Statement Of Work, Guardian Data Migration Services
Last Updated: June 17, 2016
In order to facilitate Customer’s transition from paper and/or an alternative electronic I-9 data storage system, Hyland will convert Customer’s historical paper I-9s as set forth in this SOW, which includes migration of I-9 data fields and supporting documents into the Software along with a detailed analysis of potential errors or omissions (together, the “Services”) as more fully described below.
2.1 Transcription and Conversion of Historical I-9s
- Receipt of Historical I-9s:
Hyland will provide Customer with detailed instructions for sending historical paper and/or electronic I-9s and supporting documents to Hyland in one or more batches (as defined below). Hyland’s current instructions (which may be modified from time to time) are provided below as Exhibit A. With respect to paper I-9s, Customer may choose to send paper copies via mail courier or digitally through a secure upload process (recommended). Electronic I-9s must be sent to Hyland in the original electronic format, as more specifically described in the Hyland instructions. For purposes of this SOW, a batch means a grouping of scanned or photocopied I-9 records and supporting documents which are provided to Hyland in a single package or during a single uploading session. Customer’s Order Form will specify the maximum number of batches for paper and/or electronic I-9s as applicable. - Paper I-9 Transcription:
If Customer provides Hyland with paper I-9s, Hyland will utilize data entry specialists to transcribe all legible information from the paper I-9s (sections 1, 2, and 3), including data in the I-9 form fields as well as any other text written within the four corners of the I-9 form into the Software. After the transcription has been completed, Hyland will perform a quality assurance review of the transcribed data to ensure accuracy. The migration into the Software will also include a scanned image (saved in PDF) of each paper I-9 that was transcribed as well as scanned images of any I-9 supporting documents (e.g., driver’s license, social security card, etc.) which are attached to the I-9. - Electronic I-9 Conversion:
If Customer provides Hyland with electronic I-9s, Hyland will import all relevant and useable I-9 information into the Software (including audit trail information as available) through a defined data exchange process. Specifically, Hyland will provide Customer with a data dictionary that specifies the field name, description, data type, length, and other constructs of all required and optional I-9 fields which can be imported into the Software (“Data Dictionary”). Customer shall generate or request its prior electronic I-9 provider to generate an export file of its historical electronic I-9s which meets the requirements of the Data Dictionary. Hyland will provide reasonable assistance to Customer to identify any inconsistencies or abnormalities in the way the data has been stored or retained and seek input and feedback from Customer with respect to how the migrated records should be reflected in the Software. Hyland will also include a scanned image (saved in PDF) of each electronic I-9 (if and as available) and also maintain scanned images of any I-9 supporting documents which are tagged with a unique identifier or otherwise logically associated with the historical electronic I-9. - Creation of Archival I-9s in the Software:
For each I-9 transcribed and/or converted as described above, Hyland will create a corresponding “archival I-9” record (a term used to designate an I-9 that was initially completed outside of the Software). The archival I-9 will be associated with an employee record based on the social security number or other unique identifier located on the I-9. If Customer sends multiple I-9s for a given employee, Hyland will associate each I-9 to one employee record (provided that each I-9 has the same unique employee identifiers). - Section 3 Data:
Hyland will also associate any corresponding I-9 section 3 entries with the archival I-9 (each of which constitutes an “I-9” for billing purposes). In the event Hyland is unable to associate a section 3 entry with a particular I-9, Hyland will create an archival I-9 with just the section 3 alone.
2.2 Importing of Employee Data from Customer’s Human Resources System
- Hyland will request that Customer provide an active employee roster (in Excel format) which contains certain biographical and jobsite information of the employees whose I-9s are to be migrated such as the employee’s name, social security number (and/or employee ID), date of birth, and other identifying pieces of data.
- Hyland will import the data from the employee roster into the Software in to order to: (i) establish a baseline of employees for whom Customer should have an I-9 record (and thereby facilitate Customer’s discovery of missing I-9s); and (ii) assign employee and I-9 records to specific Customer locations and users.
2.3 I-9 Error-Checking, Reporting, and Demonstration
- Hyland will apply detailed I-9 error checking algorithms to Customer’s I-9 data which will detect certain omissions, mistakes, or inconsistencies based on the federal I-9 requirements for the specific version of the I-9 form migrated into the Software.
