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HomeMy WebLinkAboutReso 2019-2981 • RESOLUTION NO. 2019 - Set g A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,RATIFYING AN AGREEMENT WITH KRONOS SAASHR,INC.FOR A TIME AND ATTENDANCE SOFTWARE,IN AN AMOUNT NOT TO EXCEED SEVENTY-FIVE THOUSAND TWO HUNDRED FIVE DOLLARS ($75,205.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Stromberg,the City's current time and attendance software application,will be sunsetting as of January 1, 2020; and WHEREAS,the City was in need of a software to manage time and attendance("Software") for its employees; and WHEREAS, Cobb County, GA, issued Request for Proposals No. 18-6390 for Workforce Management Systems and Related Products, Services,and Solutions("RFP")and awarded the RFP to Kronos SaaShr, Inc. ("Kronos"); and WHEREAS,Kronos has expressed their ability and desire to provide the software to the City pursuant to the pricing terms and conditions offered to Cobb County under Master Agreement No. 18221; and WHEREAS, pursuant to the City's procurement code provisions, purchases made under state,county or other governmental contracts,or competitive bids with other governmental agencies are exempt from the'City's competitive bidding procedures; and WHEREAS,the City wishes to ratify a three(3)year Agreement with Kronos SaaShr,Inc.to provide a time and attendance software application, in an amount not to exceed Fifty-Three Thousand Seven Hundred Three Dollars ($53,703.00), in addition to an amount not to exceed Twenty-one Thousand Five Hundred Two Dollars($21,502.00)as a one-time setup fee,bringing the total contract amount not to exceed Seventy-Five Thousand Two Hundred Five Dollars($75,205.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratification of Agreement. The City Commission hereby ratifies a three (3) year Agreement with Kronos SaaShr, Inc. to provide a time and attendance software application, in an amount not to exceed Fifty-Three Thousand Seven Hundred Three Dollars($53,703.00),in addition to an amount not to exceed Twenty-one Thousand Five Hundred Two Dollars($21,502.00)as a one- R2019 Kronos Time&Attendance Page I of 2 time setup fee, bringing the total contract amount not to exceed Seventy-Five Thousand Two Hundred Five Dollars ($75,205.00), attached hereto as Exhibit"A". Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 19`x' day of Septe . .- 019. George . Scholl, Mayor ATT, S i i dal!: Mauricio Be : cur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY idid.a., d -i.,,,t, Edward A. Dion, ity Attorney Moved by: V l CC t g- SVC akt Ni Seconded by: ;©VV1.0SC.tOt•t1(L- VISC44 Vote: Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin ✓ (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra V (Yes) (No) R2019 Kronos Time&Attendance Page 2 of 2 I ///QS`,NNY 7; / • ..` V= AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH ;. ;, ,,o., ° AND KRONOS SaaShr INC. CONTRACT NO. C2019-7186 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 2- day of/LA JCr, 2019, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and KRONOS SaaShr INC.; a foreign corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 45-0474844. RECITALS WHEREAS, the City of Sunny Isles Beach is in need of a Contractor for a new Workforce Ready time and attendance software application for the City ("Services"); and WHEREAS,Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS Cobb County, GA, issued a Request for Proposals, RFP 18-6390 the procurement was titled "Workforce Management Systems and Related Products, Services and Solutions" and awarded a contract known as the Master Agreement #18221 to Contractor for those services for a period of March 18, 2019 through March 17, 2022, with renewal options, to provide such services; and WHEREAS, the City desires to enter into an agreement with Contractor, using Cobb County's bid information, to provide the Services described in Attachment "A", attached hereto and made part hereof, subject to the terms and conditions contained herein; and WHEREAS, pursuant to the City's procurement code provisions, purchases made under state, county or other governmental contracts, or competitive bids with other governmental agencies are exempt from the City's competitive bidding procedures; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Attachments "A" and "B" for a minimum annual amount of Fifteen Thousand Eight Hundred Seventy-Six Thousand Dollars ($15,876.00), annual hardware support in the amount of Two Thousand Twenty-Five Dollars ($2,025.00) and a onetime fee for hardware purchase and setup fee in the amount of Twenty-One Thousand Five Hundred and Two Dollars ($21,502.00). NOW THEREFORE, in consideration of the promises and the mutual covenants herein the parties agree as follows: TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of the Cobb County, GA RFP 18-6390 and resulting Master Kronos SaaShr Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Agreement #18221, which are specifically incorporated herein and made a part hereof as Attachment"A" (hereinafter referred to as "Contract Documents"). 