US eDirect 1of2 (2)CITY OF SOUTH MIAMI
INVITATION TO QUOTE
So Miami
ITQ #PR2014 -07
South LUMP SUM PROPOSAL
SUBMITTED TO: City Clerk PROJECT:
NAME: Maria Menendez, CIVIC
ADDRESS: 6130 Sunset Drive
CITY /STATE: Miami, Florida 33134
PHONE: 305 - 663 -6339
MANDATORY PRE -QUOTE MEETING:
QUOTE SUBMISSION REQUIREMENTS:
N/A
Recreation Operations Management
Software
ADDRESS:
6130 Sunset Drive
CITY /STATE:
South Miami, Fl 33143
ISSUE DATE:
Wednesday, April 23, 2014
E -MAIL:
skulirkl`ascuthmiamiff.goy.
W
DUE DATE:
Thursday, May B, 2014
Quotes submitted after 10 AM on the due date will not be accepted unless otherwise specified in the quote document
of a time change. All quotes will be submitted to the City Clerks Office in a sealed envelope. The label on the on the
envelope needs to read as follows:
City of South Miami
Maria M. Menendez, CIVIC
6130 Sunset Drive
South Miami, Fl. 33143
Project Name: Recreation Operations Management Software
Must input project name. If label does not have all information above your quote will not be accepted.
INSURANCE REQUIREMENTS:
The CITY'S insurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a
certificate of insurance namingthe city as additional insured.
AFFIDAVITS REQUIRED WITH SUBMITTAL: (Exhibit 2)
Respondents must complete and submit with your quote affidavits provided in Exhibit 2.
QUESTIONS:
Any Requests for additional information or questions must be in writing, emailed by 10 AM local time on May 6, 2014 to the
attention of Mr. Steven Kulick, Purchasing Manager at skulick @ south miamifLgov.
SCOPE OF WORK DESCRIPTION TO BE COMPLETED BY CITY):
DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR:
Item Number
Item Description
Unit
Qty
Amount
516 - 767 -2876
Refer to "Scone of Services," Cop► Attached
1 13515805
City: Port Washington State: NY 11050
See attached Cost PrD osal
LUMP SUM TOTAL
Contractor shall turnish all materials and equipment necessary To secure completion or Me wor K. wnu dLwi bndn —
compensated according to the quote submitted. Contractor may choose to submit a quote on company letterhead but must be
attached to this form. No Mandatory Pre -Quote Meeting is scheduled. Deadline to submit is: May 8,2014 at 10 AM.
Print/Type Name: Tony Alex
Signature:
E -mail: talex (Wua
Firm Name:
Address:
US
8 Haven Avenue Suite 209
Phone:
516 - 767 -2431
Date:
05/06/2014
Fax:
516 - 767 -2876
F. E. 1. N. No.:
1 13515805
City: Port Washington State: NY 11050
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. THE CITY's REQUEST FOR QUOTES IS FOR THE LOWEST AND MOST RESPONSIVE PRICE. THE CITY RESERVES THE RIGHT TO AWARD
THE PROJECT TO THE FIRM CONSIDERED THE BEST TO SERVE THE CITY'S INTEREST.
US eDirect Cost Proposal
City of South Miami Florida Department of Parks and Recreation
Optional Hardware Costs
5/7/2014
Unit
Cost
Implementation Costs (Days nits Unit Cost
Extended
Discovery
1
$1,200.00
$1,200.00
139.00
Server Configurations and Data Migration
2
$1,600.00
$3,200.00
780.00
Software Installation (up to 15 Terminals)
1
$1,200.00
$1,200.00
APG 16 "Cash Drawer Printer Driven with Cable
Training
1
$1,600.00
$1,600.00
Sandbox System Setup and Testing Assistance
2
$1,200.00
$2,400.00
System Configurations
5
$1,200.00
$6,000.00
User Acceptance Testing
2
$1,200.00
$2,400.00
Total Implementation Costs
$18,000.00
$18,000.00
Software As A Service Fees (Annual)
Support
$2,500.00
Maintenance
$2,500.00
Hosting
$4,000.00
Licensing
$3,000.00
Total
$12,000.00
$12,000.00
TOTAL COST YEAR ONE
$30,000.00
City of South Miami Florida Dept of Parks and Recreation
Optional Hardware Costs
POS TERMINALS
Unit
Cost
HP Computer
2
625.00
$
1,250.00
HP 17 "Monitor
2
139.00
278.00
Epson TM -T88V USB Receipt Printer USB
2
390.00
780.00
Magtek Magsafe Credit Card Swipe USB
2
110.00
$
220.00
APG 16 "Cash Drawer Printer Driven with Cable
2
250.00
500.00
SCOPE OF WORK
INVITATION TO QUOTE (ITQ)
"RECREATION OPERATIONS MANAGEMENT SOLUTION SOFTWARE"
The City of South Miami is seeking proposals from experienced and capable parties to supply
and deliver Recreation Operations Management Solution Software that easily and efficiently
helps the Parks and Recreation Department manage Activity Registration, Camps (e.g.,
afterschool program, summer camps) Facility Reservations, Membership Management and
Reports. It is preferred that the software integrates directly with the City's ERP SunGard
ONESolution system; however, in lieu of direct integration, the City, AT A MINIMUM, must be
able to export financial data into Microsoft Excel. The City prefers hosted solution recreation
management software, but will entertain all other options.
Proposals must include detailed information regarding training /support, maintenance and
upgrade charges; network, credit card and bank fees; account setup costs, software and
licensing charges, annual maintenance and internet license fees, if applicable. Additionally,
include professional on -line and on -site training options, membership equipment and supplies,
and peripheral third party hardware such as a credit card entry swipe for customer - facing
workstations. Lastly, include a form contract or licensing agreement, if available, for review by
the City. Note in your proposal if such an agreement is not available.
The City reserves the right to select for award for this Project to the person with the lowest,
most responsive, responsible Proposal, as determined by the City, subject to the right of the
City, or the City Commission, to reject any and all proposals, and the right of the City to waive
any irregularity in the Proposals or RFP procedure and subject also to the right of the City to
award the Project, and execute a contract with a Respondent or Respondents, other than to
one who provided the lowest Proposal Price.
