HomeMy WebLinkAboutReso 2022-3373RESOLUTION NO. 2022- 1v e,�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH KRONOS
SAASHR, INC. FORATIME AND ATTENDANCE SOFTWARE, IN AN AMOUNT NOTTO
EXCEED TWENTY-ONE THOUSAND EIGHT HUNDRED DOLLARS ($21,800.00),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYORTO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on September 19th, 2019, via Resolution No. 2019-2181, the Commission of the
City Sunny Isles Beach ("City") ratified a three (3) year Agreement with Kronos Saahr, Inc. for a time
and attendance software ("Software"), in an amount not to exceed $75,205.00; and
and
WHEREAS, the Agreement provided for three (3) additional one (1) year renewal options;
WHEREAS, the City wishes to exercise its first one-year renewal option; and
WHEREAS, Kronos has expressed their ability and desire to continue providing the Software
to the City; and
WHEREAS, the City now wishes to approve a First Amendment to the Agreement with
Kronos SaaShr, Inc. to provide a time and attendance software, in an amount not to exceed
Twenty -One Thousand Eight Hundred Dollars ($21,800.00), which amount includes a contingency
of Two Thousand Five Hundred Dollars ($2,500.00), bringing the total contract amount not to
exceed Ninety -Seven Thousand Five Dollars ($97,005.00), 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. Approval of First Amendment. The City Commission hereby approves a First
Amendment to the Agreement with Kronos SaaShr, Inc. to provide a time and attendance
software, in an amount not to exceed Twenty -One Thousand Eight Hundred Dollars ($21,800.00),
which amount includes a contingency of Two Thousand Five Hundred Dollars ($2,500.00), bringing
the total contract amount not to exceed Ninety -Seven Thousand Five Dollars ($97,005.00),
attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
@BCL@A005C318.Doc Page 1 of 2 166
F1
Maur%io
PASSED AND ADOPTED upon this 21s' day of July 2022.
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AND LEGA FFICIENCY:
s
r, CMC, City Clerk Edward A. Dion, City Attorney
Moved by: &qot/PIS51'1' Q%<0 . &/L/14- Seconded by: Cft-
Vote:
Mayor Goldman
(Yes)
(No)
Vice Mayor Viscarra
(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama
Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
@BCL@A005C318.Doc Page 2 of 2 167
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1F8
FIRST AMENDN ENT TO THE AGREEMENT
BETWEEN THE CITY OF SUNNY ISLES BEACH AND
KRONOS SaaShr, INC.
:Doti
CONTRACT NO. C2019-7186
This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
("City*') and KRONOS SaaShr, INC. ("Contractor"), executed this` Aday of t4 ,,
2022, is made a part of the original Agreement ("Agreement") dated August 29, 2019, between t e�C y
and Contractor, a copy of which is attached hereto as Attachment "A", The City and Contractor hereby
agree as follows,
RECITALS
1. OPTION TO RENEW. The City hereby elects to exercise its first option to renew the
Agreement for one year as set forth in Section 4 of the Agreement. The effective date of this first
amendment shall commence on August 29, 2022 and shall terminate no later than August 29, 2023,
2. ADDITIONAL COMPENSATION. Section 5 of the original Agreement between the parties
is hereby amended to include additional compensation for the one (1) year renewal term in the amount
of Twenty -Cine Thousand Eight Hundred Dollars ($21,800.00), which amount includes a contingency
of Two Thousand Five Hundred Dollars ($2,500.00).
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties, as amended, shall remain in full
force and effect.
4. CONFLICTING PROVISIONS. The , ternls, statements, requirements, and provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent term, statement, requirement, or provision contained in any other document
or attachment, including but not limited to Attachment "A".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WI'T'NESS: KRONOS SaaShr, INC.
Doeuftned by:
Signature p Cek A �,6b,
B Y : 69741407C2OD419...