- Hyland will prepare a Technical Estimated Compliance Summary (“TECS”) report, which offers a multi-view analysis of migrated I-9 records by error type, employee, and issue severity (i.e., the number of reported issues) as well as an explanation of why the error is appearing.
- Hyland will conduct a one-hour live webinar with Customer to review the imported I-9 records in the Software and describe the tools within the Software for correcting or exempting I-9 issues.
Upon receipt of the signed Order Form referencing this SOW, Hyland will schedule a start date for the Services (“Project Start”) based on available resources and other client commitments. Once resources have been made available, the following milestones and estimated timelines will apply to the Services described hereunder. Please note this is a non-binding estimate, which will be refined, expanded, and finalized after the kick-off meeting specified below. All time estimates listed are highly dependent on the diligence of Customer as detailed in section 4.1 below.
Task # | Deliverable | Responsibility | Estimated Timeframe (Calendar Days) |
---|---|---|---|
1 | Kick-off Meeting: Conduct a kickoff meeting to review data migration process, timelines, project plan and instructions for sending I-9s to Hyland. | Hyland and Customer | Within 2 days of Project Start |
2 | Gather Historical I-9s to be sent to Hyland: Identify and gather existing I-9s to be migrated in one or more batches according to Hyland instructions. | Customer | 5 to 30 days from Kick-Off Meeting |
3 | Send I-9s and Employee Roster to Hyland: Send I-9s and supporting documents along with employee roster of the associated employees to Hyland according to supplied instructions. | Customer | 3 to 5 days from Gathering Historical I-9s |
4 | Transcription/Conversion of I-9s: Transcribe/convert historical I-9s for each batch received. | Hyland | Hyland will arrange to transcribe/convert I-9s within 2 weeks of receiving all I-9s (i.e., all batches) from Customer. Total estimate timeframe for transcription/conversion will depend on total number of I-9s received (note: 5,000 I-9s takes approximately 1 business week). |
5 | Migration of Transcribed/Converted I-9 Data and Documents:Migrate transcribed/converted I-9s and upload/associate supporting documents (if any) into the Test Site | Hyland | Within 3 to 4 weeks of Transcription/Conversion |
6 | Data Migration Demo and Training: Conduct one (1) hour live webinar with Customer to review the imported I-9 records in the Test Site and describe the remediation tools within the Software. | Hyland and Customer | Within 2 weeks of the Migration of I-9s into the Test Site. |
7 | Migration Review: Review migrated data in the Test Site and provide written notice to Hyland to move data to the Software production environment. | Customer | Within 2 weeks of Data Migration Demo and Training |
8 | Production Deployment: Import migrated data to Customer’s Software production environment. | Hyland | Within one 1 week of Migration Review |
9 | Reporting: Deliver the TECS report to Customer and review. | Hyland | Within 1 week of the Production Deployment |
4.1 Timely Completion.
The successful completion of the Services depends on the reasonable cooperation and participation of Customer. Hyland’s performance and the achievement of the deliverables may in some cases be dependent upon Customer’s timely and effective performance of its responsibilities. Delays, inaccuracies or omission in the performance of Customer’s responsibilities may result in delay of the completion of the Services. Customer further agrees to:
- Send historical I-9s to be migrated to Hyland as soon as possible in order to ensure timely completion of the Services. In order to accommodate Customer’s schedule (including the locating and gathering of I-9s), Hyland shall provide Customer up to six (6) months from the signing of this SOW in which to send Hyland ALL of the historical I-9s to be migrated as part of the Services. If Customer is unable to send ALL historical I-9s within this 6-month time period, Hyland may at its sole discretion consider the Services to be terminated by Customer, and retain all fees paid by Customer in connection therewith. Historical I-9s received by Hyland prior to the expiration date will be migrated under the terms and conditions set forth in this SOW. Historical I-9s sent to Hyland after the expiration date will require a new Order Form and will be subject to Hyland’s I-9 data migration rates then in effect.
