract
Milestone
Event
Payment
Current Deliverable(s)
Proposed Deliverable(s)
Project
Planning
0.00%
Project Kick off
NO CHANGE
Requirements
and Design
Validation
9.6%
$434,681.00
Validation Sessions
Final Requirement
Validation Document
Design Document
Implementation Document
NO CHANGE
Provision
Environment
9.6%
$434,681.00
Validate Test
(MonsterWorks online
service for State of
Michigan (SOM) available
in UAT. Monster demo the
product to show that the
Test environment is
provisioned.)
NO CHANGE
Installation
and
Configuration
of Software
9.6%
$434,681.00
Final Solution and Testing
Document- (Installation and
configuration of software
has been completed by
Contractor). Specific
deliverable details will be
confirmed in Deliverable
Expectation Document
(DED).
Final Solution: As
described in the DED,
NO CHANGE
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Contract
Milestone
Event
Payment
Current Deliverable(s)
Proposed Deliverable(s)
Monster will provide a
Requirements Traceability
Matrix (RTM) document
which lists each of the
project requirements. All
RTM items related to the
application and reporting
workstreams have a status
of “development complete”.
The SOM will review and
approve the document.
Testing
Document: Contractor
delivers the complete test
plan to SOM, including test
cases to be used for testing
all components related to
the application and reports.
Interface test plans will be
reviewed and approved by
SOM prior to interface
testing start.
Testing and
Acceptance
9.6%
$434,681.00
Test Results Report:
Contractor Testing Results
Report is reviewed and
accepted by SOM; the
report is inclusive of the
following components:
- Application
- Reporting
Training Documentation:
Complete Training
Materials for
Administrators, State
Employees, Michigan
Works! Staff, and aids for
Public Citizens are
NO CHANGE
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Contract
Milestone
Event
Payment
Current Deliverable(s)
Proposed Deliverable(s)
reviewed and approved by
SOM.
Acceptance: SOM accepts
the system for testing in
SOM QAT, and all critical
defects have been
corrected without
workaround. Critical
defects include issues
affecting the entire system
or single critical function;
system down or operating
in a materially degraded
state; data integrity at risk;
widespread access
interruptions; or any other
defects deemed critical (as
defined by the current
version of the contract) by
SOM
Interfaces
Development
and Testing
Complete
0%
Interface Design
Specifications: Complete
design specification for
each interface detailing the
functional and technical
components of the
implementation is reviewed
and accepted by SOM.
Interfaces Testing
Complete: All interfaces
have completed
development, testing
activities have been
completed and accepted by
the SOM. At this point the
system is ready for SOM
NO CHANGE
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Contract
Milestone
Event
Payment
Current Deliverable(s)
Proposed Deliverable(s)
UAT activities to take
place.
Testing Document:
Contractor delivers the final
complete test plan to the
state inclusive of test cases
used for testing all
components related to
interfaces. The document
is reviewed and accepted
by SOM.
SNAP/TANF
Customizatio
n
4.3%
$194,057.04
New Milestone
SNAP/TANF Design
Specifications: Complete
design specification for
each PAR Tab and
Referral Page detailing
the functionality, Bridges
data, and technical
components of the
implementation is
reviewed and accepted by
SOM.
Testing Results
Document: Contractor
delivers the final complete
Test Results to the State
inclusive of Test Cases
used for testing all
components related to the
Par Tab and Referral
Page. The document is
reviewed and accepted by
SOM. The report is
inclusive of the following
components:
- Application
- Reporting
- Converted Data
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Contract
Milestone
Event
Payment
Current Deliverable(s)
Proposed Deliverable(s)
- Interface Data
PAR Tab and Referral
Page Testing Complete:
PAR Tab and Referral
Page have both
completed development,
vendor testing activities
have been completed and
accepted by the SOM. At
this point the system has
undergone QAT and UAT
activities with no
outstanding Critical or
High defects.
Data
Migration
9.6%
$434,681.00
Data Refresh Dry run:
- SOM QAT: Completed
and Approved, such that all
critical and high defects
have been resolved without
a workaround. High defects
include primary component
failures that materially
impair its performance or
data access is materially
impaired on a limited basis.
- SOM UAT: Completed
and Approved, such that all
critical and high defects
have been resolved to the
SOM satisfaction and
without a workaround.
Test Results Report
Contractor Testing Results
Report is reviewed and
accepted by SOM; the
NO CHANGE
Due Date: 11/20/2024
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Contract
Milestone
Event
Payment
Current Deliverable(s)
Proposed Deliverable(s)
report is inclusive of the
following components:
- Data Migration testing
- Interface testing
Training
0.00%
- Train the Trainer Training
Complete and SOM
provides approval.
- Final Training
Documentation Complete
(for Go-Live) and SOM
provides approval.
NO CHANGE
Production
28.7%
$1,304,043.00
Validate Production
SOM has approved system
for Go Live including:
- Performance Testing
completed and Approved to
the satisfaction of the State
of Michigan.
- Performance test results
report demonstrates that
the system meets or
exceeds performance
metrics established by
SOM (as defined by the
current version of the
contract).
- MonsterWorks online
service for (SOM) available
in Production
- Contractor has
demonstrated the product
to SOM to show that the
Production environment is
provisioned and working
NO CHANGE
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Contract
Milestone
Event
Payment
Current Deliverable(s)
Proposed Deliverable(s)
according to business
requirements, and all
critical and high defects
have been corrected
without workaround.
- System Operational: all
system components, both
public facing and internal
SOM, are fully operational
and working, according to
requirements, as validated
and approved by SOM.
Post
Production
Warranty
19.1%
$869,362.00
- Acceptance of Final
Design document and Final
Implementation Document.
These documents are
reviewed and approved by
SOM.
- All critical and high
defects identified during the
post-production warranty
period have been corrected
to the SOM satisfaction
and without a workaround.
NO CHANGE
DELIVERABLES:
Deliverables will not be considered complete until the Agency Project Manager has
formally accepted them. Deliverables for this project include:
1. PAR Tab
a. The IMPACT System will display a new Public Assistance Referral (PAR)
tab within the Customer Profile.
i. Case Managers can view closed and currently active benefits.
ii. ii. The tab will display the full data set against five distinct subtabs
and most fields are read-only; the following depicts editable fields:
1. Program and Eligibility
a. FIA District Code
b. FIA Unit Code
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c. FIA Worker Code
d. Additional Information 1
e. Additional Information 2
f. Additional Information 3
2. Supportive Services
a. Last Date to Attend Orientation
3. Case Status
a. Last Date to Complete AEP
b. Activity 80 (outgoing file)
c. Activity 80 Begin Date (outgoing file)
d. Termination Reason Code (outgoing file)
e. Termination Date (outgoing file)
4. Family Independence Program (FIP)/Food Assistance
Program (FAP) Information.
a. FIP Family Status (Family Status Code)
5. Work Hours. The IMPACT System will maintain a historical
record of work hours, which will be viewable on both a
weekly and monthly basis on the PAR tab. The weekly hours
are sent over to Bridges in the outgoing file.
a. Workfare actual hours (outgoing file)
b. Employment actual hours (outgoing file)
c. Workfare actual hours (outgoing file)
2. Referral Page
a. The IMPACT System will display a new dedicated landing page and
workflow where the new referral customers will be shown to case workers.
i. New referral customers are customers sent through the FIAR-New
Referrals In Bridges Interface.
ii. The page will include the customer’s name, MWA ID, and FIA case
number.
iii. Further FIAR referrals received from DHHS; a distinct record will be
generated in the IMPACT System, facilitating individual navigation
for case workers and creating a new referral.
iv. IMPACT users can defer or close referrals in the IMPACT System.
b. Case Managers and Supervisors will have the option to assign the
customers to themselves, or delegate them to other staff members.
SPECIFIC DEPARTMENT STANDARDS:
Agency standards, if any, in addition to DTMB standards.
Payment will be made on a satisfactory Acceptance of each deliverable basis. DTMB will
pay Contractor upon receipt of properly completed invoice(s) which shall be submitted to
the billing address on the State issued purchase order not more often than monthly.
DTMB Accounts Payable area will coordinate obtaining Agency and DTMB Project
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Manager approvals. All invoices should reflect actual work completed by payment date
and must be approved by the Agency and DTMB Project Manager prior to payment. The
invoices shall describe and document to the State’s satisfaction a description of the work
performed, the progress of the project, and fees. When expenses are invoiced, receipts
will need to be provided along with a detailed breakdown of each type of expense.
Payment shall be considered timely if made by DTMB within forty-five (45) days after
receipt of properly completed invoices.
EXPENSES:
The State will NOT pay for any travel expenses, including hotel, mileage, meals,
parking, etc.
PROJECT CONTACTS:
The designated Agency Project Manager is:
Name Matt Shields
Department Labor & Economic Development Employment & Training
Area Enterprise Information Management
Building/Floor ELLIOTT-LARSEN BLDG
Address 320 S. Walnut
City/State/Zip Lansing, MI 48933
Phone Number 517-599-6397
Email Address [email protected]
The designated DTMB Project Manager is:
Name Nancy Pulter
Department Department of Technology, Management, and Budget
Area Project Management Office Supporting LEO, MEDC and
Governor’s Office
Building/Floor West St. Joe Building
Address 4125 W. St. Joe Hwy
City/State/Zip Lansing, MI 48933
Phone Number 517-881-1596
Email Address [email protected]
PRICING ADJUSTMENT:
In addition to the new SNAP/TANF Customization Milestone, the annual payment
(Table A of Schedule B) will be adjusted.
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Subscription Based
- Product Name
Annual License
Subscription Fee
(Price per user)
Annual
Tiered
Pricing
Annual Enterprise Licensing – Unlimited
Number of Users
MonsterWorks
Case Management
N/A
N/A
Year 2-Partial*
$277,305.00
MonsterWorks
Case Management
Years 3-10*
$1,360,414.70
*Licensing Fees to be paid monthly to correspond with any service credits. Licensing
and Hosting costs will be paid after installation, configuration, and State testing and
acceptance of the Solution.
STATE OF MICHIGAN
CENTRAL PROCUREMENT SERVICES
Department of Technology, Management, and Budget
320 S. WALNUT ST., LANSING, MICHIGAN 48933
P.O. BOX 30026 LANSING, MICHIGAN 48909
CONTRACT CHANGE NOTICE
Change Notice Number
2
to
Contract Number
230000000706
Various
Marisha Curtis
Ronald Harrell
Weston, MA 02493
Monster Government Solutions, LLC
VS0119051
703-270-7202
133 Boston Post Rd.
517-249-0493
STATE
Program
Manager
Contract
Administrator
CONTRACTOR
DTMB
curtism[email protected]
$8,647,142.00
March 30, 2023
March 29, 2028
WORKFORCE CASE MANAGEMENT SYSTEM
March 29, 2028
INITIAL AVAILABLE OPTIONS
EXPIRATION DATE
BEFORE
5 - 1 Year
PAYMENT TERMS
DELIVERY TIMEFRAME
ALTERNATE PAYMENT OPTIONS
EXTENDED PURCHASING
☐
P-Card
☐
PRC
☐
Other
☒
Yes
☐
No
MINIMUM DELIVERY REQUIREMENTS
DESCRIPTION OF CHANGE NOTICE
OPTION
LENGTH OF OPTION
EXTENSION
LENGTH OF EXTENSION
REVISED EXP. DATE
☐
☐
March 29, 2028
CURRENT VALUE
VALUE OF CHANGE NOTICE
ESTIMATED AGGREGATE CONTRACT VALUE
$0.00
$8,647,142.00
Effective 1/31/2024, the following amendments are incorporated into this Contract per attached Milestone table. This change
replaces the Milestone table listed in Change Notice 1 and includes the following:
· Update the Milestone Table to reflect interface and testing schedule updates.
· Update to Schedule G, Data Conversion Results and Reports to reflect testing schedule updates.
All other terms, conditions, specifications and pricing remain the same. Per contractor and agency agreement, and DTMB
Central Procurement Services approval.
INITIAL EXPIRATION DATE
INITIAL EFFECTIVE DATE
DESCRIPTION
CONTRACT SUMMARY
LEO
AGENCY
NAME
PHONE
EMAIL
Multi-Agency and Statewide Contracts
Program Managers
for
CHANGE NOTICE NO. 2 TO CONTRACT NO. 230000000706
Matthew Shields
517-599-6397
LEO
Kalyan Murali
517-230-9434
DTMB
Michigan.gov/MiProcurement
STATEMENT OF WORK -
IT CHANGE NOTICE
Version 2 (3/2021) 1
Project Title:
LEO – E&T – WD - Information Management
Performance & Customer Tracking (IMPACT)
Period of Coverage:
3/30/2023 - 3/29/2028
Requesting Department:
Labor & Economic Opportunity – Employment &
Training – Workforce Development
Date:
1/17/2024
Agency Project Manager:
Matt Shields
Phone:
517-599-6397
DTMB Project Manager:
Shannon Coombs
Phone:
517-204-8290
Brief description of services to be provided:
BACKGROUND:
This change request will add a new milestone to the IMPACT Implementation Milestone
Table to track the delivery date for the IMPACT Implementation Project data interfaces.
PROJECT OBJECTIVE:
This change is requested to support the fact that The State of Michigan (SOM) and
Monster Government Solutions (MGS) schedules for interface design, development,
and testing fall outside of the existing milestones for IMPACT development and testing
completion. With this change notice, SOM will align schedules of development for each
interface so that the MGS will deliver interfaces iteratively to the SOM project team for
testing and validation.
With the change below, the timelines for UAT completion, Training, and Go Live will not
be changing.
SCOPE OF WORK:
The following changes will accommodate the above:
• Update the Milestone Table to reflect interface and testing schedule updates.
• Update to Schedule G, Data Conversion Results and Reports to reflect testing
schedule updates.
Milestone Table Updates:
• Add a new milestone between Testing and Acceptance and Data Migration to
allow SOM to review, approve and sign-off on the completion of all work
associated with all interfaces.
Michigan.gov/MiProcurement
STATEMENT OF WORK -
IT CHANGE NOTICE
Version 2 (3/2021) 2
• Modify Installation of Software milestone to be specific to Application and
Reporting requirements.
• Modify Testing and Acceptance milestone to remove reference to SOM UAT
readiness.
• Move Performance Testing Completion from the Data Migration milestone and
move to the Performance Validation milestone.
• Rename “QAT” to “SOM QAT” and “UAT” to “SOM UAT”
NEW Milestone table.
Contract
Milestone
Event
Payment
Current
Deliverable(s)
Proposed
Deliverable(s)
Date
Project
Planning
0.00%
Project Kick off
NO CHANGE
4/7/2023
Requirements
and Design
Validation
10.00%
$434,681.00
Validation Sessions
Final Requirement
Validation Document
Design Document
Implementation
Document
NO CHANGE
6/26/2023
Provision
Environment
10.00%
$434,681.00
Validate Test
(MonsterWorks
online service for
State of Michigan
(SOM) available in
UAT. Monster demo
the product to show
that the Test
environment is
provisioned.)
NO CHANGE
9/24/2023
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STATEMENT OF WORK -
IT CHANGE NOTICE
Version 2 (3/2021) 3
Installation
and
Configuration
of Software
10.00%
$434,681.00
Final Solution and
Testing Document-
(Installation and
configuration of
software complete)
Specific deliverable
details will be
confirmed in
Deliverable
Expectation
Document (DED).
Final
Solution: Monster
configured their
MonsterWorks
software for SOM
requirements,
software is ready for
Monster System
Integration Testing
phase.
Testing
Document:
Monster
delivers the test plan
including test cases
to be used for testing
all components
related to testing.
Final Solution and
Testing Document
-
(Installation and
configuration of
software has been
completed by
MGS). Specific
deliverable details
will be confirmed in
Deliverable
Expectation
Document (DED).
Final Solution:
As
described in the
DED, Monster will
provide a
Requirements
Traceability Matrix
(RTM) document
which lists each of
the project
requirements. All
RTM items related
to the application
and reporting
workstreams have
a status of
“development
complete”. The
SOM will review
and approve the
document.
Testing
Document: MGS
delivers the
complete test plan
to SOM, including
test cases to be
12/23/2023
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STATEMENT OF WORK -
IT CHANGE NOTICE
Version 2 (3/2021) 4
used for testing all
components
related to the
application and
reports. Interface
test plans will be
reviewed and
approved by SOM
prior to interface
testing start.
Testing and
Acceptance
10.00%
$434,681.00
Final Test Results
Report: Monster
Testing Results
Report
Final Training
Documentation:
Training Materials
for Administrators,
State Employees,
Michigan Works!
Staff, and aids for
Public Citizens.
Acceptance: State
of Michigan accepts
the system for
testing in QAT/UAT
Test Results
Report: MGS
Testing Results
Report
is reviewed
and accepted by
SOM; the report is
inclusive of the
following
components:
- Application
- Reporting
Training
Documentation:
Complete
Training
Materials for
Administrators,
State Employees,
Michigan Works!
Staff, and aids for
Public Citizens are
reviewed and
approved by SOM.
Acceptance:
SOM
accepts the
system for testing
in SOM QAT, and
all critical defects
01/22/2024
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STATEMENT OF WORK -
IT CHANGE NOTICE
Version 2 (3/2021) 5
have been
corrected without
workaround.
Critical defects
include issues
affecting the entire
system or single
critical function;
system down or
operating in a
materially
degraded state;
data integrity at
risk; widespread
access
interruptions; or
any other defects
deemed critical
(as
defined by the
current version of
the contract) by
SOM
Interfaces
Development
and Testing
Complete
0%
New Milestone
Interface Design
Specifications:
Complete design
specification for
each interface
detailing the
functional and
technical
components of the
implementation is
reviewed and
accepted by SOM.
Interfaces
Testing
Complete: All
interfaces have
completed
5/30/2024
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STATEMENT OF WORK -
IT CHANGE NOTICE
Version 2 (3/2021) 6
development,
testing activities
have been
completed and
accepted by the
SOM. At this point
the system is
ready for SOM
UAT activities to
take place.
Testing
Document: MGS
delivers the final
complete test plan
to the state
inclusive of test
cases used for
testing all
components
related to
interfaces. The
document is
reviewed and
accepted by SOM.
Data
Migration
10.00%
$434,681.00
- Data Migration Dry
run:
- QAT: Completed
and Approved
- UAT: Completed
and Approved
- Performance
Testing: Completed
and Approved.
Data Refresh Dry
run:
- SOM QAT:
Completed and
Approved, such
that all critical and
high defects have
been resolved
without a
workaround. High
defects include
primary
component failures
that materially
6/20/2024
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STATEMENT OF WORK -
IT CHANGE NOTICE
Version 2 (3/2021) 7
impair its
performance or
data access is
materially impaired
on a limited basis.
- SOM UAT:
Completed and
Approved, such
that all critical and
high defects have
been resolved to
the SOM
satisfaction and
without a
workaround.
Test Results
Report
MGS Testing
Results Report is
reviewed and
accepted by SOM;
the report is
inclusive of the
following
components:
- Data Migration
testing
- Interface testing
Training
0.00%
- End user Training
Complete.
- Training
Documentation
Complete/Final.
- Train the Trainer
Training Complete
and SOM provides
approval.
- Final Training
Documentation
Complete (for Go-
8/19/2024
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IT CHANGE NOTICE
Version 2 (3/2021) 8
Live) and SOM
provides approval.
Production
30.00%
$1,304,043.00
Validate Production
MonsterWorks
online service for
State of Michigan
(SOM) available in
Production. Monster
demo the product to
show that the
Production
environment is
provisioned.
- System
Operational -
Validated by SOM
Validate
Production
SOM has
approved system
for Go Live
including:
- Performance
Testing c
ompleted
and Approved to
the satisfaction of
the State of
Michigan.
-
Performance test
results report
demonstrates that
the system meets
or exceeds
performance
metrics
established by
SOM (as defined
by the current
version of the
contract).
- MonsterWorks
online service for
(SOM) available in
Production
- MGS has
demonstrated the
product to SOM to
show that the
Production
10/07/2024
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IT CHANGE NOTICE
Version 2 (3/2021) 9
environment is
provisioned and
working according
to business
requirements, and
all critical and
high
defects have been
corrected without
workaround.
- System
Operational: all
system
components, both
public facing and
internal SOM, are
fully operational
and working,
according to
requirements, as
validated and
approved by SOM.
Post
Production
Warranty
20.00%
$869,362.00
Acceptance of Final
Design document
and Final
Implementation
Document
- Acceptance of
Final Design
document and
Final
Implementation
Document. These
documents are
reviewed and
approved by SOM.
- All critical and
high defects
identified during
the post-
production
warranty period
have been
corrected to the
1/7/2025
Michigan.gov/MiProcurement
STATEMENT OF WORK -
IT CHANGE NOTICE
Version 2 (3/2021) 10
SOM satisfaction
and without a
workaround.
Schedule G – Data Conversion Results Report Updates:
Revised Language:
The Contractor will deliver the final, complete Data Conversion Testing Report and
Results to the State as identified in the Deliverable Expectation Document (DED). This
report will attest that the converted data has been tested by the Contractor and is ready
for production prior to the state performing UAT. This will include confirmation that all
data that needs to be converted for the release to go-live has been reconciled to the
legacy system, verified, and approved by the State. UAT will not commence until the
State has approved the Data Conversion Testing Report and Results.
TASKS:
Technical support is required to assist with the following tasks:
NA
DELIVERABLES:
Deliverables will not be considered complete until the Agency Project Manager has
formally accepted them. Deliverables for this project include:
NA
PROJECT CONTACTS:
The designated Agency Project Manager is:
Name Matt Shields
Department Labor & Economic Development Employment & Training
Area Enterprise Information Management
Building/Floor ELLIOTT-LARSEN BLDG
Address 320 S. Walnut
City/State/Zip Lansing, MI 48933
Phone Number 517-599-6397
Fax Number
Michigan.gov/MiProcurement
STATEMENT OF WORK -
IT CHANGE NOTICE
Version 2 (3/2021) 11
Email Address shieldsm1@michigan.gov
The designated DTMB Project Manager is:
Name Nancy Pulter
Department Department of Technology, Management, and Budget
Area Agency Services Supporting LEO, MEDC and Governors Office
Building/Floor West St Joe Hwy, first floor
Address 4125 West St Joe Hwy
City/State/Zip Lansing, MI 48917
Phone Number 517-881-1596
Fax Number
Email Address Pultern@Michigan.gov
Michigan.gov/MiProcurement
STATEMENT OF WORK -
IT CHANGE NOTICE
Version 2 (3/2021) 12
EXPECTED CONTRACTOR WORK HOURS AND CONDITIONS:
Normal working hours of 8:00 am to 5:00 pm EST Monday through Friday are to be
observed unless otherwise agreed to in writing.
This purchase order is a release from Contract Number 230000000706. This
purchase order, statement of work, and the terms and conditions of Contract
Number 230000000706
Contract Milestone
Event
Payment
Deliverable(s)
Date
Project Planning
0.00%
Project Kick off
4/7/2023
Requirements and
Design Validation
10.00%
$434,681.00
Validation Sessions
Final Requirement Validation Document
Design Document
Implementation Document
6/26/2023
Provision
Environment
10.00%
$434,681.00
Validate Test
(MonsterWorks online service for State of Michigan (SOM) available in
UAT. Monster demo the product to show that the Test environment is
provisioned.)
9/24/2023
Installation and
Configuration of
Software
10.00%
$434,681.00
Final Solution and Testing Document- (Installation and configuration of
software has been completed by
MGS). Specific deliverable details will be
confirmed in Deliverable Expectation Document (DED).
Final Solution: As described in the DED, Monster will provide a
Requirements Traceability Matrix (RTM) document which lists each of
the project requirements. All RTM items related to the application and
reporting workstreams have a status of “development complete”. The
SOM will review and approve the document.
Testing Document: MGS delivers the complete test plan to SOM,
including test cases to be used for testing all components related to the
application and reports. Interface test plans will be reviewed and
approved by SOM prior to interface testing start.
12/23/2023
Testing and
Acceptance
10.00%
$434,681.00
Test Results Report: MGS Testing Results Report is reviewed and
accepted by SOM; the report is inclusive of the following components:
- Application
- Reporting
Training Documentation:
Complete Training Materials for Administrators, State Employees,
Michigan Works! Staff, and aids for Public Citizens are reviewed and
approved by SOM.
Acceptance: SOM accepts the system for testing in SOM QAT, and all
critical defects have been corrected without workaround. Critical defects
include issues affecting the entire system or single critical function;
system down or operating in a materially degraded state; data integrity
at risk; widespread access interruptions; or any other defects deemed
critical (as defined by the current version of the contract) by SOM
01/22/2024
Interfaces
Development and
Testing Complete
0%
Interface Design Specifications: Complete design specification for each
interface detailing the functional and technical components of the
implementation is reviewed and accepted by SOM.
Interfaces Testing Complete: All interfaces have completed
development, testing activities have been completed and accepted by
the SOM. At this point the system is ready for SOM UAT activities to take
place.
Testing Document: MGS delivers the final complete test plan to the
state inclusive of test cases used for testing all components related to
interfaces. The document is reviewed and accepted by SOM.
5/30/2024
Data Migration
10.00%
$434,681.00
Data Refresh Dry run:
- SOM QAT: Completed and Approved, such that all critical and high
defects have been resolved without a workaround. High defects include
primary component failures that materially impair its performance or
data access is materially impaired on a limited basis.
- SOM UAT: Completed and Approved, such that all critical and high
defects have been resolved to the SOM satisfaction and without a
workaround.
Test Results Report
MGS Testing Results Report is reviewed and accepted by SOM; the report
is inclusive of the following components:
- Data Migration testing
- Interface testing
6/20/2024
Training
0.00%
- Train the Trainer Training Complete and SOM provides approval.
- Final Training Documentation Complete (for Go-
Live) and SOM provides
approval.
8/19/2024
Production
30.00%
$1,304,043.00
Validate Production
SOM has approved system for Go Live including:
-
Performance Testing completed and Approved to the satisfaction of the
State of Michigan.
-
Performance test results report demonstrates that the system meets or
exceeds performance metrics established by SOM (as defined by the
current version of the contract).
- MonsterWorks online service for (SOM) available in Production
- MGS has demonstrated the product to SOM to show that the
Production environment is provisioned and working according to
business requirements, and all critical and high defects have been
corrected without workaround.
- System Operational: all system components, both public facing and
internal SOM, are fully operational and working, according to
requirements, as validated and approved by SOM.
10/07/2024
Post Production
Warranty
20.00%
$869,362.00
- Acceptance of Final Design document and Final Implementation
Document. These documents are reviewed and approved by SOM.
- All critical and high defects identified during the post-production
warranty period have been corrected to the SOM satisfaction and
without a workaround.
1/7/2025
STATE OF MICHIGAN
CENTRAL PROCUREMENT SERVICES
Department of Technology, Management, and Budget
320 S. WALNUT ST., LANSING, MICHIGAN 48933
P.O. BOX 30026 LANSING, MICHIGAN 48909
CONTRACT CHANGE NOTICE
Change Notice Number
1
to
Contract Number
230000000706
Various
Christopher Martin
ronald.harrell@monster.com
Ronald Harrell
Weston, MA 02493
Monster Government Solutions, LLC
VS0119051
703-270-7202
133 Boston Post Rd.
(517) 643-2833
STATE
Program
Manager
Contract
Administrator
CONTRACTOR
DTMB
$8,647,142.00
March 30, 2023
March 29, 2028
WORKFORCE CASE MANAGEMENT SYSTEM
March 29, 2028
INITIAL AVAILABLE OPTIONS
EXPIRATION DATE
BEFORE
5 - 1 Year
PAYMENT TERMS
DELIVERY TIMEFRAME
ALTERNATE PAYMENT OPTIONS
EXTENDED PURCHASING
☐ P-Card
☐
PRC
☐ Other
☒ Yes
☐
No
MINIMUM DELIVERY REQUIREMENTS
DESCRIPTION OF CHANGE NOTICE
OPTION
LENGTH OF OPTION
EXTENSION
LENGTH OF EXTENSION
REVISED EXP. DATE
☐
☐
March 29, 2028
CURRENT VALUE
VALUE OF CHANGE NOTICE
ESTIMATED AGGREGATE CONTRACT VALUE
$0.00
$8,647,142.00
Effective 6/30/2023, the following amendments are incorporated into this Contract per attached Milestone table. This change
replaces the Milestone table in Secton 22 of the original Statement of Work and includes the following:
• Updated Descriptions of Deliverables
• Updated Schedule Due Dates
All other terms, conditions, specifications and pricing remain the same. Per contractor and agency agreement, and DTMB
Central Procurement Services approval.
INITIAL EXPIRATION DATE
INITIAL EFFECTIVE DATE
DESCRIPTION
CONTRACT SUMMARY
LEO
AGENCY
NAME
PHONE
EMAIL
Multi-Agency and Statewide Contracts
Program Managers
for
CHANGE NOTICE NO. 1 TO CONTRACT NO. 230000000706
Matthew Shields
517-599-6397
LEO
Kalyan Murali
517-230-9434
DTMB
Contract
Milestone
Event
Payment
Deliverable(s)
Due Date
Project
Planning
0.00%
Project Kick off
4/7/2023
Requirements
and Design
Validation
10.00%
Validation Sessions
Final Requirement Validation Document
Design Document
Implementation Document
6/26/2023
Provision
Environment
10.00%
Validate Test
(MonsterWorks online service for State of Michigan (SOM) available in UAT. Monster
demo the product to show that the Test environment is provisioned.)
9/24/2023
Installation and
Configuration
of Software
10.00%
Final Solution and Testing Document- (Installation and configuration of software
complete) Specific deliverable details will be confirmed in Deliverable Expectation
Document (DED).
Final Solution: Monster configured their MonsterWorks software for SOM requirements,
software is ready for Monster System Integration Testing phase.
Testing Document: Monster delivers the test plan including test cases to be used for
testing all components related to testing.
12/23/2023
Testing and
Acceptance
10.00%
Final Test Results Report: Monster Testing Results Report
Final Training Documentation:
Training Materials for Administrators, State Employees, Michigan Works! Staff, and aids
for Public Citizens.
Acceptance: State of Michigan accepts the system for testing in QAT/UAT.
01/22/2024
Data Migration
10.00%
- Data Migration Dry run:
- QAT: Completed and Approved
- UAT: Completed and Approved
- Performance Testing: Completed and Approved.
6/20/2024
Training
0.00%
- End user Training Complete.
- Training Documentation Complete/Final.
8/19/2024
Production
30.00%
Validate Production
MonsterWorks online service for State of Michigan (SOM) available in Production.
Monster demo the product to show that the Production environment is provisioned.
- System Operational - Validated by SOM
10/07/2024
Post
Production
Warranty
20.00%
Acceptance of Final Design document and Final Implementation Document
1/7/2025
4
NOTICE OF CONTRACT
NOTICE OF CONTRACT NO. 230000000706 .
between
THE STATE OF MICHIGAN
and
CONTRACTOR
Monster Government Solutions, LLC
STATE
Program
Manager
Multi
Multi
133 Boston Post Road
Weston, MA 02493
Ronald Harrell
Contract
Administrator
Christopher Martin
DTMB
703-270-7202
517-643-2833
ronald.harrell@monster.com
martinc20@michigan.gov
VS0119051
CONTRACT SUMMARY
DESCRIPTION: Workforce Case Management System
INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE
INITIAL AVAILABLE
OPTIONS
EXPIRATION DATE BEFORE
CHANGE(S) NOTED BELOW
3/30/2023
3/29/2028
5, One-Year
3/13/2028
PAYMENT TERMS
DELIVERY TIMEFRAME
Net 45
ALTERNATE PAYMENT OPTIONS
EXTENDED PURCHASING
☐
P-card
☐
Payment Request (PRC)
☐
Other
☒
Yes
☐
No
MINIMUM DELIVERY REQUIREMENTS
MISCELLANEOUS INFORMATION
ESTIMATED CONTRACT VALUE AT TIME OF EXECUTION
$8,647,142.00
STATE OF MICHIGAN PROCUREMENT
Department of Technology Management & Budget
320 South Walnut Street
PO Box 30026
Lansing, MI 48909
Michigan.gov/MiProcurement
CONTRACT NO. 230000000706
Program Managers
for
Multi-Agency and Statewide Contracts
AGENCY
NAME
PHONE
EMAIL
DTMB
Kalyan Murali
517-230-9434
muralik@michigan.gov
LEO
Matt Shields
517-599-6397
shieldsm1@michigan.gov
Michigan.gov/MiProcurement
3
SOFTWARE CONTRACT TERMS AND
CONDITIONS
These Terms and Conditions, together with all Schedules (including the Statement(s) of
Work), Exhibits and any other applicable attachments or addenda (Collectively this
“Contract”) are agreed to between the State of Michigan (the “State”) and Monster
Government Solutions, LLC (“Contractor”), a DELAWARE LIMITED LIABILITY
COMPANY. This Contract is effective on 3/30/2023 (“Effective Date”), and unless
terminated, will expire on 3/29/2028 (the “Term”).
This Contract may be renewed for up to five additional one-year period(s) through
1/31/2033. Renewal is at the sole discretion of the State and will automatically extend the
Term of this Contract. The State will document its exercise of renewal options via Contract
Change Notice.
1. Definitions. For the purposes of this Contract, the following terms have the
following meanings:
“Acceptance” has the meaning set forth in Section 9.
“Acceptance Tests” means such tests as may be conducted in accordance with
Section 9.1 and a Statement of Work to determine whether the Software meets the
requirements of this Contract and the Documentation.
“Affiliate” of a Person means any other Person that directly or indirectly, through
one or more intermediaries, controls, is controlled by, or is under common control with,
such Person. For purposes of this definition, the term “control” (including the terms
“controlled by” and “under common control with”) means the direct or indirect ownership
of more than fifty percent (50%) of the voting securities of a Person.
“Allegedly Infringing Materials” has the meaning set forth in Section 17.2(b).
“Approved Third Party Components” means all third party components, including
Open-Source Components, that are included in or used in connection with the Software
and are specifically identified by Contractor in the Contractor’s Bid Response or as part
of the State’s Security Accreditation Process defined in Schedule E – Data Security
Schedule.
“Authorized Users” means all Persons authorized by the State to access and use
the Software under this Contract, subject to the maximum number of users specified in
the applicable Statement of Work.
Michigan.gov/MiProcurement
4
“Business Day” means a day other than a Saturday, Sunday or other day on which
the State is authorized or required by law to be closed for business.
“Business Requirements Specification” means the initial specification setting forth
the State’s business requirements regarding the features and functionality of the
Software, as set forth in a Statement of Work.
“Change” has the meaning set forth in Section 2.2.
“Change Notice” has the meaning set forth in Section 2.2(b).
“Change Proposal” has the meaning set forth in Section 2.2(a).
“Change Request” has the meaning set forth in Section 2.2.
“Confidential Information” has the meaning set forth in Section 22.1.
“Configuration” means State-specific changes made to the Software without
Source Code or structural data model changes occurring.
“Contract” has the meaning set forth in the preamble.
“Contract Administrator” is the individual appointed by each party to (a) administer
the terms of this Contract, and (b) approve any Change Notices under this Contract.
Each party’s Contract Administrator will be identified in a Statement of Work.
“Contractor” has the meaning set forth in the preamble.
“Contractor’s Bid Response” means the Contractor’s proposal submitted in
response to the Solicitation Type.
“Contractor Hosted” means the Hosted Services are provided by Contractor or one
or more of its Permitted Subcontractors.
“Contractor Personnel” means all employees of Contractor or any subcontractors
or Permitted Subcontractors involved in the performance of Services hereunder.
“Contractor Project Manager” means the individual appointed by Contractor and
identified in a Statement of Work to serve as the primary contact with regard to services,
to monitor and coordinate the day-to-day activities of this Contract, and to perform other
duties as may be further defined in this Contract, including an applicable Statement of
Work.
“Customization” means State-specific changes to the Software's underlying Source
Code or structural data model changes.
Michigan.gov/MiProcurement
5
“Deliverables” means the Software, and all other documents and other materials
that Contractor is required to or otherwise does provide to the State under this Contract
and otherwise in connection with any Services, including all items specifically identified
as Deliverables in a Statement of Work and all Work Product.
“Deposit Material” refers to material required to be deposited pursuant to Section
28.
“Documentation” means all user manuals, operating manuals, technical manuals
and any other instructions, specifications, documents or materials, in any form or media,
that describe the functionality, installation, testing, operation, use, maintenance,
support, technical or other components, features or requirements of the Software.
“DTMB” means the Michigan Department of Technology, Management and Budget.
“Effective Date” has the meaning set forth in the preamble.
“Fees” means the fees set forth in the Pricing Schedule attached as Schedule B.
“Financial Audit Period” has the meaning set forth in Section 23.1.
“Harmful Code” means any software, hardware or other technologies, devices or
means, the purpose or effect of which is to: (a) permit unauthorized access to, or to
destroy, disrupt, disable, encrypt, modify, copy, or otherwise harm or impede in any
manner, any (i) computer, software, firmware, data, hardware, system or network, or (ii)
any application or function of any of the foregoing or the integrity, use or operation of
any data Processed thereby; or (b) prevent the State or any Authorized User from
accessing or using the Services as intended by this Contract, and includes any virus,
bug, trojan horse, worm, backdoor or other malicious computer code and any time
bomb or drop dead device.
“HIPAA” has the meaning set forth in Section 21.1.
“Hosted Services” means the hosting, management and operation of the Operating
Environment, Software, other services (including support and subcontracted services),
and related resources for remote electronic access and use by the State and its
Authorized Users, including any services and facilities related to disaster recovery
obligations.
“Implementation Plan” means the schedule included in a Statement of Work setting
forth the sequence of events for the performance of Services under a Statement of
Work, including the Milestones and Milestone Dates.