Print Name Scott Giangrande
sr. order Processing Analyst
11/8/2022 1 9:51 AM EST
ATTEST CITY OF SUNNY ISLES BEACH
BY: BY:
Ae--
Ma4io eiancu CIVIC, City Cleric Dana Robin Goldman, City Mayor
KronorSaaShr,Inc. — First . akendment
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417042C1F8
BY:
Department Head
[rronos SmShr, [no, First Amendment
APPROVED AS TO E010-1 AND
LEGAL SUFFICIENCY
0 BY: !ic
Edward Dion, City Attorney
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1F8
Attachment "A"
The Original Agreement
Kronos SaaShr, [no. First Amendment
DocuSign Envelope ID: 99E6DC8E-AF5A4D76-A6AB-99417D42C1F8
T S,e
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
F ANIS ONOS SaaShr INC.
f,r,X• CONTRACT NO. C2019-7186
THIS CONTRACTUAL 4GREENWNT (hereinafter referred to as the "Agreement") is
made in duplicate, this Z~day ofi a1-'-, 2019, by and between the CITY OF SUNNY ISLES
REACH, Florida, (hereinafter referred to as "City"), and KRONOS 5aa$hr INC,, a foreign
corporation authorized to do business in the State of Florida (hereinafter referred to as
"Contractor") whose Federal T.D. 9 i 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 kids 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 Fine 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. RECI'T'ALS. 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 RPI•' 18-6390 and resulting Master
Kron -os SaaSlhr ]no,
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1F8
City of Sunny J,sles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33164
(305) 947-0606 phone (305) 949-3113 Fax
Agreement 018221, which are specifically incorporated herein and made a part hereof as
Attachment "A" (hereinafter referred to as "Contract DocumenW..').
3. SERVICES. Contractorshall provide the services pursuant to the: terms and conditions
set forth in the Cobb County, GA's Master Agreement 418221, as more particularly described iii
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, TEM. 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. "Comp) iance with Law," respectively,
shall. survive termination of this Agreement..
5. CQMPENSATION. 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 ($1.5,876.00), 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 -ane 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 is Srh Im. 2
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1F8
Cityof 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 andlor 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, permiis,
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 resolver! by agreement with Contractor. Contractor shall not pledge the City's creditor
make it a guarantor of payment or surety for any cor►tract, debt, obligation, judgment, Lien, or any
farm 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 RE, LATIONSHIP. 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 shalt have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated underthis 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 ($1,000,000:401) combined single limit
per occurrence.
o Worker's Compensation, as required by state law.
Ktmnos Sim$$ rh Inc. 3
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1F8
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 94730606 phone (305) 949-3113 Fax
u 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 ($1,000,040.00) 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 NVAIVER 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
ether 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 EXPRiSSLY
WAIVE ANY RIGHTS EITHER. PARTY MAY HAVE TO A TRIAL, BY JU'(Y 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 768.8, 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
Kranos SaaSrh Inc. 4
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1F8
City of Sunny Isles Beach 18074 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 reach, Florida 33160
Fourth Flour
lel: (305) 792-1776
Sunny Isles Beach, Florida 33164
Tel: 30S 7921766
If to the
Kronos SaaShr, Inc.
Contractor:
Vice President and general Counsel
900 Chelmsford Street
Trowell MAA 01851
10, PUBLIC_REC+DM, 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.
(W.) 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 Cootractor
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, 411
Floor, Sunny Isles Beach, Florida 33160.
KronOs SuSrh Inc. 5
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C 1 F8
City of Sunny Isles Beach 18070 Collins Avenue, Sunny isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 )~ax
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-DISCiRI]VIINATION. 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 11.063, 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 to. post 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 501 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 • CONTRACTIN+G WITH SCRUT1N1_ZKD
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 ($1,000,000) or more shall be
terminated at the City's option if it is discovered that the entity submitted false documents of
certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in
business operations in Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel hist or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Krunos saa$rh Inc.
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1 F8
MY of Survey 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 pity'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, C41V PiJANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority hawing 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. NS. The terms and conditions in this Agreement shah
supersede and farce 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. AUSCELLANE-09S.
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 some effect as though the void or unenforceable provisions
had been severed and deleted.
a. 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 ofthis 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 saai, 7-7 7
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1F8
City of Su»ny Xsigs Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 fax
AN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
on the day and year first written above.
M Y*13
A i
01 ._ Al'��i�� -
.11141A
Debbie Henderson
print Name
KRONOS Saa$hr INC:,
Rabert al ante. Pr"77
esident
ATTEST: CITY OF SUNNY ISLES BEACH
13Y. BY:
Mauri `o eta cur,,
cme city C1 _ iii - . f of I�u o� 't Y d � E' Y
APPROVED AS TO )FORM
ANO LEGAL S1JFFir,CIENCY
B _ BY: .. - ..__.._ .._
e a t Elea@ Edward A. Dion, City Attorney
xron� s�pn rte, it
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42CIF8
City of Sunny Isles Beath 18070 Collins Avenue, Sunny Isles Beach, Florida 3316,0
(305) 947-0606 phone (305) 949-3113 pax
Attachment ".A"
Cobb County, GA RFP and Contract ##18221
Kwos SuSrh Inc.