- Complete the Migration Review (Task #7 above) within thirty (30) days of being provided with the migrated data in the Test Site. Customer acknowledges and agrees that except in the event of a material deficiency, Hyland will move the migrated data to the Software production environment (Task #8 above) after the thirty (30) day time period has lapsed upon providing written notice to Customer.
4.2 Project Coordination.
Customer shall be responsible for and agrees to: (a) provide a single point of contact for project coordination with Hyland; (b) participate in scheduled meetings and provide timely feedback when questions arise throughout the project; and (c) manage Customer employee communications when needed.
4.3 Customer Technical Staff.
Customer agrees to follow Hyland instructions for sending historical I-9 records to Hyland. If Customer is migrating electronic I-9s as part of the Services, Customer is expected to have technical staff members who are capable of understanding data exchange protocols. Customer is also responsible for contacting Customer’s prior electronic I-9 vendor (as needed) to request data extracts of I-9 and supporting documents.
4.4 Data Quality.
Migrated data (paper or electronic) is accepted by Hyland on an “as-is” and “as-submitted” basis. Data migration is limited to the fields on the applicable I-9 version and is subject to errors made by Customer on the historical I-9s. As such, these migrated pieces of data are subject to verification by Customer and should not be relied upon prior to verification by Customer.
4.5 No Legal Services Provided.
Services provided hereunder should not be substitute for a comprehensive legal audit of all historical I-9s. Migrated data, even once it is accessible by Customer, may still require review and classification as to completeness, specific usability, and compliance standards.
4.6 Test Site.
Hyland will provide Customer with a demonstration account for testing the Services (“Test Site”) to ensure conformance with the specifications and business requirements. Customer’s access to the Test Site will expire ninety (90) days after completion of the Services, at which time Hyland may in its sole discretion delete Customer test credentials and all data entered into the Test Site. In the event that Customer desires to maintain the Test Site for additional time periods, such access shall be subject to additional fees as stated in an applicable Order Form. With respect to the Test Site, Customer acknowledges: (a) Customer will not use the Test Site for live production activities; (b) upon completion of the Services, Hyland may terminate the Test Site at any time, at its sole discretion, at which time all Customer data stored within the Test Site may be lost; (c) the terms of Hyland’s Service Level Agreement do not apply to the Test Site; and (d) Customer agrees to provide prompt feedback to Hyland regarding Customer’s experience with the Test Site in a form reasonably requested by Hyland, including information necessary to duplicate errors or problems.
4.7 Disposal of Source Data.
Upon completion of the Services or termination of this SOW for any reason, and with at least thirty (30) days prior written notice to Customer, Hyland will destroy all source data and files provided to Hyland in fulfillment of this SOW, including but not limited to copies of all paper I-9s, electronic I-9 data files, supporting documents, and employee roster files (together, “Source Data”). Customer acknowledges and agrees that Customer is solely responsible for maintaining back-up copies of Source Data provided to Hyland, and Hyland will not return Source Data to Customer. Requests by Customer for Hyland to: (a) maintain copies of Source Data beyond the timeline stated above; or (b) return Source data to Customer via courier or through electronic transfer will result in additional charges to Customer.
4.8 Outside of Scope.
This SOW does not include the following: (a) any advice, guidance, or suggestions from Hyland on how to correct or remediate I-9 issues – all such advice to be provided by Customer’s counsel or decided internally by Customer; (b) additional analysis, evaluation, or mapping of historical electronic I-9 data which does not meet the requirements of the Data Dictionary; or (c) creation of any new electronic I-9 records in the Software, which may be required based on Customer’s audit review of migrated historical I-9s.
5.1
Each party will designate a project manager or data migration specialist (“PM”) to coordinate all necessary tasks and communication needed for the Services. Customer recognizes that the Hyland PM manages several projects simultaneously and is thus not an exclusively dedicated Customer resource. The Hyland PM will, however, commit to providing Customer with timely responses and proactive project management. Once the Project identified in this SOW is completed, the Hyland PM will no longer be available to Customer as a dedicated resource unless a new SOW is executed.
