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5TilE CITY OF PLEASANT LlVINC To: FROM: DATE: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Agenda Item NO.:S December 2, 2014 A Resolution authorizing the City Manager to negotiate a lease agreement with Toshiba Business Solutions, for multifunctional copier equipment for a 48 month period. The City's current copier lease contract with Canon Solutions America, Inc. expires February, 2015. The City has a total of 13 copiers; each department has a minimum of one copier. Police however have two, Public Works/Motor Pool have one each, Parks and the Senior Center have one each, and Code, Planning and Building share two copiers. In advance of the expiration date, the Procurement Division researched other government contracts where the City could "piggyback" and gain the benefits of volume pricing and features. Based on that market research, it is recommended the City "piggyback" from the State of Florida Department of Management Services Contract #600-000-11-1 for our copier equipment, service and selected supplies over the next 48 month period. The recommended vendor is Toshiba Business Solutions, an authorized vendor on the State of Florida Contract. Miami-Dade County ITD, the City's IT services provider, has reviewed the Toshiba specifications and features and has no issues with the copier equipment network connectivity and Windows based platforms. Per the terms of the State of Florida contract, no minimum copy charges apply; per copy rates apply for black & white and color copies. In addition, the agreement includes maintenance, toner, and supplies; excluding paper and staples. A summary of the quotes are listed below. Copy charges are estimated and are based on 3-year historical activity: 48 Mth 48 Mth TOTAL 48 Recommended Estimated Estimated VENDOR 48 Mth Lease B/W Color MTH LEASE Copies Copies w/COPIES TOSHIBA $55,104.00 $15,661.40 $13,375.89 $84,141.29 DELTA BUS $71,616.00 $18,532.92 $13,998.02 $104,146.95 SOLUTIONS/CANON XEROX $64,974.24 $23,258.72 $16,175.49 $104,408.46 CANON $72,953.64 $15,233.02 $20,219.37 $117,173.83 TilE CITY OF PLEASANT LlVINe AMOUNT: ACCOUNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The estimated total over the 48 month period is $84,141. A 10% contingency over the quoted lease rates and copy charges ($8,414) is recommended for any unplanned costs over the 48 month lease term for a total of $92,555. Finally, the City will realize a savings of $540 per month, for a reduction of 32%, when compared with the current monthly lease rates: Canon Current Toshiba Proposal Savings vs Current Per Mo. Per Mo. $1,688 $1,148 ($540) $21,035 for FY 2015 ($92,555 over 48 Months) By Department: 001-1200-512-4710 001-1310-513-471 0 001-1320-513-4710 001-1330-513-4710 001-1410-513-4710 001-1610-524-4710 001-1620-524-4710 001-1640-524-4710 001-1770-519-4710 001-1910-521-4710 001-2000-572-4710 001-2020-572-4710 Resolution Invitation to Quote FN#2014-02 Solicitation Pre-bid Sign-In Sheet Bid Opening Report Toshiba Business Solutions Proposal Toshiba Piggyback Agreement Savings % -32% State of Florida Contract Renewal #600-000-11-1, Expiring August 3, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO: _____ _ A Resolution authorizing the City Manager to negotiate a lease agreement with Toshiba Business Solutions, for multifunctional copier equipment for a 48 month period. WHEREAS, each City department requires the use of copier equipment for copying documents, scanning and other operational functions performed by each department; and WHEREAS, City's current copier lease agreement expires in February of 2015; and WHEREAS, the City solicited sealed quotes from authorized vendors on the State of Florida Contract #600-000-11-1; and WHEREAS, Toshiba Business Solutions provided the City with the lowest cost, responsive and responsible proposal; and WHEREAS, the Toshiba 48 month agreement is estimated at $92,555, which includes a 10% contingency of $8,414 over the quoted lease rates and copy charges; and WHEREAS, the Toshiba copier equipment meets the networking and connectivity requirements of the City's IT services provider. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to negotiate a 48 month lease agreement with Toshiba Business Solutions, from a piggyback with a State of Florida Contract #600-000-11-1 for multifunctional copier equipment, including maintenance and selected supplies, for a 48 month term. A copy of the State of Florida Contract is attached to this resolution. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon enactment. PASSED AND ADOPTED this _ day of ____ , 2014. ATIEST: APPROVED: CITY CLERK MAYOR COMMISSION VOTE: READ AND APPROVED AS TO FORM, Page 1 of2 1 2 3 4 5 6 LANGUAGE, LEGAILTY AND EXECUTION EXECUTION THEREOF CITY ATIORNEY Page 2 of2 Mayor Stoddard: Vice Mayor Harris: Commissioner Liebman: Commissioner Welsh: Commissioner Edmond: CITY OF SOUTH MIAMI INVITATION TO QUOTE ITQ #FNR2014-02 PROPOSALS/PRICING SHALL BE BASED ON THE STATE OF FLORIDA CONTRACT #600-000-11-1 SUBMITTED TO: City Clerk PROJECT: Multifunctional Copier Lease NAME: Maria Menendez, CMC ADDRESS: Various Locations in the City ~~;:::~E: ~~~~~~O~m~~~u;~I~~~~~~~~~=~e~173~4--------------------------CITY/STATE: South Miami, FI 33143 ISSUE DATE: Tuesday, October 14, 2014 PHONE: ~3=OS=-=6673~-6=3=3=9~--~~~~~~~~~~~~ E-MAIL: skulick@southmiamifl.gov. MANDATORY PRE-QUOTE MEETING: Monday, October 27, 2014 at 10 AM DUE DATE: Wednesday, November,S, 2014 at 10 AM QUOTE SUBMISSION REQUIREMENTS: 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 Clerk's Office in a sealed envelope. Refer to the Scope of Services "Submission Requirements" for additional requirements. The label on the on the envelope needs to read as follows: City of South Miami Maria M. Menendez, CMC 6130 Sunset Drive South Miami, Fl. 33143 Project Name: Multifunctional Copier Lease 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 naming the 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 October 30, 2014 to the attention of Mr. Steven Kulick, Purchasing Manager at skulick@southmiamifl.gov. SCOPE OF WORK DESCRIPTION (TO BE COMPLETED BY CITY): REFER TO "SCOPE OF SERVICES," COpy ATTACHED DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: Item Number Item Description Unit I Qty Amount See Attached Scope of Services and Copier Activitll File FOR SUBMISSION OF PROPOSALS, REFER TO SCOPE OF.SERVICES Contractor shall furnish all materials and equipment necessary to secure completion of the work. Contractor shall be compensated according to the quote submitted. Contractor may choose to submit a quote on company letterhead but must be attached to this form. Mandatory Pre-quote meeting is scheduled Monday, October 27, 2014 at 10 AM at City Hall, 6130 Sunset Drive, South Miami, FI 33143. Deadline to submit is: November 5, 2014 at 10 AM. Print/Type Name: Phone: Signature: Date: E-mail: Fax: Firm Name: F.E.I.N. No.: Address: City: State: THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUNO 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 CITV 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 CITV'S REQUEST FOR QUOTES IS FOR THE LOWEST AND MOST RESPONSIVE PRICE. THE CITV RESERVES THE RIGHT TO AWARD THE PROJECT TO THE FIRM CONSIDERED THE BEST TO SERVE THE CITV'S INTEREST. SCOPE OF SERVICES ITQ #FN20 14-02 "MULTIFUNCTIONAL COPIER LEASE" The City of South Miami is requesting proposals from qualified Contractors and authorized providers/dealers identified on the State of Florida Contract #600-000-1 I-I "Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services." The City currently has 11 copiers located within City Hall and other City properties. Interest parties are requested to provide a proposal and quotation based on the State of Florida Contract and the attached "City of South Miami Copier Activity File." An electronic copy has been provided via email. The file includes the current model numbers, pages per minute, black and white and color copies made over a 30 month term, through 8/29/2014. The City is looking for comparable equipment and features. Please provide the following in your proposal: I. Copy Charge: A per copy charge; BIW and Color and, a minimum copy charge, if any. 2. Lease Rates: Individual and Combined Monthly lease charge for the 11 copiers on site; refer to "City of South Miami Copier Activity File." 3. Lease Term: Quote a Lease Term of 36, 48 and 60 Months. Indicate if there are equipment replacement options for lease terms over 36 Months. 4. Supplies/Hardware: Respondents must address supplies that are included with the copier lease program, i.e., toner, maintenance services, training, connectivity services, etc. s. Maintenance: Respondents must describe how equipment is maintained through the service call process; indicate if the service organization is local or a remote office. COPIER LEASE The City'S current copier lease expires, February 20 I S. It is the City'S intention to award a replacement copier lease agreement by November. 2014. January 20 ISis anticipated to be a transition month; current city copier equipment will be removed and, replacing with new copier equipment. The City expects the current Copier provider and a potentially new Copier provider to work together during the transition period to avoid any interruption of service to City departments. VALUE ENGINEERING The awarded vendor will have an opportunity to "right-Size" City equipment, copy speeds, etc., based on activity, individual department needs, etc. Any "right-sizing" activity will be concluded prior to the expiration of the City's current lease term, February. 20 IS. Page 1 of 3 WARRANTY Standard manufacturer's warranty information must be provided, in writing, for products being proposed to the City. SERVICE LEVEL AGREEMENT The State of Florida 600-000-1 I-I contract includes a Service Level Agreements, (SLA). The purpose of the Service Level Agreement (SLA) is to ensure a guarantee of service levels with penalties for failure to perform. Respondents are to define the replacement process for equipment performing below expectations and must provide the established service levels and targets. AGREEMENT In addition to the State of Florida requirements, the awarded vendor must sign and execute the attached "Piggyback Agreement" included with the ITQ, which formalizes the use of the State of Florida Contract #600-000-1 I-I between the City and awarded vendor. CONE OF SILENCE You are hereby advised that this solicitation is subject to the "Cone of Silence," in accordance with Miami-Dade County Ordinance Nos. 98106 and 99-1 (Section 2.1 1.1 (t)) From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff. All written communication must comply with the requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre-response conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly notice public meeting, contract negotiations with the staff following the City Manager's written recommendation for the award of the contract, or communications in writing at any time with any City employee, official or member of the City Commission unless specifically prohibited. A copy of all written communications must be contemporaneously filed with the City Manager and City Clerk. Violation of these provisions by any particular Respondent shall render any recommendation for the award of the contract or the contract awarded to said Respondent voidable, and, in such event, said Respondent shall not be considered for any solicitation for a request for proposal, request for qualifications, request for a letter of interest or bid concerning any contract for the provision of goods or services for a period of one year. MANDATORY PRE-QUOTE MEETING A Mandatory Pre-quote Meeting will be conducted at City Hall in the Commission Chambers on Monday, October 27, 2014 at 10:00 A.M. The conference shall be held regardless of weather conditions. Page 2 of 3 SUBMISSION REQUIREMENTS To be eligible for selection consideration, interested Contractors must submit one (I) unbound original and two (2) copies and one (I) digital Flash Drive or CD copy, in searchable PDF format, and not to exceed 4mb. Interested firms must submit sealed qualification packages to the Office of the City Clerk, 6130 Sunset Drive, and South Miami, Florida 33143. The entire Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: the title of this ITQ, as follows "Multifunctional Copier Lease" ITQ #FN-20 14-02 and the name of the Proposer (also referred to as "Respondent"). Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10 A.M. local time on Wednesday, November 5, 2014. A public opening will take place at 10 A.M. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33 143. Any Proposal received after 10 A.M. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. The mail and delivery address is: Maria M. Menendez CMC, City Clerk City of South Miami 6130 Sunset Drive South Miami, FL 33143 Any questions concerning the ITQ or any required need for clarification must be made in writing, by Thursday, October, 30, 2014 at lOAM to the attention of Steven P. Kulick at skulick@southmiamifl.gov or via facsimile at (305) 663-6346. Proposals are subject to the terms, conditions and provisions of this ITQ, the State of Florida Contract #600-000-1 I-I, as well as to those provisions, terms, conditions, affidavits and documents contained in this ITQ Package. The City reserves the right to award the 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 ITQ 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 or, if the scope of the work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. Page 3 of3 REFER TO SCOPE OF SERVICES FOR PROPOSAL SUBMITTAL INSTRUCTIONS CITY OF SOUTH MIAMI COPIER ACTIVITY FILE SUBMIT LEASE PROPOSAL SUMBIT COPIER COSTS Rated TotalB&W Total Color 36Mth 48 Mth 60Mth B&W Color Model and Optional Accessories Copies Per Department Copies Copies Lease Lease Lease Copies Copies Minute iR2535 1 CABINET TYPE-C Police 131,815 n/a $0.00 $0.00 $0.00 $0.0000 n/a 35 llNNER FINISHER-Bl Communications i 1 rnl nR ,ION!) KIT-V1 iR6065 1 STAPLE FINISHER-El 1 UTILITY TRAY-A2 65 Clerk 449,941 n/a $0.00 $0.00 $0.00 $0.0000 nfa 1 EXTERNAL 2/3 HOLE PUNCHER-Ai 1 SUPER G3 FAX BOARD-AFl I IT I lTV TD A A" iR6055 1 EXTERNAL 2/3 HOLE PUNCHER-Ai 55 Planning Finance 173,890 n/a $0.00 $0.00 $0.00 $0.0000 nfa 1 UTI LlTY TRAY -A2 11 ,Til 01 I' 1'1 1\11"1-1 I'R_I' 1 iR2535 1 CABINET TYPE-C 35 Police 221,343 n/a $0.00 $0.00 $0.00 $0.0000 nfa llNNER FINISHER-Bl 11 rnl nR ,ION!) KIT-V1 iRC5035 llNNER FINISHER-Ai 1 ADDITIONAL MEMORY TYPE B (512MB) 35 color/35 Police 77,346 83,418 $0.00 $0.00 $0.00 $0.0000 $0.0000 1 UTILITY TRAY-A2 black llNNER FINISHER ADDITIONAL TRAY-Ai 1 CASSETIE FEEDING UNIT-ADl iR2535 1 CABIN ET TYPE-C 35 Code Enforcement 111,651 n/a llNNER FINISHER-Bl $0.00 $0.00 $0.00 $0.0000 nfa h rnl nR "ION!) KIT-V1 iR1025iF 25 Motor Pool 14,710 n/a $0.00 n/a iR6055 1 STAPLE FINISHER-E1 55 Planning 154,207 n/a $0.00 n/a iRC5035 11NNER FINISHER-A1 1 PAPER DECK UNIT-B1 135 color/351 Finance/Central 120,687 I 110,999 I $0.00 $0.00 $0.00 I $0.0000 I $0.0000 1 CASSETTE FEEDING UNIT-AD1 black Services 11NNER FINISHER ADDITIONAL TRAY-A1 1 SUPER G3 FAX BOARD-AEl iR2535 1 CABINET TYPE-C 11NNER FINISHER-B1 3S Parks & Rec. 260,0181 n/a $0.00 $0.00 $0.00 I $0.0000 I $0.0000 1 COLOR SEND KIT-Y1 35 Public Works 64,759 n/a $0.00 $0.00 $0.00 $0.0000 n/a iR1025iF 25 Senior Center n/a iR2535 1 CABINET TYPE-C 35 Community 114,947 n/a $0.00 $0.00 $0.00 I $0.0000 I n/a 11NNER FINISHER-B1 Redevelopment TOTAL MONTHLY LEASE CHARGE $0.00 $0.00 I $0.00 CONTRACT Multifunctional Products State of Florida Contract #600-000-11-1 THIS AGREEMENT made and entered into this _ day of ,2014, by and between the City of South Miami, a Florida municipal Corporation (hereinafter referred to as "City") and , (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the State of Florida solicited bids, pursuant to Contract #600-000-11-1, for Multifunctional Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies and Services; and WHEREAS, the State of Florida, after completing a competitive bidding process, awarded a contract to Contractor, and WHEREAS, the City of South Miami desires to utilize the State of Florida Contract and pursuant to authority ofthe City of South Miami's Charter. NOW, THEREFORE, the City and the Contractor, each through their authorized representative/official, agree as follows: 1. The City desires to enter into a Contract, under the same terms and conditions as set forth in the solicitation and the agreement between State of Florida and Contractor, pursuant Contract#600-000-11-1. 2. The City has reviewed the contract and agrees to the terms and conditions and further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such services under the same price(s), terms and conditions as found in Contract #600-000-11-1 and the agreement between State of Florida and Contractor., pursuant Contract #600-000-11-1, a copy of which, including any amendments thereto, is attached hereto and made a part hereof by reference. 3. All references in the contract between the State of Florida and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions that are to be made on behalf of the City, as set forth in the State of Florida's Contract #600-000-11-1 and its agreement with Contractor, shall be made by the City Manager for the City of South Miami. The term ofthe contract, including all extensions authorized by the contract shall not exceed five years. Notwithstanding anything contained in the Contract #600-000-11-1 or the State of Florida contract to the contrary, this agreement shall be governed by the laws ofthe State of Florida and venue for all dispute resolutions or litigation shall be in Miami-Dade County, Florida. 4. Notwithstanding anything contained in the contract to the contrary, the Thomas F. Pepe -7-16-14 Page 1 of6 provisions ofthis Agreement shall apply and take precedence over any contrary provisions in the contract between the Contractor and the State of Florida. s. Term: The term of the contract, including any extensions, shall not exceed five years. 6. Ownership of Documents: All documentation and work product produced as part of the contract shall become the exclusive property of the city. All bids/proposals and accompanying documentation received from the Contractor in response to a solicitation shall become the property of the city and will not be returned to the Contractor. This subsection shall be applicable to all responses to a solicitation, including but not limited to request for proposal, requests for qualification, requests for letters of interest and request for bids. 7. Public Records: Contractor and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or Services on behalf ofthe CITY and the Contractor, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. 8. Indemnification: Contractor shall comply with the indemnification requirements set forth in or as set forth in the attached Indemnification Exhibit. In addition, ifthe Contract requires the City to provide indemnification, nothing contained therein shall waive the City's right to sovereign immunity or the protection of s. 768.28, Florida Statutes. 9. Insurance -Bonding: Contractor shall comply with the insurance requirements set forth in the attached Insurance Exhibit. 10. Licenses and Certifications: Contractor shall secure all necessary business and professional licenses at its sole expense prior to executing the Agreement or commencing the Work. 11. Taxes: Contractor shall be responsible for all payments of federal, state, and/or local taxes related to the Operations, inclusive of sales tax if applicable. 12. Drug Free Workplace: The Contractor shall comply with the Drug Free Workplace policy set forth in attachment # two which is made a part of this agreement by reference. 13. Independent Contractor: Contractor is an independent entity under this Agreement and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 14. Entire Agreement, Modification, and Binding Effect: This Agreement constitutes the entire agreement ofthe parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. This Agreement shall be binding upon and inure to the benefit ofthe City and Contractor and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this agreement shall be valid or binding unless it complies with this paragraph. This agreement, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions ofthe parties. Thomas F. Pepe -7-16-14 Page 2 of6 15. Non-Waiver: City and Contractor agree that no failure to exercise and no delay in exercising any right, power or privilege under this Agreement on the part of either party shall operate as a waiver of any right, power, or privilege under this Agreement. No waiver of this Agreement, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this agreement. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this agreement as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 16. Rules of Interpretation: Throughout this agreement the male pronoun may be substituted for female and neuter and the singular words substituted for plural and plural words substituted for singular wherever applicable. 17. Cumulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor by the Contract Documents and the rights and remedies available to the City hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions ofthe Contract Documents. In order to entitle any party to exercise any remedy reserved to it in this Agreement, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. 18. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 19. Validity of Executed Copies: This agreement may be executed in several counterparts, each of which may be construed as an original. 20. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision ofthis Agreement shall be valid and enforceable to the fullest extent permitted by law. 21. No Discrimination: No action shall be taken by the Contractor, nor will it Thomas F. Pepe -7-16-14 Page 3 of6 permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis ofrace, creed, color, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The Contractor shall comply with the Americans with Disabilities Act. Furthermore, Contractor agrees that it will take affirmative action to ensure that such discrimination does not take place. 22. Equal Employment: In accordance with Federal, State and Local law, the Contractor shall not discriminate against any employee or applicant for employment because ofrace, color, ethnicity, religion, sex, sexual orientation, national origin or handicap. The Contractor shall comply with all aspects ofthe Americans with Disabilities Act (ADA) during the performance of this contract. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices. Thus, all individuals and entities seeking to do work for the CITY are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations ofthe United States Department of Justice pertaining to employment eligibility and employment practices. By signing this Agreement the Contractor hereby certifies under penalty of perjury, to the CITY, that Contractor is in compliance with all applicable regulations and laws governing employment practices. 23. Governing Laws and Venue: This Agreement and the performance of services hereunder will be governed by the laws ofthe State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 24. Attorneys' Fees and Costs: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. 25. Unauthorized Aliens: The employment of unauthorized aliens by the Contractor is considered a violation of Federal Law. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation ofthis Agreement. This applies to any sub-contractors used by the Contractor as well. The CITY reserves the right at its discretion, but does not assume the obligation, to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 26. Assignment: Contractor shall not assign or transfer its rights under this Agreement without the express written consent of the City. The Contractor shall not assign and of its duties, obligations and responsibilities. The City will not unreasonably withhold and/or delay its consent to the assignment of the Contractor's rights. The City may, in its sole discretion, allow the Contractor to assign its duties, obligations and responsibilities provided the assignee meets all ofthe City's requirements to the City'S sole satisfaction. The Thomas F. Pepe-7-16-14 Page 4 of6 Contractor shall not subcontract this Agreement or any of the services to be performed by it without prior consent of the CITY in writing. Any assignment or subcontracting in violation hereof shall be void and unenforceable. 27. Subcontracting: If allowed by this Agreement, the Contractor shall be as fully responsible to the CITY for the acts and omissions of its subcontractors as it is for the acts and omissions of people directly employed by it. All subcontractors and subcontractor agreements, if allowed by this Agreement, must be approved by the CITY. The Contractor shall require each subcontractor, who is approved by the CITY, to agree in its contract to observe and be bound by all obligations and conditions of this Agreement to which Contractor is bound. 28. Effective Date: This Agreement shall become effective and binding upon its execution by the City Manager .. 29. Third Party Beneficiary: It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this Agreement shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 30. Further Assurances: The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the Agreement. 31. Time of Essence: Time is ofthe essence of this Agreement. 32. Construction: This Agreement shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 33. Force Majeure: Neither party hereto shall be in default of its failure to perform its obligations under this Agreement if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives of the parties hereto have caused this instrument to be signed in their respective names by their proper officials and to be attested by their respective Clerks the day and year first above written. ATTEST: CITY OF SOUTH MIAMI By: __________________________ By: __________________ __ Maria M. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof Thomas F. Pepe -7-16-14 Page 5 of6 Steven Alexander City Manager By: ____ . Thomas F. Pepe City Attorney VENDOR By: _______________________ _ (type name and title of signatory above) Thomas F. Pepe -7-16-14 Page 6 of6 1.01 A. B. EXHIBIT I Insurance Requirements Insurance Without limiting its liability, the 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. 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. 1.02 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: 1.03 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. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.04 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobife 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 1.05 Umbrella Commercial 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: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) 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. 1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) 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: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.07 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. 1.08 Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, 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 and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, 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. 1.09 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. 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. 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 as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT 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 2 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 may be required by the CITY, at its sole discretion, to 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: (I) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall 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) a policy provision or an endorsement with substantially similar provisions as follows: ''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 ten (10) 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." 3 Indemnification Requirement A. The Contractor 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 Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall 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. paralegal fees and investigative costs incidental there to and incurred prior to. during or following any litigation. mediation. arbitration and at all appellate levels. 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 Contractor. 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. ariSing out of this Agreement. incident to it. or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims. 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 and arising from the negligent error. omission, or act of the Contractor. its Sub-Contractor or any of their agents. representatives. employees. or assigns. and/or arising out of, or incident to. this Agreement. or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor 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 Contractor, 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 Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor. its contractor/subcontractor or any of their agents. representatives. employees. or assigns. or anyone acting through or on behalf of them. E. The Contractor 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. Contractor's Responsibility Prior to Receiving a Notice to Proceed Prior to the City issuing a Notice to Proceed. the contractor shall deliver a copy (either hard copy or. preferably. electronically) of the policy. including the declaration page of the policy and all endorsements to the policy and that the contractor shall provide the City with the name, address. including email address. and phone number of the contractor's insurance agent. The Contractor's insurance agent must provide the City with evidence that the insurer issuing the policy, is licensed and authorized to do business in Florida. with policy documents that have been approved by the State of Florida and that the insurance carrier is not issuing the policy as a surplus lines carrier. It shall also request a citation to the page number of the policy, or the form number of the endorsement that meets the following City insurance requirements. and request that he or she highlight the relevant language of the portion of the policy and/or the endorsements that. in his or her estimation. meets these reqUirements: 4 The endorsements or the policy must provide or show that: a) the city is an additional insured; b) coverage includes contractual liability; c) the City will be provided at least 10 days advanced notice of any cancellation of the policy. including cancelation for non-payment of premium and at least 30 days' advanced notice of any material changes to the policy or of cancellation for any reason other than non-payment; and d) either policy provision or an endorsement providing that the policy is primary and non-contributory. such as an endorsement that provides that the vendor's policy is primary over all of the city's applicable insurance and that treats the city's policies as excess coverage. It may be that some of these provisions are combined into one endorsement or contained in the policy itself. If the policy does not have an advanced notice of cancellation provision that supplies the City with advanced notice. the contractor can still comply with the insurance requirement if the contractor provides the city with proof that the policy premium has been paid in full and provided the contractor pays a monitoring fee. currently set at $25 per month. 5 EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS I. Respondent's Sworn Statement Under Section 287.133(3)(A), Florida Statutes, on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. 2. 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 individual(s)/firm may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. 3. All proposals received will be considered public records. The City will consider all quotations using such criteria as the Commission or City Manager may adopt at either of their sole discretion. The individual(s)/firm 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, including 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 InterestiNon 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 #S "Related Party Transaction Verification Form" shall be completed and provided with the proposal submittal. Page 10[10 ATTACHMENT # I PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, 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 SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to ------------------------------------[print name of the public entity] by ____________________________________________________ _ [print individual's name and title] for -------------------------------------------------------------[print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is _________ _ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (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 public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (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, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of gUilty or nolo contender. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (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 in the management of the entity and who has been convicted of a public 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 in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (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 applies 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.] 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 I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 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, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the final order.] 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. Sworn to and subscribed before me this Personally known or Produced identification (Type of identification) [signature] day of ,20 ------------- Notary Public -State of ------ My commission expires ------------- (Printed, typed or stamped commissioned name of notary public) Form PUR 7068 (Rev.06/11192) 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 procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In 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 in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in 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. In 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 in 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. PROPOSER's Signature: Print Name: Date: ----------------- Page 5 oflO ATTACHMENT #3 "No CONFLICT OF INTEREST/NoN COLLUSION AFFIDAVIT" Submitted this __ day of ____________ ,. 