3. SERVICES. Contractor shall provide the services pursuant to the terms and conditions set forth in the Cobb County, GA's Master Agreement #18221, as more particularly described in Attachment "A" (hereinafter referred to as "Services"). The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon full execution of this agreement and shall be for a term of three (3) years. The City shall have the option of renewal pursuant to the terms set forth in Attachment"A". Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement.The terms of Section 15 entitled"Compliance with Law," respectively, shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor for Services performed under this Agreement for a minimum annual amount of Fifteen Thousand Eight Hundred Seventy-Six Thousand Dollars ($15,876.00), annual hardware support in the amount of Two Thousand Twenty-Five Dollars($2,025.00)and a onetime fee for hardware purchase and setup fee in the amount of Twenty-One Thousand Five Hundred and Two Dollars ($21,502.00). Prior to exceeding the minimum annual amount, Contractor shall promptly notify the City to ensure that there is an adequate appropriation of funds available for the excess payments. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents and the schedule of charges reflected as reflected in Attachment"B", which is Contractor's proposal to the City, under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Payments shall be made only after completion of the project. If services have been rendered in conformity with the Agreement,the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. Kronos SaaSrh Inc. 2 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax The City will pay properly submitted Contractor invoices following each quarterly period within 30 (thirty) days of receipt, for completed and accepted deliveries or specified services and/or goods, unless the City notifies the Contractor in writing of the dispute, before the payment is due. c. Final Invoice. In order for both parties herein to close their books and records,the Contractor will clearly state "final invoice"on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and • liabilities caused by Contractor, its agents or employees, as indicated below: o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, • products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars($1,000,000.00)combined single limit per occurrence. o Worker's Compensation, as required by state law. Kronos SaaSrh Inc. 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax o Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence for bodily injury and property damage. o Professional Liability Insurance,with a minimum limit of not less than One Million Dollars ($1,000,000.00) per claim and aggregate for errors and/or omissions of Contractor in the performance of this Agreement Insurance required of the Contractor shall be primary to,and not contribute with,any insurance or self-insurance maintained by the City. Such -insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub-Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 9. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or Kronos SaaSrh Inc. 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Edward A. Dion City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1766 If to the Kronos SaaShr, Inc. Contractor: Vice President and General Counsel 900 Chelmsford Street Lowell, MA 01851 I 10. PUBLIC RECORDS. The Contractor agrees that if it is acting as a Contractor as defined in Section 119.0701, Florida Statutes, under this Agreement, that the Contractor comply with the following requirements: (i.) Contractor shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. (iii.)Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. (iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE .CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. Kronos SaaSrh Inc. 