Michigan.gov/MiProcurement
6
“Integration Testing” has the meaning set forth in Section 9.2(a).
“Intellectual Property Rights” means all or any of the following: (a) patents, patent
disclosures, and inventions (whether patentable or not); (b) trademarks, service marks,
trade dress, trade names, logos, corporate names, and domain names, together with all
of the associated goodwill; (c) copyrights and copyrightable works (including computer
programs), mask works and rights in data and databases; (d) trade secrets, know-how
and other confidential information; and (e) all other intellectual property rights, in each
case whether registered or unregistered and including all applications for, and renewals
or extensions of, such rights, and all similar or equivalent rights or forms of protection
provided by applicable law in any jurisdiction throughout the world.
“Key Personnel” means any Contractor Personnel identified as key personnel in the
Contract.
“Loss or Losses” means all losses, including but not limited to, damages, liabilities,
deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines,
costs or expenses of whatever kind, including reasonable attorneys' fees and the costs
of enforcing any right to indemnification hereunder and the cost of pursuing any
insurance providers.
“Maintenance Release” means any update, upgrade, release or other adaptation or
modification of the Software, including any updated Documentation, that Contractor may
generally provide to its licensees from time to time during the Term, which may contain,
among other things, error corrections, enhancements, improvements or other changes
to the user interface, functionality, compatibility, capabilities, performance, efficiency or
quality of the Software.
“Milestone” means an event or task described in the Implementation Plan under a
Statement of Work that must be completed by the corresponding Milestone Date.
“Milestone Date” means the date by which a particular Milestone must be
completed as set forth in the Implementation Plan under a Statement of Work.
“New Version” means any new version of the Software, including any updated
Documentation, that the Contractor may from time to time introduce and market
generally as a distinct licensed product, as may be indicated by Contractor's designation
of a new version number.
“Nonconformity” or “Nonconformities” means any failure or failures of the
Software to conform to the requirements of this Contract, including any applicable
Documentation.
Michigan.gov/MiProcurement
7
“Open-Source Components” means any software component that is subject to any
open-source copyright license agreement, including any GNU General Public License or
GNU Library or Lesser Public License, or other obligation, restriction or license
agreement that substantially conforms to the Open Source Definition as prescribed by
the Open Source Initiative or otherwise may require disclosure or licensing to any third
party of any source code with which such software component is used or compiled.
“Operating Environment” means, collectively, the platform, environment and
conditions on, in or under which the Software is intended to be installed and operate, as
set forth in a Statement of Work, including such structural, functional and other features,
conditions and components as hardware, operating software, system architecture,
configuration, computing hardware, ancillary equipment, networking, software, firmware,
databases, data, and electronic systems (including database management systems).
“PAT” means a document or product accessibility template, including any
Information Technology Industry Council Voluntary Product Accessibility Template or
VPAT®, that specifies how information and software products, such as websites,
applications, software and associated content, conform to WCAG 2.0 Level AA.
“Permitted Subcontractor” means any third party hired by Contractor to perform
Services for the State under this Contract or have access to State Data.
“Person” means an individual, corporation, partnership, joint venture, limited liability
company, governmental authority, unincorporated organization, trust, association or
other entity.
“Pricing Schedule” means the schedule attached as Schedule B.
“Process” means to perform any operation or set of operations on any data,
information, material, work, expression or other content, including to (a) collect, receive,
input, upload, download, record, reproduce, store, organize, combine, log, catalog,
cross-reference, manage, maintain, copy, adapt, alter, translate or make other
improvements or derivative works, (b) process, retrieve, output, consult, use,
disseminate, transmit, submit, post, transfer, disclose or otherwise provide or make
available, or (c) block, erase or destroy. “Processing” and “Processed” have
correlative meanings.
“Representatives” means a party's employees, officers, directors, partners,
shareholders, agents, attorneys, successors and permitted assigns.
“RFP” means the State’s request for proposal designed to solicit responses for
Services under this Contract.
Michigan.gov/MiProcurement
8
“Services” means any of the services, including but not limited to, Hosted Services,
Contractor is required to or otherwise does provide under this Contract.
“Service Level Agreement” means the schedule attached as Schedule D, setting
forth the Support Services Contractor will provide to the State, and the parties'
additional rights and obligations with respect thereto.
“Site” means the physical location designated by the State in, or in accordance with,
this Contract or a Statement of Work for delivery and installation of the Software.
“Software” means Contractor’s software as set forth in a Statement of Work, and
any Maintenance Releases or New Versions provided to the State and any
Customizations or Configurations made by or for the State pursuant to this Contract,
and all copies of the foregoing permitted under this Contract.
“Source Code” means the human readable source code of the Software to which it
relates, in the programming language in which the Software was written, together with
all related flow charts and technical documentation, including a description of the
procedure for generating object code, all of a level sufficient to enable a programmer
reasonably fluent in such programming language to understand, build, operate, support,
maintain and develop modifications, upgrades, updates, adaptations, enhancements,
new versions and other derivative works and improvements of, and to develop computer
programs compatible with, the Software.
“Specifications” means, for the Software, the specifications collectively set forth in
the Business Requirements Specification, Technical Specification, Documentation,
Request for Proposal or Contractor’s Bid Response, if any, for such Software, or
elsewhere in a Statement of Work.
“State” means the State of Michigan.
“State Data” has the meaning set forth in Section 21.1.
“State Hosted” means the Hosted Services are not provided by Contractor or one or
more of its Permitted Subcontractors.
“State Materials” means all materials and information, including documents, data,
know-how, ideas, methodologies, specifications, software, content and technology, in
any form or media, directly or indirectly provided or made available to Contractor by or
on behalf of the State in connection with this Contract.
“State Program Managers” are the individuals appointed by the State, or their
designees, to (a) monitor and coordinate the day-to-day activities of this Contract; (b)
Michigan.gov/MiProcurement
9
co-sign off on Acceptance of the Software and other Deliverables; and (c) perform other
duties as may be specified in a Statement of Work Program Managers will be identified
in a Statement of Work.
“State Systems” means the information technology infrastructure, including the
computers, software, databases, electronic systems (including database management
systems) and networks, of the State or any of its designees.
“Statement of Work” means any statement of work entered into by the parties and
incorporated into this Contract. The initial Statement of Work is attached as Schedule
A.
“Stop Work Order” has the meaning set forth in Section 15.
“Support Services” means the software maintenance and support services
Contractor is required to or otherwise does provide to the State under the Service Level
Agreement.
“Support Services Commencement Date” means, with respect to the Software,
the date on which the Warranty Period for the Software expires, and fees for support
become applicable, or such other date as may be set forth in a Statement of Work.
“Technical Specification” means, with respect to any Software, the document
setting forth the technical specifications for such Software and included in a Statement
of Work.
“Term” has the meaning set forth in the preamble.
“Testing Period” has the meaning set forth in Section 9.1(b).
“Transition Period” has the meaning set forth in Section 16.3.
“Transition Responsibilities” has the meaning set forth in Section 16.3.
“Unauthorized Removal” has the meaning set forth in Section 2.5(b).
“Unauthorized Removal Credit” has the meaning set forth in Section 2.5(c).
“User Data” means all data, information and other content of any type and in any
format, medium or form, whether audio, visual, digital, screen, GUI or other, that is
input, uploaded to, placed into or collected, stored, Processed, generated or output by
any device, system or network by or on behalf of the State, including any and all works,
inventions, data, analyses and other information and materials resulting from any use of
the Software by or on behalf of the State under this Contract, except that User Data
Michigan.gov/MiProcurement
10
does not include the Software or data, information or content, including any GUI, audio,
visual or digital or other display or output, that is generated automatically upon
executing the Software without additional user input without the inclusion if user derived
Information or additional user input.
“Warranty Period” means the ninety (90) calendar-day period commencing on the
date of the State's Acceptance of the Software and for which Support Services are
provided free of charge.
“WCAG 2.0 Level AA” means level AA of the World Wide Web Consortium Web
Content Accessibility Guidelines version 2.0.
“Work Product” means all State-specific deliverables that Contractor is required to,
or otherwise does, provide to the State under this Contract including but not limited to
Customizations, application programming interfaces, computer scripts, macros, user
interfaces, reports, project management documents, forms, templates, and other State-
specific documents and related materials together with all ideas, concepts, processes,
and methodologies developed in connection with this Contract whether or not embodied
in this Contract.
2. Duties of Contractor. Contractor will provide Services and Deliverables pursuant
to Statement(s) of Work entered into under this Contract. Contractor will provide all
Services and Deliverables in a timely, professional manner and in accordance with the
terms, conditions, and Specifications set forth in this Contract and the Statement(s) of
Work.
2.1 Statement of Work Requirements. No Statement of Work will be effective
unless signed by each party’s Contract Administrator. The term of each Statement of
Work will commence on the parties' full execution of a Statement of Work and terminate
when the parties have fully performed their obligations. The terms and conditions of this
Contract will apply at all times to any Statements of Work entered into by the parties
and incorporated into this Contract. The State will have the right to terminate such
Statement of Work as set forth in Section 16. Contractor acknowledges that time is of
the essence with respect to Contractor’s obligations under each Statement of Work and
agrees that prompt and timely performance of all such obligations in accordance with
this Contract and the Statements of Work (including the Implementation Plan and all
Milestone Dates) is strictly required.
2.2 Change Control Process. The State may at any time request in writing (each, a
“Change Request”) changes to a Statement of Work, including changes to the Services
and Implementation Plan (each, a “Change”). Upon the State’s submission of a
Change Request, the parties will evaluate and implement all Changes in accordance
with this Section 2.2.
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(a) As soon as reasonably practicable, and in any case within twenty (20)
Business Days following receipt of a Change Request, Contractor will provide the State
with a written proposal for implementing the requested Change (“Change Proposal”),
setting forth:
(i) a written description of the proposed Changes to any Services or
Deliverables;
(ii) an amended Implementation Plan reflecting: (A) the schedule for
commencing and completing any additional or modified Services or
Deliverables; and (B) the effect of such Changes, if any, on completing
any other Services under a Statement of Work;
(iii) any additional State Resources Contractor deems necessary to carry
out such Changes; and
(iv) any increase or decrease in Fees resulting from the proposed
Changes, which increase or decrease will reflect only the increase or
decrease in time and expenses Contractor requires to carry out the
Change.
(b) Within thirty (30) Business Days following the State’s receipt of a Change
Proposal, the State will by written notice to Contractor, approve, reject, or propose
modifications to such Change Proposal. If the State proposes modifications, Contractor
must modify and re-deliver the Change Proposal reflecting such modifications, or notify
the State of any disagreement, in which event the parties will negotiate in good faith to
resolve their disagreement. Upon the State’s approval of the Change Proposal or the
parties’ agreement on all proposed modifications, as the case may be, the parties will
execute a written agreement to the Change Proposal (“Change Notice”), which Change
Notice will be signed by the State’s Contract Administrator and will constitute an
amendment to a Statement of Work to which it relates; and
(c) If the parties fail to enter into a Change Notice within fifteen (15) Business
Days following the State’s response to a Change Proposal, the State may, in its
discretion:
(i) require Contractor to perform the Services under a Statement of Work
without the Change;
(ii) require Contractor to continue to negotiate a Change Notice;
(iii) initiate a Dispute Resolution Procedure; or
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(iv) notwithstanding any provision to the contrary in a Statement of Work,
terminate this Contract under Section 16.1.
(d) No Change will be effective until the parties have executed a Change
Notice. Except as the State may request in its Change Request or otherwise in writing,
Contractor must continue to perform its obligations in accordance with a Statement of
Work pending negotiation and execution of a Change Notice. Contractor will use its
best efforts to limit any delays or Fee increases from any Change to those necessary to
perform the Change in accordance with the applicable Change Notice. Each party is
responsible for its own costs and expenses of preparing, evaluating, negotiating, and
otherwise processing any Change Request, Change Proposal, and Change Notice.
(e) The performance of any functions, activities, tasks, obligations, roles and
responsibilities comprising the Services as described in this Contract are considered
part of the Services and, thus, will not be considered a Change. This includes the
delivery of all Deliverables in accordance with their respective Specifications, and the
diagnosis and correction of Non-Conformities discovered in Deliverables prior to their
Acceptance by the State or, subsequent to their Acceptance by the State, as necessary
for Contractor to fulfill its associated warranty requirements and its Support Services
under this Contract.
(f) Contractor may, on its own initiative and at its own expense, prepare and
submit its own Change Request to the State. However, the State will be under no
obligation to approve or otherwise respond to a Change Request initiated by Contractor.
2.3 Contractor Personnel.
(a) Contractor is solely responsible for all Contractor Personnel and for the
payment of their compensation, including, if applicable, withholding of income taxes,
and the payment and withholding of social security and other payroll taxes,
unemployment insurance, workers’ compensation insurance payments and disability
benefits.
(b) Prior to any Contractor Personnel performing any Services, Contractor will:
(i) ensure that such Contractor Personnel have the legal right to work in
the United States;
(ii) upon request, require such Contractor Personnel to execute written
agreements, in form and substance acceptable to the State, that bind
such Contractor Personnel to confidentiality provisions that are at least
as protective of the State’s information (including all Confidential
Information) as those contained in this Contract; and
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(iii) upon request, or as otherwise specified in a Statement of Work,
perform background checks on all Contractor Personnel prior to their
assignment. The scope is at the discretion of the State and
documentation must be provided as requested. Contractor is
responsible for all costs associated with the requested background
checks. The State, in its sole discretion, may also perform background
checks on Contractor Personnel. Pursuant to Michigan law, all
agencies subject to IRS Pub. 1075 are required to ask the Michigan
State Police to perform fingerprint background checks on all
employees, including Contractor and subcontractor employees, who
may have access to any database of information maintained by the
federal government that contains confidential or personal information,
including, but not limited to, federal tax information. Further, pursuant
to Michigan law, any agency described above is prohibited from
providing Contractors or subcontractors with the result of such
background check. For more information, please see Michigan Public
Act 427 of 2018.
(c) Contractor and all Contractor Personnel will comply with all rules,
regulations, and policies of the State that are communicated to Contractor in writing,
including security procedures concerning systems and data and remote access, building
security procedures, including the restriction of access by the State to certain areas of
its premises or systems, and general health and safety practices and procedures.
(d) The State reserves the right to require the removal of any Contractor
Personnel found, in the judgment of the State, to be unacceptable. The State’s request
must be written with reasonable detail outlining the reasons for the removal request.
Replacement personnel for the removed person must be fully qualified for the position.
If the State exercises this right, and Contractor cannot immediately replace the removed
personnel, the State agrees to negotiate an equitable adjustment in schedule or other
terms that may be affected by the State’s required removal.
2.4 Contractor Project Manager. Throughout the Term of this Contract, Contractor
must maintain a Contractor employee acceptable to the State to serve as Contractor
Project Manager, who will be considered Key Personnel of Contractor. Contractor
Project Manager will be identified in a Statement of Work.
(a) Contractor Project Manager must:
(i) have the requisite authority, and necessary skill, experience, and
qualifications, to perform in such capacity;
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(ii) be responsible for overall management and supervision of Contractor’s
performance under this Contract; and
(iii) be the State’s primary point of contact for communications with respect
to this Contract, including with respect to giving and receiving all day-
to-day approvals and consents.
(b) Contractor Project Manager must attend all regularly scheduled meetings
as set forth in the Implementation Plan and will otherwise be available as set forth in a
Statement of Work.
(c) Contractor will maintain the same Contractor Project Manager throughout
the Term of this Contract, unless:
(i) the State requests in writing the removal of Contractor Project
Manager;
(ii) the State consents in writing to any removal requested by Contractor in
writing;
(iii) Contractor Project Manager ceases to be employed by Contractor,
whether by resignation, involuntary termination or otherwise.
(d) Contractor will promptly replace its Contractor Project Manager on the
occurrence of any event set forth in Section 2.4(c). Such replacement will be subject to
the State's prior written approval.
2.5 Contractor’s Key Personnel.
(a) The State has the right to recommend and approve in writing the initial
assignment, as well as any proposed reassignment or replacement, of any Key
Personnel. Before assigning an individual to any Key Personnel position, Contractor
will notify the State of the proposed assignment, introduce the individual to the State
Program Managers or their designees, and provide the State with a resume and any
other information about the individual reasonably requested by the State. The State
reserves the right to interview the individual before granting written approval. In the
event the State finds a proposed individual unacceptable, the State will provide a written
explanation including reasonable detail outlining the reasons for the rejection.
(b) Contractor will not remove any Key Personnel from their assigned roles on
this Contract without the prior written consent of the State. The Contractor’s removal of
Key Personnel without the prior written consent of the State is an unauthorized removal
(“Unauthorized Removal”). An Unauthorized Removal does not include replacing Key
Personnel for reasons beyond the reasonable control of Contractor, including illness,
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disability, leave of absence, personal emergency circumstances, resignation, or for
cause termination of the Key Personnel’s employment. Any Unauthorized Removal
may be considered by the State to be a material breach of this Contract, in respect of
which the State may elect to terminate this Contract for cause under Section 16.1.
(c) It is further acknowledged that an Unauthorized Removal will interfere with
the timely and proper completion of this Contract, to the loss and damage of the State,
and that it would be impracticable and extremely difficult to determine and remedy the
actual damage sustained by the State as a result of any Unauthorized Removal.
Therefore, Contractor and the State agree that in the case of any Unauthorized
Removal in respect of which the State does not elect to exercise its rights under
Section 16, Contractor will issue to the State an amount equal to $25,000 per individual
(each, an “Unauthorized Removal Credit”).
(d) Contractor acknowledges and agrees that each of the Unauthorized
Removal Credits assessed under Subsection 2.5(c) above: (i) is a reasonable estimate
of and compensation for the anticipated or actual harm to the State that may arise from
the Unauthorized Removal, which would be impossible or very difficult to accurately
estimate; and (ii) may, at the State’s option, be credited or set off against any Fees or
other charges payable to Contractor under this Contract.
2.6 Subcontractors. Contractor must obtain prior written approval of the State,
which consent may be given or withheld in the State’s sole discretion, before engaging
any Permitted Subcontractor to provide Services to the State under this Contract.
Third parties otherwise retained by Contractor to provide Contractor or other clients of
contractor with services are not Permitted Subcontractors, and therefore do not require
prior approval by the State. Engagement of any subcontractor or Permitted
Subcontractor by Contractor does not relieve Contractor of its representations,
warranties or obligations under this Contract. Without limiting the foregoing, Contractor
will:
(a) be responsible and liable for the acts and omissions of each such
subcontractor (including such Permitted Subcontractor and Permitted Subcontractor's
employees who, to the extent providing Services or Deliverables, will be deemed
Contractor Personnel) to the same extent as if such acts or omissions were by
Contractor or its employees;
(b) name the State a third-party beneficiary under Contractor’s Contract with
each Permitted Subcontractor with respect to the Services;
(c) be responsible for all fees and expenses payable to, by or on behalf of
each Permitted Subcontractor in connection with this Contract, including, if applicable,
withholding of income taxes, and the payment and withholding of social security and
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other payroll taxes, unemployment insurance, workers' compensation insurance
payments and disability benefits; and
(d) notify the State of the location of the Permitted Subcontractor and indicate if
it is located within the continental United States.
3. Notices. All notices and other communications required or permitted under this
Contract must be in writing and will be considered given and received: (a) when verified
by written receipt if sent by courier; (b) when actually received if sent by mail without
verification of receipt; or (c) when verified by automated receipt or electronic logs if sent
by facsimile or email.
If to State:
If to Contractor:
Christopher Martin
320 South Walnut Street
PO Box 30026
Lansing, MI 48909
martinc20@michigan.gov
517-643-2833
Ronald Harrell
133 Boston Post Road
Weston, MA 02493
ronald.harrell@monster.com
703.270.7202
4. Insurance. Contractor must maintain the minimum insurances identified in the
Insurance Schedule attached as Schedule C.
5. Software License.
5.1 Perpetual License. If Contractor is providing the State with a license to use its
Software indefinitely, then Contractor hereby grants to the State and its Authorized
Users a non-exclusive, royalty-free, perpetual, irrevocable right and license to use the
Software and Documentation in accordance with the terms and conditions of this
Contract, provided that:
(a) The State is prohibited from reverse engineering or decompiling the
Software, making derivative works, modifying, adapting or copying the Software except
as is expressly permitted by this Contract or required to be permitted by law;
(b) The State is authorized to make copies of the Software for backup, disaster
recovery, and archival purposes;
(c) The State is authorized to make copies of the Software to establish a test
environment to conduct Acceptance Testing;
(d) Title to and ownership of the Software shall at all times remain with
Contractor and/or it’s licensors, as applicable; and
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(e) Except as expressly agreed in writing, the State is not permitted to sub-
license the use of the Software or any accompanying Documentation.
5.2 Subscription License. If the Software is Contractor Hosted and Contractor is
providing the State access to use its Software during the Term of the Contract only,
then:
(a) Contractor hereby grants to the State, exercisable by and through its
Authorized Users, a nonexclusive, royalty-free, irrevocable right and license during the
Term and such additional periods, if any, as Contractor is required to perform Services
under this Contract or any Statement of Work, to:
(i) access and use the Software, including in operation with other
software, hardware, systems, networks and services, for the State’s
business purposes, including for Processing State Data;
(ii) generate, print, copy, upload, download, store and otherwise Process
all GUI, audio, visual, digital and other output, displays and other
content as may result from any access to or use of the Software;
(iii) prepare, reproduce, print, download and use a reasonable number of
copies of the Specifications and Documentation for any use of the
Software under this Contract; and
(iv) access and use the Software for all such non-production uses and
applications as may be necessary or useful for the effective use of the
Software hereunder, including for purposes of analysis, development,
configuration, integration, testing, training, maintenance, support and
repair, which access and use will be without charge and not included
for any purpose in any calculation of the State’s or its Authorized
Users’ use of the Software, including for purposes of assessing any
Fees or other consideration payable to Contractor or determining any
excess use of the Software as described in Section 3.2(c) below.
(b) License Restrictions. The State will not: (a) rent, lease, lend, sell,
sublicense, assign, distribute, publish, transfer or otherwise make the Software
available to any third party, except as expressly permitted by this Contract or in any
Statement of Work; or (b) use or authorize the use of the Software or Documentation in
any manner or for any purpose that is unlawful under applicable Law.
(c) Use. The State will pay Contractor the corresponding Fees set forth in a
Statement of Work or Pricing Schedule for all Authorized Users access and use of the
Software. Such Fees will be Contractor’s sole and exclusive remedy for use of the
Software, including any excess use.
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5.3 Certification. To the extent that a License granted to the State is not unlimited,
Contractor may request written certification from the State regarding use of the Software
for the sole purpose of verifying compliance with this Section 5. Such written
certification may occur no more than once in any twenty four (24) month period during
the Term of the Contract. The State will to respond to any such request within 45
calendar days of receipt. If the State’s use is greater than contracted, Contractor may
invoice the State for any unlicensed use (and related support) pursuant to the terms of
this Contract at the rates set forth in Schedule B, and the unpaid license and support
fees shall be payable in accordance with the terms of the Contract. Payment under this
provision shall be Contractor’s sole and exclusive remedy to cure these issues.
5.4 State License Grant to Contractor. The State hereby grants to Contractor a
limited, non-exclusive, non- transferable license (i) to use the State's (or individual
agency’s, department’s or division’s) name, trademarks, service marks or logos, solely
in accordance with the State’s specifications, and (ii) to display, reproduce, distribute
and transmit in digital form the State’s (or individual agency’s, department’s or division’s)
name, trademarks, service marks or logos in connection with promotion of the Services
as communicated to Contractor by the State. Use of the State’s (or individual agency’s,
department’s or division’s) name, trademarks, service marks or logos will be specified in
the applicable Statement of Work. Contractor is provided a limited license to State
Materials for the sole and exclusive purpose of providing the Services.
6. Third Party Components. At least 30 calendar days prior to adding new Third
Party Components, Contractor will provide the State with notification information
identifying and describing the addition. Throughout the Term, on an annual basis,
Contractor will provide updated information identifying and describing any Approved
Third Party Components included in the Software.
7. Intellectual Property Rights
7.1 Ownership Rights in Software
(a) For purposes of this Section 7 only, the term “Software” does not include
Customizations.
(b) Subject to the rights and licenses granted by Contractor in this Contract and
the provisions of Section 7.1(c):
(i) Contractor reserves and retains its entire right, title and interest in and
to all Intellectual Property Rights arising out of or relating to the
Software; and
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(ii) none of the State or Authorized Users acquire any ownership of
Intellectual Property Rights in or to the Software or Documentation as
a result of this Contract.
(c) As between the State, on the one hand, and Contractor, on the other hand,
the State has, reserves and retains, sole and exclusive ownership of all right, title and
interest in and to State Materials, User Data, including all Intellectual Property Rights
arising therefrom or relating thereto.
7.2 The State is and will be the sole and exclusive owner of all right, title, and
interest in and to all Work Product developed exclusively for the State under this
Contract, including all Intellectual Property Rights. In furtherance of the foregoing:
(a) Contractor will create all Work Product as work made for hire as defined in
Section 101 of the Copyright Act of 1976; and
(b) to the extent any Work Product, or Intellectual Property Rights do not qualify
as, or otherwise fails to be, work made for hire, Contractor hereby:
(i) assigns, transfers, and otherwise conveys to the State, irrevocably and
in perpetuity, throughout the universe, all right, title, and interest in and
to such Work Product, including all Intellectual Property Rights; and
(ii) irrevocably waives any and all claims Contractor may now or hereafter
have in any jurisdiction to so-called “moral rights” or rights of droit
moral with respect to the Work Product.
8. Software Implementation.
8.1 Implementation. Contractor will as applicable; deliver, install, configure,
integrate, and otherwise provide and make fully operational the Software on or prior to
the applicable Milestone Date in accordance with the criteria set forth in a Statement of
Work and the Implementation Plan.
8.2 Site Preparation. Unless otherwise set forth in a Statement of Work, Contractor
is responsible for ensuring the relevant Operating Environment is set up and in working
order to allow Contractor to deliver and install the Software on or prior to the applicable
Milestone Date. Contractor will provide the State with such notice as is specified in a
Statement of Work, prior to delivery of the Software to give the State sufficient time to
prepare for Contractor’s delivery and installation of the Software. If the State is
responsible for Site preparation, Contractor will provide such assistance as the State
requests to complete such preparation on a timely basis.
9. Software Acceptance Testing.
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9.1 Acceptance Testing.
(a) Unless otherwise specified in a Statement of Work, upon installation of the
Software, or in the case of Contractor Hosted Software, when Contractor notifies the
State in writing that the Hosted Services are ready for use in a production environment,
Acceptance Tests will be conducted as set forth in this Section 9 to ensure the
Software conforms to the requirements of this Contract, including the applicable
Specifications and Documentation.
(b) All Acceptance Tests will take place at the designated Site(s) in the
Operating Environment described in a Statement of Work, commence on the Business
Day following installation of the Software, or the receipt by the State of the notification in
Section 9.1(a), and be conducted diligently for up to thirty (30) Business Days, or such
other period as may be set forth in a Statement of Work (the “Testing Period”).
Acceptance Tests will be conducted by the party responsible as set forth in a Statement
of Work or, if a Statement of Work does not specify, the State, provided that:
(i) for Acceptance Tests conducted by the State, if requested by the
State, Contractor will make suitable Contractor Personnel available to
observe or participate in such Acceptance Tests; and
(ii) for Acceptance Tests conducted by Contractor, the State has the right
to observe or participate in all or any part of such Acceptance Tests.
9.2 Contractor is solely responsible for all costs and expenses related to
Contractor’s performance of, participation in, and observation of Acceptance Testing.
(a) Upon delivery and installation of any application programming interfaces,
Configuration or customizations, or any other applicable Work Product, to the Software
under a Statement of Work, additional Acceptance Tests will be performed on the
modified Software as a whole to ensure full operability, integration, and compatibility
among all elements of the Software (“Integration Testing”). Integration Testing is
subject to all procedural and other terms and conditions set forth in Section 9.1,
Section 9.4, and Section 9.5.
(b) The State may suspend Acceptance Tests and the corresponding Testing
Period by written notice to Contractor if the State discovers a material Non-Conformity
in the tested Software or part or feature of the Software. In such event, Contractor will
immediately, and in any case within ten (10) Business Days, correct such Non-
Conformity, whereupon the Acceptance Tests and Testing Period will resume for the
balance of the Testing Period.
9.3 Notices of Completion, Non-Conformities, and Acceptance. Within fifteen (15)
Business Days following the completion of any Acceptance Tests, including any
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Integration Testing, the party responsible for conducting the tests will prepare and
provide to the other party written notice of the completion of the tests. Such notice must
include a report describing in reasonable detail the tests conducted and the results of
such tests, including any uncorrected Non-Conformity in the tested Software.
(a) If such notice is provided by either party and identifies any Non-
Conformities, the parties’ rights, remedies, and obligations will be as set forth in Section
9.4 and Section 9.5.
(b) If such notice is provided by the State, is signed by the State Program
Managers or their designees, and identifies no Non-Conformities, such notice
constitutes the State's Acceptance of such Software.
(c) If such notice is provided by Contractor and identifies no Non-Conformities,
the State will have thirty (30) Business Days to use the Software in the Operating
Environment and determine, in the exercise of its sole discretion, whether it is satisfied
that the Software contains no Non-Conformities, on the completion of which the State
will, as appropriate:
(i) notify Contractor in writing of Non-Conformities the State has observed
in the Software and of the State’s non-acceptance thereof, whereupon
the parties’ rights, remedies and obligations will be as set forth in
Section 9.4 and Section 9.5; or
(ii) provide Contractor with a written notice of its Acceptance of such
Software, which must be signed by the State Program Managers or
their designees.
9.4 Failure of Acceptance Tests. If Acceptance Tests identify any Non-
Conformities, Contractor, at Contractor’s sole cost and expense, will remedy all such
Non-Conformities and re-deliver the Software, in accordance with the requirements set
forth in a Statement of Work. Redelivery will occur as promptly as commercially
possible and, in any case, within thirty (30) Business Days following, as applicable,
Contractor’s:
(a) completion of such Acceptance Tests, in the case of Acceptance Tests
conducted by Contractor; or
(b) receipt of the State’s notice under Section 9.1(a) or Section 9.3(c)(i),
identifying any Non-Conformities.
9.5 Repeated Failure of Acceptance Tests. If Acceptance Tests identify any Non-
Conformity in the Software after a second or subsequent delivery of the Software, or
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Contractor fails to re-deliver the Software on a timely basis, the State may, in its sole
discretion, by written notice to Contractor:
(a) continue the process set forth in this Section 9;
(b) accept the Software as a nonconforming deliverable, in which case the Fees
for such Software will be reduced equitably to reflect the value of the Software as
received relative to the value of the Software had it conformed; or
(c) deem the failure to be a non-curable material breach of this Contract and a
Statement of Work and terminate this Contract for cause in accordance with Section
16.1.
9.6 Acceptance. Acceptance (“Acceptance”) of the Software (subject, where
applicable, to the State’s right to Integration Testing) and any Deliverables will occur on
the date that is the earliest of the State’s delivery of a notice accepting the Software or
Deliverables under Section 9.3(b), or Section 9.3(c)(ii).
10. Non-Software Acceptance.
10.1 All other non-Software Services and Deliverables are subject to inspection and
testing by the State within 30 calendar days of the State’s receipt of them (“State
Review Period”), unless otherwise provided in the Statement of Work. If the non-
Software Services and Deliverables are not fully accepted by the State, the State will
notify Contractor by the end of the State Review Period that either: (a) the non-Software
Services and Deliverables are accepted but noted deficiencies must be corrected; or (b)
the non-Software Services and Deliverables are rejected. If the State finds material
deficiencies, it may: (i) reject the non-Software Services and Deliverables without
performing any further inspections; (ii) demand performance at no additional cost; or (iii)
terminate this Contract in accordance with Section 16.1, Termination for Cause.
10.2 Within 10 business days from the date of Contractor’s receipt of notification of
acceptance with deficiencies or rejection of any non-Software Services and
Deliverables, Contractor must cure, at no additional cost, the deficiency and deliver
unequivocally acceptable non-Software Services and Deliverables to the State. If
acceptance with deficiencies or rejection of the non-Software Services and Deliverables
impacts the content or delivery of other non-completed non-Software Services and
Deliverables, the parties’ respective Program Managers must determine an agreed to
number of days for re-submission that minimizes the overall impact to the Contract.
However, nothing herein affects, alters, or relieves Contractor of its obligations to
correct deficiencies in accordance with the time response standards set forth in this
Contract.
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10.3 If Contractor is unable or refuses to correct the deficiency within the time
response standards set forth in this Contract, the State may cancel the order in whole or
in part. The State, or a third party identified by the State, may provide the non-Software
Services and Deliverables and recover the difference between the cost to cure and the
Contract price plus an additional 10% administrative fee.
11. Assignment. Contractor may not assign this Contract to any other party without the
prior approval of the State. Upon notice to Contractor, the State, in its sole discretion,
may assign in whole or in part, its rights or responsibilities under this Contract to any
other party. If the State determines that a novation of the Contract to a third party is
necessary, Contractor will agree to the novation and provide all necessary
documentation and signatures.
12. Change of Control. Contractor will notify the State, within 30 calendar days of any
public announcement or otherwise once legally permitted to do so, of a change in
Contractor’s organizational structure or ownership. For purposes of this Contract, a
change in control means any of the following:
(a) a sale of more than 50% of Contractor’s stock;
(b) a sale of substantially all of Contractor’s assets;
(c) a change in a majority of Contractor’s board members;
(d) consummation of a merger or consolidation of Contractor with any other
entity;
(e) a change in ownership through a transaction or series of transactions;
(f) or the board (or the stockholders) approves a plan of complete liquidation.
A change of control does not include any consolidation or merger effected exclusively to
change the domicile of Contractor, or any transaction or series of transactions
principally for bona fide equity financing purposes. In the event of a change of control,
Contractor must require the successor to assume this Contract and all of its obligations
under this Contract.
13. Invoices and Payment.
13.1 Invoices must conform to the requirements communicated from time-to-time by
the State. All undisputed amounts are payable within 45 calendar days of the State’s
receipt. Contractor may only charge for Services and Deliverables provided as
specified in Statement(s) of Work. Invoices must include an itemized statement of all
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charges. The State is exempt from State sales tax for direct purchases and may be
exempt from federal excise tax, if Services purchased under this Contract are for the
State’s exclusive use. Notwithstanding the foregoing, all prices are inclusive of taxes,
and Contractor is responsible for all sales, use and excise taxes, and any other similar
taxes, duties and charges of any kind imposed by any federal, state, or local
governmental entity on any amounts payable by the State under this Contract.
13.2 The State has the right to withhold payment of any disputed amounts until the
parties agree as to the validity of the disputed amount. The State will notify Contractor
of any dispute within a reasonable time. Payment by the State will not constitute a
waiver of any rights as to Contractor’s continuing obligations, including claims for
deficiencies or substandard Services and Deliverables. Contractor’s acceptance of final
payment by the State constitutes a waiver of all claims by Contractor against the State
for payment under this Contract, other than those claims previously filed in writing on a
timely basis and still disputed.
13.3 The State will only disburse payments under this Contract through Electronic
Funds Transfer (EFT). Contractor must register with the State at
http://www.michigan.gov/SIGMAVSS to receive electronic fund transfer payments. If
Contractor does not register, the State is not liable for failure to provide payment.
Without prejudice to any other right or remedy it may have, the State reserves the right
to set off at any time any amount then due and owing to it by Contractor against any
amount payable by the State to Contractor under this Contract.
13.4 Right of Setoff. Without prejudice to any other right or remedy it may have, the
State reserves the right to set off at any time any amount owing to it by Contractor
against any amount payable by the State to Contractor under this Contract.
13.5 Taxes. The State is exempt from State sales tax for direct purchases and may
be exempt from federal excise tax, if Services or Deliverables purchased under this
Contract are for the State’s exclusive use. Notwithstanding the foregoing, all Fees are
exclusive of taxes, and Contractor is responsible for all sales, use and excise taxes, and
any other similar taxes, duties and charges of any kind imposed by any federal, state, or
local governmental entity on any amounts payable by the State under this Contract.
13.6 Pricing/Fee Changes. All Pricing set forth in this Contract will not be increased,
except as otherwise expressly provided in this Section.
(a) The Fees will not be increased at any time except for the addition of
additional licenses, the fees for which licenses will also remain firm in accordance with
the Pricing set forth in the Pricing Schedule.
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(b) Excluding federal government charges and terms. Contractor warrants
and agrees that each of the Fees, economic or product terms or warranties granted
pursuant to this Contract are comparable to or better than the equivalent fees, economic
or product term or warranty being offered to any commercial or government customer of
Contractor. If Contractor enters into any arrangements with another customer of
Contractor to provide the products or services, available under this Contract, under
more favorable prices, as the prices may be indicated on Contractor’s current U.S. and
International price list or comparable document, then this Contract will be deemed
amended as of the date of such other arrangements to incorporate those more
favorable prices, and Contractor will immediately notify the State of such Fee and
formally memorialize the new pricing in a Change Notice.
14. Liquidated Damages.
14.1 The parties agree that any delay or failure by Contractor to timely perform its
obligations in accordance with the Implementation Plan and Milestone Dates agreed to
by the parties will interfere with the proper and timely implementation of the Software, to
the loss and damage of the State. Further, the State will incur major costs to perform
the obligations that would have otherwise been performed by Contractor. The parties
understand and agree that any liquidated damages Contractor must pay to the State as
a result of such nonperformance are described in a Statement of Work, and that these
amounts are reasonable estimates of the State’s damages in accordance with
applicable law.
14.2 The parties acknowledge and agree that Contractor could incur liquidated
damages for more than one event if Contractor fails to timely perform its obligations by
each Milestone Date.
