Loading...
HomeMy WebLinkAboutReso 2025-3783RESOLUTION NO. 2025 - I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, WAIVING THE BIDDING REQUIREMENTS OF CHAPTER 62 OF THE CODE OF ORDINANCES; RATIFYING AN AGREEMENT WITH EDMUNDS GOVTECH, INC., TO PROVIDE AND MAINTAIN THE CITY'S ENTERPRISE RESOURCE PLANNING FINANCIAL SOFTWARE, IN AN AMOUNT NOT TO EXCEED SEVENTY-FOUR THOUSAND SIX HUNDRED DOLLARS AND TWELVE CENTS ($74,600.12), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") is in need of a vendor to provide and maintain the City's Enterprise Resource Planning financial software ("Services"); and WHEREAS, Edmunds Govtech, Inc. (the "Vendor") has been providing the Services to the City since 2014; and WHEREAS, pursuant to the City's procurement code, Section 62-12, "[t]he city Commission may authorize the waiver of competitive bidding procedures upon the recommendation of the City Manager that it is in the City's best interest to do so, to obtain goods and services which cannot be acquired through the normal purchasing process due to insufficient time, the nature of the goods or services, or other factors;" and WHEREAS, in order to maintain continuity of the City's existing Services, the City Manager has determined and recommends that waiver of the competitive bidding procedures is in the City's best interests; and WHEREAS, the City wishes to ratify an Agreement with the Vendor to provide the desired Services, in an amount not to exceed Seventy -Four Thousand Six Hundred Dollars and Twelve Cents ($74,600.12), 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. Waiver of Bidding Requirements. The City Commission hereby waives the bidding requirements set forth in Chapter 62 of the City's Code of Ordinances. Section 2. Ratification of Agreement. The City Commission hereby ratifies an Agreement with Edmunds Govtech, Inc., for the purchase and maintenance of the Enterprise Resource Planning financial software, in an amount not to exceed Seventy -Four Thousand Six Hundred Dollars and Twelve Cents ($74,600.12), attached hereto as Exhibit "A". Section 3. Authorization of Mayor.- The Mayor is hereby authorized to execute said agreement. @BCL@8COF78F7.doc Page 1 of 2 Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 16th day of January,,,2625. Larisa Svechin, Mayor ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Maurici Betancur, MC, City Clerk Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: hS40/9—Aeconded by: a DIQ C Vote: //////'''''' Mayor Svechin (Yes) (No) Vice Mayor Lama (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant (Yes) ✓ (No) Commissioner Viscarra 4// (Yes) (No) @BCL@8COF78F7.doc Page 2 of 2 374 Q..�r1N1" JfFfB AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND EDMUNDS GOVTECH, INC. Pta. or, H C r�..Flb0.Oti CONTRACT NO.2024-5692 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this `-Oday of la. W 2025, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and EDMUNDS GOVTECH, INC., a foreign corporation authorized to do business in the State of Florida, whose Federal Employer Identification (FEI) No. is 22-2403081 (hereinafter referred to as "Contractor"). RECITALS WHEREAS, the City is in need of a contractor to provide and maintain the City's Enterprise Resource Planning (ERP) financial software ("Services"); and WHEREAS, Contractor has been satisfactorily providing and maintaining the City's ERP financial software continuously since 2014; and WHEREAS, Contractor is qualified, willing and able to provide the Services subject to the terms and conditions contained herein; and WHEREAS, pursuant to the City's procurement code, Section 62-12, "[t]he City Commission may authorize the waiver of competitive bidding procedures upon the recommendation of the City Manager that it is in the City's best interest to do so, to obtain goods and services which cannot be acquired through the normal purchasing process due to insufficient time, the nature of the goods or services, or other factors;" and WHEREAS, the City Manager has recommended that waiver of the competitive bidding procedures as it relates to the Services, and under the terms and conditions set forth herein, are in the City's best interests; and WHEREAS, the City has conducted a good faith review of available sources and negotiation as to price, delivery and terms for the Services; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the desired Services for a total amount not to exceed Seventy -Four Thousand Six Hundred Dollars and Twelve Cents ($74,600.12); NOW THEREFORE, in consideration of the promises and the mutual covenants set forth 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, and the Contractor's fee proposal, attached hereto as Attachment "A;" 3. SERVICES. Contractor shall provide the Services, as more particularly described in Attachment "A" pursuant to the terms and conditions set forth in this Agreement. The Services EDMUNDS GOVTECH, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth herein, the term of this Agreement shall for an initial term of three (3) years, commencing January 1, 2025, and terminating on December 31, 2028, with an options to renew for three (3) additional (1) year renewal terms, at the City's sole discretion. The terms of Section 10, entitled "Indemnification and Waiver of Liability," and Section 17, entitled "Compliance with Law," shall survive termination of this Agreement. 5. COMPENSATION. During the initial term of this Agreement, the City shall pay Contractor for Services performed under this Agreement, in an amount not to exceed Seventy - Four Thousand Six Hundred Dollars and Twelve Cents ($74,600.12). Contractor agrees that there shall be no annual price increases during the initial term, and any price increases thereafter for any renewal terms shall not exceed 3% annually. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with Attachment "A," 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. Contractor shall submit invoices to the City. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. 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 Agreement number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term hereof, then this Agreement shall be terminated upon twenty (20) days written notice and the Contractor shall be compensated for the Services satisfactorily performed prior to the effective date of termination. D. 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 EDMUNDS GOVTECH, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax charges and costs have been invoiced to the City. rSince this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the Parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. - 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents or employees, as indicated below: A. Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate. B. Worker's Compensation, as required by state law. C. 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. D. Umbrella/Excess Liability Policy at a minimum of $2,000,000. 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 EDMUNDS GOVTECH, INC. 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 shall contain a waiver of subrogation endorsement. 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. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor for all unused funds. If Contractor fails, refuses or is unable to perform any term of this Agreement, the Contractor shall immediately return all unused funds to the City as of the date of termination. 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. 2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph 8A(1) and 8A(2) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in EDMUNDS GOVTECH, INC. 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 9. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to the expiration or termination of this Agreement disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 10. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. 11. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All Parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HER, EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL EDMUNDS GOVTECH, INC. 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 12. 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 electronic mail (e-mail) (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: If to the City: Stan Morris With a copy to: City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Tel: (305) 792-1766 smorris sibfl.net aboileau n nlaw.com If to the Richard Evoy Contractor: Senior Vice President 301 Tilton Road Northfield, NJ 08225 Tel: (609) 645-7333 ar(i ,edmundsaovtech.com abukharinedmunds aovtech.com 13. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform the service. B. 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. C. 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. D. 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 EDMUNDS GOVTECH, INC. 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 4tn Floor, Sunny Isles Beach, Florida 33160. 14. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 15. 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. 16. 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 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. EDMUNDS GOVTECH, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 17. COMPLIANCE WITH 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. 18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Attachment "A." 19. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors 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 company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is 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 `B." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 20. E-VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E-Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E-Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website EDMUNDS GOVTECH, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached E-Verify Affidavit, attached hereto as Attachment "C." 21. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as Attachment "D," signed by an officer or an authorized representative of the Contractor, under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. 22. 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 in duplicate on the day and year entered above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] EDMUNDS GOVTECH, INC. 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax EDMUNDS GOVTECH, INC. i d Evoy Senior Vice President STATE OF /eG . COUNTY OF 06je__ The foregoing instrument was acknowledged before me by means of �, physical presence or ❑ online notarization, this / 9 day of wry 2025, by Richard Evoy, as Senior Vice President of Edmunds GovTech, Inc.�"�" 8 (SEAL) Personally Known 1� or Produced Identification Type of Identification Produced: M. CMC City Clerk Department Head Notary Public, State off Nevr (Signature of Notary Public) l VI / 16myold - (Pri t, Ty gdbNt S 1u0V F t-Commissioneamfl)p, — _ Public) NOTARY PUBLIC STATE OF NEW JERGE i My Commission Expires Marcie '2?, goa<Y CITY OF SUNNY ISLES BEACH Stan Morris, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY4Alfain . Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney EDMUNDS GOVTECH, INC. 