HomeMy WebLinkAboutReso 2023-3536RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH
KRONOS INCORPORATED FOR STAFF SCHEDULING SOFTWARE, IN AN AMOUNT
NOT TO EXCEED NINE THOUSAND ONE HUNDRED THIRTY-EIGHT DOLLARS AND
NO CENTS ($9,138.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
MAYOR TO EXECUTE SAID AMENDMENT; 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. 2019-2180, the Commission of the
City Sunny Isles Beach ("City") ratified a three (3) year Agreement with Kronos Incorporated
("Vendor") for staff scheduling software ("Software"), in an amount not to exceed $36,680.00;
and
WHEREAS, the Agreement provided for three (3) additional one (1) year renewal options;
and
WHEREAS, on July 21, 2022, via Resolution No. 2022-3372, the City Commission approved a
First Amendment to the Agreement exercising its first of three one (1) year renewal options, in an
amount not to exceed $10,560.00; and
WHEREAS, the City being satisfied with the services of the Vendor wishes to exercise its
second 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 Second Amendment to the Agreement with
the Vendor to provide a the Software, in an amount not to exceed Nine Thousand One Hundred
Thirty -Eight Dollars and No Cents ($9,138.00), which includes a contingency in the amount of Eight
Hundred Thirty -One Dollars and No Cents ($831.00), bringing the total contract amount not to
exceed Fifty -Six Thousand Three Hundred Eighty -Seven Dollars and No Cents ($56,387.00),
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 Second Amendment. The City Commission hereby approves a Second
Amendment to the Agreement with Kronos Incorporated to provide staff scheduling software, in
an amount not to exceed Nine Thousand One Hundred Thirty -Eight Dollars and No Cents
($9,138.00), which includes a contingency in the amount of Eight Hundred Thirty -One Dollars and
No Cents ($831.00), bringing the total contract amount not to exceed Fifty -Six Thousand Three
Hundred Eighty -Seven Dollars and No Cents ($56,387.00), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
@BCL@E40BB512.Doc Page 1 of 2 186
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.
PASSED AND ADOPTED upon this 17th dWof August 20'23.
Larisa Svechi'rf, Mayor
ATTEST:^ /� APPROVED AS TO FORM
' t, :. / I AND LEGAL SUFFICIENCY:
Mau ric, _ 'Be,ta.ncurl CMC, City Clerk A ain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney --
Moved by:�°�(�5.5/(�/L Seconded by:
Vote:
Mayor Svechin(Yes) (No)
Vice Mayor Joseph lo(Yes) (No)
Commissioner Lama Yes) (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
@BCL@E40BB512.Doc Page 2 of 2 187
DocuSign Envelope ID: 61DE7FF9-A6BB-4FEE-A970-9F39F87E091F
o�SVNNY gt,�0
SECOND AMENDMENT TO THE AGREEMENT
u BETWEEN THE CITY OF SUNNY ISLES BEACH
AND KRONOS INCORPORATED
SRS 9�` FLOp'oyt
CONTRACT NO. C2019-4378
This Second Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
("City") and KRONOS INCORPORATED ("Contractor"), executed this'day of CSF , 2023, is
made a part of the original Agreement ("Agreement") dated August 29, 2019, and the First Amendment
thereto, dated November 14, 2022, between the City and Contractor, copies of which are attached hereto
collectively as Attachment "A." The City and Contractor hereby agree as follows:
RECITALS
WHEREAS, pursuant to the City's procurement code, 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, Cobb County, Georgia, issued a Request for Proposals, RFP No. 18-6390, entitled
"Workforce Management Systems and Related Products, Services and Solutions" and awarded a contract
known as the Master Agreement No. 18220 to Contractor for those Services for an initial period of March
18, 2019, through March 17, 2022, with renewal options to provide such Services; and
WHEREAS, Master Agreement No. 18220 has been extended through March 17, 2024, as set
forth in Attachment `B;" and
WHEREAS, the City wishes to continue to leverage the terms and conditions of the Master
Agreement No. 18220;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,
the parties agree as follows:
1. OPTION TO RENEW. The City hereby elects to exercise its option to renew the Agreement
for (1) one year as set forth in Section 4 of the Agreement and Master Agreement No. 18820. The
effective date of this Second Amendment shall commence on August 29, 2023, and shall terminate no later
than November 26, 2024. The parties agree that for the duration of Renewal Term of November 27, 2023
through November 26, 2024 for the Renewal Order Form attached hereto as Exhibit A ("Renewal Order
Form") the terms and conditions of this Agreement and the Master Agreement No. 18820 will survive
and continue in full force and effect with respect to the Renewal Order Form. There remains 1 one (1)
year renewal option, which may be authorized by the City Manager, provided Master Agreement No. 18220
has been extended through March 17, 2025.
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 Eight Thousand Three Hundred Seven Dollars and No Cents ($8,307.00) for the Services,
and a contingency amount not to exceed Eight Hundred Thirty -One Dollars and No Cents ($831.00), for
a total not to exceed amount of Nine Thousand One Hundred Thirty -Eight Dollars and No Cents
($9,138.00).
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.
