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Res No 234-16-14789
RESOLUTION NO:234-16-14789 A Resolution authorizing the City Manager to enter into a multi-year contract with MCCI,LLC.by piggybacking off of its contract with the City of Miami. WHEREAS,the City has implemented an electronic document system by transferring various documents digitally to a Laserfische system;and WHEREAS,Laserfische effectively stores and organizes documents that can be easily accessed byCity personnel and the public;and WHEREAS,Laserfische eliminates the need to store documents thereby freeing up valuable office space;and WHEREAS,the Police and Building departments require sensitive documents and building plans to be stored and organized digitally;and WHEREAS,the purchase for these services will be from MCCI,LLC.through a piggyback from the City of Miami Contract IFB No.391322(19)for an amount not to exceed $45,000 and charged to AccountNo.001-1200-512-3480. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THECITYOF SOUTH MIAMI,FLORIDA; Section 1.The City Manager is authorized to enter into a multi-year contract, not to exceed five years,with MCCI,LLC.by piggybacking off of MCCI,LLC's contract with the City of Miami under Contract IFB No.391322(19)and limited to amounts approved in this resolution for the firstfiscal year and to the amounts approved to be expended in the City's budget for succeeding years. Section 2.TheCity Manager is authorized to expend to MCCI,LLC.an amount not to exceed$45,000 forfiscal year 2016-2017. Section 3.The City Manager is authorized to expend to MCCI,LLC.in future fiscal years,based on the commissions allocationfordigitizing through the annual budget process,and Section 4,Severability.Ifany section,clause,sentence,or phrase of this resolution isforany reason heldinvalidor unconstitutional bya court of competent jurisdiction,this holdingshall not affect the validityof the remaining portions of this resolution. Section 5.Effective Date:This resolution shall take effect immediately upon enactment. Page 1 of2 Res.No.234-16-14789 PASSED AND ADOPTED this 6_thday of December.2016 ATTEST:APPROVED: CITY CLERK MAYOR COMMISSION VOTE:5-0 READ ANOAP^ROVEDAS\TO FORM,jan^to|eTlegalit/a^ItfikECUTION Mayor Stoddard:Yea EXfJ&JTICflVI THEREOF /Vice Mayor Welsh:Yea fwMk Commissioner Harris:Yea Commissioner Liebman: Commissioner Edmond: Yea CITY ATTORNEY^'III Yea Page 2 of2 South'Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: From: Date: Subject: Background: Fund& Account: The Honorable Mayor &Members of the City Commission Steven Alexander,City Manager December 6,2016 Agenda Item No.: A Resolution authorizing the CityManager to enter into a multi-year contract with MCCI,LLC.bypiggybacking off of its contract with the City of Miami. In 2012,via resolution 81-12-13638,the Cityhas implemented an electronic document storage system,Laserfiche,with the intent of transferring various hardcopy documents toadigitalplatform.Laserfische effectively stores and organizes documents that caneasilybeaccessedby City personnel.Hardcopy storageofdocumentstakesup valuable City officespace,however,Laserfiche alleviates the burden of storage anddigital documents areeasily located and printed,if necessary,fromindividual desktop personal computers. TheCityhas been transferring documents toLaserfischeoverthe past few budget cyclesto minimize theoverallfinancialimpactinasinglefiscalyear. Moreover,the Cityislookingtotake advantage ofCityofMiami'sexisting contract whichprovides the CityofSouthMiamiwith the benefit ofMiami's economyofscalewhichwouldprovidethe City ofSouth Miami withalower costperscan.TheCityofMiami contract willallow the Citytoscan additional documents into the existing Laserfische system. TheCity of South Miamiis proposing to use MCCI,LLC through apiggyback agreement from the CityofMiami.TheCityMiami Contract isamulti-year agreement expiring June,2019,pending renewals. Furthermore,the City isrequestingfunds,nottoexceed$45,000,for fiscal year 2017andwillusethispiggyback agreement during the budget process for future fiscal years digitizing requirements. TheCityofMiami Contract "PricingMatrix"is broken down basedon the number of scans being created;the greater the number of scans,the lesser cost per scan.The proposed rates are included with the attached piggyback agreement. The total expenditure shallbe charged to the CityClerk'sDigitizing Account, account number 001-1200-512-3480,which has a balance of $45,000 before this request was made. Soutfr Miami THE CITY OF PLEASANT LIVING Attachments: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Resolution Resolution 81-12-13638 Piggyback Agreement: •MCCI,LLC Proposals dated 11/11/2016 •CityofMiami Contract No.IFB 391322(19) •CityofMiamiPricingSchedule RESOLUTION NO,:81-12-13638 A Resolution authorizing the city managerto purchase Laserfiche Software foratotal expenditure associatedwiththisproject of $47,130.96from account numbers 001-1340-513-4634 Maintenance-internet services and 001- 1340 513-5205 Computer Equipment WHEREAS,the City's MISOffice -International DataConsultants,Inc (IDC)istaskedwithworking towardsapaperlessenvironment;and WHEREAS,theCity of SouthMiamineedsassistanceinachievingthistaskwhichwillrequirethe expertise oftheMIS Office,International Data Consultants (IDC)whocanhelp implement and carry outthis important task;and WHEREAS,toachievethistask,theCitywill purchase the Laserfiche Software.By purchasing this software thecitywill accomplish various important tasks,it will providestaffapowerfulwaytobestworkandbeamore efficient and informed team.Itwill provide theCitythe foundation fora paperless environment.Additionally,itwill provideboththe administrative andsupportstafftrainingtoutilizethesoftwareanditstools;and WHEREAS,theCitydesirestopurchasetheseLicensesfromtheState of TexasDepartmentof InformationResourcescontract through MCCI(MunicipalCodeCorporation)foratotalamountof$47,130.96. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section1:ThecitymanagerisauthorizedtopurchasetheLaserficheSoftwarefrom(MCCI)asset forthinProfessionalServicesProposalwhichisattachedandmadepart of thisresolutionbyreference,foratotalamount of$47,130,96 tobepaidfromaccountnumber 001-1340-513-4634 Maintenance-Internet Serviceswhichhasa current balanceof$18,930.75andaccountnumber 001-1340-513-5205 ComputerEquipmentwithacurrentbalanceof $41,953.67. Section 2 Commission. ThisresolutionshallbeeffectiveimmediatelyuponbeingapprovedbyavoteoftheCity PassedandAdoptedthis17dayof April,2012. Attest: Read and approved)asto form language^Sfe^tv.dnd execution thereof/ Approved: Commission Vote:5 _o Mayor Stoddard:Yea ViceMayorLiebman:yea Commissioner Newman:yea Commissioner Harris:yea Commissioner Welsh:Yea CONTRACT FORDOCUMENT MANAGEMENT SOFTWARE,HARDWARE & SERVICES THIS AGREEMENT made and entered into this ^j_day of Mec&n&is:20/^by and between the City of South Miami,a Florida municipal Corporation by and through its City Manager (hereinafter referred to as "City")and MCCI,LLC,(hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS,the"TheCitvofMiami"solicited bids,pursuant to IFB#391322,for Document Management Software,Hardware &Services:and WHEREAS,the "TheCitvof Miami,"after completing a competitive bidding process,awardedacontracttoContractor,and WHEREAS,theCity of SouthMiamidesirestoutilizethe "TheCitvof Miami" Contract and pursuant to authority of theCity of South Miami's Charter. NOW,THEREFORE,theCity and the Contractor,each through their authorized representative/official,agreeas follows: 1.TheCitydesirestoenterintoa Contract,underthesametermsand conditions as set forth inthe solicitation and the agreement between "TheCitvof Miami" and Contractor,pursuantIFB#391322and Contract No,391322 (191 2.TheCity has reviewed the contract and agrees tothe terms and conditions to be applicable toa purchase order tobe issued by the City and further agrees to the fair and reasonableness of the pricing.Contractor hereby agrees to provide such goods and/or services,pursuant to the City's purchase order made during the term of this agreement,under thesameprice(s),termsandconditionsasfoundinthesolicitationdocumentsandthe response tothe solicitation,pertinent copies of which are attached hereto asAttachmentA and made a part hereof by reference,and the agreement and/or the award between the"The Citv of Miami"and Contractor,pursuant IFB #391322 andContractNo,391322 (191 a copy ofwhich,including any amendments and addendums thereto,is attached hereto and madeapart hereof byreference. 3.All references inthe contract between "TheCitvofMiami"and Contractor, shall be assumed to pertain to,and are binding upon Contractor and the City of South Miami. All decisions that are tobemadeonbehalf ofthe "The Citv of Miami,"asset forth inthe "The Citv of Miami"pursuantIFB#391322and Contract No.391322 (19L andits 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 intheIFB #391322 and ContractNo. 391322 (19)or the "TheCitvof Miami"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 bein Miami-Dade County,Florida. 4.Scope of Goods and Services.The scope of goods and services are set forth Thomas F.Pepe-01-11-16 Page1 of5 I in the attached Attachment A. 5.Contract Price.The contract price for the good and services isset forth in the attached Attachment B.Ifnot otherwise set forth inthe "The Citv of Miami" Agreement/Contract,the Contractor shall be paid upon delivery of all the goods,the completion of all the services and after final inspection by the City that approves of the goods delivered and thework performed. 6.Grant Funding:This project is being funded N/A and Contractor agrees to comply with all the requirements of that Grant,applicable to the delivery of the goods and services that are the subject of this Agreement,and that are within its power to provide and to provide all the documentation within its control that is required for the City to be able to recover the contract price pursuant to the terms of the grant.A copy of the grant is attached hereto and made a part hereofby reference. 7)Public Records:CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.l 19.0701)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 and shall:(a)Keep and maintain public records required by the public agency to perform the service;(b)Upon request from the public agency's custodian of public records,provide the public agency with a copy of the requested records or allow the records to be inspected or copied withina reasonable timeatacostthat does notexceedthe cost provided in this chapter or as otherwise provided by law;(c)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if CONTRACTOR does not transfer the records to the public agency;and (d)Upon completion of the Contract,transfer,at no cost,to the public agency all public records in possession of CONTRACTOR or keep and maintain public records required by the public agency to perform the service.If CONTRACTOR transfers all public records to the public agency upon completion of the Contract,CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If CONTRACTOR keeps and maintains public records upon completion ofthe Contract, CONTRACTOR shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the public agency,upon request from the public agency's custodian of public records,ina format that is compatible with the information technology systems of the public agency. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340;E-mail:mmenendez@southmiamifl.gov;6130 Sunset Drive, South Miami,FL .33143. 8.WaiverJuryTrial:City and Contractor knowingly,irrevocably voluntarily and intentionally waive any right either may have toa trial byjuryin State or Federal Court proceedings in respect to any action,proceeding,lawsuit or counterclaim arising out of the Contract Documents orthe performance of the Work ThomasF.Pepe-01-11-16 Page2 of5 2 thereunder. 9.Validityof Executed Copies:This agreement may be executed in several counterparts,each of whichmaybe construed as an original. 10.Attorneys9 Fees and Costs:In the event of any litigation between the parties arising outofor relating in any way to this Agreement ora breach thereof,each party shall bear itsown costs and legal fees.Nothing contained herein shall prevent or prohibit the right tobe indemnified for any attorney fees incurred in the defense of an action bya person or entity who is nota party to this Agreement. 