20. ____ , 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 in the Contract to which this RFP pertains; 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: Name Street Address City State Zip 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 interest directly or indirectly in the profits or emoluments of the Contract. job, work or service to which the response/submission pertains. Signature: Printed Name: -------------------------------------- Title: Telephone: ------,-------------------------------- Company Name -------------------------------------- Continuation of Attachment #3No Conffict of inter/Non-Collusion Certification Page 6 of 10 NOTARY PUBLIC: STATE OF .---,---------- COUNTY OF The foregoing instrument was acknowledged before me this ___ day of ______________ ~.20 by __________________________ __ (name of person whose signature is being notarized) who is SEAL Personally known to me. or Personal identification: Type of Identification Produced Did take an oath. or Did Not take an oath. (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 We, , (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): to comply with such act or regulation. CONTRACTOR Witness BY: ____________________________ ___ Name Title FAILURE TO COMPLETE. SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Page 8 ofl0 ATTACHMENT#5 "RELATED PARTY TRANSACTION VERIFICATION FORM" _______________ " individually and on behalf of ______________ _ ("Firm")have Name of Representative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics, Section SA-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: (I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) 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 SA-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 (Le., 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, Le., "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 #1 below]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (Le., 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 #1 below] (5) I 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 # 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. 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) I 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 #1 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) I 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 # 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. have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: _____________ _ Print Name & Title: ______________ _ Date: ___________ _ ATTACHED: Sec. 8A-1 -Conflict of interest and code of ethics ordinance. Municode Page IOf4 Sec. SA-I. -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: (I) 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 # 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)(I) 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: ( I) 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: (I) 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)(l) 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)( I) 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: (I) 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)( I) 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)( I) 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)( I) shall not apply to: a. Political contributions specifically authorized by state law; 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. 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)( I) 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)( I) through (6). or for any person included in the terms defined in paragraphs (b)( I) 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)( I); 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)( I) 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 I 12. 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)(l) 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) E.xp/oitation of official position prohibited. No person included in the terms defined in paragraphs (b )( I) 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)( I) 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)( I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (I) 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)(I) 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. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)( I), (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) (I) 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)( I) 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)( I) 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. (I) No person included in the terms defined in paragraphs (b)(I). (5) and (6) shall. for a period oftwo years after his or her city service or employment has ceased. lobby any city official [as defined in paragraphs (b)( I) 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. 50 I (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)( I) 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)( I) 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)( I) 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 SA-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)( I) 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-/680, § 2. 3-2-99) Editor's note-Ord. No. 6-99-16S0. § I. adopted 3-2-99. repealed §§ SA-I and SA-2 in their entirety and replaced them with new §§ SA-I and SA-2. Former §§ SA-I and SA-2 pertained to declaration of policy and definitions. respectively. and derived from Ord. No. 634. §§ I (I A-I). I (I 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. From: Cc: Bcc: Subject: Date: Attachments: Importance: Kulick, Steven P Webster, John; Menendez, Maria M, "rrajtan@solutions,canoo,com"; "Larry King"; "kmckeooa@kmbs,koojcamioolta,us"; "ddoyleir@deximagjog,com"; "rudolfer@lexmark,com"; "Staoford@lexmark,com"; "contract@Dcmg,com"; "chris, barrett@qualpath,com" ; "robert,mcdermott@danwood,com"; "joaooe,paul@tabs,toshjba,com"; "bkjmbel@unjtedsolutjoos,coop"; "dj@mts-software,net"; "theresa,liuzzQ@xerox,com"; "SAEVSO@officesalesagent.com"; "!::!~lIoran@oce,com"; "mwolff@a-bs,com"; "frank@yesdelta.com"; "scott.brom@harrisbusjnessmachines,com" Copier Quotation Request: State of Florida Contract #600-000-11-1 Tuesday, October 14, 2014 4:26:00 PM FINAL ITO Copier Lease 10,14,14,pdf High Re: State of Florida Contract #600-000-11-1 "Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services" Good afternoon, The City of South Miami will be soliciting quotations through the State of Florida Contract #600- 000-11-1 for our copier requirements, Attached is an Invitation to Quote, ITQ #FN2014-02, for your review, Please provide a quotation and proposal based on the State of Florida Contract and the "City of South Miami Copier Activity File" included with ITQ #FN2014-02. The ITQ includes current model numbers, pages per minute, black and white and color copies made over a 30 month term. We are looking for comparable equipment and features. Please refer to the Scope of Services provided in the ITQ for details, however a summary of the request is provided below: 1, A per copy charge; B/W and Color, 2. A minimum copy charge, if any. 3. Individual and Combined Monthly lease charge for the 13 copiers on site. 4, Quote a Lease Term for 36,48 and 60 Months. Indicate if there are equipment replacement options for lease terms over 36 Months, Please submit a response by 10 AM, Wednesday, November 5, 2014 as per the submission requirements provided in the ITQ, If you have any questions or need clarification, please send all inquiries via email. All question must be received by 10 AM, Thursday, October 30, 2014. The Cone of Silence is in effect. All communication relating to this quotation request must be in writing, Regards, Steven Kulick, C.P.M. Purchasing Manager/Procurement Division City oj South Miami -6130 Sunset Drive -South Miami, FI 33143 Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamifl.gov Date: ITQ Title: ITQ No.: 9 10 11 SoutH Miami THE CITY Of PLEASANT LlVINC Pre-Bid Conference Sign-In Sheet October 27, 2014 Multifunctional Copier Lease FN2014-02 C:\Users\skulickCSMl \Documents\South Miami\Templates\Pre·Bid Meeting Sign-In Sheet.doc BID OPENING REPORT Bids were opened on: _ November 5, 20~1c...!4 _____ .........!!a=ft=erc..!..:_1!..!:O:..!..!:O~O=am~. For: ITO # FN 2014-02 -Multifunctional Copier Lease COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT: AMOUNT: , ____________ ......... ____ ..... _ ··~· .. · .... ···~ .. ·· .. ··· .. · .. · .. -·~(36MO·::.:N...:..,:r::..:.H-:-:cS-:---...::.:4:::':'a=-=M=-=O:":"'N:'::r-=-H-S)-.. - 1. CANON BUSINESS SOLUTIONS $2,026.49/monthly $1,702.53/monthly 2. DELTA BUSINESS SOLUTIONS $1,794.00/monthly $1,492.00/monthly 3. TOSHIBA BUSINESS SOLUTIONS $1,S04.00/monthly $1,148.00/monthly 4. XEROX CORPORATION $1,709.10/monthly $1,3S3.63/monthly THE ABOVE BIDS HA VE NOT BEEN CHECKED. THE 8ms ARE SUBJE~r TO CORRECTION AFnR THE 8IDS HAVE BE,EN UI'U'TELY REVIEWED. City c'erk:.J01~\-~~{).~~_._ -....~~k-.. ~-... -.. _____ _ ··~p~T N:il1lC (A) ! L (~. Je ( __ .~::::1J~~~·,=·~·· Witness:.:::.=:2D.llJr.L .... :.......2J2 . .:J. __ ... _ ............ _ ....... -L.-;ry_-L,/+--_~. __ .. __ ----,;V __ ._ f'r.!111 Name . ) I jf w"nc"'."~t:%;;; • .L~,tc--LC ! TOSHIBA BUSINESS SOLUTIONS Complete Office Control I (ITY OF SOUTH MIAMI TOSHIBA BUSINESS SOLUTIONS:---------------------,---------- Contents 15050 NW 79'h Court, Suite 203 Miami FL, 33016 Annie Cruz 305-710-7989 Annie.Cruz@tbs.toshiba.com Executive Summary ....................................................................................................................................... 3 Cover Sheet ................................................................................................................................................... 5 Exhibit 2 ........................................................................................................................................................ 6 Attachment #1 Public Entity Crimes and Conflicts of Interest .................................................................. 6 Attachment # 2 "Drug Free Workplace" ................................................................................................... 9 Attachment # 3 "No Conflict of Interest/Non Collusion Affidavit" ......................................................... 10 Attachment #4 "Acknowledgement and Conformance with OSHA Standards" ..................................... 12 Attachment #5 "Related Party Transaction Verification Form" ............................................................. 13 Scope of Services ........................................................................................................................................ 20 City of S. Miami Copier Activity (Price Proposal) .................................................................................... 20 Service Methodology .............................................................................................................................. 22 Equipment ............................................................................................................................................... 27 Brochures .................................................................................................................................................... 30 Toshiba Business Solutions USA, Inc., Proposal Response to City 0/5. Miami, ITQ #FNR2014-02 Page 2 TOSHIBA BUSINESS SOLUTIONS ,~"~~-- Executive Summary 15050 NW 79th Court, Suite 203 Miami FL, 33016 Annie Cruz 305-710-7989 Annie.Cruz@tbs.toshiba.com Toshiba Business Solutions (TBS) is pleased to present the following response to the City of S. Miami's Invitation to Quote. The purpose of this proposal is to establish a thirty six (36) month or forty eight (48) month contract for Multifunctional equipment, identified on the State of Florida Contract #600-000-11- 1. In addition, our objective is to implement a strategic plan where TBS can accomplish equipment reduction, improve and optimize print/copy environment, provide an electronic document output analysis and identify cost savings. TBS is the second largest wholly owned subsidiary of Toshiba America Business Solutions in the United States. TBS has the financial strength, corporate infrastructure and the necessary experience to assist the City of S. Miami with the output management and implementation of multi-functional devices. Our experience with large scale printer and copier fleets both in the U.S. and in South Florida allows us to have a true understanding of your initiative. TBS Florida currently services over 2600 MFD customers is Broward, Dade and Palm Beach Counties along with servicing over 660 customers for Printer Maintenance. Our proposal offers the City of S. Miami a cost-effective vehicle to obtain Toshiba products and related services as outlined in the ITQ. Our program provides responsive and local service, knowledgeable technical support, online procurement and service requests, fleet management tools, and dedicated account management team. Toshiba has demonstrated, through our analytical tools, methodology and improvement programs, an unparalleled strength in the area of document assessment, asset management and fleet optimization. These programs give TBS the ability to further define the City of S. Miami's, current expense and usage patterns enterprise wide and associate those patterns to asset distribution. With this information at hand, TBS will make recommendations that will improve asset management and optimize the distribution of document output. The primary goals of this proposal are as follows: • Provide a creative solution that offer significant cost reductions without sacrificing functionality and quality service levels • To reduce the number of printers, copiers, scanners, and fax machines by better utilizing MFDs • To provide device management in a proactive manner Toshiba will also provide these dedicated resources to support the City of S. Miami throughout the engagement: • Account Management Team comprised of experienced managers and support staff. • Transition Team for ensuring a seamless transition and deployment of devices. • Network of Toshiba trained and certified technicians. • Corporate resources in the areas of centralized dispatch, national service, technical support, information systems, product marketing, billing, contract administration, and professional services. Toshiba Business Solutions USA, Inc., Proposal Response to City o[S. Miami, ITQ #FNR2014-02 Page 3 TOSHIBA BUSINESS SOLUTIONS 15050 NW 79'h Court, Suite 203 Miami FL, 33016 Annie Cruz 305-710-7989 Annie.Cruz@tbs.toshiba.com As you read through our proposal, you will discover many unique advantages for selecting Toshiba as your partner. Our approach blends innovative solutions, quality products, expedient service, strong account management, and creative pricing solutions. Rest assured as a business partner, we will achieve the City's goal to drive standardization of models across the organization, leveraging your purchasing power and providing the highest quality of service available at aggressive rates. Once again, on behalf of the entire Toshiba team, thank you for the opportunity to participate and we look forward to the next steps. Matt Barnes President Toshiba Business Solutions USA, Inc., Proposal Response to City 0/5. Miami, ITQ #FNR2014-02 Page 4 TOSHIBA 15050 NW 79th Court, 5uite 203 Miami FL, 33016 Annie Cruz 8USINE.~.~.~~--------------------'--------------------305-710-7989 Annie.Cruz@tbs.toshiba.com Cover Sheet SUBMITTED TO: NAME: ADDRESS: CITY/STATE: PHONE: CITY OF SOUTH MIAMI INVITATION TO QUOTE ITQIIFNR2014·02 PROPOSALS/PRICING SHALL BE BASED ON THE STATE OF FLORIDA CONTRACT 11600-000-11-1 OtyGerk PROJECT: Multifunctional Copier Lease Maria Menendez, CMC ADDRESS: Various Locations in the City 6130 Sunset Drive CITY/STATE: South Miami, FI 33143 Miami, Florida 33134 ISSUE DATE: Tuesday, October 14, 2014 305·663·6339 E-MAIL: :1r..ul ick@sQuthrrliamin,gov. MANDATORY PRE'QUOTE MEETING: Monday, October 27, 2014 at 10 AM DUE DATE: Wednesday, November,S, 2014 at 10 AM QUOTE SUBMISSION REQUIREMENTS: Quotes submitted after 10 AM on the due date will not be accepted unless otherwi98 specified in the quote document of a time change. All quotes will be submitted to the City Clerk's Office in a sealed envelope. Refer to the Scope of Services "Submission Requirements" for additional requirements. The label on the on the envelope needs to read as follows: City of South Miami Maria M. Menendez, CMC 6130 Sunset Drive South Miami, Fl. 33143 Project Name: Multifunctional Copier Lease Must input project name. Iflabel does not have all information above your quote will not be accepted. INSURANCE REQUIREMENTS: The Oty's Insurance Requirements are attached (Exhibit 1). Asa condition of award, the awarded vendor must provide a certificate of insurance naming the cibj as additional in9.Jred. AFFIDAVITS REQUIRED WITH SUBMITTAL: (Exhibit 2) Respondents must complete and submit with you,' 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 October 30, 2014 to the attention of Mr. Steven Kulick, Purchasing Manager at skulick@southmiamifl.gov. SCOPE OF WORK DESCRIPTION (TO BE COMPLETED BY CITY): REFER TO "SCOPE OF SERVICES," COPY ATTACHED DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: Item Number It ern Description Unit I Qty Amount See Attached Scope of Services and Copier Activity File FOR SUBMISSION OF PROPOSALS, REFER TO SCOPE OF SERVICES -Contractor shall furn,,,, all matenals and equ'pment necessary to secure complenon of the work. LDntractor shall be compensated according to the quote submitted. G:.ntractor may choose to submita quote on company letterhead but must be attached to this form. Mandatory Pre-quote meeting is scheduled Monday, October 27, 2014 at 10 AM at City Hall, 6130 Sunset Drive, South Miami, FI 33143. Deadline to submit is: November S, 2014 at 10 AM. PrintiType Name: Matthew Ba rnes Phone: 561-428·1300 Signature: Date: E-mail: Matthew BaroesCWtbs toshiba com Fax: fj61·556·3575 Firm Name: Toshiba Business Solutions (USA) Inc. F.E.I.N. No.: 33·0622:$09 Address: 6401 Nob Hill Road City: Tamarac: state: Fl THE EXEaJTION OflHIS FORM CONSTITUTES THE UNEQI.UVOCAl OFFER OF PROPOSER TO BE BOUNO BY THE TERMS OF ITS PROPOSAL FAlWRE TOSIGN THIS SOLIOTATION WHERE INOKATEOABOVE BY AN AUTHOR ClEO REPRESENTATI\fESHALlRfNDERTHE PROPOSAl NOI'\1-RESPONSIVE. THEcrrv MAY, HO\fIJEVER,IN ITS SOLE OISCRETlON"A<X£PT ANY PROPOSAL THAT INCWDES AN EXECUTED DOCUMENT WHICH UNEQUN"OCALl Y mNOO THE PROPOSER TOTHETERM') OF rrs OFfER. THE CITY'S REQUEST FOR QUOff3 IS FOR THE LOWEST AND MOST RESPONSIVE PRI<E, THE CITY RESERVES THE RIGHT TOAWAROTHE PROJE<l TOTHEFIRM CONSIDERED THE BEST TO SERVE THE crn's INTEREST. Toshiba Business Solutions USA, Inc., Proposal Response to City 0[5. Miami, ITQ #FNR2014-02 Page 5 TOSHIBA 15050 NW 79th Court, Suite 203 Miami Fl, 33016 Annie Cruz BUSINE!';~§E_LU_Tl_DN_S-----------------------------305-710-7989 Annie.Cruz@tbs.toshiba.com Exhibit 2 #1 Interest ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133. Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity. may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor. supplier. Subcontractor. or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017. 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 SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to Toshiba Business Solutions (USA) Inc. [print name of the public entity] by Matthew Barnes, President [print individual's name and title] for Toshiba Business Solutions (USA) Inc. [print name of entity submitting sworn statement] whose business address is 6401 Nob Hill Road, Tamarac Fl, 33321 and (if applicable) its Federal Employer Identification Number (FEIN) is _3_3_-06_2_23_09 _____ _ (If the entity has no FEIN. include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (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 public entity or an agency or political subdivision of any other state or of the United States and involving antitrust. fraud, theft, bribery, collusion. racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I )(b). Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or Toshiba Business Solutions USA, Inc., Proposal Response to City 0[5. Miami, ITQ #FNR2014-02 Page 6 TOSHIBA 15050 NW 79th Court, Suite 203 Miami FL, 33016 Annie Cruz BUSINESS SOLUTIONS------------------·-------------305-710-7989 Annie.Cruz@tbs.toshiba.com ~~.~.-~.~~--- without an adjudication of guilt. in any federal or state trial court of record relating to charges brought by indictment or information after July I. 1989. as a result of a jury verdict. non-jury trial. or entry of a plea of guilty or nolo contender. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (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 in the management of the entity and who has been convicted of a public 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 in Florida during the preceding 36 months shall be considered an affiliate. S. I understand that a "person" as defined in Paragraph 287.133 (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 applies 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 I. 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders. employees. members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I. 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, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the final order.] Toshiba Business Solutions USA, Inc., Proposal Response to City 0[5. Miami, ITQ #FNR2014-02 Page 7 TOSHIBA BUSINE.?~~_OL_UT_ION_S:------------·-------------- 15050 NW 79'h Court, Suite 203 Miami Fl, 33016 Annie Cruz 305-710-7989 Annie.Cruz@tbs.toshiba.com Continuation of Attachment #2 Public E.ntity 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. Sworn to and subscribed before me this Personalty known or Produced identification day of Notary Public -State of [signature] ,20 ------------ My commission expires ____ . __ (Type of identification) (Printed, typed or stamped commissioned name of notary public) Form PUR 7068 (Rev.06111192) Toshiba Business Solutions USA, Inc., Proposal Response to City o[S. Miami, ITQ #FNR2014-02 Page 8 TOSHIBA BUSINES.!'l_§_OL_U_TI_ON_S;-------------------' #2 ATTACHMENT #2 "DRUG FREE WORKPLACE" 15050 NW 79'h Court, Suite 203 Miami FL, 33016 Annie Cruz 305-710-7989 Annie.Cruz@tbs.toshiba.com 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 procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program_ In 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 in the workplace and specifying the actions that will be taken against employees for violations of such prohibition_ 2. Inform employees about the dangers of drug abuse in 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. In 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 in the workplace no later than five (5) days after such conviction. S. 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, 1 certify that this firm complies fully with the above requirements. PROPOSER's Signature: Print Name: Matthew Barnes ------------------ Date: Toshiba Business Solutions USA, Inc., Proposal Response to City 0[5. Miami, ITQ #FNR2014-02 Page 9 TOSHIBA 15050 NW 79'h Court, Suite 203 Miami Fl, 33016 Annie Cruz BUSINESSS~O~L~UT~I~ON~S!-----------------------------------------------------------------305-710-7989 Annie.Cruz@tbs.toshiba.com #3 ATTACHMENT #3 "No CONFLICT OF INTEREST/NoN COLLUSION AFFIDAVIT" Submitted this __ day of ___________ • 20 ___ _ 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 in the Contract to which this RFP pertains; 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: Name Street Address City State ZIP Matthew Barnes 6401 Nob Hill Road Tamarac Fl 33321 ------------1----------1------------------- Annie Cruz 15050 NW 79th Court, Ste 203 Miami Fl 33016 --------------\-----------------------------_. -------------j ---------------'---------------------------------------'-------------' 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 interest directly or indirectly in the profits or emoluments of the Contract, job, work or service to which the response/submission pertains. Signature: ------------------- Printed Name: Matthew Barnes -------------- Title: President Telephone: ____ Illi..'HZll.:11QlL ___ _ Company Name _ Toshiba Business Solutions (USA) In.:.:c,-______ _ Continuation of Attachment #3No Conmct of inter/Non-Collusion Certification Toshiba Business Solutions USA, Inc., Proposal Response to City 0[5_ Miami, ITQ #FNR2014-02 Page 10 TOSHIBA 15050 NW 79th Court, Suite 203 Miami FL, 33016 Annie Cruz BUSINESS SOLUTIONS -----------------------------305-710-7989 Annie.Cruz@tbs.toshiba.com >"-'~~-- NOTARY PUBLIC: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ___ day of _________ , 20 by.:---:--______________ (name of person whose signature is being notarized) who is SEAL Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. ----------------- (Name of Notary Public: Print, Stamp or type as commissioned.) FAILURE TO COMPLETE, SIGN, & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Toshiba Business Solutions USA, Inc., Proposal Response to City o/S. Miami, ITQ #FNR2014-02 Page 11 TOSHIBA BUSINESS SOLUTIONS---' ~<~~~ •• ~----- #4 15050 NW 79th Court, Suite 203 Miami FL, 33016 Annie Cruz 305-710-7989 Annie.Cruz@tbs.toshiba.com ATTACHMENT #4 .. ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We, Toshiba Business Solutions (USA) 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): NONE to comply with such act or regulation_ CONTRACTOR Toshiba Businesss Solutions (USA) Inc. BY: Matthew Barnes Name President Title Witness FAILURE TO COMPLETE, SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Toshiba Business Solutions USA, Inc., Proposal Response to City o[S. Miami, ITQ #FNR2014-02 Page 12 TOSHIBA 15050 NW 79th Court, Suite 203 Miami FL, 33016 Annie Cruz BUSINES."ll~_L_UT_ID_N_S--------------------------------------305-710-7989 Annie.Cruz@tbs.toshiba.com #5 ATTACHMENT#5 "RELATED PARTY TRANSACTION VERIFICATION FORM" I Matthew Barnes , individually and on behalf of Toshiba Business Solutions (USA) Inc. ("Firm")have Name of Representative CompanyNendorlE.ntity read the City of South Miami ("City")'s Code of Ethics, Section SA-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: (I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) 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 SA-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, ie., 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 #1 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 #1 below] (5) I 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 ofthe general public, for our personal gain or Note # I: While the ethics code still applies, if the person executing this fonn is doing .0 on behalf of a finn with more than 15 employees, the statement in this sec:tion shall be based solely on the signatory's pe ... onallmowledge and he/she is not required to make an independent investigation as to the relationship of employees; if the firm is a publkly traded c:ompany. 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 membe ... of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees. offic:e .... or directors of the Finn. or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. Toshiba Business Solutions USA, Inc., Proposal Response to City o[S. Miami, ITQ #FNR2014·02 Page 13 TOSHIBA 15050 NW 79th Court, Suite 203 Miami FL, 33016 Annie Cruz BUSINESSS~O~L~UfTI~O~N~S----------------------------------------------------------------------305-710-7989 Annie.Cruz@tbs.toshiba.com 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) I 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 #1 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) I 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 # I: While the ethics code sti" 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 rebtionship of employees; if the firm is a publicly traded company, the statem ent in this section sha" be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the .. elationship 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 Dr the immediate family members of elected and/or appointed official Dr employee Dr as to the relationship by blood or marriage of employees, offkers, 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. Toshiba Business Solutions USA, Inc., Proposal Response to City 0[5. Miami, ITQ #FNR2014-02 Page 14 TOSHIBA 15050 NW 79th Court, Suite 203 Miami Fl, 33016 Annie Cruz BUSINESS SOLUTIONS-------------------------------------.. ,~,~~~---305-710-7989 Annie.Cruz@tbs.toshiba.com have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge. information and belief. Signature: _____________ _ Print Name & Title: Matthew Barnes. President Date: ______________ _ ATTACHED: Sec. SA-I -Conflict of interest and code of ethics ordinance. Municode Page IOf4 Sec. SA-I. -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: (I) 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 com munity 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. (S) 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 # I: While the ethics code still applies, if the person executing this fonn 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 finn 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, olf"lCers, 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. Toshiba Business Solutions USA, Inc., Proposal Response to City 0/5. Miami, ITQ #FNR2014-02 Page 15 TOSHIBA 15050 NW 79th Court, Suite 203 Miami FL, 33016 Annie Cruz 8USINESS~.OLUTIONS---------------------------------305-710-7989 Annie.Cruz@tbs.toshiba.com No person included in the terms defined in paragraphs (b)(l) 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: (I) The payment of taxes, special assessments orfees 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 (I) 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' Com petitive 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 currulative. 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)(l) 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)(l) 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: (I) 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)(I) 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)( I) 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)(l) shall not apply to: a. Political contributions specifically authorized by state law; Note # I: While the ethics code still applies. if the pe ... on 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 pe ... onal 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 pe ... onal 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. office .... 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. Toshiba Business Solutions USA, Inc., Proposal Response to City 0[5. Miami, ITQ #FNR2014-02 Page 16 TOSHIBA 15050 NW 79th Court, 5uite 203 Miami FL, 33016 Annie Cruz BUSINESS SOLUTIONS 305-710-7989 Annie.Cruz@tbs.toshiba.com 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)(l) 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)(l) through (6), or for any person included in the terms defined in paragraphs (b)(l) 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)( I); 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)(l) 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)(I) 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)(I) 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) Confilctlng employment prohibited. No person included in the terms defined in paragraphs (b)(l) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (I) 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 perm itted 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 fonn 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 finn 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 Finn or of the financial interest in the Finn 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. Toshiba Business Solutions USA, Inc., Proposal Response to City 0[5. Miami, ITQ #FNR2014-02 Page 17 TOSHIBA 15050 NW 79'h Court, Suite 203 Miami FL, 33016 Annie Cruz BUSINESS S~O:'.!L:.!:U~T!!:IO~N'.:!S---------305-710-7989 Annie.Cruz@tbs.toshiba.com 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-II 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 em ployees engaged in any outside em ployment 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)(l) 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 pu blic interest. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)( I). (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) (I) 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)(l) 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 fonn is doing so on behalf of a finn with more than IS 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 finn 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. Toshiba Business Solutions USA, Inc., Proposal Response to City 0[5. Miami, ITQ #FNR2014-02 Page 18 TOSHIBA 15050 NW 79th Court, Suite 203 Miami FL, 33016 Annie Cruz BUSINESSSOLUTIONS-----------------------------------------------------------------------'h. ___ _ 305-710-7989 Annie.Cruz@tbs.toshiba.com No person included in the terms defined in paragraphs (b)(l) 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 selVlce. (I) No person included in the terms defined in paragraphs (b)(I), (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)(I) 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 ofthis subsection shall apply to all persons described in paragraph (p)(l) 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)( I) whose city service or em ployment 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)( I) 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)(l) 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, § I, adopted 3-2-99, repealed §§ 8A-1 and 8A-2 in their entirety and replaced them with new §§ 8A-1 and 8A-2. Former §§ 8A-1 and 8A-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (lA-I), I (IA-2) adopted Jan . 