14.3 The assessment of liquidated damages will not constitute a waiver or release of
any other remedy the State may have under this Contract for Contractor’s breach of this
Contract, including without limitation, the State’s right to terminate this Contract for
cause under Section 16.1 and the State will be entitled in its discretion to recover actual
damages caused by Contractor’s failure to perform its obligations under this Contract.
However, the State will reduce such actual damages by the amounts of liquidated
damages received for the same events causing the actual damages.
14.4 Amounts due the State as liquidated damages may be set off against any Fees
payable to Contractor under this Contract, or the State may bill Contractor as a separate
item and Contractor will promptly make payments on such bills.
15. Stop Work Order. The State may, at any time, order the Services of Contractor
fully or partially stopped for up to ninety (90) calendar days at no additional cost to the
State. The State will provide Contractor a written notice detailing such suspension (a
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“Stop Work Order”). Contractor must comply with the Stop Work Order upon receipt.
Within 90 days, or any longer period agreed to by Contractor, the State will either:
(a) issue a notice authorizing Contractor to resume work, or
(b) terminate this Contract. The State will not pay for any Services,
Contractor’s lost profits, or any additional compensation during a stop work period.
16. Termination, Expiration, Transition. The State may terminate this Contract, the
Support Services, or any Statement of Work, in accordance with the following:
16.1 Termination for Cause. In addition to any right of termination set forth
elsewhere in this Contract:
(a) The State may terminate this Contract for cause, in whole or in part, if
Contractor, as determined by the State:
(i) endangers the value, integrity, or security of State Systems, State
Data, or the State’s facilities or personnel;
(ii) becomes insolvent, petitions for bankruptcy court proceedings, or has
an involuntary bankruptcy proceeding filed against it by any creditor; or
(iii) breaches any of its material duties or obligations under this Contract.
Any reference to specific breaches being material breaches within this
Contract will not be construed to mean that other breaches are not
material.
(b) If the State terminates this Contract under this Section 16.1, the State will
issue a termination notice specifying whether Contractor must:
(i) cease performance immediately. Contractor must submit all invoices
for Services accepted by the State within 30 calendar days of the date
of termination. Failure to submit an invoice within that timeframe will
constitute a waiver by Contractor for any amounts due to Contractor
for Services accepted by the State under this Contract, or
(ii) continue to perform for a specified period. If it is later determined that
Contractor was not in breach of this Contract, the termination will be
deemed to have been a termination for public interest, effective as of
the same date, and the rights and obligations of the parties will be
limited to those provided in Section 16.2.
(c) The State will only pay for amounts due to Contractor for Services accepted
by the State on or before the date of termination, subject to the State’s right to set off
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any amounts owed by the Contractor for the State’s reasonable costs in terminating this
Contract. Contractor must promptly reimburse to the State any Fees prepaid by the
State prorated to the date of such termination, including any prepaid Fees. Further,
Contractor must pay all reasonable costs incurred by the State in terminating this
Contract for cause, including administrative costs, attorneys’ fees, court costs, transition
costs, and any costs the State incurs to procure the Services from other sources.
16.2 Termination for Public Interest. The State may immediately terminate this
Contract in whole or in part, without penalty and for any reason, including but not limited
to, appropriation or budget shortfalls. The termination notice will specify whether
Contractor must:
(a) cease performance immediately. Contractor must submit all invoices for
Services accepted by the State within 30 calendar days of the date of termination.
Failure to submit an invoice within that timeframe will constitute a waiver by Contractor
for any amounts due to Contractor for Services accepted by the State under this
Contract, or
(b) continue to perform in accordance with Section 16.3. If the State
terminates this Contract for public interest, the State will pay all reasonable costs, as
determined by the State, for State approved Transition Responsibilities to the extent the
funds are available.
16.3 Transition Responsibilities.
(a) Upon termination or expiration of this Contract for any reason, Contractor
must, for a period of time specified by the State (not to exceed 90 calendar days; the
“Transition Period”), provide all reasonable transition assistance requested by the
State, to allow for the expired or terminated portion of the Contract to continue without
interruption or adverse effect, and to facilitate the orderly transfer of the Services to the
State or its designees. Such transition assistance may include but is not limited to:
(i) continuing to perform the Services at the established Contract rates;
(ii) taking all reasonable and necessary measures to transition
performance of the work, including all applicable Services to the State
or the State’s designee;
(iii) taking all necessary and appropriate steps, or such other action as the
State may direct, to preserve, maintain, protect, and comply with
Section 22.5 regarding the return or destruction of State Data at the
conclusion of the Transition Period; and
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(iv) preparing an accurate accounting from which the State and Contractor
may reconcile all outstanding accounts (collectively, the “Transition
Responsibilities”). The Term of this Contract is automatically
extended through the end of the Transition Period.
(b) Contractor will follow the transition plan attached as Schedule G as it
pertains to both transition in and transition out activities.
17. Indemnification
17.1 General Indemnification. Contractor must defend, indemnify and hold the State,
its departments, divisions, agencies, offices, commissions, officers, and employees
harmless, without limitation, from and against any and all actions, claims, losses,
liabilities, damages, costs, attorney fees, and expenses (including those required to
establish the right to indemnification), arising out of or relating to:
(a) any breach by Contractor (or any of Contractor’s employees, agents,
subcontractors, or by anyone else for whose acts any of them may be liable) of any of
the promises, agreements, representations, warranties, or insurance requirements
contained in this Contract;
(b) any infringement, misappropriation, or other violation of any Intellectual
Property Right or other right of any third party;
(c) any bodily injury, death, or damage to real or tangible personal property
occurring wholly or in part due to action or inaction by Contractor (or any of Contractor’s
employees, agents, subcontractors, or by anyone else for whose acts any of them may
be liable); and
(d) any acts or omissions of Contractor (or any of Contractor’s employees,
agents, subcontractors, or by anyone else for whose acts any of them may be liable).
17.2 Indemnification Procedure. The State will notify Contractor in writing if
indemnification is sought; however, failure to do so will not relieve Contractor, except to
the extent that Contractor is materially prejudiced. Contractor must, to the satisfaction
of the State, demonstrate its financial ability to carry out these obligations. The State is
entitled to:
(a) regular updates on proceeding status;
(b) participate in the defense of the proceeding;
(c) employ its own counsel; and to
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(d) retain control of the defense, at its own cost and expense, if the State
deems necessary. Contractor will not, without the State’s prior written consent (not to
be unreasonably withheld), settle, compromise, or consent to the entry of any judgment
in or otherwise seek to terminate any claim, action, or proceeding. Any litigation activity
on behalf of the State or any of its subdivisions, under this Section 17, must be
coordinated with the Department of Attorney General. An attorney designated to
represent the State may not do so until approved by the Michigan Attorney General and
appointed as a Special Assistant Attorney General.
17.3 The State is constitutionally prohibited from indemnifying Contractor or any third
parties.
18. Infringement Remedies.
18.1 The remedies set forth in this Section are in addition to, and not in lieu of, all
other remedies that may be available to the State under this Contract or otherwise,
including the State’s right to be indemnified for such actions.
18.2 If any Software or any component thereof, other than State Materials, is found
to be infringing or if any use of any Software or any component thereof is enjoined,
threatened to be enjoined or otherwise the subject of an infringement claim, Contractor
must, at Contractor’s sole cost and expense:
(a) procure for the State the right to continue to use such Software or
component thereof to the full extent contemplated by this Contract; or
(b) modify or replace the materials that infringe or are alleged to infringe
(“Allegedly Infringing Materials”) to make the Software and all of its components non-
infringing while providing fully equivalent features and functionality.
18.3 If neither of the foregoing is possible notwithstanding Contractor’s best efforts,
then Contractor may direct the State to cease any use of any materials that have been
enjoined or finally adjudicated as infringing, provided that Contractor will:
(a) refund to the State all amounts paid by the State in respect of such
Allegedly Infringing Materials and any other aspects of the Software provided under a
Statement of Work for the Allegedly Infringing Materials that the State cannot
reasonably use as intended under this Contract; and
(b) in any case, at its sole cost and expense, secure the right for the State to
continue using the Allegedly Infringing Materials for a transition period of up to six (6)
months to allow the State to replace the affected features of the Software without
disruption.
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18.4 If Contractor directs the State to cease using any Software under Section 18.3,
the State may terminate this Contract for cause under Section 16.1.Unless the claim
arose against the Software independently of any of the actions specified below,
Contractor will have no liability for any claim of infringement arising solely from:
(a) Contractor’s compliance with any designs, specifications, or instructions of
the State; or
(b) modification of the Software by the State without the prior knowledge and
approval of Contractor.
19. Disclaimer of Damages and Limitation of Liability.
19.1 The State’s Disclaimer of Damages. THE STATE WILL NOT BE LIABLE,
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR BY STATUTE OR OTHERWISE, FOR ANY
CLAIM RELATED TO OR ARISING UNDER THIS CONTRACT FOR
CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING
WITHOUT LIMITATION LOST PROFITS AND LOST BUSINESS OPPORTUNITIES.
19.2 The State’s Limitation of Liability. IN NO EVENT WILL THE STATE’S
AGGREGATE LIABILITY TO CONTRACTOR UNDER THIS CONTRACT,
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR BY STATUTE OR OTHERWISE, FOR ANY
CLAIM RELATED TO OR ARISING UNDER THIS CONTRACT, EXCEED THE
MAXIMUM AMOUNT OF FEES PAYABLE UNDER THIS CONTRACT.
20. Disclosure of Litigation, or Other Proceeding. Contractor must notify the State
within 14 calendar days of receiving notice of any litigation, investigation, arbitration, or
other proceeding (collectively, “Proceeding”) involving Contractor, a Permitted
Subcontractor, or an officer or director of Contractor or Permitted Subcontractor, that
arises during the term of the Contract, including:
(a) a criminal Proceeding;
(b) a parole or probation Proceeding;
(c) a Proceeding under the Sarbanes-Oxley Act;
(d) a civil Proceeding involving:
(i) a claim that might reasonably be expected to adversely affect
Contractor’s viability or financial stability; or
(ii) a governmental or public entity’s claim or written allegation of fraud; or
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(e) a Proceeding involving any license that Contractor is required to possess in
order to perform under this Contract.
21. State Data.
21.1 Ownership. The State’s data (“State Data”), which will be treated by Contractor
as Confidential Information, includes:
(a) User Data; and
(b) any other data collected, used, Processed, stored, or generated by the
State in connection with the Services, including but not limited to:
(i) personally identifiable information (“PII”) collected, used, Processed,
stored, or generated as the result of the Services, including, without
limitation, any information that identifies an individual, such as an
individual’s social security number or other government-issued
identification number, date of birth, address, telephone number,
biometric data, mother’s maiden name, email address, credit card
information, or an individual’s name in combination with any other of
the elements here listed; and
(ii) personal health information (“PHI”) collected, used, Processed, stored,
or generated as the result of the Services, which is defined under the
Health Insurance Portability and Accountability Act (“HIPAA”) and its
related rules and regulations.
21.2 State Data is and will remain the sole and exclusive property of the State and all
right, title, and interest in the same is reserved by the State.
21.3 Contractor Use of State Data. Contractor is provided a limited license to State
Data for the sole and exclusive purpose of providing the Services, including a license to
collect, process, store, generate, and display State Data only to the extent necessary in
the provision of the Services. Contractor must:
(a) keep and maintain State Data in strict confidence, using such degree of
care as is appropriate and consistent with its obligations as further described in this
Contract and applicable law to avoid unauthorized access, use, disclosure, or loss;
(b) use and disclose State Data solely and exclusively for the purpose of
providing the Services, such use and disclosure being in accordance with this Contract,
any applicable Statement of Work, and applicable law;
(c) keep and maintain State Data in the continental United States and
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(d) not use, sell, rent, transfer, distribute, or otherwise disclose or make
available State Data for Contractor’s own purposes or for the benefit of anyone other
than the State without the State’s prior written consent.
21.4 Discovery. Contractor will immediately notify the State upon receipt of any
requests which in any way might reasonably require access to State Data or the State’s
use of the Software and Hosted Services, if applicable. Contractor will notify the State
Program Managers or their designees by the fastest means available and also in
writing. In no event will Contract provide such notification more than twenty-four (24)
hours after Contractor receives the request. Contractor will not respond to subpoenas,
service of process, FOIA requests, and other legal requests related to the State without
first notifying the State and obtaining the State’s prior approval of Contractor’s proposed
responses. Contractor agrees to provide its completed responses to the State with
adequate time for State review, revision and approval.
21.5 Loss or Compromise of Data. In the event of any act, error or omission,
negligence, misconduct, or breach on the part of Contractor that compromises or is
suspected to compromise the security, confidentiality, integrity, or availability of State
Data or the physical, technical, administrative, or organizational safeguards put in place
by Contractor that relate to the protection of the security, confidentiality, or integrity of
State Data, Contractor must, as applicable:
(a) notify the State as soon as practicable but no later than twenty-four (24)
hours of becoming aware of such occurrence;
(b) cooperate with the State in investigating the occurrence, including making
available all relevant records, logs, files, data reporting, and other materials required to
comply with applicable law or as otherwise required by the State;
(c) in the case of PII or PHI, at the State’s sole election:
(i) with approval and assistance from the State, notify the affected
individuals who comprise the PII or PHI as soon as practicable but no
later than is required to comply with applicable law, or, in the absence
of any legally required notification period, within five (5) calendar days
of the occurrence; or
(ii) reimburse the State for any costs in notifying the affected individuals;
(d) in the case of PII, provide third-party credit and identity monitoring services
to each of the affected individuals who comprise the PII for the period required to
comply with applicable law, or, in the absence of any legally required monitoring
services, for no less than twenty-four (24) months following the date of notification to
such individuals;
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(e) perform or take any other actions required to comply with applicable law as
a result of the occurrence;
(f) pay for any costs associated with the occurrence, including but not limited to
any costs incurred by the State in investigating and resolving the occurrence, including
reasonable attorney’s fees associated with such investigation and resolution;
(g) without limiting Contractor’s obligations of indemnification as further
described in this Contract, indemnify, defend, and hold harmless the State for any and
all claims, including reasonable attorneys’ fees, costs, and incidental expenses, which
may be suffered by, accrued against, charged to, or recoverable from the State in
connection with the occurrence;
(h) be responsible for recreating lost State Data in the manner and on the
schedule set by the State without charge to the State; and
(i) provide to the State a detailed plan within ten (10) calendar days of the
occurrence describing the measures Contractor will undertake to prevent a future
occurrence. Notification to affected individuals, as described above, must comply with
applicable law, be written in plain language, not be tangentially used for any solicitation
purposes, and contain, at a minimum: name and contact information of Contractor’s
representative; a description of the nature of the loss; a list of the types of data involved;
the known or approximate date of the loss; how such loss may affect the affected
individual; what steps Contractor has taken to protect the affected individual; what steps
the affected individual can take to protect himself or herself; contact information for
major credit card reporting agencies; and, information regarding the credit and identity
monitoring services to be provided by Contractor. The State will have the option to
review and approve any notification sent to affected individuals prior to its delivery.
Notification to any other party, including but not limited to public media outlets, must be
reviewed and approved by the State in writing prior to its dissemination.
21.6 The parties agree that any damages relating to a breach of Section 21.6 are to
be considered direct damages and not consequential damages. Section 21 survives
termination or expiration of this Contract.
22. Non-Disclosure of Confidential Information. The parties acknowledge that each
party may be exposed to or acquire communication or data of the other party that is
confidential, privileged communication not intended to be disclosed to third parties. This
Section 22 survives termination or expiration of this Contract.
22.1 Meaning of Confidential Information. The term “Confidential Information”
means all information and documentation of a party that:
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(a) has been marked “confidential” or with words of similar meaning, at the time
of disclosure by such party;
(b) if disclosed orally or not marked “confidential” or with words of similar
meaning, was subsequently summarized in writing by the disclosing party and marked
“confidential” or with words of similar meaning; or,
(c) should reasonably be recognized as confidential information of the
disclosing party.
The term “Confidential Information” does not include any information or documentation
that was or is:
(d) in the possession of the State and subject to disclosure under the Michigan
Freedom of Information Act (FOIA);
(e) already in the possession of the receiving party without an obligation of
confidentiality;
(f) developed independently by the receiving party, as demonstrated by the
receiving party, without violating the disclosing party’s proprietary rights;
(g) obtained from a source other than the disclosing party without an obligation
of confidentiality; or,
(h) publicly available when received, or thereafter became publicly available
(other than through any unauthorized disclosure by, through, or on behalf of, the
receiving party).
For purposes of this Contract, in all cases and for all matters, State Data is deemed to
be Confidential Information.
22.2 Obligation of Confidentiality. The parties agree to hold all Confidential
Information in strict confidence and not to copy, reproduce, sell, transfer, or otherwise
dispose of, give or disclose such Confidential Information to third parties other than
employees, agents, or subcontractors of a party who have a need to know in connection
with this Contract or to use such Confidential Information for any purposes whatsoever
other than the performance of this Contract. The parties agree to advise and require
their respective employees, agents, and subcontractors of their obligations to keep all
Confidential Information confidential. Disclosure to the Contractor’s subcontractor is
permissible where:
(a) the subcontractor is a Permitted Subcontractor;
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(b) the disclosure is necessary or otherwise naturally occurs in connection with
work that is within the Permitted Subcontractor's responsibilities; and
(c) Contractor obligates the Permitted Subcontractor in a written contract to
maintain the State’s Confidential Information in confidence. At the State’s request, any
of the Contractor’s and Permitted Subcontractor’s Representatives may be required to
execute a separate agreement to be bound by the provisions of this Section 22.2.
22.3 Cooperation to Prevent Disclosure of Confidential Information. Each party must
use its best efforts to assist the other party in identifying and preventing any
unauthorized use or disclosure of any Confidential Information. Without limiting the
foregoing, each party must advise the other party immediately in the event either party
learns or has reason to believe that any person who has had access to Confidential
Information has violated or intends to violate the terms of this Contract. Each party will
cooperate with the other party in seeking injunctive or other equitable relief against any
such person.
22.4 Remedies for Breach of Obligation of Confidentiality. Each party acknowledges
that breach of its obligation of confidentiality may give rise to irreparable injury to the
other party, which damage may be inadequately compensable in the form of monetary
damages. Accordingly, a party may seek and obtain injunctive relief against the breach
or threatened breach of the foregoing undertakings, in addition to any other legal
remedies which may be available, to include, in the case of the State, at the sole
election of the State, the immediate termination, without liability to the State, of this
Contract or any Statement of Work corresponding to the breach or threatened breach.
22.5 Surrender of Confidential Information upon Termination. Upon termination or
expiration of this Contract or a Statement of Work, in whole or in part, each party must,
within five (5) Business Days from the date of termination, return to the other party any
and all Confidential Information received from the other party, or created or received by
a party on behalf of the other party, which are in such party’s possession, custody, or
control. Upon confirmation from the State, of receipt of all data, Contractor must
permanently sanitize or destroy the State’s Confidential Information, including State
Data, from all media including backups using National Security Agency (“NSA”) and/or
National Institute of Standards and Technology (“NIST”) (NIST Guide for Media
Sanitization 800-88) data sanitation methods or as otherwise instructed by the State. If
the State determines that the return of any Confidential Information is not feasible or
necessary, Contractor must destroy the Confidential Information as specified above.
The Contractor must certify the destruction of Confidential Information (including State
Data) in writing within five (5) Business Days from the date of confirmation from the
State.
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23. Records Maintenance, Inspection, Examination, and Audit.
23.1 Right of Audit. Pursuant to MCL 18.1470, the State or its designee may audit
Contractor to verify compliance with this Contract. Contractor must retain, and provide
to the State or its designee and the auditor general upon request, all financial and
accounting records related to this Contract through the Term of this Contract and for
four (4) years after the latter of termination, expiration, or final payment under this
Contract or any extension (“Financial Audit Period”). If an audit, litigation, or other
action involving the records is initiated before the end of the Financial Audit Period,
Contractor must retain the records until all issues are resolved.
23.2 Right of Inspection. Within ten (10) calendar days of providing notice, the State
and its authorized representatives or designees have the right to enter and inspect
Contractor’s premises or any other places where Services are being performed, and
examine, copy, and audit all records related to this Contract. Contractor must
cooperate and provide reasonable assistance. If financial errors are revealed, the
amount in error must be reflected as a credit or debit on subsequent invoices until the
amount is paid or refunded. Any remaining balance at the end of this Contract must be
paid or refunded within forty-five (45) calendar days.
23.3 Application. This Section 23 applies to Contractor, any Affiliate, and any
Permitted Subcontractor that performs Services in connection with this Contract.
24. Support Services. Contractor will provide the State with the Support Services
described in the Service Level Agreement attached as Schedule D to this Contract.
Such Support Services will be provided:
(a) Free of charge during the Warranty Period.
(b) Thereafter, for so long as the State elects to receive Support Services for
the Software, in consideration of the State's payment of Fees for such services in
accordance with the rates set forth in the Pricing Schedule.
25. Data Security Requirements. Throughout the Term and at all times in connection
with its actual or required performance of the Services, Contractor will maintain and
enforce an information security program including safety and physical and technical
security policies and procedures with respect to its Processing of the State’s
Confidential Information that comply with the requirements of the State’s data security
policies as set forth in Schedule E to this Contract.
26. Training. Contractor will provide, at no additional charge, training on all uses of the
Software permitted hereunder in accordance with the times, locations and other terms
set forth in a Statement of Work. Upon the State's request, Contractor will timely
provide training for additional Authorized Users or other additional training on all uses of
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the Software for which the State requests such training, at such reasonable times and
locations and pursuant to such rates and other terms as are set forth in the Pricing
Schedule.
27. Maintenance Releases; New Versions
27.1 Maintenance Releases. Provided that the State is current on its Fees, during
the Term, Contractor will provide the State, at no additional charge, with all
Maintenance Releases, each of which will constitute Software and be subject to the
terms and conditions of this Contract.
27.2 New Versions. Provided that the State is current on its Fees, during the Term,
Contractor will provide the State, at no additional charge, with all New Versions, each of
which will constitute Software and be subject to the terms and conditions of this
Contract.
27.3 Installation. The State has no obligation to install or use any Maintenance
Release or New Versions. If the State wishes to install any Maintenance Release or
New Version, the State will have the right to have such Maintenance Release or New
Version installed, in the State's discretion, by Contractor or other authorized party as set
forth in a Statement of Work. Contractor will provide the State, at no additional charge,
adequate Documentation for installation of the Maintenance Release or New Version,
which has been developed and tested by Contractor and Acceptance Tested by the
State. The State’s decision not to install or implement a Maintenance Release or New
Version of the Software will not affect its right to receive Support Services throughout
the Term of this Contract.
28. Reserved
29. Contractor Representations and Warranties.
29.1 Authority. Contractor represents and warrants to the State that:
(a) It is duly organized, validly existing, and in good standing as a corporation
or other entity as represented under this Contract under the laws and regulations of its
jurisdiction of incorporation, organization, or chartering;
(b) It has the full right, power, and authority to enter into this Contract, to grant
the rights and licenses granted under this Contract, and to perform its contractual
obligations;
(c) The execution of this Contract by its Representative has been duly
authorized by all necessary organizational action; and
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(d) When executed and delivered by Contractor, this Contract will constitute
the legal, valid, and binding obligation of Contractor, enforceable against Contractor in
accordance with its terms.
(e) Contractor is neither currently engaged in nor will engage in the boycott of
a person based in or doing business with a strategic partner as described in 22 USC
8601 to 8606.
29.2 Bid Response. Contractor represents and warrants to the State that:
(a) The prices proposed by Contractor were arrived at independently, without
consultation, communication, or agreement with any other Bidder for the purpose of
restricting competition; the prices quoted were not knowingly disclosed by Contractor to
any other Bidder to the Request for Proposal; and no attempt was made by Contractor
to induce any other Person to submit or not submit a proposal for the purpose of
restricting competition;
(b) All written information furnished to the State by or for Contractor in
connection with this Contract, including Contractor’s Bid Response, is true, accurate,
and complete, and contains no untrue statement of material fact or omits any material
fact necessary to make the information not misleading;
(c) Contractor is not in material default or breach of any other contract or
agreement that it may have with the State or any of its departments, commissions,
boards, or agencies. Contractor further represents and warrants that it has not been a
party to any contract with the State or any of its departments that was terminated by the
State within the previous five (5) years for the reason that Contractor failed to perform or
otherwise breached an obligation of the contract; and
(d) If any of the certifications, representations, or disclosures made in
Contractor’s Bid Response change after contract award, the Contractor is required to
report those changes immediately to the Contract Administrator.
29.3 Software Representations and Warranties. Contractor further represents and
warrants to the State that:
(a) it is the legal and beneficial owner of the entire right, title and interest in and
to the Software, including all Intellectual Property Rights relating thereto;
(b) it has, and throughout the license term, will retain the unconditional and
irrevocable right, power and authority to grant and perform the license hereunder;
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(c) it has, and throughout the Term and any additional periods during which
Contractor does or is required to perform the Services will have, the unconditional and
irrevocable right, power and authority, including all permits and licenses required, to
provide the Services and grant and perform all rights and licenses granted or required to
be granted by it under this Contract;
(d) the Software, and the State's use thereof, is and throughout the license
term will be free and clear of all encumbrances, liens and security interests of any kind;
(e) neither its grant of the license, nor its performance under this Contract does
or to its knowledge will at any time:
(i) conflict with or violate any applicable law;
(ii) require the consent, approval or authorization of any governmental or
regulatory authority or other third party; or
(iii) require the provision of any payment or other consideration to any third
party;
(f) when used by the State or any Authorized User in accordance with this
Contract and the Documentation, the Software, the Hosted Services, if applicable, or
Documentation as delivered or installed by Contractor does not or will not:
(i) infringe, misappropriate or otherwise violate any Intellectual Property
Right or other right of any third party; or
(ii) fail to comply with any applicable law;
(g) as provided by Contractor, the Software and Services do not and will not at
any time during the Term contain any:
(i) Harmful Code; or
(ii) Third party or Open-Source Components that operate in such a way
that it is developed or compiled with or linked to any third party or
Open-Source Components, other than Approved Third Party
Components specifically described in a Statement of Work.
(h) all Documentation is and will be complete and accurate in all material
respects when provided to the State such that at no time during the license term will the
Software have any material undocumented feature; and
(i) it will perform all Services in a timely, skillful, professional and workmanlike
manner in accordance with commercially reasonable industry standards and practices
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for similar services, using personnel with the requisite skill, experience and
qualifications, and will devote adequate resources to meet its obligations under this
Contract and will devote adequate resources to meet Contractor’s obligations under this
Contract;.
(j) when used in the Operating Environment (or any successor thereto) in
accordance with the Documentation, all Software as provided by Contractor, will be fully
operable, meet all applicable specifications, and function in all respects, in conformity
with this Contract and the Documentation;
(k) Contractor acknowledges that the State cannot indemnify any third parties,
including but not limited to any third-party software providers that provide software that
will be incorporated in or otherwise used in conjunction with the Services, and that
notwithstanding anything to the contrary contained in any third-party software license
agreement or end user license agreement, the State will not indemnify any third party
software provider for any reason whatsoever;
(l) no Maintenance Release or New Version, when properly installed in
accordance with this Contract, will have a material adverse effect on the functionality or
operability of the Software.
(m) all Configurations or Customizations made during the Term will be forward-
compatible with future Maintenance Releases or New Versions and be fully supported
without additional costs.
(n) If Contractor Hosted:
(i) Contractor will not advertise through the Hosted Services (whether
with adware, banners, buttons or other forms of online advertising) or
link to external web sites that are not approved in writing by the State;
(ii) the Software and Services will in all material respects conform to and
perform in accordance with the Specifications and all requirements of
this Contract, including the Availability and Availability Requirement
provisions set forth in the Service Level Agreement;
(iii) all Specifications are, and will be continually updated and maintained
so that they continue to be, current, complete and accurate and so that
they do and will continue to fully describe the Hosted Services in all
material respects such that at no time during the Term or any
additional periods during which Contractor does or is required to
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perform the Services will the Hosted Services have any material
undocumented feature;
(o) During the Term of this Contract, any audit rights contained in any third-
party software license agreement or end user license agreement for third-party software
incorporated in or otherwise used in conjunction with the Software or with the Hosted
Services, if applicable, will apply solely to Contractor or its Permitted Subcontractors.
Regardless of anything to the contrary contained in any third-party software license
agreement or end user license agreement, third-party software providers will have no
audit rights whatsoever against State Systems or networks.
29.4 Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN
THIS AGREEMENT, CONTRACTOR HEREBY DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT
TO THIS CONTRACT.
30. Offers of Employment. During the first twelve (12) months of the Contract, should
Contractor hire an employee of the State who has substantially worked on any project
covered by this Contract without prior written consent of the State, the Contractor will be
billed for fifty percent (50%) of the employee’s annual salary in effect at the time of
separation.
31. Conflicts and Ethics. Contractor will uphold high ethical standards and is
prohibited from: (a) holding or acquiring an interest that would conflict with this Contract;
(b) doing anything that creates an appearance of impropriety with respect to the award
or performance of the Contract; (c) attempting to influence or appearing to influence any
State employee by the direct or indirect offer of anything of value; or (d) paying or
agreeing to pay any person, other than employees and consultants working for
Contractor, any consideration contingent upon the award of the Contract. Contractor
must immediately notify the State of any violation or potential violation of these
standards. This Section applies to Contractor, any parent, affiliate, or subsidiary
organization of Contractor, and any Permitted Subcontractor that provides Services and
Deliverables in connection with this Contract.
32. Compliance with Laws. Contractor, its subcontractors, including Permitted
Subcontractors, and their respective Representatives must comply with all laws in
connection with this Contract.
33. Nondiscrimination. Under the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCL
37.2101, et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL
37.1101, et seq., and Executive Directive 2019-09, Contractor and its subcontractors
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agree not to discriminate against an employee or applicant for employment with respect
to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or
indirectly related to employment, because of race, color, religion, national origin, age,
sex (as defined in Executive Directive 2019-09), height, weight, marital status, partisan
considerations, any mental or physical disability, or genetic information that is unrelated
to the person’s ability to perform the duties of a particular job or position. Breach of this
covenant is a material breach of the Contract.
34. Unfair Labor Practice. Under MCL 423.324, the State may void any Contract with
a Contractor or Permitted Subcontractor who appears on the Unfair Labor Practice
register compiled under MCL 423.322.
35. Governing Law. This Contract is governed, construed, and enforced in accordance
with Michigan law, excluding choice-of-law principles, and all claims relating to or arising
out of this Contract are governed by Michigan law, excluding choice-of-law principles.
Any dispute arising from this Contract must be resolved in the Michigan Court of Claims.
Complaints against the State must be initiated in Ingham County, Michigan. Contractor
waives any objections, such as lack of personal jurisdiction or forum non conveniens.
Contractor must appoint an agent in Michigan to receive service of process.
36. Non-Exclusivity. Nothing contained in this Contract is intended nor is to be
construed as creating any requirements contract with Contractor, nor does it provide
Contractor with a right of first refusal for any future work. This Contract does not restrict
the State or its agencies from acquiring similar, equal, or like Services from other
sources.
37. Force Majeure
37.1 Force Majeure Events. Neither party will be liable or responsible to the other
party, or be deemed to have defaulted under or breached the Contract, for any failure or
delay in fulfilling or performing any term hereof, when and to the extent such failure or
delay is caused by: acts of God, flood, fire or explosion, war, terrorism, invasion, riot or
other civil unrest, embargoes or blockades in effect on or after the date of the Contract,
national or regional emergency, or any passage of law or governmental order, rule,
regulation or direction, or any action taken by a governmental or public authority,
including imposing an embargo, export or import restriction, quota or other restriction or
prohibition (each of the foregoing, a “Force Majeure Event”), in each case provided
that: (a) such event is outside the reasonable control of the affected party; (b) the
affected party gives prompt written notice to the other party, stating the period of time
the occurrence is expected to continue; (c) the affected party uses diligent efforts to end
the failure or delay and minimize the effects of such Force Majeure Event.
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37.2 State Performance; Termination. In the event of a Force Majeure Event
affecting Contractor’s performance under the Contract, the State may suspend its
performance hereunder until such time as Contractor resumes performance. The State
may terminate the Contract by written notice to Contractor if a Force Majeure Event
affecting Contractor’s performance hereunder continues substantially uninterrupted for a
period of five (5) Business Days or more. Unless the State terminates the Contract
pursuant to the preceding sentence, any date specifically designated for Contractor’s
performance under the Contract will automatically be extended for a period up to the
duration of the Force Majeure Event.
37.3 Exclusions; Non-suspended Obligations. Notwithstanding the foregoing or any
other provisions of the Contract or this Schedule:
(a) in no event will any of the following be considered a Force Majeure Event:
(i) shutdowns, disruptions or malfunctions of Hosted Services or any of
Contractor’s telecommunication or internet services other than as a
result of general and widespread internet or telecommunications
failures that are not limited to the Hosted Services; or
(ii) the delay or failure of any Contractor Personnel to perform any
obligation of Contractor hereunder unless such delay or failure to
perform is itself by reason of a Force Majeure Event.
(b) no Force Majeure Event modifies or excuses Contractor’s obligations under
Sections 21 (State Data), 22 (Non-Disclosure of Confidential Information), or 17
(Indemnification) of the Contract, Disaster Recovery and Backup requirements set forth
in the Service Level Agreement, Availability Requirement (if Contractor Hosted ) defined
in the Service Level Agreement, or any data retention or security requirements under
the Contract.
38. Dispute Resolution. The parties will endeavor to resolve any Contract dispute in
accordance with this provision. The dispute will be referred to the parties' respective
Contract Administrators. Such referral must include a description of the issues and all
supporting documentation. The parties must submit the dispute to a senior executive if
unable to resolve the dispute within 15 business days. The parties will continue
performing while a dispute is being resolved, unless the dispute precludes performance.
A dispute involving payment does not preclude performance. Litigation to resolve the
dispute will not be instituted until after the dispute has been elevated to the parties’
senior executive and either concludes that resolution is unlikely or fails to respond within
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fifteen (15) business days. The parties are not prohibited from instituting formal
proceedings: (a) to avoid the expiration of statute of limitations period; (b) to preserve a
superior position with respect to creditors; or (c) where a party makes a determination
that a temporary restraining order or other injunctive relief is the only adequate remedy.
This Section does not limit the State’s right to terminate the Contract.
39. Media Releases. News releases (including promotional literature and commercial
advertisements) pertaining to this Contract or project to which it relates must not be
made without the prior written approval of the State, and then only in accordance with
the explicit written instructions of the State.
40. Severability. If any part of this Contract is held invalid or unenforceable, by any
court of competent jurisdiction, that part will be deemed deleted from this Contract and
the severed part will be replaced by agreed upon language that achieves the same or
similar objectives. The remaining Contract will continue in full force and effect.
41. Waiver. Failure to enforce any provision of this Contract will not constitute a waiver.
42. Survival. The rights, obligations and conditions set forth in this Section 42 and
Section 1 (Definitions), Section (Transition Responsibilities), Section 17
(Indemnification), Section 19 (Disclaimer of Damages and Limitations of Liability),
Section 21 (State Data), Section 22 (Non-Disclosure of Confidential information),
Section 29 (Contractor Representations and Warranties), Section 53 (Effect of
Contractor Bankruptcy) and Schedule C Insurance, and any right, obligation or
condition that, by its express terms or nature and context is intended to survive the
termination or expiration of this Contract, survives any such termination or expiration.
43. Administrative Fee and Reporting Contractor must pay an administrative fee of
1% on all payments made to Contractor under the Contract including transactions with
the State (including its departments, divisions, agencies, offices, and commissions),
MiDEAL members, and other states (including governmental subdivisions and
authorized entities). Administrative fee payments must be made online by check or
credit card:
State of MI Admin Fees: https://www.thepayplace.com/mi/dtmb/adminfee
State of Mi MiDEAL Fees: https://www.thepayplace.com/mi/dtmb/midealfee
Contractor must submit an itemized purchasing activity report, which includes at a
minimum, the name of the purchasing entity and the total dollar volume in sales.
Reports should be mailed to MiDeal@michigan.gov.
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The administrative fee and purchasing activity report are due within 30 calendar days
from the last day of each calendar quarter.
44. Extended Purchasing Program. This contract is extended to MiDEAL members.
MiDEAL members include local units of government, school districts, universities,
community colleges, and nonprofit hospitals. A current list of MiDEAL members is
available at www.michigan.gov/mideal.
44.1 Upon written agreement between the State and Contractor, this contract may
also be extended to:
(a) other states (including governmental subdivisions and authorized entities);
and
(b) State of Michigan employees.
44.2 If extended, Contractor must supply all Services and Deliverables at the
established Contract prices and terms. The State reserves the right to impose an
administrative fee and negotiate additional discounts based on any increased volume
generated by such extensions.
44.3 Contractor must submit invoices to, and receive payment from, extended
purchasing program members on a direct and individual basis.
45. Contract Modification. This Contract may not be amended except by signed
agreement between the parties (a “Contract Change Notice”). Notwithstanding the
foregoing, no subsequent Statement of Work or Contract Change Notice executed after
the Effective Date will be construed to amend this Contract unless it specifically states
its intent to do so and cites the section or sections amended.
46. HIPAA Compliance. The State and Contractor must comply with all obligations
under HIPAA and its accompanying regulations, including but not limited to entering into
a business associate agreement, if reasonably necessary to keep the State and
Contractor in compliance with HIPAA.