Honeywell Vo a er1200Barcode Scanner USB
2
250.00
500.00
BF500 American Power Conversion - UPS
2
150.00
300.00
$
$
Zebra P -330i Card Printer
2
2,275.00
4,550.00
30 Mil white membership cards PVC
5000
0.15
750.00
$
$
Zebra P -330! Card Printer Ribbons 330 prints
5
125.00
625.00
$
$
Printer Cleaning Kits
4
90.00
360.00
TOTAL HARDWARE COSTS
10,113.00
10,113.00
SCOPE OF WORK
INVITATION TO QUOTE (ITQ)
"RECREATION OPERATIONS MANAGEMENT SOLUTION SOFTWARE"
The City of South Miami is seeking proposals from experienced and capable parties to supply
and deliver Recreation Operations Management Solution Software that easily and efficiently
helps the Parks and Recreation Department manage Activity Registration, Camps (e.g.,
afterschool program, summer camps) Facility Reservations, Membership Management and
Reports. It is preferred that the software integrates directly with the City's ERP SunGard
ONESolution system; however, in lieu of direct integration, the City, AT A MINIMUM, must be
able to export financial data into Microsoft Excel. The City prefers hosted solution recreation
management software, but will entertain all other options.
Proposals must include detailed information regarding training /support, maintenance and
upgrade charges; network, credit card and bank fees; account setup costs, software and
licensing charges, annual maintenance and internet license fees, if applicable. Additionally,
include professional on -line and on -site training options, membership equipment and supplies,
and peripheral third party hardware such as a credit card entry swipe for customer - facing
workstations. Lastly, include a form contract or licensing agreement, if available, for review by
the City. Note in your proposal if such an agreement is not available.
The City reserves the right to select for award for this Project to the person with the lowest,
most responsive, responsible Proposal, as determined by the City, subject to the right of the
City, or the City Commission, to reject any and all proposals, and the right of the City to waive
any irregularity in the Proposals or RFP procedure and subject also to the right of the City to
award the Project, and execute a contract with a Respondent or Respondents, other than to
one who provided the lowest Proposal Price.
Exhibit I
INSURANCE AND INDEMNIFICATION
1.1 Insurance -
A. Without limiting its liability, the vendor, contractor, consultant or consulting firm
(hereinafter referred to as "FIRM" with regard to Insurance and Indemnification
requirements) shall be required to procure and maintain at its own expense during
the life of the Contract, insurance of the types and in the minimum amounts stated
below as will protect the FIRM, from claims which may arise out of or result from
the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub - contractor, or by anyone directly
or indirectly employed by any of them or by anyone for whose acts any of them may
be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines
carrier unless authorized in writing by the CITY and such authorization shall be at
the CITY's sole and absolute discretion. The FIRM shall purchase insurance from
and shall maintain the insurance with a company or companies lawfully authorized to
sell insurance in the State of Florida, on forms approved by the State of Florida, as
will protect the FIRM, at a minimum, from all claims as set forth below which may
arise out of or result from the FIRM's operations under the Contract and for which
the FIRM may be legally liable, whether such operations be by the FIRM or by a
Subcontractor or by anyone directly or indirectly employed by any of them, or by
anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are
applicable to the Work to be performed; (b) claims for damages because of bodily
injury, occupational sickness or disease, or death of the FIRM's employees; (c)
claims for damages because of bodily injury, sickness or disease, or death of any
person other than the FIRM's employees; (d) claims for damages insured by usual
personal injury liability coverage; (e) claims for damages, other than to the Work
itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a
person or property damage arising out of ownership, maintenance or use of a motor
vehicle; (g) claims for bodily injury or property damage arising out of completed
operations; and (h) claims involving contractual liability insurance applicable to the
FIRM's obligations under the Contract.
2.1 Firm's Insurance Generally
The FIRM shall provide and maintain in force and effect until all the Work to be
performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on
Florida approved forms and as set forth below:
A. Professional Liability Insurance on a Florida approved form in the amount
of $1,000,000 with deductible per claim if any, not to exceed 5% of the
Rev: 10/29/13
limit of liability providing for all sums which the FIRM shall become legally
obligated to pay as damages for claims arising out of the services or work
performed by the FIRM its agents, representatives, Sub- Contractors or
assigns, or by any person employed or retained by him in connection with
this Contact. This insurance shall be maintained for four years after
completion of the construction and acceptance of any Project covered by
this Contact. However, the FIRM may purchase Specific Project
Professional Liability Insurance, in the amount and under the terms
specified above, which is also acceptable.
B. Workers' Compensation Insurance at the statutory amount as to all
employees in compliance with the "Workers' Compensation Law" of the
State of Florida including Chapter 440, Florida Statutes, as presently
written or hereafter amended, and all applicable federal laws.
C. Commercial Comprehensive General Liability insurance with broad form
endorsement, as well as automobile liability, completed operations and
products liability, contractual liability, severability of interest with cross
liability provision, and personal injury and property damage liability with
limits of $1,000,000 combined single limit per occurrence and $2,000,000
aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
• Automobile Liability: $1,000,000 each accident/occurrence.
• Umbrella: $1,000,000 per claim
D. Umbrella Comprehensive General Liability insurance shall be written on a
Florida approved form with the same coverage as the primary insurance
policy but in the amount of $1,000,000 per claim and $2,000,000 Annual
Aggregate. 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:
(1) Premises and Operation
(2) Independent Contractors
(3) Products and /or Completed Operations Hazard
(4) Explosion, Collapse and Underground Hazard Coverage
(5) Broad Form Property Damage
(6) Broad Form Contractual Coverage applicable to this specific
Contract, including any hold harmless and /or indemnification
agreement.
(7) 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.
Rev: 10/29/13
E. Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) plus an additional Two Million Dollar ($2,000,000.00)
umbrella per occurrence combined single limit for Bodily Injury Liability
and Property Damage Liability. Umbrella coverage must be afforded on a
form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by
with the state of Florida, and must include:
(1) Owned Vehicles.
(2) Hired and Non -Owned Vehicles
(3) Employers' Non - Ownership
3.1 SUBCONTRACTS:
The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract shall contain the same insurance provision as set forth in section 5.1 above
and 5.4 below and substituting the word SUBCONTRACTOR for the word FIRM and
substituting the word FIRM for CITY where applicable.
4.1 Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
A. In the event that this contract involves the construction of a structure by the FIRM,
the FIRM shall maintain, with an Insurance Company or Insurance Companies
acceptable to the CITY, "Broad" form /All Risk Property Insurance on buildings and
structures, while in the course of construction, including foundations, additions,
attachments and all permanent fixtures belonging to and constituting a part of said
buildings or structures. The policy or policies shall also cover machinery, if the cost
of machinery is included in the Contract, or if the machinery is located in a building
that is being renovated by reason of this contract. The amount of insurance must,
at all times, be at least equal to the replacement value of the insured property. The
policy shall be in the name of the CITY and the FIRM, as their interest may appear,
and shall also cover the interests of all Subcontractors performing Work.