0011,1969. Note # I: While the ethics code still applies, if the person executing this fonn is doing so on behalf of a finn with more than 15 employees, the statement in this section shall be based solely on the signatory's personallmowledge and he/she is not required to make an independent investigation as to the relationship of employees; if the finn is a publicly traded company, the statement in this section shall be based solely on the signatory's personallmowledge 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 Finn 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 Finn, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. Toshiba Business Solutions USA, Inc., Proposal Response to City 0/5. Miami, ITQ #FNR2014-02 Page 19 TOSHIBA 15050 NW 79th Court, Suite 203 Miami Fl, 33016 Annie Cruz BUSINESS SOLUTIONS--------------------------'--------305-710-7989 Annie.Cruz@tbs.toshiba.com Scope of Services ity S, Mhuni Ipl ity (Pri l Ipl I) REFER TO SCOPE OF SERVICES FOR PROPOSAL SUBMITTAL INSTRUCTIONS CITY OF SOUTH MIAMI COPIER ACTIVITY FILE SUBMIT LEASE PROPOSAL Model and Optional Rated Department Total Total Proposed 36Mth 48Mth B&W Color Accessories Copies B&W Color Equipment Lease Lease Copies Copies Per Copies Copies Minute iR2535 35 Police 131,815 nfa Toshiba e-$80.00 $61.00 $0.0057 nfa 1 CABINETTYPE-C Communications studio 357 1 INNER FINISHER-Bl 1 COLOR SEND KIT-Yl iR6065 65 Clerk 449,941 nfa Toshiba e-$184.00 $141.00 $0.0039 nfa 1 STAPLE FINISHER-El Studio 657 1 UTILITYTRAY-A2 1 EXTERNAL 2f3 HOLE PUNCHER-Al 1 SUPER G3 FAX BOARD-AFl 1 UTILITYTRAY-A2 iR6055 55 Planning Finance 173,890 nfa Toshiba e-$166.00 $126.00 $0.0041 nfa 1 EXTERNAL 2f3 HOLE Studio 557 PUNCHER-Al 1 UTILITYTRAY-A2 1 STAPLE FINISHER-El iR2535 35 Police 221,343 nfa Toshiba e-$80.00 $61.00 $0.0057 nfa 1 CABINETTYPE-C Studio 357 IINNER FINISHER-Bl 1 COLOR SEND KIT-Yl iRC5035 35 Police 83,418 Toshiba e-$166.00 $127.00 $0.0060 $0.0430 1 INNER FINISHER-A1 colorf3 77,346 Studio 3555c 1 ADDITIONAL 5 black MEMORY TYPE B (512MB) 1 UTILITYTRAY-A2 IINNER FINISHER ADDITIONAL TRAY-Al 1 CASSETTE FEEDING UNIT-AD1 iR2535 35 Code 111,651 nfa Toshiba e-$80.00 $61.00 $0.0057 nfa 1 CABINETTYPE-C Enforcement Studio 357 1 INNER FINISHER-Bl 1 COLOR SEND KIT-Yl iR1025iF 25 Motor Pool nfa Toshiba e-$73.00 $56.00 $0.0069 nfa 14,710 Studio 257 Toshiba Business Solutions USA, Inc., Proposal Response to City 0[5. Miami, ITQ ffFNR2014-02 Page 20 TOSHIBA 15050 NW 79th Court, Suite 203 Miami FL, 33016 Annie Cruz BUSINESS SOLUTIONS-----------------------------------305-710-7989 Annie.Cruz@tbs.toshiba.com , ~~=~-- iR6055 55 Planning 154,207 n/a Toshiba e-$157.00 $120.00 $0.0041 n/a 1 STAPLE FINISHER-El Studio 557 1 UTILITYTRAY-A2 iRC5035 35 Finance/Central 120,687 110,99 Toshiba e-$179.00 $136.00 $0.0060 $0.0430 llNNER FINISHER-Ai color/3 Services 9 Studio 3555c 1 PAPER DECK UNIT-S black Bl 1 CASSETIE FEEDING UNIT-ADl llNNER FINISHER ADDITIONAL TRAY-Ai 1 SUPER G3 FAX BOARD-AEl iR2535 35 Parks & Rec. 260,018 n/a Toshiba e-$93.00 $71.00 $0.0057 n/a 1 CABINETTYPE-C Studio 357 llNNER FINISHER-Bl 1 COLOR SEND KIT-Yl 1 SUPER G3 FAX BOARD-AGl iR2535 35 Public Works n/a Toshiba e-$93.00 $71.00 $0.0057 nfa 1 CABINETTYPE-C 64,759 Studio 357 1 INNER FINISHER-Bl 1 COLOR SEND KIT-Yl 1 SUPER G3 FAX BOARD-AGl iR1025iF 25 Senior Center n/a Toshiba e-$73.00 $56.00 $0.0069 nfa 35,199 Studio 257 iR2535 35 Community 114,947 n/a Toshiba e-$80.00 $61.00 $0.0057 nfa 1 CABINETTYPE-C Redevelopment Studio 357 llNNER FINISHER-Bl 1 COLOR SEND KIT-Yl TOTAL MONTHLY LEASE CHARGE $1,504.00 $1,148.00 Toshiba Business Solutions USA, Inc., Proposal Response to City o/S. Miami, ITQ #FNR2014-02 Page 21 TOSHIBA 15050 NW 79'h Court, Suite 203 Miami FL, 33016 Annie Cruz 8USINES~",~E.!-_UT_ID~---------'----------------------305-710-7989 Annie.Cruz@tbs.toshiba.com Toshiba is recognized as the service leader in the industry, as evidenced by numerous 11arketTooIs industry awards and an outstanding performance record. This also is due to the high ~'"~.~~~~~ standards that we require of, and enforce with, our service providers as well as the training and certification programs we administer to ensure that all service technicians are knowledgeable and have all the necessary resources when they are dispatched for service. Toshiba has over 3,500 service technicians as well as regional experts nationwide to support our customers. Our service infrastructure includes Toshiba Engineers, Advanced Technical ACI!: award Service Specialists, Network Professionals, Solutions Design Experts, and other support 2012 personnel to attend to all of your equipment and service needs. Maintenance and Support Services Toshiba's service and support model focuses on the use of highly experienced, certified, and responsive technicians; adherence to strict maintenance schedules; tracking equipment performance; and compliance with manufacturer specifications. With one of the largest service organizations in our industry, we can provide the City of S. Miami with consistent, high-quality service throughout the term of the contract. We have proven the effectiveness of our service model on thousands of contracts where we are or have been providing equipment, services, and fleet assessment and print optimization. Our value added service and maintenance programs for The City of S. Miami include. ~ Service Dispatch Center -Toshiba's Dispatch Center will support all end users by receiving, logging, and tracking all service and supply requests in a centralized environment. ~ Prompt Service -Trained and certified service technicians will correct any deficiencies and perform repairs in response to service calls. This includes necessary adjustments to equipment, repairs, or replacement of parts which Toshiba determines to be unserviceable. ~ Parts/Supplies -We will provide all parts and consumables on time and in the correct types and quantities. Each of our service providers maintains a full stocked inventory of common replacement parts and supplies. ~ Toner Recycling -To support local recycling and conservation, Toshiba extends our "Zero Waste to Landfill" recycling program to all locations for disposing of your spent consumable supplies. ~ Preventive Maintenance -We will perform all scheduled preventive maintenance on time and to your satisfaction to ensure your products are always running at optimum levels. This includes identifying potential problems and correcting them before they occur to increase the uptime of your units and reduce the number of service calls. " Escalation Management -We offer a clearly defined escalation process to resolve poor performance issues quickly, efficiently, and to your complete satisfaction Toshiba Business Solutions USA, Inc., Proposal Response to City 0/5. Miami, ITQ #FNR2014-02 Page 22 TOSHIBA BUSINESS SOLUTIONS 15050 NW 79th Court, Suite 203 Miami FL, 33016 Annie Cruz 30S-710-7989 Annie.Cruz@tbs.toshiba.com .'jY Fleet Monitoring -Remote and continuous fleet monitoring is part of ensuring business continuity through improved device uptime and reliability. ~ Online Services -To assist you in managing your account, we provide our Global Services Portal (GSP), a secure, online portal where you have 24/7 access to information about your networked devices. ~ Total Satisfaction Guarantee -Each Toshiba MFD product comes with our exclusive Total Quality Commitment (TQC) guarantee that your product will perform to specifications during the term of the lease or the product will be replaced. No other manufacturer matches this guarantee. ~ Account Management -As your account executive, Annie Cruz will be your single-point-of- contact for your ongoing equipment and service needs. He will provide a consistent level of support throughout your relationship with Toshiba and will be available to you at all times. ~ Account Reviews -Toshiba will hold performance review meetings with the City where Account Team members will consult with you and address any issues you may have. During the meeting, we will discuss our service performance and present metrics. Service Dispatch Center As a premier client, The City of S. Miami will receive an unmatched level of dedicated, consistent and centralized dispatching, service, and technical support from Toshiba Business Solutions. The service call process begins when a City user identifies an issue with the machine and places a service call to our Dispatch Center either via our secure web portal (Global Services Portal, or GSP), by calling our toll-free telephone number, 800-526-7926, or by email. Upon receipt of the request, the dispatcher will: ~ Log in the date, time, and location of the call and assign a confirmation number for tracking purposes. ~ Obtain the model and serial number of the equipment, customer location, the customer's contact person and phone number a description of the problem and, if applicable, any error codes displayed on the machine. ~ Dispatch the call to the technician. 'y Track the call to ensure that work is completed and the problem resolved within the required timeframe. 'r Follow up to ensure the customer is satisfied. The first available local service technician will contact the requestor immediately upon receipt of the dispatch call. He or she will attempt to resolve the customer issue over the telephone. If remote resolution is not achieved, the technician will attend to the repairs on site. Toshiba Business Solutions USA, Inc., Proposal Response to City 0/5. Miami, ITQ #FNR2014-02 Page 23 TOSHIBA BUSINE!),fl.~S_OL_U_TIO_N_S-------------- 15050 NW 79th Court, Suite 203 Miami FL, 33016 Annie Cruz 305-710-7989 Annie.Cruz@tbs.toshiba.com Upon arrival, the technician reviews the equipment issue and provides an estimate of the time required to repair your equipment. In most cases, the issue is resolved on the same day. In rare instances where parts or components need to be ordered, the technician will schedule a follow-up visit once the part has arrived, usually the next business day. Generally, the technician will have the part in stock locally_ Regardless of the case, the service technician makes repairs as expeditiously as possible in order to minimize any disruption to business activities. Should the technician require technical support during the call, he or she has access to Toshiba's In Touch Center (ITe) hotline during the hours of 8 a.m. to 5 p.m. (Pacific Time) for immediate, live technical assistance from hardware and software specialists. Upon completion of the service call, the technician advises the end user and clears the service ticket, which allows us to capture and maintain specific metrics regarding equipment and service performance. Additionally, users can view service call status by device and location, such as start and completion dates, call type, symptoms and solutions, caller name and telephone number using the GSP web portal. Customer support will be available from 8:00 a.m. to 5:00 p.m. local time, Monday through Friday, excluding holidays. Parts/Supplies Each Toshiba service provider is required to maintain a minimum three months' supply of inventory at their facility and, depending on the customer's requirements, a limited stock at the customer's location. Orders are usually shipped within 24 hours of the order being processed. While unlikely, if we do not have the replacement part in stock, we will notify the City immediately. In the event that emergency parts or supplies are necessary, service providers can reach out to our centralized warehouses in MemphiS, Tennessee, and Pico Rivera, California, which maintain and manage an inventory of MFDs and replacement parts. Our larger distribution center in Memphis, Tennessee is a 208,000 square foot facility that warehouses parts and supplies that include toner, developer, service parts, machines, and accessories. Our other distribution center is located in Pico Rivera, California and is a 65,000 square foot facility that carries supplies only. Toshiba Business Solutions USA, Inc., Proposal Response to City of S. Miami, ITQ #FNR2014-02 Page 24 TOSHIBA 15050 NW 79th Court, Suite 203 Miami FL, 33016 Annie Cruz BUSINESS SOLUTIONS----------------------------305-710-7989 Annie.Cruz@tbs.toshiba.com ,"~,,'''~~-- Total Satisfaction Guarantee (Warranty) In the rare event that a technical issue cannot be resolved through the above channels, it will be transferred to Toshiba's Total Quality Commitment Program for resolution, which is our guarantee that your hardware will perform to specifications during the term of the lease, or the hardware will be replaced. Every new Toshiba MFP and accessory is backed by this performance guarantee, which includes the following: >-Free Replacement (new Toshiba hardware) -If your new Toshiba MFP or its accessories does not operate within Toshiba's product specifications during the term of this program, and if the hardware cannot be repaired to perform within product specifications, Toshiba will replace the copier, facsimile or accessory at no charge with a model of equal or better features and specifications. If replacement is made within one year of the hardware installation date, the replacement will be a new machine and/or accessory. Toshiba will incur shipping and delivery costs. >-Free Loaner -If your MFP is out-of-service more than two (2) consecutive business days after notifying your authorized Service Provider or requires off-site service, a loaner MFP will be provided by the authorized Service Provider at no additional charge. MFP Product Delivery: Uptime: Response Time: Onsite Service Response Time: Hours of Operation: Toshiba's delivery time for new Toshiba devices orders from time of receipt to time of install is approximately 15 to 30 days upon receipt of the order. Supply order fulfillment for legacy and new equipment usually occurs within three business days. Toshiba will set a goal for the highest effectiveness level on MFP equipment, and can immediately state an average of 95%. Uptime is calculated based on an average over three-month periods. Toshiba, through its Help Desk, proactively monitors our uptime performance and takes corrective action with any unit that falls below the threshold. If Toshiba discovers a pattern across a segment, root cause analysis will be employed to discern the cause. Toshiba provides a call answer response time of less than one hour after receipt of a service call during normal business hours, Monday through Friday 8:00 AM to 8:00 PM Eastern Time. Toshiba provides an average of four hours for on-site service response after receipt of a service call. Typically, Toshiba will respond within four hours; however, rural locations (anything outside of a 50-mile radius of the local service provider's territory) may require additional time. If permitted to maintain inventory onsite for remote locations, we can accelerate our response time. Printer response time is next business day. Service maintenance is generally available from 8:00 a.m. to 5:00 p.m. local time, except weekends and holidays. After-hour service is available. Toshiba can provide a two-hour response time, after-hours or holiday emergency support, if desired; additional fees may apply. Toshiba Business Solutions USA, Inc., Proposal Response to City 0/5. Miami, ITQ #FNR2014-02 Page 2S TOSHIBA 15050 NW 79th Court, Suite 203 Miami FL, 33016 Annie Cruz BUSINESS S~O!!::LU':!1T~IO~N:!S-----,------------------------305-710-7989 Annie.Cruz@tbs.toshiba.com Training Toshiba recognizes the importance of a comprehensive training program for key operators and other personnel on the features and functions of the newly installed Toshiba product. Immediately following product installation, The City of S. Miami will receive complete Basic and Key Operator Training. Operating Instructions and a Quick Start Guide accompany each product, describing and illustrating the basic device functions. Basic Operator Training This training will cover all aspects of device performance, from basic features and functions to full finishing. Typical topics covered during basic training sessions (depending on functionality of the product) include: ../ Feeder functionality and paper ../ Zoom features and functions supplies ../ Finishing options and exposure ../ How to make a copy from glass settings or from the document feeder ../ How to order supplies / place service ../ How to make a duplex copy call ../ How to reprogram drawers ../ How to scan documents ../ Connectivity training Key Operator Training This training provides individuals designated as Key Operators an in-depth overview of the product. The hands-on training will cover non-technical maintenance, such as replacing toner and cleaning the glass. Initial sessions will occur immediately after delivery and installation of new Toshiba products and include: ../ How to add paper and staples ../ How to clear a misfeed Online Training ../ How to place a service call ../ How to order supplies Toshiba also offers online interactive training for current Toshiba models as a refresher for current users and tutorial for new users. This training will help you to perform various user functions, such as: ../ Copy Functions ../ Toner and Paper Replacement ../ Print Functions ../ Understanding Software ../ Scan Functions ../ Troubleshooting ../ Faxing ../ Special Functions ../ e-Filing Our Professional Solutions Group will also train The City of S. Miami users on any software tools procured under this agreement. These individuals will train both IT personnel and end users during initial installation and provide on-going support throughout the program. Please see our online Training Manual for additional information: http://business.toshiba.com/usa/support/index.jsp#tutoriaIList Toshiba Business Solutions USA, Inc., Proposal Response to City 0/5. Miami, ITQ #FNR2014-02 Page 26 TOSHIBA BUSINE(l.(lm~2.I:!!~ Toshiba e-Studio 257 Base Configuration Includes: • E257 Digital MFP • 25 copies/prints/scans per minute • 100 Sheet Doc Feeder • (2) 550 Sheet Drawers • 100 Sheet Bypass Tray • Fax • Installation • Training Toshiba e-Studio 357 Base Configuration Includes: • E357 Digital MFP • 35 copies/prints/scans per minute • 100 Sheet Doc Feeder • (2) 550 Sheet Drawers • 100 Sheet Bypass Tray • Staple Finisher • Cabinet/Stand • Fax ( on 2 devices) • Installation • Training Toshiba Business Solutions USA, Inc., Proposal Response to City 0/5. Miami, ITQ #FNR2014-02 15050 NW 79th Court, Suite 203 Miami Fl, 33016 Annie Cruz 305-710-7989 Annie.Cruz@tbs.toshiba.com Page 27 TOSHIBA BUSINESS SOLUTIONS -------------------------- Toshiba e-Studio 557 Base Configuration Includes: • E557 Digital MFP • 55 copies/prints/scans per minute • 100 Sheet Doc Feeder • (2) 500 Sheet Drawers • (1) 2,500 Sheet Drawer • Fax • 100 Sheet Bypass Tray • Staple Finisher • Hole Punch Finisher (on 1 device) • Installation • Training Toshiba e-Studio 657 Base Configuration Includes: • E657 Digital MFP • 65 copies/prints/scans per minute • 100 Sheet Doc Feeder • (2) 500 Sheet Drawers • (1) 2,500 Sheet Drawer • Fax • 100 Sheet Bypass Tray • Staple Finisher • Hole Punch Finisher • Installation • Training Toshiba Business Solutions USA, Inc., Proposal Response to City 0/5. Miami, ITQ #FNR2014-02 15050 NW 79th Court, Suite 203 Miami FL, 33016 Annie Cruz 305-710-7989 Annie.Cruz@tbs.toshiba.com Page 28 TOSHIBA BUSINESS SOLUTIONS----------------------------- Toshiba e-Studio 3555c Base Configuration Includes: • E3ssSc Digital Color MFP • 35 copies/prints/scans per minute (Color and B/W) • 100 Sheet Doc Feeder • (2) 550 Sheet Drawers • Paper Feed Pedestal with 2 additional SSO sheet paper drawers • 100 Sheet Bypass Tray • Staple Finisher • Fax • Installation • Training Toshiba Business Solutions USA, Inc., Proposal Response to City 0[5. Miami, ITQ #FNR2014-02 15050 NW 79'h Court, Suite 203 Miami FL, 33016 Annie Cruz 305-710-7989 Annie.Cruz@tbs.toshiba.com Page 29 TOSHIBA BUSINE~~~_OL_U_T_IO_N_Si-------------------------- Brochures Toshiba Business Solutions USA, Inc., Proposal Response to City 0/5. Miami, ITQ #FNR2014-02 15050 NW 79'h Court, Suite 203 Miami FL, 33016 Annie Cruz 305-710-7989 Annie.Cruz@tbs.toshiba.com Page 30 TOSHIBA Leading Innovation »> ~·sruDlo"'207L/257 1307 Exceed expectations in powerful ways. The e-STUDI0307 series from Toshiba has been designed to bring small and medium workgroups the same power and performance typically reserved for larger businesses. It's easy to use, allowing you to create professional looking documents without extensive training or experience. Expand your possibilities. Toshiba has taken the performance and functionality of larger monochrome MFPs and designed a smaller, more compact version. Introducing the e-STUDI0307 series. In addition to copying, faxing, printing and color scanning, it handles even the most challenging jobs quickly and easily. You'll be impressed with handy features like a walk-up USB printing port and a crisp 9" color touch screen that gives you instant access to all sorts of other possibilities. Less work and more flow. Start with a 20-second warm-up and a first copy out time of 4.7 seconds. Output is produced at the speed that fits your needs -from 20 to 30 pages per minute. Image quality is outstanding at 2,400 x 600 dpi. Need a lot of copies? You can opt for up to a 3,200-sheet capacity. And, its modular design allows you to get the most paper in the sizes you need, with a tandem LCF or 4-drawer configuration. ~·sruDlo·"207L/257/307 Get more done in less time with advantages like USB printing and paper that can be added midstream. It's the business of helping businesses. At Toshiba, we realize the challenges that businesses face every day. The new e-STUDI0307 series is the perfect solution for small to medium size businesses looking for a high quality, fully functional MFP to help them meet those challenges. Relax and let technology handle it. Because the e-STUD10307 series has incorporated the latest e-BRIDGE technology, business applications and vendor solutions are easily integrated. With 320GB of safe and secure storage, frequently used documents can be stored right on the MFP by using the convenient e-Filing feature and then printed as needed. Settings such as finishing selections can be saved with a job or changed on the fly to ensure accurate reproduction every time. User friendly and eager to please. The e-STUD10307 series can handle jobs with ease, even large volumes of various types of documents. Take advantage of up to a 120,000 monthly copy volume and a 36,600 toner yield at 6%. Also, there are several finisher options including a space saving 50-Sheet Inner Finisher or a Saddle-Stitch Finisher, plus 2/3-Hole Punch. You'll be impressed from start to finish. Data security and peace of mind. Protecting your data means you're protecting your entire business. Fortunately, the e-STUDI0307 series has been designed to preserve the integrity and confidentiality of all your data. A new 320GB FIPS 140-2 Validated Self-Encrypting Drive (SED) with Data Overwrite are standard. An IPsec option to encrypt data being sent to or from the MFP, and Hard Copy Security are also available to keep your data right where it belongs. There's a configuration that is just right for every business need. And all of them are secure and EPEAT Registered. II Efficient printing Choose your speed at 20, 25, or 30 pages per minute. Also, first copy out times are as fast as 4.7 seconds. Broad paper handling Use up to a 3,200-sheet paper capacity and up to 110 Ib index. You can select from a variety of paper sizes with 4 drawers or a tandem LCF. Ease of use A large 9" tilting touch panel is easy to read and use. A context sensitive help button that will provide you with whatever instructions you might need. Scanning or printing can be done on the go using a convenient USB port. Reliability The monthly copy volume goes up to 120,000 with a toner yield of 36,600 at 6% coverage and toner that can be changed on the fly. A compact service module design allows for surprisingly faster and easier periodic maintenance. Connectivity and functionality PCL6, PostScript3, and XPS as well as a Universal Printer Driver means you only need one driver across your entire fleet. Innovative technology Gigabit Ethernet support, e-filing for frequently reprinted jobs and an automatic OCR option for expert scanning are just a few of our leading innovations. Latest e-BRIDGE platform Toshiba's proprietary platform improves connectivity, security and fleet management. Take advantage of access to third-party solutions like PaperCut, Docuware and more. Advanced finishing options There is a convenient space saving 50-Sheet Inner Finisher, Saddle-Stitch Finisher and a 2/3-Hole Punch. Expert security A 320GB FIPS 140-2 Validated Self- Encrypting Drive (SED) with Automatic Data Invalidation and Data Overwrite come standard. Also, an IPsec option encrypts data, and Hard Copy Security prevents the copying of sensitive documents. Environmentally responsible The e-STUDI0307 series is RoHS Compliant, Energy Star Tier 2 rated and EPEAT Registered (as part of the definitive global registry for greener electronics). ~·STUDlo"·207L/257/307 Specifications > Black & White MFP > Up to 30 PPM > Small/Medium Workgroup > Copy, Print, Scan, Fax >SecureMFP > EPEAT Registered Copying Process/Type IEPM (Dry Process)/Laser Technology Original Reading Method CCD Line Sensor Copy/Print Resolution 2400 x 600 dpi (with Smoothing) Copy/Print Speed 20/25/30 PPM Warm-Up Time Approx. 20 Seconds First Copy Time 4.7 Seconds Duty Cycle 80K/100K/120K Multiple Copying Up to 999 Copies Standard Paper Supply 2 x 550-Sheet, 1 DO-Sheet Stack Feed Bypass Maximum Paper Supply Up to 3,200 Sheets Acceptable Paper Size Cassette: Statement-R to Ledger (17-28Ib), Bypass: Memory Reduction/Enlargement Bypass Tray Control Panel Dimensions Weight Power Supply Power Consumption PM Cycle Black Toner Yield Statement-R to Ledger (17-110 Ib), LCF: Letter (17-28Ib) 2GB RAM, 320 GB FIPS 140-2 SED 25% to 400% 100-Sheet Stack Feed Bypass 9" Wide VGA Color Touch-Screen Approx. 23" x 23" x 30" (W x 0 x H) Approx. 132 Ib 115 Volts, 15 Amps Maximum 1.5kW 80K/100K/120K 36.6K Impressions @ 6% e-BRIDGE Print Specifications POL Support Operating Systems Protocol Support Drivers Connectivity Wireless Device Device Management Certification Scan Specifications PCL6, PostScript 3, XPS Windows Server 2003,2008,2012, Vista SP2, 7, 8, NetWare 6.5, Citrix, Macintosh 10.4-10.9, Solaris v10, 11, HP-UXV11.iv3, AIX 7.x, Linux, SCO Windows Printing (SMB1.0/2.0), LPR/LPD, IPP (Ver.1.1) w/Authentication, NetWare P-SERVER wiNDS, Binary, Novell NDPS Gateway, or LPD w/ iPrint, Apple Talk PAP or EtherTalk, Port 9100 (bi-directional), WS Print, FTP Windows Server 2003,2008,2012, Vista SP2, 7, 8, Macintosh OS 10.4-10.9 10/100/1000BaseTX Ethernet, 802.11b/g/n, Wireless LAN, USB AirPrint, e-BRIDGE Print & Capture Application on iOS and Android (Available via Apple App Store or Google Play) Top Access, eFMS 6.0 (e-BRIDGE Fleet Management Software) Windows 7, 8, 8.1,2008R2, 2012, 2012 R2, WHOL, Novell, Citrix Scan Speed 57 SPM LT-Size @ 300 dpi, 45 SPM LT-Size @ 600 dpi (When Copying), 43 SPM LT-Size @ 300 dpi (Color Scanning) Scan Resolution Up to 600 dpi File Format TIFF, PDF, Slim PDF, JPEG, XPS, MS Word, MS Excel, Searchable PDF w/Adv. Scanning Option Facsimile Specifications Compatibility Super G3, G3 Data Compression MH/MR/MMR/JBIG Transmission Speed Approx. 3 Seconds Per Page Fax Modem Speed 33.6 Kbps Fax Memory Transmission and Reception 1GB (HOD), Memory Transmission Scan Speed Other Fax Functions Backup Permanent (HOD) 100 Jobs, 2,000 Destinations Max, 400 Destinations/Job 0.7 Seconds Per Page, 50 Scans Per Minute Internet Fax, Network Fax e-Filing Specifications Operation Method Number of Boxes Capacity of Boxes Color Touch Screen Control Panel or Client PC 1 Public Box, 200 Private User Boxes 100 Folder Per Box, 400 Documents Per Folder, 1000 Pages Per Documents TOSHIBA Leading Innovation >)> Security (Standard) 256 BitAES Data Encryption HOD Overwrite Authentication Meets Department of Defense (000) Standard 5220.22M LDAP, SMTP, Windows Server Domain Accessories (Options) Input Options 100-Sheet RADF Platen Cover Additional Paper Options 550-Sheet Paper Feed Pedestal 2,000-Sheet Large Capacity Feeder 550-Sheet Paper Feed Unit Finishing Options Job Separator Work Tray Bridge Kit for Finisher 50-Sheet Inner Finisher Saddle-Stitch Finisher (Low Capacity) 2/3-Hole Punch Unit for MJ1032N 2/3-Hole Punch Unit for MJ1 033 Connectivity/Security Options Fax Kit 2nd Line Fax IPsec Enabler Wireless LAN Adapter Antenna Meta Scan Enabler Advanced Scanning Harness Kit for Coin Controller Corporate Office ~'~ CERTIFIED " 9740 Irvine Blvd., Irvine, CA 92618-1631 Tel: 949-462-6000 MR3028 KA1640PC KD1025 KD1026 MY1033 MJ5004 KK4550 KN2520N MJ1032N MJ1033 MJ6007 MJ6008 GD1350 GD1260F GP1080 GN1060 GN3010 GS1010 GB1280T G01180 East Coast 959 Route 46 East, 5th Floor, Parsippany, NJ 07054 Tel: 973-316-2700 Midwest South West Coast WebSite 8770 W. Bryn Mawr Ave., Suite 700, Chicago, IL 60631 Tel: 773-380-6000 2037 Bakers Mill Rd., Dacula, GA 30019 Tel: 678-546-9385 9740 Irvine Blvd., Irvine, CA 92618 Tel: 949-462-6000 www.business.toshiba.com Designs and specifications subject to change without notice. For best results and reliable performance, always use supplies manufactured or designated by Toshiba. Not all options and accessories may be available at the time of product launch. Please contact a local Authorized Toshiba Dealership for availability. Toner yields are estimates based on 6% coverage, letter-size page. Driver and connectivity feature support varies by client/network operating system. © 2014 Toshiba America Business Solutions, Inc. Electronic Imaging Division Inv. Code: 22259 207U257/307 Brochure 5K PG 6/14 TOSHIBA Leading Innovation »> ~·STUDlo·"357/457/507 Exceed expectations in powerful ways. The e-STUDI0507 series from Toshiba has been designed to bring small and medium workgroups the same power and performance typically reserved for larger businesses. It's easy to use, allowing you to create professional looking documents without extensive training or experience. Expand your possibilities. Toshiba has taken the performance and functionality of larger monochrome MFPs and designed a smaller, more compact version. Introducing the e-STUDI0507 series. In addition to copying, faxing, printing and color scanning, it handles even the most challenging jobs quickly and easily. You'll be impressed with handy features like a walk-up USI3 printing port and a crisp 9" color touch screen that gives you instanl access to all sorts of other possibilities. less work and more flow, Start with a 20-second wani1-up and a first copy out time of 3.7 seconds. Output is produced at the speed that fits your needs -from 3b to 50 pages per minute. Image quality is outstanding at 2,400 x 600 dpi. I\leed a lot of copies? You can opt for up to a 3,200-sheet capacity. And, its modular design allows you to get n'le rlmst paper in the sizes you need, with 8. tandem LCF or 4-drawer cOllrigumtiorl. ~·sruDIO'"357/457/507 Get more done in less time with advantages like USB printing and paper that can be added midstream. It's the business of helping businesses. At Toshiba, we realize the challenges that businesses face every day. The new e-STUDI0507 series is the perfect solution for small to medium size businesses looking for a high quality, fully functional MFP to help them meet those challenges. Relax and let technology handle it. Because the e-STUD10507 series has incorporated the latest e-BRIDGE technology, business applications and vendor solutions are easily integrated. With 320GB of safe and secure storage, frequently used documents can be stored right on the MFP by using the convenient e-Filing feature and then printed as needed. Settings such as finishing selections can be saved with a job or changed on the fly to ensum accurate mproduction every time. User friendly and eager to please. The e-STUD10507 series can handle jobs with ease, even large volumes of various types of documents. Take advantage of up to a 150,000 monthly copy volume and a 36,600 toner yield at 6%. Also, there are several finisher options including a space savin~J 50-Sheet Inner Finisher or-a i-ligh-Capacity Finisher with Saddle-Stitch, plus 2/3-Hole Punch. You'll be impressed frorn start to finish. Data security and peace of mind. Protecting your data means you're protecting your entire business, Fortunately, the e-STUDI0507 series has been designed to preserve the integrity and confidentiality of all your data, A new 320GB FIPS 140-2 Validated Self-Encrypting Drive (SED) with Data Overwrite are standard, An IPsec option to encrypt data being sent to or from the MFP, and Hard Copy Security are also available to keep your data right where it belongs, There's a COl lfiguration that is just rl~Jht 101 every business need, And all of them are secure and EPEAT Registered, • Efficient printing lIt Innovative technology Choose your speed at 35, 45, or 50 Gigabit Ethernet support, e-filing for pages per minute, Also, first copy out frequently reprinted jobs and an automatic times are as fast as 3,7 seconds, OCR option for expert scanning are just a few of our leading innovations, Broad paper handling latest e-BRIDGE platform Q Use up to a 3,200-sheet paper capacity and up to 110 Ib index, You Toshiba's proprietary platform improves can select from a variety of paper sizes connectivity, security and fleet management. with 4 drawers or a tandem LCF, Take advantage of access to third-party solutions like PaperCut, Docuware and more, Ease of use A large 9" tilting touch panel is easy to read Advanced finishing options and use, A context sensitive help button that There is a convenient Inner Finisher, will provide you with whatever instructions 50-Sheet High-Capacity Finisher, and a you might need, Scanning or printing can be High-Capacity with Saddle-Stitch plus done on the go using a convenient USB port. 2/3-Hole Punch, Reliability Expert security The monthly copy volume goes up to Q A 320GB FIPS 140-2 Validated Self- 150,000 with a toner yield of 36,600 Encrypting Drive (SED) with Automatic Data at 6% coverage and toner that can be Invalidation and Data Overwrite come cllanged on tile fly, A compact service standard, Also, an IPsec option encrypts module design allows for surprisingly data, and Hard Copy Security prevents the faster and easier periodic maintenance, copying of sensitive documents, II Connectivity and Environmentally functionality responsible PCL6, PostScript3, and XPS as well as a The 8-STUDI0507 series is RoHS Universal Printer Driver means you only Compliant, Energy Star Tier 2 rated and Il(-leci one drivel' across your entire fieHl. EPEAT Registered (as part of the definitive global registry for greener electronics), ~·sruDlo'"357/457/507 Black & White MFP Up to 50 PPM Small/Medium Workgroup " Copy, Print, Scan, Fax Secure MFP EPEAT Registered Copying Process/Type IEPM (Dry Process)/Laser Technology Original Reading Method CCD Line Sensor Copy/Print Resolution 2400 x 600 dpi (with Smoothing) Copy/Print Speed 35/45/50 PPM Warm-Up Time Approx. 20 Seconds First Copy Time 3.7 Seconds Duty Cycle 125K/150K/150K Multiple Copying Up to 999 Copies Standard Paper Supply 2 x 550-Sheet, 100-Sheet Stack Feed Bypass Maximum Paper Supply Up to 3,200 Sheets Acceptable Paper Size Cassette: Statement-R to Ledger (17-28Ib), Bypass: Memory Reduction/Enlargement Bypass Tray Control Panel Dimensions Weight Power Supply Power Consumption PM Cycle Black Toner Yield Statement-R to Ledger (17-110 Ib), LCF: Letter (17-28Ib) 2GB RAM, 320 GB FIPS 140-2 SED 25% to 400% 100-Sheet Stack Feed Bypass 9" Wide VGA Color Touch-Screen Approx. 23" x 23" x 30" (W x 0 x H) Approx. 132 Ib 115 Volts, 15 Amps Maximum 1.5kW 125K1150K/150K 36.6K Impressions @ 6% ~_:BRIDGE Print Specifications POL Support Operating Systems Protocol Support Drivers Connectivity Wireless Device Device Management Certification PCL6, PostScript 3, XPS Windows Server 2003, 2008, 2012, Vista SP2, 7, 8, NetWare 6.5, Citrix, Macintosh 10.4-10.9, Solaris vlO, 11, HP-UXV11.iv3, AIX 7.x, Linux, SCO Windows Printing (SMB1.0/2.0), LPR/LPD, IPP (Ver.1.1) w/Authentication, NetWare P-SERVER wiNDS, Binary, Novell NDPS Gateway, or LPD w/ iPrint, Apple Talk PAP or EtherTalk, Port 9100 (bi-directional), WS Print, FTP Windows Server 2003, 2008, 2012, Vista SP2, 7, 8, Macintosh OS 10.4-10.9 10/100/1000BaseTX Ethernet, 802.11b/g/n, Wireless LAN, USB AirPrint, e-BRIDGE Print & Capture Application on iOS and Android (Available via Apple App Store or Google Play) Top Access, eFMS 6.0 (e-BRIDGE Fleet Management Software) Windows 7,8, 8.1,2008R2, 2012, 2012 R2, WHOL, Novell, Citrix I:;can Specifications .. _ . ____________ _ Scan Speed Scan Resolution File Format 57 SPM LT-Size @ 300 dpi, 45 SPM LT-Size @ 600 dpi (When Copying), 43 SPM LT-Size @ 300 dpi (Color Scanning) Upto 600 dpi TIFF, PDF, Slim PDF, JPEG, XPS, MS Word, MS Excel, Searchable PDF w/Adv. Scanning Option Facsimile Specifications_____ ___ . Compatibility Data Compression Transmission Speed Fax Modem Speed Fax Memory Memory Transmission Scan Speed Other Fax Functions SuperG3, G3 MH/MR/MMR/JBIG Approx. 