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HomeMy WebLinkAboutRFP 16-04-03 Employee Time and Attendance System (Final) City of Sunny Isles Beach |Request for Proposal No. 16-04-03 1 Request for Proposal Services EMPLOYEE TIME AND ATTENDANCE SYSTEM Request for Proposal No. 16-04-03 Publish Date: Proposal Due and Opening Date: 4/13/2016 5/11/2016 at 2:30 PM Pre-Proposal Conference: Where to Deliver Proposal All Questions Due: 4/22/2016 by 5:00 PM Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City of Sunny Isles Beach |Request for Proposal No. 16-04-03 2 TABLE OF CONTENTS Table of Contents....................................................................................................................... Page 2 Legal Advertisement/Notice to Proposers ..................................................................................... Page 3 Instructions to Bidder/General Terms and Conditions .................................................... Section 1, Page 4 Special Terms and Conditions ...................................................................................... Section 2, Page 9 Scope of Services / Technical Specifications ................................................................ Section 3, Page 11 Evaluation and Negotiations....................................................................................... Section 4, Page 19 Forms: Proposal Submission Form ......................................................................................... Section 5, Page 21 Attachment A – Hardware & Software Requirements .................................................................. Page 28 Attachment B – Examples of Similar Implementations ................................................................ Page 29 Attachment C – Company Profile and Time & Attendance System Details .................................... Page 30 Attachment D – Training and Technical Support Details .............................................................. Page 31 Attachment E – Maintenance and Support Agreement ................................................................ Page 32 Addenda Acknowledgement ...................................................................................................... Page 33 Affidavits ................................................................................................................................. Page 34 Non-Collusive Affidavit Public Entity Crimes Equal Opportunity / Affirmative Action Statement Conflict of Interest Statement Dispute Disclosure Form Anti-Kickback Affidavit City of Sunny Isles Beach |Request for Proposal No. 16-04-03 3 LEGAL ADVERTISEMENT NOTICE TO PROPOSERS NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Proposals for the following work as specified EMPLOYEE TIME AND ATTENDANCE SYSTEM Request for Proposal No. 16-04-03 The Request for Proposal (RFP) is available from DemandStar by calling (800) 711-1712 or by accessing their website at www.demandstar.com. The RFP may also be examined at the City of Sunny Isles Beach – Office of the City Clerk. Vendors who obtain the RFP from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their Proposal response package may be incomplete. Addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all vendors who are listed on the official list. The City may not accept incomplete proposals. Proposals shall be on a lump sum basis; segregated Proposals will not be accepted. Sealed Proposals will be received by the City Clerk no later than 2:30 PM on Wednesday, May 11th 2016 at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4 th floor, Sunny Isles Beach, Florida, 33160. Proposals received after this time will not be considered. The City is under no obligation to return Proposals. Timely submitted Proposals will be opened publicly and read aloud at this time. The envelope containing the sealed Proposal (one original and 3 copies) must be clearly marked: “IMPORTANT, PROPOSAL ENCLOSED” EMPLOYEE TIME AND ATTENDANCE SYSTEM Request for Proposal No. 16-04-03 OPENING DATE AND TIME: 2:30 PM on Wednesday, May 11th 2016 The City reserves the right to reject any or all Proposals, with or without cause, to waive technical errors and informalities, and to accept the Proposal, which best serves the interest of, and represents the best value to, the City in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. All questions regarding this RFP shall be directed in writing to Jane A. Hines, CMC, City Clerk , NO LATER THAN April 22nd 2015 BY 5:00 PM Questions may be submitted via email to: JHines@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, MMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. All Questions will be answere d in the form of Addendum that will be released a few days after the question due date listed above. Jane Hines, MMC, City Clerk City of Sunny Isles Beach City of Sunny Isles Beach |Request for Proposal No. 16-04-03 4 SECTION 1 INSTRUCTIONS TO PROPOSER / GENERAL TERMS AND CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL PROPOSALS COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY. 1.1 CLARIFICATION/EXPLANATION/QUESTIONS: Any questions concerning the proposal Specifications or any required need for clarification must be made to Jane A. Hines, CMC, City Clerk via email to: JHines@sibfl.net or via facsimile (305) 792- 1563 or via regular mail at: Jane A. Hines, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for clarification/explanation or questions must be made in writing to Jane A. Hines, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Interpretations or clarifications considered necessary by the City will be issued by addenda and posted/disseminated by DemandStar (www.demandstar.com) to all parties listed on the official plan holders’ list as having received the Bid documents. Only questions answered by written addenda shall be binding. Oral interpretations or clarifications shall be without legal effect. No plea of ignorance or delay or required need of additional information shall exempt a Proposers from submitting their Bid on the required date and time as publicly noted. 1.2 PLAN HOLDER’S LIST: As a convenience to vendors, the City of Sunny Isles Beach has made available via internet lists of all plan holders for each Request for Proposal, Request for Proposal, and request for qualifications. The information is available on-line at www.demandstar.com or by calling the Office of the City Clerk at (305) 792-1703. 1.3 ADDENDA TO SPECIFICATIONS: If any addenda are issued after the initial specifications are released, the City will post and disseminate the addenda through DemandStar. For those projects with separate plans, blue prints, or other materials that cannot be accessed through the internet, the Office of the City Clerk will make good faith effort to ensure that all registered proposers (those who have been registered as receiving a Bid package) receive the documents. It is the responsibility of the vendor prior to the submission of any Bid to check the above website or contact the Office of the City Clerk at (305) 792-1703 to verify any addenda issued. The receipt of all addenda must be acknowledged on the Bid Response Sheet. 1.4 SPECIAL ACCOMMODATIONS: Any person requiring a special accommodation at a Pre-Bid Conference or Bid/RFP/RFQ opening because of a disability should call the Office of the City Clerk at (305) 792-1703 at lease five (5) days prior to the Pre-Bid Conference or Bid/RFP/RFQ opening. If you are hearing or speech impaired, please contact the Office of the City Clerk by calling the City of Sunny Isles Beach using the Florida Relay Service which can be reached at 1(800) 955-8771 (TDD). 1.5 PUBLIC ENTITY CRIMES STATEMENT: Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida statutes -"a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, sub- Contractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.107, for category two for a period of 36 months from the date of being placed on the convicted vendor list”. 1.6 PROPOSAL DEADLINE: Proposals must be submitted no later than the time and date shown within this document. 1.7 SEALED PROPOSALS: The entire Bid Response Package shall be placed in an opaque envelope (with all items listed on the Bid checklist form and all other items required within this Request for Proposal must be executed) and submitted in a sealed envelope. 1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION: All Proposals shall be signed in blue ink. All price quotes shall be typewritten or printed with ink. All corrections made by the proposers prior to the opening must be initialed and dated by the proposers. No changes or corrections will be allowed after Bids are opened. Bids must contain an original, manual signature of an authorized representative of the company. 1.9 WITHDRAWAL OF BIDS: Proposers may withdraw Bids only by written request and shall forward the withdrawal request via “Certified U.S. Mail – Return Receipt Requested” prior to the Bid opening time. Negligence on the part of the Proposers in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. 