B. All of the provisions set forth in Section 5.4 herein below shall apply to this
coverage unless it would be clearly not applicable.
5.1 Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the
insurance company or should any insurance have an expiration date that will occur
during the period of this contract, the FIRM shall be responsible for securing other
acceptable insurance prior to such cancellation, change, or expiration so as to
provide continuous coverage as specified in this section and so as to maintain
coverage during the life of this Contract. The CITY shall have the option, but not
the duty, to pay any unpaid premium and the right to terminate or cancel the policy
thereafter without notice to FIRM or liability on the part of the CITY to the FIRM
for such cancellation.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At
the option of the CITY, either the FIRM shall eliminate or reduce such deductible or
the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same.
Rev: 10/29/13
C. The policies shall contain waiver of subrogation against CITY where applicable, shall
expressly provide that such policy or policies are primary over any other collectible
insurance that CITY may have. The CITY reserves the right at any time to request a
copy of the required policies for review. All policies shall contain a "severability of
interest" or "cross liability" clause without obligation for premium payment of the
CITY.
D. Before starting the Work, the FIRM shall deliver to the CITY and FIRM certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is
issued, the insurance policy, including the declaration page and all applicable
endorsements and provide the name, address and telephone number of the
insurance agent or broker through whom the policy was obtained. The insurer shall
be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and
authorized to issue insurance in the State of Florida. All insurance policies must be
written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM
must provide a "certified copy" of the Policy (as defined in Article I of this
document) which shall include the declaration page and all required endorsements.
In addition, the FIRM shall deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(1) an endorsement to the policy stating:
"The City of South Miami is an additional named insured with the right but
not the obligation to pay any unpaid premium and providing that the city
does not have any duty or obligation to provide first notice of claim for any
liability it incurs and that arises out of the acts, omissions or operations of
the named insured. The insurer will pay all sums that the City of South
Miami becomes legally obligated to pay as damages because of 'bodily
injury ", 'property damage' , or "personal and advertising injury" and it will
provide to the City all of the coverage that is typically provided under the
standard Florida approved forms for commercial general liability coverage
A and coverage B ";
(2) an endorsement that states:
"This policy shall not be cancelled (including cancellation for non - payment of
premium), terminated or materially modified without first giving the City of
South Miami 20 days advanced written notice of the intent to materially
modify the policy or to cancel or terminate the policy for any reason. The
notification shall be delivered to the City by certified mail, with proof of
delivery to the City."
6.1 Indemnification
A. The FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm
which might arise during the work or event that is occurring on the CITY's property
due to the negligence or other fault of the FIRM or anyone acting through or on
behalf of the FIRM.
Rev: 10/29/13
B. The FIRM agrees to indemnify, defend, save and hold CITY, its officers, affiliates,
employees, successors and assigns, harmless from any and all damages, claims,
liability, losses, claims, demands, suits, fines, judgments or cost and expenses,
including reasonable attorney's fees incidental there to, which may be suffered by, or
accrued against, charged to or recoverable from the City of South Miami, its officers,
affiliates, employees, successors and assigns, by reason of any causes of actions or
claim of any kind or nature, including claims for injury to, or death of any person or
persons and for the loss or damage to any property arising out of a negligent error,
omission, misconduct, or any gross negligence, intentional act or harmful conduct of
the FIRM, its contractor /subcontractor or any of their officers, directors, agents,
representatives, employees, or assigns, or anyone acting through or on behalf of any
of them, which arises out of or is concerning the use of CITY property or the
service, operation or performance of any work that is being performed for the CITY
or of any event that is occurring on the CITY's property.
C. The FIRM shall pay all losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and /or its affected
officers, affiliates, employees, successors and assigns, including their attorney's fees,
in the defense of any action in law or equity brought against them.
D. The FIRM agrees and recognizes that neither the CITY nor its officers, affiliates,
employees, successors and assigns shall be held liable or responsible for any claims,
including the costs and expenses of defending such claims which may result from or
arise out of actions or omissions of the FIRM, its contractor /subcontractor or any of
their agents, representatives, employees, or assigns, or anyone acting through or on
behalf of the them, and arising out of or concerning the work or event that is
occurring on the CITY's property. In reviewing, approving or rejecting any
submissions or acts of the FIRM, CITY in no way assumes or shares responsibility or
liability for the acts or omissions of the FIRM, its contractor /subcontractor or any of
their agents, representatives, employees, or assigns, or anyone acting through or on
behalf of them.
E. The FIRM has the duty to provide a defense with an attorney or law firm approved
by the City of South Miami, which approval will not be unreasonably withheld.
Rev: 10/29/13
EXHIBIT 2
AFFIDAVITS AND FORMS
SUBMISSION REQUREMENTS
I . Respondent's Sworn Statement Under Section 287. I33(3)(A), Florida Statutes, on
Attachment #I "Public Entity Crimes and Conflicts of Interest Affidavit,"
shall be completed and provided with the proposal submittal.
1 Neither the individual(s) /firm, nor any of his /her /its employees shall be permitted to
represent any client before the Commission or any Committee, department or agency
of the City, and shall agree not to undertake any other private representation
which might create a conflict of interest with the City. The i nd ivid ual(s) /ft
rm may not represent any Commission mem ber, ind ivid ually, or, any mem ber of
their family or any business in which the Commission mem ber of their family has
an i nterest.
3. All proposals received wi Il be considered public records. The City will consider all
quotations usi ng such criteria as the Commission or City Manager may adopt at
either of thei r sole discretion. The ind ivid ual(s) /ft rm selected will be required to
enter into a formal agreement with the City in a form satisfactory to the City, prior
to the execution of which the City shall reserve all rights, includ i ng the right to
change its selection.
4. Respondent's Attachment #2 "Drug Free Workplace" form shall be
completed and provided with the proposal submittal.
5. Respondent's Attachment #3 "No Conflict of I nterest/Non Collusion
Affidavit," shall be completed and provided with the proposal submittal.
6. Respondent's Attachment #4 "Acknowledgement and Conformance with
OSHA Standards," shall be completed and provided with the proposal submittal.