47. Accessibility Requirements.
47.1 All Software provided by Contractor under this Contract, including associated
content and documentation, must conform to WCAG 2.0 Level AA. Contractor must
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provide a description of conformance with WCAG 2.0 Level AA specifications by
providing a completed PAT for each product provided under the Contract. At a
minimum, Contractor must comply with the WCAG 2.0 Level AA conformance claims it
made to the State, including the level of conformance provided in any PAT. Throughout
the Term of the Contract, Contractor must:
(a) maintain compliance with WCAG 2.0 Level AA and meet or exceed the
level of conformance provided in its written materials, including the level of conformance
provided in each PAT;
(b) comply with plans and timelines approved by the State to achieve
conformance in the event of any deficiencies;
(c) ensure that no Maintenance Release, New Version, update or patch, when
properly installed in accordance with this Contract, will have any adverse effect on the
conformance of Contractor’s Software to WCAG 2.0 Level AA;
(d) promptly respond to and resolve any complaint the State receives
regarding accessibility of Contractor’s Software;
(e) upon the State’s written request, provide evidence of compliance with this
Section by delivering to the State Contractor’s most current PAT for each product
provided under the Contract; and
(f) participate in the State of Michigan Digital Standards Review described
below.
47.2 State of Michigan Digital Standards Review. Contractor must assist the State,
at no additional cost, with development, completion, and on-going maintenance of an
accessibility plan, which requires Contractor, upon request from the State, to submit
evidence to the State to validate Contractor’s accessibility and compliance with WCAG
2.0 Level AA. Prior to the solution going-live and thereafter on an annual basis, or as
otherwise required by the State, re-assessment of accessibility may be required. At no
additional cost, Contractor must remediate all issues identified from any assessment of
accessibility pursuant to plans and timelines that are approved in writing by the State.
47.3 Warranty. Contractor warrants that all WCAG 2.0 Level AA conformance claims
made by Contractor pursuant to this Contract, including all information provided in any
PAT Contractor provides to the State, are true and correct. If the State determines such
conformance claims provided by the Contractor represent a higher level of conformance
than what is actually provided to the State, Contractor will, at its sole cost and expense,
promptly remediate its Software to align with Contractor’s stated WCAG 2.0 Level AA
conformance claims in accordance with plans and timelines that are approved in writing
by the State. If Contractor is unable to resolve such issues in a manner acceptable to
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the State, in addition to all other remedies available to the State, the State may
terminate this Contract for cause under Section 16.1.
47.4 Contractor must, without limiting Contractor’s obligations of indemnification as
further described in this Contract, indemnify, defend, and hold harmless the State for
any and all claims, including reasonable attorneys’ fees, costs, and incidental expenses,
which may be suffered by, accrued against, charged to, or recoverable from the State
arising out of its failure to comply with the foregoing accessibility standards
47.5 Failure to comply with the requirements in this Section 47 shall constitute a
material breach of this Contract.
48. Further Assurances. Each party will, upon the reasonable request of the other
party, execute such documents and perform such acts as may be necessary to give full
effect to the terms of this Contract.
49. Relationship of the Parties. The relationship between the parties is that of
independent contractors. Nothing contained in this Contract is to be construed as
creating any agency, partnership, joint venture or other form of joint enterprise,
employment or fiduciary relationship between the parties, and neither party has
authority to contract for nor bind the other party in any manner whatsoever.
50. Headings. The headings in this Contract are for reference only and do not affect
the interpretation of this Contract.
51. No Third-party Beneficiaries. This Contract is for the sole benefit of the parties
and their respective successors and permitted assigns. Nothing herein, express or
implied, is intended to or will confer on any other person or entity any legal or equitable
right, benefit or remedy of any nature whatsoever under or by reason of this Contract.
52. Equitable Relief. Each party to this Contract acknowledges and agrees that (a) a
breach or threatened breach by such party of any of its obligations under this Contract
may give rise to irreparable harm to the other party for which monetary damages would
not be an adequate remedy and (b) in the event of a breach or a threatened breach by
such party of any such obligations, the other party hereto is, in addition to any and all
other rights and remedies that may be available to such party at law, at equity or
otherwise in respect of such breach, entitled to equitable relief, including a temporary
restraining order, an injunction, specific performance and any other relief that may be
available from a court of competent jurisdiction, without any requirement to post a bond
or other security, and without any requirement to prove actual damages or that
monetary damages will not afford an adequate remedy. Each party to this Contract
agrees that such party will not oppose or otherwise challenge the appropriateness of
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equitable relief or the entry by a court of competent jurisdiction of an order granting
equitable relief, in either case, consistent with the terms of this Section.
53. Effect of Contractor Bankruptcy. All rights and licenses granted by Contractor
under this Contract are and will be deemed to be rights and licenses to “intellectual
property,” and all Software and Deliverables are and will be deemed to be
“embodiments” of “intellectual property,” for purposes of, and as such terms are used in
and interpreted under, Section 365(n) of the United States Bankruptcy Code (the
“Code”). If Contractor or its estate becomes subject to any bankruptcy or similar
proceeding, the State retains and has the right to fully exercise all rights, licenses,
elections, and protections under this Contract, the Code and all other applicable
bankruptcy, insolvency, and similar laws with respect to all Software and other
Deliverables. Without limiting the generality of the foregoing, Contractor acknowledges
and agrees that, if Contractor or its estate will become subject to any bankruptcy or
similar proceeding:
(a) all rights and licenses granted to the State under this Contract will continue
subject to the terms and conditions of this Contract, and will not be affected, even by
Contractor’s rejection of this Contract; and
(b) the State will be entitled to a complete duplicate of (or complete access to,
as appropriate) all such intellectual property and embodiments of intellectual property
comprising or relating to any Software or other Deliverables, and the same, if not
already in the State’s possession, will be promptly delivered to the State, unless
Contractor elects to and does in fact continue to perform all of its obligations under this
Contract.
54. Schedules. All Schedules that are referenced herein and attached hereto are
hereby incorporated by reference. The following Schedules are attached hereto and
incorporated herein:
Schedule A
Statement of Work
Schedule B
Pricing Schedule
Schedule C
Schedule D
Schedule E
Schedule F
Schedule G
Insurance Schedule
Service Level Agreement
Data Security Requirements
Disaster Recovery Plan (if Contractor Hosted)
Transition Plan
55. Counterparts. This Contract may be executed in counterparts, each of which will
be deemed an original, but all of which together are deemed to be one and the same
agreement and will become effective and binding upon the parties as of the Effective
Date at such time as all the signatories hereto have signed a counterpart of this
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Contract. A signed copy of this Contract delivered by facsimile, e-mail or other means
of electronic transmission (to which a signed copy is attached) is deemed to have the
same legal effect as delivery of an original signed copy of this Contract.
56. Entire Agreement. These Terms and Conditions, including all Statements of Work
and other Schedules and Exhibits (again collectively the “Contract”) constitutes the sole
and entire agreement of the parties to this Contract with respect to the subject matter
contained herein, and supersedes all prior and contemporaneous understandings and
agreements, representations and warranties, both written and oral, with respect to such
subject matter. In the event of any inconsistency between the statements made in the
Terms and Conditions, the Schedules, Exhibits, and a Statement of Work, the following
order of precedence governs: (a) first, these Terms and Conditions and (b) second,
Schedule E – Data Security Requirements and (c) third, each Statement of Work; and
(d) fourth, the remaining Exhibits and Schedules to this Contract. NO TERMS ON
CONTRACTOR’S INVOICES, WEBSITE, BROWSE-WRAP, SHRINK-WRAP, CLICK-
WRAP, CLICK-THROUGH OR OTHER NON-NEGOTIATED TERMS AND
CONDITIONS PROVIDED WITH ANY OF THE SERVICES, OR DOCUMENTATION
HEREUNDER, EVEN IF ATTACHED TO STATE’S DELIVERY OR PURCHASE
ORDER, WILL CONSTITUTE A PART OR AMENDMENT OF THIS CONTRACT OR IS
BINDING ON THE STATE OR ANY AUTHORIZED USER FOR ANY PURPOSE. ALL
SUCH OTHER TERMS AND CONDITIONS HAVE NO FORCE AND EFFECT AND
ARE DEEMED REJECTED BY THE STATE AND THE AUTHORIZED USER, EVEN IF
ACCESS TO OR USE OF SUCH SERVICE OR DOCUMENTATION REQUIRES
AFFIRMATIVE ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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SCHEDULE A - STATEMENT OF WORK
1. DEFINITIONS
The following terms have the meanings set forth below. All initial capitalized terms that
are not defined in this Schedule shall have the respective meanings given to them in
Section 1 of the Contract Terms and Conditions.
Term
Definition
DTMB Department of Technology, Management, and Budget
LEO Department of Labor and Economic Opportunity
LEO-E&T
Department of Labor and Economic Opportunity – Employment
and Training
MWA Michigan Works! Agency
OSMIS One-Stop Management Information System
SNAP Supplemental Nutrition Assistance Program
SOM State of Michigan
TAA Trade Adjustment Assistance Act
TANF Temporary Assistance for Needy Families
WIOA Workforce Innovation and Opportunity Act
2. BACKGROUND
LEO's mission is to expand economic opportunity and prosperity for all. To accomplish
this, LEO-E&T supports a demand driven workforce system, assists the structurally
unemployed with financial independence, advocates for the integration of workforce
development into the K-12 system, and supports the alignment of workforce development
with economic development efforts. LEO-E&T is responsible for implementing key
workforce and education programs, including the Workforce Innovation and Opportunity
Act (WIOA), Trade Adjustment Assistance Act (TAA), Wagner-Peyser Employment
Services Act, Temporary Assistance for Needy Families (TANF), Supplemental Nutrition
Assistance Program - Employment and Training (SNAP E&T), and other state and federal
workforce programs.
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The current One-Stop Management Information System (OSMIS) is a web-based
database that collects and stores information about customers of Michigan's workforce
system. The data is required for federal and state reporting. The replacement system
must collect and store data required for compliance with the programs identified above.
These programs are critical components in ensuring Michigan's businesses have access
to a skilled workforce and assisting Michigan residents' transition from public assistance
to family sustaining employment and wages.
The current OSMIS is a database system with numerous key features and components.
Each component makes use of a single applicant record that contains all the information
about that person. OSMIS is a Web-based system, with a login process that maintains
security for the system. Service providers enter information into the OSMIS database
about the services delivered to customers. Data can only be entered by and is only
displayed to, users who have system permission to see and use the information.
Information entered is available immediately after entering the data (real-time updates).
In 2015 LEO-E&T and Michigan Works! Agency (MWA) staff completed a vendor
facilitated system requirements gathering and gap analysis to document high-level
functional needs for the OSMIS Case Management conversion project. These initial
requirements documents were received and reviewed by Department of Technology
Budget and Management, (DTMB), OSMIS support staff, and feedback was provided to
LEO-E&T for next steps to enhance OSMIS and transform the application into a case
management solution. In February 2019, a Lean Process Improvement (LPI) was
conducted to gather additional detail about the requirements for the case management
system.
PURPOSE
The State is seeking either a Contractor Hosted or State Hosted Software Solution and
applicable Services
Implement a customer-centered, case management system that assists workforce staff
in collecting required reporting information, directing customers toward appropriate
services based on their individualized employment plans, and tracking those services
from customer entry through the conclusion of services, follow up activities, and required
reporting.
Improve user interfaces (screens), menus, navigation, automation, and reporting for a
consistent look and feel that is ADA compliant. Data collection and reporting
requirements include: federal Training and Employment Guidelines (TEGLs), and state
issued Policy Issuances (PIs), including the Participant Individual Record Layout (PIRL)
for federal reporting.
3. IT ENVIRONMENT RESPOSIBILITIES
Contractor will provide a subscription-based, Contractor-Hosted solution, MonsterWorks.
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Contractor utilizes an industry-best practices “Defense-in-Depth” strategy to provide a
multi-layered system of controls aimed at minimizing the risks to the Confidentiality,
Availability, and Integrity of its IT Systems and Information, wherever it exists and in
whatever form. By investing in people and processes Contractor provides industry-
leading protection for the data that our customers entrust to us.
Contractor staff undergo annual security awareness training as well as ad-hoc anti-
phishing tests to help minimize the likelihood of any phishing attacks being successful.
Contractor operates an effective and holistic approach to monitoring, both within its web
application architecture and the supporting infrastructure. The team deploys technical,
operational, and management security controls to harden the system and ensure that
Monster Worldwide, Inc. maintains a mature and proactive approach to addressing the
constantly evolving threat landscape.
Contractor has robust procedures in place for addressing suspected or known security
incidents. Contractor follows its Incident Response Policy & Plan to identify and remediate
a suspected known security incident. This plan includes, for example:
• Reporting Processes
• Event Management Processes
• Defined Roles and Responsibilities
• Escalation Paths
• Disciplinary Measures
The Contractor Information Security Team leads the incident response protocol by
investigating to determine if, in fact, an incident has occurred. In the event of an incident,
Contractor’s current practice and underlying Incident Response Policy & Plan defines and
verifies the steps and actions to be taken to notify, respond, contain, eradicate, recover
from, and minimize data loss from potential or confirmed information security incidents,
data breaches or fraud attempts.
The Contractor IT Security Team uses an industry-standard, two-layer scanning approach
to detect vulnerabilities. The team consistently runs regular/ongoing external and internal
scans on both an automated and ad hoc basis to detect vulnerabilities and ensure that
security patching is up to date.
Contractor also tests for vulnerabilities to SQL injection, SSI injection, Cross Site Scripting
(XSS) attacks, denial of service attacks, OS Command Injection, LDAP injection, buffer
overflows, content spoofing, and brute forcing.
Contractor agrees to share our completed third-party SOC 2 Type II reports with the State.
For a Contractor Hosted Software Solution:
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Definitions:
Facilities – Physical buildings containing Infrastructure and supporting services,
including physical access security, power connectivity and generators, HVAC systems,
communications connectivity access and safety systems such as fire suppression.
Infrastructure – Hardware, firmware, software, and networks, provided to develop, test,
deliver, monitor, manage, and support IT services which are not included under Platform
and Application.
Platform – Computing server software components including operating system (OS),
middleware (e.g. Java runtime, .NET runtime, integration, etc.), database and other
services to host applications
Application – Software programs which provide functionality for end user and Contractor
services
Storage – Physical data storage devices, usually implemented using virtual partitioning,
which store software and data for IT system operations
Backup – Storage and services that provide online and offline redundant copies of
software and data
Development - Process of creating, testing and maintaining software components
Component
Matrix
Identify contract components
with contractor or subcontractor
name(s), if applicable
Facilities
Equinix / Iron Mountain –
Datacenter Colocation –
Contractor has no facility
responsibility. All physical
and environmental security
functions are handled by the
colocation provider.
Amazon Web Services -
Using shared service model.
Infrastructure
Colocation facilities:
Cisco / Dell – Servers
Cisco / F5 – Network
AWS – Shared Service Model
Platform
Microsoft – OS, Database,
Front end
VMware – Hypervisor
Redhat / CentOS - OS
Oracle. – Java
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AWS – Shared service Model
Application
The MonsterWorks application
is developed in-house by
Contractor. If contractors are
required for surge load,
Contractor will use:
Beacon Hill
Eliassen Group
Syrinx Consulting
Storage
Colocation: Dell / EMC
AWS – Shared service Model
Backup
Colocation: Veritas
AWS: Shared service model
Development
The MonsterWorks application
is developed in house by
Contractor. If contractors are
required for surge load,
Contractor will use:
Beacon Hill
Eliassen Group
Syrinx Consulting
The MonsterWorks solution will not require any subcontractors to deliver the requirements
of this Contract.
4. ADA COMPLIANCE
The State is required to comply with the Americans with Disabilities Act of 1990 (ADA)
and has adopted standards and procedures regarding accessibility requirements for
websites and software applications. All websites, applications, software, and associated
content and documentation provided by the Contractor as part of the Solution must
comply with Level AA of the World Wide Web Consortium (W3C) Web Content
Accessibility Guidelines (WCAG) 2.0.
Contractor must provide a description of conformance with WCAG 2.0 Level AA
specifications by providing a completed PAT for the Solution. If the Solution is comprised
of multiple products, a PAT must be provided for each product. In addition to PATs,
Contractors may include a verification of conformance certified by an industry-recognized
third-party. If the Contractor is including any third-party products in the Solution,
Contractor must obtain and provide the third-party PATs as well.
Each PAT must state exactly how the product meets the specifications. All “Not
Applicable” (N/A) responses must be fully explained. Contractor must address each
standard individually and with specificity; and clarify whether conformance is achieved
throughout the entire product (for example – user functionality, administrator functionality,
and reporting), or only in limited areas. A description of the evaluation methods used to
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support WCAG 2.0 Level AA conformance claims, including, if applicable, any third-party
testing, must be provided. For each product that does not fully conform to WCAG 2.0
Level AA, Contractor must provide detailed information regarding the plan to achieve
conformance, including timelines.
The MonsterWorks system conforms to Web Content Accessibility Guidelines (WCAG)
level 2 and W3C standards whenever technically possible. The system also meets
Section 508 (ADA standards) and compliance. Contractor also conducts compliance
testing using the current version of JAWS for screen reader compatibility, and will comply
with any change in 508 standards, where appropriate or where directed. Contractor must
provide completed PATs for the solution prior to software acceptance beginning.
The application is built with Angular Material User Interface (UI) components that are
based on Google's Material Design specification, which is designed to support
accessibility principles intended to meet Web Content Accessibility Guidelines (WCAG)
requirements. As part of the development process, UX designers provide essential
guidance such as page layout, navigation, and color palette(s) to achieve a consistent,
intuitive user experience.
From a testing perspective, tools such as the WAVE browser extension are utilized to
identify errors and warnings. Also, the JAWS screen reader is utilized to fully evaluate the
accessibility of all content.
5. USER TYPE AND CAPACITY
Type of User Access Type Number of Users
Number of
Concurrent Users
Public Citizen Read and Write 50,000* 1000*
State Employee
Read, Write, and
Admin
100 20
Michigan Works!
Read, Write, and
Admin
3000 100
Approved Third
Party (Vendor)
Admin TBD TBD
*The public has not previously had access to the system, so these are estimates only.
Contractor Solution must meet the expected number of concurrent Users.
MonsterWorks has been designed, implemented, and tested utilizing Contractor’s best
practices for performance, scalability as well as security. The MonsterWorks system
shares its infrastructure with Contractor’s Monster.com system, which is configured to
support tens of thousands of simultaneous users without experiencing performance
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degradation. Thus, the infrastructure can be dynamically expanded to meet any traffic
spike.
Like all web applications, the MonsterWorks system displays pages that have differing
levels of complexity and therefore require more processing time. Pages that include more
static content will display faster than pages that have data-driven forms and reports. The
MonsterWorks System will meet the following performance thresholds:
MonsterWorks will provide a response time of less than 2 seconds for accessing
low complexity pages composed of mostly static text and other non-
computationally intensive elements.
MonsterWorks will provide a response time of less than 5 seconds for accessing
medium complexity pages composed of some static text along with dynamic text
related to a single entity retrieved from the database.
MonsterWorks will provide a response time of less than 5 seconds for 90% of all
searches. The remaining 10% will complete in less than 15 seconds.
MonsterWorks will provide a response time of less than 15 seconds for accessing
any level of complexity pages composed of dynamically generated text, images,
multimedia elements, many computationally intensive elements, and calls to
external, non-cacheable services.
To achieve these times, the end user must have a high-speed Internet connection.
Performing a speed test from the local machine, performance of 115 Megabits per second
download and 15 Megabits per second upload is required. Contractor cannot guarantee
performance for the State’s digital assets and network. There are many factors that can
impact the end user’s experience of cloud-based applications, most notable are available
bandwidth not meeting demand, improper firewall or switch configuration, and ISP
connectivity issues.
6. ACCESS CONTROL AND AUTHENICATION
The Contractor’s solution must integrate with the State’s IT Identity and Access
Management (IAM) environment as described in the State of Michigan Digital Strategy
(https://www.michigan.gov/dtmb/0,5552,7-358-82547_56345_56351_69611-336646--
,00.html), which consist of:
6.1 MILogin/Michigan Identity, Credential, and Access Management (MICAM). An
enterprise single sign-on and identity management solution based on IBM’s
Identity and Access Management products including, IBM Security Identity
Manager (ISIM), IBM Security Access Manager for Web (ISAM), IBM Tivoli
Federated Identity Manager (TFIM), IBM Security Access Manager for Mobile
(ISAMM), and IBM DataPower, which enables the State to establish, manage, and
authenticate user identities for the State’s Information Technology (IT) systems.
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6.2 MILogin Identity Federation. Allows federated single sign-on (SSO) for business
partners, as well as citizen-based applications.
6.3 MILogin Multi Factor Authentication (MFA, based on system data classification
requirements). Required for those applications where data classification is
Confidential and Restricted as defined by the 1340.00 Michigan Information
Technology Information Security Policy (i.e. the solution must comply with PHI,
PCI, CJIS, IRS, and other standards).
6.4 MILogin Identity Proofing Services (based on system data classification
requirements). A system that verifies individual’s identities before the State allows
access to its IT system. This service is based on “life history” or transaction
information aggregated from public and proprietary data sources. A leading credit
bureau provides this service.
To integrate with the SOM MILogin solution, the Contractor’s solution must support
SAML, or OAuth or OpenID interfaces for the SSO purposes.
The MonsterWorks system provides automated, role-based digital identity management
through SAML-based Single Sign-On (SSO) using SOAP/REST protocols, allowing State
users to log on across multiple integrated State systems with their enterprise ID. During
the project implementation phase, Contractor will work with the appropriate State
resources to add MonsterWorks to the State’s MILogin federation.
7. DATA RETENTION AND REMOVAL
The State will need to retain all data for the entire length of the Contract unless otherwise
directed by the State and as required by Federal regulation.
The MonsterWorks system will keep all data online and available to the State, through
the duration of the contract, until it is purged upon contract completion using NIST
compliant data sanitization procedures.
For data backup in Contractor’s co-located data centers, the process consists of several
different technologies to safeguard data. MS SQL backups are created using a third-party
backup software, LiteSpeed, which creates encrypted full and transaction log backups.
These files are written to the local system, NetBackup software archives to a Virtual Tape
Library (VTL). Two full weeks on the VTL are held onsite. Weekend backups are
duplicated to tape and encrypted via Quantum Key Encryption Manager (Q-EKM).
Physical tapes are sent offsite to Iron Mountain for vaulting. The end of weeks 1, 2, and
3 (of the month) are held offsite for a period of six weeks and then recycled back as
scratch media. Week 4 backups are retained offsite for a period of two years and are then
recycled back as scratch media.
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Services hosted in AWS are backed up according to policy using a combination of AWS
managed backup services, RDS snapshots, and database replicas in different Availability
Zones. S3 buckets used for storing objects and documents have versioning enabled to
quickly rollback or restore in the event of corruption.
8. END USER OPERATING ENVIRONMENT
The SOM IT environment includes X86 VMware, IBM Power VM, MS Azure/Hyper-V and
Oracle VM, with supporting platforms, enterprise storage, monitoring, and management.
Contractor must accommodate the latest browser versions (including mobile browsers)
as well as some pre-existing browsers. To ensure that users with older browsers are still
able to access online services, applications must, at a minimum, display and function
correctly in standards-compliant browsers and the state standard browser without the use
of special plugins or extensions. The rules used to base the minimum browser
requirements include:
• Over 2% of site traffic, measured using Sessions or Visitors (or)
• The current browser identified and approved as the State of Michigan standard
This information can be found at https://www.michigan.gov/browserstats. Please use the
most recent calendar quarter to determine browser statistics. For those browsers with
over 2% of site traffic, the current browser version as well as the previous two major
versions must be supported.
Contractor must support the current and future State standard environment at no
additional cost to the State.
Contractor has reviewed the list of browsers responsible for at least 2% of the site traffic.
As of this time, the list is: Chrome 49.09%, Safari 35.32%, Edge 5.65%, Internet Explorer
2.43%, Samsung Internet 2.19%, and Firefox 2.10%. Contractor agrees to support the
current version of these browsers as well as supporting new browsers once they achieve
2% of the MonsterWorks traffic threshold.
In order for a browser to be supported by Monster, it must also be supported by its
software vendor. This ensures that any issues, including security vulnerabilities, are
remediated by the vendor.
Since MonsterWorks is a SaaS solution, it only needs to rely on the State’s web browsers
and network bandwidth to function. Contractor will monitor the browser access patterns
and as they change over time, will add and/or remove support for browsers as they cross
the 2% traffic threshold.
The MonsterWorks system is a Software-as-a-Service (SaaS) solution, meaning that
users can access a commercially developed computer application/system via the web
during the contract period of performance. This is also referred to as “the cloud” or “cloud
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computing”, meaning that instead of all the hardware and software physically existing on
the customer’s computer or at the customer’s facility, it is provided by the vendor as a
service. As such, the underlying computer application and equipment is owned by the
vendor and all data collected/processed/stored by the system (and derivative outputs,
such as reports, user records, etc.) is owned by the customer and transferred to the
customer at the end of the contract.
Contractor may need access to State facilities so Contractor personnel can interact
directly with State employees for meetings. Contractor recommends the State plan on
allocating three office cubicles for Contractor personnel during the project implementation
phase, reducing to two office cubicles post launch.
For general releases, each release will include release notes that list pertinent
enhancements and fixes to the software, including JIRA tickets, which are addressed as
part of the release. In addition to the release notes, the new release candidate will be
available for the State to review in a non-production environment. Upcoming changes to
the software or environment will also be discussed during meetings with the Project
Manager (PM) during the PMO’s regularly scheduled meetings.
For any requirements that are not delivered as part of the standard SaaS offering,
Contractor will work through the requirements with the State. Specifically, if additional
functional, system, or technical requirements need to be captured, the PM will work with
the various State’s stakeholders and Contractor’s Development Team to capture and
formalize the requirements and then determine if a change order needs to be issued.
Contractor’s approach to requirements gathering as described above includes the State
sharing its overall vision with the Contractor’s Team on the project itself and all relevant
details. Contractor will include Product Owners in the initial conversations so they can
hear the business needs directly from the State. Contractor will then layout the
information into user stories, and if needed, mock-ups of the solution. Contractor will then
present them to the State for approval, or if needed, Contractor will rework the solution
until the State approves it.
After requirements are approved by the State, and any contractual obligations are
completed, Contractor will create mock-ups (if needed), create stories, and define a
sprint(s) for the development effort. Then a release vehicle can be defined and
communicated to the customer. Contractor’s solution meets, and in many cases exceeds,
the State’s requirements either through existing functionality, or through product
configuration/enhancement during implementation. During implementation, Contractor
will meet with stakeholders to review system requirements based on the State’s business
needs. The requirements are then matched against the capabilities of the software
system being put in place.
Contractor will engage with the State in performing any required Fit/Gap analysis
(whether it be in requirements gathering or a different task). The requirements list will be
annotated with whether it represents a fit, and method of fit, or if it is a gap and the
approach for closing the gap.
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The MonsterWorks system is browser neutral and does not require any plug-ins.
9. SOFTWARE
Software requirements are identified in Schedule A – Table 1 Business Specification
Worksheet.
Look and Feel Standards
All software items provided by the Contractor must adhere to the State of Michigan
Application/Site standards which can be found at https://www.michigan.gov/standards.
Mobile Responsiveness
If the software will be used on a mobile device as define in Schedule A – Table 1, Business
Specification Worksheet, the Software must utilize responsive design practices to ensure
the application is accessible via a mobile device.
The following components are used in connection with the MonsterWorks system:
UI App Dependencies:
Angular - Angular is a TypeScript-based open-source web application framework,
a platform for building mobile and desktop web applications.
Node.js - JavaScript runtime.
RxJS - RxJS is a library for composing asynchronous and event-based programs
by using observable sequences.
Fontawesome - vector icons and social logos for websites with Font Awesome
icon set and toolkit.
tslib - a runtime library for Typescript compiler used to compile a library.
uuid - For the creation of RFC4122 UUIDs.
compodoc - Generates Angular project documentation.
Nrwl Nx — An open source toolkit for enterprise Angular applications.
angular2-signaturepad - Angular 2 component for signature pad.
Bootstrap - a free and open-source CSS framework directed at responsive,
mobile-first front-end web development.
Chart.js - JavaScript HTML5 based charting library.
ng2-charts - combine Chart.js with Angular with access to Angular directives
used to include charts from the Chart.js library.
Lodash-es - a JavaScript library which provides utility functions for common
programming tasks like working with arrays, numbers, objects, strings, etc.
ngx-cookie-service - Angular 9 IVY Ready service for cookies.
Zone.js - provides execution context that persists across async tasks.
Jasmine - a behavior-driven development framework for testing JavaScript code.
Karma - tool that allows you to execute JavaScript code in multiple real browsers.
The main purpose of Karma is to make test development easy.
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codelyzer - is a tool that sits on top of TSLint and checks whether Angular
TypeScript projects follow a set of linting rules.
prettier - An opinionated code formatter.
Protractor - an end-to-end test framework for Angular and AngularJS
applications.
ts-node - an executable, which allows TypeScript to be run seamlessly in a
Node.js.
typescript - TypeScript is a superset developed and maintained by Microsoft. It is
a strict syntactical superset of JavaScript and adds optional static typing to the
language.
@ckeditor - rich text editor for web.
chartjs-adapter-moment - extension for chart.js.
chartjs-plugin-datalabels - extension for chart.js.
moment - library for work with dates.
concurrently - task automation library.
auth0-angular - A library for integrating Auth0 into an Angular application.
colortranslator - A JavaScript library, written in TypeScript, to convert among
different color models.
angular-eslint - Monorepo for all the tooling which enables ESLint to lint Angular
projects.
babel - a toolchain that is mainly used to convert code into a backwards
compatible version of JavaScript.
.NET application:
AWS SDK for .NET - enables .NET developers to easily work with Amazon Web
Services and build scalable solutions.
FluentValidation - a .NET library for building strongly-typed validation rules.
Newtonsoft Json.NET - Popular high-performance JSON framework for .NET
RestSharp - REST API client library for .NET, Apache 2.0 Licensed
Swagger - tooling that uses the OpenAPI specification, including
OpenAPIGenerator and SwaggerUI.
Swashbuckle - Library to generate the Swagger spec & create clients for the
application API
Thinktecture - An Identity framework and a hostable component that allows
implementing single sign-on and access control.
.NET framework and associated Microsoft components:
1. Enterprise Library - APIs to facilitate proven practices in core areas of
programming
2. OWIN (Open Web Interface for . NET)
3. Elasticsearch.Net and NEST - Low and high level client that maps all
requests and responses as types, a strongly typed query DSL
DeLoachAero - Utility to create web response messages in the RFC7807 format.
Unity - A full featured, extensible dependency injection container.
Antlr - A language tool that provides a framework for constructing recognizers,
interpreters, compilers, and translators from grammatical descriptions.
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CommonServiceLocator - An abstraction over IoC containers and service
locators.
IdentityModel - Helper library for claims-based identity.
Third Party Applications:
Apache kafka
Apache kafka connect
Schema registry
Lenses.io
Auth0
ClamAV
SAP BusinessObjects
Microsoft SQL Server
AWS Services:
EKS
RDS Aurora
DocumentDB
ElasticSearch Service
S3
IAM
API Gateway
EC2 services (EBS, Load Balancers)
CloudWatch
Lambda
Route53
MSK
Java Libraries
Plugins:
java-platform
maven-publish
nebula.release
Extensions:
awsJavaSdkVersion = '1.11.931'
awsSdkBomVersion = '2.15.44'
flyingSaucerPdfItext5Version = '9.1.20'
hibernateTypes52Version = '2.10.2'
javafakerVersion = '1.0.2'
javaxElApiVersion = '3.0.0'
javaxElVersion = '2.2.6'
jjwtVersion = '0.9.1'
logbackEncoderVersion = '6.5'
mapstructVersion = '1.4.1.Final'
mongockBomVersion = '4.1.19'
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orgApacheTikaVersion = '1.25'
springBootVersion = '2.4.1'
springCloudDependenciesVersion = '2020.0.0'
springdocOpenapiVersion = '1.5.1'
testcontainersBomVersion = '1.15.0'
xchartVersion = '3.6.6'
Dependencies:
org.springframework.boot:spring-boot-dependencies:$springBootVersion"
org.springframework.cloud:spring-cloud-
dependencies:$springCloudDependenciesVersion
com.github.cloudyrock.mongock:mongock-bom:$mongockBomVersion
org.testcontainers:testcontainers-bom:$testcontainersBomVersion
software.amazon.awssdk:bom:$awsSdkBomVersion
The MonsterWorks system is developed to be browser neutral, supported on all current
(and two previous) hardware version mobile devices. However, these devices need to
be supported by their vendors and updated with the latest operating system and
browser versions.
The MonsterWorks system is browser neutral and provides all features on all supported
Internet-connected mobile devices. Contractor recommends a tablet mobile device as
the interface application is better accessed using a larger format device.
The MonsterWorks SaaS Solution must provide a significant amount of flexibility and
configurability of business logic through its core table-driven business rules architecture,
supported by a comprehensive business rules engine.
At the State’s direction, Contractor must complete supporting software Version
upgrades to the latest supported version no later than six (6) months prior to the end of
life of the current production version. Patches for security vulnerabilities identified in
Contractor supplied software must be provided within the time frame that allows the
State to maintain compliance with the State of Michigan Risk Assessment standard.
Contractor will provide the State with future enhancements to the core Monster SaaS
product, as they are available, for the Term of the Contract.
Contractor must provide a list and description of all enhancements available on a
quarterly or as available basis of the Monster SaaS solution and provide the State with
a sandbox environment to test enhancements prior to Go-Live. Contractor will provide
enhancement related artifacts as request by the State.
Contractor must contract an independent third-party for annual penetration testing and
provide the State with a summary of the results.
CASE MANAGEMENT SOFTWARE
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Solution Specifications:
Name: MonsterWorks
Type: Case Management
Software-as-a-Service (SaaS) Solution
Version: (app:56, services:77)
UI Version: 56
API Version: 77
Release Number: 2022.25
Solution Description:
The MonsterWorks Case Management (CM) solution includes a modern, purpose-built
workforce case management system that leverages the innovative and powerful
Monster.com platform to deliver a best-in-class experience for all users, job seekers,
employers, staff, and partners. The software is a vendor-hosted Software-as-a-Service
(SaaS) system offering state-of-the-art security, availability, and scalability.
The MonsterWorks CM system combines strong user-centric design with automation, so
that case managers spend less time inputting data, identifying, and removing duplicate
data, and more time focused on helping customers. MonsterWorks facilitates accurate
WIOA reporting and delivers case management tools that Michigan Works! Agencies
(MWAs) need to ensure efficient delivery of services to customers and employers alike.
Accurate and Flexible Reporting
The system performs front-end validation and back-end data governance to eliminate
errors associated with PIRL reporting in compliance with WIPS guidelines. The system
is preconfigured with commonly-used and mandated reports as well as possesses a
powerful and industry-leading flexible reporting engine, SAP BusinessObjects, which
provides access to granular data for ad-hoc, on-demand, or on-schedule reporting.
Empowering Staff to Deliver Personalized Career Guidance
MonsterWorks innovation, functionality, and modern design places States at the forefront
when it comes to meeting the needs of workforce staff, customers, and stakeholders at
all levels. MonsterWorks delivers case managers unmatched insight into the goals and
strategies of their customers through information-centric dashboards, optimum workflow
management, timely notifications, and alerts. These dashboards enable smart
aggregation of caseload activity ensuring that staff always have a comprehensive picture
of the services and resources being applied to move a participant through training and to
employment. In addition, with less paper management, reduced data redundancy,
effective information sharing, notifications on upcoming events/follow-up actions, case
managers can focus more on people - job seekers and employers - and experience
improved efficiencies, customer satisfaction, and better outcomes.
Administration at State and Local Levels
With the importance of regional/local delivery and adaptability in mind, MonsterWorks
easily aligns with regional/local workforce services, education and economic
development priorities and practices. It provides program management tools to
authorized administrators allowing them to effectively manage their local programs and
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reporting needs within their area. Program budgets may be set and maintained at the
State, Regional, and Local levels. Each budget level supports not just allocations and
expenditures, but also policy caps on annual service provision, lifetime limits, and more.
MonsterWorks features staff-assisted services and tools via a user-centric, mobile-first
design that will help the State reach and engage its workforce wherever they may be.
Smart, Scalable and Efficient Tool with Flexible Configuration
The MonsterWorks purpose-built case management system includes a flexible business
rule engine to easily and rapidly design customizable workflows to meet evolving State
and Local program requirements. This system easily integrates with external programs
and data sources and is designed with an inherently scalable platform and open
architecture. The result is an efficient, flexible, and comprehensive workforce case
management system with functionality and reporting capabilities that enable collaboration
and visibility among all participating State government departments, MWAs, employers,
educational institutions, partners, and staff.
MONSTERWORKS LABOR EXCHANGE (OPTIONAL)
Solution Specifications:
Name: MonsterWorks
Type: Labor Exchange (Optional)
Version: (app:18, services:26)
UI Version: 18
API Version: 26
Release Number: 2020.26
Solution Description:
MonsterWorks Labor Exchange (LX) is an Optional offering that fully integrates with the
MonsterWorks CM solution. It provides a modern, easy-to-use front-end experience
designed with all users in mind including job seekers, participants, customers, and
employers.
This premier online career and employment system empowers job seekers, participants,
and customers to find jobs, explore careers, and advance their employability to improve
their lives. This system also provides employers with industry-leading technology and
resources, including the ability to post jobs and search resumes to help them find the right
people faster. Both MonsterWorks software components share the same database,
which helps to reduce the amount of time needed for project implementation as well as
provides increased automation by updating fields throughout from a single point of data
entry. Streamlining data entry reduces errors, improves efficiencies, and drastically
increases customer satisfaction.
