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Home My WebLink AboutReso 2022-3372RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH KRONOS INCORPORATED FOR A STAFF SCHEDULING SOFTWARE, IN AN AMOUNT NOT TO EXCEED TEN THOUSAND FIVE HUNDRED SIXTY DOLLARS ($10,560.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALLTHINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 191h, 2019, via Resolution No. 2019-2180, the Commission of the City Sunny Isles Beach ("City") ratified a three (3) year Agreement with Kronos Incorporated ("Vendor") for a staff scheduling software ("Software"), in an amount not to exceed $36,680.00; 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, the Vendor 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 Incorporated to provide a staff scheduling software, in an amount not to exceed Ten Thousand Five Hundred Sixty Dollars ($10,560.00), bringing the total contract amount not to exceed Forty -Seven Thousand Two Hundred Forty Dollars ($47,240.00), 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 Incorporated to provide a staff scheduling software, in an amount not to exceed Ten Thousand Five Hundred Sixty Dollars ($10,560.00), bringing the total contract amount not to exceed Forty -Seven Thousand Two Hundred Forty Dollars ($47,240.00), 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@100C7364.Doc Page 1 of 2 184 PASSED AND ADOPTED upon this 2111 day of July 2022. 1---- -.1 Dana Robin Goldman, Mayor ATTEST i APPROVED AS TO FORM AND LEGA UFFICIENCY: Mau iciN Be ancur, CMC, City Clerk l.rEdward A. Dion, City Attorney t � r Moved by:(�/✓I 41YA Seconded by:IL Vote: Mayor Goldman ��(Yes) (No) Vice Mayor Viscarra Yes) (No) Commissioner Joseph Yes) t(yes) (No) Commissioner Lama Yes) (No) Commissioner Stuyvesant (No) @BCL@100C7364.Doc Page 2 of 2 185 DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB r wN* rrf FIRST AMENDMENT TO THE AGREEMENT rim BETWEEN THE CITY OF SUNNY ISLES BEACH AND KRONOS INCORPORATED CONTRACT NO. C2019-4378 This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City") and KRONOS INCORPORATED ("Contractor"), executed this J A§hday of 2022, is made a part of the original Agreement ("Agreement") dated August 29, 2019, between the City 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 an amount not to exceed Seven Thousand Nine Hundred Eighty -Seven Dollars and Twenty Cents ($7,987.20), for the Services more particularly described in Attachment "B". 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 terms, 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. WITNESS: KRONOS INCORPORATED Signature Print Name j ATTEST: BY: Mauridtio I .5DocuSipedby: U* G+a�aan,k 13Y697414=200419... 1irC7fliffi Scott Giangrande sr. order Processing Analyst 11/8/2022 1 9:50 AM EST CITY OF SUNNY ISLES BEACH BY; 44=77 CMC, City Clerk Dana Robin Goldman, City Mayor Kronos Incorporated •- First Amendment DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB BY: Department Head Kronos Incorporated — First Amendment APPROVED AS TO FORM AND LEGAL SUFFICIENCY 0C BY: V%.,, Edward Dion, City Attorney DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB Attachment "A" The Original Agreement Kronos Incorporated — First Amendment DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB 5 piWr f,,,, '= AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND KRONOS INCORPORATED °•0 CONTRACT NO. C2019-4378 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made is duplicate, this ' `� day of_ 4i2019, by and between the CITY 'OF SUNNY !SEES REACH, Florida, (hereinafter referred to as "Cit)e'), and KRONOS INCORPORATED, a foreign corporation authorized to do business in the State of Florida (hereinafter referred to as. "Contractor") whose Federal I.D. # is 04-2640942. RECffALS WHEREAS, the City of Sunny Isles Beach is in need of a Contractor for Workforce Telestaff scheduling software 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 #18220 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':1'en Thousand Five Hundred Sixty Dollars ($10,560.00), with a onetime implementation fee of Five Thousand Dollars ($5,000.013). 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 Agreement #18220, which are specifically incorporated herein and made a part hereof as Atrachmene "A" (hereinafter referred to as "Contract Documents"). 