1.10 BID OPENING: Bids will be opened publicly at the time and place stated in the Notice to Bidder. It is the responsibility of the proposers to insure that the Bid reaches the Office of the City Clerk on or before the closing hour and date stated on the Request for Proposal. After the Bid opening, the contents of the Bid Form will be made public for the information of vendors and other interested parties who may be present either in person or by representative. Bids that are received after the Bid opening time will not be considered and will not be returned. 1.11 EVALUATION OF BIDS: The City, at its sole discretion, reserves the right to inspect any/all Proposers facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Proposers, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 1.11.1 Hold Harmless: All Proposer’s shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees in reference to their decisions to reject, award, or not award a Bid, as applicable. 1.11.2 Cancellation: Failure on the part of the Proposers to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. 1.11.3 Disputes: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, the Contractor and the City department responsible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney shall resolve the dispute and send a City of Sunny Isles Beach |Request for Proposal No. 16-04-03 5 written copy of its decision to the Contractor, which shall be binding on both parties. 1.12 AGREEMENT: After the Bid award, the City will, at its option, prepare an Agreement specifying the terms and conditions resulting from the award of this Bid. The vendor will have ten (10) calendar days after notification of the award by the City to execute the Agreement and provide the required Performance Bond. The Proposer who has the Contract awarded to it and who fails to execute the Agreement and furnish the Performance Bond and Insurance Certificates within the specified time shall forfeit the Bid Security that accompanied their Bid, and the Bid Security shall be retained as liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Proposer fails to enter into the Contract and furnish the Bonds as herein before provided. Bid Security deposited in the form of a cashier’s check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. The performance of the City of Sunny Isles Beach of any of its obligations under the agreement shall be subject to and contingent upon the availability of funds lawfully expendable for the purposes of the agreement for the current and any future periods provided for within the Bid specifications. 1.13 PAYMENTS: Payment will be made after commodities/services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number. 1.14 BRAND NAMES: If a brand name, make, of any "or equal" manufacturer trade name, or vendor catalog is mentioned whether or not followed by the words "approved equal" it is for the purpose of establishing a grade or quality of material only. Vendor may offer equals with appropriate identification, samples, and/or specifications on such item(s). The City shall be the sole judge concerning the merits of items Bid as equals. 1.15 MATERIAL: Material(s) delivered to the City under this Bid shall remain the property of the seller until accepted to the satisfaction of the City. In the event materials supplied to City are found to be defective or do not conform to specifications, the City reserves the right to return the product(s) to the seller at the seller’s expense. 1.16 SAMPLES: Samples of items, when required, must be furnished by the Proposers free of charge to the City. Each individual sample must be labeled with the Proposers name and manufacturer's brand name and delivered by them within ten (10) calendar days of Proposers receipt of the “Notice to Proceed”, unless schedule indicates a different time. If samples are requested subsequent to the Bid opening, they should be delivered within ten (10) calendar days of the request. The City will not be responsible for returning samples. 1.17 QUANTITY GUARANTY: No guaranty or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting Contract or Award. These quantities are for Bid purposes only and will be used for tabulation and presentation of the Bid. The City reserves the right to increase or decrease quantities as required, even significantly. The prices offered herein and the percentage rate of discount applies to other representative items not listed in this Bid. 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Bid prior to their delivery, it shall be the responsibility of the successful Proposers to notify the City at once, indicating in their letter the specific regulation which required an alteration. The City of Sunny Isles Beach reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel at no further expense to the City. 1.19 SAFETY STANDARDS: The Proposer warrants that the product(s) supplied to the City conforms in all respects to the standards set forth in the occupational safety and health act (OSHA) and its amendments. Bids must be accompanied by a materials data safety sheet (MSDS) when applicable. 1.20 WARRANTIES: Successful Proposers shall act as agent for the City in the follow-up and compliance of all items under Warranty/Guaranty and complete all forms for Warranty/Guarantee coverage under this Contract. 1.21 COPYRIGHTS/PATENT RIGHTS: Proposer warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling of goods shipped or ordered, as a result of this Bid. The Proposer agrees to indemnify City from any and all liability, loss, or expense occasioned by any such violation. 1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE REGISTRATION): The Proposer shall be responsible for obtaining and maintaining throughout the contract period his or her city and county local business tax receipts. Each Proposer submitting a Bid on this Request for Proposal shall include a copy of the company’s local business tax/occupational license(s) with the Bid response. For information specific to City of Sunny Isles Beach local business tax/occupational licenses, please call Code Enforcement & Licensing at (305) 792-1705. If the contractor is operating under a fictitious name as defined in Section 865.059, Florida Statutes, proof of current registration with the Florida Secretary of State shall be submitted with the Bid. A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulations or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and/or proof of current active status with the Division of Corporations of the State of Florida. 1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES: Proposers shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Proposers shall be liable for any damages or loss to the City occasioned by negligence of the Proposers (or their agent) or any person the Proposers has designated in the completion of their contract as a result of the Bid. Contractor shall be required to furnish a copy of all licenses, certificates of competency or other licensor requirements necessary to practice their profession as required by Florida State Statute, Miami-Dade County, and City of Sunny Isles Beach Code. Contractors shall include current Miami- Dade County Certificates of Competency. These documents shall be furnished to the City along with the Bid response. Failure to furnish these documents or to have required licensor will be grounds for rejecting the Bid. 1.24 CERTIFICATE(S) OF INSURANCE: Proposers shall furnish to the Office of the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, certificate(s) of insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in this document, in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any Contract(s) or Award(s) Document(s). The City of Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this Bid and section. At the time of Bid submission, the Proposers must submit certificates of insurance as outlined in the General Conditions City of Sunny Isles Beach |Request for Proposal No. 16-04-03 6 section. All required insurances shall name the City of Sunny Isles Beach as additional insured and such insurance shall be issued by companies authorized to issue insurance in the State of Florida. It shall be the responsibility of the Proposers and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Proposers, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shall be submitted to the City finance support service director thirty (30) days prior to cancellation of such policies. This requirement shall be reflected on the certificate of insurance. Failure to fully and satisfactorily comply with the city's insurance and bonding requirements set forth herein will authorize the City Manager to implement a rescission of the Bid award without further City Commission action. The Proposers hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue of such rescission. 