7. Respondent's Attachment #5 "Related Party Transaction Verification
Form" shall be completed and provided with the proposal submittal.
Page 1 of 10
ATTACHMENT #! PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 287.1 33, 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
pu blic entity, may not submit a Bid on a Contract with a public entity for the construction or
repai r of a pu blic buildi ng or pu blic work, may not submit bids on leases of real property to a
pu blic entity, may not be awarded to perform work as a Contractor, suppl ier, Subcontractor,
or Consu ltant u nder a Contract with any pu blic entity, and may not transact busi ness with any
pu blic entity i n excess of the threshold amou nt Category Two of Section 287.01 7, Florida
Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list ".
The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State
Statutes. BIDDERS 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 South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGN ED AN D SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1 . This sworn statement is submitted to
[print name' of the public entity]
By Michael A. Wands, Director of Business Management
[print individual's name and title]
For US eDirect Inc.
[print name of entity submitting sworn statement]
whose business address is 8 Haven Avenue Suite 209 port Washington NY 11050
and (if applicable) its Federal Employer Identification Number (FEIN) is 1 13515805
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement: _ )
2. 1 understand that a "public entity crime" as defined in Paragraph 287.1 33 (I)(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 of the United States, including, but not
limited to , any bid or contract for goods or services to be provided to any pu blic entity
or an agency or political subdivision of any other state or of the U nited States and
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.1 33 ( I )(b),
Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or
Page 2 of 10
without an adjudication of guilt, i n any federal or state trial court of record relating to
charges brought by indictment or information after July 1 , 1989, as a result of a ju ry
verdict, non jury trial, or entry of a plea of guilty or nolo contender.
4. I understand that an "affiliate" as defined in Paragraph 287.1 33 ( I )(a), Florida Statutes,
means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active i n the
management of the entity and who has been convicted of a publ is entity crime. The
term "affiliate" includes those officers, directors, executives, 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 any person, or a
pooling of equipment or income among persons when not for fair market value under
an arm's length agreement, shall be a prima 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 i n Florida du ring the preceding 36 months shall
be considered an affiliate.
5. I understand that a "person" as defined i n Paragraph 287.1 33 ( I )(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
appl ies to bid on contracts for the provision of goods or services led by a public entity,
or which otherwise transacts or applies to transact business with a public entity. The
term "person" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
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.]
X Neither the entity submitting this sworn statement, nor any of its 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 pub] is 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 of July I , 1 989. 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
detennined 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.]
Page 3 of 10
Continuation of Attachment #2 Public Entity Crimes and Conflicts
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (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.
c _ �
[signature]
Sworn to and subscribed before me this 7 day of fri 0(A '20 E
Personally known or
Produced identification Notary Public -State of ,�avzj -��� My commission expires t012- L
(Type of identification) 1/17 t .
(Printed, typed or stamped commissioned name of notary public)
Form PUR 7068 (Rev.06 /11 /92) I - - --
�'t*"Y a'•+., NORMA JOSEPH
Notary Public - State of Florida
My Comm. EXPIMS Oct 20, 2016
N NT
r. �$;•' Commission N EE 847102
Bonded Through National Notary Assn,
Page 4 of 10
ATTACHMENT #2 "DRUG FREE WORKPLACE"
Whenever two or more Bids which are equal with respect to price, quality and service are
received by the State or by any political subdivisions for the procurement of commodities or
contractual services, a Bid received from a business that certifies that it has implemented a drug -
free workplace program shall be given preference in the award process. Established proced
ures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace
program. 1 n order to have a drug -free workplace program, a business shall:
I . Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited i n the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. 1 nform employees about the dangers of drug abuse i n the workplace, the business'
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under Bid a copy of the statement specified in Subsection ( I ).
4. 1 n the statement specified in Subsection ( I ), notify the employees, that, as a condition of
working on the commodities or contractual services that are under Bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction
of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any
controlled substance law of the United States or any state, for a violation occurring i n
the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program, if such is available in the employee's community, by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
I'RC]POSLI 's
Signature: f '`
Print Name: �G�C�j,4� ` /;�% /J %%.r
Date: X17/ 2, of
Page 5 of 10
ATTACHMENT #3 "No CONFLICT OF INTEREST /NON COLLUSION AFFIDAVIT"
Submitted this 7th day of May_ . 2014_- ___ „_,—
The undersigned, as Bidder /Proposer, declares that the only persons interested in this RFP are named
herein; that no other person has any interest in this RFP or i n the Contract to which this RFP pertai ns;
that this response is made without connection or arrangement with any other person; and that this response
is in every respect fair and made in good faith, without collusion or fraud.
The Bidder /Proposer agrees if this response /submission is accepted, to execute an appropriate CITY
document for the purpose of establishing a formal contractual relationship between the Bidder/Proposer
and the CITY, for the performance of all requirements to which the response /submission pertains.
The Bidder/Proposer states that this response is based upon the documents identified by the following
number: Bid /RFP
The full -names and residences of persons and firms interested in the foregoing bid /proposal, as principals,
are as follows:
Cii�
Phil]
The Bidder /Proposer further certifies that this response /submission complies with section 4(c) of the
Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner,
Mayor, or other officer or employee of the CITY has an i nterest directly or indirectly in the profits or
emol u ments of the Contract, job, work,or -sery icp to which the response /submission pertains.
& C�
Signature: L
Printed Name: / (,E/��L
Title:
Telephone: S'/6 .3/ 3 �y a 7/
Company Name a-r,6 b1ler"C/
Continuation ofAttachment #3 No Conflict of infer /Non - Collusion Certification
Page 6 of 10
NOTARY PUBLIC;
STATE OF f�iovL'�
COUNTY OF P,,y
The foregoing instrument was acknowledged before me this 77 of 2014 by Michael A. Wands
The person whose signature is being notarized) who is man
Personally known to me, or
Personal identification:
✓t (D✓W a,.5 &t c v w&�, l
Type of Identification Produced ~T' s U G r/?
Did take an oath, or
't4jgYAN �+ NORMA JOSEPH r
Notary Public -State of ]1dj �pid Not take an aaffi—
. g My Comm. Expires Oct 2Commission # EE 84EALP,' Bonded Through National Not
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(Name of Notary Public: Print, Stamp
or type as commissioned.)