1Cranos Sncarporaica DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 3. SERVICES. Contractor shall provide the services pursuant to the terms and conditions set forth in the Cobb County, GA's Master Agreement 418220, 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-imm6diately 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 perfionned, 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 Sections 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, a minimum annual amount of Ten Thousand Five Hundred Sixty Dollars annually ($10,560.00), with a onetime implementation fee of Five Thousand Dollars ($5,000.00). 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. 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. Knees hicorpon*d 2 DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. [NOP.PENDENT CONTRA: TOR RCL _IONSNIP. 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 Agreemont, 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: ❑ 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 Iiinits of One Million Dollars ($1,000,000.00) combined single limit per occurrence. ❑ Worker's Compensation, as required by state law. ❑ 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. Kronos rneorporatcd 3 DocuSlgn Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB Cray of Sunny Isles Beach 18074 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax o Professional i..iability 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 designeq. 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 INSUP.ANC:E RCQUIREMEI\TS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY, 8 JUIUSDICTION. VENUE AND WAIVER OF .TURY 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 terns 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 E-NTERING INTO THIS AGRUMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL $Y 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 registered mail, first class postage prepaid, return receipt requested or by overnight, delivery by traditionally recognized courier service), addressed to such party as follows: Kranos Ineorporatcd 4 DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB CI(v of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Reach, Florida 33160 (305) 947-0606 phone (305) 949.3113 Fax 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 Contractor: .Kronos Incorporated Vice President and General Counsel 900 Chelmsford Street Lowell, NIA 01851 10. PUBLIC' RECORDS. The Contractor agrees that if it is acting m a Contractor as defined in Section 119.6701, Florida Statutes, the -Contractor shall comply with the following requirements: (i.) Contractor shall keep and maintain public records required by the City to perfontt 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. (fli.) 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, CityC:lerk a@lsiibfl.net,18070 Collins Avenue, 0 Floor, Sunny Isles Beach, Florida 33160. 11. AUS. 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. Kronos Incorporated 5 DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949,3113 Fax 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 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 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 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 guarantccs that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or pact of this contract or to any benefit arising therefrom. 14. PROHIBITION AGAINST CONTRACTING WITR SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 215.4725, contracting with any entity that is listed ori 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 (51,000,000) 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 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 Krone Incurporated 6 DocuSign Envelope ID: 96EC03D2-452C-4728-AC 1 8-D967CC8990EB City of Sunny Isles Beach 18070 Collins Avenue, Sunny isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. CQMPLIANCE WJ F14 LAW. Contractor shall.comply with all laws, 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 FROVIfflMS. 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", `4B** and 44C.". 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. Kranoa 7 DocuSign Envelope ID: 96EC03D2452C-4728-AC18-D967CC8990EB c1q, Si in lsle,F -B-000-6 100.76. 0,d11ihi.AVAfth6j:Sunny bles Bes6h, Florida 331.60 phgneY 94 beigle.'Hardow6n PAU Mifilid KRONOSJNCORP-ORATEDp ChtiLf Rgygm1aeQjrRPr CITY '.OF SUNNY ISLES BEACH' .!.