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
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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.
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[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