FAILURE TO COMPLETE. SIGN.& RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE
Page 7 of 10
ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA
STANDARDS"
TO THE CITY OF SOUTH MIAMI
US eDirect Inc. , (Name of Contractor), hereby acknowledge and agree that
as Contractors for this Solicitation, as specified have the sole responsibility for compliance with all the
requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety
and health regulations, and agree to indemnify and hold harmless the City of South Miami against any
and all liability, claims, damages, losses and expenses they may incur due to the failure of
(subcontractor's names):
N/A
to comply with such act or regulation.
BY: Michael A. Wands
Name
Director of Business Management
Title
Witness
FAILURE TO COMPLETE. SIGN, & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE
Page 8 of 10
ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM"
I Michael A. Wands , individually and on behalf of US eDirect Inc.
( "Firm ")have Name of Representative Company /Vendor /Entity read the City of South Miami ( "City ")'s Code of Ethics,
Section 8A- I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belief:
(1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the contract or
business that I, and /or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A -I, who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee of the City[See Note #1 below], and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
(if
necessary use a separate sheet to supply additional information that will not fit on this line but make reference on
the line above to the separate sheet, i.e., "see attached additional information" and make reference to this
document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See
Note # I below]; and
(4) no elected and /or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and /or your Firm and the City other than the following individuals whose interest is set
forth following their use a separate names:
(if necessary use a separate
sheet to supply additional information that will not fit on this line but make reference on the line above to the
separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph
on to the additional sheet which additional sheet must be signed under oath). The names of all City employees and
that of all elected and /or appointed city officials or board members, who own, directly or indirectly, an interest of
five percent (5 %) or more of the total assets of capital stock in the firm are as follows:
(if
necessary use a separate sheet to supply additional information that will not fit on this line but make reference on
the line above to the separate sheet, i.e., "see attached additional information" and make reference to this
document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See
Note # I below]
(5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
Note # 1: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or
appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members.
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
before any board, commission or agency of the City within the past two years other than as follows:
(if necessary use a separate sheet to supply
additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e.,
"see attached additional information" and make reference to this document and this paragraph on to the additional
sheet which additional sheet must be signed under oath).
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
(if necessary use a separate sheet to supply additional
information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see
attached additional information" and make reference to this document and this paragraph on to the additional
sheet which additional sheet must be signed under oath). [See Note #11 below]; and.
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties ") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents,
children, brothers and sisters) have also responded, other than the following:
(if necessary use a separate sheet to supply additional
information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see
attached additional information" and make reference to this document and this paragraph on to the additional sheet
which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing
this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be
based solely on the signatory's personal knowledge and he /she is not required to make an independent
investigation into the Other Firm, or the Firm he /she represents, as to their officers, directors or anyone having a
financial interest in those Firms or any of their any member of those persons' immediate family.]
(9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and /or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami -Dade County Commission on Ethics. Under penalty of perjury, I declare that I
Note # 1: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
I S employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or
appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members.
have made a iloent effort to inves to the matters to which I am attesting hereinabove and that the statements
made hereina ov re tru ,and co to the be �f 'rriy knowledge, information and belief.
Signature:
Print Name & Title: Michael A. Wands
I
Date: 05/06/2014
ATTACHED:
Sec. 8A- I - Conflict of interest and code of ethics ordinance.
Municode Page I ON
Sec. 8A -1. - Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi - judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(1) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi- judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as
perform quasi - judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for
consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to
a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever
first occurs.
(c) Prohibition on transacting business with the city.
Note # 1: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or
appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(1) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but
for waiver of its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( 1) who has any of the specified relationships or
who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or
participate in any way in the matter.
(E) Gifts.
(I)Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without
adequate and lawful consideration.
(2)Exceptions. The provisions of paragraph (e)(1) shall not apply to:
a. Political contributions specifically authorized by state law;
Note # 1: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or
appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members.
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph(3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)(1); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official -position -prohibited.
No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibition on outside employment.
(1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full -time city employee shall accept outside employment, either incidental, occasional or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or
appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members.
b. When permitted. A full -time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full -time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I - I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full -time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause. .
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(1) Certain appearances and payment prohibited.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or
appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members.
No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after city service.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)(1) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for
ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject
matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect.
Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request
or application to a city department or agency during the two -year period after his or her service has ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
501(c)(3) non - profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment.
A person participated "indirectly" where he or she knowingly participated in any way in the particular subject
matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section 8A -2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
(Ord. No. 6 -99 -1680, § 2, 3 -2 -99)
Editor's note- Ord. No. 6 -99 -1680, § 1, adopted 3 -2 -99, repealed §§ 8A- I and 8A -2 in their entirety and replaced
them with new §§
8A -I and 8A -2. Former §§ 8A -I and 8A -2 pertained to declaration of policy and definitions, respectively, and
derived from Ord. No. 634, §§ I (I A -1), 1 (1 A -2) adopted Jan ...11, 1969.
Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or
appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members.
US & I RECT
Recreation Dynamics
General Software Agreement and Contract:
SAMPLE AGREEMENT
US eDirect
9/24/2012
DEFINITIONS
1.1 Definitions - For the purposes of interpreting this Agreement, the following terms
have the following meanings:
a) "Day' means eight (8) hours of work, whether provided during a single
calendar day or otherwise.
b) "Initial Installation means the date upon which any of the Software has first
been installed on any server computer owned or controlled by the Customer.
c) "Other Services" means Services other than Pre - Agreed Services acquired by
the Customer under this Agreement.
d) "Pre- Agreed Services" means Services that are expressly listed in the Services
Table as being acquired hereunder by the Customer.
e) "Release" means any release, update, patch, set of revisions, or
bug /permanent fix or temporary bypass solution released by US a Direct to its
customers generally during the term of this Agreement, which provides
enhancements and/or error corrections to the then - current Version or Release,
and where a new Version has been released and no new Release has been
released since the release of that Version, that Version will also constitute a
Release for the purpose of determining whether Support or Maintenance is
available with respect to that Version. New Releases will be denoted by an
increase to the version number to the right of the decimal point such as from
f) "Services" means any and all types of services which US eDirect provides, to the
Customer and/or to other customers of US eDirect, in the course of US eDirect's
business, including but not limited to services relating to the installation,
implementation, customization, optimization, administration, training and
troubleshooting of computers, computer software including the Software, computer
networks, databases, internet - related equipment and applications.
g) "Software" means computer code and programs, in executable code form only,
including related data files, rules, parameters and documentation, which have been
created or licensed by US eDirect and subsequently licensed by US eDirect to the
Customer.
h) "Version" means a version of the Software providing a particular functionality,
while a new Version of the Software will provide new /additional functionality and /or
improvements to a previous Version. New Versions will be denoted by a change to
the version number to the left of the decimal point such as from Version 1.0 to
Version 2.0.