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1F8
City of Sanity Isles Beach 18070 Collins Avenue, Sunny Isles each, Florida 33160
(305) 947-0606 phone (305) 949-3113 Filx
Attachment "811
Proposal by Contractor to the City
KwGs Sa4rh Ina 10
DocuSign Envelope ID: 99E6DC8E-AF5A4D76-A6AB-99417D42C1F8
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "C"
Scrutinized Contractors Certificate
Krono5 Saa&h Inc.
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1 F8
AtWhment A
R�fefr~n�eNci" 1$-v�dt�
lttfereoee tnik.
etertireedc n. irfarthatin-Ik ttnnaq.
Mas r Agreement
Owner, Cobb County Bloatd of Cotmnissionets
140 Chemkee Street
Minicab. CA 30d90
Conimcwr: Krotras Inemparmd
900 Chelftfard Slrtd
Lowell, a'iA 01851
Page IA
N=Opnicn, %VORKFORCE MANAGEt►IE, NT SVSTE141S AND RELATED P_,IODUCfS,'SERV1C.ES AND SOLUTIONS. The
undetsipo parties un detstand and agree to comply with and be boundbythe ejuife convents of§jeiled Bid ti1$ai390
the. RFF" and the Coairactors Proposal. subudued Uptcmbes27, 2418 which is inmrpormed hereiia by teftrence,
Contrttelor trndrrstands and *gum that insurtt%e requieed�in the Requtst for Proposals ate to be kept tort'etnl at all times
through thelcpgthafpchtemomd forninety (90) days (allowing thecompletiLnofeaah'rerm Insurancemust bemmWed
and pte.5t9tic. to the Owner m the slim of wh renewal term if Owner Chooses to anew_ Insurance shall be written by,
a Or to M.4p0ble to the Owrtef as ipecificd is the Request for Proposals.
fJS C4Af MUNf7'iI S GOVERNAllEff PURCIrASINC ALLIANCE: Contractor agrees to easter into the U.S.
Cva3umanilics Adtuinisintl. 9 Agrccu;% that is ip oded in the RF.P and the memorWani of undetsrandiag with U.S-
Comnnnddts CAOininistruion Agreem�rt"), Any Public Agency, as dtf'inatl in the AdminisgWan AVttaneat; array putthase
Praducts and Services at theprices indicated in the Contract& s Proposaluponpriorregixtration with U.S. C'ominunitici, and in
ttocordpneewhh the turns of the Ad*isrration Agreemem
Teltrts: 2*Urcla 1$,10 19 tp Nt aTch,11.1022 with flail rtntwal options per the Regat a for Proposals. Owner shall euereise MMl
options by immnce at}d dclivtryg to Contractor of a wriUtn Inosite to renew this. agreement. Qtders entLmd with public entities
In thcFtam ofGoatgla "l be in complioncew4h multi-ym coantract pmvagops o(O.C.G.A. Seetiun 36-60.13. The ptoducts
aryl SCFVlcfs which are,subject to this Master AgWinept ate also covered by the applicab(p Centtactttr cootmefcial KrvkC pr
mt ntenance tG?ms and Conditions incorpgratc+J as Appetdur & The and
candilions shall be tvehtietl by That dppticabit otdcr atad taray extt!rd bcydnd the nrpiratitm date ofthis Master Agreritrettt. %
the evegt ol'tonftitting longuWgt btkwcen the i.,ms and Condition of the,Masttr Apreeupd, iruluding the RIP, and the
Price:
terms and cornditionspoatriprtl In APpC4&- A. the ly—Wa AgYmnent shall pnevatl.. �
Pates fttr services and cyuipvtcgl. [f appjieabla. as stated in the t:ant=wes proposal
Billi ttg:
For purchwesmadebyCabbCount yGov=t pj.,allafiginaI.invoicesshalljaesubntitteddirectlytotheCoblrCountyFinance
Dcpaglnrat, Invoices Shall bill only fnr i1gns reveived during the period covered by the invoice and shall clearly identi fy axh
itelras in accuatiance with ithvoicing guidNines inthfi 5salt+!! 4id Proposal, ForpurcbaSes trtadelsy panieipating public agencies,
the Contriewrshal! eumply with Bath agency✓'s invoicing and bitling mquirnnterrots outlined on the ttpplicablcorder,
iSIGNATURF-� Ojj,NEXT PA0E'r
DocuSign Envelope ID: 99E6DC8E-AFBA-4D76-A6AB-99417D42C1 F8
•; P a e
TN WffNESS, WHEREOF, this Agetaneot has been executed by Oaaer and accepted by Coottactor to be effective as ofthe dale Gtsi above written.