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment A EDMUNDS GOVTECH, INC. 11 TO: Genesis Cuevas, Purchasing Manager FROM: Edmunds GovTech, Inc. Date: November 20, 2024 RE: Sunny Isle Beach, FL - 3 year fee proposal as amendment to Contract No. C1314-023 Item/Service 2025 2026 2027 1 -FM-001 3-5--Finance Super Suite II Maintenance $ 6,580.46 $ 6,810.78 $ 7,049.16 1-FM-0007-5--Electronic Requisitions II Maintenance 2,010.04 2,080.39 2,153.20 1-PM-0851-5--Payroll II Maintenance 4,871.62 5,042.13 5,218.60 1-PM-0848-5--Human Resources II Maintenance 4,639.92 4,802.32 4,970.40 1-PM-0845-5--Employee Self -Service II Maintenance 2,635.65 2,727.90 2,823.38 1-RM-1302-5--AR & Business Licensing II Maintenance 2,131.70 2,206.31 2,283.53 1-MM-0405-5--Data Vault Maintenance 1,146.95 1,187.09 1,228.64 Total $ 24,016.33 $ 24,856.90 $ 25,726.89 The above fee proposal is for annual service periods 2025, 2026, & 2027 ("Renewal Period') The annual maintenance support service fees shall not be due and payable until January 1, 2025, and January 1st of each year thereafter. Following the Renewal Period, contract may auto -renew for 1 year annual periods. Contractor agrees that auto -renewal price increases shall not exceed 3% annual increases. Edmunds GovTech 301 Tilton Road Northfield, NJ 08225 Attn: Accounts Payable Sunny Isles Beach 18070 Collins Avenue Sunny Isle Beach, FL 33160 Thank you for your business! Please contact us at AR@Edmundsgovtech.com with questions regarding this invoice. Visit our support site www.Edmundsgovtech.com INVOICE Invoice #: 25-IN1987 Invoice Date: 10/01/2024 Payment Terms: Net 90 Due Date: 1/1/2025 Description: 2025 Software' Maintenance 1 1-FM-0013-5 Finance Super Suite II $6580.46 $6,580.46 Contract M LSW-CO046-4 I Maintenance 1 1-FM-0007-5 Electronic Requisitions II $2010.04 $2,010.04 Contract#: LSW-CO046-4 Maintenance 1 1-PM-0851-5 Payroll II Maintenance $4871.62 $4,871.62 Contract#: LSW-00046-4 1 1-PM-0848-5 Human Resources II $4639.92 $4,639.92 Contract M LSW-CO046-4 Maintenance 1 1-PM-0845-5 Employee Self -Service II $2635.65 $2,635.65 Contract #: LSW-CO046-4 Maintenance 1 1-RM-1302-5 AR & Business Licensing II $2131.70 $2,131.70 Contract #: LSW-00046-4 Maintenance 1 1-MM-0405-5 Data Vault Maintenance $1146.95 $1,146.95 Contract LSW-CO046-4 6.33 16.33 Proven Solutions That Power local Government City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment B EDMUNDS GOVTECH, INC. 12 :SUNNY 1s". O ti �n \ r i' CONTRACTOR ANTI -BOYCOTT CERTIFICATION D O n D F ~4 %s it0Pa 4 W. O iY OI fUH.�:aO. [PURSUANT TO FLORIDA STATUTE § 287.1351 I, ?chord , on behalf of �V-ncsir,6 45;WV7 Tlk, _ , Print Na ie Company Name certifies that 6o � Zv_- does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism Sectors List; and 5. Has not engaged in business operations in Cuba or Syria. Title Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment C EDMUNDS GOVTECH, INC. 13 Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E- Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E-Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E-Verify requirements. Company Name ignature Date Print Name Title 02d-,-)V00 a / Federal Employer Identification Number (FEIN) Sworn to and subscribed before me on this this jj_day of ��/ + , 20257 Is personally known to me ❑ Has produced identification (type of identification produced: L,'Sig f Ngta Public ID It 2431500 NOTARY PUBLIC STATE OF NEW JERSEY D,",y Cornmission Expires March 22, =91 Print or Stamp of Notpry Public Expiration Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment D EDMUNDS GOVTECH, INC. 14 jNNy S x fi ? K �q�yrc pia s r"pp SO4 Affidavit of Compliance with Anti -Human Trafficking Laws City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of perjury, as follows: 1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking). 2. The undersigned is authorized to execute this affidavit on behalf of Entity. Date:�rv�,Z, l' /, 2Q� Entity: �� L.1� Q-,Iwnh STATE OFIVe6l, ate, COUNTY OFXl� C Signed:--" Name: Title: �00 The foregoing instrument was acknowledged before me, by means of &&(physical presence or ❑ on1be notarization, this q day of l rtJa 2V,5 by ARr11MI—d Win' as Sr V for moDr who has produced Notary g Public Si natureL— �Vj Print Named/611/ sa":2 C who is personally known to as identification. State of Rar' 72] at Large (Seal) My com mIjssion, ". 0, T iD #k 2431550 NOTARY PUBLIC ;Tf I E OF NEW JERSEY .oJ-S/ �;y coMmIssion Expires March y 'pp t1` r c • FLO OF SUS+ p,R� 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: January 16, 2025 RE: Ratification of an Agreement with Edmunds Govtech, Inc.A for Enterprise Resource Planning (ERP) Financial Software RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: Edmunds Govtech, Inc. provides and maintains the city's ERP financial software. In 2014, via Reso 2014- 2188, the city awarded Edmunds & Associates through the Request for Proposals (RFP) process. This contract does not have any available renewals and has since expired. To maintain continuity of the city's existing financial software maintenance, the Finance Department is requesting a waiver of bid for the software subscription with this firm. This Agreement shall be for an initial term of three (3) years, commencing January 1, 2025, and terminating on December 31, 2028, with options to renew for three (3) additional (1) year renewal terms, at the City's sole discretion. The payment for the renewal subscription was due on January 1, 2025. Therefore, to avoid interruption of service, payment was processed. This agreement request is for a 3-year period from January 1, 2025 — December 31, 2028 for a total NTE amount of $74,600.12. FUNDING SOURCE: Item Number: 9.P 371 Funds have been appropriated in IT budget 001-2-5160-434051-00000. ATTACHMENTS: Resolution Agreement Item Number: 9.P 372