11.Severability:If any term or provision of this Agreement or the application thereof toany person or circumstance shall,to any extent,be invalid or unenforceable,the remainder of this Agreement,or the application of such term orprovisionto persons or circumstances otherthanthosetowhichitisheld invalid or unenforceable,shall not be affected thereby and each term and provision ofthisAgreementshallbevalidandenforceabletothefullest extent permitted by law. 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 onor before the day and year first above written. Donn-y Barstow-President (type name and title of signatory above) ReadandApprovedasto Form, Language,Legalityand Execution Thereof. By:^^y^^^^y^F^^^ ThomasF.Pepe CityAttorney ThomasF.Pepe-01-11-16 CITY OF^SDUTH MIAMI larhf M.MeneridezrdfaC V "^^Tteven Alexander City Clerk (/City Manager Page3 of5 3 CONTRACT FOR DOCUMENT MANAGEMENT SOFTWARE,HARDWARE, SERVICES CITY OF MIAMI CONTRACT NO.391322 (19) ThomasF.Pepe -01-11-16 Page4 of5 4 CITYOFMIAMI,FLORIDA TO.ALL DEPARTMENT DIRECTORS DATE.July 14,2014 FILE. AND CONTRACT LIAISONS subject :Document Management Software, Hardware and Services IFB No.391322 from:pabio Velez,InterimDirector references : ProcurementDepartment ENCLOSURES: Please find enclosed a copy ofthe approved term contract for Document Management Software, Hardware and Services.This contract has been established for the Department of Information Technology.Unless a specific item isnot listed,using department in need of these goods or services is required to utilize this contract.Using department is urged to carefully review the contract in detail tobecome familiar withits prices,terms and conditions,anditems awarded.If any department is unable to locate a particular item on the contract,please contact the appropriate Buyer for assistance.No other goods or services can be purchased under this agreement except those specified in the contract.When requesting this commodity or service,theIFB No., ResolutionNo.andthe corresponding catalog item mumbers mustbecitedinthe requisition. It shall bethe responsibility ofthe using department to properly administer the contract to ensure that the contractor and theCity perform all contractual obligations.In the execution ofthis responsibility,departments should monitor vendor performance,inspect goods at time of delivery,and check for accuracy in billing. Should any using department experience any difficulties with the contractor,please document the matter and immediately advise Tahlia Gray,Procurement Specialist,at (305)416-1912 for assistance. FIRST RENEWAL IFB NO.: DESCRIPTION: TERM OF CONTRACT: CONTRACT PERIOD: RENEWAL PERIOD: COMMODITY CODE: 391322(19) DOCUMENT MANAGEMENT SOFTWARE,HARDWARE AND SERVICES TWO(2)YEARS WITHTHEOPTIONTO RENEW FOR THREE (3)ADDITIONAL ONE-YEAR PERIODS JUNE 16,2014 THROUGHJUNE 15,2016 JUNE 16,2016 THROUGHJUNE 15,2017 92045-00 SECTION #1 -VENDORAWARD MCCI,LLC 1700 CapitalCircle SW Tallahassee,FL 32310 Contact DonnyBarstow Phone:(800)342-2633 Fax:(850)701-0715 Email:dwb@mccinnovaitons.com ZI SECTION#2 -AWARD/BACKGROUND INFORMATION/APPLICABLEORDBNANCES/NOTES C.C.AWARD DATE:JUNE 12,2014 RESOLUTION NO:14-0215 ANNUAL CONTRACT AMOUNT:N/A AMENDED AMOUNT:N/A INSURANCE REQUIREMENTS:YES PERFORMANCE BOND:N/A APPLICABLE ORDINANCES:N/A Notes:Funds allocated from the various sources of funds from theuser departments and agencies,subject to availability offundsandbudgetaryapprovalatthe time ofneed. Thecontracthasbeen renewed forthe period ofJune 16,2016throughJune 15,2017. SECTION #3 -REQUESTING DEPARTMENT INFORMATION TECHNOLOGY Contract Administrator:StuartHenry Phone:(305)416-1566 SECTION #4 -PROCURING AGENCY CITY OFMIAMI,PROCUREMENT DEPARTMENT Buyer:Pearl Bethel Phone:(305)416-1949 Fax:(305)416-1925 Prepared By:Max Sagesse,5/27/2016 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDETO ASSIST YOUWITHTHEINFORMATION CONTAINEDHEREIN IS AVAILABLE IN THEISUPPLIERINFORMATIONSECTIONOFOUR WEBPAGE AT: www,miamiaov.com/procu rement Initial iv IFB NO.: DESCRIPTION: CONTRACT PERIOD: TERM OF CONTRACT: COMMODITY CODE: 391322(19) DOCUMENTMANAGEMENT SOFTWARE,HARDWAREAND SERVICES JUNE16,2014 THROUGH JUNE 15,2016 TWO(2)YEARS WITHTHEOPTIONTO RENEW FOR THREE(3)ADDITIONALONE-YEARPERIODS 920 SECTION #1 -VENDOR AWARD MCCI,LLC 1700 Capital Circle SW Tallahassee,FL 32310 Contact:DonnyBarstow Phone:(800)342-2633 Fax:(850)701-0715 Email:dwb@.mccinnovaitons.com SECTION#2-AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES C.C.AWARD DATE:JUNE12,2014 RESOLUTION NO:14-0215 ANNUAL CONTRACT AMOUNT:N/A Note:Funds allocated from the various sources AMENDED AMOUNT:N/A INSURANCE REQUIREMENTS:YES PERFORMANCE BOND:N/A APPLICABLE ORDINANCES:N/A offunds from theuserdepartmentsandagencies,subjectto availability offundsandbudgetaryapproval at the time of need. SECTION #3 -REQUESTING DEPARTMENT RISK MANAGEMENT ContractAdministratorLatanya Johnson Phone:(305)416-1659 SECTION #4 -PROCURING AGENCY CITYOF MIAMI,PURCHASING DEPARTMENT Buyer:TahliaGray Phone:(305)416-1912 Fax:(305)416-1925 Prepared By:Aimee Gandarilla,7/14/14 A CONTRACT AWARDSHEETINSTRUCTIONAL GUIDE TOASSISTYOUWITHTHE INFORMATION CONTAINED HEREIN IS AVAILABLE INTHE ISUPPLIER INFORMATION SECTION OFOURWEBPAGE AT: www.miamiQov.com/Drocurement IFB 391322 •DOCUMENT MANAGHWINT SOFTWARE,HARDWARE,AND SERVICES THEDRSGROUPOF FLORIDA,INC (NON-LOCAL) e MCCI,LLC (NON-LOCAL) INFORMATION CONSULTANTS,INC (LOCAL)t BID LINE ITEM PERCENTAGE DISCOUNT PERCENTAGEDISCOUNT PERCENTAGE DISCOUNTTOM#l -Percentage Discount off Manufacturer PublishedPriceUstor Catalog,for the purchase of Laserfiche Products and Services i ! i o !N i i| Product:6.75%on Laserfiche Product LSAP:10%on laserfiche Softweare Assurance Plan.Discount requires active SLA with MOD. t kase*fi€he-Wof£%: (injaddftion tothe quantity discounted rajes LaserficheProductsand Services offered shall Include:United,Avante,RIO,and Laserfiche SoftwareAssurancePlan (LSAP)Basic and Premium. wncicu iti baiaiugj ! !w 1Laserfiche0vante:5% Laserfiche UnltiS-Won Fnrfiratorf \ ITEM#2-Percentage Discount off Manufacturer PublishedPriceListor Catalog,for the purchase of Fujitsu Scanner Products and Services i i 1 l NO BID i ! !"»: (Pi blisbed Prices Include best prices offerjed) Ej Fujitsu ScannerProducts and Services offered shallinclude:Scanners,Maintenance,Service, Accessories,and Software i 20% ft ITEM #3-Percentage Discount,off Manufacturer Published PriceUstor Catalog,for the purchase of Gontex Scanner Products and Services $ 8* N S NO BID s--, i P NcftlD | N 1 sj Contex Scanner Products and Services offered shallinclude:Scanners, Maintenance,Service,Accessories,and Software. ITEM #4 -Percentage Discount;off Manufacturer PublishedPriceUstor Catalog,for the;purchase of Kofax Software Products and Services i V 1 NO BID ————-^__^___ i 1 V nAid Created by:YusbelGonzalez,CPPB 4/23/2014 1QF2 Createdby:YusbelGonzalez,CPPB4/23/2014 TABULATION IFB 391322 -DOCUMEffT MANA6EW2EWT SOFTWARE,HARDWARE,AND SERVICES THEDRSGROUPOF FLORIDA,INC ° (NON-LOCAL) *Deemed non-responsive perSection1.28 of the IFB.Failedto meet the requirements of formal solicitationunderSection2.7(3)and Section 23.At time of bid.Bidderhadonly completed one(1)municipality-wideInstallation in the State of Florida.The IFB required that a Bidder have completed at least two (2).Bidder alsofailed to Include manufacturer pricelists that clearly showed the date of issuance and effective date.Furthermore,Bidderfailed to include documentation confirming that itIs either a manufacturer or manufacturer/distributor authorized reseller/dealer/service provideroftheproduct brands shown in Line 2,3,and4 of the IFB. MCG,LLC (NON-LOCAL) INFORMATION CONSULTANTS,INC (LOCAL)f tDeemednon-responsiveperSection1.28of the IFB.Bidder Failed to follow the requirements ofthe formal solicitation under Section 2.9 - Discount Percentage andPublishedPrice Ust. Bidderfailedtoindicatethepercentagediscount for the LaserficheUnitedproductandfurther failedtoincludethemanufacturerpublished price list forLaserficheUnitedproducts.Bidder alsofailedtoindicateapercentagediscount off manufacturersuggestedpublishedpricelistor catalogfor the purchaseof Fujitsu Scanner Products and Services. Department Director/besignee Approved TABULATION -CONTINUED IFB 391322 -DOCUMENT MANAGEMENT SOFTWARE,HARDWARE,AND SERVICES BALANCE OF LINE (PER SECTION 2,10 OF THE iFB) MCCP (NON-LOCAL) SERVICE Setup Services (perhour) Training Services (perhour) Development (Integration)Services(perhour) Customized Laserfiche services,such asare currently employed for automated bulk Importantion and automated GS1-SL Retention Scheduling (per hour) MCCI Integration between Laserfiche and Legfstar (Granku's Legislative Management Suite MCCI Integration between LeglstarandMunicode Access to Training Center for Laserfiche"-Created and Maintained byMCCI 1stYearof Managed Services (Up to10 Hours) Discount on Scanning Services (Assuming Miami becomes an MCO Laserfiche j Client) PERCENTAGE DISCOUNT 10% 10% 10% 10% Onlyavailable through MCCI as LF VAR Onlyavailable through MCCI as LF VAR UponRelnstantement:Nochargefor1styearof subscription Upon Relnstantement:Nochargefor 1st year of LSAP renewal SpecialGovernment Pricing -Pleasesee attached 'Oaifficatfon provided b | o AllMCQServices are eligible forthe10%discountoff MSRP *All MCCI Products (with the exception ofthe Laserfiche/Legistar and Municode/Legistar integrations)are eligible for the 6.75% discount offMSRP.This was the same percentage offered on Laserfiche software.Support for MCQ products Is offered atthe same 10%discount asis Laserfiche support,aslong asthe City has an active MCO SLA. oAll Third Party Products and Support are available for purchase at the prices noted in MCO's original response. oThe Granlcus Suite Subscriptions have the 3%discount as noted In MCO's original submission. Createdby:Yusbel Gonzalez,CPPB 4/23/2014 10F2 TABULATION -CONTINUED IFB 391322-DOCUMENT MANAGEMENT SOFTWARE,HARDWARE,AND SERVICES BALANCE OF LINE (PER SECTION 2.10OF THE IFB) Ontifin #3 -$100for 700 +hrs. Deemed non-responsive perSection 1.28 ofthe IFB.Bidder Failed to follow the requirements ofthe formal solicitation underSection 2.9-Discount Percentage and Published Price List Bidder failed to indicate the percentage discount for the Laserfiche United product and further failed to include the manufacturer published price listforLaserfiche United products.Bidder also failed to Indicate a percentage discount off manufacturer suggested published price list orcatalog for the purchase of Fujitsu Scanner Products and Services. THE DRS mom OF FLORIDA,8WC fMQM-LQCMj SERVICE Setup Services (perhour) Development (Integration)Services(perhour) Customized Laserficheservices,such < automated bulk Importantfon and au (per hour) nent Maintenance (per hour) PERCENTAGE DISCOUNT $180.00 PER HOUR $180.00 PER HOUR $180.00 PERHOUR S-SLRe $180.00 PER HOUR $150.00 PERHOUR Deemed non-responsive per Section 1.2B ofthe IFB.Failed to meet the requirements of formal solicitation under Section 2.7 (3)and Section 2.9.Attime ofbid,Bidder had only completed one (1)municipality-wide installation In theState of Florida.The IFB required that a Bidder have completed at least two (2).Bidder also failed to include manufacturer price lists that clearly showed the date of issuance and effective date.Furthermore,Bidder failed to include documentation confirming that It iseither a manufacturer or manufacturer/distributor authorized reseller/dealer/service provider ofthe product brands shown In Line 2,3,and 4ofthe IFB. Approved Created by:Yusbel Gonzalez,CPPB 4/23/2014 bv;C^^/u^(^Qm^ DepartmentDirector/Designee 2OF2 Title: IFB Closing Date/Time: Pre-Bid Conference: Pre-Bid Date/Time: Pre-Bid Location: Deadline for Request for Clarification: Boayer: Hard Copy Submittal Location: Buyer E-Mail Address: Buyer Facsimile: Purchasing Department Miami Riverside Center 444 SW 2nd Avenue,6*Floor Miami,Florida 33130 WebSiteAddress:http://ci.nriiami.fl.us/procurement 391322,1 Invitation for Bid for Document Management Software,Hardware,and Services ll-DEC-2013 01/14/2014 @11:00:00 Tuesday,December 24,2013 at 5:00 PM Gonzalez,Yusbel City of Miami -City Clerk 3500 Pan American Drive Miami FL 33133 US YGonzalez@miamigov.com (305)400-5104 Page1 of37 Certification Statement Please quote on this form,if applicable,net prices for the item(s)listed.Return signed original and retain acopy for your files.Prices should include all costs,including transportation to destination.The City reserves the right to accept or reject all or any part of this submission.Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals,the unit prices shall govern in determining the quoted We (I)certify that we have read your solicitation,completed the necessary documents,and propose to furnish and deliver,F.O.B.DESTINATION,the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations,or debarred or suspended as set in section 18-107or Ordinance No.12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section).r EXCEPTIONS: We (I)certify that any and all information contained in this submission is true;and we (I)further certify mat this submission is made without prior understanding,agreement,or connection with any corporation,firm,or person submitting a submission for the same materials,supplies,equipment,or service,and is in all respects fair and without collusion or fraud.We (I)agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME: ADDRESS: PHONE:.FAX: EMAIL:.BEEPER: SIGNED BY:__^__ TITLE:__DATE: FAimRE TO COMTI.KTK.WGN.ANP RETURN THIS form shall msoilAi.iFV this «.n 12 Page 2of 37 Certifications Legal Name of Firm: Entity Type:Partnership,Sole Proprietorship,Corporation,etc. Year Established: Office Location:City of Miami,Miami-Dade County,or Other Office Address,including City,State,and Zip Code: Full Name of Bidder's Representative,including Telephone Number,Fax Number,and Email Address: Occupational License /Business Tax Receipt Number: Occupational License /Business Tax Issuing Agency: Occupational License /Business Tax Expiration Date: Please list and acknowledge all addendum/addenda received.List the addendum/addenda number and date ofreceipt (i.e.Addendum No.1,7/1/07).If no addendum/addenda was/were issued,please insert N/A Reference No.1:Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation,or has provided such services/goods in the past: Reference No.1:Address,City,State,and Zip for above reference company/agency listed: Reference No.1:Name of Contact Person,Telephone Number,and E-mail Address for above reference no.1 Page3 of 37 Reference No.1:Date of Contract orSalefor above reference no.1 Reference No.2:Name of Company/Agency for which bidder is currently providing the services/goods as described inthis solicitation,or has provided such services/goods in the past: Reference No.2:Address,City,State,and Zip for above reference company/agency listed: Reference No.2:Name of Contact Person,Telephone Number,and E-mail Address for above reference no.2 Reference No.2:Date of Contract orSalefor above reference no.2 Reference No.3:Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation,orhas provided such services/goods in the past: Reference No.3:Address,City,State,and Zip for above reference company/agency listed: Reference No.3:Name of Contact Person,Telephone Number,and E-mail Address for above reference no.3 Reference No.3:Date of ContractorSaleforabovereferenceno.3 Have you completely filled out and included with your bidresponse ATTACHMENT A-Bid Price Sheet?YESORNO?(AttachmentAis located under the Header/Notes and Attachments Section ofthe IFB,inthe Oracle/iSupplier Sourcing system) Have you included with your bid response the documentation/information requested in ATTACHMENT B-Bidder's Minimum Qualifications Documentation Checklist?YESORNO?(This checklist is located under the Header/Notes and Attachments Section of the IFB,in the Oracle Sourcing system) 84 Page 4of37 If Bidder has aLocal Office,as defined under Chapter 18/Articlle III,Section 18-73 ofthe City Code, has Bidder filled out,notarized,and included with its bid response the "City of Miami Local Office Certification"form?YES OR NO?(The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"),under the Header/Notes and Attachments Section of this solicitation) 55 Page 5of37 Line:1 Description:BIDDERS ARE NOT REQUIRED TO ENTER A UNIT PRICE IN THIS LINE. BIDDERS SHALL SUBMIT THEIR BID PRICES UTILIZING ATTACHMENT A-BID PRICE SHEET,LOCATED UNDER THE HEADER/NOTES AND ATTACHMENTS SECTION OF THIS SOLICITATION IN THE ORACLE/iSUPPLIER SOURCING SYSTEM. Category:92045-00 Unit of Measure:Each Unit Price:$Number of Units:Total:$ •*Page 6 of 37 InvitationforBid(IFB)391322,1 Table ofContents Terms and Conditions g 1.General Conditions 8 1.1.GENERAL TERMS AND CX)NDmONs""Z 8 2.Special Conditions ~« 2.1.PURPOSE Z".Z 28 2.2.DEADLINE FOR RECEIPT OF REQUEST FOR '^DmONAL INFORMATION/CLARIFICATION 9o 2.3.TERM OF CONTRACT ~8 2.4.CONDITIONS FOR RENEWAL 28 2.5.NON-APPROPRIATION OF FUNDS jl 2.6.METHOD OF AWARD to 2.7.BIDDERS MINIMUM QUALIFICATIONS ...Z*.oo2.8.DELIVERY 29 2.9.DISCOUNT PERCENTAGE AND PUBUSlrffiD PWCE LISTS 10 2.10.BALANCE OF LINE Z 2.11.FAILURE TO PERFORM 30 2.12.INSURANCE REQUIREMENTS 3V 2.13.METHOD OF PAYMENT ZZ 32 2.14.PACKING SLIP/DELIVERY TICKET TO AC(X)i^^'™33 2.15.RESPONSE TIME 33 2.16.ADDrnON/DELETTON OF ITEMS/PRODUCTS/SER^CES 33 2.17.CONTRACT ADMINISTRATOR «2.18.TIE BIDS 33 2.19.LIQUIDATED DAMAGES ZZZZZZZZZZ!!ZZ!!~Z!I 34 2.20.MATERIALS SHALL BE NEW AND WARRANTED AG/^ST DEFiEror'"342.21.WARRANTY iZ 2.22.REFERENCES 34 2.23.SPECIFICATION EXCEPTIONS 35 2.24.MAINTENANCE OF SCANNERS „35 2.25.TERMINATION 35 226.ADDITIONAL TERMS AND CONDITIONS ...Z."35 2.27.PRIMARY CLIENT (FIRST PRIORITY)!"'"1ZZZZ!ZZ 363.Specifications 37 3.1.SPECIFICATIONS/SCOPE OF W0^'"ZZZZZZZZ11ZZ"^ Page7 of37 17 InvitationforBid(IFB)391322,1 Terms and Conditions 1.General Conditions 1.1.GENERAL TERMS AND CONDITIONS Intent:The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services withanestimatedaggregate cost of $25,000.00 ormore. Definition:A formal solicitation is defined as issuance of an Invitation for Bids,Request for Proposals,Request for Qualifications,orRequest for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law,asamended.Formal SolicitationandSolicitationshallbedefinedinthesamemannerherein. 1.1.ACCEPTANCE OFGOODS OR EQUIPMENT -Any good(s)or equipment delivered under this foimal solicitation,if applicable,shall remain the property of the seller until a physical inspection and actual usage of the good is made,and thereafter is accepted as satisfactory to the City.It must comply with the terms herein and be fully in accordance with specifications and of the highest quality.In the event the goods/equipment supplied to the City are found to be defective ordoes not conform to specifications,the City reserves the right to cancel the order upon written notice tothe Contractor and return the product to the Contractor at the Contractor's expense. 1.2.ACCEPTANCE OF OFFER -The signed orelectronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer;such offer shall be deemed accepted upon issuance by the City of apurchaseorder. 13.ACCEPTANCE/REJECTION -The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re-issuance on the goods/services described inthe formal solicitation.In the event of such rejection,the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection.The City also reserves the right to reject the response ofany bidder/proposer who has previously failed to properly perform under the terms and conditions ofa contract,to deliver on time contracts ofa similar nature,and who is not ina position to perform the requirements defined in this formal solicitation.The City further reserves the right to waive any irregularities or minor informalities ortechnicalities in anyorall responses andmay,atits discretion,re-issuethis formal solicitation. 1.4.ADDENDA -Itisthe bidder's/proposer's responsibility to ensure receipt of all Addenda.Addenda are available atthe City's website at:http://vvww.ci.miami.fl.us/procurement 1.5.ALTERNATE RESPONSES MAY BE CONSIDERED -The City may consider one (1)alternate response from the same Bidder/Proposer for the same formal solicitation;provided,that the alternate response offers a different product that meets or exceeds the formal solicitation requirements.In order for the City to consider an alternate response,the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response".Alternate response shall be placed inthe same response.This provision only applies to formal solicitations for the procurement of goods,services,items,equipment,materials,and/or supplies. 1.6.ASSIGNMENT -Contractor agrees not to subcontract,assign,transfer,convey,sublet,or otherwise dispose of the resulting Contract,or any or all of its right,title or interest herein,without City of Miami's prior written consent. 1.7.ATTORNEY'S FEES -In connection with any litigation,mediation and arbitration arising out ofthis Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post-judgment Page8 of 37 98 InvitationforBid(IFB)391322,1 proceedings. 1.8.AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City,or to any ofits duly authorized representatives,to any books,documents,papers, and records of Contractor which are directly pertinent to this formal solicitation,for the purpose of audit, examination,excerpts,and transcriptions.The Successful Bidder/Proposer shall maintain and retain any and all of the books,documents,papers and records pertinent to the Contract for three (3)years after the City makes final payment and all other pending matters are closed.Contractor's failure to or refusal to comply with this condition shall result inthe immediate cancellation of this contract by the Chy. 1.9.AVAILABILITY OF CONTRACT STATE-WIDE -Any Governmental,not-for-profit or quasi-governmental entity in the State of Florida,may avail itself of this contract and purchase any and all goods/services,specified herein from the successful bidder(s)/proposer(s)at the contract price(s)established herein, when permissible by federal,state,and local laws,rules,and regulations. Each Governmental,not-for-profit or quasi-governmental entity which uses this formal solicitation and resulting bid contract oragreement will establish its own contract/agreement,place its own orders,issue its own purchase orders, be invoiced there from and make its own payments,determine shipping terms and issue its own exemption certificates as required bythe successful bidder(s)/proposer(s). 1.10.AWARD OF CONTRACT: A.The Formal Solicitation,Bidder's/Proposer's response,any addenda issued,and the purchase order shall constitute the entire contract,unless modified in accordance with any ensuing contract/agreement,amendment or addenda. B.The award ofa contract where there are Tie Bids will be decided bythe Director of Purchasing or designee inthe instance that Tie Bids can't be determined by applying Florida Statute 287.087,Preference to Businesses with Diug-FreeWorkplace Programs. C The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions orTechnical Specifications.Bidder/Proposer shall bein default of its contractual obligation if such documents are not submitted in atimely manner and inthe form required bythe City.Where Bidder/Proposer is indefault of these contractual requirements,the City,through action taken bythe Purchasing Department,will void its acceptance of the Bidder's/Proposer's Response and may accept die Response from the next lowest responsive,responsible Bidder or Proposal most advantageous to the City orre-solicit the City's requirements.The City,at its sole discretion,may seek monetary restitution from Bidder/Proposer and its bid/proposal bond orguaranty,if applicable,as a result of damages or increased costs sustained as a result of the Bidder's/Proposer'sdefault. D.Theterm ofthe contract shall be specified inone ofthree documents which shall be issued tothe successful Bidder/Proposer.These documents may either bea purchase order,notice of award and/or contract award sheet. E.The City reserves the right to automatically extend this contract for up to one hundred twenty (120)calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited,evaluated,and/or awarded.If the right isexercised,the City shall notify the Bidder/Proposer,in writing,ofits intent to extend the contract at the same price,terms and conditions for a specific number of days.Additional extensions over the first one hundred twenty (120)day extension may occur,if,the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F.Where the contract involves a single shipment of goods to the City,the contract term shall conclude upon completion ofthe expressed orimplied warranty periods. Page9 of37 89 InvitationforBid (IFB)391322,1 G.The City reserves the right to award the contract ona split-order,lump sumor individual-item basis,or such combination as shall best serve the interests of the City unless otherwise specified. H.A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein.Asa result ofa RFP,RFQ,or RFLI,the City reserves the right to execute ornotexecute,as applicable,an Agreement with the Proposer,whichever is determined tobeinthe City's best interests.Such agreement will be furnished by the City,will contain certain terms as are in the City's best interests,and will be subject to approval as to legal form by the City Attorney. 