1.2 Headings - The headings contained in this Agreement are inserted for convenience
and do not form a part of this Agreement and are not intended to interpret, define or limit
the scope, extent or intent of this Agreement or any provision hereof.
SERVICES TO BE PROVIDED
2.1 US eDirect will provide to the Customer.
a) all Pre - Agreed Services which the Customer hereby agrees, pursuant to the
Services Table, to acquire; and
b) all Other Services which the Customer from time to time agrees to acquire,
provided that no Services other than Pre - Agreed Services will be provided by US
eDirect unless US eDirect has, prior to such Services being rendered, received
confirmation from the Customer that the Customer wishes to acquire such Services
and will pay for such Services under the terns of this Agreement.
FEES AND PAYMENT
3.1 Pre - Agreed Services - The Customer will pay US eDirect the fees described in the
Services Table for Pre - Agreed Services.
3.2 Other Services - Upon subsequent agreement from time to time between the
Customer and US eDirect that the Customer will acquire Other Services, the Customer will
pay for such Other Services at the service rates in effect at the time of provision of such
Other Services, provided that the service rates shown in the Services Table will be effective
for a 6 -month period following effective date of this Agreement, and thereafter relevant
service rates, if different from the rates contained in the Services Table, will be provided to
the Customer prior to such Other Services being rendered.
3.3 Travel Expenses - Costs and rates as described in this Agreement include all US eDirect
personnel travel expenses other than airfare. The Customer will pay all airfare relating to travel
of US eDirect personnel relating to Services provided at the Customers location, which airfare
will unless urgency on the part of the customer requires otherwise, be at "coach" rates. The
Customer must approve airfare to Customer's location to be obligated for that cost.
3.4 Shipping and Handling - The Customer will pay all shipping & handling charges,
applicable sales, use, withholding and excise taxes, and any other assessments in the nature
of taxes, duties or charges however designated on the Services rendered under this
Agreement exclusive of taxes based on the net income of US eDirect.
3.5 Applicable Currency - Unless specifically stated otherwise, all prices and amounts are in
US Dollars.
3.6 Invoices (Delivery, Payments and Interest) - US eDirect will provide invoices to the
Customer for all amounts owing by Customer hereunder, such invoices to be provided after
provision of the Services to which they relate, and subsequently due within 30 days after
receipt by the Customer. Overdue invoices shall bear interest at 1.5 % per month, 18% per
annum or the maximum permitted under Clients usary laws, whichever is less.
ACCESS TO SYSTEM AND OTHER CUSTOMER OHLI GAT ION 5
4.1 Customer will provide, at no cost to US EDIRECT:
a) sufficient space to allow US eDirect personnel on the Customers site to perform the
services the on site Services acquired hereunder;
b) office supplies and services such as photocopying, facsimile and telephone access
while at Customer's site, excluding long distance charges;
c) education and training facilities adequate to provide the training services acquired
hereunder, including classroom space, networked PCs (minimum 1 PC for every two
training participants), networked printing capability, computer display /projection facilities,
and flip chart or whiteboard, plus markers and other ancillary supplies;
d) subject to the security requirements of the Customer, 24 hour access to the
Customers system via either an always - available telephone circuit or an always available
internet connection to enable US eDirect or its designated representative to perform any
of the obligations placed upon US eDirect by this Agreement; and
e) Webex, Teamviewer, Bomgar , Windows Terminal Services or Citrix's MetaFrame
Server, installed at Customer's location to allow dial up internet access via VPN to allow
US eDirect to remotely diagnose and correct errors in the Software and provide other
Services.
4.2 Without limiting the Customer's obligations, Customer will:
a) use its best efforts to upgrade to any new Release or Version of the Software within a
reasonable time after becoming aware of its availability;
b) ensure that at all times at least one current staff person of the Customer, who is the
Customer contact person named on the Cover Page and per c), has been fully trained on
the US eDirect Software;
c) designate by written notice a single site and single person as the point of contact for
telephone or other contact, which site and /or person the Customer may change upon 14
days prior notice; and
d) provide particulars of the Customer's system configuration in sufficient detail to allow
US eDirect to effectively provide Services hereunder.
REPRESENTATIONS AND WARRANTEES
5.1 Insurance - US eDirect represents and warrants that it does and will at all times during
the term of this Agreement maintain general liability insurance as described in the Certificate
of Insurance and will provide a copy of the Certificate to the Customer upon request.
5.2 Limited Warranty of Services — US eDirect warrants that all services provided
hereunder will be performed in full conformity with the Agreement, with the skill and care
which would be exercised by those who perform similar services at the time the services are
performed, and in accordance with accepted industry practice. In the event of a breach of the
express warranties contained herein and /or in the event of non - performance and/or failure of
US eDirect to perform the services in accordance with the Agreement, US eDirect , at no
cost to Customer, shall re- perform or perform the services so that the services conform to the
warranties.
US eDirect, Inc. TERMS AND CONDITIONS: GENERAL SOFTWARE SERVICES AGREEMENT SAMPLE
EXCLUSION OF OTHER WARRANTIES AND LIMITATION OF LIABILITY
6.1 Specific exclusion of other warranties - the warranties set out in section 5.1 and
5.2 are in lieu of all other warranties, and there are no other warranties,
representations, conditions, or guarantees or any kind whatsoever, either express or
implied by (in contract or tort) custom, including, but not limited to those regarding
merchantability, fitness for purpose, correspondence, sample, title, design, condition, or
quality, in effect regarding the services.
6.2 No indirect damages -in no event will US eDirect be liable to customer or to any
other party for indirect damages or losses (in contract or tort) in connection with this
agreement, including but not limited to damages for lost profits, lost savings, or
incidental, consequential, punitive or special damages, excepting loss or damage for
personal injury or damage to tangible property resulting from the sole negligence of US
eDirect.
6.3 Limits on liability -if for any reason, US eDirect becomes liable to customer or
any other party for direct or any other damages for any cause whatsoever, and
regardless of the form of action (in contract or tort), excepting liability for person injury
or damage to tangible property, incurred in connection with this agreement, then:
a) the aggregate liability of US eDirect for all damages, injury, and
liability incurred by customer and all other parties in connection with
this agreement will be limited to an amount equal to the charges paid
to US eDirect or the services which gave rise to the claim for
damages; and
b) customer may not bring or initiate any act or proceeding against US
eDirect arising out of this agreement or relating to services more than
two years after the cause of action has arisen.