MonsterWorks LX transforms the participant’s experience by providing 24/7 self-service
and self-paced capabilities, while also improving case managers’ productivity. This is
accomplished by providing case managers with pre-populated and real-time view of
participant data and activities, thereby giving an immediate view of participant progress
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at any given time. The need for robust self-service LX capabilities is particularly important
due to the COVID-19 pandemic, which has magnified and accelerated the need for
remote and virtual services.
MonsterWorks LX offers intuitive, efficient, and easy-to-use self-service capabilities for
job seekers and employers alike. It easily integrates online, self-service and on-demand
tools with one-to-one services that will allow the State to powerfully engage job seekers
and employers, as well as enable regional MWAs to better serve all constituents. It gives
participants the ability to take control of their active job search. Job seekers, participants,
and customers receive access to a wealth of career-planning tools, including:
Job Seeker, Participant, and Customer Tools:
Profile Creation
Resume Builder
Career Path Research
Education and Training Materials
Budget Calculator and Tracking
Research Occupations
Expected Salaries
Career Goal Setting (IEP)
Scheduling/Calendaring
Skills Assessments
Search and Apply for Jobs
For employers, the recommended MonsterWorks LX gives them the ability to manage
and communicate with applicants, search resumes, as well as post and manage jobs.
Our resume search engine technology gives employers the results they need to make
more informed, objective hiring decisions. Contractor’s advanced technology
understands search context, concepts, and terminology, as well as finds all variations of
an employer’s requirements.
The resume search engine rapidly seeks the most relevant candidate matches from our
vast resume database, then delivers them to the employer; ranked and scored within
moments. Employers can make side-by-side comparisons of candidates, save and
forward resumes, and message candidates quickly within the platform. Employers can
build their candidate pipeline and receive email alerts when new resumes matching their
requirements are added to our resume database.
Contractor’s Job Builder tool provides employers a simple, user-friendly, and efficient way
to enter and manage job opportunities. Authorized business services representatives and
other authorized staff are given the ability to login to access an employer account to
perform services on behalf of the employer if needed. The job tool has the capacity to
expand as needed to include additional employers to post and edit jobs, copy job orders,
and close jobs. Posting jobs includes type-ahead functionality to assist recruiters in
selecting key criteria including job title, locations, and other information. It also includes
exclusive, ”one-click” job writing functionality containing thousands of pre-configured job
postings drawn from a selection of millions of Monster job postings. After selecting a pre-
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written job posting, employers can edit the content to customize the job posting to match
their exact requirements. This functionality makes it extremely easy for small- and
medium- sized businesses, or businesses without an HR staff, to build and post effective
job announcements.
This tool offers an easy and straightforward process for employers to register on the
MonsterWorks LX system and allows staff to view and verify employer applications and
grant employer system access. Once approved and activated, the employer can post
jobs, search the resume database, and manage applicants in the system. The employer
can also manage their own account, as well as create other accounts for individuals within
their company to access the system. Employers receive access to a wealth of career-
planning tools, including:
Employer Tools:
Post and Manage Jobs
Access to Job Posting Library
Search Resume Database
Candidate Management Tools
Correspondence with Job Seekers
Reporting
Account Administration (Account Request and Approval)
MONSTERWORKS PARTICIPANT RESOURCE PORTAL (OPTIONAL)
Solution Specifications:
Name: MonsterWorks
Type: Participant Resource Portal (Optional)
Version: (app:18, services:26)
UI Version: 18
API Version: 26
Release Number: 2020.26
Solution Description:
The optional MonsterWorks Participant Resource Portal provides access at a one-stop
job center resource room’s computers or through participants’ (job seekers) portable
devices. The portal can easily integrate with the State’s labor exchange to produce a
seamless login and user experience throughout the system. The portal allows returning
customers to check-in and to identify the reason for their visit to a local or virtual one stop.
The system uses this information to notify an associated case manager or automatically
assign the job seeker to the best available case manager based on prioritization (i.e.,
Veteran) or reason for visit.
The system also allows new customers to create accounts, complete their profile
registration, use the integrated calendar to self-register into upcoming events or create
new face-to-face or virtual appointments, reschedule appointments, such as RESEA
appointments, and remotely acknowledge or digitally sign required documents in real-
time resulting in more efficient case management. Registration data is integrated with
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the case management intake process to avoid duplicate data entries and optimize the
visit outcome. The participant can complete self-services and report progress against
goals contained in their Individual Employment Plan (IEP).
Implementation Project Management Support:
The Contractor Project Manager (PM) will convene a project kick-off meeting within ten
calendar days of contract execution in coordination with Michigan stakeholders. At that
time, Contractor will present an overview of the project approach, schedule, work
locations, management, and presentation of deliverables, the manner by which the State
will review and approve said deliverables. The final plan must be reviewed and approved
by the State prior to commencement of activities. The PM is responsible for creating a
project management plan outlining the roles and responsibilities of both Contractor and
the State, with the expected duties aligned with project objectives. Regular status
meetings and accompanying status report materials are the primary method of
communication. The PM coordinates all team status report materials and will work with
the State to determine which stakeholders should be involved in the project status
meetings as well as other project communications.
Program Management Office:
Contractor has a Program Management Organization (PMO) consisting of the Project
Manager, Security Officer, and other internal stakeholders (e.g., executive management,
product/technology, development, quality assurance, professional services, training, help
desk, etc.) to support project activities related to the effort, design, implementation, and
maintenance of this solution. The PMO is dedicated to maintaining project quality,
detailed project plans, and tracking tools used to measure project success and deadlines
while leveraging those best practices as outlined in the PMI’s Project Management Body
of Knowledge (PM-BOK) framework. Please see the organizational chart below, which
shows the clear lines of authority and the highly collaborative approach Contractor takes
to ensure program success. Our entire team, including the Project Manager, has
immediate access to senior-level management in the event critical escalation is needed.
Help Desk Support:
One of our key corporate values is: “Before Us, The Customer.” Contractor’s mission is
to combine process, technology, and people to provide services that deliver unsurpassed
value. We understand the importance customers place on high uptime and ready access
to information. This is why we provide proactive monitoring, problem escalation
procedures, and technical support of the system. Customers receive a toll-free number
to call when support is needed. As calls come into the Help Desk, all contacts are 1)
logged into the Help Desk system, 2) A support ticket number for tracking and resolution
purposes is provided to customers, and 3) updates are made on each report as the issue
is worked on and the status changes. Our hours of availability are from 8AM to 8PM EST
Monday through Friday, excluding federal holidays.
Organizational Change Management:
Effectively managing the perceptual and operational changes associated with a large-
scale staffing system implementation is critical to ensuring its success. Change
management is defined as the practice of administering and managing organizational
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changes through tested methods and techniques aimed at minimizing negative impact,
ensuring successful integration, and driving/sustaining user adoption. It is important to
understand what drives employees beyond mere acceptance of the system and toward
the achievement of full integration throughout the implementation process and beyond.
Our change management support ensures all stakeholders are aware of and proficient
with relevant components of the staffing solution and associated workflow(s). The Project
Manager will be supported by the Organization Change Management (OCM)/Training
Leader to finalize and deliver detailed training and communication plans to support
adoption of the solution.
In addition to training plan execution, Contractor will support initial and ongoing
communication efforts. In accordance with the solicitation requirements, this will include:
1) creating a group email to manage critical communications, 2) developing and delivering
recurring and one-off communications to the, 3) supporting Integrated Project Team or
user group meetings to discuss system-related topics (e.g., new/updated functionality,
release schedules, roadmap items), and 4) developing and administering an annual
solution customer survey. This hands-on approach to change management provides end
users with the resources and information they need to adopt the new solution as part of
their daily work processes.
IT Security:
The MonsterWorks solution is offered as a SaaS solution and based on a multi-tenant
system architecture. As such, Contractor is responsible for the configuration and security
as a part of the SaaS model. The product, technology, IT security, and operations teams
are responsible for maintaining the solution by leveraging industry-standard tools for
processing system change, configuration, release/release planning, user stories
management and ticketing.
10. INTEGRATION
Contractor must integrate their solution to the following technologies:
Current System integrates with:
MiLogin
DHHS-Bridges
UIA-MiDAS
Pure Michigan Talent Connect (PMTC)
LMI WAGE
Diploma Sender
CEPI
OSMIS-DASHBOARD (or provide equivalent)
Protocols:
Web services, Secured File
Transfer Service, Batch job
interfaces.
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Current Technology
Oracle DB centric system
PL/SQL
HTML
JavaScript
CSS
Code Repository - Microsoft
Azure
Predominantly PL/SQL
HTML
Java Script
CSS
Codebase is in Azure Git Repo
Volume of Data
1.5 GB
Format of the input & export files
Comma Delimited, Excel, PDF,
and other.
Contractor will conduct a requirements gathering session with the State and provide
recommendations and options for receiving a nightly data extract, as well as hourly
deltas, for the SOM Data warehouse. Contractor to provide the MonsterWorks SaaS
solution Database structure (schema) that holds the data.
The MonsterWorks system’s technology is compatible with the State’s existing software.
The integration with the State will be achieved in the following manner:
Authentication: The MonsterWorks system will utilize MILogin as its identity
provider, using a SAML interface. This will allow seamless authentication to the
case management functions provided to staff.
User Interface: The MonsterWorks system is a web-based application, which
utilizes HTML/CSS/JavaScript among other technologies to securely collect and
present data to the user. Contractor’s solution offering includes look and feel
updates to allow for the application to take-on some common appearance to help
users transition to the new tool.
Data: The MonsterWorks system will ingest existing data from the current system.
This process will include defining the current data schema and dictionary, mapping
fields to the solution’s structure, converting, importing, and validating the data.
This will allow the system to directly access any needed data to function as the
system of record while the contract is in place.
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Data Sharing & Integrations: Contractor will review the data integrations that
currently exist in the system, finalize the specifications, and implement the same
interfaces utilizing secure FTP transfers, batch jobs, and APIs, as necessary.
11. MIGRATION
Contractor must migrate the data identified in the table below:
Current Technology
Oracle Database 12C, PL/SQL, HTML,
JavaScript, CSS
Data Format relative to the database
technology used.
RDBMS, OLTP
Number of data fields to give Contractor
awareness of the size of the
schema.
11994
Volume of Data
1,115,827 participants in the calendar year
2019.
2.4 Million total participations across the
programs in 2019.
Database current size.
1.8 TB
Contractor has a data conversion plan that has been successfully used for numerous
other data migration efforts. It includes the following data migration approach using these
phases:
Phase 1 -> Data Analysis and Assessment
Phase 2 -> Data Conversion
Phase 3 -> Migration Dry Runs
Phase 4 -> Final Migration
In order to complete this process, the State will be required to assign an internal team to
perform the following activities:
Provide data schema and individual field definitions (data dictionary) along with
staff who are knowledgeable to explain data usage to Contractor personnel
Participate in data mapping exercises to
o Ensure that source data is appropriately mapped to new data fields
o Review and approve any data field conversions that are required due to
schema differences
Provide sample data to allow Contractor to test individual data cluster conversion
scripts.
Provide full data sets to facilitate migration dry runs.
Identify and engage additional State resources to facilitate successful data
conversion and system transition.
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Identify, implement, test, and execute source data cleanup scripts that will be
utilized to correct data anomalies identified in the source data.
Contractor recommends that this team include, at a minimum, one part-time project
manager to ensure smooth task allocation and work stream reporting to PMO. Up to two
full-time data analysts to facilitate the above tasks.
The MonsterWorks solution will have 24/7 monitoring of the database and storage
allocated to it and will be added dynamically as needs increase. Any changes to the
storage or server capacity will be implemented without additional cost to the State; it is
included with the subscription.
Contractor has extensive experience in designing databases that support large data
sets along with high transaction counts. As such, as the size of the database or as
activity increases, the overall design of the database can accommodate it without
degradation of data integrity or web application performance. All of Contractor’s
applications and databases are continuously monitored for load testing as they
individually mature and grow. Contractor will apply the same metrics to the Michigan
solution to ensure that both the database and the User Interface have optimum levels of
capacity to support both current and future needs.
The MonsterWorks system is a web application that can support the addition (and
removal) of web and application servers dynamically as the processing needed either
increases or decreases. The system load and response times will be monitored 24/7
and changes to the allocated processing and bandwidth will be made as required. All of
Contractor’s applications and databases are continuously monitored for load testing as
they individually mature and grow. Contractor will apply the same metrics to the
Michigan solution to ensure that both the database and the User Interface have
optimum levels of capacity to support both current and future needs.
Migration costs are included in the final pricing provided in Schedule B - Pricing.
Contractor has reviewed Schedule G and agrees to the approach it proposes and will
utilize the MI PMM/SEM document templates where applicable. Contractor will deliver a
Data Conversion and Data Quality plan up to 60 calendar days post award and providing
a Master Test Plan, Data Conversion Testing Report and Results at least 30 calendar
days prior to UAT commencing.
The database may be increased at the time of transition, if required by the State.
12. TRAINING SERVICES
The Contractor must provide administration and end-user training for implementation, go-
live support, and transition to customer self‐sufficiency.
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Vendor will need to provide on-line help and host and create practice training areas.
Vendor to provide technical support for LEO-E&T training sessions and develop
Computer Based Training (CBT) sessions. The state anticipates needing a hybrid of both
classroom and on-line training. End Users must have access to online – computer-based
training. State, Michigan Works! and other users must have access to classroom and CBT
or online training.
All of the training can be delivered without additional subcontractor support. Once the
training, user manuals, and additional documentation have been delivered, the State
administrators and end users will be able to operate the solution without additional
support from Contractor. However, Contractor will provide a specific resource to Michigan
from Contract Award to three months post go-live.
Contractor can deliver training onsite should circumstances allow for a safe physical
training environment or can deliver parallel content using online meeting software. In the
event the COVID-19 restrictions do not affect classroom training, Contractor recommends
a class size of 20 participants per instructor.
The specific number of classroom training sessions will be jointly determined by
Contractor and the State during development of the final training plan. All training
participants will receive a copy of the relevant Participant Guide.
Contractor will also provide a training plan that supports the transition of State staff to
system self-sufficiency. Contractor will provide one dedicated training resource, that will
be supported by the entire MGS Training Team. This resource will be available daily,
Monday through Friday, 9AM to 5PM EST, for a duration of three months following go-
live. The training team will present the State with a comprehensive plan to build system
proficiency for technical and professional staff, managers, and end users. The objective
of training activities is to maximize familiarity and proficiency with the new system to
ensure it is used to the fullest capacity. An effective training plan positions the State of
Michigan to recognize and sustain positive outcomes from implementing the software
application.
State Training Support
To ensure successful training throughout implementation and beyond, we respectfully
request support from the State related to the following training activities:
Assignment of a State training team leader to facilitate the following:
o Refine/approve the MGS Training Plan.
o Approve all training materials.
o Schedule appropriate training facilities and attendees.
o Ensure training materials align with formatting, branding, and other
requirements.
o Access to training facilities, including adequate time for classroom set-up, if
applicable.
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A high-level training plan is also provided with this proposal for the State’s review in
Section 7.1 below. Contractor agrees to utilize the MI PMM/SEM document templates
where applicable.
Contractor recognizes the need to tailor learning experiences to the unique needs of each
user stakeholder group while also realizing economies of scale associated with delivery
of uniform solutions. Our approach is designed to meet the challenges associated with
training a vast and changeable user population through blended learning solutions that
combine in-person and online training.
Contractor will collaborate with the State of Michigan to ensure the training approach
meets the evolving needs of Michigan and the regional/local stakeholders using the
MonsterWorks system.
A comprehensive training plan will be provided to ensure end user proficiency with system
capabilities, associated business processes, and the metrics/analytics needed to enable
Michigan to successfully deploy the MonsterWorks solution.
In addition to State/Field staff, Contractor will also provide training on System
Administration and Report Creation. System Administration training will provide
participants with a virtual classroom session covering the basic application architecture
of the solution, support options, configuration wizards, and system/user security controls.
Report Creation training will introduce report writers and analysts to the reporting
platform.
13. TRANSITION RESPONSIBILITIES
In addition to the Schedule G plan provided by the State, MGS has also included a draft
Transition In and Transition Out Plan for the State’s review and consideration with the
proviso and understanding that it is subject to negotiation. This plan is included in
Schedule G of this proposal.
14. DOCUMENTATION
Contractor must provide all user manuals, operating manuals, technical manuals and any
other instructions, specifications, documents or materials, in any form or media, that
describe the functionality, installation, testing, operation, use, maintenance, support,
technical or other components, features or requirements of the Software.
Contractor must develop and submit for State approval complete, accurate, and timely
Solution documentation to support all users, and will update any discrepancies, or errors
through the life of the contract.
The Contractor’s user documentation must provide detailed information about all software
features and functionality, enabling the State to resolve common questions and issues
prior to initiating formal support requests.
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Some information may be unavailable until the system is in the implementation phase. As
relevant information becomes available, it will be shared with the State on a mutually
agreed upon schedule. The responsible teams will be outlined in the Project Plan. For
example, the following documents will include:
Data Conversion Process and Results Documentation
Data Architecture
Dependency Documentation
Design Documentation
Data Maps for Extracts
Online Help and Training Materials will be made available to end users.
15. ADDITIONAL PRODUCTS AND SERVICES
No additional products or services are required for requirements of this Contract.
16. CONTRACTOR PERSONNEL
Contractor Contract Administrator. Contractor resource who is responsible to(a)
administer the terms of this Contract, and (b) approve and execute any Change Notices
under this Contract.
Contractor
Name: Ronald Harrell, Director Capture/
Contracts
Address: 133 Boston Post Road, Weston, MA
02493
Phone: 703-270-7202
Email: ronald.harrell@monster.com
#
Role
Responsibilities
Expected Qualifications
1
Functional
Lead
•
Is familiar with the functional
design of all of the components,
has a solution-wide view and
ensures each component/module
work together to address the
functional requirements
•
Ensures the configured solution
addresses all of the functional
requirements
•
Five (5) years of experience
leading the implementation of
enterprise IT solutions.
•
Previously managed Workforce
Development information system
projects
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•
Provides the
methodology/approach to
building the solution
•
Works with Subject Matter
Experts (SMEs) of the business
units to understand the System
and process requirements and
articulate the requirements to the
Contractor project team leads.
•
Ensures that the solution aligns
with the business requirements
of the organization
•
Manages the expectations of the
business units with a clear
understanding of the Project
Sponsor’s project objectives.
•
Manages the contractor’s
business analysts
2
Organization
Change
Management
(OCM) and
Training Lead
•
Lead all training and knowledge
transfer planning, material
development and delivery
•
Responsible for organizational
migration, gap analysis, and
coordination of program
improvement, communications,
and training activities.
•
Prepares for the deployment of
the Solution to the full
organization.
•
Responsible for developing,
executing, and maintaining the
OCM Plans, Training Plan, and
Communication Plan.
•
Works closely with the PMO,
LEO/DTMB communications,
human resources and
organization development teams
•
Five (5) years of experience as a
Training lead for projects similar
in size and
complexity to the Project.
•
Three (3) years of previous OCM
experience
•
Previously managed Workforce
Development information system
projects
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to support the implementation of
the OCM and training plans
3
Testing Lead
•
Leads all testing activities
including planning,
documentation and execution
•
Ensures the test plan and
process is coordinated with all
stakeholders
•
Ensures documentation and
resolution of issues discovered
during the testing process
•
Serves as the point of contact for
User Acceptance Testing (UAT)
•
Five (5) years of experience as a
testing lead for enterprise IT
projects.
•
Previously performed testing
lead in Workforce Development
information system projects
4
Design
Development
Implementation
(DDI)
Technical Lead
•
Provides the
methodology/approach to
building the solution
•
Manages the expectations of the
business units with a clear
understanding of the Project
Sponsor’s project objectives.
•
Is responsible for leading the
team who configures and
develops the Workforce
Development System
•
Responsible for all technical
aspects of the Solution.
Establishes documentation and
coding standards for the Project
team and ensures the team
adheres to the standards
•
Is available to the Project teams
for consultation on future
enhancements (e.g., changes to
achieve strategic objectives,
implement a new program)
•
Oversees the development of all
technical documentation
•
Five (5) years of experience
leading the implementation of
enterprise IT solutions.
•
Previously managed Workforce
Development information system
projects
•
Five (5) years of experience
architecting/designing enterprise
solutions
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•
Is familiar with the Technical
design of all of the components,
has a solution-wide view and
ensures each component/module
work together to address the
Technical requirements
5
Data
Conversion
and
Interfaces
Lead
•
Leads and supports data
cleansing and data conversion
from Data & Performance
Reporting
•
Employment and Training IT
Systems.
•
Ensures that data dictionaries
are current for the Contractor’s
solution
•
Is directly responsible for
ensuring that interfaces between
the Contractor’s solution and
other components of the State
are correctly configured and
deployed
•
Ensures that all data exchanges
between the Contractor’s solution
and the interface partners’
systems provide accurate and
appropriate content, compliant
with data definitions established
within Data & Performance
Reporting Employment and
Training IT Systems.
•
Designs, documents, and
deploys the interfaces.
•
Possesses a minimum of five
years’ experience performing
data cleansing or data
conversion activities for systems
similar to enterprise IT solutions.
•
Possesses a minimum of three
years’ experience developing
and deploying interfaces for
systems similar to the solution.
•
Possesses a minimum of 3
years’ experience managing a
data conversion or interface
design project similar in size and
complexity to the project.
•
Possesses excellent
communications skills, written
and oral.
•
Note: A Bachelors’ Degree in
information technology or a
related field is preferred but not
required.
17. CONTRACTOR KEY PERSONNEL
Contractor Project Manager. Contractor resource who is responsible to serve as the
primary contact with regard to services who will have the authority to act on behalf of the
Contractor in matters pertaining to the implementation services, matters pertaining to the
receipt and processing of Support Requests and the Support Services.
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Contractor
Name: Gretchen Miner
Phone: 774-486-9553
Email: Gretchen.Miner@monster.com
Contractor Security Officer. Contractor resource who is responsible to respond to State
inquiries regarding the security of the Contractor’s Solution. This person must have
sufficient knowledge of the security of the Contractor Solution and the authority to act on
behalf of Contractor in matters pertaining thereto.
Contractor
Name: David McKenna, Ph.D., CISM, CDPSE,
PMP
Phone: 978-489-8261
Email: David.McKenna@monster.com
18. CONTRACTOR PERSONNEL REQUIREMENTS
Background Checks. Contractor must present certifications evidencing
background checks that satisfy State requirements for all staff identified for assignment
to this project.
In addition, Contractor personnel will be required to complete and submit an RI-8
Fingerprint Card for the National Crime Information Center (NCIC) Finger Prints, if
required by project.
Contractor conducts background investigations, including DHS e-Verify, on all employees
as a prerequisite for employment. Contractor understands that all costs associated with
meeting these requirements are the responsibility of the Contractor.
Offshore Resources. Offshore Resources will not have access to any State Data.
Offshore resources will not have access to any State Data configuration information, or
access to the Production/"live" deployed infrastructure.
19. STATE RESOURCES/RESPONSIBILITIES
The State will provide the following resources as part of the implementation and ongoing
support of the Solution.
State Contract Administrator. The State Contract Administrator is the individual
appointed by the State to (a) administer the terms of this Contract, and (b) approve and
execute any Change Notices under this Contract.
State Contract Administrator
Name: Christopher A. Martin
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Phone: 517-643-2833
Email: martinc20@michigan.gov
Program Managers. The DTMB and Agency Program Managers (or designee) will jointly
approve all Deliverables and day to day activities.
DTMB Program Manager
Name: Kalyan Murali
Phone: 517-230-9434
Email: muralik@michigan.gov
Agency Program Manager
Name: Matt Shields
Phone: 517-599-6397
Email: shieldsm1@michigan.gov
State Project Manager. The Project Manager will manage all aspects of the
implementation and transition to the new solution.
Project Manager
Name: Shannon Coombs
Phone: 517-284-9204
Email: coombss@michigan.gov
20. MEETINGS
At start of the engagement, the Contractor Project Manager must facilitate a project kick
off meeting with the support from the State’s Project Manager and the identified State
resources to review the approach to accomplishing the project, schedule tasks and
identify related timing, and identify any risks or issues related to the planned approach.
From project kick-off until final acceptance and go-live, Contractor Project Manager must
facilitate weekly meetings (or more if determined necessary by the parties) to provide
updates on implementation progress. Following go-live, Contractor must facilitate monthly
meetings (or more or less if determined necessary by the parties) to ensure ongoing
support success.
The Contractor must attend the following meetings, either virtually or at a location and
time as identified by the state, at no additional cost to the State:
• Weekly Status meetings throughout the implementation process.
• Monthly Status meetings or as deemed necessary post Go-Live.
• Any other required meetings as requested by the State.
Project Meetings:
The Contractor’s Project Manager (PM) will facilitate the kickoff meeting to be held within
ten calendar days of contract award. Once the project plan is established, it will be
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reviewed and updated during weekly and other scheduled project meetings throughout
system implementation.
The project kick-off meeting is a critical component of any project as it provides an
opportunity for project stakeholders to establish common project goals and plans to
successfully complete the scope of work. It also provides an opportunity for both parties
to introduce team members and their respective roles; ensure our understanding of the
project background and commitment to deliver the solution; discuss scope and schedule
milestones; clearly understand what success looks like and what needs to be
accomplished; and agree on how to work together and communicate effectively for the
desired project outcome. Contractor recommends using Microsoft Teams to conduct
weekly status meetings, monthly status meetings, requirements gathering and refinement,
as well as any ad hoc meetings.
Program Management Office: PMO, Communications, and Reporting:
The Program Management Office (PMO) supports overall project communication through
meetings, reporting, and other standard procedures and related templates. The PMO will
develop a Project Communications Plan that includes internal and external
communication protocols, including the management of any subcontractors and/or third-
party vendors. The Contractor’s PMO conducts routine weekly meetings (checkpoints)
with all project team leads to obtain project updates and track status of deliverables.
These internal and external checkpoints ensure that the Contractor’s PM has the most
current information. During Post Go-Live, the PM will adjust the checkpoints to a monthly
interval to ensure all project statuses remain up to date and documented.
The PM updates the plan and uses the then current information to compile the weekly (or
other agreed upon intervals) status report to the State. The report shows all activities
related to project status including the measurement of actual results against the project
plan. The PM monitors the critical path on a daily basis and reports the findings to the
project team leads. Project team leads then identify any issues that may cause a delay
in their work, and escalate to the Project Manager for triage, tracking, and resolution.
The overall project plan will include the roles and responsibilities of both Contractor and
the State, with the expected duties aligned with project objectives. Regular status
meetings and accompanying status report materials are the primary method of
communication. The PMO coordinates all team status report materials and will work with
the State to determine which stakeholders should be involved in the project status
meetings as well as other project communications.
Meeting Log:
The PMO also maintains a Meeting Log, which includes the recurring project and
operations management meetings, and ad hoc meetings required to gather requirements
or to facilitate other topic discussion.
Tailored Status Reporting:
Contractor will work closely with the State to tailor project status reporting to meet specific
agency needs. Contractor will work with the State to ensure that its reporting needs are
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satisfactorily met. Contractor’s methodology enables Contractor to provide the right
information, in the right format, and at the right time to the State to ensure complete project
status visibility and transparency. Depending on the State’s preferences, Contractor can
provide status reports in various and multiple formats.
21. PROJECT CONTROL & REPORTS
Once the Project Kick-Off meeting has occurred, the Contractor Project Manager will
monitor project implementation progress and report on a weekly basis to the State’s
Project Manager the following:
• Progress to complete milestones, comparing forecasted completion dates to
planned and actual completion dates
• Accomplishments during the reporting period, what was worked on and what
was completed during the current reporting period
• Indicate the number of hours expended during the past week, and the
cumulative total to date for the project. Also, state whether the remaining hours
are sufficient to complete the project
• Tasks planned for the next reporting period
• Identify any existing issues which are impacting the project and the steps being
taken to address those issues
• Identify any new risks and describe progress in mitigating high impact/high
probability risks previously identified
• Indicate the amount of funds expended during the current reporting period, and
the cumulative total to date for the project.
The Contractor Project Manager (PM) will plan and conduct the Project Kick-Off Meeting.
during the project kick-off phase. Contractor will work with the State’s Project Manager to
ensure the correct team members attend, agree to the agenda, review/demo functionality,
discuss risks and how to mitigate them, set up roles and responsibility charts, etc.
The Contractor’s Project Manager will update the project schedule and use the information
to compile the weekly status report to the State. This report shows all activities related to
project status including the measurement of actual results to the project plan. The weekly
status report will include but not limited to milestone completion progress,
accomplishments, hours expended (with cumulative total to date), funds expended (with
cumulative total),and planned tasks.
Contractor’s Risk Management Plan, contained in the Contractor’s Project Management
Plan, will establish the framework in which the Contractor’s Project Team identifies issues
and risks and develops strategies to mitigate or avoid. Contractor’s methodology
(approaches, tools, frequency of reviews) identified in the Contractor’s Risk Management
Plan governs all actions towards mitigation.
The results of the assessment process are utilized and documented in each description
and summarized in a Risk Log and Issue Log, which will be reported to the State on a
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weekly basis. Contractor agrees to utilize the MI PMM/SEM document templates where
applicable.
22. PROJECT MANAGEMENT
The Contractor Project Manager will be responsible for maintaining a project schedule (or
approved alternative) identifying tasks, durations, forecasted dates and resources – both
Contractor and State - required to meet the timeframes as agreed to by both parties.
Changes to scope, schedule or cost must be addressed through a formal change request
process with the State and the Contractor to ensure understanding, agreement and
approval of authorized parties to the change and clearly identify the impact to the overall
project.
SUITE Documentation
In managing its obligation to meet the above milestones and deliverables, the Contractor
is required to utilize the applicable State Unified Information Technology Environment
(SUITE) methodologies, or an equivalent methodology proposed by the Contractor.
SUITE’s primary goal is the delivery of on-time, on-budget, quality systems that meet
customer expectations. SUITE is based on industry best practices, including those
identified in the Project Management Institute’s PMBoK and the Capability Maturity Model
Integration for Development. It was designed and implemented to standardize
methodologies, processes, procedures, training, and tools for project management and
systems development lifecycle management. It offers guidance for efficient, effective
improvement across multiple process disciplines in the organization, improvements to
best practices incorporated from earlier models, and a common, integrated vision of
improvement for all project and system related elements.
While applying the SUITE framework through its methodologies is required, SUITE was
not designed to add layers of complexity to project execution. There should be no
additional costs from the Contractor, since it is expected that they are already following
industry best practices which are at least similar to those that form SUITE’s foundation.
SUITE’s companion templates are used to document project progress or deliverables. In
some cases, Contractors may have in place their own set of templates for similar use.
Because SUITE can be tailored to fit specific projects, project teams and State project
managers may decide to use the Contractor’s provided templates, as long as they
demonstrate fulfillment of the SUITE methodologies.
Any changes to scope will be addressed using the guidelines of the approved Change
Management plan. These change requests will be brought to the Change Control Board
(CCB) by the Project Manager, as specified in the State of Michigan Project Management
Methodology. Any changes in schedule that are a result of a requested change in scope
will also require approval by the State and Monster.
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Any changes to cost will be addressed and routed through the mutually agreed
upon approval process.
Any changes in schedule will be addressed and routed through the mutually agreed
upon approval process. Scope, Cost, or Schedule changes will be prominent
elements in the weekly status reports.
The project plan is considered an integral part of all implementation projects. In addition
to the project plan, the Project Manager (PM) will maintain a project schedule which will
become a part of the weekly status update to the State. Tracking project artifacts will be
maintained by both Contractor and the State using an Atlassian-based tool, Confluence
(or similar tool) for ease of sharing and storing project information. Standard Microsoft
Office Suite including Excel, Word, Project, and PowerPoint will be used to develop
shared information.
Contractor has reviewed all of the documentation at http://www.michigan.gov/suite
regarding PMM/SEM for Michigan. Contractor will utilize the PMM/SEM Integration for
Agile Development. Contractor will follow the Project Management Methodology, Touch
Points, System Engineering Methodology (Agile Development), and Review and Approval
as they apply to the specific workflows and documentation required.
Contractor is not requesting to substitute any documentation in place of the Michigan
State documents. For example, the Requirements Traceability Matrix used for this project
will follow the template provided by SEM-0301. Each document listed, both in the Agile
development as well as the Michigan PMM/SEM, will be maintained in the mutually
accessible project artifact repository.
In the instance where both parties agree that a specific document is not necessary to be
maintained, the agreement and the document name and State designation will be updated
in the Contractor Project Management Plan. Contractor understands the State reserves
the right to give final approval of substituted documents and items marked as non-
applicable.
Milestones/Deliverables for Implementation
The milestone schedule and associated deliverables are set forth below.
Milestone
Event
Associated Milestone
Deliverable(s)
Schedule Payment
Project
Planning
Project Kickoff
Contract
Execution + 10
calendar days
Requirements
and Design
Validation
Validation sessions, Final
Requirement Validation
Document, Final Design
Document, Final
Implementation Document
Execution + 90
calendar days
10%
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Provision
environments
Validate Test and
Production environments
Execution + 180
calendar days
10%
Installation and
Configuration of
software
Final Solution and Testing
Document
Execution + 270
calendar days 10%
Testing and
Acceptance
Final Test Results Report,
Final Training
Documentation, Final
Acceptance
Execution+300
calendar days
10%
Data Migration
Execution + 450
10%
Training
Execution + 510
Production
Execution + 540
calendar days
30%
Post Production
Warranty
Included in the cost of
Solution.
Production + 90
calendar days
20%
Production
Support
Services
Ongoing after Final
Acceptance.
Ongoing
Within one week of the Kick-Off Meeting, the Contractor must provide an updated Work
Breakdown Structure (WBS) that corresponds with the milestone dates set forth above.
The WBS must be detailed enough to identify all State and Contractor responsibilities.
23. ADDITONAL INFORMATION
The State reserves the right to purchase any additional services or products from the
Contractor during the duration of the Contract.
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A
B
C
D
Business
Specification
Number
Business
Specification
Current
Capability
Requires
Configuration
Requires
Customization
Future
Enhancement
Not Available
Contractor to explain how they will deliver the business Specification. Explain
the details of any configuration/customization and the impacted risk that may be
caused if configured or customized to meet the business specification.
MANDATORY
MINIMUM
1
The system must automatically determine eligibility for
enrollment into the following programs:
• Workforce Innovation and Opportunity Act Out of
School Youth program.
• Workforce Innovation and Opportunity Act In School
Youth program.
• Workforce Innovation and Opportunity Act Adult
program.
• Workforce Innovation and Opportunity Act Dislocated
Worker program.
• Trade Adjustment Assistance program.
Y
The list of programs supported by the MonsterWorks for Michigan
(“MonsterWorks”) system exceeds the list provided in this requirement.
It includes a function that scans through program and grant eligibility
criteria and makes “smart”, predictive program matches against existing
customer records. Program staff are notified of potential program
matches, vastly increasing the quality and quantity of workforce
outreach.
2
The bidder must have minimum of one year of experience
providing workforce development case management systems
for other state(s).
Y
MGS successfully designed and implemented the State of
Washington’s system, www.WorkSourceWA.com, launched in May
2016 using an Agile methodology. The State considered it to be one of
the ‘smoothest’ major launches they had ever experienced. Workforce
staff and partners were able to immediately log into the case
management tool and begin working. Unlike their legacy system,
WorkSourceWA integrates with Washington State’s SSO solution,
allowing job seekers and employers to access many State agency sites
with one login.
In 2008, MGS successfully developed the OhioMeansJobs.com
employment website, which it continues to operate, maintain, and
customize for the State of Ohio. MGS is currently in the process of
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implementing the State of Ohio’s MonsterWorks case management
solution and integration with labor exchange.
3
The system must be compliant with rules, regulations,
guidance, federal mandates, policies and procedures from
United States Department of Labor (USDOL) that govern all
State of Michigan's workforce programs via the Department of
Labor and Economic Opportunity.
Y
The MonsterWorks system complies with Department of Labor
requirements for federally-funded programs, as well as allowing
configuration modifications to accommodate State and Local programs.
Examples of federally-
funded programs include: Trade Adjustment
Assistance (TAA), the six core programs under the Workforce
Investment Opportunity Act (WIOA), Veteran-related programs such as
the Disabled Veteran Outreach Program (DVOP) and the Homeless
Veteran Reintegration Program (HVRP), and Migrant or Seasonal
Farmworkers.
The system supports WIOA Title I programs by allowing co-enrollments
and the ability for forms to be shar
ed, such as the Individual
Employment Plan (IEP).
4
The system must offer the ability to produce the Participant
Information Record Layout (PIRL) File in CSV format on a
quarterly, annual and as-needed basis.
Y
MonsterWorks includes federally-mandated data capture, report
generation, and related data files including the PIRL. MonsterWorks
exceeds this requirement by including the WIPS checks in the
application, database, and reporting layers. Contractor will ensure the
system produces the data needed to create timely and accurate
reporting for submission to DOL on a quarterly, annual, and as-needed
basis in CSV format. Contractor
actively monitors the ongoing
compliance advice published by DOLETA and will implemen
t system
enhancements to maintain a compliant solution.
5
The system must capture all necessary data elements to
calculate and submit data for federal reporting for Workforce
Innovation and Opportunity Act (Title I) including Adult,
Dislocated Worker and Youth programs
Y
MonsterWorks is delivered with out-of-the-box configurations of Title I
including: Adult, Dislocated Worker and Youth programs, as well as
other primary federal programs. Contractor
actively monitors the
ongoing compliance advice published by DOLETA and will implement
system enhancements to maintain a compliant solution.