3 Seconds Per Page 33.6 Kbps Transmission and Reception 1GB (HOD), Backup Permanent (HOD) 100 Jobs, 2,000 Destinations Max, 400 Destinations/Job 0.7 Seconds Per Page, 50 Scans Per Minute Internet Fax, Network Fax e-Filing Specifications Operation Method Number of Boxes Capacity of Boxes Color Touch Screen Control Panel or Client PC 1 Public Box, 200 Private User Boxes 100 Folder Per Box, 400 Documents Per Folder, 1000 Pages Per Documents TOSHIBA Leading Innovation »> 256 BitAES Data Encryption HOD Overwrite Authentication Meets Department of Defense (000) Standard 5220.22M LDAP, SMTP, Windows Server Domain Accessori~s«()ption~_______ . Input Options 100-Sheet RADF Platen Cover Additional Paper Options 550-Sheet Paper Feed Pedestal 2,000-Sheet Large Capacity Feeder 550-Sheet Paper Feed Unit Finishing Options Job Separator Work Tray Bridge Kit for Finisher 50-Sheet Inner Finisher Saddle-Stitch Finisher (High Capacity) Saddle-Stitch Finisher (Low Capacity) 50-Sheet Staple Console Finisher 2/3-Hole Punch Unit for MJ1032N 2/3-Hole Punch Unit for MJ1107 and MJ1108 2/3-Hole Punch Unit for MJ1033 Connectivity/Security Options Fax Kit 2nd Line Fax I Psec Enabler Wireless LAN Adapter Antenna Meta Scan Enabler Advanced Scanning Harness Kit for Coin Controller Corporate Office 9740 Irvine Blvd., Irvine, CA 92618-1631 Tel: 949-462-6000 MR3028 KA1640PC KD1025 KD1026 MY1033 MJ5006 KK4550 KN2520N MJ1032N MJ1108 MJ1033 MJ1107 MJ6007 MJ6104 MJ6008 GD1350 GD1260F GP1080 GN1050 GN3010 GS1010 GB1280T G01180 East Coast 959 Route 46 East, 5th Floor, Parsippany, NJ 07054 Tel: 973-316-2700 Midwest South West Coast WebSite 8770 W. Bryn Mawr Ave., Suite 700, Chicago, IL 60631 Tel: 773-380-6000 2037 Bakers Mill Rd., Dacula, GA 30019 Tel: 678-546-9385 9740 Irvine Blvd., Irvine, CA 92618 Tel: 949-462-6000 www.business.toshiba.com Designs and specifications subject to change without notice. For best results and reliable performance, always use supplies manufactured or deSignated by Toshiba. Not all options and accessories may be available at the time of product launch. Please contact a local Authorized Toshiba Dealership for availability. Toner yields are estimates based on 6% coverage, letter-size page. Driver and connectivity feature support varies by client/network operating system. © 2014 Toshiba America Business Solutions, Inc. Electronic Imaging Division Inv. Code: 22257 357/457/507 Brochure 5K PG 6/14 TOSHIBA Leading Innovation >>> ~·sruDlo·"557/657/757/857 .. e-STUDI0657!757/857 only ~·sruDIO"557/657/757/857 Specifications :> Black & White MFP :> Up to 85 PPM '} Med/large Workgroup :> Copy, Print, Scan, Fax :> Secure MFP :> EPEAT Registered* Copying Process/Type IEPM (Dry Process)/Laser Technology Original Reading Method CCD Line Sensor Copy/Print Resolution Gradation Copy/Print Speed Warm-Up Time First Copy Time Duty Cycle Multiple Copying Standard Paper Supply Maximum Paper Supply Acceptable Paper Size Memory Reduction/Enlargement Bypass Tray Control Panel Dimensions Weight Power Supply Power Consumption Black Toner Yield POL Support Operating Systems Protocol Support Drivers Connectivity Wireless Device Device Management Certification 2400 x 600 dpi 256 Steps 55/65/75/85 PPM Approx. 130 Seconds 556/656: Less Than 4.0 Seconds (Letter-Size) 756/856: Less Than 3.5 Seconds (Letter-Size) 460K/515K1540K/600K Up to 9,999 Copies 2 x 500-Sheet Drawer, 1 x 2,500-Sheet Tandem Drawer, 100-Sheet Stack Feed Bypass Up to 7,600 Sheets (w/Optional 4,000-Sheet LCF) Cassette: Statement-R to Ledger (17-110 Ib) Bypass: Statement-R to 11" x 17" (17-110 Ib) LCF: Letter Only (17-110 Ib), Tab Paper 2GB RAM, 320 GB FIPS 140-2 SED 25% to 400% 100-Sheet Stack Feed Bypass 9" Wide VGA Color Touch Screen Approx. 28" x 31" x 46" (W x 0 x H) Approx. 462 Ib 120 Volts, 20 Amps Maximum 2.0kW 73.9K Impressions PCL6, PostScript 3, XPS Windows Server 2003,2008,2012, Vista SP2, 7, 8, NetWare 6.5, Citrix, Macintosh 10.4-10.9, Solaris v10, 11, HP-UX V11.iv3, AIX 7.x, Linux, SCO Windows Printing (SMB1.0/2.0), LPR/LPD, IPP (Ver.1.1) w/Authentication, NetWare P-SERVER wiNDS, Binary, Novell NDPS Gateway, or LPD w/ iPrint, Apple Talk PAP or EtherTalk, Port 9100 (bi-directional), WS Print, FTP Windows Server 2003,2008,2012, Vista SP2, 7, 8, MaCintosh OS 10.4-10.9 10/100/1000BaseTX Ethernet, 802.11b/g/n, Wireless LAN, USB AirPrint, e-BRIDGE Print & Capture Application on iOS and Android (Available via Apple App Store or Google Play) Top Access, eFMS 6.0 (e-BRIDGE Fleet Management Software) Windows 7,8, 8.1,2008R2, 2012, 2012 R2, WHOL, Novell, Citrix Scal1 Sp~cific_Clt~ol1s __ _________ . __________________________ ._ Scan Speed 77 SPM Color/80 SPM B&W, LT-Size @300 dpi, 66 SPM LT-Size @ 600 dpi (When Copying) Scan Resolution Up to 600 dpi File Format TIFF, PDF, JPEG, XPS, MS Word, MS Excel, Searchable PDF w/Adv. Scanning Option t=_Clc::li~l1li_~_~p~c::l!i_~<lti.()~ ____ ... _. ________ _ Compatibility Super G3, G3 Data Compression MH/MR/MMR/JBIG Transmission Speed Approx. 3 Seconds Per Page Fax Modem Speed 33.6 Kbps Fax Memory Transmission 500MB (HOD) Memory Transmission Scan Speed Other Fax Functions • e-STUDI0657/757/857 only Reception 500MB (HOD) Backup Permanent (HOD) 100 Jobs, 1,000 Destinations Max, 400 Destinations/Job 0.7 Seconds Per Page, 50 Scans Per Minute Internet Fax, Network Fax TOSHIBA Leading Innovation »> Operation Method Number of Boxes Capacity of Boxes Color Touch Screen Control Panel or Client PC 1 Public Box, 200 Private User Boxes 100 Folder Per Box 400 Documents Per Folder 1000 Pages Per Documents 256 BitAES Data Encryption HOD Overwrite Authentication Meets Department of Defense (DOD) Standard 5220.22M LDAP, SMTP, Windows Server Domain ~ccessories (qE!!()ns) ______ . _____ _ Additional Paper Options 4,000-Sheet LT-Size Large Capacity Feeder Finishing Options 50-Sheet Stapler Console Finisher 50-Sheet Saddle-Stitch Finisher 100-Sheet Saddle-Stitch Finisher Rails for Finisher 2/3-Hole Punch Unit Post Inserter Unit Connectivity/Security Options Fax Kit 2nd Line Fax Wireless LAN Adapter Antenna Advanced Scanning IPsec Kit Meta Scan Enabler Harness Kit for Coin Controller Corporate Office East Coast ~,m \loll£!; YES CERTifiED " 9740 Irvine Blvd., Irvine, CA 92618-1631 Tel: 949-462-6000 959 Route 46 East, 5th Floor, Parsippany, NJ 07054 Tel: 973-316-2700 MP4004 MJ1027 MJ1028 MJ1029 KN1017 MJ6003 MJ7001 GD1350 GD1260F GN1060 GN3010 GB1280T GP1080 GS1010 G01240 Midwest 8770 W. Bryn Mawr Ave., Suite 700, Chicago, IL 60631 Tel: 773-380-6000 South West Coast WebSite 2037 Bakers Mill Rd., Dacula, GA 30019 Tel: 678-546-9385 9740 Irvine Blvd., Irvine, CA 92618 Tel: 949-462-6000 www.business.toshiba.com Designs and specifications subject to change without notice. For best results and reliable performance, always use supplies manufactured or designated by Toshiba. Not all options and accessories may be available at the time of product launch. Please contact a loca! Authorized Toshiba Dealership for availability. Toner yields are estimates based on 6% coverage, letter-size page. Driver and connectivity feature support varies by client/network operating system. © 2014 Toshiba America Business Solutions, Inc. Electronic Imaging Division Inv. Code: 22256 557/657/757/857 Spec Sheet 6K PG 6/14 TOSHIBA Leading Innovation»> ~·STUDIO'M2SSSc/30SSc/3SSSc A new standard has officially been set. Multiple functions, innumerable benefits and millions of colors have never been more accessible. The e-STUDI02555c/3055c/3555c is easily integrated, customizable and solutions ready, with an open platform. You'll also appreciate cloud and mobile printing and scanning along with a host of other benefits. Easy integration Includes tlexible customizatloll, new EFMS device management and system software upgraded by patch, cloning and F/W updates, Open platform Take advantage of flexible integration into solution applications, output management interface, and an embedded Web browser that can be registered in a template, Cloud, internet, and mobile printing/scanning Enjoy mobile convenience with e-BRIDGE support for new cloud computing and mobile applications as well as Internet browsing and printing from the Internet. Universal print driver One driver works for all users, tandem print comes standard, and additional optional plug-ins can be put directly into the driver. • ••• Impressive image quality Low temperature color toner increases range of colors, Otller benefits include high gloss output, e-F3RlnCI= Color Proliler and spot-on color rnatching, AquaAce specialty paper support Achieve brilliant color that's water, weather and fade resistant. It's like laminated paper without the lamination, in legal and letter sizes, Banner printing can be done using paper up to 12" x 47", Compact and lightweight It has one of the srnallest footprints of any cornparable MFP, It's 37% lighter than before and substantially quieter, Low power consumption New energy saving technologies have been incorporated, resulting in reduced power consumption, Improved serviceability The replacement of process units is easier and can be performed without a screwdriver, Autornatic detection and initialization of a new unit has been added, High security A unique Self Encrypting Drive (SED) includes Toshiba's proprietary Wipe Technology along with a suite of security functions that create a level of data protection that's unequalled, , Th r color t Now you can copy, print, scan and fax with an MFP that's smaller, quieter, sleeker, and faster than ever. The new e-STUDI02555c/3055c/3555c from Toshiba is designed to replace black and white printing with affordable full color, while still offering high quality black and white. Color options to match your needs. For all tilose times you want to print in color but settle for black and white, there's the e-STUDI02555c/3Cl555c/3555c. It's desi~Jlled to make colm more efficient and accessible. Whethel' you want to spruce up a pl'8sentation with color produced up to a remarkable 25/30/35 pages per minute or print crisp, clear black and white, you'll be impressed with all that tile e-STUDI02555c/3Cl55c/3555c has to offer. Unique features like the e-BRIDGE Univelsal Print Driver, the only drivel' needed fOl' multiple users, allowing you to switch between PS and PCI_. It includes plug-ins so you can add features. More compact with more impact. Even thou~lh it's chock-full of extraordinary featul'8s, tile e-STU DI02555c/3055c/3555c has or]e of tile srnallest footprints of any MFP in its class. it can be used when'wer space is limited. It's li~Jhter. too, which makes it easier to ship and move around tile office, Even the nOise level has been I'8duced, with a quieter drive motor, fan motor and clutch. And none of tllese efficiencies affect the output. In fact, irnage quality is incredible, thanks to a new low tery]perature color toner that incl'eases the color gamut. ~·S1UDlo"·2555c/3055c/3555c .. '''. Your data has never been more secure. Toshiba knows that security is a high priority for businesses today. That's why we've put leading innovation to work and developed security measures that are unsurpassed. Wipe Technology -it's like the data was never there. It makes perfect sense, The best way to keep your data secure is to use a method no one else has replicated, That's just what we've done at Toshiba with our proprietary Wipe Technology, The e-STUDI02555c/3055c/3555c offers Toshiba's proprietary Self- Encrypting Drive equipped with our Wipe Technology as well as a suite of impressive security functions to keep data protected, If the HOD is taken from the MFP and installed into another device, all of the data is automatically erased, However, if it's taken out and then returned to the same MFP, the data is not erased and can be accessed immediately as needed. There is also an encryption key that's securely stored on the HOD. Security taken to the next level. Additional security features include a secure PDF encryption feature with up to 128-bit AES, IP/MAC address filtering, Role Based Access Control, an SNMPv3 protocol for enhanced security administration and an optional IPSec protocol, to name a few. In all, the features permit a security mode that complies with the extremely high security level-IEEE2600.1, n secu~ f:3eneflts inc!UCie J. ~3,?OU~StlBGt capacit~/ optional 2,OOO-sheet LCF), direct USB printing, tilt able display. Manage, capture and deliver documents with simple one-touch control using the large. 9" color control panel. It's designed to be easy to read and use. TOSHIBA Leading Innovation Y}> !!III Ir II II I At Toshiba, we work hard to make certain our products minimize environmental impact. Many of our leading innovations include new ways to save energy and save the environment. Saving energy and saving you money. An added benefit to our new energy- saving technologies is that they save you money, too. Take, for instance, our new low temperature fusing toner. Color reproduction is improved while energy consumption is reduced. Energy consumption is reduced even further, thanks to a dramatic reduction in the power usage during sleep mode. Other ways in which Toshiba puts environmental responsibility into action include a recycling program, reduction of C02 emissions, and the recycling of plastics. Reduction or elimination of hazardous materials such as lead and mercury enable the series to comply with environmental standards around the world. Everything together qualifies the series for the new EPEAT certification. ... ~ Print professional· looking. full·color newsletters and brochures using an optional saddle·stitch or staple finis!;w . e·STUD103555c with Saddle·Stitch I=inisher. e·STUD103555c with e·STUD103555c with Paper Feed Pedestal. Inner Finisher and LCF. - ~pecific...<!tions _ Copying Process Copying Type Copy/Print Resolution Copy/Print Speed Warm-Up Time First Copy Out Time Max Duty Cycle Multiple Copying Acceptable Paper Size and Weight Memory (Max) Reduction/Enlargement Bypass Control Panel Paper Supply Duplex Dimensions Weight CMYK Toner Yield Power Supply Power Consumption PDLSupport Operating Systems Protocol Support Drivers Connectivity Device Management Certification ColorMFP Up to 35 PPM Medium/Large Workgroup Copy, Print, Scan, Fax Secure MFP Indirect Electrostatic Photographic Transfer System with Internal Transfer Belt LED Head Printing 600 x 1200 dpi (PS Driver) 25/25, 30/30, 35/35 PPM Color/B&W Approx. 27 Seconds B.1/6.4 Seconds Color/B&W 1 00K/150K/1 75K Copies Up to 999 Copies Cassette: ST~R to LD (161b Bond 140 Ib Index) Bypass: 3.9" x 5.B" to LD (14 Ib Bond -100 Ib Cover) ST-R to 12" x 47" Banner (17Ib-100 Ib) PFP: ST-R to LD (161b Bond -140 Ib Index) LCF: LT (17 Ib -2B Ib Bond) Main Memory: 2 GB HD: 160 GB (Security SED Drive) 25% to 400% 100-Sheet "Smart" Bypass (141b Bond -100 Ib Cover) Color 9" LCD Touch Panel Up to 3,200~Sheet Input Capacity Standard 2 x 550-Sheet Cassettes 100-Sheet Bypass 1 x 550-Sheet PFP (3rd Cassette), 1 x 550-Sheet Cassette (4th Cassette) for PFP Optional 1 x 2,OOO-Sheet LCF Standard Automatic Duplex Unit (161b Bond -140 Ib Index) Approx. 23" x 25.3" x 31" (W x D x H) Approx. 166.4 Ibs. CMY: 2BK, BK: 32K 120 V, 15 Amps Maximum 1.5 kW PCL6 and PostScript 3, XPS Netware 6.5, Windows XP, Vista, 7, Windows Server 2003, 200B, 200BR2, Citrix MetaFrame, Macintosh, Linux, UNIX, AS400, SAP IPX/SPX, TCP/IP, AppleTalk, NetBIOS Over TCP/IP, LPR/LPD, IPP, 5MB, SNMP, Netware, Port 9100 Server 2003/200B/200BR2/2012, Windows XP, Vista, 7/B, Macintosh 10.2/10.3, 10.4, 10.5, 10.6, 10.7, AS400 LPR & Port 9100, SAP R/3, Unix Filter 10/100/1000BaseTX Ethernet, B02.11b/g/n TopAccess Windows (Vista, 7, 200B, 200BR2, 2012) (WHQL) Novell, HPOS (Dazel), Citrix ~"<:<I~11 SPe.cifi<:.<I!i()r1_~~~_~ __ ~ __ _ Scan Resolution Scan Speed File Format Compatibility Data Compression Transmission Speed Fax Modem Speed Memory Transmission Scan Speed Operation Method Number of Boxes Capacity of Boxes 100 dpi, 150 dpi, 200 dpi, 300 dpi, 400 dpi, 600 dpi 73 SPM Color/73 SPM B&W (@ 300 dpi) TIFF, PDF, Secure PDF, JPEG, XPS (with HDD) SuperG3 MH / MR / MMR /JBIG Approx. 3 Seconds Per Page 33.6 Kbps 100 Jobs (with HDD), 2,000 Destinations Max. 400 Destinations /Job .7 Seconds Per Page, Maximum 73 SPM Color Touch Screen Control Panel or Client PC 1 Public Box, 200 Private User Boxes 100 Folders Per Box, 400 Documents Per Folder 200 Pages Per Document TOSHIBA Leading Innovation »> ~~C?urity{Standarcfl __ Data Encryption Authentication 256 Bit AES (SED Hard Drive) LDAP, SMTP, Windows Server Domain, Local Accessories (Options) Additional Paper Options Platen RADF: 100 Sheets Paper Feed Pedestal: 550-Sheet Pedestal, Statement-R to Ledger Cassette Module :550~Sheet Pedestal, Statement-R to Ledger Large Capacity Feeder (LCF): 2,OOO-Sheet Drawer, Letter Finishing Options Saddle-Stitch Finisher: Tray 1 Stack Capacity: 3,000 Sheets + 250 Sheet Stationary Tray (U) Staple Capacity: 50 Sheets 60 Pages (15 Sheets) SS Booklets Multi-Position Hole Punch Unit for Saddle-Stitch Finisher Multi-Position Console Finisher: Tray 1 Stack Capacity: 2,000 Sheets (U) Staple Capacity: 50 Sheets Multi~Position Hole Punch Unit for Console Finisher Inner Finisher 2 Tray: 500 Sheets (U) Staple Capacity: 50 Sheets Multi-Position Hole Punch Unit for Inner Finisher Connectivity/Security Options Bridge Kit Required with MJ110B and MJ1107 Fax Board 2nd Line Fax Wireless LAN Adapter Wireless Antenna Meta Scan Enabler for e~CONNECT IP Sec Enabler Advanced Scanning (ReRite) SharePoint Connector Exchange Connector Google Docs Connector Miscellaneous Options Accessible Arm Handle • Corporate Office 9740 Irvine Blvd., Irvine, CA 92618~1631 Tel: 949-462-6000 KA1640PC MR3025 KD1032N MY1039 KD1031 MJ110B MJ6104 MJ1107 MJ6104 MJ1036N MJ6007 KN2550 GD1320NX GD1260F GN1060 GN3010 GS1010 GP10BO GB12BOV8 GB1440 GB1450 GB1540 KK2550 East Coast 959 Route 46 East, 5th Floor, Parsippany, NJ 07054 Tel: 973-316-2700 Midwest South West Coast WebSite 8770 W. Bryn Mawr Ave., Suite 700, Chicago, IL 60631 Tel: 773-3BO-6000 2037 Bakers Mill Rd., Dacula, GA 30019 Tel: 67B-546-9385 9740 Irvine Blvd., Irvine, CA 92618 Tel: 949-462-6000 www.business.toshiba.com Designs and Specifications subject to change without notice. For best results and reliable performance, always use supplies manufacturer or designated by Toshiba. Not all options and accessories may be available at the time of product launch. Please contact a local Authorized Toshiba Dealership for availability. Toner yields are estimates based on 6% coverage, letter~size page. Driver and connectivity feature support varies by client/network operating system. © 2013 Toshiba America Business Solutions, Inc. Electronic Imaging Division Inv. Code: 22223 2555c 3055c 3555c Spec Sheet 7/13 CONTRACT Multifunctional Products State of Florida Contract #600-000-11-1 THIS AGREEMENT made and entered into this _ day of ,2014, by and between the City of South Miami, a Florida municipal Corporation (hereinafter referred to as "City") and Toshiba Business Solutions, (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the State of Florida solicited bids, pursuant to Contract #600-000-11-1, for Multifunctional Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies and Services; and WHEREAS, the State of Florida, after completing a competitive bidding process, awarded a contract to Contractor, and WHEREAS, the City of South Miami desires to utilize the State of Florida Contract and pursuant to authority ofthe City of South Miami's Charter. NOW, THEREFORE, the City and the Contractor, each through their authorized representative/official, agree as follows: 1. The City desires to enter into a Contract, under the same terms and conditions as set forth in the solicitation and the agreement between State of Florida and Contractor, pursuant Contract#600-000-11-1. 2. The City has reviewed the contract and agrees to the terms and conditions and further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such services under the same price(s), terms and conditions as found in Contract #600-000-11-1 and the agreement between State of Florida and Contractor., pursuant Contract #600-000-11-1, a copy of which, including any amendments thereto, is attached hereto and made a part hereof by reference. 3. All references in the contract between the State of Florida and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions that are to be made on behalf of the City, as set forth in the State of Florida's Contract #600-000-11-1 and its agreement with Contractor, shall be made by the City Manager for the City of South Miami. The term of the contract, including all extensions authorized by the contract shall not exceed five years. Notwithstanding anything contained in the Contract #600-000-11-1 or the State of Florida contract to the contrary, this agreement shall be governed by the laws of the State of Florida and venue for all dispute resolutions or litigation shall be in Miami-Dade County, Florida. 4. Notwithstanding anything contained in the contract to the contrary, the Thomas F. Pepe -7-16-14 Page 1 of6 provisions of this Agreement shall apply and take precedence over any contrary provisions in the contract between the Contractor and the State of Florida. 5. Term: The term of the contract, including any extensions, shall not exceed five years. 6. Ownership of Documents: All documentation and work product produced as part of the contract shall become the exclusive property ofthe city. All bids/proposals and accompanying documentation received from the Contractor in response to a solicitation shall become the property of the city and will not be returned to the Contractor. This subsection shall be applicable to all responses to a solicitation, including but not limited to request for proposal, requests for qualification, requests for letters of interest and request for bids. 7. Public Records: Contractor and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or Services on behalf of the CITY and the Contractor, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. 8. Indemnification: Contractor shall comply with the indemnification requirements set forth in or as set forth in the attached Indemnification Exhibit. In addition, if the Contract requires the City to provide indemnification, nothing contained therein shall waive the City's right to sovereign immunity or the protection of s. 768.28, Florida Statutes. 9. Insurance -Bonding: Contractor shall comply with the insurance requirements set forth in the attached Insurance Exhibit. 10. Licenses and Certifications: Contractor shall secure all necessary business and professional licenses at its sole expense prior to executing the Agreement or commencing the Work. 11. Taxes: Contractor shall be responsible for all payments of federal, state, and/or local taxes related to the Operations, inclusive of sales tax if applicable. 12. Drug Free Workplace: The Contractor shall comply with the Drug Free Workplace policy set forth in attachment # two which is made a part of this agreement by reference. 13. Independent Contractor: Contractor is an independent entity under this Agreement and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 14. Entire Agreement, Modification, and Binding Effect: This Agreement constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. This Agreement shall be binding upon and inure to the benefit of the City and Contractor and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this agreement shall be valid or binding unless it complies with this paragraph. This agreement, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. Thomas F. Pepe -7-16-14 Page 2 of6 15. Non-Waiver: City and Contractor agree that no failure to exercise and no delay in exercising any right, power or privilege under this Agreement on the part of either party shall operate as a waiver of any right, power, or privilege under this Agreement. No waiver of this Agreement, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this agreement. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this agreement as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 16. Rules of Interpretation: Throughout this agreement the male pronoun may be substituted for female and neuter and the singular words substituted for plural and plural words substituted for singular wherever applicable. 17. Cumulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor by the Contract Documents and the rights and remedies available to the City hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions ofthe Contract Documents. In order to entitle any party to exercise any remedy reserved to it in this Agreement, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. 18. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 19. Validity of Executed Copies: This agreement may be executed in several counterparts, each of which may be construed as an original. 20. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 21. No Discrimination: No action shall be taken by the Contractor, nor will it Thomas F. Pepe -7-16-14 Page 3 of6 permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The Contractor shall comply with the Americans with Disabilities Act. Furthermore, Contractor agrees that it will take affirmative action to ensure that such discrimination does not take place. 22. Equal Employment: In accordance with Federal, State and Local law, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, ethnicity, religion, sex, sexual orientation, national origin or handicap. The Contractor shall comply with all aspects of the Americans with Disabilities Act (ADA) during the performance ofthis contract. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices. Thus, all individuals and entities seeking to do work for the CITY are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this Agreement the Contractor hereby certifies under penalty of perjury, to the CITY, that Contractor is in compliance with all applicable regulations and laws governing employment practices. 23. Governing Laws and Venue: This Agreement and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 24. Attorneys' Fees and Costs: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. 25. Unauthorized Aliens: The employment of unauthorized aliens by the Contractor is considered a violation of Federal Law. Ifthe Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. This applies to any sub-contractors used by the Contractor as well. The CITY reserves the right at its discretion, but does not assume the obligation, to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 26. Assignment: Contractor shall not assign or transfer its rights under this Agreement without the express written consent of the City. The Contractor shall not assign and of its duties, obligations and responsibilities. The City will not unreasonably withhold and/or delay its consent to the assignment of the Contractor's rights. The City may, in its sole discretion, allow the Contractor to assign its duties, obligations and responsibilities provided the assignee meets all of the City's requirements to the City's sole satisfaction. The Thomas F. Pepe 7-16-14 Page 4 of6 Contractor shall not subcontract this Agreement or any of the services to be performed by it without prior consent of the CITY in writing. Any assignment or subcontracting in violation hereof shall be void and unenforceable. 27. Subcontracting: If allowed by this Agreement, the Contractor shall be as fully responsible to the CITY for the acts and omissions of its subcontractors as it is for the acts and omissions of people directly employed by it. All subcontractors and subcontractor agreements, if allowed by this Agreement, must be approved by the CITY. The Contractor shall require each subcontractor, who is approved by the CITY, to agree in its contract to observe and be bound by all obligations and conditions of this Agreement to which Contractor is bound. 28. Effective Date: This Agreement shall become effective and binding upon its execution by the City Manager.. 29. Third Party Beneficiary: It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this Agreement shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 30. Further Assurances: The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the Agreement. 31. Time of Essence: Time is of the essence ofthis Agreement. 32. Construction: This Agreement shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 33. Force Majeure: Neither party hereto shall be in default of its failure to perform its obligations under this Agreement if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives of the parties hereto have caused this instrument to be signed in their respective names by their proper officials and to be attested by their respective Clerks the day and year first above written. ATTEST: CITY OF SOUTH MIAMI By: ___________________________ By: ____________________ __ Maria M. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof Thomas F. Pepe -7-16-14 Page 5 of6 Steven Alexander City Manager By: _____ _ Thomas F. Pepe City Attorney VENDOR By: _______________________ _ (type name and title of signatory above) Thomas F. Pepe -7-16-14 Page 6 of6 Amendment 3 Contract Renewal 1 To State Term Contract 600-000-11-1 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment") to Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Contract, No. 600-000-11-1 ("Contract") is entered into and is effective as of the last date signed below by and between the State of Florida, Department of Management Services ("Department") and Toshiba America Business Solutions, Inc. ("Contractor"). 1.0 CONTRACT RENEWAL The Department and the Contractor hereby execute the contract renewal option for a one-year period pursuant to section 4.26 of the Contract and subsection 287.057(13), Florida Statutes (F.S.). The new Contract expiration date is August 3, 2015. 2.0 CONFLICT To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force. 3.0 WARRANTY OF AUTHORITY Each person Signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 4.0 REPLACEMENT CONTRACT. A replacement contract may be established for these services prior to the expiration of this Contract. The replacement contract shall supersede and cause early termination of this Contract. Toshiba America Business Solutions, Inc. Name: Name: Scott Maccabe Director of State Purchasing and Title: Chief Procur ment Officer Title: _-=P'-!.r.:e~si:.::d.:.en:..:;t::...;&=-::!C:.=E.:!!:O:-________ _ Date: __ ~~~~~ ____________ __ Date: _-=6£...:/1=6:;.0../=14 __________ _ Contract No.: DMS 600-000-11-1 Amendment 3 Contract Renewal 1 To State Term Contract 600-000-11-1 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment") to Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Contract, No. 600-000-11-1 rContract") is entered into and is effective as of the last date signed below by and between the State of Florida, Department of Management Services ("Department") and Xerox Corporation ("Contractor"). 1.0 CONTRACT RENEWAL The Department and the Contractor hereby execute the contract renewal option for a one-year period pursuant to section 4.26 of the Contract and subsection 287.057(13), Florida Statutes (F.S.). The new Contract expiration date is August 3,2015. 2.0 CONFLICT To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force. 3.0 WARRANTY OF AUTHORITY Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 4.0 REPLACEMENT CONTRACT. A replacement contract may be established for these services prior to the expiration of this Contract. The replacement contract shall supersede and cause early termination of this Contract. Xerox Corporation Name: By: ~R-1h ,tl~ Name: 1H kitts! M. LH.l LU> , Director of State Purchasing and ::: -J,~-I~r..,j: ... f9-;P :/i~ro.j'...c-l7,-r_m_e_n_t_O_ffi_,c_e_r __ _ Title:A-CCO()JJ1 GtN . tic:&- Date: ~ -J-{g -do ( tf Contract No.: DMS 600-000-11-1 Amendment 3 Contract Renewal 1 To State Term Contract 600-000-11-1 Multifunction Products, Printers, Facsimile Equipment, Scanners, 'Related Software, Supplies, and Services This Amendment ("Amendment") to Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Contract, No. 600~000-11~1 ("Contract") is entered into and is effective as of the last date signed below by and between the State of Florida, Department of Management Services ("Department") and United Solutions Company (tlContractor"). 1.0 CONTRACT RENEWAL The Department and the Contractor hereby execute the contract renewal option for a one-year period pursuant to section 4.26 of the Contract and subsection 287.057(13), Florida Statutes (F.S.). The new Contract expiration date is August 3,2015. 2.0 CONFLICT To the extent any ofthe terms ofthis Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force. 3.0 WARRANTY OF AUTHORITY Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 4.0 REPLACEMENT CONTRACT. A replacement contract may be established for these services priorto the expiration of this Contract. The replacement contract shall supersede and cause early termination of this Contract. Title: Director of State Purchasing and Chief Procure ent Officer Date: _7~....&....;;;...r-:.--I-_____ _ Contract No.: DMS 600~OOO-1l ~ 1 United Solutions Company .. BY:~' Name: Jim Giacobbe Title: ---'P:..:r'-=e:=si:.,::d:,::e::..:nt.:.../L..:::C:::.EO=--_____ _ Date: _C,~t..l.-19~/--I1'I~ __ Amendment 3 Contract Renewal 1 To State Term Contract 600-000-11-1 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment") to Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Contract, No. 600-000-11-1 ("Contract") is entered into and is effective as of the last date signed below by and between the State of Florida, Department of Management Services ("Department") and Sharp Electronics Corporation ("Contractor"). 1.0 CONTRACT RENEWAL The Department and the Contractor hereby execute the contract renewal option for a one-year period pursuant to section 4.26 of the Contract and subsection 287.057(13), Florida Statutes (F.S.). The new Contract expiration date is August 3, 2015. 2.0 CONFLICT To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force. 3.0 WARRANTY OF AUTHORITY Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 4.0 REPLACEMENT CONTRACT. A replacement contract may be established for these services prior to the expiration of this Contract. The replacement contract shall supersede and cause early termination of this Contract. State of Florida, Sharp Electronics Corporation Departme t of Management Services Name: Name: Michael Marusic Director of State Purchasing and :::::: _C1~hf-~ ..... f"";'Tj-+-OC_? .. r:_, _m_e_n_t_O_ff_ic_e_r __ _ I 7 Title: ---..:S::..::e::..:.n.:..:.;io:..:r .... V=..:i~ce=-=-P.:..::re::.