1.25 ASSIGNMENT: The Contractor shall not transfer or assign the performance required by this Bid without prior written consent of the City Manager. Any award issued pursuant to the Request for Proposal and monies which may be due hereunder are not assignable except with prior written approval of the City Manager. Further, in the event that the majority ownership or control of the Contractor changes hands subsequent to the award of this contract, Contractor shall promptly notify City in writing (via United States Postal Service – Certified Mail, Return Receipt Requested) of such change in ownership or control at least thirty (30) days prior to such change and City shall have the right to terminate the contract upon sixty (60) days written notice, at City’s sole discretion. 1.26 HOLD HARMLESS/INDEMNIFICATION: The Contractor shall indemnify, hold harmless, and defend the City of Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, their agents, servants or employees in the provision of goods or the performance of services pursuant to this Bid and / or from any procurement decision of the City including without limitation, awarding the Contract to the Contractor. 1.27 NON-CONFORMANCE TO CONTRACT: The City of Sunny Isles Beach may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within (5) calendar days by the vendor at their own expense and redelivered at their expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as its own property. Rejection for non-conformance or failure to meet delivery schedules may result in the Contractor being found in default. 1.28 DEFAULT PROVISION: In case of default by the Proposers, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Proposers responsible for any excess costs occasioned or incurred thereby. 1.29 SECONDARY/OTHER VENDORS: The City reserves the right in the event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the Contract. 1.30 DEFINITIONS: Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof: Acceptance: Acceptance by the City of the Work as being fully complete in accordance with the Contract Documents subject to waiver of claims. Agreement: The written Agreement between the City and the Contractor covering the Work to be performed, which includes the Contract Documents. Addenda: Written or graphic instruments issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or corrections. Approved: Means approved by the City. Bid: The offer of the Proposers submitted on the prescribed form setting forth the prices for the Work to be performed. Proposers: Any person, firm or corporation submitting a Bid for Work. Bonds: Bid, performance bond and other instruments of security, furnished by the Contractor and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Change Order: A written order to the Contractor signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. City: City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Contract Documents: Contract Documents shall include, Instructions to Proposers, Contractor's Bid, the Bonds, the Notice of Award, the Agreement between the City and Contractor as well as any addenda thereto, these General Conditions, Special Conditions, the Technical Specifications, Drawings and Modifications, Notice to Proceed, Request for Proposal, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Sunny Isles Beach. Contract Price: The total monies payable to the Contractor under the Contract Documents. Contract Time: The number of calendar days stated in the Agreement for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the City’s governing body. Contractor: The person, firm or corporation with whom the City has executed this Agreement. Day: A calendar day of twenty-four hours measured from midnight to the next midnight. Field Order: A written order issued by the City which clarifies or interprets the Contract Documents or orders minor changes in the Work. Modification: Modification means any one of the following: (a) a written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written City of Sunny Isles Beach |Request for Proposal No. 16-04-03 7 clarification or interpretation if issued by the City, or (d) a written order for minor change or alteration in the Work issued by the City. A modification may only be issued after execution of the Agreement. Notice of Award: The written notice by City to the apparent successful Proposers stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, City will execute and deliver the Agreement to him. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Statement of Services: The form furnished by the City which is to be used by the Contractor in requesting progress payments. Supplier: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by Contractor under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. Written Notice: The term “Notice” as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapproval’s required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the City under this Contract shall be delivered to the City. 1.31 BID AWARD: The City reserves the right to reject any and all Bids at its sole discretion. Bids shall be awarded by the City after the City performs all necessary searches, inquiries, exploration, and analysis of the Bids. The Bid shall be awarded to the lowest responsible and responsive proposer whose Bid best serves the interests of and represents the best value to the City in conformity with the criteria set forth in Section 62-8 of the City Code. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the Proposer’s capability to perform the Services as described in this RFP, ITB, RFQ or ITQ, as substantiated by the required professional experience, client references, technical knowledge and qualifications; and sufficient labor and equipment to comply with the City’s established standards, as well as the financial capability of the Proposer to perform the Work in accordance with the Contract Documents to the satisfaction of the City within the time prescribed. The City reserves the right to reject the Bid of any Proposers on the basis of these queries and investigations and who does not meet the City’s satisfaction, even though the firm may be the lowest dollars and cents Bid. In analyzing Bids, the City will also take into consideration client references, past work experience and work product, proven ability to satisfactorily perform. If the Contract is awarded, the City will issue the Notice of Award and give the successful Proposers a Contract for execution within ninety (90) days after opening of Bids. The City specifically reserves the right to award the contract to a proposer who is not necessarily the lowest dollars and cents proposers on the basis of the results of these queries and investigation(s). 1.32 EXECUTION OF AGREEMENT: At least four counterparts of the Agreement, the Performance Bond, the Certificates of Insurance and such other Documents as required by the Contract Documents shall be executed and delivered by Contractor to the City within ten (10) calendar days of receipt of the Notice of Award. 1.33 LAWS AND REGULATIONS: The Contractor will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the Specifications are at variance therewith, they will give the City prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising wherefrom. 1.34 TAXES: The City of Sunny Isles Beach is exempt from sales tax imposed by the State and/or Federal Government. Florida Sales Tax Exemption No. 23-00-477131-54C appears on each purchase order. Exemption certificates are available upon request. 1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS: In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Contractor shall defend, indemnify and hold harmless the City, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the Work described in the Contract Documents, or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor or his Sub- Contractor, agents, servants or employees. The Contractor will defend, indemnify and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, Sub-Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. In the event that a court of competent jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this Work, then in lieu of the above provisions of this section the parties agree that Contractor shall indemnify, defend and hold harmless the City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at City’s option, any and all claims of liability and all suits and actions of every name and description that may be brought against City, excluding only those which allege that the injuries arose out of the sole negligence of City, which may result from the operations and activities under this Contract whether the Work be performed by Contractor, its Sub-Contractors, or by anyone directly or indirectly employed by either. City of Sunny Isles Beach |Request for Proposal No. 16-04-03 8 1.36 DECISIONS ON DISAGREEMENTS: The City will be the initial interpreter of the Technical Specifications. 