1.11.BID BOND/BID SECURITY -A cashier's or certified check,or a Bid Bond signed by arecognized surety company that is licensed to do business inthe State of Florida,payable to the City of Miami,for the amount bid is required from all bidders/proposers,if so indicated under the Special Conditions.This check or bond guarantees that a bidder/proposer will accept the order orcontract/agreement,as bid/proposed,ifitis awarded to bidder/proposer.Bidder/Proposer shall forfeit bid deposit tothe City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the awaixl.The City reserves the right to reject any and all surety tendered to the City.Bid deposits are returned to unsuccessful bidders/proposers within ten (10)days after the award and successful bidder's/proposer's acceptance of award.If sixty (60)days have passed after the date of the formal solicitation closing date,and no contract has been awarded,all bid deposits will be returned on demand. 1.12.RESPONSE FORM (MARDCOPY FORMAT)-All forms should be completed,signed and submitted accordingly. 1.13.BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute an Agreement and/or file an acceptable Performance Bond,when required,as provided herein,shall bejust cause for the annulment of the award and the forfeiture of the Bid Security to the City,which forfeiture shall be considered,not as a penalty,but in mitigation of damages sustained.Award may then be made to the next lowest responsive,responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14.BRAND NAMES -If and wherever in the specifications brand names,makes,models,names of any manufacturers,trade names,or bidder/proposer catalog numbers are specified,it is for the purpose ofestablishing the type,function,minimum standard of design,efficiency,grade or quality of goods only.When the City does not wish to rule out other competitors'brands or makes,the phrase "OR EQUAL"is added.When bidding/proposing an approved equal,Bidders/Proposers will submit,with their response,complete sets ofnecessary data (factory information sheets,specifications,brochures,etc.)in order for the City to evaluate and determine the equality ofthe item(s)bid/proposed.The City shall be the sole judge of equality and its decision shall be final.Unless otherwise specified,evidence in the form of samples may be requested if the proposed brand is other than specified by the City.Such samples are to be furnished after formal solicitation opening/closing only upon request ofthe City.If samples should be requested,such samples must be received by the City no later than seven (7)calendar days after aformalrequestismade. 1.15.CANCELLATION -The City reserves the right to cancel all formal solicitations before its opening/closing. In the event ofbid/proposal cancellation,the Director ofPurchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16.CAPITAL EXPENDITURES -Contractor understands that any capital expenditures that the firm makes,or prepares to make,in order to deliver/perform the goods/services required by the City,isa business risk which the contractor must assume.The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor.If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services,it shall not have any claim upon the City. 1.17.CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable Page10 of 37 20 InvitationforBid(IFB)391322,1 for,or responsible to,the Bidder/Proposer/Consultant,any sub-contractor/sub-consultant,or to any other person for, or on account of,any stoppages or delay iri the work herein provided for by injunction or other legal or equitable proceedings oron account of any delay for any cause over which the City has no control. 1.18.COLLUSION -Bidder/Proposer,by submitting aresponse,certifies that its response is made without previous understanding,agreement or connection either with any person,firm or corporation submitting aresponse for the same items/services or with the City of Miami's Purchasing Department or initiating department The Bidder/Proposer certifies that its response is fair,without control,collusion,fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict ofInterest and Code ofEthics Laws.The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19.COMPLIANCE WITH FEDERAL,STATE AND LOCAL LAWS-Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations,including laws pertaining to public records,conflict of interest,records keeping,etc.City and Contractor agree to comply with and observe all applicable laws,codes and ordinances as that may in any way affect the goods or equipment offered,including but not limited to: A.Executive Order 11246,which prohibits discrimination against any employee,applicant,or client because of race,creed,color,national origin,sex,or age with regard to,but not limited to,the following:employment practices,rate of pay orother compensation methods,and training selection. B.Occupational,Safety and Health Act (OSHA),as applicable to this Formal Solicitation. C The State of Florida Statutes,Section 287.133(3XA)on Public Entity Crimes. D.Environment Protection Agency (EPA),as applicable to this Formal Solicitation. E.Uniform Commercial Code (Florida Statutes,Chapter 672). F.Americans with Disabilities Act of 1990,as amended. G.National Institute of Occupational Safety Hazards (NIOSH),as applicable to this Formal Solicitation. H.National Forest Products Association (NFPA),as applicable to this Formal Solicitation. I.City Procurement Ordinance CityCode Section 18,ArticleIII. J.Conflict of Interest,CityCodeSection 2-611;61. K.Cone of Silence,CityCodeSection 18-74. L.The Florida Statutes Sections 218.73 and 218.74 onPrompt Payment Lack of knowledge bythe bidder/proposer will in no way be a cause for relief from responsibility.Non-compliance with all local,state,and federal directives,orders,and laws may be considered grounds for termination of contracts). Copies ofthe City Ordinances may be obtained from the City Clerk's Office. 1.20.CONE OF SILENCE -Pursuant to Section 18-74 of the City of Miami Code,a"Cone of Silence"is imposed upon each RFP,RFQ,RFLI,orIFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission.The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works orimprovements for amounts greater than $200,000.The Cone of Silence prohibits any communication regarding RFPs,RFQs,RFLI or IFBs (bids)between,among others: Page11 of 37 2B InvitationforBid(IFB)391322,1 Potential vendors,service providers,bidders,lobbyists or consultants and the City's professional staff including,but not limited to,the City Manager and the City Manager's staff;the Mayor,City Commissioners,or their respective staffs and any member ofthe respective selection/evaluation committee. The provision does not apply to,among other communications: oral communications with the City purchasing staff,provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document;the provisions ofthe Cone of Silence do not apply to oral communications atduly noticed site visits/inspections,pre-proposal or pre-bid conferences,oral presentations before selection/evaluation committees,contract negotiations during any duly noticed public meeting, or public presentations made tothe Miami City Commission during a duly noticed public meeting;or communications in writing or by email at any time with any City employee,official or member of the City Commission unless specifically prohibited bythe applicable RFP,RFQ,RFLI orIFB (bid)documents (See Section 2.2.of the Special Conditions);orcommunications in connection with the collection of industiy comments orthe performance of market research regarding a particular RFP,RFQ,RFLI OR IFB by City Purchasing staff. Proposers orbidders must file a copy of any written communications with the Office of the City Clerk,which shall be made available to any person upon request.The City shall respond in writing and file a copy with the Office of the City Clerk,which shall be made available to any person upon request.Written communications may beinthe form ofe-mail,witha copy tothe Office oftheCity Clerk. In addition to any other penalties provided by law,violation of the Cone of Silence by any proposer or bidder shall render any award voidable.A violation bya particular Bidder,Proposer,Offeror,Respondent,lobbyist or consultant shall subject same to potential penalties pursuant tothe City Code.Any person having personal knowledge ofa violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission.Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence.Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence.You may contact the City Clerk at 305-250-5360,to obtain acopy of same. 1.21.CONFIDENTIALITY -Asa political subdivision,the City of Miami is subject to the Florida Sunshine Act and Public Records Law.If this Contract/Agreement contains a confidentiality provision,it shall have no application when disclosure is required by Florida law or upon court order. 1.22.CONFLICT OF INTEREST -Bidders/Proposers,by responding to this Formal Solicitation,certify that to the best oftheir knowledge or belief,no elected/appointed official or employee ofthe City of Miami is financially interested,directly or indirectly,in the purchase of goods/services specified in this Formal Solicitation.Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City.Further,you must disclose the name of any City employee who owns,directly orindirectly,an interest of five percent (5%)or more ofthe total assets of capital stockinyour firm. A.Bidder/Proposer further agrees not to use or attempt to use any knowledge,property or resource which may be within his/her/its trust,or perform his/her/its duties,to secure a special privilege,benefit,or exemption for himselfTherself/itself,orothers.Bidder/Proposer may not disclose oruse information not available to members of the general public and gained by reason of his/her/its position,except for information relating exclusively to governmental practices,for his/her/its personal gain or benefit or for the personal gain or benefit of any other person orbusinessentity. B.Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City,and has not appeared in representation ofany third party before any Page12 of 37 22 InvitationforBid(IFB)391322,1 board,commission or agency of the City within the past two years.Bidder/Proposer further warrants that he/she/it is not related,specifically the spouse,son,daughter,parent,brother or sister,to:(i)any member ofthe commission; (ii)the mayor,(iii)any city employee;or (iv)any member of any board or agency of the City. C.A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City,imposition of the maximum fine and/or any penalties allowed by law. Additionally,violations may beconsidered by and subject to action bythe Miami-Dade County Commission on Ethics. 1.23.COPYRIGHT OR PATENT RIGHTS -Bidders/Proposere warrant that there has been no violation of copyright orpatent rights in manufacturing,producing,or selling the goods shipped or ordered and/or services provided as a result ofthis formal solicitation,and bidders/proposers agree to hold the City harmless from any and all liability,loss,orexpense occasioned byany such violation. 