5.2
The Hyland and Customer PM may agree to schedule meetings by telephone or webinar at a mutually agreeable time to discuss open issues with the Services. The Hyland PM, in his or her sole discretion, may invite additional Hyland team members (including technical resources) to participate in such meetings with Customer on an as needed basis. All such assistance will be conducted during the normal business hours of 8:00am to 5:00pm Mountain Standard Time (or as otherwise agreed to by Hyland) and will not exceed 10 hours in total. At Customer’s request, Hyland shall provide additional scheduled meetings and telephone calls beyond the 10-hour limit on a time and materials basis at the rate indicated in the Order Form or a fixed project rate as agreed upon by both parties.
5.3
Notwithstanding the above, Customer acknowledges and agrees that questions or requests relating to Customer’s production Software environment should be directed to the Hyland support line by calling 602-357-4240 ext. 2 or emailing support@lawlogix.com. Any production-related support requests sent directly to the Hyland PM or other team members (via email or phone) may or may not be responded to within a reasonable time period.
Hyland Job Title/Role | Responsibility |
---|---|
Project Manager or Data Migration Specialist | Managing the project, strategizing timelines and workflow, and serving as Customer’s single point of contact |
Data Integration Manager | Technical migration of Customer’s historical I-9 data into the Software, preparation of the TECS report, and quality assurance |
Training Specialist | Training Customer on use of the Software tools for amending and exempting I-9s |
7.1
Hyland shall provide a 99% data transcription/conversion warranty of Customer’s migrated I-9 records as measured at the Form I-9 field level (“Data Migration Quality”). Hyland shall measure the Data Migration Quality utilizing an accuracy percentage as follows: total correctly transcribed or converted/mapped I-9 fields divided by total I-9 fields that are not otherwise illegible, obscured, non-readable, or unmapped.
7.2
Customer must notify Hyland of any breach of this warranty no later than sixty (60) days after Hyland’s completion of the Services detailed in this SOW. Customer’s exclusive remedy and Hyland’s entire liability under this warranty shall be for Hyland to re-perform any non-conforming portion of the Services within a reasonable period of time, or if Hyland cannot remedy the breach during such time period, then refund the portion of the fee attributable to such non-conforming portion of the Services under this SOW which shall be calculated as follows: two percent (2%) of the total migration fees indicated in an applicable Order Form attached for each full accuracy percentage point below ninety-nine (99%). This warranty is in lieu of all other warranties and conditions. There are no other express or implied warranties, including the implied warranty of merchantability or fitness for a particular purpose.
8.1 Order Form Pricing.
Customer shall pay Hyland the fees in the amounts and at the rates/schedule set forth in the applicable Order Form referencing this SOW. Customer agrees to pay all invoices under the same terms and conditions specified in the Agreement.
8.2 Per I-9 Fee:
The per I-9 fee specified in the Order Form (“I-9 Migration Fee”) covers the migration of data from sections 1 and 2 of each Form I-9, which may be one or two pages depending on the specific form version. If an I-9 contains information recorded in section 3 of the form (for purposes of rehire, reverification, or update), Hyland will assess an additional I-9 Migration Fee to account for the migration and storage of the section 3 in the Software. The I-9 Migration Fee excludes supporting documents which are charged separately. In addition, the Services described herein are performed on each and every I-9 record that is sent from Customer to Hyland. Therefore, any I-9 record sent to Hyland as part of this SOW will incur the I-9 Migration Fee quoted on the Order Form, regardless of whether or not the I-9 is eventually migrated into the Software or otherwise excluded or deleted by Customer.
8.3 Nonrefundable Fee:
The Services are subject to the nonrefundable fee (“Minimum Fee”) specified in the Order Form, which covers Hyland’s initial project expenses, resource allocation, and third party costs. Notwithstanding any breach of this SOW by Hyland or any credits which may be due to Customer under the Data Migration Guarantee specified above, Customer acknowledges that the Minimum Fee shall be due regardless of (a) the number of I-9s actually migrated or (b) whether or not I-9s have been sent to Hyland.
Changes to the scope of the Services will be made by mutual written agreement of the parties. Hyland will offer to perform additional deliverables related to the Services on a time and materials basis at the rate indicated in the Order Form or a fixed project rate as agreed upon by both parties. Hyland shall have no obligation to commence work in connection with any change until the fee and/or schedule impact of the change and all other applicable terms are agreed upon by both parties in writing.