�-- . [.Ili APPROVED'AS T.O..FOR M Edward A. TN*.iQh Att' ir" Romagey, DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3.113 Fax Attachment "A" Cobb County, GA RFP and Contract #18220 Kronos Incorporated 9 DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB City of Sunny Isles Beach 18070 Collin's Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "B" Proposal by Contractor to the City Kronos Incorporated 10 DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB 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 Incorporated II DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB Attachment A -Page (1 �tetefertde No Rcfcrcrrce.. intlxr - �—:_�"_.r Referimee De` M. 1. Purchasin"IIe ntcnl Master Agreement Owner: Cobb Cobray Board of Commissioners 100 Cherokee Street Mgtiega, GA 30090 Contraetur. Kronos Incorporated 900 Chelmsford Street Lowell, MA 01851 Description: WORKFORCE 111ANAGE111ENT SYSTl;DiS AND RELATED PRODUCTS ,''SE'tRVICE$ AND SOLUTIONS: The undersigned parties understand and agree to comply with and be bound by the eptire contents of Sealed Bid (118-6390. ("the, RFP; DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB Page 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 COUNTY BqR^fD�O,F�COMM.MIONEM ` Cobb Cofrnty... Bxpecs the B. est! Cobb County Board of Commissioners ' ' ; CO U� 100 Cherokee Sweet Michael H. Boyce, Chaiimau : !fid , • �p Cobb County Board ofCommissiouas --'s, - Date eoo c s _ e MA01 AuKized SizFQuig- I Iff oZ _ Date FEDERALTAX ID NUMBER Approved as to form ,r County Date DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB ReferenceNumber I _ Reference Deport. I PurchashmDepartment Master Agreement Page 11 Reference No. Owner: Cobb County Board of Cornhtissioners 100 Cherokee Street Marietta, GA 30090 Contractor. Kmnos SaaShr, Inc. 3040 Route 22 West, Suite 200 Bwnbbbmg, N) 08876 Description: WORNFORCE.MANAGEMFNC SYSTEMS AND RELATEQ PRODUCTS, SERVICES AND SOLUTIONS: The dodersigried paries understand jdnd agr a to comply with and be bound by the entire contents of Sealed Bid #I9-6390 ("the RFP") and the Contractors Prbposal •submitted September 27, 2018 which is incorporated herein by reference. ' Cdnti;k6r tinderstartils Q.agn:es that insurance required in the Request for Peoposals'are to be kept current at all times I the leagIlbofraefi tiara snit for ninety (90) days following the compldion of each term Insuranbe must be renewed . apd preseated to Uta Owner at the time of each renewal term if Owner chooses to renew. Insurance shall be written by #r m acceptable to the Owner as specified in the Request for Proposals. U.S. COMMUNITIES COV61NIMENT PURCHASING ALLIANCE: Contractor agrees to enter into the U.S.- •Comn►nnides Administration'Agreement that is included in the RFP and the memorandum bf understanding wiih' U.S. mmu Conities ("Administration Agrcument"). Any Public Agency, as defined in the Administration Agreement, my 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 Rill renewal options per the Request for Proposals. Owner shall exercise renewal options by issuance and delivery to Contractorof a written notice to renew this agreement. Orders executed withpublic entities in the state of0corgin shall be in compliance with multi-year contract provisions of O.C.G.A. Section 36{0-13. The products and services which are subject to this Master Agreement are also covered by the applicable Contractor commemiol service or maintenance tents acid conditions incorporated as Appendix A. The term of the Commercial service ormakk=nce 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 Tents 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 rorservices and equipment, if applicable, as stated in the Contractor's proposal Billi ng: Forpurchoses mpdeby Cobb Count y 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 idendfy, such iterns in accordance with invoicing guidelines in the Sealed Bid Proposal. For purchases made by participating public agencies, the Contractor shall comply with each agcircy' s invoicing and billing requirements outlined on the applicable order. (SIGNATURES ON NEXT PAGE) DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB Page M WITNESS, WHEREOF, Ihis Agreement has been executed by Owner and accepted.by Contractor to be effective as of the date first above written. APPROVED PER MINUTES OF COI)B COUNTY BOARD OF CbMt1M11$S►0NER5 "p Cobb County..Expect the Best! . p Cobb dm4 Board of Commmoners COU ' A001^haokeeSttped, �� Nj� til; let'a: GA 30.:. _ •.� 141 It P �1.\sir s " Michael H. Boyce, C-4ninuan Cobb. County Bcard of Coihmissioo Pati Rioaos SaaSiir, Inc. FEDERAI.TAX IDNILYMBER q;j 0V7g8'S Apprrtivod as to form Count ttomey's Ofti Date DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB Attachment B City of Sunny Isles Police Department Workforce Telestaff Budgetary Proposal SOFTWARE PROFESSIONAL SERVICES Fee One-time fee $5,000 Total Price $5.000 QUOTE SUMMARY *recurring fee DocuSign Envelope ID: 96EC03D2452C-4728-AC18-D967CC8990EB �Attachin�eit :C CONTRACTOR- ANT-1-IBOY.C, OT -T- CERTIFICATION 1-9 .John -atritu tncoiporated ce-fifidi t sonos.