1.24.COST INCURRED BY BIDDER/PROPOSER -All expenses involved with the preparation and submission of Responses tothe City,or any work performed in connection therewith shall be borne by die Bidder(s)/Proposer(s). 1.25.DEBARMENT AND SUSPENSIONS (Sec 18-107) (a)Authority and requirement to debar and suspend.After reasonable notice to an actual or prospective Contractual Party,and after reasonable opportunity for such party to be heard,the City Manager,after consultation with the Chief Procurement Officer and the city attorney,shall have die authority to debar aContractual Party,for the causes listed below,from consideration for award of chy Contracts.The debannent shall be for a period of not fewer than three years.The City Manager shall also have the authority to suspend aContractual Party from consideration for award of city Contracts if there is probable cause for debarment,pending the debarment determination.The authority to debar and suspend contractors shall beexercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager,the chy attorney,and the City Commission. (b)Causes for debarment or suspension.Causes for debannent or suspension include the following: (1)Conviction for commission ofa criminal offense incident to obtaining orattempting to obtain a public or private Contract or subcontract,orincident tothe performance of such Contract or subcontract. (2)Conviction under state or federal statutes of embezzlement,theft,forgery,bribery,falsification or destruction of records,receiving stolen property,or any other offense indicating a lack of business integrity or business honesty. (3)Conviction under state or federal antitrust statutes arising out ofthe submission of Bids or Proposals. (4)Violation of Contract provisions,which is regarded by the Chief Procurement Officer tobe indicative of nonresponsibility.Such violation may include failure without good cause to perform in accordance with the terms and conditions ofa Contract orto perform within the time limits provided ina Contract,provided that failure to perform caused by acts beyond the control ofa party shall not be considered a basis for debarment or suspension. (5)Debarment or suspension ofthe Contractual Party by any federal,state orother governmental entity. (6)False certification pursuant to paragraph (c)below. (7)Found in violation ofa zoning ordinance or any other city ordinance orregulation and for which Page13 of 37 23 InvitationforBid(IFB)391322,1 theviolationremainsnoncompliant. (8)Found inviolation of azoning ordinance oranyothercity ordinance or regulation andforwhicha civil penalty orfineisdueandowingto the city. (9)Anyothercausejudged bytheCity Manager tobeso serious and compelling astoaffectthe responsibility ofthe Contractual Party performing city Contracts. (c)Certification.All Contracts for goods and services,sales,and leases bythecity shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted ofany ofthe violations set forth above or debarred or suspended asset forth in paragraph (b)(5). (d)Debarment and suspension decisions.Subject tothe provisions of paragraph (a),the City Manager shall render a written decision stating the reasons for the debarment or suspension.A copy ofthe decision shall be provided promptly tothe Contractual Party,along witha notice of said party's right toseek judicial relief. 1.26.DEBARRED/SUSPENDED VENDORS -An entity or affiliate who has been placed ontheState of Florida debarred or suspended vendor list may notsubmit a response ona contract to provide goods or services toa public entity,may not submit a response on a contract with a public entity for the construction or repair ofa public building orpublic work,may not submit response on leases of real property toa public entity,maynotaward or perform work as a contractor,supplier,subcontractor,or consultant under contract with any public entity,and maynot transact businesswithanypublicentity. 121.DEFAULT/FAILURE TO PERFORM -The City shall bethe sole judge of nonperformance,which shall include any failure onthe part of the successful Bidder/Proposer to accept the award,to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default bythe successful Bidder/Proposer to meet any terms of this agreement,the City will notifythe Bidder/Proposer ofthedefault and will provide the contractor three (3)days (weekends and holidays excluded)to remedy die default Failure onthe contractor's part to correct the default within the required three (3)days shall result in die Contract being terminated and upon the City notifying in writing the contractor ofits intentions and the effectivedate ofthe termination.The following shall constitute default: A.Failure to perform theworkor deliver the goods/services required under the Contract and/or within thetime required or failing to use the subcontractors,entities and personnel as identified and set forth,and tothe degree specifiedintheContract. B.Failure to begin the work under this Contract within the time specified. C.Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D.Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming withthe terms of theContract. E.Becoming insolvent,being declared bankrupt,or committing any act of bankruptcy or insolvency,ormaking an assignment for the benefit of creditors,if the insolvency,bankruptcy,or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F.Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result ofa default ora default incurred beyond the time limits stated, together with the cost of completing the work,shall be deducted from any monies due or which may become due on Page14 of 37 24 InvitationforBid(IFB)391322,1 this Contract. 1.28.DETERMINATION OF RESPONSIVENESS -Each Response will be reviewed to determine ifitis responsive to the submission requirements outiined in the Formal Solicitation.A "responsive"response is one which follows the requirements ofthe formal solicitation,includes all documentation,is submitted in the format outiined in the formal solicitation,is oftimely submission,and has appropriate signatures as required on each document.Failure to comply with these requirements may deem a Response non-responsive. 1.29.DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount Prices offered in the response shall be fixed after the award by the Commission,unless otherwise specified in the Special Terms and Conditions. Price discounts offthe original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term ofthe contract Such discounts shall remain in effect for aminimum of120 days from approval by the City Commission Any discounts offered by amanufacturer to Bidder/Proposer will be passed on to the City. 130.DISCREPANCIES*ERRORS,AND OMISSIONS -Any discrepancies,errors,or ambiguities in the Formal Solicitation or addenda (ifany)should be reported in writing to the City's Purchasing Department Should itbe found necessary,awritten addendum will be incorporated in the Foimal Solicitation and will become part ofthe purchase agreement (contract documents).The City will not be responsible for any oral instructions,clarifications, or other communications. A.Order of Precedence -Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents,the first of such list being the governing documents. 1)Addenda(as applicable) 2)Specifications 3)Special Conditions 4)General Terms and Conditions 131.EMERGENCY /DISASTER PERFORMANCE -In the event ofahurricane or other emergency or disaster situation,die successful vendor shall provide the City with die commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response.Further,successful vendor shall deliver/perform for the city ona priority basis during such times of emergency. 132.ENTIRE BID CONTRACT OR AGREEMENT -The Bid Contract orAgreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section,Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,RFQs,and RFLIs,and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations,understanding and representations,if any,made by and between die parties.Tothe extent that the agreement conflicts with,modifies,alters or changes any ofthe terms and conditions contained in the Formal Solicitation and/or Response,the Formal Solicitation and then the Response shall control.This Contract may be modified onlybya written agreement signed bythe City of Miami and Contractor. 133.ESTIMATED QUANTITIES -Estimated quantities or estimated dollars are provided for your guidance only.No guarantee is expressed orimplied as to quantities that will be purchased during the contract period.The City isnotobligated to place an order for any given amount subsequent to the award of this contract.Said estimates may be used by the City for purposes of determining die low bidder or most advantageous proposer meeting specifications.The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower pricesinthisFormalSolicitation. 134.EVALUATION OF RESPONSES Page15 of 37 25 InvitationforBid(IFB)391322,1 A.Rejection of Responses TheCitymay reject a Response for anyofthe following reasons: 1)Bidder/Proposer fails to acknowledge receipt of addenda; 2)Bidder/Proposer mistates or conceals any material fact in the Response ; 3)Response does notconformtothe requirements ofthe Formal Solicitation; 4)Response requires a conditional award thatconflictswiththemethod of award; 5)Response does not include required samples,certificates,licenses as required;and, 6)Response was not executed bythe Bidder's/Proposer(s)authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected.The City may reject and re-advertise foralloranypartof the Formal Solicitationwheneveritisdeemedinthebestinterest ofthe City. B.Elimination From Consideration 1)A contract shall notbe awarded to any person or firm which isin arrears tothe City upon any debt or contract,or which isa defaulter as surety or otherwise upon any obligation totheCity. 2)A contract maynotbe awarded toany person or firm which has failed to perform under the terms and conditions of any previous contract withtheCityordeliverontime contracts of asimilarnature. 3)A contract maynotbe awarded to any person or firm which has been debarred bytheCityin accordance with theCity'sDebannentandSuspension Ordinance. C.Determination of Responsibility 1)Responses will only be considered from entities who are regularly engaged inthe business of providing the goods/equipment/services required bythe Formal Solicitation.Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity;and,have sufficient financial,material,equipment,facility, personnel resources,and expertise to meet all contractual requirements.The terms "equipment and organization"as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices inthe industry as determined bytheCity. 2)The Chy may consider any evidence available regarding the financial,technical and other qualifications and abilities ofa Bidder/Proposer,including past performance (experience)with the City or any other governmental entityin making theaward. 3)The City may require the Bidder(s)/Proposer(s)to show proof that they have been designated asan authorized representative ofa manufacturer or supplier which isthe actual source of supply,if required bythe Formal Solicitation. 135.EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section.Any exceptions to the General or Special Conditions shall be cause for the bid (IFB)tobe considered non-responsive.It also may be cause for a RFP,RFQ,orRFLItobe considered non-responsive;and,if exceptions are taken tothe terms and conditions ofthe resulting agreement itmay lead to terminating negotiations. 1.36.F.O.B.DESTINATION -Unless otherwise specified in the Formal Solicitation,all prices quoted/proposed by the bidder/proposer must beF.O.B.DESTINATION,inside delivery,with all delivery costs and charges included in the bid/proposal price,unless otherwise specified in this Formal Solicitation.Failure to do so may be cause for rejection of bid/proposal. Page16 of 37 2& InvitationforBid(IFB)391322,1 137.FIRM PRICES -The bidder/proposer warrants that prices,terms,and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation.Such prices will remain firm for the period of performance orresulting purchase orders or contracts,which are tobe performed orsuppliedoveraperiod oftime. 