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 11. AUDIT. The Contractor shall make available to the City or its representative all required invoices associated with the Agreement for a period of three (3) years. 12. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status,or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees topost in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 13. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles.Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that to the best of its knowledge it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 14. PROHIBITION . AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 215.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractor must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Kronos SaaSrh Inc. 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "C". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning . the false certification. The Contractor shall have ninety(90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error,then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 15. COMPLIANCE WITH LAW. Contractor shall comply with alllaws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement("Applicable Laws")and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 16. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Attachments "A", "B" and "C". 17. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. Kronos SaaSrh Inc. 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: KRONOS SaaShr INC., __Cesitias ignature Robert el once.President Debbie Henderson Print Name ATTEST: CITY OF SUNNY ISLES BEACH If BY: 1 BY: L` Maud•io :eta cur, - '_ '�*=� - A CMC City CF. k ri or ei l�uss0, ci fry t'Tana jeY APPROVED AS TO FORM AND LEGAL SUFFICIENCY &dkii-dt.44-. B : `�� / / BY: •e •7 t Head Edward A.Dion,City Attorney Kronos SaaSrh Inc. 8 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "A" Cobb County, GA RFP and Contract #18221 Kronos SaaSrh Inc. 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "B" Proposal by Contractor to the City Kronos SaaSrh Inc. 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "C" Scrutinized Contractors Certificate Kronos SaaSrh Inc. 11 Attachment A Page 11 [ReferenceNo. o I. Reference Nrinrbcr • Reference Dcpirt. Purchasine Department Master Agreement Owner: Cobb County Board of Commissioners 100 Cherokee Street Marietta,GA 30090 Contractor. Kronos Incorporated 900 Chelmsford Street Lowell.MA 01851 Description: WORKFORCE MANAGEMENT SYSTEMS AND RELATED PRODUCTS,'SERVICES AND SOLUTIONS:The undersigned parties understand and agree to comply with and be bound by the entire contents of Sealed Bid#18--6390.. ("the.RFP")and the Contractor's Proposal submitted September27,2018 which is incorporated herein by reference. Contractor understands and agrees that insurance required in the Request for Proposals are to be kept current at all times through the length of each term and for ninety(90)days following the completion of each term.Insurance must be renewed and presented to the Owner at the time of each renewal term if Owner chooses to renew. Insurance shall be written by, a fir in acceptable to the Owner as specified in the Request for Proposals. U.S.COMMUNITIES GOVERNMENT PURCHASING ALLIANCE: Contractor agrees to enter into the U.S. Communities Administration Agreement that is included in the RFP and the memorandum of understanding with U.S. Communities("Administration Agreement").Any Public Agency,as defined in the Administration Agreement,may purchase Products and Services at the prices indicated in the Contractor's Proposal upon prior registration with U.S.Communities,and in accordance with the terns of the Administration Agreement. Teens: Mardi IS,2019 to March 17,2022 with full renewal options per the Request for Proposals.Owner shall exercise renewal options by issuance and delivery to Contractor of a written notice to renew this agreement.Orders executed with public entities in the state of Georgia shall be in compliance with multi-year contract provisions of O.C.G.A.Section 36-60-I 3.The products and services which are subject to this Master Agreement are also covered by the applicable Contractor commercial service or maintenance terms and conditions incorporated as Appendix A.The teen of the Commercial service or maintenance,terns and conditions shall be governed by that applicable order and may extend beyond the expiration date of this Master Agreement.In the event of conflicting