6.4 Separate enforceability - sections 6.1, 6.2 and 6.3 are to be construed as
separate provisions and will each be individually enforceable.
TERM
7.1 Tenn - The term of this Agreement will commence on the date of its execution and,
subject to termination as provided herein, will continue with successive one year
extension until either party decides to terminate the agreement.
TERMINATION
8.1 Termination -This Agreement will terminate:
A) at the option of either party if the other party materially defaults in the
performance or observance of any of its obligations hereunder -and fails to
remedy the default within 30 days after receiving written notice thereof from the
non - defaulting party;
B) at the option of either party if the other party becomes insolvent or bankrupt
or makes an assignment for the benefit of creditors, or if a receiver or trustee in
bankruptcy is appointed for the other party, or if any proceeding in bankruptcy,
receivership, or liquidation is Instituted against the other party and is not
dismissed within 30 days following commencement thereof;
c) at US eDirect's option upon the expiry of sixty (60) days following issuance
by US eDirect of an invoice to the Customer for fees payable under this
Agreement and such invoice remaining unpaid, provided that US eDirect has
prior to terminating under this provision provided the Customer with at least ten
(10) days' prior written notice of such nonpayment, which minimum 10 -day
period may expire before, simultaneously with, or after the sixty day period; or
d) at either party's option if the other party assigns or attempts to assign this
Agreement other than as expressly permitted by this Agreement; provided that
these rights of termination will be in addition to all other rights and remedies
available to the parties for any breach or default hereunder.
e) at the expiration of an annual term of this Agreement if either party provides
at least thirty (30) days prior written notice to the other party of its intent to
terminate this Agreement at the expiration of an annual extension of this
Agreement.
8.2 Suspension of Obligations - If either party should default in the performance or
observance of any of its obligations hereunder, then, in addition to all other rights and
remedies available to the non - defaulting party, the non - defaulting party may suspend
performance and observance of any or all its obligations under this Agreement, without
liability, until the other party's default is remedied, if the non - defaulting party provides at least
ten (10) days prior notice that the party intends to suspend performance.
GENERAL
9.1 Complete Agreement - This Agreement, as modified and affected by US eDirect's
standard Software license fees and the terms of any agreement between US eDirect and
the Customer relating to licensing of Software (as opposed to the mere provision of
Software, to which this Agreement relates in respect of Releases and Versions), is the
complete and exclusive statement of the Agreement between the parties with respect to the
subject matter contained herein and supersedes and merges all prior representations,
proposals, understandings and all other agreements, oral or written, express or implied,
between the parties relating to the matters contained herein. This Agreement may not be
modified or altered except by written instrument duly executed by both parties.
9.2 Force Majeure - Dates or times by which either party is required to perform under this
Agreement will be postponed automatically to the extent that any party is prevented from
meeting them by causes beyond its reasonable control.
9.3 Notices - All notices and requests in connection with this Agreement will be given or
made upon the respective parties in writing and will be deemed given as of the third day
following the day the notice is mailed or faxed, providing hardcopy acknowledgment of
successful faxed notice transmission is retained. Notice may also be deposited in the US
Mail, postage pre -paid, certified or registered, return receipt requested, and addressed to
the parties as indicated on the face of this Agreement:
9.4 Governing Law - This Agreement and performance hereunder will be governed by the
laws applicable in the State of New York
9.5 Non-Assignability - This Agreement is not assignable by the Customer, and any
assignment, purported assignment or attempt to assign by the Customer will be a material
breach of this Agreement and will further be void. US eDirect may assign its obligations
under this Agreement to US eDirect's system integrators or resellers.
9.6 Survival - Sections 6 and 9 will survive termination and expiration of this
Agreement.
Approved as to Form
Date of Signature
By;
Date of Signature
US eDirect Inc
By.
Tony Alex
President
Date of Signature
US c :-;E)I EC T General Software Service Agreement (Terms and Condition) SAMPLE
US eDirect, Inc. TERMS AND CONDITIONS: GENERAL SOFTWARE SERVICES AGREEMENT SAMPLE
Software Deployment
The software will be deployed on the client's machines. US eDirect will host the database for the Recreation Dynamics
software in our primary data center in Boston, MA.
Client will be responsible for operating system and virus software updates on each terminal with the Recreation Dynamics
system installed.
US eDirect will apply any Recreation Dynamics (RD) Software updates or if the client wishes provide instructions on applying
the RD updates
The software may be deployed on up to XX user terminals. These terminals must be identified during Discovery.
Terminal Installation
The client will provide all terminals and peripherals required for the installation. Client will install the software and configure
the peripherals per methods and instructions developed by US eDirect.
Credit Card Processing
If the Payment Dynamics software is installed on the client's servers, the US eDirect PCI compliance guidelines should be
followed. Payment Dynamics may be used only with Recreation Dynamics software.
Credit card processing will be done through Elavon account but the client will be required to use an authorize.net account
Scope of Work
The Scope of Work from RFP XXXXX has been reviewed, and comments have been added in regards to the deliverables.
Those comments and deliverables have been listed on page XXX.
Maps
The maps used in Facility Dynamics are the responsibility of the client. A procedure for generating the maps will be provided
to the client.
Software Upgrades
Software releases are typically done on a quarterly basis. All updates can be obtained remotely and can be implemented by
US eDirect staff or by the local administrator. Updates are typically self - applying requiring no or very minor involvement from
the user on the client end. Updates will not be conducted without express consent from the user. Bug fixes, performance
improvements, new features and Update /Upgrade releases are included for the support period. All Updates & Upgrades (bug
fixes, maintenance releases, and new feature versions) are included; any optional plug -ins, add -ons, and new product
offerings are not included with this Agreement.
Hardware Support
We provide hardware support and maintenance only for those items supplied by US eDirect. The obligations of US eDirect to
provide Maintenance Services are subject to the customer using the Equipment in accordance with their respective operating
manuals and recommended procedures, and causing proper and recommended Equipment Maintenance Services to be
performed, including selecting a site which complies with the environmental requirements suggested by the manufacturer of
the Equipment or US eDirect.
i US s ; ! ) l i ; i :.0 General Software Service Agreement (Terms and Condition) SAMPLE 4
US eDirect, Inc. TERMS AND CONDITIONS: GENERAL SOFTWARE SERVICES AGREEMENT SAMPLE
Help Desk Support
Live support is available from 8:30 AM — 6:30 PM (EST) Monday — Friday.