138.FLORIDA MINIMUM WAGE-The Constitution ofthe State of Florida,Article X,Section 24,states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida.Accordingly, itisthe contractor's and its'subcontractors)responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate,which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers,CPI-W,ora successor index as calculated bythe United States Department of Labor.Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect onthe following January 1st. At the time ofresponding,itis bidder/proposer and his/her subcontractors),if applicable,full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term ofthe contract If impacted,bidder/proposer must furnish employee name(s),job title(s),job description(s), and current pay rate(s).Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that die Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase requests).The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractualpriceincrease(s)determination. 139.GOVERNING LAW AND VENUE -The validity and effect of this Contract shall be governed by the laws of the State of Florida.The parties agree that any action,mediation orarbitration arising out of this Contract shall takeplacein Miami-Dade County,Florida. 1.40.HEADINGS ANDTERMS-The headings tothe various paragraphs ofthis Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying,amending or affecting inany way theexpressedtermsandprovisionshereof. 1.41.HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA)-Any person or entity that performs orassists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information QUE)and/or Protected Health Information (PHI)shall comply with the Health Insurance Portability and Accountability Act(HIPAA)of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy,security and electronic transfer standards,which include but are notlimitedto: A.Use of information only for performing services required by the contract or as required by law; B.Use ofappropriate safeguards to prevent non-permitted disclosures; C.Reporting totheCity ofMiami of any non-permitted useor disclosure; D.Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that HHI/PHI willbeheldconfidential; E.Making Protected Health Information (PHI)available tothe customer; F.Making PHI available tothe customer for review and amendment;and incorporating any amendments requested bythe customer, G.Making PHI available tothe City of Miami for an accounting of disclosures;and H.Making internal practices,books and records related to PHI available totheCity of Miami for compliance audits. Page17 of 37 27 InvitationforBid(IFB)391322,1 PHI shall maintain its protected status regardless of the form and method of transmission (paper records,and/or electronic transfer of data).The Bidder/Proposer must give its customers written notice of its privacy information practices including specifically,a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION -Contractor shall indemnify,hold harmless and defend the City,its officials,officers, agents,directors,and employees,from liabilities,damages,losses,and costs,including,but not limited to reasonable attorney's fees,to the extent caused bythe negligence,recklessness orintentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City,its officials,officers,agents,directors and employees against,any civil actions, statutory orsimilar claims,injuries ordamages arising or resulting from the permitted work,even ifitis alleged that the City,its officials and/or employees were negligent.These indemnifications shall survive theterm ofthis Contract.In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall,upon written notice from City,resist and defend such action or proceeding by counsel satisfactory to City.The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided byContractor shall in no way limit the responsibility to indemnify,keep and save harmless and defend the Chy or its officers,employees,agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding,or to provide for such defense,at City's option,any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor,or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration ofthe Contract.This indemnity will be interpreted under the laws of the State of Florida,including without limitation and which conforms tothe limitations of §725.06 and/or §725.08,Fla.Statues,as amended from time to time as applicable. Contractor shall require all Sub-Contractor agreements to include a provision that they will indemnify the Chy. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions ofthe Contractor in which the City participated either through review or concurrence of the Contractor's actions.In reviewing,approving orrejecting any submissions by the Contractor or other acts of the Contractor,the City in no way assumes or shares any responsibility or liability of the Contractor or Sub-Contractor,under this Agreement. 1.43.FORMATION AND DESCRIPTIVE LITERATURE -Bidders/Proposer must furnish all information requested in the spaces provided inthe Formal Solicitation.Further,as may be specified elsewhere,each Bidder/Proposer must submit for evaluation,cuts,sketches,descriptive literature,technical specifications,and Material Safety Data Sheets (MSDS)as required,covering the products offered.Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44.INSPECTIONS -The City may,at reasonable times during the term hereof,inspect Contractor's facilities and perform such tests,as the City deems reasonably necessary,to determine whether the goods and/or services required tobe provided bytheContractor under this Contract conform to the terms and conditions of the Formal Solicitation.Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance oftests or inspections by City representatives.All tests and inspections shall be subject to,and made in accordance with,the provisions ofthe City of Miami Ordinance No.12271 (Section 18-79),as same may be amendedorsupplementedfromtimetotime. 1.45.INSPECTION OF RESPONSE -Responses received bythe City pursuant toa Formal Solicitation will not be made available until such time as the City provides notice ofadecision or intended decision or within 30 days after bid closing,whichever is earlier.Bid/Proposal results will be tabulated and may be furnished upon request via Page18 of 37 28 InvitationforBid(IFB)391322,1 fax or e-mail to the Sr.Procurement Specialist issuing the Solicitation.Tabulations also are available on the City's WebSitefollowing recommendation for award. 1.46.INSURANCE -Within ten (10)days after receipt of Notice of Award,the successful Contractor,shall furnish Evidence of Insurance to the Purchasing Department,if applicable.Submitted evidence ofcoverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements".TheCity shall be listed asan "Additional Insured." Issuance ofa Purchase Order is contingent upon the receipt of proper insurance documents.If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified ofsuch deficiency and shall have an additional five (5)calendar days to submit a corrected certificate tothe City.If the Contractor foils to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15)calendar days after receipt Notice of Award,the contractor shall be in default ofthe contractual terms and conditions and shall not be awarded the contract.Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City.Information regarding any insurance requirements shall be directed to the Risk Administrator,Department of Risk Management,at 444 SW 2nd Avenue,9th Floor,Miami,Florida 33130,305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration ofthe contractual period;including any and all option terms that may be granted to die Bidder/Proposer. 1.47.INVOICES -Invoices shall contain purchase order number and details of goods and/or services delivered (i.e.quantity,unit price,extended price,etc);and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48.LOCAL PREFERENCE A.Chy Code Section 18-85,states,"when a responsive,responsible non-local bidder submits the lowest bid price,and the bid submitted by one or more responsive,responsible local bidders who maintain a local office,as defined in Section 18-73,is within fifteen percent (15%)of the price submitted bythe non-local bidder,then that non-local bidder and each ofthe aforementioned responsive,responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted bythe non-local bidder.Contract award shall be made tothe lowest responsive,responsible bidder submitting the lowest best and final bid.Inthe case ofatiein the best and final bid between a local bidder and a non-local bidder,contract award shall be made to the local bidder." B.City Code Section 18-86,states,"the RFP,RFLI orRFQ,as applicable,may,in the exercise ofthereasonable professional discretion of the City Manager,director of the using agency,and the Chief Procurement Officer, include a five (5%)percent evaluation criterion in favor of proposers who maintain a local office,as defined in Section 18-73.In such cases,this five (5%)percent evaluation criterion in favor of proposers who maintain alocal office will be specifically defined inthe RFP,RFLI or RFQ,as applicable;otherwise,it will not apply. 1.49.MANUFACTURER'S CERTIFICATION -The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made inthe bid/proposal.Failure to provide such certification may result in the rejection of bid/proposal ortermination of contract/agreement,for which the bidder/proposer must bear full liability. 1.50.MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS -No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts,if applicable,shall be binding upon the City unless made in writing bythe Director of Purchasing of the City of Miami,Florida through Page19 of 37 29 Invitation for Bid (IFB)391322,1 the issuance of a change order,addendum,amendment,or supplement tothe contract,purchase order or award sheet asappropriate. 1.51.NO PARTNERSHIP OR JOINT VENTURE -Nothing contained inthis Contract willbedeemedor construed to create a partnership orjoint venture betweentheCity of Miami and Contractor,orto create anyother similar relationship betweentheparties. 1.52.NONCONFORMANCETO CONTRACT CONDITIONS-Itemsmaybetestedfor compliance with specifications under the direction ofthe Florida Department of Agriculture and Consumer Services orby other appropriate testing Laboratories as determined bytheCity.The data derived from anytest for compliance with specifications is public record andopento examination thereto in accordance with Chapter 119,Florida Statutes. Items delivered not conforming to specifications maybe rejected and returned at Bidder's/Proposer's expense. These non-conforming items not delivered as per delivery date inthe response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re-procurement costs maybe charged against the defaulted contractor.Any violation ofthese stipulations may also result inthe supplier's name being removed from the Chy of Miami's Supplier'slist. 1.53.NONDISCRIMINATION -Bidder/Proposer agrees that it shall not discriminate asto race,sex,color,age, religion,national origin,marital status,or disability in connection withits performance under this formal solicitation.Furthermore,Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race,sex,color,age,religion,national origin,marital status or disability be excluded from the participation in,be denied benefits o£orbe subjected to,discrimination under any program oractivity. In connection with the conduct ofits business,including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person onthe basis of race,color,religion,disability,age,sex, marital status or national origin.All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54.NON-EXCLUSIVE CONTRACT/PIGGYBACK PROVISION -At such times asmay serve itsbest interest,theCity ofMiamireservestherightto advertise for,receive,and award additional contracts fortheseherein goods and/or services,and to make useof other competitively bid (governmental)contracts,agreements,or other similar sources for the purchase ofthese goods and/or services as may be available. Itis hereby agreed and understood that this formal solicitation does not constitute the exclusive rights ofthe successful bidder(s)/proposer(s)to receive ail orders that may be generated by the City in conjunction with this Formal Solicitation. In addition,any and all commodities,equipment,and services required bythe City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall notbe purchased under the terms, conditions and awards rendered under this solicitation,unless such purchases are determined tobeinthe best interest oftheCity. 