1.37 CITY MAY TERMINATE: If the Contractor is adjudged bankrupt or insolvent, or if they make a general assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the Contractor or for any of their property, or if they file a petition to take advantage of any debtor’s act, or to reorganize under bankruptcy or similar laws, or if they repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if they repeatedly fail to make prompt payments to Sub-Contractors or for labor, materials or equipment or they disregard laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if they disregard the authority of the City, of if they otherwise violate any provision of, the Contract Documents, then the City may, without prejudice to any other right or remedy and after giving the Contractor and the surety ten (10) days written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish the Work by whatever method they may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the City. Such costs incurred by the City will be determined by the City and incorporated in a Change Order. If after termination of the Contractor under this Section, it is determined by a court of competent jurisdiction for any reason that the Contractor was not in default, the rights and obligations of the City and the Contractor shall be the same as if the termination had been issued pursuant to this document. 1.37.1 Where the Contractor’s services have been so terminated by the City said termination shall not affect any rights of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys by the City due the Contractor will not release the Contractor from liability. 1.37.2 Upon ten (10) days written notice to the Contractor, the City may, without cause and without prejudice to any other right or remedy, elect to terminate the Agreement. In such case, the Contractor shall be paid for all Work executed and accepted by the City as of the date of the termination. No payment shall be made for profit for Work which has not been performed. 1.38 MISCELLANEOUS: Proposers acknowledge the following miscellaneous conditions: 1.38.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to them who gives the notice. 1.38.2 The Contract Documents shall remain the property of the City. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project. 1.38.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor and those in the Special Conditions and the rights and remedies available to the City, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 1.38.4 Should the City or the Contractor suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 1.39 WAIVER OF JURY TRIAL: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract Documents or the performance of the Work there under. 1.40 GOVERNING LAW, VENUE AND WAIVER OF JURY TRIAL: It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. In the event it becomes necessary for either party to initiate legal action regarding this Agreement venue shall be in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, for any claims under state law and in the Southern District of Florida, Miami Division, for any claims brought in federal court. If either party utilizes such legal action, including appeals, if necessary, to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs at the pretrial, trial and appellate levels. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waives the right which any party may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this Agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 1.41 PROJECT RECORDS: City shall have right to inspect and copy during regular business hours at City’s expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three years following final completion of the Project. During the Project and the three year period following final completion of the Project, Contractor shall provide City access to its books and records upon five days’ written notice. 1.42 SEVERABILITY: If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 1.43 INDEPENDENT CONTRACTOR: The Contractor is an independent Contractor under the Contract. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contractor. City of Sunny Isles Beach |Request for Proposal No. 16-04-03 9 Section 2 Special Terms and Conditions 2.1 PURPOSE OF PROPOSAL The City of Sunny Isles Beach, Florida, (the "City") a municipality located in Miami -Dade County Florida, requests qualified Proposers ("Proposers") to submit proposals for a “Non-Hosted” and/or “Hosted/Cloud Based” Employee Time and Attendance System ("System"). The contract will be awarded by the City to the Proposer whose proposal best serves the interests of, and represents the best value to, the City in accordance with the criteria set forth in Section 62-8 of the City Code. 2.2 PRE-PROPOSAL CONFERENCE A Pre-Proposal conference will not be scheduled for this RFP. 2.3 TERM Initial contract year beginning January 1, 2017, renewable annually. 2.4 METHOD OF AWARD Contract shall be awarded to the most responsible and responsive proposer whose proposal best serves the interest of and represents the best value to the City in accordance with Section 62 -8 of the Code of Ordinances of the City of Sunny Isles Beach. 2.5 PRICE If a Non-Hosted System, all software and implementation on a guaranteed maximum bid basis, maximum not to exceed price for data conversion services as necessary, and all support services on a guaranteed maximum bid basis. Support costs shall remain fixed and firm through the first three years of the contract, with adjustments thereafter not exceeding CPI measured annually. If a Hosted/Cloud-Based System, Per Employee Per Month rates (including support, maintenance and upgrades), all implementation on a guaranteed maximum bid basis, all supp ort services on a guaranteed maximum bid basis, and maximum not to exceed price for data conversion services as necessary. Per Employee Per Month rates shall remain fixed and firm through the first three years of the contract, with adjustments thereafter not exceeding CPI measured annually. Implementation and data conversion costs should be thoroughly detailed. 2.6 DELIVERY Definite Delivery 2.7 INSURANCE 2.7.1 Comprehensive General Liability Insurance Contractor shall be required to purchase, maintain, and keep in full force, effect, and good standing, Comprehensive General Liability with primary limits of One Million Dollars City of Sunny Isles Beach |Request for Proposal No. 16-04-03 10 ($1,000,000.00) during the initial and any renewal term of this Agreement. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include:  Premises and Ongoing Completed Operations – on a primary and non-contributory basis including waiver of subrogation on behalf of the City of Sunny Isles Beach.  Independent Contractors  Broad Form Property Damage  Broad Form Contractual Coverage applicable to this specific Contract, including any hold  Harmless and/or indemnification agreement  Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability 2.7.2 Workers Compensation Insurance Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of Five Hundred Thousand Dollars ($500,000.00) per accident. Contractor agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. 2.7.3 Cancellation and Re-Insurance If any insurance should be cancelled or changed by the insurance company or should any insurance expire during the period of this contract, the Contractor shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. All deductibles must be declared by the Contractor and must be approved by the City. At the option of the City, either the Contractor shall eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to the City, covering the same. 2.8 FEDERAL AND STATE REULATIONS The successful Proposer shall comply with all federal, state and local rules and regulations, and any other laws that would apply to operating a similar type of business. END OF SECTION City of Sunny Isles Beach |Request for Proposal No. 16-04-03 11 Section 3 Scope of Services / Technical Specifications 3.1 SCOPE OF SERVICES The City of Sunny Isles Beach is seeking to purchase a “Non-hosted Time and Attendance System” or subscribe to a “Hosted/Cloud Based Time and Attendance System ” either of which must integrate with the City’s Edmunds MCSJ application (current installed version 3.3). The proposed system must be one that has been implemented in a similar governmental environment of similar size and complexity as the City of Sunny Isles Beach. The City is also seeking implementation , support and data conversion services for the selected application. 3.2 INTENT The City of Sunny Isles Beach is requesting propo sals from qualified vendors for the purpose of purchasing or subscribing to an automated time and attendance system for use by the employees of the City of Sunny Isles Beach. 3.3 SCOPE OF WORK 3.3.1. The Automated Time and Attendance System must have a built-in import / export function specifically designed to interface with Edmunds MCSJ, in a Microsoft SQL Server Database environment. The vendor must provide examples where their system is currently used in a live environment to interface with Edmunds MCSJ or a similar system, and provide assurance such interface shall function to meet the needs of the City. 3.3.2. The Time and Attendance System must allow the MCSJ system to feed information into the T&A system each pay period, pertaining to Employee records, Leave accruals, Job or Pay Codes. The system must feedback to MCSJ, each pay period, all approved Time and Attendance records as approved by both Departmental Supervision and the Payroll Department. 