Kronos Incorporated — Second Amendment
DocuSign Envelope ID: B1DE7FF9-A6BB-4FEE-A970-9F39F87E091F
4. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions
contained in this Second 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."
[SIGNATURE PAGE TO FOLLOW]
Kronos Incorporated — Second Amendment 2
DocuSign Envelope ID: 131DE7FF9-A6BB-4FEE-A970-9F39F87E091F
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WITNESS:
CEDocuSigned by:
,bSt L GV'alt I
DA1755C807C4B3...
Signature
Joseph Grant
Print Name
OM Analyst
ATI
BY:
RN
KRONOS INCORPORATED
Docuftned by:('�
�YZ,bYICE. V I�LIW
BY: OO
Fabrice Pajot
CITY OF
Larisa
Manager OM
Mayor
BEACH
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: &"4440
Department Head lain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Kronos Incorporated — Second Amendment 3
DocuSign Envelope ID: 61 DE7FF9-A6BB-4FEE-A970-9F39F87E091 F
Exhibit A:
vl<G
Quote#: Q-184562
Expires: 28 Aug, 2023
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
Contract Summary
RENEWAL ORDER FORM
Order Type: Renewal
Date: 11 Aug, 2023
Ship To: CITY OF SUNNY ISLES BEACH
18070 COLLINS AVE
SUNNY ISLES BEACH, FL 33160 USA
Currency:USD
Solution ID: 6095187
Quote#: Q-184562
Page 1/3
Contract Period Start Date: 11/27/2023 12:00:00 AM
Contract Period End Date: 11/26/2024 12:00:00 AM
Total Price: USD 8,306.69
The Total Price is the total billable amount (pre-tax) for the contract period listed above.
Annualized Contract Value: USD 8,304.00
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 note that this quote may include services priced for prorated periods.
V KG Kronos Incorporated, A UKG Company 900 Chelmsford Street Lowell, MA 01851 +1800 225 1561
DocuSign Envelope ID: B1 DE7FF9-A6BB-4FEE-A970-9F39F87E091 F
'* 1< G
V
SaaS Application
Product
UKG TELESTAFF BIDDING V7.1+ SAAS
UKG TELESTAFF ENTERPRISE BUNDLE V7.1+ SAAS
Total Price
121 801 USD 0.00
121 801 USD 692.22
Quote#: Q-184562
Page 2/3
USD 0.00
USD 8,306.69
USD 8,306.69
UKG Kronos Incorporated, A UKG Company 900 Chelmsford Street Lowell, MA 01851 +1 800 225 1561
DocuSign Envelope ID: 131DE7FF9-A6BB-4FEE-A970-9F39F87E091F
Quote#: Q-184562
Page 3/3
IN WITNESS WHEREOF, the parties have caused this Order to be executed by their authorized representatives and shall be effective
as of the date of the last signature below.
CITY OF SUNNY ISLES BEACH
Signature:
Kronos Incorporated
C
DocuSignedby:4,4�{[/�4Q;,�"
VIC.fl. V
Signature: �FeFooGanr�onsF o
Fabrice Pajot
Name: , 7A%,► l44PX 1015 Name:
Title: 4:--/7V MAWXQGbil- Title: Manager OM
/O� Z 3 Z 10/6/2023 1 11:32 AM EDT
Date: Date:
The monthly price on this Order 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. Nonetheless, the actual price on your invoice is the true and binding total for this Order for purposes of amounts
owed forth e term.
V KG Kronos Incorporated, A UKG Company 900 Chelmsford Street Lowell, MA 01851 +1 800 225 1561
DocuSign Envelope ID: B1DE7FF9-A6BB-4FEE-A970-9F39F87E091F
Attachment "A"
The Original Agreement & First Amendment
Kronos Incorporated — Second Amendment
DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB
s ant rasa
AOREEN It;NT BETWEEN TM CITY OF SUNNY ISLES REACH
AND KRONOS INCORPORATED
`".,°•° CONTRACT NO. C2019-4378
THIS CONTRA.CUAL A,GREEIVENT (hereinafter referred to as the "Agreement") is
made in duplicate, this '�I day of 2019, by and between the CITY•OF SUNNY ISLES
REACH, Florida, (hereinafter referred to as "City"), and KRONOS INCORPORATED, a
foreign corporation authorized to do business in the State of Florida (hereinafter r4ferred to as.
"Contractor") whose Federal I.D. # is 04-2640942.
RECYTALS
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 Belated Products, Services and
Solutions" and awarded a contract known as the Master Agreement 918220 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 minimurn annual amount of *1 en
`thousand Five Hundred Sixty Dollars (S10,560.00), with a onetime implementation fee of Five
Thousand Dollars ($5,000.00).
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
the parties agree as follows:
TERMS
L. 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
Agreemcnt #18220, which are specifically incorporated herein and made a part hereof as
Attachment "A" (hereinafter referred to as "Contract Documents").
Kranos Sncarporatcd
190
DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 94770606 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 # 18220, 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
i;lform 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. JE 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
fallowing 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.