6
The system must capture all necessary data elements to
calculate and submit data for federal reporting for Wagner
Peyser (Title III) including Jobs for Veterans State Grants,
Migrant Seasonal Farmworkers and Reemployment Services
and Eligibility Assessment
Y
MonsterWorks is delivered with out-of-the-box configurations of Wagner
Peyser (Title III) including Jobs for Veterans State Grants, Migrant
Seasonal Farmworkers and Reemployment Services and Eligibility
Assessment. Contractor actively monitors the ongoing compliance
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advice published by DOLETA and will implement system enhancements
to maintain a compliant solution.
7
The system must capture all necessary data elements to
calculate and submit data for federal reporting for Trade
Adjustment Assistance (Title I)
Y
MonsterWorks is delivered with out-of-the-box configurations of the
Trade Adjustment Assistance (Title I) and other primary federal
programs. These configurations are accessible to system
administrators and may be adjusted as requirements change.
Contractor actively monitors the ongoing compliance advice published
by DOLETA and will implement system enhancements to maintain a
compliant solution.
8
The system must capture all necessary data elements to
calculate and submit data for federal reporting for Temporary
Assistance for Needy Families (TANF)
Y
MonsterWorks is delivered with out-of-the-box configurations of the
Temporary Assistance for Needy Families (TANF). These
configurations are accessible to system administrators and may be
adjusted as requirements change. Contractor
actively monitors the
ongoing compliance advice published by DOLETA and will implement
system enhancements to maintain a compliant solution.
9
The system must capture all necessary data elements to
calculate and submit data for federal reporting for
Supplemental Nutritional Assistance Program (SNAP)
Y
The MonsterWorks system is delivered with out-of-the-box
configurations for the Supplemental Nutritional Assistance Program
(SNAP) federal reporting requirements. These configurations are
accessible to system administrators and may be adjusted as
requirements change. Contractor
actively monitors the ongoing
compliance advice published by DOLETA and will implement system
enhancements to maintain a compliant solution.
10
The system must capture all necessary data elements to
calculate and submit data for federal reporting for National
Dislocated Worker Grants (NDWGs)
Y
MonsterWorks is delivered with out-of-the-box configurations for
National Dislocated Worker Grants (NDWGs) to support federal
reporting requirements. These configurations are accessible to system
administrators and may be adjusted as requirements change.
Contractor actively monitors the ongoing compliance advice published
by DOLETA and will implement system enhancements to maintain a
compliant solution.
11
The system must capture all necessary data elements to
calculate and submit data for federal reporting for WIOA
Apprenticeship Grants
Y
MonsterWorks is delivered with out-of-the-box configurations for WIOA
Apprenticeship Grants to support federal reporting requirements. These
configurations are accessible to system administrators and may be
adjusted as requirements change. Contractor actively monitors the
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ongoing compliance advice published by DOLETA and will implement
system enhancements to maintain a compliant solution.
12
The system must be fully web-based.
Y
MonsterWorks is a fully web-based Software-as-a-Service (SaaS)
system, meaning that users can access a commercially-hosted
computer application/system via the web during the period of
performance of the contract.
REQUIRED
13
The system must have the ability to produce ad hoc reports,
or use a third party querying tool to produce reports as
required.
Y
MonsterWorks is delivered with an industry-leading reporting tool, SAP
BusinessObjects, that allows exporting of data and reports in multiple
formats, (i.e., PDF and Excel). The system allows customers to
configure their own ad hoc reports and run them on demand or schedule
them for delivery at a predetermined time, thereby exceeding this
requirement.
14
The vendor must convert all active data and records exited on
or after July 1, 2015.
Y
Contractor will convert all active data and records exited on or after July
1, 2015. Contractor
understands the importance of implementing an
automated process to migrate data from the existing system to the new
system. The data migration process will be run numerous times during
the implementation, testing, and final cutover. As such, an automated
process will yield more consistent results in both data quality and
execution duration.
Contractor believes that automation is important and as such leverages
automated tools to improve process speed, accuracy, and repeatability.
By automating as many processes as possible, the speed of the
migration process can be optimized. Automation helps to process large
amounts of data while ensuring data accuracy and helps ensure that the
test migration process is repeatable throughout the actual migration
itself. Contractor will draw upon its experience in conducting similar data
migration efforts and
incorporate best practices in automatic data
transformation, data cleansing, and migration sequencing and
execution. Contractor
believes that automation is important and as
such leverages automated tools to improve process speed, accuracy,
and repeatability. By automating as many processes as possible, the
speed of the migration process can be optimized. Automation helps to
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process large amounts of data while ensuring data accuracy and helps
ensure that the test migration process is repeatable throughout the
actual migration itself. Contractor
will draw upon its experience in
conducting similar data migration efforts and incorporate best practices
in automatic data transformation, data cleansing, and migration
sequencing and execution.
15
The system must provide supervisors the ability to review,
assign, or re-assign work items of direct reports based on
security roles.
Y
The MonsterWorks system includes the ability for supervisors to review,
assign and re-assign work items to direct report staff based on security
roles and provides a view of caseloads across their organizational span
of control from their dashboard. Supervisors can add seekers or
employers to a staff user account and the caseload list can be viewed
from the staff dashboard.
16
The system must offer a method to correlate supervisors with
assigned direct reports, based on security roles within the
existing system. This includes State Employee Users,
Contractors and Other Users.
Y
MonsterWorks offers a method to correlate a supervisor with a direct
report, if both the supervisor and the direct report(s) have a user account
within the system. This includes State Employee Users, Contractors,
and Other users.
17
The system must save data at the specific point in time when
individual program eligibility is determined.
Y
MonsterWorks creates a snapshot record to freeze point-in-time data
for each program enrollment.
18
The system must automatically identify and suggest services
and programs for customers based on their Individual
Employment Plan (IEP).
Y
MonsterWorks has a comprehensive interface to collect customer
goals, barriers and to develop individual employment plans. The system
recommends eligible programs and services to the case worker to
fac
ilitate the counseling sessions. The automatic identification of
services functionality will be available at software acceptance.
19
The system must offer group functionality where a specified
group of customers receive the same activity, support service
and/or comment with one transaction that applies to all
customers.
Y
MonsterWorks allows users to create a group of customers and provide
them a service and case notes with one transaction.
20
The system must allow for maximum usability through
automation, including suggested/automated comments,
customized by local administrative area and auto populating
fields.
Y
Helping our users minimize data entry is a key component of the
MonsterWorks system. On screens and within functions where the
system can leverage data already entered elsewhere, it does so. This
is relevant in the Program Eligibility workflow, where Intak
e data is
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prepopulated into a given Program's Eligibility Form without extra effort
from the staff person conducting the eligibility review.
The system recommends eligible programs and services to the case
worker to facilitate discussions about next steps.
The system presents valid choices and values for data input based upon
existing business rules, data within the system and input provided in the
active form.
The system allows administrators to configure case notes categories
and to customize default text
associated with each category allowing
case worker to automate comments.
21
The system must have USDOL data validation check points
as users enter data, alerting users of potential USDOL data
validation violations.
Y
Business rules enforcing USDOL workflow checkpoints and USDOL
data validation are included in MonsterWorks. The system will indicate
when a user enters invalid data based on field validation and business
rule constraints. Furthermore, the data fields unde
r validation are
indicated in the online help.
22
The system must indicate whether each data field is subject to
USDOL data validation.
Y
MonsterWorks will indicate when a user enters invalid data based on
USDOL field validation and business rule constraints. Furthermore, the
data fields under validation are indicated in the online help.
23
The system must offer a method for users to easily define
each data field, on each screen, for each program.
Y
MonsterWorks helps users to understand what information is required
for each data field with the definition of a data field as a pop up when
the user hovers their mouse over the field. The
help tooltip within
MonsterWorks is ADA compliant.
24
The system must save incomplete/pending registrations which
are available for future completion within a specified
timeframe. If an incomplete/pending registration is not
activated within a specified timeframe, the registration is
deleted.
Y
MonsterWorks allows for unused and incomplete program registration
to expire after a preconfigurable period of time.
25
The system must allow for administrators to assign role-based
access.
Y
MonsterWorks contains a robust user role hierarchy that enables
different users with access to various functions within the case
management software. For example, an Administrator may assign role-
based access, manage other user accounts, and assign workloads.
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Administration roles are available at the state and county levels and
have the ability to assign Staff to offices. MonsterWorks includes a well-
designed user interface model that allows all authorized State workforce
employees to work effectively, effi
ciently, and securely. The system
utilizes various user roles and data access paradigms to ensure that
staff can view only appropriate data relevant to their role. The
application includes the ability to mark cases as confidential based on
user role permissions.
26
The system must clearly indicate all required fields, triggering
specific error messages if required field(s) are not complete
prior to insertion and/or update.
Y
The MonsterWorks system clearly indicates all required fields and if they
are
not filled in correctly, it triggers an error message that must be
addressed before proceeding.
27
The system must use all existing data field values across all
programs, minimizing data entry when possible.
Y
Helping users reduce data entry is a key component of the
MonsterWorks system. On screens and within functions where the
system can leverage data already entered elsewhere, it does so. This
is very relevant in the Program Eligibility workflow, where Intake data is
prepopulated into a given Program's Eligibility Form without extra effort
from the staff person conducting the eligibility review.
28
The system must offer a method to search for content in
participant specific comments
Y
The “Case Notes” in MonsterWorks for Participants, Non-Participants,
and the Employer records feature an expandable systemwide view that
is sortable by date or program. Case notes can be added to contact
records and are easily searchable, thereby increasing staff efficiencies
resulting in an optimum user experience.
29
The system must offer a method for local area staff to easily
search for existing customer records by the following fields:
Last Name, First Name and/or Date of Birth, including
narrowing the search by program area.
Y
MonsterWorks includes search options for seeker and employer records
based on, among other fields, Last Name, First Name, Date of Birth and
Program area. The advanced search functionality allows return results
to be sorted and filtered.
30
The system must offer the ability to upload and store
documents or access a third party archival, including
documents such as a Driver’s License, DD214 and/or
Birth Certificate. Please provide limitations associated
with data storage, how performance may be impacted,
Y
MonsterWorks includes a private S3 bucket that accommodates
uploading and storage of the stated documentation for use with various
programs. Uploaded documents can be attached to services,
employers, seekers, case notes, eligibility applications including WIOA
and TAA, and more. Documents can be uploaded via a Tablet, Mobile
Device, etc.
This storage is monitored and expanded as needed,
removing any perceived limitations as well as any performance impacts
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and confirm this will meet SOM security requirements.
Security requirements were included in the PSPs.
as document counts increase. MonsterWorks’ implementation includes
virus scanning on all uploaded documents, encrypted transfers, and
storage. Contractor believes that this approach meets or exceeds SOM
security requirements.
The system maintains a whitelist of allowed file formats for uploaded
documents. Consistent with the needs of Workforce professionals, that
whitelist contains standard “office” and image file formats and rules out
formats typically used for large video files.
31
The system must allow for electronic signatures that are
suitable as official documentation. Indicate where electronic
signatures will be stored/managed and if this will meet SOM
security requirements. Security requirements were included in
the PSPs.
Y
MonsterWorks stores electronic signatures as images within its
application database. These images are generated from the individual’s
name, as entered, when a signature is requested. Staff signatures are
only captured from within MonsterWorks, while Cust
omer signatures,
which are captured outside of MonsterWorks, utilizes a one-time signing
token for additional security. We log the date/time that the document is
signed as well as when the request for signature was generated.
Signed documents are stored encrypted in our document repository in
PDF format. MonsterWorks also uses a SHA256 checksum to validate
that the document is not modified after it is uploaded. Contractor
believes that its approach meets or exceeds SOM security
requirements.
32
The system must integrate with the State of Michigan's multi
factor authentication system, MILogin.
Y
Contractor has extensive experience implementing SAML based SSO
integration both as IDP (identity provider) and RP (relying party).
MonsterWorks will integrate with Michigan’s multi-factor authentication
system, MILogin. Contractor welcomes the opportunity to work with the
State to configure this functionality.
33
The system must offer a searchable history for users to review
current and prior system functionality by release.
Y
MonsterWorks offers searchable release history notes that are updated
with every release and with new functionality and bug fixes associated
with the current release to ensure optimal performance.
34
The system must offer online, searchable user guides,
updated with every release.
Y
MonsterWorks has an integrated online help capability that is
searchable and updated with every release and provides the ability for
users to include topics relevant to the State or local office.
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35
The system must interface with the State's Unemployment
Insurance system to receive Wagner Peyser Reemployment
Services Eligibility Assessment (RESEA) claimants referred
for workforce development services and required to complete
these services within a specified timeframe.
Y
MonsterWorks is built using an open architecture and supports batch
and real-time data exchanges over secure connections. It is capable of
supporting an interface with the UI system to support RESEA workforce
development services within a specified time frame. Contractor looks
forward to the opportunity to engage with the appropriate State
stakeholders to implement this interface.
36
The system must automatically create and track RESEA
appointments, including the ability to reschedule such
appointments.
Y
MonsterWorks is built using an open architecture and supports batch
and real-
time data exchanges over secure connections. It will be
capable of supporting an interface with the UI system. Contractor looks
forward to the opportunity to engage with the appr
opriate State
stakeholders to implement this interface.
Automatic or rescheduled RESEA appointments will be available as a
future enhancement. This functionality will be available at software
acceptance.
37
The system must interface with another state system
(Department of Health and Human Services Michigan's
Bridges system, Data Warehouse) to send and receive
welfare referrals via batch jobs.
Y
MonsterWorks is built using an open architecture and supports batch
and real-time data exchanges over secure connections. We understand
that every state implementation could be slightly different. Our system
is architected to easily adapt to the required modification and can
efficiently implement data exchanges.
MonsterWorks will support an interface from the specified State system
to send and receive welfare referrals via batch jobs. Contractor looks
forward to the opportunity to engage with the appropriate State
stakeholders to implement this interface.
38
The system must integrate with the State's Eligible Training
Provider List.
Y
MonsterWorks is built using an open architecture and supports batch
and real-time data exchanges over secure connections. We understand
that every state implementation could be slightly different. Our system
is
architected to easily adapt to the required modification and can
efficiently implement data exchanges.
The MonsterWorks system will support an integration with the State’s
Eligible Training Provider List. Contractor
looks forward to the
opportunity to enga
ge with the appropriate State stakeholders to
implement this interface.
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39
The system must source training providers from the State’s
Eligible Training Provider List for selection of training
activities.
Y
MonsterWorks is built using an open architecture and supports batch
and real-time data exchanges over secure connections. We understand
that every state implementation could be slightly different. Our system
is architected to easily adapt to the required modification and can
efficiently implement data exchanges.
The system will support an integration with the State’s Eligible Training
Provider List to support training activities. Contractor looks forward to
the opportunity to engage with the appropriate State stakeholders to
implement this interface.
40
The system must collect training expenditures per USDOL's
TEGL 3-18.
Y
MonsterWorks captures training expenditures in compliance with TEGL
3-18.
41
The system must interface with the State's Unemployment
Insurance system to access and display claimants data,
including but not limited to new hire data, claimant's work
history (up to 5 full quarters prior to their claim and 6 quarters
after system exit) and State specific quarterly wage data with
actual participant level quarterly earning amounts.
Y
MonsterWorks is built using an open architecture and supports batch
and real-time data exchanges over secure connections. We understand
that every state implementation could be slightly different. Our system
is architected to easily
adapt to the required modification and can
efficiently implement data exchanges.
It can support an interface with the Unemployment Insurance system to
display claimant data referenced in this requirement and reflect the
timeline required. Contractor looks forward to the opportunity to engage
with the appropriate State stakeholders to implement this interface.
42
The system must integrate with the State's Adult Education
reporting system or offer the capability to track Adult
Education reporting via a separate module.
Y
MonsterWorks is built using an open architecture and supports batch
and real-time data exchanges over secure connections. We understand
that every state implementation could be slightly different. Our system
is architected to easily
adapt to the required modification and can
efficiently implement data exchanges.
MonsterWorks will support an interface from the state adult education
system. Contractor looks forward to the opportunity to engage with the
appropriate State stakeholders to implement this interface.
43
The system must identify duplicate social security number
entries for multiple customers and provide options for
remediation.
Y
MonsterWorks identifies duplicate social security number entries
during registration and prevents profile creation completion if the
number already exists in the system. This eliminates duplicate data
thereby increasing overall efficiencies.
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44
The system must automatically apply a method to hide a
customer's social security numbers immediately upon the user
entering the data.
Y
MonsterWorks automatically hides user data entries for sensitive
personal information such as Social Security Number.
45
The system must access wage record for employment
verification and performance measures. The presence (Yes
or No) of wages is reflected on a quarterly basis, for at least
1.5 years after the participation exits.
Y
MonsterWorks is built using an open architecture and supports batch
and real-time data exchanges over secure connections. We understand
that every state implementation could be slightly different. Our system
is architected to easily adapt to the required modification and can
efficiently implement data exchanges.
MonsterWorks can support an interface with the
wages system.
Contractor will engage with the appropriate State individuals to define
and implement the interface with Unemployment Insurance Agency
(UIA) IT System and SWIS (State Wage Interchange System).
46
The system must capture post-exit quarter supplemental
outcome data.
Y
The MonsterWorks system captures supplemental outcome data for up
to ten (10) quarters post-exit.
47
The system must clearly display the actual dates of each post-
exit quarter, including the begin date of the reporting quarter
and the end date of the reporting quarter.
Y
MonsterWorks automatically generates quarter-specific forms covering
each of ten (10) quarters post-exit. The quarter-specific forms contain
date information for the user’s convenience.
48
Each customer in the system must have a Unique ID that is
viewable.
Y
MonsterWorks provides each customer with a unique number ID
displayed on the customer dashboard.
49
The system must offer the ability to run reports detailing
performance measure data, based on daily data, with the
option to drill down.
Y
MonsterWorks includes a robust reporting tool, SAP BusinessObjects,
that allows the ability to obtain reports by state, local area, county, case
and individual, and provides access to all
fields in the system. It
supports a drill-
down option on daily data related to program
performance and outcome measures thereby providing data at the
detail level needed.
50
The system must offer the ability to run static performance
measure reports as submitted to USDOL on a quarterly basis.
At a minimum, the federal report options includes the required
Employment and Training Administration 9169 and 9173
reports.
Y
MonsterWorks generates easy-to-use performance-related reports and
datasets for federally-mandated reports including ETA-9169 and ETA-
9173.
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51
The system must collect all required data and offer the ability
to fulfill reporting requirements for the Migrant Seasonal
Farmworker 5148 report.
Y
MonsterWorks is designed to comply with Department of Labor
requirements for federally-
funded programs, as well as allowing
configuration modifications to accommodate State and Local programs.
The system collects all required data for the Migrant or Seasonal
Farmworkers program and supports the generation of the ETA-5148
report.
52
The system must be able to produce a quarterly PIRL file that identifies edit
check violations, resolves those violations, and passes all USDOL edit
checks prior to the quarterly and annual submission dates.
Y
MonsterWorks produces a quarterly PIRL file that identifies edit check
violations. The application contains screens and tools to help case
management and State Performance users resolve data errors that
impact performance. Additionally, the system deliver
s backend data
governance and validates all PIRL data elements and their logical
relationships to produce a list of elements that failed validation with a
clear description of the errors or warnings in accordance with DOL
WIPS rules. MonsterWorks includes federally-mandated data capture,
report generation, and related data files.
53
The system must comply with rules of Common Measures, as
Michigan is currently a Common Measures participating state.
Y
The MonsterWorks system captures the data elements necessary to
track, monitor, and report on common performance measures to ensure
compliance.
54
The system must capture required data elements to satisfy
federal Eligible Training Provider reporting requirements on
the Employment and Training Administration 9171 report.
Y
MonsterWorks contains the data elements necessary to create and
produce the ETA-9171 report.
55
The system must capture participant outcomes for reporting
purposes, including apprenticeships, military and employment
related data.
Y
MonsterWorks captures participants data for reporting program
outcomes including apprenticeships, military, and employment related
data.
56
The system must calculate and display the actual date the
reportable customer is deemed a participant.
Y
MonsterWorks offers a holistic view of the participant with all relevant
information including the actual date the reportable customer is deemed
a participant.
57
The system must calculate and display the date the participant
exits.
Y
MonsterWorks offers a holistic view of the participant with all relevant
information including the date the participant exits.
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58
The system must clearly identify activities related to federal
performance.
Y
MonsterWorks displays the associated federal program during the
configuration of mandated programs and clearly identifies services and
activities related to the program.
59
The system must annually update the Low-Income
calculations to meet federal eligibility guidelines.
Y
MonsterWorks annually updates the Low-Income calculations to meet
federal eligibility guidelines in accordance with Michigan’s local area zip
code mapping.
60
The system must offer the ability for users to export all report
data in several formats (Excel, PDF and CSV at a minimum),
maintaining format and functionality in Excel.
Y
MonsterWorks comes with an industry-leading reporting tool that can
export data and reports in multiple formats, including PDF, CSV, and
Excel. This flexible, easy-to-
use tool allows advanced caseload and
performance reporting capabilities.
61
The system must offer a data dictionary that houses all data
fields, data field values and business rules and is updated with
every release, accessible for administrators.
Y
MonsterWorks offers a data dictionary for all data fields and business
rules, updated with every release that introduces new dictionary
changes. State Administrators and Database Administrators will have
easy access to the information.
62
The system must offer a robust set of canned reports
available on demand to both state staff and local area staff,
covering all federal programs, with easy to understand report
descriptions that can be included with each report.
Y
The system’s reporting tool, SAP BusinessObjects, provides a
comprehensive set of on-demand, and regularly-
scheduled canned
reports to both state and local area staff. These reports cover all federal
programs and are clearly identified and labeled for ease of use.
63
The system must offer an option to add reports to existing
canned report section.
Y
MonsterWorks provides authorized users with the ability to create new
reports and add them to the existing list of canned reports.
64
Please provide examples of participant reports that are
produced across all programs, covering options for local area
users to retrieve active participants, registered participants,
participations included in performance, activities and exiters,
specific to their security role.
Y
MonsterWorks contains extensive, pre-built reports that users with the
appropriate
security privileges can view to gain valuable, actionable
insight into case status and participant outcomes. In addition, the
system’s powerful and flexible reporting engine, SAP BusinessObjects,
generates custom reports based on the state or local needs. Example
reports are also provided in Exhibit B of this document and enlarged for
the State’s ease of review.
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Canned Operational Reports Example
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Employment Statistics and Outcome Summary By Program
Example
Employers and Recruiters Services Example
Program Outcomes Example
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65
The system must include the required data fields for federal
TANF reporting, including tracking the required number of
weekly attendance hours.
Y
The MonsterWorks system tracks attendance hours for TANF-receiving
job seekers and enables weekly validation.
66
The system must offer the ability to grant administrative rights
based on security roles.
Y
MonsterWorks includes a robust user role permission structure and a
well-
designed user interface model that allows all State workforce
employees, with administrative roles, to add users and their roles
effectively, efficiently, and securely. Administration is available at the
state and county levels.
The system utilizes defined roles and data access paradigms to ensure
that staff can see only appropriate data relevant to their role or user
profile.
The user permission hierarchy in the MonsterWorks system produces
dynamic displays of data, and appropriate levels of data capture and
validations.
67
The awarded bidder must provide a Data Conversion plan,
including a mapping document specifying the current system
vs. the new system for all data fields and data field values.
Y
The Contractor Data Conversion (Migration) Plan delivered post-award
will ensure that:
All relevant parties understand and agree to the data migration
plan.
All data migration tasks will be conducted within a clear and
agreed upon framework.
The data migration is designed as a single uninterrupted
process through extract, transform, and load to reduce risks.
The data migration approach will use rigorous formal
verification and reconciliation processes.
Contractor has included a sample Data Conversion (Migration) Plan
with this proposal. Please refer to Schedule G of this proposal.
68
In conjunction with state level staff, the contractor must test all
data conversions.
Y
Data Conversion Testing is performed during the transformation (or
translation) of data from the current format to the new system.
As data is extracted from the current source, it is then transformed and
loaded into the MonsterWorks system. The extraction is based on a
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specified set of requirements. To summarize the Data Conversion
Testing approach:
IDENTIFY: Review the data source(s) where the data is
coming from and what information might be missing or
inconsistent.
DEFINE: Define the data requirements and ensure the needed
data can be properly translated and converted.
LOAD AND REVIEW: Review and test the data being loaded
for accuracy. Once the data has been validated it can be
loaded and placed into production.
Contractor has included a sample Data Conversion Test Plan with this
proposal. Please refer to Schedule G of this proposal.
69
The bidder must provide examples of how core data elements
are displayed for participants in all programs.
Y
Core data elements are displayed on two screens for each participant.
The participant “Profile” screen contains core demographic information
related to the participant and it is a
lso displayed on the participant
“Dashboard” screen.
70
The system must allow state administrators to create,
configure, and delete business rules, with access to view all
current business rules.
Y
Administrators can create, configure, delete, and view business rules in
the Program Eligibility, Program Service Provisions, Program
Outcomes, and System Forms screens.
71
The system must offer the ability to reassign participant
record(s) from one location to another.
Y
The MonsterWorks system allows authorized users to reassign
participant records from one location to another by reassigning the
participant record to a different case worker in the new location.
72
The system must offer local area administrative staff the ability
to add/edit their location information, including
activating/inactivating the specified location and editing
address/phone number.
Y
MonsterWorks allows authorized staff administrators to add, modify
local information (including
address and phone number) and to
activate/inactivate specified location.
73
The system must offer a searchable audit trail system by data
field, including username, date, time of insertion and update.
Y
The MonsterWorks system maintains an audit trail that contains the
listed data points and is searchable by the specified information.
74
The system must allow users to indicate they are done
providing services to the participant.
Y
MonsterWorks offers users the ability to close and collect outcomes on
individual services as well as program enrollments.
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The staff services dashboard shown in the figure below allows staff
users with proper roles and permissions to see only their recent
caseload for services. Role-based security allows
managers to see
caseloads across their organizational span of control.
Contractor has also included an enlarged view of this graphic in Exhibit
B of this document for the State’s ease of review.
Staff Services Dashboard Allowing Staff with Proper Roles and
Permissions to View their Recent Services Caseload
75
The system must have the capability to collect data for state
and local level projects separate from federal reporting.
Y
MonsterWorks collects data for state and local programs with
independent reporting separate from mandated federal reports. The
system contains a powerful and flexible reporting engine, SAP
BusinessObjects, that allows preconfigured reports to be run, and
collects data required for ad hoc or custom reporting.
76
Approved bidder must provide a comprehensive testing plan
to be reviewed and approved by the State of Michigan.
Y
Contractor will provide a comprehensive test plan to be reviewed and
approved by the State of Michigan. Please refer to line 78 for more
details on testing.
See Contractor’s sample Quality Assurance Testing Plan in Exhibit A
following this Table Schedule A, Table 1.
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77
Bidder must provide an example of a typical testing plan.
Y
See Contractor’s sample Quality Assurance Testing Plan in Exhibit A
following this Table Schedule A, Table 1.
78
The contractor, in conjunction with state level staff must
conduct end-to-end testing including unit testing, regression
testing, load testing, user acceptance testing and continuous
testing of the application both before and after implementation
while using test data similar to actual production data.
Y
Contractor will work with state level staff, as appropriate, to conduct,
document, and communicate the results of end-to-end testing.
Contractor’s testing strategy includes:
Unit testing: Conducted by running automated tests written by
developers to ensure a sectio
n of the application meets the design
protocols and behaves as intended.
Regression testing: Conducted after any round of issue fixes or updates.
The purpose is to first verify that those fixes or updates are correct, and
then to ensure that those changes did not in turn cause or reveal other
problems. The main objective is to ensure there are no cases of “one
step forward, two steps back”.
Performance testing: To check system behavior when it is under load.
These tests are non-functional and can emulate p
roduction data to
validate the platform’s reliability, stability, and availability.
UAT: Conducted to ensure the system is tested against the functional
requirements/specifications. UAT involves the following:
Identify functions software is expected to perform.
Create input data based on the function’s specifications.
Determine output based on the function’s specifications.
Execute test case.
Compare actual/expected outputs.
Functional system testing consists of test conditions created directly
from Michigan’s user/business requirements.
System/Smoke/Continuous testing: Performed to validate the complete
integrated solution. The purpose is to evaluate system compliance with
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specified requirements. Contractor will conduct smoke testing to ensure
major site elements do not display any broken functionality.
Accessibility testing: Conducted to ensure the application being tested
is usable by those with disabilities.
79
The vendor must provide test cases for testing conversion
scripts, and new data fields.
Y
Contractor will provide test cases related to data conversion to be
reviewed and approved by the State of Michigan.
80
The contractor must itemize and test all reports for accuracy,
including the federal 9169 and 9173 reports, based on both
annual and quarterly data.
Y
The MonsterWorks system uses a centralized reporting database that
allows easy report generation on demand and scheduled including the
federal 9169 and 9173 reports.
81
The contractor must conduct a complete end-to-end test on all
identified interface batch files, including both incoming and
outgoing files for insertions, updates and deletes.
Y
As detailed in the response to Item 78 above, Data Conversion Testing,
Functional Testing, Integration Testing an
d System Testing will be
carried out for each data interface implemented. Incoming data files will
be generated to cover all relevant use cases and predicted outcomes
will be published. Processed outgoing data files will be scrutinized
against requirements.
82
The contractor must provide initial training materials
customized for Michigan.
Y
Contractor recognizes the need to tailor learning experiences to the
unique needs of each user group while also realizing economies of
scale associated with delivery of uniform solutions. Our approach is
designed to meet the challenges associated with training a vast and
changeable user population through blended learning solutions that
combine in-person training, online training, and a train-the trainer
model.
Our training products/services are developed and delivered using
industry-standard instructional techniques and include multiple delivery
methods. Training content will be tailored for each distinct end user
group and job function identified, as well as customized for Michigan.
83
The contractor must provide initial and ongoing as-needed
training to state level staff.
Y
Contractor will develop a comprehensive training plan and deliver the
training program to support initial and ongoing education for
stakeholders as they employ the new software and processes.
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84
The system must offer a multi-level customizable user
dashboard or be capable of linking to Michigan's existing
dashboard.
Y
MonsterWorks offers dashboards for different user roles, including a
case worker dashboard that includes prioritized cases view, work
queue, upcoming events, and appointments, required follow-up
actions and quick navigation to other high value information. The
system also includes a program dashboard and a participant
dashboard to provide holistic view to the case workers on programs or
assigned participants for quick decision making.
Case Worker Dashboard Example
85
The system must offer a method for State Administrators to
create, update and inactivate customer records.
Y
In accordance with Q&A #175, Contractor understands the State’s need
to create test data, and will provide a test environment. Under rare
instances where test data has to go into production, Contractor will
provide the necessary support to inactivate the data.
86
The bidder must provide examples of the system's case
management functionality from a participant's initiation of
services through four full quarters past the participant’s
program exit.
Y
The following snapshots illustrate examples of the participant’s case
management journey through registration, eligibility assessment,
documenting case notes, program and service enrollment, and post
exit follow-up actions.
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Please note that we have included enlarged views of all graphics for
the State’s ease of review in Exhibit B of this document.
Initial Customer Intake Example
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Eligibility Form Example
Adding Case Notes Example
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Rendering Customer Services Example
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Follow-up Plan Example
87
The system must offer a calendar feature where users can
select a date and manually type a date for all data fields that
accept dates.
Y
MonsterWorks provides each customer with a standard calendar
component aggregating and listing their appointments, while each staff
user has a similar calendar listing the scheduled appointments and the
appointment "reservations" they have created for their specific
customers. All date fields support a calendar element or the ability to
enter a date manually.
OPTIONAL
88
The system should track customer entry, including the reason
for their visit and link responses to existing customer records.
Y
Contractor offers this functionality through MonsterWorks LX or the
Participant Resource Portal, which is accessible at job centers via a
smart device or provided computers to register new participants or
welcome returning customers.
Participants can either create an account or login to the system using
their credentials and indicate the purpose of their visit and the
responses are linked to the existing customer profile.
89
The system should suggest services based on responses to a
customer's reason for their visit at customer entry (without
staff intervention).
Y
Contractor offers this functionality through MonsterWorks LX or the
Participant Resource Portal, which is accessible at job centers via a
smart device or provided computers to register new partici
pants or
welcome returning customers. The reason for visit is requested and
appropriate self-
services are presented to the customer without staff
intervention.
90
The system should use intelligence with matching potential
training programs with customer's educational goals.
Y
Contractor offers this functionality through MonsterWorks LX or the
Participant Resource Portal, which is accessible at job centers via a
smart device or provided computers to register new participants or
welcome returning customers.
MonsterWorks has comprehensive individual employment plans with
identified work barriers and career/educational goals. The system uses
the available information to recommend the best suitable training
programs.
This functionality is part of
the MonsterWorks core solution and not
subject to an additional cost.
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91
The system should alert the local area case manager(s) if a
specific customer is physically present in the specified
location.
Y
Contractor offers this functionality through MonsterWorks LX or the
Participant Resource Portal, which is accessible at job centers via a
smart device or provided computers to register new participants or
welcome returning customers. If a specific customer is physically
present, the local area case manager is alerted.
92
The system should alert the Case Manager if a Veteran is
physically present at the specified location.
Y
Contractor offers this functionality through MonsterWorks LX or the
Participant Resource Portal, which is accessible at job
centers via a
smart device or provided computers to register new participants or
welcome returning customers. If a Veteran is physically present, the
appropriate case manager is alerted.
93
The system should default to the English language, with an
option for users to change to several language options.
Y
MonsterWorks’ default language is English. For other languages,
Contractor is including Google Translate to meet the language options
desired. This includes all languages supported by the Google Translate
engine. Google updates their official list as new languages are added.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
94
The system should allow local area administrators the ability
to make optional fields required for their local area.
Y
MonsterWorks configures data elements and questions associated with
local program eligibility and assessments, and thereby provides local
area administrators the ability to identify the required fields.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
95
The system should automatically adapt to different size tablets
and mobile devices.
Y
MonsterWorks uses responsive design, which allows for ease of
accessibility regardless of the type of device being utilized. Although the
appearance may look slightly different on a phone or tablet versus a
computer, the functionality is identical.
This f
unctionality is part of the MonsterWorks core solution and not
subject to an additional cost.
96
The system should have a method to produce mass outreach
via email or text to notify a specified group of customers,
participants and exiters to alert them of upcoming job fairs,
training sessions, and other follow ups, with an option for
customers to opt out of each communication method. Please
Y
MonsterWorks allows authorized users to produce outreach e-mail
messages delivered to all individuals or a defined subset of individuals
to inform or alert of upcoming events, such as job fairs or training
sessions. Communication via text and the ability for individuals to opt
out will be available at software acceptance.
There is no additional
related cost needed for this option.
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provide any related cost information for this option in Schedule
B – Pricing.
97
The system should offer a method for customers to schedule
appointments, register for trainings, workshops and other
required activities.
Y
Contractor offers self-scheduling functionality through MonsterWorks
LX or the Participant Resource Portal, which is accessible at job centers
via a smart device or provided computers to register new participants or
welcome returning customers.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
98
The system should offer a web application or portal for
customers to interact with a Case Manager.
Y
Contractor offers customers the ability to interact with a Case Manager
through MonsterWorks LX or the Participant Resource Portal, which is
accessible at job centers via a smart device or provided computers to
register new participants or welcome returning customers.
99
The system should offer online tutorials designed for entry
level staff, which are updated with every release.
Y
MonsterWorks offers online tutorials for entry-level staff as part of
training activities. All online tutorials are updated with every software
release.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
100
The system should offer a help button to connect with
technical support, please indicate any or all languages
supported.
Y
Contractor provides users with robust online help that includes hover
over, pop-up alerts, and FAQs. We use proactive monitoring, problem
escalation procedures, and offer technical support (Tier 2) for the
system. System Administrators are provided a toll-free number to call
when support is needed. As calls are received by the Help Desk, all
contacts are: 1) logged into the Help D
esk system, 2) a support ticket
tracking number and resolution purposes is provided to customers, and
3) as the issue is worked on and the status changes, updates are
provided on each reported issue.
We employ a problem escalation procedure to ensure all problems are
escalated to operational and management personnel based on priority
and depending upon the problem severity. Should a problem occur, the
State shall submit a problem report to the Contractor Help Desk either
by telephone or email, that includes: 1) A problem description; 2) the
circumstances under which the problem occurred; including examples.
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We use a state-of-the-art call center, telephony, and software to ensure
accurate and timely receipt, logging, tracking, and issue escalation.
Hours of availability are from 8AM to 8PM EST Monday through Friday,
excluding federal holidays. Our built-in escalation process is designed
to address any software problem a user may encounter. Support
beyond core hours includes the ability to submit emails or to contact the
assigned Project Manager and/or Account Manager.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost. The MonsterWorks Help Desk supports
the English language.
101
The bidder should have the ability to utilize out of state wages
for calculating WIOA performance measures on quarterly and
annual reports.
Y
MonsterWorks is built using an open architecture and supports batch
and real-time data exchanges over secure connections. We understand
that every state implementation could be slightly different. Our system
is architected to easily adapt to the required modification and can
efficiently implement data exchanges.
The MonsterWorks system integrates with systems that provide out-of-
state wage
data to obtain the necessary information and uses our
powerful and flexible reporting engine, SAP BusinessObjects, to
generate quarterly and annual performance reports.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
102
The system should integrate with the state’s labor exchange
system, or provide a replacement module.
Y
Contractor proposes a robust Labor Exchange (LX) option, which would
result in a fully compliant, end-to-end case management solution that
would transform the way job seekers and employers connect. It is
configurable, easy-to-use, and aligned with the workforce development
mission and brand of Michigan LEO-E&T.