3.3.3. The Time and Attendance System MUST provide a detailed audit trail whereby Finance / Payroll management and Audit staff may track attendance records and changes related to any individual or group timekeeping records. 3.3.4. The Time and Attendance System must provide multiple levels of supervisory approval with a workflow based oversight of groups and sub-groups within our organization. It is preferred that the supervisor be required to approve each employee’s time entry individually, not approve time entry without individual review. 3.3.5. The Time and Attendance System must provide user based security to control access to specific departments, groups, and levels of specific employee and departmental information. 3.3.6. The Time and Attendance System must allow employees and supervisors to enter multiple pay or job codes during the work day. The pay or job codes must have a relation to the City of Sunny Isles Beach |Request for Proposal No. 16-04-03 12 same job codes in the City’s MCSJ system. Preference will be given to a system which can do so without remapping or cross referencing codes. 3.3.7. The Time and Attendance System must provide for scheduling employees on multiple shifts with pay differentials or premiums. 3.3.8. The City desires an annual support/maintenance structure that will be inclusive of all future support and upgrades of the proposed system (non-hosted or hosted options, both). 3.3.9. The system must comply with all Fair Labor Standards Act and City payroll policies and procedures. 3.3.10. The City desires real-time updating of time and attendance records within the proposed solution. The method by which employees may enter time should be via Windows devices (i.e. PC, tablet), IPads or Smart Phones. Geotracking is desirable but not mandatory. 3.3.11. The system must maintain all data for inactive employees indefinitely; if archiving is required, details must be provided. 3.3.12. All data remains the property of the City and must be available for export in an open format should we ever wish to change to another system. 3.4 TECHNICAL SPECIFICATIONS 3.4.1 General The City of Sunny Isles Beach currently utilizes Stromberg Enterprise Time and Attendance application. The Stromberg system components (ETimeClock, ETimeEntry, ETimeSheets, and ESupervisor) are used to account for time for all employees of the city, as well as to track volunteer time. Stromberg is currently integrated with the City’s existing Edmunds MCSJ (ERP) system, version 3.3 (system includes Financial, Human Resource, and Payroll modules). The City of Sunny Isles Beach is seeking to replace the current Stromberg system with either a purchased non-hosted software solution or a subscription based system hosted by the vendor (i.e. “Hosted/Cloud-Based”). A. Current number of ACTIVE Full Time & Part Time employees utilizing our existing Time & Attendance System – approximately 270 (information on terminated employees is maintained indefinitely) B. Current number of ACTIVE Volunteers utilizing our existing Time & Attendance System – approximately 20 (information on terminated volunteers is maintained indefinitely) C. Current number of Supervisory or Payroll department Positions utilizing Time & Attendance software access – 60 with the potential of up to 300 simultaneous users in the system at one time. D. Current number of facility locations – 3 E. Number of Work/Pay Rules – 6 F. Number of Pay Codes – 82 G. Number of Departments – 26 H. Number of Shifts (broken by department) – 3 City of Sunny Isles Beach |Request for Proposal No. 16-04-03 13 I. Currently, City of Sunny Isles Beach generates Bi-weekly payroll; time entry/capture may be daily, weekly or bi-weekly depending on employee group(s) J. Currently utilizes activity codes, department codes and pay rules across three shifts / day for multiple facilities with independent sets of rules and job codes. K. Current system capable of supporting multiple groups of employees (including Union, Non Union salary, Non Union hourly and Per Diem) while having different shift and weekend differentials for each group. Specifically, police department has complex rules for union employees which must be accommodated. L. Current T&A system allows for the export of data into Microsoft Excel in CSV (comma separated value). M. Current system automatically accommodates changes from standard time to daylight savings time and vice versa. 3.4.2 Required Pricing 3.4.2.1 Bidders of Non-Hosted System A. Base price for core system including installation on a City provided server. If multiple servers are required, additional server pricing must be clearly identified and be included in vendors bid response. B. Price for any add-on modules required to meet the general requirements set forth by the City, and these costs are to be clearly defined in vendors bid response. C. Vendor to include the cost of any third-party software (and licensing) necessary for implementing vendors proposed Time and Attendance solution. D. Vendors will provide a level of technical/customer support to City of Sunny Isles Beach which at a minimum will provide for 8 AM – 5 PM Eastern Standard Time (M-F) phone support utilizing a toll free number. Bids will include all pricing for “Year One” Support/Upgrade and maintenance services from the “Go Live” date renewable on an annual basis. Vendors bid will clearly define the cost associated to this support and the level of service that it includes. Vendors will be required to set fixed pricing for the reoccurring Support/Upgrade and Maintenance costs for years “Two” and “Three” and provide these costs to the City with their bid recommendation. Vendors may offer higher levels of support to City of Sunny Isles Beach but as an optional cost listed outside the required bid pricing. E. Vendor to include the costs for any other required Time and Attendance related hardware, not including personal computers (i.e.: Time Clocks, Time Clock related battery backup systems, etc.). F. Final cost to include the creation of all required activity, department, group, labor, pay, and/or work rules or codes necessary to duplicate the City’s existing Time and Attendance system. This cost is to be clearly outlined in vendors bid response. G. Installation, configuration and testing of required Interface to the City’s Edmunds MCSJ Payroll/Human Resources application (installation &Testing of this payroll interface to occur on non-payroll week) H. Cost to include Training for up to 60 Time and Attendance application users & 3 IT Department staff. City of Sunny Isles Beach |Request for Proposal No. 16-04-03 14 I. Cost of any necessary data conversion(s) to move any required rules or data over to the proposed system to be included in vendors bid response. J. Vendors bid response shall be all-inclusive. Any and all expenses incurred by the bidder during the implementation of the proposed Time & Attendance System shall be the sole responsibility of the bidder. The City will not honor requests for so-called reimbursable expenses since it seeks to be provided an “All-Inclusive” bid price. K. Vendors bid response shall include the requested payment schedule. Please note the City will require the vendor agree to a holdback/final retainage payment of no less than 10% which will not be payable until satisfactory completion of installation and training has occurred, typically within 60 days after “go-live.” 3.4.2.2 Bidders of Hosted/Cloud-Based System i.e. Subscription A. Monthly per Employee/Volunteer subscription price for system access. B. Price for any add-on modules required to meet the general requirements set forth by the City, and these costs are to be clearly defined in vendors bid response. C. Vendor to include the cost of any third-party software (and licensing) necessary for implementing vendors proposed Time and Attendance solution. D. Vendors will provide a level of technical/customer support to City of Sunny Isles Beach which at a minimum will provide for 8 AM – 5 PM Eastern Standard Time (M-F) phone support utilizing a toll free number. Bids will include all pricing for “Year One” Subscription, Support/Upgrade and maintenance services from the “Go Live” date renewable on an annual basis. Vendors bid will clearly define the cost associated to this support and the level of service that it includes. Vendors will be required to set fixed pricing for the reoccurring Support/Upgrade and Maintenance costs for years “Two” and “Three” and provide these costs to the City with their bid recommendation. Vendors may offer higher levels of support to City of Sunny Isles Beach but as an optional cost listed outside the required bid pricing. E. Vendor to include the costs for any other required Time and Attendance related hardware, not including personal computers (i.e.: Time