Support for "system down issues" available 24 hours a day, 7 days a week.
We will provide 24/7 phone support, after hours phone support is cell phone based and typically we will respond typically
within 30 minutes. Live support is provided during working hours, 8:30 AM — 6:30 PM (EST) Monday — Friday, after hours
support is by a cell phone forwarding service. US eDirect and /or the local representative will offer Help Desk Support
remotely, by telephone or email.
Technical support is limited to the reporting and correction of product defects. Help desk is not to be used for training and
feature enhancement issues.
Priority Levels
The priority levels described in this section is reflective of the impact of Deficiencies on the CUSTOMER's business
operations. We shall use the following as a guideline in assisting the CUSTOMER's Project Director in determining the
appropriate Priority Level to assign and record for each Deficiency:
1. Level I Priority - A Deficiency condition exists where any Software Component becomes unavailable, jeopardizes
Customer's compliance with laws, affects the security or integrity of any customer's data, or degrades the Software's
response time below Customer's performance requirements.
We expect that all Level I Priority Deficiencies are resolved within four (4) hours of the notification of Deficiency.
2. Level II Priority — A Deficiency condition exists and moderately disrupts Customer's business operations or requires
users to implement temporary Workaround processes for no more than one (1) business week.
We expect that all Level II Priority Deficiencies are resolved within seven days of the notification of Deficiency.
3. Level III Priority — A Deficiency condition exists that minimally disrupts Customer's business operations, causes a
noticeable degradation in the Software's response time but does not degrade below customer's performance
requirements.
We expect that all Level III Priority Deficiencies are resolved within 30 calendar days of the notification of Deficiency.
Fees:
Fees pertaining to delivery of software in relation to RFP XXXX listed below:
,US,",,,,, D i R LCT General Software Service Agreement (Terms and Condition) SAMPLE
US eDirect, Inc. TERMS AND CONDITIONS: GENERAL SOFTWARE SERVICES AGREEMENT SAMPLE
Scope of Work
Following is the Scope of Work relating to RFP XXXX, and agreed upon by US eDirect and CUSTOMER:
iUS eDIRECT General Software Service Agreement (Terms and Condition)SAMPLE 6
US eDirect, Inc. TERMS AND CONDITIONS: GENERAL SOFTWARE SERVICES AGREEMENT SAMPLE
Service Deliverables
The following service deliverables, in relation to RFP XXXX have been listed below:
,US c—D9RECT General Software Service Agreement (Terms and Condition) SAMPLE
US eDirect, Inc. TERMS AND CONDITIONS: GENERAL SOFTWARE SERVICES AGREEMENT SAMPLE
Pricing
Pricing to be agreed upon with the CUSTOMER during contract negotiations
,US eDIRECT General Software Service Agreement (Terms and Condition) SAMPLE 8
US eDirect, Inc. TERMS AND CONDITIONS: GENERAL SOFTWARE SERVICES AGREEMENT SAMPLE
Payment Terms and Schedule
Payment Terms to be agreed upon during contract negotiations
US (,,DIRECT General Software Service Agreement (Terms and Condition) SAMPLE
US eDirect, Inc. TERMS AND CONDITIONS: GENERAL SOFTWARE SERVICES AGREEMENT SAMPLE
Hosting
Definition
Service outages include the availability of Recreation Dynamics as currently configured for the customer. Downtime is defined as a primary service
outage with a minimum duration of ten (10) minutes. The service must be inaccessible by the client attempting to access the US eDirect servers
through the internet backbone and the service must be in a non - operable state on the server.
Credit
In the event of a service outage exceeding one (1) hour, upon request by customer, credit will be issued to the customer for five (5) times the actual
downtime exceeding the allowance. Credit will be calculated based on the customer's current monthly lease rate, and will not exceed one (1) full
month of credit per calendar month using the following formula: total hours outage, divided by the total monthly lease rate (in cost per hour), times five
(5).
Exclusive Venue
This (SLA) Service Level Agreement has been made and will be construed in accordance with the laws of the state of New York. Exclusive venue and
jurisdiction for any and all legal remedies arising out of or related to this agreement shall be in the State of New York. Each party irrevocably consents
to the foregoing jurisdiction and venue requirements and waives any and all objections to such requirements
,US eDIRECT General Software Service Agreement (Terms and Condition) SAMPLE 10
US eDirect, Inc. TERMS AND CONDITIONS: GENERAL SOFTWARE SERVICES AGREEMENT SAMPLE
Recreation Dynamics Software Features
Activity Dynamics
• Activity registration for classes, programs, drop -ins, events
• Interactive Roster function
• Wait Lists wl notifications
• Ability to scan rosters
• Manage household signups for dependents
• Configurable fee groups for resident, non - resident, corporate etc. rates
• Activity copy function for new season activity migration
• Assignable fee based extras
Facility Dynamics
• Map and grid based reservations
• Overnight, daily and time -based reservations
• Support for full or partial payments, deposits and fee based extras
• Supports recurring reservations on set schedules
• Quick lookup reservation search
• Attachable rules and regulations checklists and rental agreements
• Manage and add parks and units including pricing, extras, amenity information and booking rules
Customer Dynamics
• Memberships- duration, visit based and fixed expiration
• Household management including adding dependents, emergency contacts and medical information
• Customer address verification
• Duplicate account check
• Auto resident/non- resident status
• House /Corporate account functionality
• Add photos to customer accounts
• ID card printing
Point of Sale
• Retail /merchandise item sales
• Gift cards
• Open/ Closing functions and deposits
• Item management including item lookup codes, departments and pricing
� U s f-1h ; I (I I General Software Service Agreement (Terms and Condition) SAMPLE I I
US eDirect, Inc. TERMS AND CONDITIONS: GENERAL SOFTWARE SERVICES AGREEMENT SAMPLE
Online
• Activity search by location, category, keyword, location, date, season
• Activity registrations including automatic confirmation emails
• Facility reservations by map, reservation grid
• Search criteria including unit type, date, amenities /features and location
• Automatic reservation confirmation emails
• Customer account management including cancellations, modifications, contact information and dependents
Finance
Manage departments and GL codes
Deposits
Financial reporting
,US eDI RECT General Software Service Agreement (Terms and Condition) SAMPLE 12