APPROVED
'F
PER MINUTES OF '
CORUCOU Y
BOARD OF CgMMg5sloN $
..-
r Cobb County... FjWcI Me Besd
140G Sttoel
Co '
m
OA 30 tr .:�" •
Cobb.Cotmtyr Board ofCmmnissiaaeas
Daw
MDER4TAX Ifs MMBER
O i& ft
Approved tis w form
.0,�
CCU* mmcy''s ofty
q4: P
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1F8
_Rcfereiuec IYarnber -- - --------_--
Reference N6. -�
Reftwoe Do=
Master Agreement
Owner. Cpbb Cowny ftoard oFCpmminioners
IWChaokmc Sneer
Marietta, OA 30040
Canteactoe KmnosSmShr, lnc.
.3044 Rama 22 west. SUi6 2W
stan�lbnrB,wa$>r�a
Page -11.
Description: Vi'IDmFOIfCE."i4GEE1dlim.s*5MMS Am RgATen P1tomem Sk'1 icEs AND soLdF17ow The
uadeysisrted paiileg underktind andel'aptee zoi�oply with aril btbou0 by the entire evolenut of Scaled Bed #1S� 93
"t( he RI:P'"1aud�theC4raitiactdr's Prrf stili�iucd Seplcmhcr27, 2018 wtut;h is inowp�orated iKaritt by refer�tCe. ,
Contractorurxile�staltda auul agrees'14ak fmuranca mquire+l in the RegtiM for limpotai r ars to be kept current at all times
IhrougtalhelaigtltofeaohteriaandfeTaincVOGjday's,Ib owingkheaumpktionoFpclimn,tasurancemumber=Wcd .
'Aid pstsepted'tu the owq r i t 19 lism of each renewil term if owner Chooses to renew. tostirance shxU beurritten by
£rr m noeeptable to the 111 rner ns a(leailierl in the Requeat for Proposals.
U S� Co 470NI71iLiS GDvE1tlViHl�Pr1 PURCI#ASIPtO ALLIANCR: Contractor agrees to enter io ter rho 1�,$,
Conirriuriitlr Adrnia3sitaffoat Agri ent that is inelutlesl in the RFF and the mt5rrarsndwn of uruierstauding with`'U,,
Comi,31,es i"Adttt oistrrtioit Agreenrml"}. Any Public AP, Y, as deGtud in the Administration Agre4menl, aiay grrrGh4sC
Productsaud Services at tteprfets indlcared intbtConiractnr's PropoSatuponpri�r rtgiltrutionwith U.S. Ctrmrnunities, grid iri
aCcardattce with Ihotenms o,Flhe Admirrlslration Agratirrcnt.
Terms. March 18, 3019 to Manch 17, 2022 with full renewal options per the Rc.*Imt for Proposals. Owner 11211 cxcrcise renewal
apdom by issuance and dellway to Contrictorofa wriecu notice torenew thisagprentettt. t)MM executed with public emities
in 11tstacof Gtotgkshal! be io eonrpliaacn with mulli•yearconh=i pnpvisionsofO.C.G.A. St,cfion35-60.1 3,-Tbo productac
ctrl cervices wlich arrsubject IQ t]>Fs Mosler Agrccmcm arc Am covemd by the applici6to Cnntracter comnrncia! service or
maiatcnanoa le ms and cnttdidans irtcorporatcd as Appendix A rhe 1Cnn ortbe CaoimasialstvvFpeormaigld ee terms and
conditions shall be govcmed by ibal applical le orderand may extend beyond dw expirmion date of tlis Masts Agnxurart, In
the event of nantlictin loopliap between the Tena and Conditions of the Mntcr Agtwwcnt, including Iht: RPF , and the
ttmr and cnrrditiaa9 crmlained in Appendix Ar the Master Agry anent shall pim. I
PtIce,
Prices for semices and equipment, Ifapplieable, as stated in the Conlrrctoi's proposal
0111ins:
ForpymI usesmadebyCobb County Governmcnl, all original invoecwshall be submitted dimctlyto IheCobb CaumyFinMa
Deportment. hivoiees stall bill ody forilems received during lire period covered by the invoicc and sbali cimrly identifysuch
items inaccordanCCwithiuvoicingsuidcliaminthe SczdrdBid Pmp%4, Forpurrhum rmdebyparticipatiogpublicagcncics,
Itic ConlraetarshAll comply with inch asiv C s invoicing aoii billing mgairtments aertli W an the npplicable older.