language between the Terms and Conditions of the,Master Agreement, including the RFP.and the terms and conditionscontained in Appendix A,the Master Agreement shall prevail. Price: Prices for services and equipment.i f applicable.as stated in the Contractor's proposal BiIIi ng: For purchases made by Cobb County Government,all original invoices shall be submitted directly to the Cobb County Finance Department.Invoices shall bill only for items received during the period covered by the invoice and shall clearly identify such items in accordance with invoicing guidelines in the Sealed Bid Proposal.For purchases made by participating public agencies, the Contractor shall comply with each agency's invoicing and billing requirements outlined on the applicable order. (SIGNATURES ON NEXT PAGE) a ,i) Page I " ---- IN WITNESS,WHEREOF,this Agreement has been executed by Owner and accepted by Contractor to be effective as of the date first above written. APPROVED PER MINUTES OF COBB BOARD COUNTY OF COMMISIONERS , . :A>tia.041.• Cobb County...Expect the Best! V • , . . . Cobb County Board of Commissioners . 1* . 100 Cherokee Street .e.-4).'",,,..wil, 'V),14. .:.•1/4.) a . f.., . M 'eta,GA 30 . - - ;••,c t!:::1 7'. . 1 F ' \,/•\ % %,w • -444. (..14 5, • .,97 Q.,„f , .:-....,... , Michael H.Boyce,Chairman ' \"I) ,,.,-.1 ••CV . Cobb County Board of Commissioners l' ‘-0/•,.."-' ,N ON,4 , :?1-- "• pnViz\• , - Date Kronos Incorporated 900C ... o .S • •el,MA01:. isegearrAdiP7' Ar4Alle /' ' —.....r. Au • -. :.•• .Ag. ' Title Date FEDERAL TAX ID NUMBER ° L —Gil&9-0.9 4,)'--- . Approved as to form . 1 C1,------ Count(); tomey's oir • c? 19 Date I . Page 11 ti , Reference Number I Reference.No. \R a Reference Depart. Purchasing Department •- Master Agreement Owner: Cobb County Board of Commissioners 100 Cherokee Street Marietta,GA 30090 Contractor. Kronos SaaShr,Inc. 3040 Route 22 West,Suite 200 Branchburg,NJ 08876 • • • - Description: WORKFORCE MANAGEMENT SYSTEMS AND RELATED PRODUCTS, SERVICES AND SOLUTIONS: The - undersigned parties understand and`agree to comply with and be bound by the entire contents of Sealed Bid#18-6390 ("the RFP")and the Contractor's Proposal submitted September 27,2018 which is incorporated herein by reference. • Contractor understands and agrees_that insurance required in the Request for Proposals are to be kept current at all times• ' through the length of each term and for ninety(90)days following the completion of each term.Insurance must be renewed • • `and presented to thtime e Owner at the e of each renewal term if Owner chooses to renew. Insurance shall be written by ' a fir mi acceptable to the Owner as specified in,the Request for Proposals. - U.S.COMMUNITIES GOVERNMENT PURCHASING ALLIANCE: Contractor agrees to enter into the U.S. • Communities Administration'Agreement that is included in the RFP and the memorandum of understanding with''U.S. Communities("Administration Agreement").Any Public Agency,as defined in the Administration Agreement,may purchase Products and Services at the prices indicated in the Contractor's Proposal upon prior registration with U.S.Communities,and in accordance with the terms of the Administration Agreement. • Terms: March 18,2019 to March 17,2022 with full renewal options per the Request for Proposals.Owner shall exercise renewal options by issuance and delivery to Contractor ofa written notice to renew this agreement.Orders executed with public entities in the state of Georgia shall be in compliance with multi-year contract provisions of O.C.G.A.Section 36-60-1 3.The products and services which are subject to this Master Agreement are also covered by the applicable Contractor commercial service or maintenance terms and conditions incorporated as Appendix A.The term of the Commercial service or maintenance terms and conditions shall be governed by that applicable order and may extend beyond the expiration date of this Master Agreement.In the event of conflicting language between the Terms and Conditions of the Master Agreement,including the RFP,and the terms and conditions contained in Appendix A,the Master Agreement shall prevail. Price: Prices for services and equipment,if applicable,as stated in the Contractor's proposal Billing: For purchases made by Cobb County Government,all original invoices shall be submitted directly to the Cobb County Finance Department Invoices shall bill only for iters received during the period covered by the invoice and shall clearly identify such items in accordance with