1.55.OCCUPATIONAL LICENSE-Any person,firm,corporation orjoint venture,witha business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1,Article Iofthe City of Miami Charter.Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements.A copy of the license must be submitted with the response;however,the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license tothe City during the evaluation period,but prior to award. 1.56.ONE PROPOSAL -Only one (1)Response from an individual,firm,partnership,corporation or joint venture Page20 of 37 30 Invitation forBid(IFB)391322,1 will be considered in response to this Formal Solicitation.When submitting an alternate response,please refer to the herein condition for "Alternate Responses May Be Considered". 1.57.OWNERSHIP OF DOCUMENTS -It is understood by and between the parties that any documents,records files,or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property ofthe City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent ofthe City. 1.58.PARTIAL INVALIDITY -Ifany provision ofthis Contract or the application thereof to any person or circumstance shall to any extent be held invalid,then the remainder ofthis Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby and each provision ofthis Contract shall be valid and enforced to the fullest extent permitted by law. 1.59.PERFORMANCE/PAYMENT BOND -A Contractor may be required to furnish aPerformance/Payment Bond as part ofthe requirements ofthis Contract,in an amount equal to one hundred percent (100%)ofthe contract pnce. 1.60.PREPARATION OF RESPONSES (HARDCOPY FORMAT)-Bidders/Proposers are expected to examine the specifications,required delivery,drawings,and all special and general conditions.All bid/proposed amounts,if required,shall be either typewritten or entered into the space provided with ink.Failure to do so will be atthe Bidder's/Proposer's risk. A.Each Bidder/Proposer shall furnish the information required in tiie Formal Solicitation.The Bidder/Proposer shall sign the Response and print in ink or type the name ofthe Bidder/Proposer,address,and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry,as required. B.If so required,the unit price for each unit offered shall be shown,and such price shall include packaging, handling and shipping,and F.OJB.Miami delivery inside City premises unless otherwise specified.Bidder/Proposer shall include in the response all taxes,insurance,social security,workmen's compensation,and any other benefits normally paid bythe Bidder/Proposer to its employees.If applicable,aunit price shall be entered in the "Unit Price^column for each item.Based upon estimated quantity,an extended price shall be entered in ttit "Extended Price"column for each item offered.In case ofadiscrepancy between the unit price and extended price,the unit pricewillbepresumed correct. C.The Bidder/Proposer must state a definite time,if required,in calendar days for delivery of goods and/or services. D.The Bidder/Proposer should retain a copy of all response documents for future reference. E.All responses,as described,must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the responsemayberejected. F.Responses are to remain valid for at least 180 days.Upon award ofa contract,the content of the Successful Bidder's/Proposer's response may be included as part ofthe contract,at the City's discretion. G.The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format.Use of any other forms will result in the rejection of the response.IF SUBMITTING HARDCOPY FORMAT,THE ORIGINAL AND THREE (3)COPIES OF THESE SETS OF FORMS,UNLESS OTHERWISE SPECIFIED,AND ANY REQUIRED ATTACHMENTS MUSTBE RETURNED TOTHECITY Page21 of 37 38 Invitation forBid(IFB)391322,1 OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE. 1.61.PRICEADJUSTMENTS-Any price decrease effectuated during the contract period either by reason of market change oronthe part ofthe contractor to other customers shall be passed ontotheCity of Miami. 1.62.PRODUCTSUBSTITUTES-Intheeventa particular awarded and approved manufacturer's product becomes unavailable during the term ofthe Contract,the Contractor awarded that item may arrange with theCity's authorized representative^)to supply a substitute product atthe awarded price or lower,provided that a sample is approved in advance ofdelivery and that thenew product meets or exceeds all quality requirements. 1.63.CONFLICT OF INTEREST,AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants tothe City that it has notemployed or retained any person orcompany employed bythe City to solicit or secure this Contract and that it has not offered to pay,paid,or agreed to pay any person any fee,commission,percentage,brokerage fee,orgiftof any kind contingent upon orin connection with,the award of this Contract. 1.64.PROMPTPAYMENT -Bidders/Proposers may offera cash discount for prompt payment;however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on die Formal Solicitation.Ifno prompt payment discount is being offered,the Bidder/Proposer must enter zero (0)for the percentage discount to indicate nodiscount.If the Bidder/Proposer fails to enter a percentage,itis understood and agreed that theterms shall be 2%20 days,effective after receipt of invoice or final acceptance by the Chy, whichever is later. When the City is entitled toa cash discount,the period of computation will commence onthe date of delivery,or receipt ofa correctly completed invoice,whichever is later.If an adjustment in payment is necessary due to damage,the cash discount period shall commence on the date final approval for payment is authorized.Ifa discount is part ofthe contract,butthe invoice does notreflect the existence ofa cash discount,the City is entitled toa cash discount with the period commencing onthe date itis determined by the City that a cash discount applies. Price discounts off the original prices quoted onthe Price Sheet will beaccepted from successful bidders/proposers duringtheterm ofthecontract. 1.65.PROPERTY -Property owned by the City of Miami is the responsibility of the Chy of Miami.Such property furnished toa Contractor for repair,modification,study,etc.,shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall bethe responsibility of the Contractor.Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor.In the event that such property is destroyed or declared a total loss,the Contractor shall beresponsible for replacement value of the property at the current market value,less depreciation of the property,if any. 1.66.PROVISIONS BINDING -Except as otherwise expressly provided in the resulting Contract,all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs,legal representatives,successors and assigns. 1.67.PUBLIC ENTITY CRIMES -A person oraffiliate who has been placed onthe convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods pr services to a public entity,may not submit a response on acontract with a public entity for the construction or repair ofa public building or public work,may not submit responses on leases of real property to a public entity,may not be awarded or perform work as acontractor,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 provided in Section Page22 of 37 32 InvitationforBid(IFB)391322,1 287.017,for CATEGORY TWO for aperiod of36 months from the date ofbeing placed on the convicted vendor list. 1.68.PUBLIC RECORDS -Contractor understands that the public shall have access,at all reasonable times,to all documents and information pertaining to City contracts,subject to the provisions ofChapter 119,Florida Statutes and City ofMiami Code,Section 18,Article HI,and agrees to allow access by the Chy and the public to all documents subject to disclosure under applicable law.Contractor shall additionally comply with the provisions of Section 119.0701,Florida Statutes,entitled "Contracts;public records".Contractor's failure or refusal to comply with the provision ofthis section shall result in the immediate cancellation ofthis Contract by the Chy. 1.69.QUALITY OF GOODS,MATERIALS,SUPPLIES,PRODUCTS,AND EQUIPMENT -All materials used in the mamrfacturing or construction of supplies,materials,or equipment covered by this solicitation shall be new.The items bid/proposed must be ofthe latest make or model,ofthe best quality,and ofthe highest grade of workmanship,unless as otherwise specified in this Solicitation. 1.70.QUALITY OF WORK/SERVICES -The work/services performed must be ofthe highest quality and workmanship.Materials furnished to complete the service shall be new and of the highest quality except as otherwisespecifiedinthisSolicitation. 1.71.REMEDIES PRIOR TO AWARD (Sec 18-106)-If prior to Contract award itis determined that a formal solicitation or proposed award is in violation oflaw,then the solicitation or proposed award shaU be cancelled by the City Commission,the City Manager or the Chief Procurement Officer,as may be applicable,or revised to comply withthelaw. 1.72.RESOLUTION OF CONTRACT DISPUTES (Sec 18-105) (a)Authority to resolve Contract disputes.The City Manager,after obtaining the approval ofthe city attorney,shall have the authority to resolve controversies between the Contractual Party and the city which arise under,or by virtue of,aContract between them;provided that,in cases involving an amount greater than $25,000,the City Commission must approve the City Manager's decision.Such authority extends,without limitation,to controversies based upon breach ofContract,mistake,misrepresentation or lack ofcomplete performance,and shall be invoked by a Contractual Party by submission ofa protest to the City Manager. (b)Contract dispute decisions.Ifadispute is not resolved by mutual consent,the Chy Manager shall promptly render awritten report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive.A copy ofthe decision shall be immediately provided to the protesting party,along with a notice of such party's right to seek judicial relief;provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73.RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec 18-104) (a)Right to protest.The following procedures shall beused for resolution of protested solicitations and awards except for purchases of goods,supplies,equipment,and services,the estimated cost of which does not exceed $25,000. Protests thereon shall be governed bythe Administrative Policies and Procedures of Purchasing. l.Protest of Solicitation. i.Any prospective proposer who perceives itself aggrieved in connection with the solicitation ofa Contract may protest totheChief Procurement Officer.A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals,Request for Qualifications or Request for Page23 of 37 33 InvitationforBid(IFB)391322,1 Letters of Interest is published ina newspaper of general circulation.A notice of intent to file a protest is considered filed when received bytheChief Procurement Officer;or ii.Any prospective bidder who intends to contest the Solicitation Specifications ora solicitation may protest tothe ChiefProcurement Officer.A written notice of intent to file a protest shall be filed with theChiefProcurement Officer within three days after the solicitation is published ina newspaper of general circulation.A notice of intent to file a protest is considered filed when received bytheChief Procurement Officer. 