This SOW shall commence on the Effective Date, and shall terminate on the date Hyland completes the Services; provided however that either party may terminate this SOW immediately in the event that the other party is in material breach of any provision this SOW and such material breach has not been cured within sixty (60) days after such written notice to the breaching party. Upon termination of the SOW, Customer shall promptly pay Hyland any outstanding amounts for Services rendered through the date of termination.
EXHIBIT A TO STATEMENT OF WORK SENDING HISTORICAL I-9 AND E-VERIFY DATA TO HYLAND
This document will review the process for sending I-9 data to Hyland for migration into the Guardian system.
- Copies of I-9 data in scanned image, paper, or electronic format
- Employee Roster from existing HR Management application
- E-Verify User Audit Report, if applicable
There are different methodologies for sending I-9 data to Hyland for import; the relevant approach is dictated by the format of the I-9 data. Please review each of the options below and follow the instructions for the appropriate option.
Paper I-9 Records
- Photocopied images of the I-9 forms with supporting documents
- Scanned images of the I-9 forms with supporting documents
Preparation of Original Documents
- Straighten out any dog-eared or creased pages.
- Do not include instruction pages.
- It is critical to stack your documents in the order listed below. The specified order is required for the data migration process to attach the correct documents to the I-9s. For each I-9:
- I-9 document should come first
- If the shipment includes two page I-9 forms, page one needs to be stacked on top of page two
- All one page I-9 forms should be grouped together and all two page I-9 forms should be grouped together
- Supporting documents placed after the I-9
- Finally, additional documentation. This includes:
- Multiple I-9s – be sure to stack one and two page I-9s separately, even if they belong to the same employee
- Standalone section 3
- Any related files for additional documentation
Sample document order for both one & two page I-9s
Group 1 (One Page I-9) Group 1 (One Page I-9) - I-9 form
- Supporting documents
- Additional documents (additional I-9s for same individual, section 3s, etc.
- I-9 form – page 1
- I-9 form – page 2
- Supporting documents
- Additional documents (additional I-9s for same individual, section 3s, etc.
- If the documents are not stacked as specified above, there will be additional charges incurred for the reorganization of the documents (note: charges are per I-9 that needs manual adjustment)
- Please do not place any blank pages to separate the documents.
- Any sticky/post-it notes on I-9s should be photocopied (still attached to the I-9) and placed behind the photocopy of the I-9 un-obscured by the sticky note.
- Remove all staples and paper clips from the I-9s. If paper copies are sent with these, there will be an additional charge of $.20 per staple
- I-9 document should come first
Photocopying I-9 Records and Supporting Documents
- Make legible, clear copies in color. Important! Absolutely no original documents will be accepted.
- Make sure the document is fed into the copier absolutely straight. There is crucial version-related data in the margins that may not appear if the document is scanned crooked.
Scanning the I-9 Records and Supporting Documents
- Set your scanner settings to: 200 DPI color
- Make legible, clear scans in color.
- Be sure to scan images with a 1:1 ratio.
- It is a good idea to take a look at your scanned files every so often to make sure the scans are of acceptable quality.
- Scan the images in PDF format.
- There should be no sort of protection or encryption applied to the individual files.
- Create one file per page – This is critical. Each piece of paper should be a completely separate file. If the employee has a two page Form I-9 and a copy of the driver’s license, then three files should be created.
- Do not scan all of the I-9s into one file. This will cause additional expenses and delays.
- Name the files so that the I-9s are ordered correctly in the folder per above instructions.
- Most scanners have a setting to do sequential file naming. Make sure to use a 3-letter prefix to identify that the file belongs to your company. For example, if your company name is Smith Tool Company and you have a single page Form I-9 plus two supporting documents for employee Jane Doe, the naming convention should be equivalent to:
STC00001.pdf – Form I-9STC00002.pdf – Supporting Document #1STC00003.pdf – Supporting Document #2
- Important! Please note that by using a numerical sequencing naming convention, the separate files will sort such that all related documents will be grouped together. Please be sure to ask for clarification if necessary.
- Make sure the document is fed into the scanner absolutely straight. There is crucial version-related data in the margins that may not appear if the document is scanned crooked.