Clocks, Time Clock related battery backup systems, etc.). F. Final cost to include the creation of all required activity, department, group, labor, pay, and/or work rules or codes necessary to duplicate the City’s existing Time and Attendance system. This cost is to be clearly outlined in vendors bid response. G. Installation, configuration and testing of required Interface to the City’s Edmunds MCSJ Payroll/Human Resources application (installation &Testing of this payroll interface to occur on non-payroll week) H. Cost to include Training for up to 60 Time and Attendance application users & 3 IT Department staff. I. Cost of any necessary data conversion(s) to move any required rules or data over to the proposed system to be included in vendors bid response. J. Vendors bid response shall be all-inclusive. Any and all expenses incurred by the bidder during the implementation of the proposed Time & Attendance City of Sunny Isles Beach |Request for Proposal No. 16-04-03 15 System shall be the sole responsibility of the bidder. The City will not honor requests for so-called reimbursable expenses since it seeks to be provided an “All-Inclusive” bid price. K. Vendors bid response shall include the requested payment schedule. Plea se note the City will require the vendor agree to a holdback/final retainage payment of no less than 10% which will not be payable until satisfactory completion of installation and training has occurred, typically within 60 days after “go-live.” 3.5 DESCRIPTION OF GOVERNMENT The City of Sunny Isles Beach serves an area of approximately 1.78 square miles with a population of approximately 21,946. The City of Sunny Isles Beach's fiscal year begins on October 1 and ends on September 30. The following divisions/departments provide direct services to the citizens and their activities are accounted for through the General Fund, Special Revenue Funds, and an Enterprise Fund:  Community Development (Building, Planning & Zoning, Code Enforcement, Parking Enforcement)  Cultural and Community Services (Transportation, Parks Maintenance, Athletics, Visitor Center, CCS Administration)  Public Safety (Police, Ocean Rescue)  Public Works (Public Works Administration, Facilities Maintenance, Fleet Maintenance, Construction, Streets Maintenance, Storm water Operations) The following departments provide internal support services to the above departments. They are also accounted for through the General Fund:  City Commission  City Manager  City Attorney  City Clerk  Finance  Human Resources  Risk Management  Information Technology The City of Sunny Isles Beach does not have any Internal Service Funds. The City of Sunny Isles Beach has a total payroll of approximately $16.4 million covering two hundred seventy (270) employees. The City of Sunny Isles Beach's Government is comprised of 26 departments. The total general fund budget is approximately $57 million. More detailed information on the government and the finances can be found in the City's Adopted Budget Document, the Annual Financial Report and Code of Ordinances available in the City City of Sunny Isles Beach |Request for Proposal No. 16-04-03 16 Clerk's Office and the Finance Department, located at Sunny Isles Beac h Government Center or online at www.sibfl.net Pension Plans Component Units The City of Sunny Isles Beach is the primary reporting entity and has no other component units that fall within its governance. Finance Department Operations The Finance Department has seven employees and is headed by the Finance Director. The Finance staff positions are as follows: Function Number of Employees Finance Director 1 Assistant Finance Director 1 Senior Accountant 1 Purchasing Agent 1 Accounting Technician 2 Administrative Assistant 1 In addition, the City’s Sr. IT Analyst and IT Analyst will be available to assist as needed in providing any systems documentation and explanations. Computer Systems Virtual server running on VMWare 5.5 platform with the following specs: 2 CPU's 8 GB Memory Hard Disk 1 (C:) 40GB Hard Disk 2 (E:) 40GB Operating System: Windows 2008 R2 Standard City of Sunny Isles Beach |Request for Proposal No. 16-04-03 17 Financial Software: Edmunds MCSJ (v 3.3) Database: Separate server running SQL 2012 Daily backups onsite and offsite 3.6 PROPOSAL REQUIREMENTS AND FORMAT Submission of Proposals Proposals shall be as thorough and detailed as possible so that the City may properly evaluate the capabilities of respective vendors to provide the required system. All submittals by Proposers shall specifically address the following issues. Technical Qualifications a. Provide a brief Vendor profile, including location, the business legal status (corporation partnership, etc.), date the business was formed. b. Provide qualifications and experience of employees to be assigned to the implementation team. c. Describe the Vendor's experience in providing Time and Attendance solutions to Florida local governments. d. Indicate the Vendor's experience integrating their Time and Attendance system with MCSJ/Edmunds financial system software. Schedule for Implementation of Time and Attendance System The City of Sunny Isles Beach requests an implementation time schedule be provided by the Vendor as part of the submittal. The City’s targeted “GO LIVE” date shall be no later than January 1, 2017. (We anticipate capturing time on the new time and attendance system for the pay period beginning 1/1/2017 and ending 01/14/2017, to be paid on check date 1/20/2017). References The City of Sunny Isles Beach requests a list of a minimum of three current client references who are utilizing the system(s) being proposed, preferably similar governmental entities of similar size and complexity as the City of Sunny Isles Beach. Pricing Vendors response shall include the requested payment schedule. Please note the City will require the Vendor agree to a holdback/final retainage payment of no less than 10% which will not be payable until satisfactory completion of installation and training has occurred, typically not until 60 days after “go-live.” Pricing should accommodate normal fluctuation in number of “active” employees due to growth/changes and clearly state impacts of such. Additional Terms and Conditions There is no expressed or implied obligation for the City of Sunny Isles Beach to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. The City of Sunny Isles Beach reserves the right to reject any or all proposals submitted. Submission of a proposal indicates acceptance by the firm of the conditions contained in this RFP, unless clearly City of Sunny Isles Beach |Request for Proposal No. 16-04-03 18 and specifically noted in the proposal submitted and confirmed in the contract between the City of Sunny Isles Beach and the firm selected. END OF SECTION City of Sunny Isles Beach |Request for Proposal No. 16-04-03 19 Section 4 Evaluation and Negotiations 4.1 Evaluation Proposals will be evaluated using the following criteria. Vendors meeting the mandatory minimum criteria will have their Proposals evaluated for technical qualifications. The following represent the principal criteria that will be considered during the evaluation process. Mandatory Elements  The Vendor adheres to the instructions in this Request for Proposal for preparing and submitting the Proposal. Technical Qualifications  Vendor expertise and experience.  The Vendor’s technical experience with local government or comparable governmental units in the State of Florida  The professional competence of the implementation team assigned to the engagement.  The quality of the Vendor's support personnel to be available for technical consultation.  Information received from references regarding Vendor and assigned staff.  Information from interviews, if requested of Vendors, either in person or by telephone, if deemed appropriate by the Finance and IT teams. Schedule for Implementation Pricing Optional Elements (to be scheduled by the City as deemed relevant)  Vendor system demonstrations  On-site visits to Vendor current clients 4.2 Negotiations The City may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the Proposer’s best terms from a monetary and technical standpoint. Any Proposer recommended for negotiations may be required to provide to the City: a) Its most recent certified business financial statements as of a date not earlier than the end of the Proposer’s preceding official tax accounting period, together with a statement in writing, signed by a duly authorized representative, stating that the present financial condition is materially the same as that shown on the balance sheet and income statement submitted, or with an explanation for material change in the financial condition. A copy of the most recent business income tax return will be accepted if certified financial statements are unavailable. City of Sunny Isles Beach |Request for Proposal No. 16-04-03 20 b) Information concerning any prior or pending litigation, either civil or criminal, involving a governmental agency or which may affect the performance of services to be rendered herein, in which the Proposer, any of its employees or subcontractors is or has been involved within the last three years. END OF SECTION City of Sunny Isles Beach |Request for Proposal No. 16-04-03 21 Section 5 PROPOSAL SUBMITTAL FORM The undersigned Proposer agrees, if this Proposal is accepted, to enter into an agreement with the City of Sunny Isles Beach to perform and furnish all Services as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Proposal and in accordance with the terms and conditions of the Contract Documents. The Proposer accepts all of the terms and conditions of the Request for Proposal. This Proposal will remain subject to acceptance for 90 days after the day of Proposal opening. The Proposers agrees to sign and submit the Agreement with the other documents required by the RFP within ten days after the date of the City’s Notice of Award. In submitting this package, the Proposer represents:  The Proposer acknowledges the City has the right to reject any or all Proposals, to accept any Proposal, and to waive any informality or irregularity in the Proposals received.  