=s:.:..:id::.::e:.:.:n:..::.t ___ _ Date: ~J~u:.:..:n~e~1~7,w2~0~1~4 ______ _ Contract No.: DMS 600-000-11-1 Amendment 3 Contract Renewal 1 To State Term Contract 600-000-11-1 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment") to Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Contract, No. 600-000-11-1 r'Contract") is entered into and is effective as of the last date signed below by and between the State of Florida, Department of Management Services ("Department") and Qualpath, Inc. ("Contractor"). 1.0 CONTRACT RENEWAL The Department and the Contractor hereby execute the contract renewal option for a one-year period pursuant to section 4.26 of the Contract and subsection 287.057(13), Florida Statutes (F.S.). The new Contract expiration date is August 3, 2015. 2.0 CONFLICT To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force. 3.0 WARRANTY OF AUTHORITY Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 4.0 REPLACEMENT CONTRACT. A replacement contract may be established for these services prior to the expiration of this Contract. The replacement contract shall supersede and cause early termination of this Contract. Qualpath, Inc. Name: • cott Director of State Purchasing and :::::: --'~t-,hHh"-lf9~P/~:O,-J7+u_,_e_m_e_n_t_O_ff_ic_e_r __ _ Contract No.: DMS 600-000-11-1 Amendment 3 Contract Renewal 1 To State Term Contract 600-000-11-1 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment") to Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Contract, No. 600-000-11-1 ("Contract") is entered into and is effective as of the last date signed below by and between the State of Florida, Department of Management Services ("Department") and PCMG, Inc. ("Contractor"). 1.0 CONTRACT RENEWAL The Department and the Contractor hereby execute the contract renewal option for a one-year period pursuant to section 4.26 of the Contract and subsection 287.057(13), Florida Statutes (F.S.). The new Contract expiration date is August 3, 2015. 2.0 CONFLICT To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force. 3.0 WARRANTY OF AUTHORITY Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 4.0 REPLACEMENT CONTRACT. A replacement contract may be established for these services prior to the expiration of this Contract. The replacement contract shall supersede and cause early termination of this Contract. Services Director of State Purchasing and :~t:: _1""":f-h+-f "&'~'l-Z..:..,I-tr_, _m_e_nt_O_ff_i_ce_r __ _ Contract No.: DMS 600-000-11-1 PCMG, Inc. By: _rl..'-!Mit~, -:iT-: ~k~· =' ~&!I,,",-/_/_ Name: Cathy Boleyn Title: VP Operations Date: June 11, 2014 Amendment 3 Contract Renewal 1 To State Term Contract 600-000-11-1 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and SeNices This Amendment ("Amendment") to Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Contract, No. 600-000-11-1 ("Contract") is entered into and is effective as of the last date signed below by and between the State of Florida, Department of Management Services ("Department") and Lexmark International, Inc. ("Contractor"). 1.0 CONTRACT RENEWAL The Department and the Contractor hereby execute the contract renewal option for a one-year period pursuant to section 4.26 of the Contract and subsection 287.057(13), Florida Statutes (F.S.). The new Contract expiration date is August 3,2015. 2.0 CONFLICT To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force. 3.0 WARRANTY OF AUTHORITY Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 4.0 REPLACEMENT CONTRACT. A replacement contract may be established for these services prior to the expiration of this Contract. The replacement contract shall supersede and cause early termination of this Contract. Lexmark International, Inc. By: ~; .-:C-- Name: Kelley • co Name: Ronald Binkauskas Director of State Purchasing and Title: Chie Pro rent Officer Title: Vice President & GM of North America Date: ---r--~~~--------------Date: June 16,2014 Contract No.: DMS 600-000-11-1 Amendment 3 Contract Renewal 1 To State Term Contract 600-000-11-1 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment (((Amendment") to Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Contract, No. 600-000-11-1 ("Contract") is entered into and is effective as of the last date signed below by and between the State of Florida, Department of Management Services ("Department") and Kyocera Document Solutions America, Inc. ("Contractor"). 1.0 CONTRACT RENEWAL The Department and the Contractor hereby execute the contract renewal option for a one-year period pursuant to section 4.26 of the Contract and subsection 287.057(13), Florida Statutes (F.S.). The new Contract expiration date is August 3,2015. 2.0 CONFLICT To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force. 3.0 WARRANTY OF AUTHORITY Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 4.0 REPLACEMENT CONTRACT. A replacement contract may be established for these services prior to the expiration of this Contract. The replacement contract shall supersede and cause early termination of this Contract. Name: Title: Director of State Purchasing and Chief prociu ement Officer Date: --+1Jt..J-:'f$L-I-I-I ___ _ / I Contract No.: DMS 600-000-11-1 Kyocera Document Solutions America, Inc. BY:·eClw~ ~~L' Name: Ci)f;JAfl/) &4/«,/;'1 Title: Ike' &eJ/~JT SA UJ Date: __ +-~~~ ________________ ___ Amendment 3 Contract Renewal 1 To State Term Contract 600-000-11-1 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment") to Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Contract, No. 600-000-11-1 ("Contract") is entered into and is effective as of the last date signed below by and between the State of Florida, Department of Management Services ("Department") and Konica Minolta Business Solutions USA, Inc. ("Contractor"). 1.0 CONTRACT RENEWAL The Department and the Contractor hereby execute the contract renewal option for a one-year period pursuant to section 4.26 of the Contract and subsection 287.057(13), Florida Statutes (F.S.). The new Contract expiration date is August 3,2015. 2.0 CONFLICT To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force. 3.0 WARRANTY OF AUTHORITY Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 4.0 REPLACEMENT CONTRACT. A replacement contract may be established for these services prior to the expiration of this Contract. The replacement contract shall supersede and cause early termination of this Contract. Konica Minolta Business Solutions USA, Inc. BY:«h~b¥ e~ Name: Name: Kimberly B. Talbot Director of State Purchasing and :::::: _;~i(-~.l-I ~=r°-l-l':";....Jr,--e_n_t_O_ff_ic_e_r __ I I Title: Manager, Government Contracts Date: June 16, 2014 Contract No.: DMS 600-000-11-1 Amendment 3 Contract Renewal 1 To State Term Contract 600-000-11-1 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment") to Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Contract, No. 600-000-11-1 ("Contract") is entered into and is effective as of the last date signed below by and between the State of Florida, Department of Management Services ("Department") and Canon U.S.A., Inc. ("Contractor"). 1.0 CONTRACT RENEWAL The Department and the Contractor hereby execute the contract renewal option for a one-year period pursuant to section 4.26 of the Contract and subsection 287.057(13), Florida Statutes (F.S.). The new Contract expiration date is August 3,2015. 2.0 CONFLICT To the extent any ofthe terms ofthis Amendment conflict with the terms ofthe Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force. 3.0 WARRANTY OF AUTHORITY Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 4.0 REPLACEMENT CONTRACT. A replacement contract may be established for these services prior to the expiration of this Contract. The replacement contract shall supersede and cause early termination of this Contract. Name: cott Director of State Purchasing and Chi7 pro77ent omcer Date: ....... 7'-+--'J_~+-..£-J ~+--___ _ '/ Title: Contract No.: DMS 600-000-11-1 Canon U.S.A., Inc. By: ------~~+-~~~----r-------tt+-fj--i Name: Junich~ YI. shitake Senior Vice President and Title: General Manager Date: __ ~ _____ 30 ___ (~ __ '_4 _____________ __ Renewal 1 (18 July 2014) RENEWAL NO.: (600-000-11-1) 1 TO: User Agencies FROM: Division of State Purchasing SUBJECT: Contract No. 600-000-11-1 Title: Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services The Department of Management Services, Division of State Purchasing, executed a Contract Renewal for a period of 1 year. The new contract expiration date is August 3, 2015. Any questions regarding this contract should be directed to Brian Leger at (850) 410-0978 or by e-mail Brian.Leger@dms.myflorida.com. AMENDMENT 2 STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES STATE TERM CONTRACT NUMBER: 600-000-11-1 MULTIFUNCTION PRODUCTS, PRINTERS, FACSIMILE EQUIPMENT, SCANNERS, RELATED SOFTWARE, SUPPLIES, AND SERVICES NAME CHANGE AGREEMENT This Agreement is entered into and is effective as of the last date signed below, by and between the State of Florida, Department of Management Services (hereinafter "DMS" or the "Department"), and PCMG, Inc. ("PCMG"). WITNESSETH WHEREAS, on or about August 4, 2010, DMS and PC Mall Gov, Inc., entered into the above referenced State Term Contract (the "Contract"); and WHEREAS, on January 1, 2013, PC Mall Gov, Inc. changed its name to PCMG, Inc., as documented by the December 28, 2012 letter attached hereto. NOW THEREFORE, for the mutual covenants contained herein, the parties hereto agree as follows: 1. The above recitals and attachments are asserted by the Contractor as true and correct and are incorporated by reference as if fully stated herein. 2. Henceforth, references to the Contractor by name in correspondence, amendments or documentation shall be to PCMG, Inc. 3. To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force and effect. 4. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party. DEPARTMENT By: ______________________ _ Name: Kelley J. Scott Director of State Purchasing Title: _ and Chief Procurement Officer Date: __________________________ __ CONTRACTOR By: __________________________ __ Name: ________________________ ___ Title: __________________________ _ Date: __________________________ _ AMENDMENT 1 STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES STATE TERM CONTRACT NUMBER: 600-000-11-1 MULTIFUNCTION PRODUCTS, PRINTERS, FACSIMILE EQUIPMENT, SCANNERS, RELATED SOFTWARE, SUPPLIES, AND SERVICES NAME CHANGE AGREEMENT This Agreement is entered into and is effective as of the last date signed below, by and between the State of Florida, Department of Management Services (hereinafter "OMS" or the "Department"), and Canon Solutions America, Inc. ("CSA"). WITNESSETH WHEREAS, on or about August 4, 2010, OMS and Oce North America, Inc. (Contractor, hereinafter "Oce"), entered into a contract whereby Oce would provide Multifunction products, printers, facsimile equipment, scanners, related software, supplies, and services as awarded in the above-mentioned State Term Contract (the "Contract"); WHEREAS, on January 1, 2013, Oce merged with Canon Business Solutions, Inc.; WHEREAS, pursuant to the Certificate of Merger (attachment), Canon Business Solutions America, Inc. is the surviving corporation; WHEREAS Canon Business Solutions, Inc., pursuant to the attached Certificate of Merger also changed its name to Canon Solutions America, Inc., and is assuming all contractual responsibilities; WHEREAS, OMS has no objection to CSA providing the services previously awarded to Oce, under the Contract for the remainder of the contract term; and NOW THEREFORE, for the mutual covenants contained herein, the parties hereto agree as follows: 1. The Department and CSA hereby agree that Canon Solutions America, Inc. shall provide the services as awarded to Oce in the Contract, and shall enjoy all of the rights and benefits granted under the Contract, which duties and functions and rights and benefits are specifically incorporated herein by reference. 2. The Department and CSA hereby agree that payments which would have gone to Oce under the Contract shall be paid to Canon Solutions America, Inc. in accordance with the terms and. conditions of the Contract. RFP 20-600-000-0 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 2 3. The parties hereto specifically acknowledge and agree that a new contractual relation is hereby entered into by and between the Department and Canon Solutions America, Inc. All future correspondence, amendments or documentation shall reflect the current name of the contractor as "Canon Solutions America, Inc.". 4. To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force and effect. 5. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party. STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES By: ______________________ _ Name: Kelley J. Scott Acting Director of State Purchasing CANON SOLUTIONS AMERICA, INCORPORATED By: __________________________ __ Name: ---------------------------- Title: and Chief Procurement Officer Title: Date: ______________________ __ ---------------------------- Date: __________________________ ___ 300 Commerce Square Boulevard Burlington, NJ 08016 T: 800.815.4000 F: 800.220.4002 RFP 20-600-000-Q 3 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services MULTIFUNCTION PRODUCTS, PRINTERS, FACSIMILE EQUIPMENT, SCANNERS, RELATED SOFTWARE, SUPPLIES, AND SERVICES RFP 20-600-000-Q RFP ISSUE DATE: APRIL 8, 2010 RESPONSES DUE: APRIL 30, 2010 @2:00P.M. EDT REFER ALL INQUIRIES To: MICHELLE MACVICAR, PURCHASING SPECIALIST, FCCM, FCCN STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF STATE PURCHASING 4050 ESPLANADE WAY, SUITE360 TALLAHASSEE, FL 32399 EMAIL: MICHELLE.MAcVICAR@DMS.MYFLORIDA.COM RFP 20-600-000-Q 4 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services TABLE OF CONTENTS SECTION 1: INTRODUCTION 1.1 INTRODUCTION AND OVERVIEW 1.2 WHO MAY RESPOND 1.3 EVENT TIMELINE 1.4 LOBBYING DURING THE PROCUREMENT PROCESS SECTION 2: GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001) 2.1 DEFINITIONS 2.2 GENERAL INSTRUCTIONS 2.3 ELECTRONIC SUBMISSION OF RESPONSES 2.4 TERMS AND CONDITIONS 2.5 QUESTIONS 2.6 CONFLICT OF INTEREST 2.7 CONVICTED VENDORS 2.8 DISCRIMINATORY VENDORS 2.9 RESPONDENT'S REPRESENTATION AND AUTHORIZATION 2.10 MANUFACTURER'S NAME AND ApPROVED EQUIVALENTS 2.11 PERFORMANCE QUALIFICATIONS 2.12 PUBLIC OPENING 2.13 ELECTRONIC POSTING OF NOTICE OF INTENDED A WARD 2.14 FIRM RESPONSE 2.15 CLARIFICATIONS/REVISIONS 2.16 MINOR IRREGULARITIES/RIGHT TO REJECT 2.17 CONTRACT FORMATION 2.18 CONTRACT OVERLAP 2.19 PUBLIC RECORDS 2.20 PROTESTS 2.21 LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD SECTION 3: SPECIAL INSTRUCTIONS TO RESPONDENTS 3.1. CONTACT PERSON 3.2. DEFINITIONS 3.3. ORDER OF PRECEDENCE 3.4. RESPONSE SUBMITTAL 3.5. SOURCING TOOL TRAINING 3.6. SOURCING TOOL TIPS 3.7. ADDENDA TO THE RFP 3.8. INITIAL DETERMINATION OF RESPONSIVENESS 3.9. FIRM RESPONSE 3.10. ELECTRONIC POSTING OF AWARD 3.1 1. RESPONSES 3.12. EVALUATION 3.13. FINANCIAL STATUS RFP 20-600-000-Q 5 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 3.14. SERVICE LEVEL AGREEMENT 3.15. RANKING AND SELECTION PROCESS 3.16. QUALITY 3.17. TECHNICAL DOCUMENTATION 3.18. DOCUMENTATION BECOMES THE PROPERTY OF THE STATE 3.19. CONTACT INFORMATION AND ORDERING INSTRUCTIONS 3.20. SALES, SERVICE, PARTS AND REPAIR FACILITIES 3.21. SPECIAL ACCOMMODATION 3.22. STATE OBJECTIVES SECTION 4: GENERAL CONTRACT CONDITIONS (PUR 1000) 4.1. DEFINITIONS. 4.2. PURCHASE ORDERS. 4.3. PRODUCT VERSION. 4.4. PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS. 4.5. ADDITIONAL QUANTITIES. 4.6. PACKAGING. 4.7. INSPECTION AT CONTRACTOR'S SITE. 4.8. SAFETY STANDARDS. 4.9. AMERICANS WITH DISABILITIES ACT. 4.10. LITERATURE. 4.11. TRANSPORTATION AND DELIVERY. 4.12. INSTALLATION. 4.13. RISK OF LOSS. 4.14. TRANSACTION FEE. 4.15. INVOICING AND PAYMENT. 4.16. TAXES. 4.17. GOVERNMENTAL RESTRICTIONS. 4.18. LOBBYING AND INTEGRITY. 4.19. INDEMNIFICATION. 4.20. LIMITATION OF LIABILITY. 4.21. SUSPENSION OF WORK. 4.22. TERMINATION FOR CONVENIENCE. 4.23. TERMINATION FOR CAUSE. 4.24. FORCE MAJEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY. 4.25. CHANGES. 4.26. RENEWAL. 4.27. PURCHASE ORDER DURATION. 4.28. ADVERTISING. 4.29. ASSIGNMENT. 4.30. ANTITRUST ASSIGNMENT 4.31. DISPUTE RESOLUTION. 4.32. EMPLOYEES, SUBCONTRACTORS, AND AGENTS. 4.33. SECURITY AND CONFIDENTIALITY. 4.34. CONTRACTOR EMPLOYEES, SUBCONTRACTORS, AND OTHER AGENTS. 4.35. INSURANCE REQUIREMENTS. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 6 4.36. WARRANTY OF AUTHORITY. 4.37. WARRANTY OF ABILITY TO PERFORM. 4.38. NOTICES. 4.39. LEASES AND INSTALLMENT PURCHASES. 4.40. PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE). 4.41. PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED. 4.42. MODIFICATION OF TERMS. 4.43. COOPERATIVE PURCHASING. 4.44. WAIVER. 4.45. ANNUAL APPROPRIATIONS. 4.46. EXECUTION IN COUNTERPARTS. 4.47. SEVERABILITY. SECTION 5: SPECIAL CONTRACT CONDITIONS 5.1. DEFINITIONS 5.2. NOTICE TO CONTRACTOR 5.3. CONTRACT MANAGEMENT 5.4. CONTRACT REpORTING REQUIREMENTS 5.5. METHOD OF PAYMENT/PURCHASING CARD PROGRAM (P-CARD) 5.6. PRODUCT A V AILABILITY AND RESTRICTIONS 5.7. DELIVERY AND INSTALLATION REQUIREMENTS 5.8. INSTRUCTIONS AND MAINTENANCE MANUAL 5.9. WARRANTY 5.10. EQUIPMENT RELIABILITY /NON-PERFORMANCE 5.11. FACTORY SERVICE REQUIREMENTS 5.12. SECURITY AND CONFIDENTIALITY 5.13. PURCHASE AND LEASE PROVISIONS 5.14. STANDARD SUPPORT LEVELS 5.15. OPTIONAL SUPPORT LEVELS 5.16. SERVICE AND RESPONSE 5.17. MAINTENANCE PLANS 5.18. RELOCATION AND MOVING OF LEASED EQUIPMENT 5.19. CONTRACTOR'S STATE CONTRACT WEB PAGE 5.20. CONTRACT REVISIONS 5.21. ELECTRONIC INVOICING / BILLING 5.22. PAYMENTS 5.23. TAXES AND OTHER FEES 5.24. REQUESTS FOR QUOTES 5.25. LEASED EQUIPMENT RISK OF Loss/EQUIPMENT INSURANCE 5.26. PRICE DISCOUNT LEVELS 5.27. BENCHMARK REpORT / COMPETITIVE PRICE ASSURANCE 5.28. ADDITIONAL HARDWARE AND SERVICES 5.29. INSTALLATION AND ENVIRONMENTAL REQUIREMENTS 5.30. INSURANCE REQUIREMENTS 5.31. RETURN OF PRODUCT 5.32. SURVIVABILITY RFP 20-600-000-Q 7 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 5.33. END OF LIFE 5.34. ELECTRICAL CONNECTIONS, SURGE PROTECTORS AND TELEPHONE LINES 5.35. SPECIAL DISCOUNTS/PROMOTIONS 5.36. QUANTITY DISCOUNT 5.37. TRADE-INS 5.38. ENVIRONMENTAL PERFORMANCE COMMITMENTS AND PAST RECORD 5.39. STATE FUNDS SECTION 6: TECHNICAL SPECIFICATIONS 6.1. DEFINITIONS 6.2. PRODUCTS 6.3. ACCEPTABLE EQUIPMENT 6.4. EMISSIONS STANDARDS 6.5. ASSOCIATED PRODUCTS 'AND SERVICES SUBMITTAL 6.6. SPECIFICATIONS SECTION 7: ATTACHMENTS THIS SPACE INTENTIONALLY LEFT BLANK RFP 20-600-000-Q 8 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services SECTIONl INTRODUCTION 1.1. Introduction and Overview The State of Florida Department of Management Services (the "Department" or "OMS"), Division of State Purchasing invites interested companies to submit proposals in accordance with this solicitation document. The purpose of this Request for Proposal (RFP) is to establish a forty- eight (48) month State Term Contract (STC) for Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services with the potential for renewal in accordance with Section 287.057(14), Florida Statutes ( F.S.). The contract resulting from this Request for Proposal (RFP) is anticipated to begin on or about May 22,2010. The contract resulting from this solicitation will provide efficiency and economy for State Agencies and other eligible users (OEUs, as defined in Rule 60A-1.005, Florida Administrative Code (F.A.g (Eligible Users)) in the acquisition of the products and services described herein as well as replace STC # 600-340-06-1 (Copying and Facsimile Equipment). Florida Information Technology Resource Security Policies and Standards, as defined in Rule 6000-2, F.A.C. and proposed Rule 71A-l, shall apply to this solicitation where necessary. Qualified respondents offering highly competitive pricing within each segment/subcategory to the State will be considered for award. This shall be done in accordance with terms and conditions outlined in this solicitation and its required documents. The awarded vendor(s) and their authorized dealers shall work in partnership with the State to provide quality equipment, supplies, software, services, and solutions at the lowest price available. This shall be done in a timely and efficient manner in accordance with the terms and conditions outlined in the solicitation. The State reserves the right to limit the scope of award or make no award if deemed by the Department to be in the best interest of the State. The awarded vendor(s) will receive Direct Orders (DO), Purchase Orders (PO) and/or credit card (P-card) orders directly from the Customer for leases and purchases. Delivery and service locations will be statewide. This solicitation will create a single State Term Contract for the: • purchase of: o Multifunction Products (MFPs), o Printers o Facsimile machines o Sheet Fed Scanners • lease of: o Multifunction Products (MFPs), RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 9 o Printers, • supplies and maintenance for the aforementioned items • related software • associated value-added services/solutions Respondents may submit responses for one or more segments within the following categories: • Category 1: Copier-based MFPs (as referenced by the Buyer's Laboratory Advisor Buying Guide) (Monochrome, Hybrid; must include llxl7) o Segment 2: 21-30 cpm o Segment 3: 31-40 cpm o Segment 4: 41-69 cpm o Segment 5: 70-90 cpm o Segment 6: 91 cpm and higher (Segments in Category 1 are as listed within the Buyers Laboratory Inc. (BLI) Copier Fact Sheet Glossary) • Category 2: Printer-based MFPs (as referenced by the Buyer's Laboratory Advisor Buying Guide) (Monochrome, Hybrid; desired to include 11 x 17) o Small Workgroup o Medium Workgroup o Large Workgroup o Departmental • Category 3: Printers (Monochrome, Color, Hybrid; desired to include llxl7) o Small Workgroup o Medium Workgroup o Large Workgroup • Category 4: Workgroup and Network Sheet Fed Scanners (Monochrome, Color) o Desktop Workgroup: 16-30 ppm o Departmental: 31-50 ppm o Low-volume Production: 51-75 ppm o Mid-volume Production: 65-100 ppm o High-volume Production: 100 ppm and higher (Segments in Category 4 are as listed within the BLI Buying Guide for Document Scanners) • Category 5: Plain Paper Facsimile Machines o Low-volume o Mid-volume o High-volume Methods used for print imaging include toner and non-toner based products. 1.2. Who May Respond The Department will accept responses from responsible and responsive vendors that are in good standing with the State of Florida, meet the product specifications, and possess the financial capability, experience, and personnel resources to provide equipment and services of the scope and breadth described within this RFP. Minimum qualifications for response eligibility are: ~ ~ RFP 20-600-000-Q 10 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services (a). Respondent must be registered and listed as active with the State of Florida's Department of State, Division of Corporations. If respondent is doing business using a fictitious name (d.b.a.), Respondent's fictitious name must also be registered with the Division of Corporations. (b). Respondent must be fully registered and active within the State of Florida's MyFloridaMarketPlace Vendor Information Portal. To be considered fully active, all sections within the registration must be completed and the terms of use accepted. • Must current with fees due to the State of Florida via MyFloridaMarketPlace. (c). The Respondent must not be listed on the State of Florida's Department of Management Services, Division of State Purchasing Convicted, Suspended, or Discriminatory Vendor lists at the time of bid closing. (d).It is the Respondent's responsibility to ensure all resolved Complaints to Vendor are no longer listed on the Vendor Complaint List at the time of bid closing. Unresolved Complaints to Vendor may result in the Respondent being ineligible for award. (e). The Respondent must be a Private Label Distributor or a single authorized agent responding on behalf of a Private Label Distributor. • Agent authorization must be documented in the form of a letter from the private label distributor, on company letterhead, signed by a duly authorized executive and dated no more than 30 days before the RFP response date. The letter must be submitted with the RFP response via the MyFloridaMarketPlace e-sourcing tool. (e). The Respondent must be fully capable of Electronic Invoicing (for purchases) through MyFloridaMarketPlace. See the MyFloridaMarketPlace Electronic Invoicing Requirements document for details. Respondents not meeting the minimum qualifications may be deemed non-responsive and may not be considered for further evaluation, or subsequent contract award. 1.3. Event Timeline Respondents should review and become familiar with the Event Timeline. The dates and times of each activity within the Timeline may be subject to change. It is the responsibility of the Respondent to check for any changes. All changes to the Timeline will be made through an addendum to this solicitation and posted within the Vendor Bid System (VBS) and MyFloridaMarketPlace sourcing tool. 1.3.1. Pre-bid Conference A non-mandatory pre-bid conference will be held on the date and time listed in the time line below. Any questions related to specifications or requirements of the solicitation shall be addressed through the question and answer process within the MyFloridaMarketPlace Sourcing Tool (per Section 2.5). RFP 20-600-000-Q 11 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Solicitation posted in Vendor Bid System (VBS) and MyFloridaMarketPlace Sourcing Tool. Solicitation will be in "preview" status at this time. Documents can be viewed, downloaded, and questions posted. Responses cannot be submitted . the . Vendor Pre-bid Conference -Non mandatory 4050 Esplanade Way, Suite 101 FL 32399 MyFloridaMarketP1ace (MFMP) Sourcing Tool Training -see Section 3.5 for Board Answers to submitted questions posted in Vendor Bid System (VBS) and MyFloridaMarketPlace Sourcing Tool. Deadline to submit RFP response via the MFMP Sourcing Tool. Responses are due no later than 2:00 ET. 8-April-2010 5:00 p.m. E.T. 14-April-20 10 1 :30 p.m.-3:30 p.m. E.T. 16-April-2010 1 :00 .m.-2:00 . E.T. 19-April-2010 2:00 E.T. 27-April-2010 7-May-2010 24-May-2010 The MyFloridaMarketPlace (MFMP) Sourcing Tool's time remaining clock is intended only to approximate the solicitation closing and may require periodic adjustments. IT IS STRONGLY RECOMMENDED THAT RESPONDENTS SUBMIT BIDS AS EARLY AS POSSIBLE. TIME SHOULD BE ALLOWED TO RECEIVE ANY REQUESTED ASSISTANCE AND VERIFICATION OF YOUR SUBMITTAL. WAITING UNTIL THE LAST HOURS OF THE SOLICITATION COULD IMPACT THE BID SUBMITTAL. 1.4. Lobbying During the Procurement Process The Service Provider or Respondent shall not lobby the legislative, judicial or executive branches or any State Agency on any aspect of this Solicitation during the procurement process (i.e. from time contract is advertised to execution of a contract) associated with the Contract. Violation of this restriction can be cause for disqualification from the procurement process. THIS SPACE INTENTIONALLY LEFT BLANK RFP 20-600-000-Q 12 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services SECTION 2 STA TE OF FLORIDA PUR 1001 GENERAL INSTRUCTIONS TO RESPONDENTS CONTENTS 2.1. DEFINITIONS. 2.2. GENERAL INSTRUCTIONS. 2.3. ELECTRONIC SUBMISSION OF RESPONSES. 2.4. TERMS AND CONDITIONS. 2.5. QUESTIONS. 2.6. CONFLICT OF INTEREST. 2.7. CONVICTED VENDORS. 2.8. DISCRIMINATORY VENDORS. 2.9. RESPONDENT'S REPRESENTATION AND AUTHORIZATION. 2.10. MANUFACTURER'S NAME AND APPROVED EQUIVALENTS. 2.11. PERFORMANCE QUALIFICATIONS. 2.12. PUBLIC OPENING. 2.13. ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD. 2.14. FIRM RESPONSE. 2.15. CLARIFICATIONS/REVISIONS. 2.16. MINOR IRREGULARITIES/RIGHT TO REJECT. 2.17. CONTRACT FORMATION. 2.18. CONTRACT OVERLAP. 2.19. PUBLIC RECORDS. 2.20. PROTESTS. 2.21. LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD 2.1. Definitions. The definitions found in s. 60A-1.00I, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Buyer" means the entity that has released the solicitation. The "Buyer" may also be the "Customer" as defined in the PUR 1000 if that entity meets the definition of both terms. (b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials. (c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. (d) "Response" means the material submitted by the respondent in answering the solicitation. (e) "Time line" means the list of critical dates and actions included in the Introductory Materials. 2.2. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. • • RFP 20-600-000-Q 13 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 2.3. Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes: • an electronic signature on the response, generally, • an electronic signature on any form or section specifically calling for a signature, and • an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 2.4. Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: • Technical Specifications, • Special Conditions and Instructions, • Instructions to Respondents (PUR 1001), • General Conditions (PUR 1000), and • Introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent's response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. 2.5. Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. 2.6. Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates. RFP 20-600-000-Q 14 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 2.7. Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: • submitting a bid on a contract to provide any goods or services to a public entity; • submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; • submitting bids on leases of real property to a public entity; • being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and • transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 2.8. Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: • submit a bid on a contract to provide any goods or services to a public entity; • submit a bid on a contract with a public entity for the construction or repair of a public building or public work; • submit bids on leases of real property to a public entity; • be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or • transact business with any public entity. 2.9. Respondent's Representation and Authorization. In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so). • The respondent is not currently under suspension or debarment by the State or any other governmental authority. • To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. • Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. • The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. • The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening. • The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal RFP 20-600-000-0 15 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. • Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. • The product offered by the respondent will conform to the specifications without exception. • The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. • If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with the State. • The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response. • The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent's preparation of its bid. • All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 2.10. Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Buyer's prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a product is acceptable as an equivalent. 2.11. Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Respondent meet the RFP 20-600-000-0 16 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. In determining Respondent's responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Respondent's capability to fully satisfy the requirements of the solicitation and the contract. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements. 2.12. Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.071 (1 )(b), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TDD). 2.13. Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at http://fcn.state.fl.us/owa vbs/owa/vbs www.mainmenu.Ifthenoticeofawardisdelayed.in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 2.14. Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 2.15. Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. RFP 20-600-000-Q 17 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 2.16. Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State's best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents. 2.17. Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. 2.18. Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. 2.19. Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that its response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption. 2.20. Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." 2.21. Limitation on Vendor Contact with Agency During Solicitation Period. Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the RFP 20-600-000-Q 18 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. THIS SPACE INTENTIONALLY LEFT BLANK RFP 20-600-000-0 19 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services SECTION 3 SPECIAL INSTRUCTIONS TO RESPONDENTS NOTE: SECTIONS 2 AND 3 ARE SPECIFIC TO THE SOLICITATION RESPONSE REQUIREMENTS. SECTION 3 (SPECIAL INSTRUCTIONS TO RESPONDENTS) SUPPLEMENTS GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001) CONTAINED IN SECTION 2. IN CASES OF CONFLICT BETWEEN SECTION 2 AND SECTION 3, SECTION 3 WILL SUPERSEDE. 3.1. Contact Person The Procurement Official at the State of Florida, Department of Management Services, Division of State Purchasing is listed below. All inquiries and questions must be directed to this person, unless otherwise identified in this RFP or changed by addendum to this RFP. Direct oral communication with Department officers and employees, other than the designated contact below, concerning this RFP is prohibited. Respondents should only rely on written statements issued by the listed procurement official. All questions regarding this RFP MUST be submitted via the MyFloridaMarketPlace Sourcing Tool during the question and answer (Q&A) period as shown in the event timeline (Section 1.3) The contact for this solicitation is: Michelle Mac Vicar, Purchasing Specialist, FCCM, FCCN Department of Management Services, Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 E-mail: Michelle.MacVicar@dms.myflorida.com For assistance with issues related to MyFloridaMarketPlace (MFMP) Sourcing or the Vendor Information Portal (registration/commodity codeslemail notification), please call the MFMP Customer Service Desk at 1-866-352-3776 or e-mail VendorHelp@myfloridamarketplace.com 3.2. Definitions The definitions found in Rule 60A-1.00l, F.A.C. shall apply to this solicitation and the subsequent contract. In addition, the following terms are also defined and are applicable for the entire document: (a). "Accessory" means any item that may be added to the base marking engine. (b). "Agency" means any of the various state officers, departments, boards, commISSIons, divisions, bureaus, and councils and any other unit of organization, however designated, of the executive branch of state government. "Agency" does not include the university and college boards of trustees or the state universities and colleges. (Section 287.0120), F.S.) (c). "Best value" means the highest overall value to the state based on objective factors that include, but are not limited to, price, quality, design, and workmanship. (Section 287.012(4), F.S.) RFP 20-600-000-0 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 20 (d). "B& W" means Black & White. (e). "Customer" means any Agency or Eligible User placing an order through a contract resulting from this solicitation. (t). "Department" means the Department of Management Services. (Section 287.012(10), F .S.) (g). "Eligible Users" is defined in Rule 60A-1.005, F.A.C. The following entities are eligible users: • All governmental agencies, as defined in Section 163.3164, F .S., which have a physical presence within the State of Florida; • Any independent, non-profit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools. (h). "Hybrid MFP" -MFP device that combines high-speed four (4) color output with a traditional workgroup or departmental B&W copier/printer. In order for a device to be considered a Hybrid Device, it shall have a rated color production speed within 66% of the rated B& W production speed. (i). "May" indicates something that is not mandatory but permissive. 