I-9 data that is stored in a database, CSV file, or other electronic data format is considered an electronic record. This type of record can be imported electronically (no transcription required). These are typically provided in the following formats: SQL, XML and CSV.
Electronic I-9 Data Backup Details
If your previous I-9 system was an electronic I-9 system, please send a complete backup of that system to Hyland. A complete backup should include:
- Raw data export of all I-9s and Section 3s
- All I-9 images (preferably PDFs)
- All supporting document images (preferably PDFs). If PDF, documents cannot be password protected.
- Mappings for all images
- Mappings for all codes (e.g. document title, attestation, status, business, etc.)
- All I-9 audit trail data
- All I-9 log data
- All E-Verify data and results
- Any custom fields
- User information
- Location or other organizational data
In general, it is best to export a raw data file from the database in exactly the same order as in the database – one CSV file for each database table. This should include ALL data, including logs and audit trails. It is highly preferable to submit all documents including any metadata associated with that document, and a tag that associates the document to an employee or specific I-9.
- Please ship the documents in as few boxes as possible.
- Send an email to your Project Manager to inform him or her that the shipment has been sent.
- Do not send originals; only copies are accepted.
- Provide the number of boxes and the related tracking numbers in that email.
- It is strongly recommended that overnight shipping be used for additional security.
- Securely ship these I-9s (requesting a signature of receipt) to:
Attention: Data Migration Department
LawLogix, a division of Hyland Software
3003 N Central Ave. Suite #900 Phoenix, AZ 85012
Tel. 602.357.4240
- Use compression technology (.zip) when sending your scans to Hyland. Zip the files/folders together into as few compressed files as you can.
- Please make sure to send all files via a secure method – including any examples sent.
- Important! Do not use email to send confidential data.
- FTP Method – Use the Hyland secure FTP server (connectivity instructions can be obtained from your Account Coordinator) or another mutually agreed upon secure method to transmit confidential data to Hyland.
- Important! Notify your Project Manager when you begin transmitting the files. Please include the number and size of the files. Hyland engineers will monitor the progress of the upload.
- FTP Method – Use the Hyland secure FTP server (connectivity instructions can be obtained from your Account Coordinator) or another mutually agreed upon secure method to transmit confidential data to Hyland.
Sending your Electronic Data to Hyland
- Please make sure to send all files via a secure method – including any examples sent.
Important! Do not use email to send confidential data.- FTP Method – Use the Hyland secure FTP server (connectivity instructions can be obtained from your Account Coordinator) or another mutually agreed upon secure method to transmit confidential data to Hyland.
- Important! Notify your Account Coordinator when you begin transmitting the files. Please include the number and size of the files. Hyland engineers will monitor the progress of the upload.
- FTP Method – Use the Hyland secure FTP server (connectivity instructions can be obtained from your Account Coordinator) or another mutually agreed upon secure method to transmit confidential data to Hyland.
The employee roster is used to audit the data migration process. Hyland will need an up to date employee roster to confirm I-9s have been received for all employees. Please electronically send the completed roster to your designated data migration point of contact.
- Provide an active employee roster (digital format) using the spreadsheet provided by Hyland. We will use this to compare to the I-9s provided so we may check for missing I-9s, etc. as part of our migration process. This file will also be used to provide additional quality assurance as well as make for better set up of the data in Guardian.
- Important! For data migration purposes, the social security number and date of birth are required to be included in the Employee Roster.
- If the data migration will be including I-9s for terminated employees based on the 3 and 1 year retention rule, these employees should be included in the employee roster template with their respective termination date.
- Please note – required fields are shown on the employee roster template with a shaded background.
- Locations, occupation classes, and business units entered on the employee roster must have an exact match in the Guardian system or the data will not be imported.
- Columns and column headers should not be manipulated. Please leave the column blank if the company opts to not supply information in the column.
Important! This is relevant only for organizations using E-Verify prior to migrating I-9 data to the Guardian system.
The E-Verify User Audit Report will help indicate which I-9 records have been sent to the E-Verify system and what the status of each is. This report is generated from the DHS website. Please send the most current version of this report in a secure manner to your Hyland Account Coordinator. This will help to ensure the proper E-verify status is noted on each of the migrated records.