The Proposer has familiarized himself/herself with the nature and extent of the Contract Documents, Work, locality, and all local conditions and law and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work.  The Proposer shall guarantee all of the Work performed under this Agreement to be done in accordance with the RFP specifications and related documents including the established schedule for implementation.  The Proposer shall obtain and maintain proper insuran ces and furnish proof of insurance.  This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Proposer has not directly or indirectly induced or solicited any other Proposers to submit a false or sham package; the Proposer has not solicited or induced any person, firm or corporation to refrain from submitting a proposal;; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposers or over the City. Proposed Time and Attendance System must be able to work effectively across a wide area network. Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ City of Sunny Isles Beach |Request for Proposal No. 16-04-03 22 Proposed Time and Attendance System must have an automated interface with our financial and payroll software, Edmunds MCSJ (in a Microsoft SQL Server Database Environment) – import/export functionality (see 3.3.1, 3.3.2). Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ The Time and Attendance system should be a scalable “off -the-shelf” stand-alone software package or hosted subscription, offering detailed, user-defined reporting and information filtering. Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Final bid pricing includes the creation of all required activity, department, group, labor, pay and/or work rules or codes necessary to duplicate the City’s existing Time and Attendance System. Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ The system must have the capability of entering/capturing/tracking/viewing employee hours and overtime in real-time (3.3.10), with a detailed audit trail (3.3.3) for management and audit purposes. Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ City of Sunny Isles Beach |Request for Proposal No. 16-04-03 23 The system must have the capability for viewing employee information by employee (i.e. leave balances, time entry, schedules, etc.) from both a computer or from an application (for IPads/smartphones) (3.3.10). Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ The system must have the capability for entering employee information by employee (i.e. time off requests, time entry) from both a computer or remotely from an application or website (for IPads/smartphones)(3.3.10). Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ The system must be able to track and allow time usage/entry for multiple types of job/pay codes (3.3.6) and multiple types of leave – vacation, sick, compensatory, floating holiday, administrative, etc - (accrued in ERP system, imported to T&A) Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ The system must allow multiple approval levels (3.3.4); system must allow supervisor to assign temporary timekeeping responsibility to another employee/supervisor. Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ City of Sunny Isles Beach |Request for Proposal No. 16-04-03 24 The system must be capable of restricting supervisor access to a specific group of assigned employees; supervisor should be able to correct a timesheet for any employee within their assigned area of responsibility, with notes of explanation for the change (3.3.5). Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ The system must allow supervisors to review and approve each in dividual timesheet. The City prefers not to have “mass” approvals (if in system, can it be blocked?) – review and individual approval is desired. Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ The system must allow for programming of adequate “payroll rules” to enforce standard timekeeping, shift and pay policies. Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ The system should have employee scheduling functionality (3.3.7), along with citywide holiday scheduling (i.e. the calendar of holidays should be programmable by employee group (full-time, part-time) to prevent incorrect time entry by employees). Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ City of Sunny Isles Beach |Request for Proposal No. 16-04-03 25 The system should have the capability to retain data for inactive or terminated employees/volunteers; it should not limit access to employee time sheet historical data, but should prevent data changes to closed/paid periods which have been exported to the ERP and finalized. Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ The system must provide the ability to export all reports and data to multiple formats (Microsoft Excel .xls (mandatory), Adobe .pdf, Text .txt) Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ The system must provide a reporting functionality that will contain a useful number of standard reports, and the ability to generate those reports through multiple criteria filters; it is desired that the system contain a query tool for custom queries and reports. Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ The system must provide adequate security to restrict employee, supervisor access (3.3.5) appropriately to their respective information and/or assigned employees; must allow for quick security changes when employees terminate to prevent access. Describe your system security capabilities. Included: ☐ Not Included: ☐ Comments:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ City of Sunny Isles Beach |Request for Proposal No. 16-04-03 26 ☐ Attachment A, Hardware & Software Requirements, completed and enclosed ☐ Attachment B, Examples of Similar Implementations, enclosed ☐ Attachment C, Company Profile and Time & Attendance System Details, included and enclosed ☐ Attachment D, Training and Technical Support Details, included and enclosed ☐ Attachment E, Maintenance and Support Agreement, included and enclosed Non-hosted software option ☐ : All required software, installation/configuration and support services etc. and in general all work required for the proper installation and maintenance of a new Time and Attendance System, which will fully integrate with the City’s Edmunds/MCSJ program will be provided at the following guaranteed maximum bid prices: All T&A system software installation/configuration services, Edmunds/MCSJ integration and year one support on a guaranteed maximum bid price of: $ All required system training for up to 60 T&A system users as well as 3 IT department staff will be provided at a guaranteed maximum bid price of: $ All required data conversion services to convert historical data in existing Stromberg system to either a historical database with read access or migrate data into new T&A system $ Total Year One purchase cost of proposed Time and Attendance system $ Year Two Annual Cost for Support/Upgrade/Maintenance Services $ Year Three Annual Cost for Support/Upgrade/Maintenance Services $ Other Costs, if any (please provide details) $ Hosted/cloud-based subscription option: ☐ All T&A system setup/configuration services, Edmunds/MCSJ integration on a guaranteed maximum bid price of: $ All required system training for up to 60 T&A system users as well as 3 IT department staff will be provided at a guaranteed maximum bid price of: $ All required data conversion services to convert historical data in existing Stromberg system to either a historical database with read access or migrate data into new T&A system $ Year One Per Employee Per Month cost of subscription (300 Users/12 months) $ Total Year One cost of proposed Time and Attendance system $ Year Two Per Employee Per Month cost of subscription (300 Users/12 months) $ Year Three Per Employee Per Month cost of subscription (300 Users/12 months) $ Other Costs, if any (please provide details) $ City of Sunny Isles Beach |Request for Proposal No. 16-04-03 27 I hereby agree to substantially complete the implementation of either option bid above in accordance with the timeline provided, with a GO-LIVE DATE no later than January 1, 2017. The undersigned certifies under penalties of perjury that this submission has been made in good faith and without collusion or fraud with any other person. In submitting this proposal, the Vendor agrees that no person acting for or employed by the City, has a direct or indirect financial interest in the proposal or in any portion of the profits, which may be derived there from. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity or group of individuals. The undersigned further certifies that he/she is a representative of the Vendor duly authorized to bind the Vendor to the terms and conditions of this proposal. Exact Legal Company Name: ___________________________________________________________ Business Name (dba), if any: ____________________________________________________________ Street Address: _______________________________________________________________________ Mailing Address (if different): ______________________________________________________________ Telephone No.: ____________________________________________________ Fax No.: __________________________________________________________ Email Address: ____________________________________________________ FEIN No.:_________________________________________________________ *By signing this document the bidder agrees to all Terms Authorized Signature: _______________________________________________ Print Name: _______________________________________________________ Title: _____________________________________________________________ THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach |Request for Proposal No. 16-04-03 28 ATTACHMENT A HARDWARE AND SOFTWARE REQUIREMENTS SERVER: Minimum Requirements: Recommended Requirements: Operating System Processor Speed Memory (RAM) Hard Drive Space RAID Requirements Other CLIENT/WORK STATION: Minimum Requirements: Recommended Requirements: Operating System Processor Speed Memory (RAM) Hard Drive Internet Browser Display Requirements Other SOFTWARE: Minimum Requirements: Recommended Requirements: (Requirements if necessary) Database Engine Other PRINTERS: Minimum Requirements: Recommended Requirements: (Requirements if necessary) City of Sunny Isles Beach |Request for Proposal No. 16-04-03 29 ATTACHMENT B Examples of Similar Implementations (preferably integrating with Edmunds/MCSJ) City of Sunny Isles Beach |Request for Proposal No. 16-04-03 30 ATTACHMENT C Company Profile and Time & Attendance System Details City of Sunny Isles Beach |Request for Proposal No. 16-04-03 31 ATTACHMENT D Training and Technical Support Details City of Sunny Isles Beach |Request for Proposal No. 16-04-03 32 ATTACHMENT E Maintenance & Support Agreement City of Sunny Isles Beach |Request for Proposal No. 16-04-03 33 ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS PROPOSAL Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS PROPOSAL COMPANY NAME: _____________________________________________________________________ SIGNATURE: ______________________________________________ TITLE: __________________________________________ DATE: ________________ City of Sunny Isles Beach |Request for Proposal No. 16-04-03 34 AFFIDAVITS NON-COLLUSION AFFIDAVIT City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA ) ) COUNTY OF _____________) The undersigned being first duly sworn as provided by law, deposes, and says: This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid. The undersigned is authorized to make this Affidavit on behalf of, _____________________________________________________________ (Name of Corporation, Partnership, Individual, etc.) a, ________________________________, formed under the laws of _____________ (Type of Business) (State) of which he is ________________________________________________. (Sole Owner, Partner, President, etc.) Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. ___________________________________ ___________________________________ AFFIANT’S NAME AFFIANT’S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of _______________________, 200_. Personally Known ________ or Produced Identification ________; Type of identification ___________________________________ (Affix seal here) ___________________________________ NOTARY PUBLIC (name printed or typed) DECEMBER 28, 2010 1 of 7 PUBLIC ENTITY CRIMES City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 11.1. This sworn statement is submitted to City of Sunny Isles Beach _____________ by____________________________________________________________________________ [print individual’s name and title] for____________________________________________________________________________ [print name of entity submitting sworn statement] whose business address is: _______________________________________________________________________________ _______________________________________________________________________________ and (if applicable) its Federal Employer Identification number (FEIN) is_____________________. (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement:_________________________________.) 11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 11.3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair DECEMBER 28, 2010 2 of 7 10/1998 market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 11.5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) ____ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: ______________________________________ (Signature) ______________________________________ (Printed Name) ______________________________________ (Title) Sworn to and subscribed before me this ______ day of_______________________, 20_____, by __________________________________________________. (AFFIX NOTARY STAMP HERE) ______________________________________ Signature: Notary Public – State of Florida ______________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ 3 of 7 EQUAL OPPORTUNITY / AFFIRMATIVE ACTION City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. Signed: ________________________________________ Title: ________________________________________ Firm: ________________________________________ Address: ________________________________________ ________________________________________ DECEMBER 28, 2010 4 of 7 CONFLICT OF INTEREST City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF ___________________ BEFORE ME, the undersigned authority, personally appeared _____________________________, who was duly sworn, deposes, and states: 18.1. I am the _________________________________________________ of __________________________________with a local office in _____________________________ and principal office in _____________________. 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. ______________ described as: Landscape Maintenance Services. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity’s submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 18.7 I certify that no member of the entity’s ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 18.8 I certify that no member of the entity’s ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. Dated this _________ day of _____________________________________, 2010. _________________________________ _________________________________ AFFIANT Print or Type Name and Title Sworn to and subscribed before me this _____ day of ______________________, 2010. ˆ Personally Known ________ OR ˆ Produced Identification ________; Type of Identification _________________________ __________________________________ NOTARY PUBLIC STATE OF FLORIDA DECEMBER 28, 2010 5 of 7 DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a “X” after “Yes” or “No”. If you answer “Yes”, please explain in the space provided, or on a separate sheet attached to this form. 19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES __________ NO __________ 19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES __________ NO __________ 19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. ________________________________________ ______________________________________ Firm Date ________________________________________ _______________________________________ Authorized Signature Print or Type Name and Title DECEMBER 28, 2010 6 of 7 ANTI-KICKBACK City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF ___________ ) I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: ________________________________ Title: ________________________________ The foregoing instrument was acknowledged before me this _____ day of __________________, 20____, by _________________________________________ [name of person], as __________________________________ [type of authority], for ________________________________ [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: _______________________________ Notary Public – State of Florida ________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ DECEMBER 28, 2010 7 of 7