0). "MFMP" means MyFloridaMarketPlace. (k). "Multifunction Product (MFP)" means a device that can print, fax, copy and scan paper documents. MFPs may also be programmed by the user, technology provider, or a third party to integrate with office or enterprise-wide applications, perform custom functions, perform usage tracking, and other administrative functions to help the user manage their office printer/MFP fleet. (I). "Must/Shall/Will" indicates a mandatory requirement. *NOTE: It is highly recommended that respondents highlight all instances of must, shall, and will in order to ensure the proposal is responsive prior to submission. (m). "New Equipment" ("equipment") refers to units which are currently manufactured, have not been previously used, and consist of all new parts. New equipment has not been leased or used as a test/trial unit. (n). "Pricing" means the pricing spreadsheets that shall be submitted by the Respondent in the MFMP Sourcing Tool (see definition below) along with the original proposal submission. These spreadsheets shall contain all of the Suggested Retail Price (SRP) prices for EACH ITEM WITHIN A CATEGORY proposed by the Respondent; along with a discount percent (%) that will apply to items (product or service) within that proposed configuration and show a final "State of Florida Price" per item. (0). "Private Label Distributor" means the vendor who may not be the equipment manufacturer but whose name appears on the equipment. (p). "Proprietary Information" Any trade secret or confidential business information that is contained in a bid or proposal or included in a particular contract. (q). "Respondent" Organization/individual submitting a proposal in response to this bid. May also be referred to as "Vendor" or "Contractor" throughout this document. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 21 (r). "Responsible vendor" means a vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. (Section 287.012(24), F.S.) (s). "Responsive bid," "responsive proposal," or "responsive reply" means a bid, or proposal, or reply submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation. (Section 287.012(25), F.S.) (t). "Responsive vendor" means a vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation. (Section 287.012(26), F.S.) (u). "Successful Vendor" means the company that is awarded and has an executed contract with the State of Florida for the goods and services identified in this solicitation document. May also be referred to as "Contractor", "Prime Vendor", or "Awarded Vendor" within this document. (v). "Suggested Retail Price" (SRP) means the most recently published undiscounted price. (w). "Vendor" Organization/individual submitting a proposal in response to this bid. May also be referred to as "Respondent" throughout this document 3.3. Order of Precedence Potential Respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. In the event any conflict exists between the Special and General Instructions, those instructions specified in the Special Instructions to Respondents shall prevail. After successful evaluations, Contractor(s) shall sign a Contract form incorporating the solicitation materials and any service agreements. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: • Addenda to the RFP • Section 1.0 Introduction • Section 6.0, Technical Specifications • Section 5.0, Special Contract Conditions, • Section 4.0, General Contract Conditions (PUR 1000) • Section 3.0, Special Instructions to Respondents • Section 2.0, General Instructions to Respondents (PUR 1001) • Respondent's Proposal • Forms and Price Sheets Note: The order of precedence above supersedes the order of precedence listed in Section 2.4. The order of precedence above applies ONL Y to responses submitted. 3.4. Response Submittal Respondents shall submit their proposals and all required forms electronically via the Sourcing Tool. Respondents have the ability to upload several versions of their response in the Sourcing tool; however, the last submitted response will be the version accepted and evaluated. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 22 Respondents may respond to multiple categories or sub-categories. The Department seeks each respondent's single-best response for EACH CATEGORY (and sub-category) proposed. 3.5. Sourcing Tool Training This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool ("Sourcing Tool"). An optional conference call training session on how to use the Sourcing Tool for this RFP is scheduled on the date indicated on the Event Timeline (Section 1.3). The Conference Call number is (888) 808-6959. The conference code for this session is 4881086. Please go to the MFMP Vendor Training Solicitation Help page and Click on the RFP Event User Guide link. This link will open as a PowerPoint presentation. Please have this presentation open on your desktop while participating on the call. To participate in the conference call, please call in to the number provided approximately 1 minute before the scheduled time. For all technical questions about the Sourcing Tool, vendors should contact the MyFloridaMarketPlace Customer Service Desk at (866) 352-3776 or vendorhelp@myfloridamarketplace.com. 3.6. Sourcing Tool Tips When working in the Sourcing Tool, there is a thirty (30) minute time-out function (with a two (2) minute warning in the tool. This means that you should save your work (click the SAVE button) at intervals ofless than twenty minutes to ensure your entries (since last saved) are not lost. Please note that clicking the SAVE button within the Sourcing Tool only saves your bid responses. The SAVE button does not transmit your bid response to the State. In order to transmit your bid response to the State, you must click the SUBMIT button on the SUMMARY page of the bid response. After clicking the SUBMIT button, it is the respondents responsibility to check the submitted bid response within the Sourcing Tool to verify that the response is accurately and completely captured within the Sourcing Tool. This must be done while there is time remaining in the response period in case an error is discovered and a revised bid response needs to be resubmitted. To validate the bid response, please do the following before the bidding period ends: (a). Go to the "My Bids / My Responses" tab within Sourcing Tool after submitting the bid response (b). Click on the Bid ID number of the last submitted bid response (c). Review all entries to ensure the response is complete, accurate and as intended to be submitted. Minimum areas to check are: • Text boxes -Is the entire answer viewable? • Yes/No questions -Is the displayed answer correct? • • RFP 20-600-000-Q 23 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services • All uploaded document files / scanned documents -Can the attached document be opened and the entire content clearly viewed? • Pricing Information -Is pricing submitted visible and accurately captured within the Sourcing Tool? IT IS STRONGLY RECOMMENDED THAT BIDS BE SUBMITTED AS EARL Y AS POSSIBLE. PLEASE ALLOW TIME TO RECEIVE ANY REQUESTED ASSISTANCE AND VERIFICATION OF SUBMITTAL; WAITING UNTIL THE LAST HOURS OF THE SOLICITATION IS NOT RECOMMENDED AND COULD IMPACT THE TIMELY SUBMITTAL OF THE BID. DO NOT RELY ON THE "MYFLORIDAMARKETPLACE" SOURCING TOOL'S TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN THE EVENT TIME LINE (SECTION 1.3) OF THIS RFP. 3.7. Addenda to the RFP The Department may post addenda to this RFP. Any addenda posted will be within MyFloridaMarketPlace (MFMP) and the Vendor Bid System (VBS). Such notices will contain clarifications to details of the RFP and/or responses to questions submitted during the preview period. Each respondent is responsible for monitoring these sites for information concerning this solicitation. 3.8. Initial Determination of Responsiveness The Department shall evaluate eligible ("responsible and responsive") responses. Responses that do not meet the minimum requirements of this solicitation; or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose responses, past performance, or current status with the State do not reflect the capability, integrity or reliability to fully, and in good faith, perform the requirements of the Contract, may be rejected as non-responsible. Respondents who at the time of bid closing have an open and unresolved complaint to vendor posted on the Department's complaint to vendor web ~ may be deemed non-responsive. The Department reserves the right to determine which responses meet the requirements of this solicitation, and which Respondents are responsive and responsible. This paragraph is in addition to, and shall not be construed to limit or override, any right or remedy available to the Department in, Section 2, PUR 1001, or Section 4, PUR 1000. Failure to comply with and acknowledge each of the RFP requirements may result in the response being deemed non-responsive and therefore not receive further consideration in this RFP process. 3.9. Firm Response The Department may make an award within one-hundred and eighty (180) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If RFP 20-600-000-0 24 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services award is not made within one-hundred and eighty (180) days, the response shall remain firm until either the Department awards the contract or the Department receives from the Respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected. 3.10. Electronic Posting of Award Offers shall be accessed on the date and time indicated in the Event Timeline (Section 1.3) and thereafter evaluated. After evaluating the responses, the Department shall electronically post a Notice ofIntent to Award on the Vendor Bid System (VBS). Any person who is adversely affected by the decision shall file with the Department a notice of protest within 72 hours after the electronic posting (see Section 2.20 of the General Instructions (PUR 1001) for more information on protests). The Department shall not reply to, or provide rankings or notices of award by telephone, email, or fax. 3.11. Responses (a). Respondents must provide service and supply programs and pncmg for each piece of equipment and accessory proposed. Pricing shall be provided within the price sheets corresponding to each equipment category. (b). Respondents must submit all required forms and answer all required questions. (c). Respondents must quote lease rates for base equipment and accessories for all products eligible for lease (per Section 1.1). (d). Respondents must submit their response in a timely manner. Late responses shall not be accepted. 3.11.1. Equipment Minimums • All equipment proposed must be new and currently in production. • Equipment submitted must have published specifications on the Buyers Laboratory Inc. (BLI) web site or Respondent must identify where specifications can be found. o Items that are unable to be verified may disqualify the Respondent's submission for the unverifiable segment • Each Respondent may submit all available models per segment within this RFP. • All submitted models shall have the same minimum discount percentage per segment. Vendors may provide different discounts for the base machine and each accessory grouping. Respondents are cautioned to select the best equipment within their product offering in terms of cost, technological capabilities and service that meets or exceeds the requirements within this RFP. RFP 20-600-000-0 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 25 o If selected as a Contract awardee, the Successful Vendors will have the ability to add additional equipment within awarded groups, which also meet or exceed the requirements at the same or better discount from SRP for that particular segment. • For Energy Star® compliant equipment proposed, proof of the proposed equipment's Energy Star® rating certification must be submitted. Responses containing Energy Star® equipment proposed will be awarded extra points. • MFDs controls shall identify the ability to comply with all applicable policies, to ensure the protection of data, such as but not limited to: o Ability to password protect the device with a complex password o Connection filtering with access restrictions o Ability to have a separate connections for fax and network communication o Confidential print jobs, including incoming fax holding with authentication o Security logs o Hard disk encryption o Electronic shredding and or hard disk sanitation -manual, automatic or scheduled o Encrypt remote administration traffic o Ability to apply port access controls o Ability to disable USB ports o MFD that processes or stores data shall have the ability to comply with internal policies such as those related to computer operating systems, configuration management and patch management. For example, if an MFD has an underlying MS Windows™ based operating system, the MFD must comply with Windows™ policies and receive regular (hardware and software) maintenance. o Ability to secure email transmissions from an MFD to comply with existing email policies and practices, to include by not limited to: • Limit outbound MFD email transactions of sending a scanned document to a single email address, specifically prohibiting large group distribution. • Prohibit broadcast emails 3.11.2. Paper Specifications • All proposed equipment shall be compatible with using recycled paper, up to and including 100% Post Consumer Waste (PCW) paper. Service personnel may not RFP 20-600-000-0 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 26 fault the use of recycled paper for equipment failures, as long as the recycled paper in use meets the standard paper specifications (e.g., multi-purpose, copy, or laser paper). Additionally, all proposed equipment shall be guaranteed by the manufacturer to accomplish 100% duplexing with 30% PCW paper. • Respondents shall guarantee all equipment proposed is capable of printing on 100% PCW recycled content paper and will provide 100% duplexing with 30% PWC, without maintenance problems. 3.11.3. Pricing Pricing for this RFP and any subsequent contract must be expressed as a discount from Suggested Retail Price (SRP). SRP must be verifiable within the Buyers Laboratory Inc (BU) website or better than the price published in BU. Discount rates proposed will be considered the minimally available discount. 3.11.3.1. Pricing, Format • Pricing for all equipment, accessories, software, and value-added services must be quoted as requested in the pricing spreadsheets, including all Excel tabs. Pricing Spreadsheet electronic submissions must be in Excel format. • Lease factors shall be submitted rounded to five (5) decimal points. 3.11.3.2. Pricing, Service and Supplies • Supplies pricing shall include all parts, supplies and consumables excluding paper and staples. • Any supplies shown on the Service & Supplies spreadsheet whose costs are included in the Service plan should be labeled "INCLUDED" on the pricing spreadsheets. Included supplies shall be furnished at no additional cost to the State for the entire term of the contract. Supplies required on a regular basis may not be included in the purchase price. • Service pricing must include technician installed parts excluding paper, staples and toner. • There shall be no charge for service impressions. • Optional support service options shall be clearly identified and pricing listed shall be on a per month rate. • Respondents, or their designated authorized dealers, must perform all preventative maintenance services at the manufacturer's suggested intervals, if applicable. • There shall be no charge for scans which do not produce a physical document. • There may not be more than one cost per impression for color impressions, regardless of the number of colors (i.e. a higher charge for 4 colors than for 3 colors). RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 27 • Pricing must include setup, delivery of equipment, software, installation of equipment/accessories/software, network installation, removal of all waste material, initial training costs, and removal cost (of the equipment placed under any subsequent agreement). 3.12. Evaluation o Network installation shall include: configuration of the equipment for the proper network protocols; and installation of the appropriate print drivers. Respondents will be evaluated solely for those categories/segments for which a proposal has been submitted. Awards will be made to the top scoring respondents for each segment. Total Pricing will be evaluated to determine comparable status to similarly situated States (CA, NY, and TX). 3.12.1 Pricing The State of Florida is one of the four (4) largest State Governments. Florida's position compares to that of California, New York and Texas. As such, the State fully expects Respondent's pricing submitted be equal to, or better than, similarly situated clients and/or large enterprise customers. • MFP and Printer Pricing Evaluation Pricing evaluation shall be made based on lowest State of Florida purchase price, lowest cost per copy/print, and lowest lease rates proposed; however, discount percentage proposed must be the same or better throughout the life of the contract. Lowest price for Base, accessories, and CPC/overages (and lease factors if applicable) shall receive the maximum number of points available per segment. Lease factors may also be submitted for the addition of accessories after initial equipment installation via Attachment 2.9: CoTerm Lease Rates. CoTerm lease rate, if provided, will receive points. If CoTerm lease rates are not provided, no points will be given. Each machine segment will be evaluated to determine the lowest purchase price, lowest cost per copy/print (maintenance overages included), and lowest lease rates proposed. • Sheet Fed Scanner Pricing Evaluation Pricing will be evaluated on the basis of lowest State of Florida purchase price for the purchase of the base machine configuration and percentage off accessories. • Facsimile Pricing Evaluation Pricing will be evaluated on the basis of lowest State of Florida purchase price for the base machine configuration and accessories. RFP 20-600-000-0 28 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services If, in the process of the State's evaluation and due diligence, it is determined that the pricing proposed by the Respondent is not comparable (or better) to these similarly situated clients, the Respondent's submission may be rejected. 3.12.2. Technical Technical evaluators will independently evaluate proposed equipment for technical responsiveness. Non-responsive proposals shall not be considered for award. 3.12.3 Service Level Agreement (SLA) The SLA (Attachment 4) must be signed and submitted via the Sourcing Tool as part of the Vendor's RFP response. Failure to agree to the SLA will result in the respondent being deemed non-responsive. 3.12.4 Financial Status The Department will evaluate the Respondent's financial status using the Respondent's Dun &Bradstreet (D&B) Supplier Qualifier Report (SQR). 3.12.5 Value-added Services Value-added services are not a required component of the bid response. The State welcomes the proposal of services which will provide increased opportunities for cost savings and within the scope of this RFP. 3.13. Financial Status The Department will assign evaluation points on the Respondent's financial viability to perform the services outlined in this RFP. The Department requires submission of the Respondent's SQR prepared by D&B. The Supplier Qualifier Report is a standard report detailing financial and operational capability. It is highly recommended that prospective Respondents be familiar with their SQR rating prior to responding to this RFP. The prospective Contractor shall request the SQR report from D&B at: https://sor.dnb.com/sor/jsp/forms/SOF.jsp?SORTAG 1 =J03 7hS4r&SORTAG2=j58Gjk4x • Enter the RFP number in the text field entitled "Enter your RFP Number" and select submit. • Enter your company's Duns Number. If you don't know your company's Duns number, you may use the search feature to find it. • Confirm Registration • Enter payment method and information and complete registration. The cost of the preparation of the D&B report shall be the responsibility of the Respondent. The SQR report shall be a part of the Respondent's submitted response. It is the duty of the Respondent to ensure the timely submission of a D&B SQR report via the Sourcing Tool that accurately reflects the proposing entities SQR score. Ifthe Department cannot determine on the RFP 20-600-000-0 29 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services face of the documents that the SQR report is that of the proposing entity, the Department may award zero (0) points. Respondents are advised to allow sufficient time before the proposal due date for the D&B processing. Respondents should allow a minimum of 10 business days for D&B to process. If the Respondent does not receive a SQR from D&B prior to the opening date of the solicitation, as stated in the Event Timeline (Section 1.3), the Respondent shall be required to provide proof the SQR was requested by the Respondent after the posting date of the solicitation and submit said proof to the procurement manager upon request for clarification. 2 7 3 6 4 5 5 4 6 3 7 2 8 1 If the Respondent does not provide a D&B SQR report, or if one cannot be generated by D&B, the submission will receive a score of zero (0) (Highest Risk Rating) for financial status. The Department may request financial information from Respondents that are unable to provide a D&B SQR report. These may include (but not be limited to): P/L Statements, Balance Statements, and other corporate financial reports. 3.14. Service Level Agreement Awarded Vendors must maintain a Service Level Agreement (SLA) with the Department. The SLA includes penalties for failure to perform. Awarded Vendors must provide quarterly Service Level compliance reports to the State Term Contract Administrator. 3.15. Ranking and Selection Process The Department shall evaluate and rank responsive proposals against all evaluation criteria set forth in the solicitation. The Department reserves the right to reject any and all replies, if the Department determines such action is in the best interest of the State. RFP 20-600-000-Q 30 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Vendors whose responses have been determined to be responsive shall be evaluated and awarded points using the following criteria: Criteria Maximum Points Responses to Vendor Questions Value Added Energy Star Certified Related Software References Financial Status Total Available 18 points 5 points 5 points 4 points 5 points 8 point~ 40 points Points listed above may be awarded to each vendor and any points awarded shall be added to the total points below. The maximum points available for responding to each segment are as follows: Pricing Technical RFP 20-600-000-Q 3 1 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Maximum Points for Categories 1, 2, and 3 are: Lowest Base 20 points Pricing % offSRP-20 points Accessories 24 months lease 20 points factor 36 months lease 20points factor 48 months lease 20 points factor Co-Term 5 points Lowest cost per 20 points copy Blackand White Lowest cost per 20 points copy Color Maximum Points for Categories 4 and 5 are: Lowest Base Price 20 points %offSRP-20 points Accessories Points awarded will be averaged by number of segments within each category for which a response was submitted. Vendors will be awarded by segments per category. Categories will be evaluated independently of each other. Technical evaluation of all equipment proposed will be scored on a pass/fail basis. All equipment proposed must pass the technical requirements in order to be considered for award. Please see technical requirements listed in Section 6 ofthe RFP as well as responses to questions submitted to the Q&A board. 3.16. Quality All products, equipment, merchandise, and miscellaneous material bid shall comply with applicable requirements and standards of the Occupational Safety and Health Act (OSHA) and applicable State of Florida codes. Respondent shall warrant that all equipment, materials and workmanship furnished, whether by Contractor or its authorized dealers, complies with product specifications, drawings and other descriptions, supplied or adopted, and will be new, fit and suitable for the intended purpose, of good materials, design, workmanship, and free from defects or failure. 3.17. Technical Documentation RFP 20-600-000-0 32 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Technical documentation, including printed technical literature, may be requested from any Respondent, at any time, before or after contract award. Failure to supply this technical documentation when requested may result in rejection of your response or termination of contract. 3.1S. Documentation Becomes the Property of the State All documentation produced as part ofthis solicitation shall become the exclusive property of the State. Documentation may not be removed by the Respondent or its agents and will not be returned to the Respondent. Selection or rejection of a reply shall not affect this right. 3.19. Contact Information and Ordering Instructions Ordering Instructions (Attachment 9) shall be submitted as part of the Vendor's RFP response. This form shall identify the designated employee responsible for administration of the resultant Contract, if awarded. Contact information for the direct supervisor of the designated employee shall also be required. The designated employee shall be responsible for answering questions about equipment, pricing, ordering procedures, as well as submitting product and pricing updates. 3.20. Sales, Service, Parts and Repair Facilities The ability of the Contactor to meet the minimum service parts and repair requirements outlined herein is of paramount importance in obtaining the award of this contract. Awarded vendors shall maintain sales and service dealer facilities throughout the entire State of Florida. A warded vendors may also choose to sell products through an authorized dealer. Respondents are required to submit a complete list of authorized dealers and service locations, with their RFP response, as additional pages to the Contact and Ordering Instructions form. Failure to comply with this requirement may result in disqualification of the bid. List of participating re-sellers and service facilities shall include the following information: • Dealer Name • Dealer Address • City, State, Zip Code • Office Phone/Fax • Email Address • Contact Person • Contractor Tax ID Number • Number of employees employed at location, broken down by sales, service and other • Area of state location covers (counties) The Department reserves the right to consider the availability of re-seller and service facilities in the award of this solicitation. Each service facility shall maintain a sufficient number of qualified technicians and a normal supply of parts to provide all required service, and ensure minimal equipment downtime. Failure to comply with this requirement will result in termination of contract. RFP 20-600-000-Q 33 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Contractor's dealers/service representatives must be approved by the STC administrator prior to conducting business via the STC. Reseller/dealer information shall be submitted using the Authorized Dealer Form (Attachment 10) of the bid documents. Minimum qualifications for dealers and service location inclusion are: • Must be registered and listed as active with the State of Florida's Department of State, Division of Corporations. If doing business using a fictitious name (d.b.a.), the fictitious name must also be registered with the Division of Corporations. • Must be fully registered and active within the State of Florida's MyFloridaMarketPlace Vendor Information Portal. To be considered fully active, all sections within the registration must be completed and the terms of use accepted. o Must not have outstanding fees due to the State of Florida within MyFloridaMarketPlace • Must not be listed on the State of Florida's Department of Management Services, Division of State Purchasing Convicted, Suspended, or Discriminatory Vendor lists. The State of Florida is not a party to the contractual relationship between the Contractor and their dealers/service representatives. Contractor is responsible for the performance of their designated authorized dealers/service representatives. 3.21. Special Accommodation Any person requiring a special accommodation at State Purchasing because of a disability should call State Purchasing at (850) 488-8440 at least two (2) workdays prior to the bid opening. If you are hearing or speech impaired, please contact State Purchasing by using the Florida Relay Service at (800) 955-8771 (TOO). 3.22. State Objectives Within thirty (30) calendar days following award of the Contract, the successful Respondent shall submit plans addressing each of the State's five (5) objectives listed below, to the extent applicable to the items / services covered by this solicitation. 3.22.1 Diversity. The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-and women-owned business enterprises in the economic life of the state. The State of Florida Mentor Protege Program connects minority-and women-owned businesses with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protege Program, please contact the Office of Supplier Diversity at (850) 487-0915. The State is dedicated to fostering the continued development and economic growth of small, minority, and women-owned businesses. Participation by a diverse group of Vendors doing business with the State is central to this effort. To this end, it is vital that small, minority, and women-owned business enterprises participate in the State's RFP 20-600-000-Q 34 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services procurement process as both Contractors and sub-contractors in this solicitation. Small, minority, and women-owned businesses are strongly encouraged to contribute to this solicitation. The Contractor shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority, and women-owned businesses. Information on Certified Minority Business Enterprises (CMBE) is available from the Office of Supplier Diversity at: http://dms.myflorida.com/osd. Quarterly Reports of revenue paid to W IMBE contractors (agents or subcontractors) as a result of any award shall be provided to DMS Purchasing by the Prime Contractor on an Agency by Agency or other Eligible User level (Section 5.4.). 3.22.2. Environmental Considerations. Florida Governor Charlie Crist signed Executive Order 07-126, titled "Establishing Climate Change Leadership by Example: Immediate Actions to Reduce Greenhouse Gas Emissions from Florida State Government"; Executive Order 07-127, "Immediate Actions to Reduce Greenhouse Gas Emissions within Florida"; and Executive Order 07- 128, "Florida Governor's Action Team on Energy and Climate Change." The State supports and encourages initiatives to protect and preserve our environment. The Prime Contractor shall submit as part of any response the Prime Contractor's plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, F.S .. The Prime Contractor shall also provide a plan for reducing and or handling of any hazardous waste generated by Prime Contractor's company. Reference Rule 62-730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of Prime Contractor's explanation of its company's hazardous waste plan and shall explain in detail its handling and disposal ofthis waste. Prime Contractor shall utilize equipment that is Energy Star or EPEA T Bronze (or higher) compliant wherever possible. Prime Contractor shall list all equipment that meets these criteria. Describe what efforts your company (as Contractor) will take to encourage the participation and support of these and other environmental programs. 3.22.3. Certification of Drug-Free Workplace Program. The State supports and encourages initiatives to keep the workplaces of Florida's Suppliers and Prime Contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie responses are received, preference shall be given to a response received from a Respondent that certifies it has implemented a drug-free RFP 20-600-000-0 35 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services workforce program. If applicable, Respondent shall certify that the Respondent has a drug-free workplace program using the "Certification of Drug-Free Workplace" as provided in Sourcing Tool for this solicitation. The Prime Contractor shall describe how it will address the implementation of a drug free workplace in offering the items of the solicitation. Certification shall be submitted (in the Sourcing Tool) using Attachment 12. 3.22.4. Products Available from the Blind or Other Handicapped (RESPECT). The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. The Respondent shall describe how it will address the use of RESPECT in offering the items ofthe solicitation. 3.22.5. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, F .S., in the same manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. The Prime Contractor shall describe how it will address the use of PRIDE in offering the items of the solicitation. THIS SPACE INTENTIONALLY LEFT BLANK RFP 20-600-000-Q 36 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services SECTION 4 STA TE OF FLORIDA PUR 1000 GENERAL CONTRACT CONDITIONS Contents 4.1. Definitions. 4.2. Purchase Orders. 4.3. Product Version. 4.4. Price Changes Applicable only to Term Contracts. 4.5. Additional Quantities. 4.6. Packaging. 4.7. Inspection at Contractor's Site. 4.8. Safety Standards. 4.9. Americans with Disabilities Act. 4.10. Literature. 4.11. Transportation and Delivery. 4.12. Installation. 4.13. Risk of Loss. 4.14. Transaction Fee. 4.15. Invoicing and Payment. 4.16. Taxes. 4.17. Governmental Restrictions. 4.18. Lobbying and Integrity. 4.19. Indemnification. 4.20. Limitation of Liability. 