This option offers intuitive, efficient, and easy-to-use self-service
capabilities for employers and job seekers alike and easily integrates;
has self-service and on-demand tools with one-to-one services allowing
the State to engage job seekers and employers, as well as enable
regional MWAs to better serve all constituents. It gives participants the
ability to take control of their active job search. They receive access to
a wealth of career-planning tools, including a resume builder, career-
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path advice, education/training materials, budget calculator and
tracking, research occupations, expected salaries, career goal setting
(IEP), calendaring, skills assessments, etc.
The recommended LX option gives employers the ability to manage and
communicate with applicants, search resumes, as well as post and
manage jobs. By implementing the LX option, data is viewable in real-
time in the MonsterWorks case management system providing staff with
immediate visibility into all participant data and all self-service related
actions. This ultimately improves outcomes and empowers Staff to
deliver fast, informed, personalized career guidance – whether a citizen
is unemployed, underemployed, or looking to make their next career
move.
For more detailed product information, please refer to Schedule A,
SOW, Section No. 9. Alternatively, MonsterWorks can integrate with
the state’s labor exchange.
103
The system should access the state’s labor exchange system
so the local area user can review the customer’s resume
within the case management system.
Y
MonsterWorks can integrate with the state’s labor exchange so that
users can review a customer’s resume within the system.
MonsterWorks is built using an open architecture and supports batch
and real-time data exchanges over secure connections. We understand
that every state implementation could be slightly different. Our system
is architected to easily adapt to the required modification and can
efficiently implement data exchanges.
As mentioned in 102 above, Contractor is proposing its MonsterWorks
LX offering to provide staff with immediate visibility into all participant
data and all self-
service related actions. This ultimately improves
outcomes as well as empowers Staff to deliver fast, informed,
personalized career guidance - whether a citizen is unemployed,
underemployed, or looking to make their next career move.
For more information on this offering, please refer to Schedule A,
Statement of Work, Section No. 9, detailed product description.
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104
The system should integrate with the Worker Adjustment and
Retraining Notification database, or provide a replacement
module.
Y
MonsterWorks is built using an open architecture and supports batch
and real-time data exchanges over secure connections. We understand
that every state implementation could be slightly different. Our system
is architected to easily adapt to the required modification and can
efficiently implement data exchanges.
MonsterWorks supports an interface with the WARN system. Contractor
looks forward to the opportunity to engage with the appropriate State
stakeholders to define and implement this interface.
105
The system should include financial management
functionality.
Y
MonsterWorks provides robust financial management tools to
appropriately implement the policies of every program and funding
source that contributes to the State's workforce efforts.
Program budgets may be set and maintained at the State, Area, and
Local
levels. Each budget level supports not just allocations and
expenditures, but also policy caps on annual service provision, lifetime
limits, etc.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
106
The system should provide a method for tracking services to
employers in accordance with WIOA reporting requirements.
Y
Through its complete and configurable Business Services program,
MonsterWorks tracks customized services offered to employers.
Events, group services, case notes, and business services records are
all available to capture the effort of business services staff as they work
to improve the State's employment environment. The data collected by
Business Services staff powers WIOA compliant reporting.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
107
The system should include customer relationship
management (CRM) capabilities for interactions with
employers.
Y
MonsterWorks includes a robust employer relationship management
system in which the employer record architecture is such that company
contact associated to a particular location display in the location
dashboard. Services and notes recorded in any of the corresponding
records will be visible in the employer location dashboard. Each record
will be represented by a contact card, to include contact information and
a link to the record. As part of the employer services, employer contacts
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such as phone calls can be recorded with additional case note
information within the service.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
108
The system should allow for integration with other State of
Michigan data systems including, but not limited to the
Secretary of State, Department of Corrections, Social Security
Administration, and Michigan Rehabilitation Services.
Y
MonsterWorks is built using an open architecture and supports batch
and real-time data exchanges over secure connections. We understand
that every state implementation could be slightly different. Our system
is architected to easily adapt to the required modification and can
efficiently implement data exchanges.
MonsterWorks supports an integration with other State of Michigan data
systems including, the Secretary of State, Department of Corrections,
Social Security Administration, and Michigan Rehabilitation Services.
Contractor
looks forward to the opportunity to engage with the
appropriate State stakeholders to implement this interface.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
109
The system should integrate with the state's data collection
systems for WIOA Title IV, or provide a replacement module.
Y
MonsterWorks is built using an open architecture and supports batch
and real-time data exchanges over secure connections. We understand
that every state implementation could be slightly different. Our system
is architected to
easily adapt to the required modification and can
efficiently implement data exchanges.
MonsterWorks can support an interface with the state data collection
systems for WIOA Title IV. Contractor looks forward to the opportunity
to engage with the appropria
te State stakeholders to implement this
interface.
110
The bidder should describe available Unemployment
Insurance modules that may be connected to the base case
management system.
Y
MonsterWorks is built using an open architecture and supports batch
and real-time data exchanges over secure connections. We understand
that every state implementation could be slightly different. Our system
is architected to easily adapt to the required modification and can
efficiently implement data exchanges.
The UI-related data screens as described are part of the core system
and not an add-on module. MonsterWorks expects an interface with the
Michigan.gov/MiProcurement
117
State's Unemployment system. If a participant is a UI beneficiary,
system users with the appropriate permissions will see detailed claim
information, RESEA status, and possible qualification or disqualification
information. TAA/TRA data originating in a UI system will flow into the
system's TAA screens.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
111
The system should offer a method to auto assign a psuedo
social security number if a customer refuses to provide his/her
social security number.
Y
MonsterWorks assigns customers a unique identifier, which is used in
the event a Social Security Number is not provided.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
112
The system should have a method for local area users to view
unemployment insurance claim data for customers impacted
by trade, specifically including the Trade Readjustment
Allowance.
Y
MonsterWorks is built using an open architecture and supports batch
and real-time data exchanges over secure connections. We understand
that every state implementation could be slightly different. Our system
is architected to easily adapt to the required modification and can
efficiently implement data exchanges.
MonsterWorks can interface with the State of Michigan unemployment
insurance system to pull in
and display claimant data for customers
impacted by trade including Trade Readjustment Allowance. Contractor
looks forward to the opportunity to engage with the appropriate State
stakeholders to implement this interface.
This functionality is part of the M
onsterWorks core solution and not
subject to an additional cost.
113
The system should calculate and display the dates associated
with Measurable Skill Gains (numerator and denominator).
Y
MonsterWorks calculates data related to Measurable Skill Gains in a
manner consistent with the requirement.
The system’s "Test Res
ults" contains the fields necessary to record
TABE, CASAS, and assessment results. The system includes a
standard crosswalk to take assessment results and calculate
Educational Functioning Level (EFL) to help identify skill gains. The
system includes the a
bility to enter multiple test results and track
progress of participants with the ability to identify skill gains.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
Michigan.gov/MiProcurement
118
114
The system should offer an option for local areas to run
"predictive" performance measure reports, including draft
Employment and Training Administration's federal 9169 and
9173 reports, offering them a method to review reports for the
upcoming quarter.
Y
The system’s ad hoc reporting tool, SAP BusinessObjects, can be
configured to allow local area staff to run performance measure reports
in the middle of the quarter to measure their progress. Access to
previous reports can provide staff with insight into trends that will inform
performance management.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
115
The system should offer the ability to run static performance
measure reports to identify participants that are currently not
meeting performance measures.
Y
MonsterWorks includes a "canned" report showing program
performance and containing a drilldown showing participant progress
against performance goals.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
116
The system should offer the ability for administrators to
troubleshoot participant level performance measure data.
Y
MonsterWorks allows administrators to troubleshoot data errors related
to participants’ performance highlighted in the PIRL report. In addition
to the front-
end data validation, the system offers backend data
governance and validates all PIRL data elements and their logical
relationships to produce a list of elements that failed validation with a
clear description of the errors or warnings in accordance with DOL
WIPS rules.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
117
The system should capture all necessary data elements to
calculate and submit data for federal reporting for the Adult
Education (Title II) program.
Y
MonsterWorks captures all necessary data elements to calculate and
submit data for federal reporting for the Adult Education WIOA -
Statewide and Local Performance Report (Title II) program.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
118
The system should have integrated help desk functionality or
can be interfaced with Commercial Off The Shelf help desk
applications.
Y
Contractor provides users with robust online help that includes hover
over, pop-up alerts, and FAQs. We use proactive monitoring, problem
escalation procedures, and offer technical support (Tier 2) for the
system. System Administrators are provided a toll-free number to call
when support is needed. As calls are received by the Help Desk, all
contacts are: 1) logged into the Help Desk system, 2) a support ticket
Michigan.gov/MiProcurement
119
tracking number and resolution purposes is provided to customers, and
3) as the issue is worked on and the status changes, updates are
provided on each reported issue.
We employ a problem escalation procedure so that all problems are
escalated to operational and management personnel on a priority basis,
depending upon the p
roblem severity. Should a problem arise, the
State shall submit a problem report to the Contractor Help Desk either
by telephone or email, that includes: 1) A problem description; 2) the
circumstances under which the problem occurred; including examples.
We use a state-of-the-art call center, telephony, and software to ensure
accurate and timely receipt, logging, tracking, and issue escalation.
Hours of availability are from 8AM to 8PM EST Monday through Friday,
excluding federal holidays. Our built-in escalation process is designed
to address any software problem a user may encounter. Support
beyond core hours includes the ability to submit emails or to contact the
assigned Project Manager and/or Account Manager.
This functionality is part of the Monst
erWorks core solution and not
subject to an additional cost.
119
Each data field in the system should offer a tooltip with a
customizable definition of the data field.
Y
As referenced in requirement #23, MonsterWorks has a comprehensive
and integrated tool tip help for data fields that is a current capability.
Data fields in the system currently have definitions where applicable.
Contractor welcomes an
opportunity to separately scope and price
specific customizable content and definitions specifically tailored to
meet Michigan’s needs upon Contract Award.
120
State and local level should have access to globally search
the system by searching all screens, data fields and data field
values.
Y
MonsterWorks contains a robust search feature that powers a variety of
searches for participant, employer, training provider, and staff data.
Searches can be exact matches and also “soundalike” for strings.
Search results can be sorted and filtered in valuable and useful ways.
Contractor can work with the State of Michigan to identify additional data
fields that are required as part of the system search.
This functionality is part of the MonsterWorks core so
lution and not
subject to an additional cost.
Michigan.gov/MiProcurement
120
121
The system should offer the ability to view and schedule
tasks, appointments, events, meetings and workshops, with
the ability to link to individual customers.
Y
MonsterWorks provides the ability to view and schedule tasks,
appointments, events, meetings, and workshops, with the ability to link
to individual customers.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
122
The system should offer alerts and reminders on action items.
Y
MonsterWorks provides prominent prompts when alerts are waiting for
a user to view.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
123
The system should offer a method for State Administrators to
configure allowable timeframes of activity end dates.
Y
MonsterWorks allows System Administrators to set a maximum
duration for services in the system, such as TAA training activity.
124
The system should notify local area staff of scheduled and
missed appointments.
Y
MonsterWorks provides properly-permissioned users with the ability to
schedule and track appointments via the system's intuitive user
interface. The system notifies staff of upcoming even
ts, including
appointments. Missed events are covered under negative activities.
This functionality is part of the MonsterWorks core solution and not
subject to an additional cost.
125
When internet is not available, data can be entered into a
registration. When the device is connected to the network, this
data will be uploaded to the system. Ex: Migrant and Seasonal
Farmworker registrations in the field.
Y
MonsterWorks contains a feature that allows for the bulk uploading of
registration
data. This allows staff operating in the field and without
internet to capture registrations offline in a .csv template (using Excel or
Numbers or any other .csv-
editing application) and then upload into
MonsterWorks when connectivity is available again.
126
System should automatically notify the appropriate staff
member when a referral is added for a Veteran.
Y
MonsterWorks notifies Veteran staff via system alert when a referral is
added for a Veteran customer.
Michigan.gov/MiProcurement
121
Schedule B - Pricing
Table A - Subscription License Model
Subscription Based
- Product Name
Annual License
Subscription Fee
(Price per user)
Annual Tiered
Pricing
Annual Enterprise Licensing – Unlimited Number
of Users
MonsterWorks Case
Management
N/A
N/A
Year 2-Partial*
$277,305.00
MonsterWorks Case
Management
Years 3-10*
$1,341,009.00
*Licensing Fees to be paid monthly to correspond with any service credits.
Licensing and Hosting costs will be paid after installation, configuration, and State testing and acceptance of the Solution.
Implementation Fees. All costs associated with Implementation Services are included below (e.g. configuration,
customization, migration, integration, testing, etc.) (the “Implementation Fees”). All costs are firm fixed.
Configuration. Configuration costs include a Contractor Project Manager (key) and a Contractor Security Officer
(key), accessibility audits, environment configuration, environment hosting, database configuration and partitioning,
and code development/deployment.
Customization. Customization costs include modifications to the Solution's underlying source code, which will be
completed as part of the initial implementation, all configuration changes or customization modifications to meet or
exceed Michigan requirements, system enhancement to meet Michigan Optional requirements, and any branding or
white labeling required.
Integration. Integration costs include defining, implementing, testing, and deploying data integration between
MonsterWorks and Michigan defined data sources and end points.
Migration. Migration costs include all costs related to mapping the data, data scripting, data conversion, data testing,
dry-runs, and final cutover.
Michigan.gov/MiProcurement
122
Training. Training costs include a full-time Training Specialist, customization of training materials, and customization
of computer-based training.
MonsterWorks Case Management
Configuration
$ 1,746,018.00
Customization
$ 349,344.00
Integration
$ 561,029.00
Migration
$ 872,621.00
Training
$ 492,000.00
Optional Items
$ 325,798.00
Total
$ 4,346,810.00
Payment Schedule – MonsterWorks
Milestone
Completion Date
Amount of Payment
Requirements and Design
Validation
Execution + 90
calendar days
$434,681.00
Provision Environments
Execution + 180
calendar days
$434,681.00
Installation and Configuration of
Software
Execution + 270
calendar days
$434,681.00
Testing and Acceptance
Execution+300
calendar days
$434,681.00
Data Migration
Execution + 450
$434,681.00
Production
Execution + 540
calendar days
$1,304,043.00
Postproduction Warranty
Production + 90
calendar days
$869,362.00
Total
$4,346,810.00
Annual Pricing Breakdown –
Michigan.gov/MiProcurement
123
MonsterWorks
Case Management
Subscription
Optional
Req #96
Optional
Req #104
Optional
Req #109
Optional
Req #119
Optional
Req #123
Total
Implementation
$4,021,012.00
$92,170.00
$27,197.00
$27,197.00
$54,472.00
$124,762.00
$4,346,810.00
Year 2
$251,408.00
$8,374.00
$2,040.00
$2,040.00
$4,086.00
$9,357.00
$277,305.00
Year 3
$1,290,677.00
$15,287.00
$4,080.00
$4,080.00
$8,171.00
$18,714.00
$1,341,009.00
Year 4
$1,290,677.00
$15,287.00
$4,080.00
$4,080.00
$8,171.00
$18,714.00
$1,341,009.00
Year 5
$1,290,677.00
$15,287.00
$4,080.00
$4,080.00
$8,171.00
$18,714.00
$1,341,009.00
Year 6
(Optional)
$1,290,677.00
$15,287.00
$4,080.00
$4,080.00
$8,171.00
$18,714.00
$1,341,009.00
Year 7
(Optional
$1,290,677.00
$15,287.00
$4,080.00
$4,080.00
$8,171.00
$18,714.00
$1,341,009.00
Year 8
(Optional
$1,290,677.00
$15,287.00
$4,080.00
$4,080.00
$8,171.00
$18,714.00
$1,341,009.00
Year 9
(Optional)
$1,290,677.00
$15,287.00
$4,080.00
$4,080.00
$8,171.00
$18,714.00
$1,341,009.00
Year 10
(Optional)
$1,290,677.00
$15,287.00
$4,080.00
$4,080.00
$8,171.00
$18,714.00
$1,341,009.00
Postproduction Warranty. The Contractor must provide a 90 calendar days postproduction warranty at no cost to the
State. The postproduction warranty will meet all requirements of the contract, including all Support Services identified in
Schedule D.
Rate Card for Ancillary Professional Services.
Resource
On-Site Hourly
Rate
Off-Site Hourly
Rate
Monster
GSA
Schedule
Administrative Support
$57.89
$64.32
$64.32
Michigan.gov/MiProcurement
124
Resource
On-Site Hourly
Rate
Off-Site Hourly
Rate
Monster
GSA
Schedule
Application Engineer/Integration
Specialist
$151.20
$168.00
$168.00
Business Analyst
$116.64
$129.60
$129.60
Creative Lead
$98.50
$109.44
$109.44
Developer
$116.64
$129.60
$129.60
Documentation Technical Writer
$95.04
$105.60
$105.60
HR Specialist
$151.20
$168.00
$168.00
Information Architect
$103.68
$115.20
$115.20
Product Analyst
$103.68
$115.20
$115.20
Project Director/Account Supervisor
$151.20
$168.00
$168.00
Project Manager
$151.20
$168.00
$168.00
Security Analyst
$151.20
$168.00
$168.00
Security Engineer
$151.20
$168.00
$168.00
Senior Developer
$151.20
$168.00
$168.00
Senior Systems Engineer
$151.20
$168.00
$168.00
Systems Analyst
$116.64
$129.60
$129.60
Technical Support
$95.04
$105.60
$105.60
Training Specialist
$117.51
$130.56
$130.56
This will be utilized for any State legislated programs that may need to be added in the future during the Contract Term.
Open Source or Third Party Products
Contractor has identified the following open source or third-party products that include a separate licensing fee and will be
used in connection with the proposed Solution. The following product is included in the implementation price or the
Enterprise license annual subscription price.
Michigan.gov/MiProcurement
125
Product
Years 2-5
Annual
Years 6-10
Annual
Total
Atlassian/Confluence
$16,154.00
$17,668.00
$152,956.00
Additional Pricing Terms
Contractor understands if it reduces its prices, or offers a lower price to any other entity, private or public, for any of the
software or services during the term of this Contract, the State shall have the immediate benefit of such lower prices for
new purchases. Monster shall send notice to the State’s Contract Administrator with the reduced prices within fifteen (15)
business days of the reduction taking effect.
Travel and Expenses
The State does not pay for overtime or travel expenses.
Optionally Priced Items
Table 1. MonsterWorks Case Management Optional Items
# Business Specification Implementation
Year 2
Subscription
Annual
Subscription
90
The system should use intelligence with matching
potential training programs with customer's
educational goals.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
93
The system should default to the English language,
with an option for users to change to several language
options.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
94
The system should allow local area administrators the
ability to make optional fields required for their local
area.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
95
The system should automatically adapt to different
size tablets and mobile devices.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
96
The system should have a method to produce mass
outreach via email or text to notify a specified group of
customers, participants and exiters to alert them of
upcoming job fairs, training sessions, and other follow
$92,170.00 $8,374.00 $15,287.00
Michigan.gov/MiProcurement
126
# Business Specification Implementation
Year 2
Subscription
Annual
Subscription
ups, with an option for customers to opt out of each
communication method.
97
The system should offer a method for customers to
schedule appointments, register for trainings,
workshops and other required activities.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
99
The system should offer online tutorials designed for
entry level staff, which are updated with every release.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
100
The system should offer a help button to connect with
technical support.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
101
The bidder should have the ability to utilize out of state
wages for calculating WIOA performance measures
on quarterly and annual reports.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
104
The system should integrate with the Worker
Adjustment and Retraining Notification database, or
provide a replacement module.
$27,197.00 $2,040.00 $4,080.00
105
The system should include financial management
functionality.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
106
The system should provide a method for tracking
services to employers in accordance with WIOA
reporting requirements.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
107
The system should include customer relationship
management (CRM) capabilities for interactions with
employers.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
108
The system should allow for integration with other
State of Michigan data systems including, but not
limited to the Secretary of State, Department of
Corrections, Social Security Administration, and
Michigan Rehabilitation Services.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
Michigan.gov/MiProcurement
127
# Business Specification Implementation
Year 2
Subscription
Annual
Subscription
109
The system should integrate with the state's data
collection systems for WIOA Title IV, or provide a
replacement module.
$27,197.00 $2,040.00 $4,080.00
110
The bidder should describe available Unemployment
Insurance modules that may be connected to the base
case management system.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
111
The system should offer a method to auto assign a
psuedo social security number if a customer refuses to
provide his/her social security number.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
112
The system should have a method for local area users
to view unemployment insurance claim data for
customers impacted by trade, specifically including the
Trade Readjustment Allowance.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
113
The system should calculate and display the dates
associated with Measurable Skill Gains (numerator
and denominator).
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
114
The system should offer an option for local areas to
run "predictive" performance measure reports,
including draft Employment and Training
Administration's federal 9169 and 9173 reports,
offering them a method to review reports for the
upcoming quarter.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
115
The system should offer the ability to run static
performance measure reports to identify participants
that are currently not meeting performance measures.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
116
The system should offer the ability for administrators
to troubleshoot participant level performance measure
data.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
117
The system should capture all necessary data
elements to calculate and submit data for federal
reporting for the Adult Education (Title II) program.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
Michigan.gov/MiProcurement
128
# Business Specification Implementation
Year 2
Subscription
Annual
Subscription
118
The system should have integrated help desk
functionality or can be interfaced with Commercial Off
The Shelf help desk applications.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
119
Each data field in the system should offer a tooltip with
a customizable definition of the data field.
$54,472.00 $4,086.00 $8,171.00
120
State and local level should have access to globally
search the system by searching all screens, data
fields and data field values.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
121
The system should offer the ability to view and
schedule tasks, appointments, events, meetings and
workshops, with the ability to link to individual
customers.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
122
The system should offer alerts and reminders on
action items.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
123
The system should offer a method for State
Administrators to configure allowable timeframes of
activity end dates.
$124,762.00 $9,357.00 $18,714.00
124
The system should notify local area staff of scheduled
and missed appointments.
This functionality is included in the MonsterWorks Case
Management product at no additional cost.
Table 1. MonsterWorks Labor Exchange Optional Items
# Business Specification Implementation
Year 2
Subscription
Annual
Subscription
88
The system should track customer entry, including the
reason for their visit and link responses to existing
customer records.
This functionality is included in the MonsterWorks Labor
Exchange product at no additional cost.
89
The system should suggest services based on
responses to a customer's reason for their visit at
customer entry (without staff intervention).
This functionality is included in the MonsterWorks Labor
Exchange product at no additional cost.
Michigan.gov/MiProcurement
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# Business Specification Implementation
Year 2
Subscription
Annual
Subscription
91
The system should alert the local area case
manager(s) if a specific customer is physically present
in the specified location.
This functionality is included in the MonsterWorks Labor
Exchange product at no additional cost.
92
The system should alert the Case Manager if a
Veteran is physically present at the specified location.
This functionality is included in the MonsterWorks Labor
Exchange product at no additional cost.
98
The system should offer a web application or portal for
customers to interact with a Case Manager.
(MonsterWorks Participant Resource Portal)
This functionality is included in the MonsterWorks Labor
Exchange product at no additional cost.
102
…Or provide a replacement module.
(MonsterWorks Labor Exchange includes the
business requirements of the MonsterWorks
Resource Portal)
$198,846.00* $14,914.00 $29,827.00
*NOTE: No data migration costs are included in the MonsterWorks Labor Exchange system, as additional information from
the State is required in order to fully understand the scope. Therefore, Monster will work with the State to scope and price
data migration of the MonsterWorks Labor Exchange system if required.
Please note that the MonsterWorks Participant Resource Portal can be separately procured as listed in Table 3:
Table 2. MonsterWorks Participant Resource Portal Optional Items
# Business Specification Implementation
Year 2
Subscription
Annual
Subscription
88
The system should track customer entry, including the
reason for their visit and link responses to existing
customer records.
This functionality is included in the MonsterWorks Labor
Exchange and/or Participant Resource Portal at no additional
cost.
89
The system should suggest services based on
responses to a customer's reason for their visit at
customer entry (without staff intervention).
This functionality is included in the MonsterWorks Labor
Exchange and/or Participant Resource Portal at no additional
cost.
91
The system should alert the local area case
manager(s) if a specific customer is physically present
in the specified location.
This functionality is included in the MonsterWorks Labor
Exchange and/or Participant Resource Portal at no additional
cost.
Michigan.gov/MiProcurement
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# Business Specification Implementation
Year 2
Subscription
Annual
Subscription
92
The system should alert the Case Manager if a
Veteran is physically present at the specified location.
This functionality is included in the MonsterWorks Labor
Exchange and/or Participant Resource Portal at no additional
cost.
98
The system should offer a web application or portal for
customers to interact with a Case Manager.
(MonsterWorks Participant Resource Portal)
$180,763.00* $13,558.00 $27,115.00
102
The system should integrate with the state's labor
exchange system…
This functionality is included in the MonsterWorks Labor
Exchange and/or Participant Resource Portal at no additional
cost.
103
The system should access the state's labor exchange
system so the local area user can review the
customer's resume within the case management
system.
This functionality is included in the MonsterWorks Labor
Exchange and/or Participant Resource Portal at no additional
cost.
Michigan.gov/MiProcurement
131
SCHEDULE C - INSURANCE SCHEDULE
Required Coverage.
1.1 Insurance Requirements. Contractor must maintain the insurances identified
below and is responsible for all deductibles. All required insurance must: (a) protect the
State from claims that may arise out of, are alleged to arise out of, or result from
Contractor's or a Permitted Subcontractor's performance; (b) be primary and non-
contributing to any comparable liability insurance (including self-insurance) carried by
the State; and (c) be provided by a company with an A.M. Best rating of “A” or better
and a financial size of VII or better.
Insurance Type
Additional Requirements
Commercial General Liability Insurance
Minimal Limits:
$1,000,000 Each Occurrence Limit
$1,000,000 Personal & Advertising Injury Limit
$2,000,000 General Aggregate Limit
$2,000,000 Products/Completed Operations
Policy must be endorsed to add “the
State of Michigan, its departments,
divisions, agencies, offices,
commissions, officers, employees, and
agents” as additional insureds using
endorsement CG 20 10 11 85, or both
CG 20 10 12 19 and CG 20 37 12 19.
Automobile Liability Insurance
Minimal Limits:
$1,000,000 Per Occurrence
Policy must: (1) be endorsed to add
“the State of Michigan, its
departments, divisions, agencies,
offices, commissions, officers,
employees, and agents” as additional
insureds; and (2) include Hired and
Non-Owned Automobile coverage.
Workers' Compensation Insurance
Minimal Limits:
Coverage according to applicable laws
governing work activities.
Waiver of subrogation, except where
waiver is prohibited by law.
Employers Liability Insurance
Minimal Limits:
$500,000 Each Accident
$500,000 Each Employee by Disease
$500,000 Aggregate Disease.
Michigan.gov/MiProcurement
132
Insurance Type
Additional Requirements
Privacy and Security Liability (Cyber Liability) Insurance
Minimal Limits:
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate
Policy must cover information security
and privacy liability, privacy notification
costs,
regulatory defense and
penalties, and website media content
liability.
1.2 If Contractor's policy contains limits higher than the minimum limits, the State is
entitled to coverage to the extent of the higher limits. The minimum limits are not
intended and may not be construed to limit any liability or indemnity of Contractor to any
indemnified party or other persons.
1.3 If any of the required policies provide claim-made coverage, the Contractor
must: (a) provide coverage with a retroactive date before the effective date of the
contract or the beginning of contract work; (b) maintain coverage and provide evidence
of coverage for at least three (3) years after completion of the contract of work; and (c) if
coverage is canceled or not renewed, and not replaced with another claims-made policy
form with a retroactive date prior to the contract effective date, Contractor must
purchase extended reporting coverage for a minimum of three (3) years after
completion of work.
1.4 Contractor must: (a) provide insurance certificates to the Contract Administrator,
containing the agreement or purchase order number, at Contract formation and within
20 calendar days of the expiration date of the applicable policies; (b) require that
Permitted Subcontractors maintain the required insurances contained in this Section; (c)
notify the Contract Administrator within 5 business days if any insurance is cancelled;
and (d) waive all rights against the State for damages covered by insurance. Failure to
maintain the required insurance does not limit this waiver.
Non-waiver. This Insurance Schedule is not intended to and is not to be construed in any
manner to waive, restrict or limit the liability of either party for any obligations under this
Contract (including any provisions hereof requiring Contractor to indemnify, defend and
hold harmless the State).
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SCHEDULE D - SERVICE LEVEL AGREEMENT
IF THE SOFTWARE IS CONTRACTOR HOSTED, then the following applies:
1. Definitions. For purposes of this Schedule, the following terms have the meanings
set forth below. All initial capitalized terms in this Schedule that are not defined in
this Schedule shall have the respective meanings given to them in the Contract
Terms and Conditions.
“Actual Uptime” means the total minutes in the Service Period that the Hosted
Services are Available.
“Availability” has the meaning set forth in Section 3.1.
“Availability Requirement” has the meaning set forth in Section 3.1.
“Available” has the meaning set forth in Section 3.1.
“Business Hours” has the same meaning as “Support Hours”.
“Contact List” means a current list of Contractor contacts and telephone numbers set
forth in the attached Schedule D – Attachment 1 to this Schedule to enable the State
to escalate its Support Requests, including: (a) the first person to contact; and (b) the
persons in successively more qualified or experienced positions to provide the support
sought.
“Corrective Action Plan” has the meaning set forth in Section 4.6.
“Critical Service Error” has the meaning set forth in Section 4.4(a).
“Exceptions” has the meaning set forth in Section 3.2.
“High Service Error” has the meaning set forth in Section 4.4(a).
“Low Service Error” has the meaning set forth in Section 4.4(a).
“Medium Service Error” has the meaning set forth in Section 4.4(a).
“Resolve” has the meaning set forth in Section 4.4(b).
"RPO" or "Recovery Point Objective" means the maximum amount of potential data
loss in the event of a disaster.
"RTO" or "Recovery Time Objective" means the maximum period of time to fully
restore the Hosted Services in the case of a disaster.
“Scheduled Downtime” has the meaning set forth in Section 3.3.
“Scheduled Uptime” means the total minutes in the Service Period.
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“Service Availability Credits” has the meaning set forth in Section 3.6(a).
“Service Error” means any failure of any Hosted Service to be Available or otherwise
perform in accordance with this Schedule.
“Service Level Credits” has the meaning set forth in Section 4.5.
“Service Level Failure” means a failure to perform the Software Support Services
fully in compliance with the Support Service Level Requirements.
“Service Period” has the meaning set forth in Section 3.1.
“Software Support Services” has the meaning set forth in Section 4.
“State Systems” means the information technology infrastructure, including the
computers, software, databases, electronic systems (including database management
systems) and networks, of the State or any of its designees.
“Support Hours” means 8 am to 6 pm ET Monday through Friday, excluding State
Holidays.
“Support Request” has the meaning set forth in Section 4.4(a).
“Support Service Level Requirements” has the meaning set forth in Section 4.4.
2. Service Availability and Service Availability Credits.
2.1 Availability Requirement. Contractor will make the Hosted Services and
Software Available, as measured over the course of each calendar month during the
Term and any additional periods during which Contractor does or is required to
perform any Hosted Services (each such calendar month, a “Service Period”), at
least 99.00 of the time, excluding only the time the Hosted Services are not
Available solely as a result of one or more Exceptions (the “Availability
Requirement”). “Available” means the Hosted Services and Software are available
and operable for access and use by the State and its Authorized Users over the
Internet in material conformity with the Contract. “Availability” has a correlative
meaning. The Hosted Services and Software are not considered Available in the
event of a material performance degradation or inoperability of the Hosted Services
and Software, in whole or in part. The Availability Requirement will be calculated for
the Service Period as follows: (Actual Uptime – Total Minutes in Service Period
Hosted Services or Software are not Available Due to an Exception) ÷ (Scheduled
Uptime – Total Minutes in Service Period Hosted Services or Software are not
Available Due to an Exception) x 100 = Availability.
2.2 Exceptions. No period of Hosted Services degradation or inoperability will
be included in calculating Availability to the extent that such downtime or
degradation is due to any of the following (“Exceptions”):
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(a) Failures of the State’s or its Authorized Users’ internet connectivity;
(b) Scheduled Downtime as set forth in Section 3.3.
(c) Any State or other third party data source which is not directly or indirectly
supported by Monster’s infrastructure including but not limited to SWIS,
MIBridges, or MI Unemployment.
2.3 Scheduled Downtime. Contractor must notify the State at least twenty-four
(24) hours in advance of all scheduled outages of the Hosted Services or Software
in whole or in part (“Scheduled Downtime”). All such scheduled outages will: (a)
last no longer than five (5) hours; (b) be scheduled between the hours of 12:00 a.m.
and 5:00 a.m., Eastern Time; and (c) occur no more frequently than once per week;
provided that Contractor may request the State to approve extensions of Scheduled
Downtime above five (5) hours, and such approval by the State may not be
unreasonably withheld or delayed.
2.4 Software Response Time. Software response time, defined as the interval
from the time the end user sends a transaction to the time a visual confirmation of
transaction completion is received minus the roundtrip response latency between
Monster hosted solutions and the end user device, must be less than two (2)
seconds for 98% of all transactions. Unacceptable response times shall be
considered to make the Software unavailable and will count against the Availability
Requirement.
2.5 Service Availability Reports. Within thirty (30) days after the end of each
Service Period, Contractor will provide to the State a report describing the
Availability and other performance of the Hosted Services and Software during that
calendar month as compared to the Availability Requirement. The report must be in
electronic or such other form as the State may approve in writing and shall include,
at a minimum: (a) the actual performance of the Hosted Services and Software
relative to the Availability Requirement; and (b) if Hosted Service performance has
failed in any respect to meet or exceed the Availability Requirement during the
reporting period, a description in sufficient detail to inform the State of the cause of
such failure and the corrective actions the Contractor has taken and will take to
ensure that the Availability Requirement are fully met.
2.6 Remedies for Service Availability Failures.
(a) If the actual Availability of the Hosted Services and Software is less
than the Availability Requirement for any Service Period, such failure will
constitute a Service Error for which Contractor will issue to the State the following
credits on the fees payable for Hosted Services and Software provided during the
Service Period (“Service Availability Credits”):
Availability
Credit of Fees
≥99.00%
None
<99.0% but ≥ 98.5%
10%
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<98.5% but ≥98.0%
20%
<98.0% but ≥90.0%
40%
<90.0%
100%
(b) Any Service Availability Credits due under this Section 3.6 will be
applied in accordance with payment terms of the Contract. When a Service
Availability Credit or Service Level Credit may both apply, the State will only
select the option that yields the highest percentage credit value but not both.
(c) If the actual Availability of the Hosted Services and Software is less
than the Availability Requirement in any two (2) of four (4) consecutive Service
Periods, then, in addition to all other remedies available to the State, the State
may terminate the Contract on written notice to Contractor with no liability,
obligation or penalty to the State by reason of such termination.
3. Support and Maintenance Services. Contractor will provide IT Environment
Service and Software maintenance and support services (collectively, “Software
Support Services”) in accordance with the provisions of this Section 4. The Software
Support Services are included in the Services, and Contractor may not assess any
additional fees, costs or charges for such Software Support Services.
3.1 Support Service Responsibilities. Contractor will:
(a) correct all Service Errors in accordance with the Support Service
Level Requirements, including by providing defect repair, programming
corrections and remedial programming;
(b) provide unlimited telephone support 8 am to 6 pm ET Monday
through Friday, excluding State Holidays.
(c) provide unlimited online support 24 hours a day, seven days a
week;
(d) provide online access to technical support bulletins and other user
support information and forums, to the full extent Contractor makes such
resources available to its other customers; and
(e) respond to and Resolve Support Requests as specified in this
Section 4
3.2 Service Monitoring and Management. Contractor will continuously monitor
and manage the Hosted Services and Software to optimize Availability that meets or
exceeds the Availability Requirement. Such monitoring and management includes:
(a) proactively monitoring on a twenty-four (24) hour by seven (7) day
basis all Hosted Service functions, servers, firewall and other components of
Hosted Service security;
(b) if such monitoring identifies, or Contractor otherwise becomes
aware of, any circumstance that is reasonably likely to threaten the Availability of
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the Hosted Service, taking all necessary and reasonable remedial measures to
promptly eliminate such threat and ensure full Availability; and
(c) if Contractor receives knowledge that the Hosted Service or any
Hosted Service function or component is not Available (including by written
notice from the State pursuant to the procedures set forth herein):
(i) confirming (or disconfirming) the outage by a direct check of the
associated facility or facilities;
(ii) If Contractor’s facility check in accordance with clause (i) above
confirms a Hosted Service outage in whole or in part: (A)
notifying the State in writing pursuant to the procedures set forth
herein that an outage has occurred, providing such details as
may be available, including a Contractor trouble ticket number, if
appropriate, and time of outage; and (B) working all problems
causing and caused by the outage until they are Resolved as
Critical Service Errors in accordance with the Support Request
Classification set forth in Section 4.4, or, if determined to be an
internet provider problem, open a trouble ticket with the internet
provider; and
(iii) Notifying the State that Contractor has fully corrected the outage
and any related problems, along with any pertinent findings or
action taken to close the trouble ticket.
3.3 Service Maintenance. Contractor will continuously maintain the Hosted
Services and Software to optimize Availability that meets or exceeds the Availability
Requirement. Such maintenance services include providing to the State and its
Authorized Users:
(a) all updates, bug fixes, enhancements, Maintenance Releases, New
Versions and other improvements to the Hosted Services and Software, including
the Software, that Contractor provides at no additional charge to its other
similarly situated customers; provided that Contractor shall consult with the State
and is required to receive State approval prior to modifying or upgrading Hosted
Services and Software, including Maintenance Releases and New Versions of
Software; and
(b) all such services and repairs as are required to maintain the Hosted
Services and Software or are ancillary, necessary or otherwise related to the
State’s or its Authorized Users’ access to or use of the Hosted Services and
Software, so that the Hosted Services and Software operate properly in
accordance with the Contract and this Schedule.