invoicing guidelines in the Sealed Bid Proposal.For purchases made by participating public agencies, the Contractor shall comply with each agency's invoicing and billing requirements outlined on the applicable order. {SIGNATURES ON NEXT PAGE) Page I ' IN WITNESS,WHEREOF,this Agreement has been executed by Owner and accepted by Contractor to be effective as of the date fist above written. APPROVED PER MINUTES OF •, - • *" •le-IIN. IA''; il 0.'' ,:\• COBB COUNTY BOARD OF COMMISSIONERS --a-----1-21=a- 1-2---. Cobb County... Expect the Best! . . ' . . Cobb CotintY Board of Commissioners ........N`" "x‘h 100 Cherokee"Street - " _,--,--.e.CO Uk"'..,, • , ,r,„.,. • ,Marietta,GA 30 c,,,, . . i • - " \,c‘- 1 k 4 41111. 1 41 . . t.,..,;... Michael H.Boyce,Chairman liy 7., \C:5...it • , . Cobb County Board of Commissioners Jo„ 1831 6...'," , litth,' COS". • - • Date. - Kronos SaaShr,Inc. 3040 Route 22 West,Suite 200 Bra. .urg, .1 0887. i 16...... Autlized Signature Title ' Da 9—i 16 i r:7 - te FEDERAL TAX ID NUMBER 45--01/7qiN Approved as to form n4,17C,± Coun 0ttorney's OM 1 3 41 iL9 Date 1 1 1 Attachment B City of Sunny Isles Police Department Workforce Telestaff Budgetary Proposal SOFTWARE �! e: �. 17it a .c ,-h. k fes, _.rta ., a. - s . �,�,� S iU ri.a t; Item • 6 x` tip € - Quantity > Total Price, Workforce TeleStaff SaaS Licenses($8 Per Employee Per Month) 110 Monthly Total $880 PROFESSIONAL SERVICES - 's * + x� „�d{ � +1'j -a;a y� [ item w ,ra �rt : rx q ,� 3 g3, �" k 4~ Total Pri• ce t Fixed Setup Fee One-time fee $5,000 Total Price $5,000 QUOTE SUMMARY ..... { r e a4 ,+ n Y'X-41 e- n .+' ., t �� ..�1, �Py„ 5ui -1: Description ? r a k _ Total Pnce _ 3 SOFTWARE(Monthly Breakdown) * $880 Total Annual Fee Year One $10,560 PROFESSIONAL SERVICES(One Time Fee) $5,000 GRANDioA:First year cost " > , $X5,560 *recurring fee Attachment C /a6j. w w `..16;41% Y'z CONTRACTOR ANTI-BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTE§215.47251 I, Robert DelPonte , on behalf of Kronos SaaShr, Inc. Print Name Company Name certifies that Kronos SaaShr.Inc. does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. Signature President Title August 27,2019 Date -• ��'1Y is<,c City of Sunny Isles Beach Gt ;..y' -.�G ti =�_+.: r�: �.. p 18070 Collins Avenue O 1Y F,r� n zi .i'-st`•; _- = S:5 : s7on1dany Isle .Beac , Fl33160 'tir -9).f o.'0 84.r (3 ) '.'1''or soN'''� (305)949.3113 Fax MEMORANDUM . . . -. TO: The Honorable Mayor and City Commission • ' VIA: Christopher J. Russo, City Manager FROM: Tiffany D. Neely, Finance Director DATE: 9/19/2019 • _ Authorizing the City Manager to enter into an Agreement • RE: with Kronos SaaShr, Inc.fora new cloud based Time & Attendance software application • 0 RECOMMENDATION: - • Staff recommends Commission approval of the attached resolution. The agreement with Kronos SaaShr, Inc. is for a Time & Attendance software application called WorkForce Ready for an initial three years with the option to renew for three (3) additional one-year periods through March 17, 2025. This agreement is piggybacking the procurement pricing from the Cobb County, GA contract #18221, awarded on March 18, 2019.. This will be a software as a service cloud application. • REASONS: The City's current time & attendance software, Stromberg, is an . antiquated software program. and will be sunsetting as of January 1, 2020: As •a result, the City must secure a new time & attendance • . 'software program. Kronos, who currently owns Stromberg, is one of the . lar9est software providers for human resources, attendance and payroll • • • . = 'applications. The City has seen a product demonstration of the time & attendance application and believes it would suit its needs as well as provide enhanced capabilities not available with the current software. I.T., CCS and Police were included in the product demonstration. The O City of Miami uses Kronos and recently switched to the software as a service cloud option. They explained that it has worked well and suited • 248 • the needs of their 5,000 employees. ADDITIONAL INFORMATION: _ 0 The timing for implementation of the Time & Attendance application is • • sometime in December 2019 as it will take approximately 3 -4 months to transition to the new software. FUNDING SOURCE: • Various accounts in the Information Technology 2019-2020 budget: 001-2-5160-434050-00000, 001-2-5160-434051-00000 and 001-2- 5160-4641.00-00000. : ATTACHMENTS: • Description Resolution Agreement . •. Proposal . : . .. Item Number: 101_ • • • • • • 249