4.21. Suspension of Work. 4.22. Termination for Convenience. 4.23. Termination for Cause. 4.24. Force Majeure, Notice of Delay, and No Damages for Delay. 4.25. Changes. 4.26. Renewal. 4.27. Purchase Order Duration. 4.28. Advertising. 4.29. Assignment. 4.30. Antitrust Assignment 4.31. Dispute Resolution. 4.32. Employees, Subcontractors, and Agents. 4.33. Security and Confidentiality. 4.34. Contractor Employees, Subcontractors, and Other Agents. 4.35. Insurance Requirements. 4.36. Warranty of Authority. 4.37. Warranty of Ability to Perform. RFP 20-600-000-Q 37 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 4.38. Notices. 4.39. Leases and Installment Purchases. 4.40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). 4.41. Products Available from the Blind or Other Handicapped. 4.42. Modification of Terms. 4.43. Cooperative Purchasing. 4.44. Waiver. 4.45. Annual Appropriations. 4.46. Execution in Counterparts. 4.47. Severability. 4.1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) "Customer" means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer" may also be the "Buyer" as defined in the PUR 1001 if it meets the definition of both terms. (c) "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, contract or other authorized means). 4.2. Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (1) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 4.3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer • • RFP 20-600-000-0 38 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. 4.4. Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then-authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. (d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 4.5. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. RFP 20-600-000-0 39 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 4.6. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 4.7. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 4.8. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 4.9. Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 4.10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 4.11. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 4.12. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work RFP 20-600-000-Q 40 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion ofthe installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 4.13. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non- conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 4.14. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 6OA-1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A- 1.031 (2), F .A.c. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements ofthe agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C. 4.15. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that RFP 20-600-000-Q 41 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Contractor supply electronic invoices in lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms -EDI 810, cXML, or web- based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 4.16. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract conditions section of the solicitation or in the Contract or purchase order. 4.17. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 4.18. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS.The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (l) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (l) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.f1.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of • • RFP 20-600-000-Q 42 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 4.19. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 4.20. Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and RFP 20-600-000-0 43 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 4.21. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (I) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 4.22. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 4.23. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A- 1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 4.24. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 44 due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 4.25. Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 4.26. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term ofthe contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 4.27. Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and conditions. Purchase orders received by the contractor after close of business on the last day of the state term or agency contract's term shall be considered void. RFP 20-600-000-0 45 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single delivery/performance, and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state term or agency contract. For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur both in excess of30 days ARO and after expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal. 4.28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 4.29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. RFP 20-600-000-0 46 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 4.30. Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 4.31. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 4.32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract .. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 4.33. Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the RFP 20-600-000-Q 47 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 4.34. Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 4.35. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 4.36. Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 4.37. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 4.38. Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 4.39. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment-purchase agreement in excess of the Category Two amount established by section 287.017 ofthe Florida Statutes. 4.40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F .S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section RFP 20-600-000-0 48 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at J:!.!ill://www.pridefi.com. 4.41. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectoffiorida.org. 4.42. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance ofthe proposed modification to terms and conditions. 4.43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 4.44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 4 • RFP 20-600-000-Q 49 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 4.45. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 4.46. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4.47. Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. THIS SPACE INTENTIONALLY LEFT BLANK RFP 20-600-000-Q 50 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services SECTION 5 SPECIAL CONTRACT CONDITIONS NOTE: SPECIAL CONTRACT CONDITIONS CONTAINED IN SECTION 5.0 WILL SUPERSEDE AND SUPPLEMENT GENERAL CONTRACT CONDITIONS (PUR 1000) CONTAINED IN SECTION 4.0. 5.1. Definitions The definitions found in RUle 60A-1.001, F.A.C. and other sections of this solicitation shall apply to any contract resulting from this solicitation. The following additional terms are also defined: (a). "Acceptance Date" means the date on which Lessee accepts installation of Equipment on a particular Equipment Schedule upon satisfactory completion of such acceptance tests as have been agreed to by Lessor and Lessee, which acceptance is evidenced by the execution and delivery by Lessee of a Certificate of Acceptance. (b). "Authorized Dealer" ("dealer") means an agent/reseller/dealerlsubcontractor authorized by the Manufacturer or Private Label Distributor, in writing, to provide equipment and/or services, to State Term Contract customers, under the direct supervision ofthe Manufacturer or Private Label Distributor. (c). "Business Day" shall mean a calendar day, excluding Saturdays, Sundays and all days in which banking institutions in the State of Florida are closed. (d). "CMBE" means a Certified Minority Business Enterprise as certified by the State of Florida Office of Supplier Diversity. (e). "First Time Fix" is the measurement of a successful service and technical support call. It is defined by the dealer's or manufacturer's ability to remedy the underlying issue on the first service call. This measurement shall be that no other service calls are placed for the same issue within a 90 day period oftime. (t). "Lessee" is any State of Florida Agency or Other Eligible User as defined in Section 3, which has executed a purchase against the State Term Contract to which these terms and conditions are a part. (g). "Lessor" is an awarded Contractor of the State Term Contract to which these terms and conditions apply. (h). "Line Item Catalog" means the spreadsheet located within the ARA VO Content Management Tool used when a punch-out site (see below) is not available or feasible. (i). "MFMP" means MyFloridaMarketPlace, the State's e-Procurement system. 0). "MFMP Service Provider" means the third party company operating the State's e- Procurement system, MyFloridaMarketPlace. (k). "Ordering Instructions" means the detailed information listed in the ARA VO Content Management Tool and on the State Term Contract website when a Line Item Catalog is being used to place orders. RFP 20-600-000-Q 51 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services (1). "Pricing Spreadsheet" shall set forth the quantity, model number, description, serial number and the price paid by Lessee of each leased item included therein. In addition, the spreadsheet shall state the lease term applicable to all Equipment included on the contract. Each pricing spreadsheet shall be deemed to incorporate the terms and conditions of this state term contract lease provisions. (m). "Prime Contractor" means the vendor awarded the contract. Throughout this document, the Prime Contractor may also be referred to as the Vendor and Contractor. (n). "Punch-out site" means the Contractor owned and maintained web-based electronic ordering system interfaced with the MFMP web-based electronic ordering system. (0). "Response Time" means the arrival of a trained service person at the customer's site. (p). "Service Call" is an on-site technician visit due to machine error or breakdown requiring the on-site services of an authorized service technician to remedy the error. (q). "Service Response Time" is the time required to solve a service call beginning from the time the call is logged with the Successful Vendor until either an Authorized Service Technician arrives on site or the issue is resolved through the Successful Vendor's phone support. (r). "State of Florida Contract Administrator" ("Contract Administrator") means the contact person(s) listed on the State of Florida's State Term Contract web page. 5.2. Notice to Contractor The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, ~hapter 287, F .S" and Chapter 60A, F .A.C., govern the Contract. By way of further non-exhaustive example, the Contractor shall comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of such laws shall be grounds for Contract termination. Florida Information Technology Resource Security Policies and Standards-as defined in Rule 60DD-2, F.A.C and proposed Rule 71A-l shall apply to this solicitation where necessary. 5.3. Contract Management Contractor(s) agrees to the following contract management requirements: (a). Contractor shall designate one of its employees as Contract Manager to act on its behalf with regard to management of this contract. Contractor shall provide designee's resume and a brief description of the employee's qualifications. The Contractor may not change its Contract Manager without providing the Department a replacement and shall submit written notification no less than ten (l0) days prior to change to the State of Florida contract administrator. This individual will support multiple Customers and shall respond to calls and/or emails within twenty-four (24) hours. Customer support contact information shall be provided on the Vendor Information Form. Contractor shall also provide contact information for the designated employee's supervisor. RFP 20-600-000-Q 52 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services (b). Contractor shall provide toll-free customer service phone support from 8:00 AM to 5:00 PM (for the corresponding service time zone) Monday through Friday, except for State holidays. TDD (Telecommunication Device for the Deaf) or other suitable support access must be made available during the above customer service operating hours. (c). As part of contract management, the Contractor agrees to conduct Business Review Meetings, which may be held at a date, time and location to be mutually agreed upon, with the Department. These meetings are to be held one (1) to two (2) times per calendar year, not more than six months apart, unless additional meetings are necessary due to Vendor performance and/or compliance issues. The Department encourages Contractors to identify opportunities to generate lower costs. A continuous improvement effort, consisting of various ideas to enhance business efficiencies, may be discussed at the Business Review meetings or as identified. The agenda for the Business Review meetings will include: • Contractor performance review • Contract improvement • Productivity improvement • Increasing contract usage among the Eligible Users • List and description of all service calls and timeframe for resolution (d). Contractor shall maintain at no additional cost to the State, and in a reasonably accessible location all records pertaining to its products and services provided to the Department under this Agreement for a period of five (5) years after expiration of contract. Product information shall consist of the following minimum activities: • Contractor shall maintain all MFMP registration information up-to-date and current. • Contractor shall establish, maintain (through the ARA VO Content Management Tool), and update, as product offerings are updated, a list of specific products and services to be included in a line-item catalog available through the MFMP web- based procurement system. • Contractor shall maintain current data on machines Contractor has in place with State of Florida agencies and OEUs. The data provided shall be as outlined in the Equipment Summary Report. This report shall include the customer name, machine model numbers; volume of machines sold or leased, and total dollar value. 5.4. Contract Reporting Requirements Required reports for this contract are: • Monthly fee reporting (and fee payment) via MyFloridaMarketPlace • Quarterly reports detailing contract usage submitted to the contract administrator via email as detailed below. • Other reports (as specified in Section 3) upon contract administrator's request • • RFP 20-600-000-Q 53 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 5.4.1. Monthly Fee Reporting Monthly fee reporting is required within the MyFloridaMarketPlace system and, shall include the total of all sales made to State of Florida agencies and OEUs referencing the contract number. Fee payments are due by the 15 th of the month in which the Consolidated Billing Invoice (CBI) is generated (per Section 4.14.). 5.4.2. Quarterly Fee Reporting The Contractor shall be responsible to submit contract spend reports to the Contract Manager using the (State Term Contract) STC Reporting Form provided by the contract administrator. The following data must be reported to the Department on a quarterly basis (January, April, July, and October) for the length of the contract. Report shall include: • Contractor's Name • Contractor's Contract Administrator contact information • Contractor's contact information for the individual who compiled the report • Reporting Period (State of Florida utilizes standard fiscal quarters; Ql (July -Sept), Q2 (Oct -Dec), Q3 (Jan -Mar), Q4 (Apr -Jun) • Total dollar value of purchases and leases per quarter separated by State Agency and Eligible User totals, and separated by purchase order and p-card order total dollar values. • Total quarter dollar volumes purchase order, p-card order and cumulative total. • Total spend with certified and non-certified woman/minority/service-disabled veteran owned business enterprises ("WMVBE") directly related to transactions under this contract. Reports shall include the: o period covered, o vendor name, o State of Florida minority vendor code, o Federal Employer Identification Number (FEIN) of each WMVBE utilized during the reporting period, o commodities and services provided by the WMVBE, o amount paid to each minority agent/dealer on behalf of each purchasing agency or Eligible User ordering under the terms of this contract A sample report form shall be made available on the State Term Contract web site, and will be made available on the State of Florida State Term Contract web page. Failure to provide quarterly reports within thirty (30) calendar days following the end of each quarter (October, January, April, and July) may result in the Contractor being found in default and cancellation of the contract by the Department. Submission of the quarterly sales reports are the responsibility of the Contractor without prompting or notification by the Department. The Contractor shall submit the completed quarterly reports by email to the administrator of the resulting contract. 5.5. Method of Payment/Purchasing Card Program (P-Card) The method of payment for this Contract is a Customer purchase order, check or government credit card. RFP 20-600-000-Q 54 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services The State of Florida has implemented a purchasing card ("P-Card") program, which at the time of this contract solicitation, uses the Visa platform. Vendors may receive payment from State agencies by the State's Purchasing Card in the same manner as any other credit card purchases. P-Card acceptance for purchases and leases is a mandatory requirement for this solicitation, but is not the exclusive method of payment. If the State changes its P-Card platform during the term of Contract resulting from this RFP, the Contractor shall make any necessary changes to accommodate the State's new P-Card platform within 30 days of notification of such change. 5.6. Product Availability and Restrictions Equipment available to customers shall be new equipment only. It is anticipated that as equipment offered within the solicitation response is no longer produced and is considered to be end-of-life, the Contractor will provide replacements for said equipment at the discount level corresponding to the replacement's category level. 5.7. Delivery and Installation Requirements Unit prices shall include delivery to the ordering Customer, F.O.B. destination, freight prepaid, delivery, uncrating, assembly, installation, making ready for use, removal of debris and instruction of Customer personnel. No other fees or charges will be paid by the Customer. Product shall be delivered within thirty (30) days after receipt of order. Contractor shall notify the Customer at least forty-eight (48) hours in advance of delivery so that necessary arrangements can be made. Contractor shall be responsible for any damages to building or individuals as a result of delivery and installation. If equipment ordered cannot be delivered with the 30 days, the customer must be given and order status updated, either verbally or via email, on a weekly basis. 5.8. Instructions and Maintenance Manual At the time of the delivery, the Contractor or Reseller shall be required to furnish the Customer at least one (1) instruction manual and one (1) maintenance manual for each system ordered. Bulletins, revisions, and corrections shall be provided for each system purchased, as they are issued by the manufacturer. Each instruction and maintenance manual shall contain definitions of terms, definition of equipment, equipment capabilities, technical descriptions of equipment operations, description of malfunction identifications, trouble shooting procedures and detailed schematic and use instructions. 5.9. Warranty Contractor shall fully warrant all items furnished from this solicitation against defects in materials and workmanship for a minimum period of ninety (90) days from date the equipment is accepted by the Customer. Acceptance is defined as when the product is installed, in good working order, made operational in accordance with standard specifications, and on-site training is completed. A signed and dated certificate of acceptance may be provided to the vendor by the customer. The 90 day warranty shall be on-site, parts and labor, next business day support and included in the product purchase price. The warranty shall cover material, labor and transportation charges, if any. Warranty for software includes any upgrades thereto during the warranty period. Warranties of less than ninety (90) days will not be accepted or considered and may render a Respondent non-responsive. RFP 20-600-000-0 55 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services All products must operate in accordance with the manufacturer's standard specifications and documentation. Should any defects in workmanship or materials, appear during the warranty period, the Contractor shall repair or replace such items immediately upon receipt of notice from the Customer at no additional expense. 5.10. Equipment Reliability / Non-Performance Awarded contractor is required to provide satisfactory service levels at all times. Degraded performance and/or excessive equipment down time shall not be acceptable. Excessive equipment down time is defined as two (2) or more service calls over a one (1) month period for non-routine equipment wear and tear related issues or repeated repairs to the same piece of equipment. Should a piece of equipment (a) continue to malfunction during the warranty period after repeated service calls, (b) require excessive amount of remedial maintenance, or (c) in the opinion of the Customer is not providing satisfactory performance after five (5) service calls, the Contractor, after receiving notice in writing by the Customer that such a situation exists, agrees to remove and/or replace the defective unit (Customer's choice) within five (5) business days of such notice at no cost to the Customer. If the Customer requests removal of leased equipment, contractor will cancel the lease effective immediately with no additional payments due from Customer. Replaced units shall be new and as per the original specifications or better if original unit is no longer available. Failure to comply with above requirements may result in the contract supplier being found in default and unilateral cancellation ofthe contract by the State. 5.11. Factory Service Requirements The Respondent agrees to maintain at least one factory-authorized service station and/or servicing dealer within the State of Florida to perform warranty repairs and adjustments throughout the Contract Term. Respondent must update the ordering instructions form throughout the Contract Term as needed. The Contractor shall promptly notify the Department of any changes thereto, however the Parties expressly agree that changes to the Service Representative List are not Contract Amendments and do not require a formal written agreement. This arrangement shall not relieve the Contractor of its duty to maintain at least one (1) authorized service location within the State of Florida. The Contractor may offer the State Agencies and Eligible Users "after warranty" service agreements for the maintenance and repair of goods after the initial warranty expires. The Contractor shall provide pricing for this additional service as a separate item on the pricing spreadsheets. 5.12. Security and Confidentiality Contractors, providers, and partners employed by agencies or acting on behalf of agencies shall comply with the rule, guidelines, agency security policies, and employ adequate security measures to protect agency information, applications, data, resources, and services. Contractors/Vendors are required to notify the customer/agency within 24 hours of a suspected or confirmed data breach. ~ ~ RFP 20-600-000-0 56 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 5.13. Purchase and Lease Provisions Customers will be authorized to purchase or lease equipment by issuance of a purchase order referencing the contract number. The manufacturer's lease or service agreement form will not be used since the contract resulting from this RFP and the purchase order will constitute the complete agreement. Note: Should the Contractor present and customer sign, a contract and/or service agreement, that document shall be void and non-binding. All State Agencies are required to receive pre-approval from the Department of Financial Services PRIOR TO entering into a lease in excess of the annual Category Two threshold (currently $25,000). No lease shall exceed 5 years. All State agencies are urged to review the Chief Financial Officer's latest memorandum addressing leases and deferred-payment purchases of equipment when considering the leasing or purchasing of equipment. 5.13.1. Leases Lease prices shall remain firm throughout the lease period selected by the Lessee. Lease agreements shall be effective on the first day following the executed Certificate of Acceptance. No interim rent or interim term may be charged under any circumstances. The date of acceptance is that date listed on the Certificate of Acceptance Form after equipment has been installed, tested and Customer trained. Leases shall only be executed under this Contract if the Contractor is the Lessor. No third party lease agreements are acceptable. Maintenance/Service and Supplies plan must be must be obtained for the duration of the original lease term. Available Lease Periods: 2-Year Lease: A consecutive twenty-four (24) month equipment plan (not a lease purchase plan) which shall expire at the end of twenty-four (24) month period. No termination notice shall be required by either party at end of lease. 3-Year Lease: A consecutive thirty-six (36) month equipment plan (not a lease purchase plan) which shall expire at the end of the thirty-six (36) month period. No termination notice shall be required by either party at end of lease. 4-Year Lease: A consecutive forty-eight (48) month equipment plan (not a lease purchase plan) which shall expire at the end of the forty-eight (48) month period. No termination notice shall be required by either party at end of lease. Maintenance shall include full service including preventive maintenance, all service calls, travel, loaner equipment and no charge replacement of all defective or worn parts and machines. [Reminder: cost for maintenance agreement shall be included in the monthly lease price, but shown separately for informational purposes as maintenance agreement pricing is used when calculating a lease total cost analysis.] 5.13.2. Expiration of Lease Lease agreements shall expire upon completion of the specified lease period and shall not be automatically renewed for a new lease period. The customer, within 30 days of lease RFP 20-600-000-0 57 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services expiration, shall make arrangements with the lessor to either have the equipment picked up upon lease end or notify lessor of intent to renew. A Customer's failure to notifY the lessor ofthe intent to terminate does not constitute intent to renew. All leased equipment not renewed shall be removed from customer's location within ten (10) days after expiration of lease at contractor's expense. Leases may be renewed under a maintenance plan if the five (5) year combined lease term has not been reached. All equipment removal shall be coordinated with customer. 5.13.3. Renewal of Lease Lease renewals are permitted under this contract for the same equipment used during the original lease term. The combined time frame of the original lease term and the lease renewal shall not exceed 5 years. Pricing for lease renewals shall be the option selected pricing provided in the Maintenance Service and Supplies spreadsheet for the appropriate leased machine segment. 5.13.4. State of Florida Consolidated Equipment Financing Program (CEFP)/Purchases Unless specifically exempted by the Department of Financial Services, all state agencies' deferred-payment purchases shall be acquired through the consolidated equipment financing program. For further details, go to http://www.myfloridacfo.com/aadirlstatewidefinancialreporting/index.htm. *Note: this financing is also available to state universities and state community colleges. 5.13.5. Lease Approval Checklist Prior to entering into a lease in excess of the annual Category Two threshold (currently $25,000), State Agencies must submit a completed "Checklist for Requesting Department of Financial Services Approval to Lease Equipment (ref. Section 287.063, F.S.)" to the Department of Financial Services for preapproval. This form is located at: http://www.myfloridacfo.com/aadir/statewidefinancialreporting/index.htm. 5.13.6. Lease Cancellation for Convenience Lease agreements may be canceled at any time during the lease agreement period by the lessee. A thirty (30) day cancellation notice, in writing, will be required of the lessee. All money due the lessor (excluding maintenance and supplies costs) for the remainder of the lease agreement period will be due and payable upon completion of the equipment removal, except in documented cases of non-performance by the contractor or non- appropriations. Upon cancellation without cause of a lease agreement by the lessee, the equipment will be returned to the lessor with transportation at the lessee's expense (including removal charges, if applicable). 5.13.7 Lease Cancellation Due To Non-Performance The initial lease agreement may be cancelled at any time during the lease period for contractor or equipment non-performance (as outlined in section 5, Special Conditions, and section 6, Technical Specifications). If the lessee requests removal of leased equipment, lessor will cancel the lease effective immediately with no additional payments RFP 20-600-000-0 58 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services due from customer. Equipment will be removed from lessee site within ten (10) days of such written notice at no cost to the lessee. 5.14. Standard Support Levels Contractors shall provide the following standard levels of support under the Contract: • Inside delivery and Dealer set-up and installation at no cost to the customer; • Minimum 90-day warranty for parts coverage and support; • Maximum two (2) business days repair time, or replace with comparable equipment (replace with new equipment during the warranty period) (see Service Level Agreement); • Toll-free telephone support and information; • (Minimum: Business days 8:00 a.m. to 5:00 p.m., within corresponding time zone); • Service response time minimum of24 hours after receipt of problem call; • Access to all software or firmware updates installed or bundled with the product for the term of the full warranty; • 30-day money back guarantee, return to vendor, with no restocking fee or comparable charge; • Standard End-User Training; 5.15. Optional Support Levels Optional Support that may be offered includes, but is not limited to: • Warranty upgrades may be purchased at time of purchase or any time afterwards during the product life cycle; • Warranty service response upgrades; e.g., on site, 4 hour response, or next business day; • Extended End-User Training Optional support levels resulting in increased cost to Customers shall be clearly and separately identified on the Contractor's authorized product and price list submitted on the pricing spreadsheets. Integrated components shall carry the same support level and warranty provisions as the system. By way of non-exclusive example, paper feed units, data security kits, finishers, network/fax boards, hard drives, and large capacity trays. Customers shall not be required to purchase maintenance from Contractor and may enter into separate agreements for maintenance and support with entities other than Contractor. 5.16. Service and Response Awarded contractor shall respond to all service calls within twenty-four (24) hours after notification. Standard business hours are defined as Monday through Friday, 8:00 AM -5:00 PM, excluding Saturdays, Sundays and nationally and state observed holidays. For the purposes of the contract resulting from this bid, response time shall mean the arrival of a trained service person at the user's site. A telephone call, unless it results in solving the problem, shall not be deemed an acceptable service response. Repeated failure to provide service to all specified areas within the contracted time will result in the removal of the contractor from the contract. An equivalent loaner piece of equipment with similar specifications must be provided, at no additional charge if the equipment cannot be repaired within two (2) work days of request for service. The invoice for lease or maintenance will be reduced by one-thirtieth (1130) of the ~ ~ RFP 20-600-000-Q 59 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services monthly base charge for each day that the equipment is inoperable and there is no loaner available beginning after the expiration of the (2) work days. Contractor shall utilize only genuine or factory authorized replacement parts for repair of equipment. Under no circumstances will the Customer deliver or mail equipment to the contractor for repair. In responding to the solicitation, the Respondent certifies replacement parts will be available for five (5) years and each of the designated dealers is aware of and agrees to conform to all terms and conditions of this solicitation and resulting contract. Repair parts must be stocked at all service locations. Downtime in excess of four (4) work days may be cause for default. Customers shall have the option to upgrade service response times for the entire lease term or on a per call basis at a published rate provided with solicitation response. Vendors may offer Service exchange (equipment replaced with new machine of equal or better performance) in lieu of on-site service at the customer's preference. In the event a designated dealer is non-responsive under a resulting contract, State Purchasing reserves the right to remove such designated dealer. If this occurs, the contract supplier shall designate an authorized replacement dealer within thirty (30) days of written notification by State Purchasing. Such action shall in no way relieve the contract supplier from liability and the obligation to fulfill the terms and conditions of the contract. Failure to comply shall be considered a default of the contract. 