{SIGNATURES ON NEXT PAGE)
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1F8
4 Pie N� .
M WUNESS, WHEREOF, this Apce ftt W born cxec wW by Oww and ae ceptc4 by Cordwor tg be e!%stivc a5 of the dale first above wdu m,
APPROXV1 ]► .,
PER MINUr
C01IR COUNTY
Rt,4RD'OF C&PUSSM14 •t; ,
Cobb County-, Expect the Restl
Cobb 4-Unty Dn w oftemmwel
im Che6kej�Slreet=4
Marx+olf�, GA* -j
Mtc�H:13gVe, Chaimtsa
•
PtAb—
Data, .
F/E)PF,�P�1,TAX 1i'b UMBER
`, —[ r d
Approved as to form
Q
Count tcrmcy's{}
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1F8
Attachment B
City of Sunny Isles Police Department
Workforce Telestaff Budgetary Proposal
SOFMARE
PROFESSIONAL SERVICES
QUOTE SUMMARY
*recurring fee
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1F8
Attachment C
or
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
' •' �"" IPURSUANX' TO FLORIDA STATUTE § 115.4725)
I, Roben DelPome ----- ---------- on behalf Of Kronos SaaShr, fnc.
PrintName Company Name
cerlifle$ that Kronos Saar. Inc. does not,.
- — - Company ]'Name
1. participate in a boycott of Israel; and
2, Is not can the Scrutinized Companies that Boycoit Israel list; and
3, is not on the Scrotinized Companies with activities in Sudan List; and
4. Is not on the Scrutinized Companies with activities in the Iron Petroleum
Energy Sector List; and
S. Has not engaged in business operations in Cuba or Syria.
Signature
President _ .----__._---
'title
August 27, 2019 _,.,...._,.,T....,,.,-
Date
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1F8
�. 1JY < <{r City of Sunray Isles Beach
o - �
18070 Collins Avenue .. ' fI
Bdnny Isles,Beach, Florida 33180 i
A # A `O�y'14� �4� (36) 947-ueoo city Hall
r+r* of $'%404
(305) 949.3113 Bax
MEIYIORA VIDIUIYI
TO;
The Honorable Mayor and City Com TrOsi jon -
VIA:
Christopher-,. R ussp, City MEanager
FROM:
Tiffany D. Neely, Finance Qlrector
DATE:
i
9115!2019 1
Authorizing the City Manager to eater into an Agreement i
RE: • w th Kronor S'aaShr, Inc. for a l-vvcloud based Time &
Attendance software application
i
(RECOMMENDATION,
Staff recommends Commission approval of the attached resolution.
The agreement with Kronos SaaShr., Inc. is for a Time & Attendance
software application called WorkFor�e 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 #18229,
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 sofbrrare .program and will `be surisetting as of January 1,
2.020: As •a result, the City must secure a new time & attendance
-software program. Kronos, who currently omis Stromberg, is one of tho
largest toftware providers for human resources,, attendance and payroll
'applications. The City has seen a product demonstration of the time &
att6hdarice 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
City of Miami uses Krionos and recently switched to the software as a
4= service cloud option. They explained that it has worked well and suited
248
DocuSign Envelope ID: 99E6DC8E-AF5A-4D76-A6AB-99417D42C1F8
the needs of their 5,000 employees.
ADDITIONAL, INFORMATION.,
The timing for implementation of -the Time & Attendance application is
sometime In December 2019 as it wilt take approAmatefy 3 - 4 months
to transition to the new sofmara. .
FUNDING SOURCE:
Various accounts in the Information 'Technology 2.098-2020 budget:
O01 -2-5100434Q50-00000, O01-275150-434051-OOODO and 001-2-
5160464100-00000. - ' '
A11ACHIw NT :
Description
Re_ solulian
Agreemont
Proposal
Item Number, 101.
i -
249