-Incanwalted Oeo '40t,,' T K compowmu� gipa or 0 -2. Is* otLon.tr.,a- , dinj d Cbinpaiiibs'thit'B�yd6tt.IpT*gI Vqfiand 3. Is. kgtgft.thq"SqM, t"tzqQI QMp O-wtib MOVRics. in - Wan t 0. gnd 4, Isvotaff ihoS."drufffii-bed' Companies wifhAdVideb Petroleuiti Energy' -Y*96.Ctdt Uri. ba 5-'; 'Has -not eoggoqd innbi tkqp e o , y 4C( qgpp. Cu r . -ChlifRevenue Officer Tittbl. -A I h I DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB O� y�NNY Id��o City of Sunny.••lsles Beach 18070 Collins Avenue v Sunny Isles i3each, Florida 33160 "y� °ir, {`oAi°a,a• (305) 947.0606 City Hall (305) 949-3113 Fax MEMOBW' uM i TO: The Honorable Maybr 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, Inc. for a New Cloud Eased Scheduling Software Application i RECOMMENDATION: O ` Staff recommends Commission approval of the attached resolvtion. The agreement with Kronos, Inc. is for a new scheduling software application piggybacking procurement pricing based upon the Cobb County, GA contract #18220, awarded on March 18, 2019. REASONS: Police and Ocean Rescue are in need of a scheduling application i which the City does not currently have. Kronos has two applications, TeleStaff and Workforce Ready Scheduler. TeleStaff is the more robust software of the' two and a product demonstration was held on July 12, 2019 to evaluate both applications. The Police personnel in attendance selected the TeleStaff scheduling software. ADDITIONAL INFORMATION: FUNDING SOURCE: I Accounts in the Information Technology 2019-2020 budget: 001-2- 5160-434050-00000 and 001-2-5160-434051-00000. 232 DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB Attachment °B" Renewal Order Form Kronos Incorporated — First Amendment DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB i,i I < G Quote#: 0-113836 Expires: 28 Aug, 2022 Bill To: CITY OF SUNNY ISLES BEACH 18070 COLLINS AVE SUNNY ISLES BEACH, FL 33160 USA Bill To Contact: Payment Terms: Net 30 Days Customer PO Number: Renewal Term: 12 months Billing Frequency: Monthly Billing Type; Arrears Order Notes: By signing this order Customer agrees to the decrease in licenses UKG Teiestaff Bidding V7,1+ SAAB 110 to 80 UKG Telestaff Enterprise Bundle V7,1+ SAAS 110 to 80 RENEWAL ORDER FORiM Order Type: renewal Date: 20 Oct, 2022 Ship To: CITY OF SUNNY ISLES BEACH 18070 COLLINS AVE SUNNY ISLES BEACH, FL 33160 USA Currency:USD Solution ID: 6095187 Quote#: Q-113836 Page 113 Contract surrmAry Contract Period Start Date: 1112712022 12:00:00 AM Contract Period End Date: 1112612023 12:00:00 AM Total Price: USD 7,987.20 The Total Price Is the total billable amount (pre-tax) for the contract period listed above. Annualized Contract Value: USD 7,987.20 The Annualized Contract Value is the value of the contract if all services are priced for 365 days. The Annualized Contract Value does not include estimated tax. Please nate that this quote may include services priced for prorated periods. UKG Kronor Iarorpnramd, A UKG Company 900 Chelmsford wear I awell, MA 01851 1-1800 M 1561 DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB UO K G SaaS Amlication Quote#: Q-113636 Page 213 UKG TELESTAFF BIDDING V7.1+ SAAS 121 801 USD 0.00 1 USD 0.00 UKG TELESTAFF ENTERPRISE BUNDLE V7,1+ SAAS 12 80 USD 665.60 USD 7,987.2D Total Price I I I I USO 7,987.20 KG Kronor Incnrpnrated, A LIKti Cornpany 9(10 0pimsford weer 1 nwefl, Mr101851 +1 H110 ).25 15G1 DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB Kronos Signature: Signature: Nanne: Name: Title: Effective Date: Title: Effective Date: Quote#: Q-113836 Page 313 Invoice amount will reflect deposit received. All professional services are billed as delivered with payment due, in accordance with the Payment Term set out in this Order Form. Unless otherwise indicated above, this order Is subject to the relevant Kronos Terms and Conditions executed between the parties. THIS ORDER IS SUBJECT TO APPLICABLE TAXES. THE ACTUAL TAX AMOUNT TO BE PAID BY CUSTOMER WILL BE SHOWN ON CUSTOMER'S INVOICE, Shipping and handling charges will be reflected on the final invoice. The Monthly Price on this Order Form has been rounded to two decimal places for display purposes. As many as eight decimal places may be present in the actual price. Due to the rounding calculations, the actual price may not display as expected when displayed on your Order Form. Nonetheless, the actual price on your invoice is the true and binding total for this order for purposes of amounts owed for the term. If you are tax exempt; please provide a copy of your'Tax Exempt Certificate" with your signed quote. ii KG Kronos Incorpnrateii, A UKC; Company 900 Chelmsrord Street Lowell, MA t11RS1 +1 800 225 1561