Krams bcorpurntO 2
191
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 I 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, tabor, 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. IINI<)F.PENDEIY CO1�lT1[21�CTOR REG IQNSNIP. 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:
❑ Comprehensive General liability insurance, including broad farm 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.
❑ 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 Incorporated 3
192
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
ca Professional i..iability Insurance, with a minimum limit of not less than One
Million Dallars ($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-insut•ance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall be issuedby 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
perfbrrmed, 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 faros 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 INSURANCE
R19QIJIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE
CITY.
8 JUIUSDICTION VENUE AND WAIVER OFXURY 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 rile 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 HfEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TIZIAL $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:
Kronos lncorporatcd 4
193
DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB
Qr of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (303) 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., MA 01851
10, PUBLIC' RECORDS. The Contractor agrees that if it is acting as a Contractor as defined
in Section 119.0701, Florida Statutes, the Contractor shall comply with the following
requirements:
(i.) Contractor slrall 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 1.19, 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 TIME
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S .DUTY TO PROVIDE PUBLIC RECORDS RELAT'IN'G
TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@siibMaet,18070 Collins Avenue, 4"'
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 Incoarated 5
194
DocuSign Envelope ID: 96EC03D2452C-4728-AC18-D967CC8990EB
City of Sunny Nes Reach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949,3113 Fax
12, NON-DISCIUMI;NATION. 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 t 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 •ot' 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 hcrein, 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 part of this contract or to any benefit arising therefrom.
14. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZER
COMEPANIES. 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 ($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
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 foliowing receipt of the notice
Krone Incorporated 6
195
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
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 WI'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 PROVISIONS. The terms and, conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any oilier 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 ofthis 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 WHERROF, the parties hereto have executed this Agreement on the day
and year first written above.
Kronnq h3corporatcxl 7
196
DocuSign Envelope ID: 96EC03D2-452C-4728-AC18-D967CC8990EB
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CONTRACT AMENDMENT #4
Sealed Bid # 18-6390
Contract #18220
Reference No. _-_� 02�� (
Date of Amendment: February 6, 2023
Owner: Cobb County Board of Commissioners. Cobb County, Georgia
Contractor: Kronos Incorporated
Project: Bid # 18-6390, Workforce Management Systems and Related Products, Services and
Solutions
Current Contract Term: March 18, 2022 to March 17, 2023
This action provides written notice to renew the current contract dated March 18, 2019, for Sealed Bid
#18-6390, in accordance with the terms contained therein. It is valid when signed by both the Owner
and Contractor. The signature of the Contractor indicates his/her agreement herewith, including any
adjustments in the contract pricing, contract term, or contract scope.
Contract Extension
The County exercises its option to extend the current contract for an additional one-year period. The
effective date of the contract extension will commence on March 18, 2023 and end on March 17, 2024.
ACCEPTED - The above listed terms and conditions of this Amendment are satisfactory and are hereby
accepted.
Cobb County Board of Commission
100 Cherok4StreetMarietta, GSigned:
Lim n, Cobb
Title: County Board of Commissioners
Date: 9 1/3/2 3
Approved As To Form:
k123B C NTYATTNEY'S OFFICE
AP
" V? 0
PIAR MIN IJES OIC
C0I3B COUNTY
BOARD OF COMMISSIONERS
J� 2-Jg
CONTRACTOR
Kronos Incorporated
900 Chelmsford Street
Lowell, MA 01851
dig ned •
Director of Contracts & Procurement - Public Sector
Title:
Date: 02/06/2023
198
DocuSign Envelope ID: 131DE7FF9-A6BB-4FEE-A970-9F39F87E091F
Attachment "B"
Contract No. 18220 Amendment
Kronos Incorporated — Second Amendment
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Tiffany D. Neely, Finance Director
DATE: August 17, 2023
RE: Second Amendment with Kronos, Inc. for Scheduling Software
RECOMMENDATION:
Staff recommends approval of this resolution.
REASONS:
The Police department has been using UKG's (formerly Kronos) Telestaff scheduling software since
2019. They are satisfied with its capabilities and wish to exercise a 2nd renewal option.
ADDITIONAL INFORMATION:
This is a cloud -based software that was originally procured by piggybacking Cobb County, GA contract
#18220 through the Omnia Partners purchasing cooperative.
FUNDING SOURCE:
Funds have been appropriated in acct. 001-2-5160-434051-00000.
ATTACHMENTS:
Resolution
Second Amendment
Item Number: 10.J
185
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Tiffany D. Neely, Finance Director
DATE: August 17, 2023
RE: Second Amendment with Kronos, Inc. for Scheduling Software
RECOMMENDATION:
Staff recommends approval of this resolution.
REASONS:
The Police department has been using UKG's (formerly Kronos) Telestaff scheduling software since
2019. They are satisfied with its capabilities and wish to exercise a 2nd renewal option.
ADDITIONAL INFORMATION:
This is a cloud -based software that was originally procured by piggybacking Cobb County, GA contract
#18220 through the Omnia Partners purchasing cooperative.
FUNDING SOURCE:
Funds have been appropriated in acct. 001-2-5160-434051-00000.
ATTACHMENTS:
Resolution
Second Amendment
Item Number: 10.J
185