3.4 Support Service Level Requirements. Contractor will correct all Service
Errors and respond to and Resolve all Support Requests in accordance with the
required times and other terms and conditions set forth in this Section 4.4 (“Support
Service Level Requirements”), and the Contract.
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3.5 Support Requests. The State will classify its requests for Service Error
corrections in accordance with the descriptions set forth in the chart below (each a
“Support Request”). The State will notify Contractor of Support Requests by email,
telephone or such other means as the parties may hereafter agree to in writing.
Support Request Classification is mutually agreed upon by both parties.
Support Request Classification
Description:
Any Service Error Comprising or
Causing any of the Following
Events or Effects
Critical Service Error
• Issue affecting entire
system or single critical
production function;
• System down or
operating in materially
degraded state;
• Data integrity at risk;
• Declared a Critical
Support Request by the
State; or
• Widespread access
interruptions.
High Service Error
• Primary component
failure that materially
impairs its performance;
or
• Data entry or access is
materially impaired on a
limited basis.
Medium Service Error
• IT Environment Services
and Software is
operating with minor
issues that can be
addressed with an
acceptable (as
determined by the State)
temporary work around.
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Low Service Error
• Request for assistance,
information, or services
that are routine in
nature.
3.6 Response and Resolution Time Service Levels. Response and
Resolution times will be measured from the time Contractor receives a Support
Request until the respective times Contractor has (i) responded to, in the case of
response time and (ii) Resolved such Support Request, in the case of Resolution
time. “Resolve” (including “Resolved”, “Resolution” and correlative capitalized
terms) means that, as to any Service Error, Contractor has provided the State the
corresponding Service Error correction and the State has confirmed such correction
and its acceptance thereof. Contractor will respond to and Resolve all Service Errors
within the following times based on the severity of the Service Error:
“Resolution may include a mutually-acceptable workaround while a full resolution is
being prepared.”
Support
Request
Classificatio
n
Service
Level Metric
(Required
Response
Time)
Service
Level Metric
(Required
Resolution
Time)
Service Level
Credits
(For Failure to
Respond to any
Support
Request Within
the
Corresponding
Response Time)
Service Level
Credits
(For Failure to
Resolve any
Support Request
Within the
Corresponding
Required
Resolution Time)
Critical
Service Error
One (1)
Business
Hour
Four (4)
Business
Hours
Five percent
(5%) of the Fees
for the month in
which the initial
Service Level
Failure begins
and five percent
(5%) of such
monthly Fees for
each additional
hour or portion
thereof that the
corresponding
Service Error is
Five percent (5%)
of the Fees for the
month in which
the initial Service
Level Failure
begins and five
percent (5%) of
such monthly
Fees for each
additional hour or
portion thereof
that the
corresponding
Service Error
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not responded to
within the
required
response time.
remains un-
Resolved.
High Service
Error
One (1)
Business
Hour
Twenty (20)
Business
Hours
Three percent
(3%) of the Fees
for the month in
which the initial
Service Level
Failure begins
and three
percent (3%) of
such monthly
Fees for each
additional hour or
portion thereof
that the
corresponding
Service Error is
not responded to
within the
required
response time.
Three percent
(3%) of the Fees
for the month in
which the initial
Service Level
Failure begins
and three percent
(3%) of such
monthly Fees for
each additional
period of the
metric that the
corresponding
Service Error
remains un-
Resolved.
Medium
Service Error
Three (3)
Business
Hours
Twenty (20)
Business
Days
Twenty days
is the
Maximum and
is in line with
Contractor’s
normal
release cycle
N/A
N/A
Low Service
Error
Three (3)
Business
Hours
Twenty (20)
Business
Days
Twenty days
is the
N/A
N/A
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Maximum and
is in line with
Contractor’s
normal
release cycle
3.7 Escalation. With respect to any Critical Service Error Support Request,
until such Support Request is Resolved, Contractor will escalate that Support
Request within sixty (60) minutes of the receipt of such Support Request by the
appropriate Contractor support personnel, including, as applicable, the Contractor
Project Manager and Contractor’s management or engineering personnel, as
appropriate.
3.8 Support Service Level Credits. Failure to achieve any of the Support
Service Level Requirements for Critical and High Service Errors will constitute a
Service Level Failure for which Contractor will issue to the State the corresponding
service credits set forth in Section 3.6 (“Response and Resolution Time Service
Levels”) in accordance with payment terms set forth in the Contract. When a
Service Availability Credit or Service Level Credit may both apply, the State will only
select the option that yields the highest percentage credit value but not both.
3.9 Corrective Action Plan. If two or more Critical Service Errors occur in any
thirty (30) day period during (a) the Term or (b) any additional periods during which
Contractor does or is required to perform any Hosted Services, Contractor will
promptly investigate the root causes of these Service Errors and provide to the State
within five (5) Business Days of its receipt of notice of the second such Support
Request an analysis of such root causes and a proposed written corrective action
plan for the State’s review, comment and approval, which, subject to and upon the
State’s written approval, shall be a part of, and by this reference is incorporated in,
the Contract as the parties’ corrective action plan (the “Corrective Action Plan”).
The Corrective Action Plan must include, at a minimum: (a) Contractor’s
commitment to the State to devote the appropriate time, skilled personnel, systems
support and equipment and other resources necessary to Resolve and prevent any
further occurrences of the Service Errors giving rise to such Support Requests; (b) a
strategy for developing any programming, software updates, fixes, patches, etc.
necessary to remedy, and prevent any further occurrences of, such Service Errors;
and (c) time frames for implementing the Corrective Action Plan. There will be no
additional charge for Contractor’s preparation or implementation of the Corrective
Action Plan in the time frames and manner set forth therein.
4. Data Storage, Backup, Restoration and Disaster Recovery. Contractor must
maintain or cause to be maintained backup redundancy and disaster avoidance and
recovery procedures designed to safeguard State Data and the State’s other
Confidential Information, Contractor’s Processing capability and the availability of the IT
Environment Services and Software, in each case throughout the Term and at all times
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in connection with its actual or required performance of the Services hereunder. All
backed up State Data shall be located in the continental United States. The force
majeure provisions of this Contract do not limit Contractor’s obligations under this
section.
4.1 Data Storage. Contractor will provide sufficient storage capacity to meet
the needs of the State at no additional cost.
4.2 Data Backup. Contractor will conduct, or cause to be conducted, daily
back-ups of State Data and perform, or cause to be performed, other periodic offline
back-ups of State Data on at least a weekly basis and store and retain such back-
ups as specified in Schedule A. Contractor must, within five (5) Business Days of
the State’s request, provide the State, without charge and without any conditions or
contingencies whatsoever (including but not limited to the payment of any fees due
to Contractor), an extract of State Data in the same format used for used for any
daily extracts.
4.3 Data Restoration. If the data restoration is required due to the actions or
inactions of the Contractor or its subcontractors, Contractor will promptly notify the
State and complete actions required to restore service to normal production
operation. If requested, Contractor will restore data from a backup upon written
notice from the State. Contractor will restore the data within one (1) Business Day of
the State’s request. Contractor will provide data restorations at its sole cost and
expense.
Disaster Recovery. Throughout the Term and at all times in connection with its actual or
required performance of the Services, Contractor will maintain and operate a backup and
disaster recovery plan to achieve a Recovery Point Objective (RPO) of last committed
transaction, and a Recovery Time Objective (RTO) of 8 hours (the “DR Plan”), and
implement such DR Plan in the event of any unplanned interruption of the Hosted
Services. Contractor’s current DR Plan, revision history, and any reports or summaries
relating to past testing of or pursuant to the DR Plan are attached as Schedule F.
Contractor will actively test, review and update the DR Plan on at least an annual basis
using industry best practices as guidance. Contractor will provide the State with copies
of all such updates to the Plan within fifteen (15) days of its adoption by Contractor. All
updates to the DR Plan are subject to the requirements of this Section 6; and provide the
State with copies of all reports resulting from any testing of or pursuant to the DR Plan
promptly after Contractor’s receipt or preparation. If Contractor fails to reinstate all
material Hosted Services and Software within the periods of time set forth in the DR Plan,
the State may, in addition to any other remedies available under this Contract, in its sole
discretion, immediately terminate this Contract as a non-curable default
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SCHEDULE E – DATA SECURITY REQUIREMENTS
1. Definitions. For purposes of this Schedule, the following terms have the meanings
set forth below. All initial capitalized terms in this Schedule that are not defined in this
Schedule shall have the respective meanings given to them in the Contract.
“Contractor Security Officer” has the meaning set forth in Section 2 of this Schedule.
“FedRAMP” means the Federal Risk and Authorization Management Program, which is
a federally approved risk management program that provides a standardized approach
for assessing and monitoring the security of cloud products and services.
“FISMA” means The Federal Information Security Modernization Act of 2014 (Pub.L.
No. 113-283 (Dec. 18, 2014.).
“Hosting Provider” means any Permitted Subcontractor that is providing any or all of
the Hosted Services under this Contract.
“NIST” means the National Institute of Standards and Technology.
“PCI” means the Payment Card Industry.
“PSP” or “PSPs” means the State’s IT Policies, Standards and Procedures.
“SSAE” means Statement on Standards for Attestation Engagements.
“Security Accreditation Process” has the meaning set forth in Section 6 of this
Schedule
2. Security Officer. Contractor will appoint a Contractor employee to respond to the
State’s inquiries regarding the security of the Hosted Services who has sufficient
knowledge of the security of the Hosted Services and the authority to act on behalf of
Contractor in matters pertaining thereto (“Contractor Security Officer”).
3. Contractor Responsibilities. Contractor is responsible for establishing and
maintaining a data privacy and information security program, including physical,
technical, administrative, and organizational safeguards, that is designed to:
(a) ensure the security and confidentiality of the State Data;
(b) protect against any anticipated threats or hazards to the security or integrity
of the State Data;
(c) protect against unauthorized disclosure, access to, or use of the State Data;
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(d) ensure the proper disposal of any State Data in Contractor’s or its
subcontractor’s possession; and
(e) ensure that all Contractor Representatives comply with the foregoing.
The State has established Information Technology (IT) PSPs to protect IT resources
under the authority outlined in the overarching State 1305.00 Enterprise IT Policy. In no
case will the safeguards of Contractor’s data privacy and information security program
be less stringent than the safeguards used by the State, and Contractor must at all
times comply with all applicable public and non-public State IT policies and standards,
of which the publicly available ones are at https://www.michigan.gov/dtmb/0,5552,7-
358-82547_56579_56755---,00.html.
This responsibility also extends to all service providers and subcontractors with access
to State Data or an ability to impact the contracted solution. Contractor responsibilities
are determined from the PSPs based on the services being provided to the State, the
type of IT solution, and the applicable laws and regulations.
4. Acceptable Use Policy. To the extent that Contractor has access to the State’s
IT environment, Contractor must comply with the State’s Acceptable Use Policy, see
https://www.michigan.gov/documents/dtmb/1340.00.01_Acceptable_Use_of_Informati
on_Technology_Standard_458958_7.pdf. All Contractor Personnel will be required, in
writing, to agree to the State’s Acceptable Use Policy before accessing State systems.
The State reserves the right to terminate Contractor’s and/or subcontractor(s) or any
Contractor Personnel’s access to State systems if the State determines a violation has
occurred.
5. Protection of State’s Information. Throughout the Term and at all times in
connection with its actual or required performance of the Services, Contractor will:
5.1 If Hosted Services are provided by a Hosting Provider, ensure each
Hosting Provider maintains FedRAMP authorization (or SOC 2 Type II audits for Co-
Location only providers) for all Hosted Services environments throughout the Term,
and in the event a Hosting Provider is unable to maintain FedRAMP authorization (or
SOC 2 Type II audits for Co-Location only providers), the State, at its sole discretion,
may either a) require the Contractor to move the Software and State Data to an
alternative Hosting Provider selected and approved by the State at Contractor’s sole
cost and expense without any increase in Fees, or b) immediately terminate this
Contract for cause pursuant to Section 15.1 of the Contract;
5.2 for Hosted Services provided by the Contractor, maintain either a
FedRAMP authorization or an annual SSAE 18 SOC 2 Type II audit based on State
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required NIST Special Publication 800-53 MOD Controls using identified controls
and minimum values as established in applicable State PSPs.
5.3 ensure that the Work Product Software and State Data is securely stored,
hosted, supported, administered, accessed, developed and backed up in the
continental United States, and the data center(s) in which State Data resides
minimally meets Uptime Institute Tier 3 standards (www.uptimeinstitute.com), or its
equivalent;
5.4 maintain and enforce an information security program including safety and
physical and technical security policies and procedures with respect to its
Processing of the State Data that complies with the requirements of the State’s data
security policies as set forth in this Contract, and must, at a minimum, remain
compliant with FISMA and NIST Special Publication 800-53 MOD Controls using
identified controls and minimum values as established in applicable State PSPs;
5.5 provide technical and organizational safeguards against accidental,
unlawful or unauthorized access to or use, destruction, loss, alteration, disclosure,
encryption, transfer, commingling or processing of such information that ensure a
level of security appropriate to the risks presented by the processing of State Data
and the nature of such State Data, consistent with best industry practice and
applicable standards (including, but not limited to, compliance with FISMA, NIST,
CMS, IRS, FBI, SSA, HIPAA, FERPA and PCI requirements as applicable);
5.6 take all reasonable measures to:
(a) secure and defend all locations, equipment, systems and other
materials and facilities employed in connection with the Services against
“malicious actors” and others who may seek, without authorization, to destroy,
disrupt, damage, encrypt, modify, copy, access or otherwise use Hosted
Services or the information found therein; and
(b) prevent (i) the State and its Authorized Users from having access to
the data of other customers or such other customer’s users of the Services; (ii)
State Data from being commingled with or contaminated by the data of other
customers or their users of the Services; and (iii) unauthorized access to any of
the State Data;
5.7 ensure that State Data is encrypted in transit and at rest using FIPS
validated AES encryption modules and a key size of 128 bits or higher;
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5.8 ensure the Hosted Services support Identity Federation/Single Sign-on
(SSO) capabilities using Security Assertion Markup Language (SAML), Open
Authentication (OAuth) or comparable State approved mechanisms;
5.9 ensure the Hosted Services implements NIST compliant multi-factor
authentication for privileged/administrative and other identified access.
6. Security Accreditation Process. Throughout the Term, Contractor will assist the
State, at no additional cost, with its Security Accreditation Process, which includes
the development, completion and on-going maintenance of a system security plan
(SSP) using the State’s automated governance, risk and compliance (GRC) platform,
which requires Contractor to submit evidence, upon request from the State, in order to
validate Contractor’s security controls within two weeks of the State’s request. On an
annual basis, or as otherwise required by the State such as for significant changes, re-
assessment of the system’s controls will be required to receive and maintain authority
to operate (ATO). All identified risks from the SSP will be remediated through a Plan of
Action and Milestones (POAM) process with remediation time frames based on the
risk level of the identified risk. For all findings associated with the Contractor’s
solution, at no additional cost, Contractor will be required to create or assist with the
creation of State approved POAMs and perform related remediation activities. The
State will make any decisions on acceptable risk, Contractor may request risk
acceptance, supported by compensating controls, however only the State may
formally accept risk. Failure to comply with this section will be deemed a material
breach of the Contract.
7. Unauthorized Access. Contractor may not access, and shall not permit any
access to, State systems, in whole or in part, whether through the Hosted Services or
otherwise, without the State’s express prior written authorization. Such authorization
may be revoked by the State in writing at any time in its sole discretion. Any access to
State systems must be solely in accordance with the Contract and this Schedule, and
in no case exceed the scope of the State’s authorization pursuant to this Section. All
State-authorized connectivity or attempted connectivity to State systems shall be only
through the State’s security gateways and firewalls and in compliance with the State’s
security policies set forth in the Contract as the same may be supplemented or
amended by the State and provided to Contractor from time to time.
8. Security Audits.
8.1 During the Term, Contractor will maintain complete and accurate records
of its data protection practices, IT security controls, and the security logs relating to
State Data, including but not limited to any backup, disaster recovery or other
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policies, practices or procedures relating to the State Data and any other information
relevant to its compliance with this Contract.
8.2 Without limiting any other audit rights of the State, the State has the right
to review Contractor’s data privacy and information security program prior to the
commencement of Services and from time to time during the term of this Contract.
The State, at its own expense, is entitled to perform, or to have performed, an on-
site audit of Contractor’s data privacy and information security program. If the State
chooses to perform an on-site audit, Contractor will, make all such records,
appropriate personnel and relevant materials available during normal business hours
for inspection and audit by the State or an independent data security expert that is
reasonably acceptable to Contractor, provided that the State: (i) gives Contractor at
least five (5) Business Days prior notice of any such audit; (ii) undertakes such audit
no more than once per calendar year, except for good cause shown; and (iii)
conducts or causes to be conducted such audit in a manner designed to minimize
disruption of Contractor’s normal business operations and that complies with the
terms and conditions of all data confidentiality, ownership, privacy, security and
restricted use provisions of the Contract. The State may, but is not obligated to,
perform such security audits, which shall, at the State’s option and request, of any
and all Hosted Services and their housing facilities and operating environments.
8.3 During the Term, Contractor will, when requested by the State, provide a
copy of Contractor’s or Hosting Provider’s FedRAMP System Security Plan(s) or
SOC 2 Type 2 report(s) to the State within two weeks of the State’s request. The
System Security Plan and SSAE audit reports will be recognized as Contractor’s
Confidential Information.
8.4 With respect to State Data, Contractor must implement any required
safeguards as identified by the State or by any audit of Contractor’s data privacy
and information security program.
8.5 The State reserves the right, at its sole election, to immediately terminate
this Contract or a Statement of Work without limitation and without liability if the
State determines that Contractor fails or has failed to meet its obligations under
this Section 8.
9. Application Scanning. During the Term, Contractor must, at its sole cost and
expense, scan all Contractor provided applications, and must analyze, remediate and
validate all vulnerabilities identified by the scans as required by the State Secure Web
Application and other applicable PSPs.
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Contractor’s application scanning and remediation must include each of the following
types of scans and activities:
9.1 Dynamic Application Security Testing (DAST) – Scanning interactive
application for vulnerabilities, analysis, remediation, and validation (may include
Interactive Application Security Testing (IAST).
(a) Contractor must dynamically scan a deployed version of the
Software using an industry standard application scanning tool and provide the
State a summary report after Contractor has completed the required scans.
These scans must be completed for each major release; and scans must be
completed in a non-production environment with verifiable matching source code
and supporting infrastructure configurations or the actual production
environment.
9.2 Static Application Security Testing (SAST) - Scanning Source Code for
vulnerabilities, analysis, remediation, and validation.
(a) For Contractor provided applications, Contractor, at its sole
expense, must provide resources to complete static application source code
scanning, including the analysis, remediation and validation of vulnerabilities
identified by application Source Code scans. These scans must be completed for
all Source Code initially, for all updated Source Code, and for all Source Code for
each major release and Contractor must provide the State a summary report
after Contractor has completed the required scans.
9.3 Software Composition Analysis (SCA) – Third Party and/or Open Source
Scanning for vulnerabilities, analysis, remediation, and validation.
(a) For Software that includes third party and open source software, all
included third party and open source software must be documented and the
source supplier must be monitored by the Contractor for notification of identified
vulnerabilities and remediation. SCA scans may be included as part of SAST and
DAST scanning or employ the use of an SCA tool to meet the scanning
requirements. These scans must be completed for all third party and open source
software initially, for all updated third party and open source software, and for all
third party and open source software in each major release and Contractor must
provide the State a summary report after Contractor has completed the required
scans if not provided as part of SAST and/or DAST reporting.
9.4 In addition, application scanning and remediation may include the
following types of scans and activities if required by regulatory or industry
requirements, data classification or otherwise identified by the State.
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(a) If provided as part of the solution, all native mobile application
software must meet these scanning requirements including any interaction with
an application programing interface (API).
(b) Penetration Testing – Simulated attack on the application and
infrastructure to identify security weaknesses.
10. Infrastructure Scanning.
10.1 For Hosted Services, Contractor must ensure the infrastructure and
applications are scanned using an approved scanning tool (Qualys, Tenable, or
other PCI Approved Vulnerability Scanning Tool) at least monthly and provide the
scan’s assessments to the State in a format that is specified by the State and used
to track the remediation. Contractor will ensure the remediation of issues identified
in the scan according to the remediation time requirements documented in the
State’s PSPs.
11. Nonexclusive Remedy for Security Breach.
11.1 Any failure of the Services to meet the requirements of this Schedule with
respect to the security of any State Data or other Confidential Information of the
State, including any related backup, disaster recovery or other policies, practices or
procedures, is a material breach of the Contract for which the State, at its option,
may terminate the Contract immediately upon written notice to Contractor without
any notice or cure period, and Contractor must promptly reimburse to the State any
Fees prepaid by the State prorated to the date of such termination. termination.
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Schedule F – Disaster Recovery Plan
Please see Monster Worldwide, Inc.’s (MWW) Crisis Management Plan (DR plan)
below, which provides details on our overall approach for handling a disaster or crisis as
well as the local command and control, communications and interfaces with the MWW
Crisis Management Team. This plan provides the essential guidance to teams dealing
with a crisis situation.
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SCHEDULE G – Transition In and Out
The Contractor will be responsible for leading and performing the data conversion and
migration activities. The State anticipates that conversion and migration activities should
begin contemporaneously with the project. The State expects that all data in LEO –
Workforce Development Agency Data and Performance Reporting Systems (and its
associated data in the other systems) be converted and migrated to the Future System.
The State will require the Contractor to provide auditing reports to validate that all data
has been mapped and converted accurately and completely. Data conversion is
required from multiple legacy systems, including OSMIS – Oracle DB systems, multiple
.net applications. Data conversion and migration activities include:
• working with the State to determine the data to be converted
• building a data conversion schedule
• tracking each data element being converted
• validating that all records/images converted equals number of records/images
written to the new database
• testing the converted data in the new solution
• reporting progress
• ensuring adequate staff is assigned to the effort
The Contractor will implement and develop any tools required to convert the data into a
format to be imported into the Solution, cleansing the data as it is integrated into the
solution. Additionally, all images currently stored in the legacy systems need to be
migrated to the Future System. The Contractor will perform a trial conversion(s) prior to
performing UAT, perform system testing with converted data, will collaborate with the
State to resolve any data issues identified, and will provide tools and reports for the
State to validate the data. During and after data conversion, the Contractor will be
responsible for supporting data quality within the Solution by participating in activities
defined in the Data Quality Plan and through the incorporation of automated data quality
tools and logic rules that help promote data quality and prevent the input of invalid
information. Within thirty (30) calendar days of Contract Start Date, the Contractor must
submit a Data Quality Standards and Automated Data Quality Approach document that
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will describe the data quality standards that the Contractor proposes and outline the
tools and processes that the Contractor will employ to ensure the data quality.
Data Conversion and Data Quality Plan
Within sixty (60) calendar days of execution of the Contract, the Contractor will submit
the Data Conversion and Data Quality Plan. This plan will be updated, by the
Contractor, as needed thereafter. The Contractor will be responsible for understanding
the data requirements during Requirements and Design Validation phase and gaining
an understanding of the data available in legacy systems that may need to be
converted. The Contractor will understand how much historical data needs to be
converted based on program policy and by case status.
The Contractor will collaborate with the State to define a specification for the data to be
extracted from the legacy systems. The purpose of the Data Conversion Plan is to
define the approach and plan for converting data from legacy systems into the Solution,
managing data to ensure that converted data is provided for testing, performing ongoing
data quality testing, and ensuring that confidential data is managed effectively.
This includes, at a minimum:
• Identifying the data elements that need to be converted and the source systems
• Determining the amount of historical data that will need to be converted
• Mapping the relationships between the legacy data that needs to be converted
and the data model for the Future System
• Identifying the approach to conversion (e.g. automated)
• Defining the approach to validating the converted data against legacy data and
addressing any data discrepancies
• Specifying the approach to managing confidential data
• Describing interim deliverables
• Defining Roles and Responsibilities
• Identifying tools used to perform the transformation
• Outlining Tools/approach to track status/progress
• Testing of converted data, including System Integration Testing (SIT) within the
future system prior to UAT
• Defining the approach for ongoing automated data quality testing
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Data Conversion Testing Report and Results:
At least thirty (30) calendar days prior to beginning UAT, the Contractor will deliver the
Data Conversion Testing Report and Results. This report will verify that the converted
data has been tested and is ready for production prior to performing UAT. This will
include confirmation that all data that needs to be converted for the release to go-live
has been reconciled to the legacy system and verified by the State. UAT will not
commence until the State has approved the Data Conversion Testing Report and
Results.
Testing, Acceptance Testing, Reporting and Results:
The Contractor will be the lead and be responsible for the Future System testing effort.
LEO is interested in reviewing Respondents’ proposals regarding potential automation
methods and tools, an automated testing policy, and how the Contractor plans to utilize
automation where appropriate during and after system implementation. The Contractor
will define a testing methodology that utilizes automation and includes multiple testing
cycles to ensure the entire Future System is functioning without issues.
The Contractor’s methodology must meet with industry standard methodologies such as
Software Engineering Institute, the Capability Maturity Model, International Standards
Organization, ISO9000 or the Institute of Electrical and Electronics Engineers (IEEE) or
IEEE 829 Standard for Software and System Test Documentation and related
standards.
The Contractor, in collaboration with the State, will be responsible for performing and
reporting on status of all testing required to fully test the Future System including:
• Unit Testing — Ensure each “unit” performs as outlined in the technical design
• Integration Testing — Ensure the Future System supports end-to-end business
processes. The Contractor is solely responsible to document the test cases, data
conditions, setting up the production like data conditions data set in the integration
testing environment.
• The Contractor will maintain all test results, notes, and observations. Test Results
should be recorded and include name of tester, witness and date that test was
completed. The Contractor should make Test Results available to the State for review
immediately after completion of tests.
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• The Contractor is solely responsible to demonstrate to the State that all integration
tests defined have been carried out and the test reports demonstrate that the Solution is
fit for the designed purpose.
• The State reserves the right to accept the software release exiting the integration
testing phase to QAT phase.
• QAT – Quality Assurance Testing – LEO and DTMB testers will run the test cases, test
scripts developed by the Contractor in the integration testing phase and ensure the Future
System behavior aligns with the business requirements. Contractor must implement a
process to populate test data in the QAT environment with all data conditions/scenarios
like production data (no PII data in the lower environment).
• User Acceptance Testing (UAT) — UAT will serve as a Beta testing, staging, training
environment for the end users (MWAs). Contractor must implement a process to
populate test data in the UAT environment with all data conditions/scenarios like
production data (no PII data in the lower environment).
• Performance/Stress Testing — Ensure the Future System will meet the State’s
performance needs.
Master Test Plan:
Within Sixty (60) calendar days upon commencement of Provision environments
milestone event, the Contractor will submit the Master Test Plan.
This plan will include, at a minimum:
• Approach to testing according to the proposed SDLC – Agile/Scrum methodology.
• Types of testing to be performed in the Sprint development cycle
• Implement test data preparation process in the QAT/UAT database – Test data
should mimic production like dataset (volume and data conditions)
• Testing environments (QAT/UAT)
• Testing tools
• Test case development
• Documentation of test results, including an evaluation should include a summary of
any outstanding issues/defects with the system and any other pertinent readiness
issues
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• A contingency plan component which identifies alternative strategies that may be
used if specific system risk/issue occurs, such as a failure of test results to support a
decision to proceed to the next phase of the project
• Specifics regarding the processes leveraged to track testing progress and defect
resolution
• The organization of the test team and associated responsibilities (definition of roles
and named resources who will perform each role)
• Entrance and exit criteria for all types of testing
• Criteria for passing scripts (the decision criteria should be specific and measurable.)
• Testing progress status reporting and interim testing milestones and associated
reports
• Definition of the Platform Readiness Test (UAT/Staging environment) (this test must
be passed prior to promotion to the pre-production environment)
• Entrance and exit criteria for each testing cycle (the decision criteria shall be specific
and measurable.)
• Testing approach to performance and stress testing - Up to 3 load test runs before the
first version of the product goes live up to a maximum of 3000 concurrent users
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SCHEDULE H - Federal Provisions Addendum
This addendum applies to purchases that will be paid for in whole or in part with funds
obtained from the federal government. The provisions below are required and the
language is not negotiable. If any provision below conflicts with the State’s terms and
conditions, including any attachments, schedules, or exhibits to the State’s Contract, the
provisions below take priority to the extent a provision is required by federal law;
otherwise, the order of precedence set forth in the Contract applies. Hyperlinks are
provided for convenience only; broken hyperlinks will not relieve Contractor from
compliance with the law.
1. Equal Employment Opportunity
If this Contract is a “federally assisted construction contract” as defined in 41 CFR
Part 60-1.3, and except as otherwise may be provided under 41 CFR Part 60, then
during performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information of
other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation,
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proceeding, hearing, or action, including an investigation conducted by the
employer, or is consistent with the Contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or workers' representatives of
the Contractor's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the administering agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
Contract may be canceled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September
24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any subcontract or purchase
order as the administering agency may direct as a means of enforcing such
provisions, including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
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participates in federally assisted construction work: Provided, that if the
applicant so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on or under
the contract.
The applicant agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor, that it will furnish the
administering agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility
for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965,
with a contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties for violation
of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the administering agency or the Secretary of Labor pursuant
to Part II, Subpart D of the Executive Order. In addition, the applicant agrees
that if it fails or refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: Cancel, terminate, or
suspend in whole or in part this grant (contract, loan, insurance, guarantee);
refrain from extending any further assistance to the applicant under the
program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such applicant; and
refer the case to the Department of Justice for appropriate legal proceedings.
2. Davis-Bacon Act (Prevailing Wage)
If this Contract is a prime construction contracts in excess of $2,000, the Contractor
(and its Subcontractors) must comply with the Davis-Bacon Act (40 USC 3141-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”), and during performance of this Contract the Contractor agrees as
follows:
(1) All transactions regarding this contract shall be done in compliance with
the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the
requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor
shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the
requirements of 29 C.F.R. pt. 5 as applicable.
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(2) Contractors are required to pay wages to laborers and mechanics at a
rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor.
(3) Additionally, contractors are required to pay wages not less than once a
week.
3. Copeland “Anti-Kickback” Act
If this Contract is a contract for construction or repair work in excess of $2,000 where
the Davis-Bacon Act applies, the Contractor must comply with the Copeland “Anti-
Kickback” Act (40 USC 3145), as supplemented by Department of Labor regulations (29
CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”), which
prohibits the Contractor and subrecipients from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he or she is otherwise entitled, and during performance of
this Contract the Contractor agrees as follows:
(1) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
(2) Subcontracts. The Contractor or Subcontractor shall insert in any
subcontracts the clause above and such other clauses as FEMA or
the applicable federal awarding agency may by appropriate
instructions require, and also a clause requiring the Subcontractors
to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a Contractor and
Subcontractor as provided in 29 C.F.R. § 5.12.
4. Contract Work Hours and Safety Standards Act
If the Contract is in excess of $100,000 and involves the employment of mechanics
or laborers, the Contractor must comply with 40 USC 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5), as applicable, and during
performance of this Contract the Contractor agrees as follows:
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(1) Overtime requirements. No Contractor or Subcontractor contracting
for any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at
a rate not less than one and one-half times the basic rate of pay for
all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event
of any violation of the clause set forth in paragraph (1) of this section
the Contractor and any Subcontractor responsible therefor shall be
liable for the unpaid wages. In addition, such Contractor and
Subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of
the clause set forth in paragraph (1) of this section, in the sum of $27
for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set
forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The State
shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by
the Contractor or Subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other
federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph
(2) of this section.
(4) Subcontracts. The Contractor or Subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (1) through (4) of this
section and also a clause requiring the Subcontractors to include
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these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4)
of this section.
5. Rights to Inventions Made Under a Contract or Agreement
If the Contract is funded by a federal “funding agreement” as defined under 37 CFR
§401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment
or performance of experimental, developmental, or research work under that “funding
agreement,” the recipient or subrecipient must comply with 37 CFR Part 401, “Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing
regulations issued by the awarding agency.
6. Clean Air Act and the Federal Water Pollution Control Act
If this Contract is in excess of $150,000, the Contractor must comply with all applicable
standards, orders, and regulations issued under the Clean Air Act (42 USC 7401-
7671q) and the Federal Water Pollution Control Act (33 USC 1251-1387), and during
performance of this Contract the Contractor agrees as follows:
Clean Air Act
1. The Contractor agrees to comply with all applicable
standards, orders or regulations issued pursuant to the
Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
2. The Contractor agrees to report each violation to the State
and understands and agrees that the State will, in turn,
report each violation as required to assure notification to
the Federal Emergency Management Agency or the
applicable federal awarding agency, and the appropriate
Environmental Protection Agency Regional Office.
3. The Contractor agrees to include these requirements in
each subcontract exceeding $150,000 financed in whole
or in part with Federal assistance provided by FEMA or
the applicable federal awarding agency.
Federal Water Pollution Control Act
(1) The Contractor agrees to comply with all applicable
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standards, orders, or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq.
(2) The Contractor agrees to report each violation to the State
and understands and agrees that the State will, in turn,
report each violation as required to assure notification to
the Federal Emergency Management Agency or the
applicable federal awarding agency, and the appropriate
Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in
each subcontract exceeding $150,000 financed in whole
or in part with Federal assistance provided by FEMA or
the applicable federal awarding agency.
7. Debarment and Suspension
A “contract award” (see 2 CFR 180.220) must not be made to parties listed on the
government-wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders
12549 (51 FR 6370; February 21, 1986) and 12689 (54 FR 34131; August 18, 1989),
“Debarment and Suspension.” SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
(1)
This Contract is a covered transaction for purposes of 2 C.F.R. pt.
180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to
verify that none of the Contractor’s principals (defined at 2 C.F.R.
§ 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined
at 2 C.F.R. § 180.935).
(2)
The Contractor must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C, and must include a requirement to
comply with these regulations in any lower tier covered
transaction it enters into.
(3)
This certification is a material representation of fact relied upon by
the State. If it is later determined that the contractor did not
comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, in addition to remedies available to the State, the
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Federal Government may pursue available remedies, including
but not limited to suspension and/or debarment.
(4)
The bidder or proposer agrees to comply with the requirements of
2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C
while this offer is valid and throughout the period of any contract
that may arise from this offer. The bidder or proposer further
agrees to include a provision requiring such compliance in its
lower tier covered transactions.
8. Byrd Anti-Lobbying Amendment
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification in Exhibit 1 – Byrd Anti-Lobbying Certification below. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, officer or employee of Congress, or an
employee of a Member of Congress in connection with obtaining any Federal contract,
grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the recipient who
in turn will forward the certification(s) to the awarding agency.
9. Procurement of Recovered Materials
Under 2 CFR 200.322, Contractors must comply with section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act.
(1) In the performance of this contract, the Contractor shall make
maximum use of products containing recovered materials that are
EPA-designated items unless the product cannot be acquired—
a. Competitively within a timeframe providing for compliance
with the contract performance schedule;
b. Meeting contract performance requirements; or
c. At a reasonable price.
(2) Information about this requirement, along with the list of EPA-
designated items, is available at EPA’s Comprehensive
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Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-guideline-
cpg-program.
(3) The Contractor also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act.
10. Additional FEMA Contract Provisions.
The following provisions apply to purchases that will be paid for in whole or in part with
funds obtained from the Federal Emergency Management Agency (FEMA):
(1)
Access to Records. The following access to records requirements apply to this
contract:
a. The Contractor agrees to provide the State, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of
the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts, and transcriptions.
b. The Contractor agrees to permit any of the foregoing parties to reproduce
by any means whatsoever or to copy excerpts and transcriptions as
reasonably needed.
c. The Contractor agrees to provide the FEMA Administrator or his
authorized representatives access to construction or other work sites
pertaining to the work being completed under the contract.
d. In compliance with the Disaster Recovery Act of 2018, the State and the
Contractor acknowledge and agree that no language in this contract is
intended to prohibit audits or internal reviews by the FEMA Administrator
or the Comptroller General of the United States.
(2)
Changes.
See the provisions regarding modifications or change
notice in the Contract Terms.
(3)
DHS Seal, Logo, And Flags.
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The Contractor shall not use the DHS seal(s), logos, crests,
or reproductions of flags or likenesses of DHS agency
officials without specific FEMA pre-approval.
(4)
Compliance with Federal Law, Regulations, and Executive Orders.
This is an acknowledgement that FEMA financial assistance
will be used to fund all or a portion of the contract. The
Contractor will comply with all applicable Federal law,
regulations, executive orders, FEMA policies, procedures, and
directives.
(5)
No Obligation by Federal Government.
The Federal Government is not a party to this contract and is
not subject to any obligations or liabilities to the State,
Contractor, or any other party pertaining to any matter
resulting from the Contract.”
(6)
Program Fraud and False or Fraudulent Statements or Related Acts.
The Contractor acknowledges that 31 U.S.C. Chap. 38
(Administrative Remedies for False Claims and Statements)
applies to the Contractor’s actions pertaining to this contract.
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Schedule H, Attachment 1 - Byrd Anti-Lobbying Certification
Contractor must complete this certification if the purchase will be paid for in whole or in
part with funds obtained from the federal government and the purchase is greater than
$100,000.
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-
LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction
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imposed by section 1352, title 31, U.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
The Contractor, certifies
or affirms the truthfulness and accuracy of each statement of its certification
and disclosure, if any. In addition, the Contractor understands and agrees that
the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False
Claims and Statements, apply to this certification and disclosure, if any.
________________________________________
Signature of Contractor’s Authorized Official
________________________________________
Name and Title of Contractor’s Authorized Official
________________________________________
Date