5.17. Maintenance Plans Maintenance Plans shall be available for current contract equipment and for pre-contract (legacy) purchased equipment. In addition to the requirements listed within the Standard Support Levels (Section 5.13) maintenance plans for each submitted unit shall include, at a minimum, the following: • Imprint supplies (toner/non-toner); • Replaceable parts subject to wear over time (drums, fusers, etc. as applicable); • Staples (if used by machine and stapling accessory is installed); • Preventative maintenance service calls as recommended by the manufacturer; 5.17.2. Maintenance and Service of Leased Equipment Contractor certifies acceptance of the following guarantees on leased units: • All broken or defective parts not caused by neglect, misuse, or abuse and all necessary machine adjustments occasioned by such defective or broken parts will be covered by the Contractor during the term of the lease. • The Contractor agrees to promptly repair or replace on a one for one basis without additional cost to the ordering entity. • Contractor will be responsible for pick up and/or delivery of units that require service. If the required service cannot be completed within two (2) business days, the Contractor will provide an equivalent loaner piece of equipment to entity, at no additional charge. RFP 20-600-000-Q 60 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services • While equipment is under a lease agreement, all rate changes and software updates shall be included. 5.1S. Relocation and Moving of Leased Equipment Customer shall notify Contractor any time leased equipment is relocated to another physical street address. Relocation of leased equipment within the same building shall be performed by the Contractor at no charge. Relocation within the same complex shall be done at no charge unless equipment must be trucked to another building and then the submitted relocation charge is allowed and payable under this contract if a truck is necessary. For more complex relocation needs, Contractors shall submit prices estimates to the customer prior to any movement of the equipment. 5.19. Contractor's State Contract Webpage The Contract resulting from this solicitation will become a public document. DMS maintains a website used to display State Term Contracts and product information to eligible users and other interested entities. The Awardee(s) shall, within thirty (30) days after the date of award listed on the Certification of Contract document, develop and maintain their own State of Florida web page to post approved and required Contract information, which shall include pricing, percentage discounts, terms, catalogs, ordering instructions, descriptive information, list of products that meet the State of Florida's approved green product labels / standards, and product pictures. The State Contract web page must maintain compatibility with the browser software being used by DMS, currently Internet Explorer 7.0. Contractor is responsible for any and all costs associated with providing this information to the State. The web site must have the following required items: • Accurate Contract pricing and equipment; • Detailed item descriptions, model numbers, standard inclusions, optional accessories; • Information to access product literature of awarded items, including photos of awarded products; • Additional links to access technical product literature of awarded items; • Authorized servicing dealers with current contact information; • Maintenance options • Contract authorized value-added services • List of products that meet the State of Florida's approved green product labels / standards; • The Universal Resource Locator (URL) for the Vendor's State Contract web page must be supplied to the Contract Administrator within 30 days of Contract award. Continued disruption of service or inadequate access may be grounds for termination and removal from the Contract, subject to Section 4.23. Contractors should note that the US Federal Trade Commission's Guides to the Use of Environmental Marketing Claims (Green Guides) regulate how companies label and advertise using environmental claims / terms (available at http.://www.ftc.goy/bcp./grnruleigyides980427.htm)16C.F.R.Part260fordetails.Itis the Prime Contractor's responsibility to accurately identify their products that meet the State of Florida's RFP 20-600-000-0 61 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services approved green product labels / standards (e.g., Energy Star, Green Seal) in their electronic catalog, punch-out site and on State Contract web page. For Florida approved green product labels / standards please see the State of Florida's Climate Friendly Preferred Products List (excel spreadsheet link). Failure to accurately represent green products may be cause for termination upon notice by the Department. 5.20. Contract Revisions Though Contractors are responsible for maintaining their own contract information through their State Contract Web Page, any product updates to the originally approved equipment must be approved by the contract Administrator prior to being offered to Contract Customers. Product detail, options, and pricing must be submitted on the appropriate segment price sheet with any request to products. Changes to ordering instructions and servicing/dealers list must be submitted to the contract administrator prior to implementation. Upon review of the Contractor's state contract web page, should unauthorized information be discovered within the site, the contract link may be immediately suspended until the information is appropriately revised or the contract canceled due to non-compliance. 5.21. Electronic Invoicing / Billing Equipment purchased on this State Term Contract shall be DIRECT BILLED BY THE CONTRACTOR OR AUTHORIZED DEALER. The Contractor must provide in-house financing. Third party billing providers/finance companies shall not be authorized for use. Contractors must offer at a Customer's request, various payment terms. The terms for the reconciliation may be monthly, bi-monthly or quarterly. Billing terms must be clearly specified on the Customer's purchase order. State Agencies shall be electronically billed through the MyFloridaMarketPlace (MFMP) system wherever able (see MFMP Invoicing Requirements). All other Eligible Users should be electronically direct billed whenever possible. At a minimum, each leasing invoice shall provide the following information: • Customer name; • Service order/P.O. numbers for equipment being billed; • Serial numbers equipment billed • Account numbers • Bill date • Billing term • Bill remittance address • Begin and End counts used for billing • In cases of fleet aggregate billing, invoice shall include total count reported by customer • Overage counts (if any) • CPC overage charge • Adjustments (detailed information on all adjustments within the bill must be provided) • Sub-total of current charges • Net amount due RFP 20-600-000-0 62 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services At a mmimum, invoices for equipment purchases and maintenance plans shall provide the following information: • Customer name • Service order/P.O. numbers for equipment being billed • Serial numbers of equipment billed • Account numbers • Bill date • Install date (purchase)/billing term (maintenance plan) • Remittance address • Net amount due All invoices shall have a due date of no less than 30 days from the invoice creation date and, must be received by the customer within 7 days of the invoice creation date. For electronic invoicing, before orders may be completed and invoicing from contractors or sub- contractors may begin, a test must be successfully conducted using the billing data transmitted from the contractor or sub-contractor to create an end-user invoice. Over the life of the contract, changes to billing formats or data elements required by the State may occur. Contractors and sub-contractors will be required to adhere to these changes for all billing purposes. 5.22. Payments Payment for equipment will be processed upon the satisfactory completion of delivery, installation, training, acceptance, and correct invoicing. Per Section 4.15 (PUR 1000), payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. 5.23. Taxes and Other Fees Relocation charges shall be listed as a flat rate per machine. Contractor and, all servicing dealers shall not charge any additional fees, including but not limited to, property taxes, delivery charges, pick-up charges, fuel surcharges, etc. 5.24. Requests for Quotes Although not required for the State Term Contract resulting from this RFP, CUSTOMERS MAY COMPETITIVEL Y SET THE PRICE FOR ANY PURCHASE BY INITIA TlNG A REQUEST FOR QUOTES ("RFQ") among the awardees within a Category. An RFQ is an oral or written request for written pricing or service information from a Contractor, for products available under the Contract from the Contractor. When the RFQ process is used, Customers should create and maintain written records of oral and written requests, and written quotes received. Where the RFQ process is used, quotes should be in writing but otherwise informal, and need not be received or posted publicly or at a particular time or place. The RFQ process is not mandatory under this Contract but may be used solely at the Customer's discretion. Customers are encouraged to seek, and awarded vendors to provide, greater discounts for volume orders. RFP 20-600-000-Q 63 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 5.25. Leased Equipment Risk of Loss/Equipment Insurance The (Lessee) shall be relieved from property risks including: loss or damage to all Leased Item(s) during the periods of transportation, installation, and the Lease Term except when loss or damage is due to the negligent acts of the Lessee. It is the responsibility of the Contractor to insure all leased equipment. • In cases of loss during the original lease term, the Lessee shall provide the Contractor with a copy of the filed police report, via certified mail, within 5 business days of receiving the police report. • In cases of damage during the original lease term, the Lessee shall provide the Contractor with pictures of the damage and a certified letter detailing the damage to the equipment dated within 5 business days of the damage occurring or being discovered. The Contractor shall remove the damaged equipment from the Lessee's location within 10 business days of receiving the certified letter. • In cases of damage due to negligent acts by the Lessee during the original lease term, the Lessee shall provide the Contractor with pictures of the damage a certified letter detailing the damage to the equipment dated within 5 business days of the damage occurring or being discovered, and shall pay the balance due on the lease, less service and supplies, to the Contractor within 30 days of receiving an accurate invoice for the balance. The Contractor shall remove the damaged equipment from the Lessee's location within 10 business days of receiving the certified letter. 5.26. Price Discount Levels At no time during the contract period may the discount be reduced. The discount percentages shall not be decreased (e.g. 65% -> 60%) during the term of this contract; however, discounts from SRP may be increased (e.g. 60% to 65%) during the term of the contract by the Awarded Vendors. The Contract Administrator must be notified of any such increase in discount and updated price sheets submitted for posting. Vendors are encouraged to offer additional discounts for promotional offers and/or large/fleet orders. Promotional offers must be submitted to the contract administrator for approval prior to being offered to customers. Approved promotional offers shall be posted on the STC web site. After a twelve (12) month period, justifiable requests for a price decreases may be requested by OMS. Minimum price decreases shall be based upon the Producer Price Index (PPI) (for that specific industry) as published by the u.S. Bureau of Labor Statistics The last published non-preliminary Producer Price Index for the month prior to award/anniversary date of the contract will be the baseline for the beginning (old) PPI Index. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the new PPI Index. The last published non-preliminary Producer Price Index for the month prior to award/anniversary date of the contract will be the reference date for the beginning (old) PPI Index. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the New PPI Index. As an example: the price de-escalation formula would be tied to the change in the commodity for Office Machinery Manufacturing, PPI Series 10 PCU333313333313. The formula is calculated RFP 20-600-000-0 64 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services by dividing the New PPI Index by the Old PPI Index to identify the Price De-escalation Rate. The Old Discount is divided by the Price Escalation Rate to determine the New Discount. This formula may be applied after Year 1 of the contract and on each subsequent anniversary of the contract effective date. Details on how this PPI has historically performed can be found at the Bureau of Labor Statistics web site and following the below steps: • Go to BLS website: http://www.bls.gov/ppil • Click on the PPI Databases link • Select Industry Data (One Screen) • Box 1: Type "333313" in the "Select an Industry" box for the Office Machinery Mfg. category and hit the adjacent "Find" button. • Box 2: Select "333313333313" for Office Machinery Mfg in the "Select One or More Products" box and hit the adjacent "Find" button • Box 3: Click the "Add to Your Selection" button and then the "Get Data" button. • A table similar to the one shown below will be created. Series Id: PCU333313333313 Industry: Office machinery manufacturing Product: Office machinery manufacturing Base Date: 198506 Year Jan Feb Mar Apr May Jun Jul Au~ Sep Oct Nov Dec Annual 2000 1~05 120.5 120.5 120.6 120.6 120A .. 1;~Z 120.7 120.7 120.7 120.7 120.1 120.6 2001 121.9 122.3 122.3 122.3 122.3 122.3 122.3 122:.3 fi2:i3 122.4 122A 122A 1223 2002 1225 122.5 122.5 122.5 123.3 123.3 123.3 123.3 123.3 123.2 123.2 123.1 123.0 2003 123.1 123.1 12iT 123.7 123.7 123.7 123.7 123.7 123.7 123.7 liii 123.7 123.6 2004 123.7 123.6 123.8 1255 125.6 125.6 125.6 125.6 125.6 125.6 125A 125A 125.1 2005 129.3 129.7 129.7 129.7 129.7 129.7 129.7 129.7 1295 129.2 129A 129A 1295 2006 129.4 129A 127.8 127.7 127.7 127.7 127.8 127.8 127.8 127.7 125.2 125.1 -~i276' 2007 125.2 125.5 1255 125.6 125.7 125.9 126.0 126.0 126.0 126.1 2008 126.8 126.9 127.2 127.6 1285 1285 129.1 129.6 129.6 130.1 2009 130.4 130A 130.5 129.8 129.8 130.6 131.0 131.2 131.2 13IA 2010 13~p~ 13~p~ ,~:~relit11in~af)': All indexes are.sllbje~tto revision four months after originalpublication. Calculation Example: In this example, Feb 2006 is the first year anniversary ofthe contract. Therefore, Old PPI: Jan 2006 PPI for Computer Printers = 129.4 New PPI: Jan 2007 PPI for Computer Printers = 125.5 Price De-escalation Formula: New PPI / Old PPI = Price De-escalation Rate (rounded to four decimal points) 126A 126A 130.1 130.1 13!p~ 13~~ "Old Price Discount %" 7 "Price De-escalation Rate" = New Price Discount % (rounded to two decimal points) Calculation: 125.57 129.4 = .9699 which equates to a Price De-escalation Rate of96.99% 50% 7 96.99% = 51 % (New Price Discount Percent) 125.9 128.7 13~~ . ........ RFP 20-600-000-Q 65 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Any decreases negotiated during the term of the contract shall become effective no later than thirty (30) days after approval of the request. 5.27. Benchmark Report / Competitive Price Assurance Upon request, to ensure the State continues to receive competitive market pricing, Contractor(s) shall report to the Department the following benchmark data: • The benchmark data will compare the State's rates against rates contractually provided to other states and enterprises by the contractor, with attention given to a similar mix of products and services associated with other such contracts. • The benchmark will emphasize those rates negotiated within the most recent twelve (12) months. • The benchmark will be made for those services that represent the State's most significant purchase volumes. • The benchmark will compare the State's rates against the best rates found in the industry (i.e., the top 10%) within the United States. • Should it be found that the State's pricing is higher than the market benchmark, the Contractor shall unilaterally reduce the State's pricing, charges and/or discounts, as appropriate, to make the State's rates comparable to the benchmarked best rates. Any adjustments shall be made available to the Customers within thirty (30) days of notification of findings. 5.28. Additional Hardware and Services Contractors may offer and the State may purchase equipment, systems or services as detailed on the Pricing Spreadsheets. When additional equipment, systems or services are proposed, a State Term Contract Product Change Form must be submitted to the Department for approval. THE STATE OF FLORIDA CONTRACT ADMINISTRATOR MUST APPROVE ANY REPLACEMENT OR ADDITION OF EQUIPMENT, ACCESSORIES, SOFTWARE, OR SERVICES PRIOR TO ADDITION TO THE CONTRACT. Percentage discounts for equipment, accessories and software must be consistent for each machine proposed. For example, if a 50% discount (off SRP) is proposed within a category, then the same percentage should apply to all types and models of equipment (including replacement models and services) available within that category (or minimally within that sub-category). The ability to add equipment and services at a pre-determined (discounted) price is for the convenience and benefit of the Customer. The intent of this option is to promote "one-stop shopping" for the customer and to facilitate normal growth within the industry. The Department reserves the right to prohibit the sale of any and all additional products and services outside the scope of this RFP. Abuse of this additional hardware, software, and services option to complete transactions for unauthorized commodities or services may be prosecuted under s. 858.22 F.S. or other applicable laws. 5.29. Installation and Environmental Requirements Prior to order acceptance, Successful Vendor must advise Customer of any and all specialized installation and environmental Customer site requirements for the delivery and installation of contract equipment. This information should include, but is not limited to the following: RFP 20-600-000-0 66 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services • Air conditioning; • Electrical requirements; • Special grounding; • Cabling requirements; • Space requirements; • Humidity and temperature limits, and; • Any other considerations critical to the installation. 5.30. Insurance requirements Within ten (10) calendar days after date of award on certification of contract document, contractor shall provide the Department with a certificate of insurance. During the contract term, the contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the contract, which, as a minimum, shall be: workers' compensation and employer's liability insurance per Florida statutory limits (currently $100,000 per accident, $100,000 per person, and $500,000 policy aggregate) covering all employees engaged in any contract work; commercial general liability coverage on an occurrence basis in the minimum amount of $500,000 (defense cost shall be in excess of the limit of liability), naming the department as an additional insured; and automobile liability insurance covering all vehicles, owned or otherwise, used in the contract work, with minimum combined limits of $500,000, including hired and non-owned liability, and $5,000 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of the contract. The contract shall not limit the types of insurance contractor may desire to obtain or be required to obtain by law. The limits of coverage under each policy maintained by the contractor shall not be interpreted as limiting the contractor's liability and obligations under the contract. All insurance policies shall be through insurers authorized to write policies in Florida. 5.31. Return of Product Any equipment delivered in poor condition, items delivered in excess of the amount authorized by the requisition form, or items not included on the requisition form or purchase order may, at the discretion of the Purchasers, will be returned to the Vendor at the Vendor's expense within 30 days. Credit for returned goods shall be made immediately after Vendor receives returned goods. If any product is returned to a Vendor for Failure to Perform, the Vendor will, at the State's discretion, refund all amounts paid to the Vendor for such product or replace the product, and the following shall apply: • Within twenty (20) days of written notification by the Purchaser, the Vendor will make arrangements for the return of the product. • The Vendor will bear all shipping and insurance costs. • Vendor will be liable for damages to the product, unless caused by fault or negligence of the Purchaser that occur during the return process. RFP 20·600·000·Q 67 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 5.32. Survivability Product placements made using the authority provided by this Contract will survive the Contract itself. Those Customers purchasing, or leasing the equipment will continue to receive ongoing service from the Successful Vendor at the agreed upon Contract rate through the term of their placement contract agreement. The Contract terms and conditions will survive the authorizing contract through that final term and any subsequent renewals and extensions. Those Customers purchasing equipment will receive ongoing service from the Successful Vendor at the agreed upon Contract rate until the expiration of the Lease/Service Contract. 5.33. End of Life State Agencies and other eligible users are required to take active measures to securely sanitize or destroy the hard drive ofthe device prior to release to contractor. Management of Equipment at end of life will be the responsibility of the Contractor. The end-of- life management program included in Respondent's Response must include the following: • A historic commitment to end-of-life management of Equipment after consumer use • Parts reuse and materials recycling systems • A packaging return system • An equipment take-back program • Hard drive buy-out option 5.34. Electrical Connections, Surge Protectors and Telephone Lines It is recommended that all purchased and leased machines are connected to an external surge protector to protect their telephone, network and electronic components; this is in addition to any internal surge protector. Customers are not required to obtain surge protectors from the equipment vendor as at the time of solicitation surge protectors are available via STC 250-000- 09-1. 5.35. Special Discounts/Promotions Respondents are requested to quote any special discounts or promotions offered for equipment whose end use is restricted (educational discounts etc.). Bidders should include full details on all required qualifications for the special discounts as well as the duration. 5.36. Quantity Discount Respondent may enter quantity discounts in the space provided in the price sheet or if space is insufficient, bidder may insert an additional tab listing such prices. 5.37. Trade-Ins The State reserves the right to offer used equipment in trade as part of the purchase price, in accordance with values in effect at the time the item is traded. Trade-in equipment is represented by the State "as is" and expresses no warranty as to its condition. In the event that no trade-in allowance is offered or the allowance has not been accepted, the State reserves the right to retain possession of the equipment at the option of the agency. Equipment for trade-in shall be picked up by the contractor at the point indicated in the agency's purchase order and shall be removed at contractor's expense. RFP 20-600-000-Q 68 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 5.38. Environmental Performance Commitments and Past Record Vendors must demonstrate strong environmental performance records and operate responsibly socially and economically by providing a description ofthe following: • Vendor's environmental performance plan and goals, including an existing pollution prevention plan and environmental justice policy; and • ISO 14001 certification or other environmental management systems or processes currently adopted and in operation. All machines are required to operate satisfactorily using Recycled Content Paper. 5.39. State Funds In accordance with Section 216.347, F.S., and as provided herein, the service provider or contractor may not expend any state funds for the purpose of lobbying the legislature, the judicial branch, the executive branch, or any state agency. • • RFP 20·600-000-Q 69 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services SECTION 6 TECHNICAL SPECIFICATIONS 6.1. Definitions The definitions found in Rule 60A-1.001, F.A.C., and other sections of this solicitation shall apply to any contract resulting from this solicitation. (a). "Copier": A walk-up unit whose sole function is to produce reproductions of documents placed on its glass plates; is not capable of performing faxing, print job or scanning to file functions. (b). "Copier-based MFP" means a machine whose base unit is a copier which has been enhanced to perform faxing, print job, scan to file functions, and can be networked. (c). "Printer" means a machine which is not capable of performing copying, faxing, or scanning functions; only produces printouts. (d). "Printer-based MFP" means a machine whose base unit is a printer which has been enhanced to perform scanning, faxing and copying functions. 6.2. Products The State of Florida is providing vendors with the opportunity to propose all available business class products which fall into the Categories listed below. • Category 1: Copier-based MFPs (Monochrome, Hybrid; 8 liz x 11 -11x17) o Segment 2: 21-30 cpm o Segment 3: 31-40 cpm o Segment 4: 41-69 cpm • Segment 4.1: 41-50 cpm • Segment 4.2: 51-60 cpm • Segment 4.3: 61-69 cpm o Segment 5: 70-90 cpm • Segment 5.1: 70-80 cpm • Segment 5.2: 81-90 cpm o Segment 6: 91 cpm and higher • Segment 6.1: 91-100 cpm • Segment 6.2: 101-110 cpm • Segment 6.3: 111 + cpm • Category 2: Printer-based MFPs (Monochrome, Hybrid; 8 liz x 11 -11x17 desired) with duty cycle (ppm) ranges of:) o Small Workgroup: 20,000 -49,999 o Medium Workgroup: 50,000 -99,999 o Large Workgroup: 100,000+ e-Departmental • Category 3: Printers (Monochrome, Color, Hybrid; 8 liz x II -11x17 desired) with duty cycle (ppm) ranges of: o Small Workgroup: 20,000 -49,999 RFP 20-600-000-0 70 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services o Medium Workgroup: 50,000 -99,999 o Large Workgroup: 100,000+ • Category 4: Workgroup and Network Sheet Fed Scanners (Monochrome, Color) o Desktop Workgroup: 16-30 ppm o Departmental: 31-50 ppm o Low-volume Production: 51-75 ppm o Mid-volume Production: 65-100 ppm o High-volume Production: 100 ppm and higher (Segments above are as listed within the BLI Buying Guide for Document Scanners) • Category 5: Plain Paper Facsimile Machines o Low Volume: .5MB of memory (often upgradeable and 200 sheets or less paper capacity (standard configuration) o Mid Volume: Memory ranging from .5MB to 1MB and 201-499 sheet paper capacity (standard configuration) o High Volume: Memory of IMB+ and 500+ sheet paper capacity (standard configuration) 6.3. Acceptable Equipment Primary bids for the PURCHASE ofthe following shall be for new equipment only. • multifunction products (MFPs), • Printers • Facsimile machines • Scanners Primary bids for the LEASE of the following shall be for new equipment only. • multifunction products (MFPs), • printers, • Workgroup and network sheet fed scanners, New equipment is defined as newly assembled equipment that is factory produced and has been assembled for the first time which contains new components that have been fully inspected, tested and fully meets product performance and reliability specifications. Equipment must be newly serialized and the state or its eligible customers must be the first user of the product and must have new equipment set of warranties. It is understood that the state will benefit from any equipment revisions, updates, additions, technical improvements, or necessary modifications in the units offered during the term of this contract at no additional cost. 6.4. Emissions Standards All Equipment shall meet, at a minimum, the following emissions standards: • Devices do not emit ozone in excess of 0.02 mg/m3 • Devices do not emit dust in excess of 0.25 mg/m3 • Devices do not emit styrene in excess of 0.11 mg/m3 6.5. Associated Products and Services Submittal RFP 20-600-000-Q 71 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services Bidders may offer associated products for each item. Associated products shall be listed as outlined in bid price pages. Associated products shall be limited to attachments, options, additional features, supplies and software for each unit. The State reserves the right to accept or reject, at any time before or after award, any or all ofthe associated products at its discretion. The associated product submittal shall be offered at the same or better discount than offered for the basic item. The Respondent must submit with its bid the current suggested retail price list. As new price lists are issued introducing new accessories/attachments and price reductions, such price lists shall be submitted to the Contract administrator. All new items requested to be added to the associated product line during the contract or any extension period must be offered in accordance with the solicitation discounting format. Acceptance of any or all associated products for inclusion in the resulting State Term Contract shall be at the sole discretion ofthe State. 6.6. Specifications 6.6.1. General Requirements All parts (hardware and software) which are necessary for the unit to be complete and ready for operation, or which are normally furnished as standard equipment, shall be furnished by the successful bidder. Each unit shall be provided with all manufacturers' start-up supplies required to be fully operational. Supplies shall not include plain paper. Supplies bid as part of the maintenance plan may be Original Equipment Manufacturer (OEM) supplies. Authorized users who opt-out of using a vendor's submitted maintenance plan, and at their sole discretion in accordance with their purchasing guidelines, may purchase supplies from vendors other than State Term Contract vendors if in the best interest of the Customer. 6.6.2. Networking For Respondents offering network multi-functionality, the following applies: • Respondents shall provide software support staff that shall coordinate with authorized user personnel in charge of the computer network to ensure proper integration of products within the customer's office environment as well as answer questions and concerns of the equipment installed. • Respondents are to provide a telephone number for service support for a minimum of 90 days after installation. Network installation and after installation network support is not part of this contract. Authorized users should plan network requirements and solicit additional costs for networking prior to selection of the machine. • Equipment shall comply with all Customer network security requirements and shall provide network security kits as an available option or standard component. • Equipment must comply with the security requirements specified in Rule 60DD-2, F.A.C. promulgated 2004, currently in transition to 71A-l anticipated promulgation 2010. 6.6.3. Accessories RFP 20·600·000·Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 72 Respondents are encouraged to offer all available accessories for each piece of equipment offered on the bid response. All accessories shall be offered at the same discount level and shall carry the same warranty as the base equipment. 6.6.4. Security Specifications Overwrite/Encryption: All proposed equipment containing a hard drive must have as available options, HDD Overwrite and/or HDD Encryption capabilities. Data overwrite standards must US Department of Defense (DoD) standards for data overwrite. In addition, equipment must comply with the security requirements specified in Rule 60DD- 2, F.A.C. promulgated 2004, currently in transition to 71A-I anticipated promulgation 20lO. 6.6.5. Value Added Products and Services Added Value products and services offered by Respondents deemed to be in the best interest of the State by the Department shall become a part of any Contract resulting from this solicitation. THIS SPACE INTENTIONALLY LEFT BLANK ~ ~ RFP 20-600-000-0 73 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services SECTION 7 ATTACHMENTS REQUIRED FORMS ATTACHMENT 1 ATTACHMENT 2 Certification Table Pricing Spreadsheets 2.1 Copier-Based MFP Pricing Spreadsheet 2.2 Copier-Based MFP Maintenance Pricing Spreadsheet 2.3 Printer-Based MFP Pricing Spreadsheet 2.4 Printer-Based MFP Maintenance Pricing Spreadsheet 2.5 Printer Pricing Spreadsheet 2.6 Printer Maintenance Pricing Spreadsheet 2.7 Sheet Fed Scanner Pricing Spreadsheet 2.8 Facsimile Specifications And Pricing Spreadsheet 2.9 Co Term Lease Rates ATTACHMENT 3 Response Authorization Form ATTACHMENT 4 Service Level Agreements ATTACHMENT 5 Savings / Price Reduction Form ATTACHMENT 6 Vendor Responsibility Questionnaire ATTACHMENT 7 References ATTACHMENT 8 Contact Information ATTACHMENT 9 Ordering Instructions ATTACHMENT 10 Authorized Dealers ATTACHMENT 11 Emergency Situations Contact ATTACHMENT 12 Certification of Drug-Free Workplace Program ATTACHMENT 13 Punch-out Capability Questionnaire ATTACHMENT 14 Questions for Vendors Note: Some of the Attachments require signatures. Please submit these as PDF files after being signed. REFERENCE DOCUMENTS & SAMPLE FORMS • INSTRUCTIONS TO VENDORS • VENDOR CHECKLIST • STATE OF FLORIDA VENDOR CODES RFP 20-600-000-0 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 74 • MYFLORIDAMARKETPLACE REQUIREMENTS (MFMP) ELECTRONIC • STATE TERM CONTRACT QUARTERLY REPORT FORM • SAMPLE ARA VO TEMPLATE THIS SPACE INTENTIONALLY LEFT BLANK INVOICING RFP 20-600-000-Q 75 Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 24SE I SUNDAY, NOVEMBER 23, 2014 SE ,,) g~,m~u2~ SHOW CASE DATES Wednesday, October 8, 2014 Tuesday, November 11,2014 (High School only) Wednesday, December 3, 2014 Tuesday, January 13, 2015 9 a.m .• Founders' Library 3747 Main Highway, Miami, Florida 33133·305-446-5673· www.carrolltoll.org Carro/I/oll is (/ MOlltessori-3 through Grade J 2 all girls Catholic college-preparatory school 'hat admils qualified students of an)' race, colol; religion, nationality, or ethnic origin. MiamiHerald.com I MIAMI HERALD CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida wiII conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, December 2, 2014 beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authorizing the City Manager to negotiate a lease agreement with Toshiba Business Solutions, for multifunctional copier equipment for a 48-month period. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decidcs to appeal any decision made by this Board, Agency or Commission with respect to any matter considcrcd at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. SPEEDS UP TO 120 Mbps Get 0 business bundle with ultra-fast Internet, Phone and TV. (';011855 .. 859-9980 orvisit atlanticbb.eom/business tndnv_