2.Protest of Award. i.A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt bythe proposer of the notice of the City Manager's recommendation for award of Contract,which will be posted onthe City of Miami Purchasing Department website,in the Supplier Comer,Current Solicitations and Notice of Recommendation of Award Section.The notice of the Chy Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Awani Posting Date and Recommendation of Award To fields.If "various"is indicated in the Recommendation of Award To field,the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name.It shall bethe responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice;or ii.Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer.A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility.The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S.mail,return receipt requested.A notice of intent to file a protest is considered filed when receivedbythe Chief ProcurementOfficer. lit A written protest based on any of the foregoing must be submitted to the ChiefProcurement Officer within five (5)days after the date the notice of protest was filed.A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight ofthe evaluation criteria or the formula for assigning pointsinmakinganaward determination. The written protest shall state with particularity the specific facts and law upon which the protest ofthe solicitation or the award is based,and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f).This shall form the basis for review ofthe written protest and no facts,grounds,documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest No time will be added to the above limits for service by mail.In computing any period oftime prescribed or allowed by this section,the day ofthe act,event or default from which the designated period oftime begins to run shall not be included.The last day ofthe period so computed shall be included unless it is aSaturday,Sunday or legal holiday in which event the period shall run until the end ofthe next day which is neither aSaturday,Sunday or legal holiday Intermediate Saturdays,Sundays and legal holidays shall be excluded in the computation ofthe time for filing. (b)Authority to resolve protests.The Chief Procurement Officer shall have the authority,subject to the approval of the City Manager and the city attorney,to settle and resolve any written protest.The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest In cases involving more than $25,000,the decision ofthe Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. Page24 of 37 34 InvitationforBid(IFB)391322,1 (c)Compliance with filing requirements.Failure ofaparty to timely file either the notice ofintent to file aprotest or the written protest,together with the required Filing Fee as provided in subsection (f),with the Chief Procurement Officer within the time provided in subsection (a),above,shall constitute aforfeiture ofsuch party's right to file a protest pursuant to this section.The protesting party shall not be entitled to seek judicial relief without first having followedthe procedure setforthinthissection (d)Stay of Procurements during protests.Upon receipt ofawritten protest filed pursuant to the requirements of this section,the city shall not proceed further with the solicitation or with the award ofthe Contract until the protest is resolved bythe Chief Procurement Officer or the City Commission as provided in subsection (b)above,unless the City Manager makes awritten determination that the solicitation process or the Contract award niust be continued without delay in order to avoid an immediate and serious danger to the public health,safety or welfare. (e)Costs.All costs accruing from a protest shall be assumed bythe protestor. (f)Filing Fee.The written protest must be accompanied by a filing fee in the form ofamoney order or cashier's check payable to the city in an amount equal to one percent ofthe amount ofthe Bid or proposed Contract,or $5000.00,whichever is less,which filing fee shall guarantee the payment ofall costs which may be adjudged against the protestor in any administrative or court proceeding.Ifa protest is upheld by the Chief Procurement Officer and/or the City Commission,as applicable,the filing fee shall be refunded to the protestor less any costs assessed under subsection (e)above.If the protest is denied,the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e)above. 1.74.SAMPLES -Samples of items,when required,must be submitted within the time specified at no expense to the Chy.If not destroyed by testing,bidder(s)/proposer(s)will be notified to remove samples,at their expense, within 30 days after notification.Failure to remove the samples will result in the samples becoming the property of theCity. 1.75.SELLING,TRANSFERRING OR ASSIGNING RESPONSIBILITIES -Contractor shall not sell,assign, transfer or subcontract at any time during the term of the Contract,or any part of its operations,or assign any portion of the performance required bythis contract,except under and by virtue of written permission granted bythe City through the proper officials,which may be withheld orconditioned,inthe City's sole discretion. 1.76.SERVICE AND WARRANTY -When specified,the bidder/proposer shall define all warranty,service and replacements that will be provided.Bidders/Proposer must explain on the Response to what extent warranty and service fecilities are available.A copy ofthe manufacturer's warranty,if applicable,should be submitted with your response. 1.77.SILENCE OF SPECIFICATIONS -The apparent silence of these specifications and any supplemental specification as to any detail orthe omission from itof detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type,size and design are tobe used.All workmanship and services istobe first quality. Ail interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida,Department of General Services,to supply die items on this solicitation,the bidder/proposer shall quote not more than the contract price;failure to comply with this request will result in disqualification of bid/proposal. 1.78.SUBMISSION AND RECEIPTOF RESPONSES -Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk,Qty Hall,3500 Pan American Drive,Miami,Florida 33133-5504,ator before,the specified closing date and time as designated inthe IFB,RFP, Page25 of 37 35 InvitationforBid(IFB)391322,1 RFQ,or RFLI.NO EXCEPTIONS.Bidders/Proposers are welcome to attend the solicitation closing;however,no award will be made at that time. A.Hardcopy responses shall be enclosed ina sealed envelope,box package.The face ofthe envelope,box or package must show the hour and date specified for receipt of responses,the solicitation number and title,and the name and return address of the Bidder/Proposer.Hardcopy responses not submitted on the requisite Response Forms may be rejected.Hardcopy responses received at any other location than the specified shall be deemed non-responsive. Directions toCity Hall: FROM THE NORTH:1-95 SOUTH UNTIL IT TURNS INTO USl.USl SOUTH TO 27TH AVE.,TURN LEFT PROCEED SOUTH TO SO.BAYSHORE DR.(3RD TRAFFIC LIGHT),TURN LEFT,1 BLOCK TURN RIGHT ON PAN AMERICAN DR.CITY HALL ISAT THE END OFPAN AMERICAN DR.PARKING ISON RIGHT. FROM THE SOUTH:USl NORTH TO 27TH AVENUE,TURN RIGHT,PROCEED SOUTH TO SO. BAYSHORE DR.(3RD TRAFFIC LIGHT),TURN LEFT,1 BLOCK TURN RIGHT ONPAN AMERICAN DR. CITYHALLISATTHEENDOFPAN AMERICAN DR.PARKINGISONRIGHT. B.Facsimileresponseswillnotbeconsidered. C.Failure to follow these procedures is cause for rejection of bid/proposal. D.The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility ofBidder/Proposer.The City of Miami is not responsible for delays caused by the United States mail delivery orcaused by any other occurrence.Responses received after the solicitation closing date and time will be returned unopened,andwillnotbeconsideredforaward. E.Late responses willbe rejected. F.All responses are subject tothe conditions specified herein.Those which do not comply with these conditions aresubjecttorejection. G.Modification ofresponses already submitted will be considered only ifreceived atthe City before the time and date set for closing ofsolicitation responses.All modifications must be submitted via die Oracle System or in writing.Once a solicitation closes (closed date and/or time expires),the City will not consider any subsequent submission whichaltersthe responses. H.Ifhardcopy responses are submitted at the same time for different solicitations,each response must be placed in a separate envelope,box,or package and each envelope,box or package must contain the information previously statedin 1.82A.J 1.79.TAXES -The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request.Notwithstanding,Bidders/Proposers should be aware ofthe fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion ofthe contract is subject to the Florida State Sales Tax in accordance with Section 212.08,Florida Statutes,as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80.TERMINATION -The City Manager on behalf ofthe City ofMiami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any ofthe following apply: A.The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. Page26 of 37 36 Invitation forBid (IFB)391322,1 to o^Sentntr^**"*^^^""'^h*'*****°f the City t0 terminate *e «*"««* toiSlKrfSSSriS*^C0St°f^^"^~™eCi*'sobli^»-tingentupon iSJS?18 °f P\YMENT.-Pavment ^11 be made by the City after the goods and/or services awarded to ailSSSSSi^ZJ?Cted-HinSPeCte<1,1"d *"?t0 ^Wi*awaVd specificationT^"In^e^detect,and properly invoiced.No advance payments of any kind will be made by the City of Miami. SS~nft^T^fCT ?diVeT WithiD 45 ***of receiP*of«"inv°ice and authorized inspection andacceptanceofthegoods/semces and pursuant to Section 218.74,Florida Statutes and other applicable law S*™iLDriSSI".^h "?ta rf1ta —?fOT "*«*•»P,aced -a«*of »is solicitation.ThemetiSs^fiS A^r °rfe °r ?"*^there°f'without obH6ation'if de,ive«y *n«t «»*>within^SlpS'edln^l^^^ L84 TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE-All Responses submitted to^^"i'jecttopubhcdisclosurepu.uantto Chapter 119,Florida Statutes.An JS^ESX? C^to m mCus?ILte!IIhi^?ti0n **C°nStitUJeS a"tradC SeCret"'a11 materiaI mat I"1*-for exemP«on fromChapter119mustbesubmittedmaseparateenvelope,clearly identified as "TRADE SECRETS EXCEPTION -with your firm's name and the Solicitation number and title marked on the outside.^ Please be aware that the designation ofan tern as atrade secret by you may be challenged in court by any personByyourdesignatonofmaterialinyourResponseasa"trade secret"you agree to indemnify £d hold SSZL the City byreason of any legal action challenging your claim.^ 1.85.UNAUTHORIZED WORK OR DELIVERY OF GOODS-Neither the qualified BidderCsVProDoserfs)nor SSf S?"Tfin *?perfonn my work or deHver •*s00"5 un,ess achW oidJoSSSSSSbZ£fiSS£21Z fhr^0^qUalif,ed ^^^PO^)'hall not be paid for any work performedSotly^Xriz^d °0ntraCt °f "*WOlk Perf0med by •"emp,°yee not otherwise If^E>2F?A^"^City iS "^engaged mresearch for advertising,sales promotion,or other publicitySK22£IS'k,s,nS»^ales/motion or other publicity materials containing information obtained from this Man^or^?^^^ ^LIARIATIONS f S«CnJ?9A,nONS -For Ptoses of solicitation evaluation bidders/proposers must^c?lTy T-T5 fr°m *C •%?**"specifications and/or conditions,no matter how slight If variations arenotstatedontheirResponse,,t will be assumed that the product fully complies with the City'sTpecifications Page27 of 37 37 Invitation forBid(IFB)391322,1 2.Special Conditions 2.1.PURPOSE The purpose ofthis Solicitation isto establish a contract,for Document Management Software,Hardware,and Services,as specified herein,from a sources)of supply thatwillgive prompt and efficient service fully compliant withtheterms,conditionsandstipulations ofthe solicitation. 2.2.DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Anyquestionsor clarifications concerning this solicitation shall besubmittedbyemailor facsimile tothe Purchasing Department,Attn:Yusbel Gonzalez;fax:(305)400-5104 or email:ygonzalez@ci.miami.fl.us. The solicitation tide and number shall be referenced on all correspondence.All questions mustbe received nolater than Tuesday,December 24,2013 at 5:00 PM.All responses to questions willbesenttoall prospective bidders/proposers in die formonanaddendum.NOQUESTIONSWILLBERECEIVED VERBALLY OR AFTER SAID DEADLINE. 23.TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for two(2)years with the option to extend for three (3)additional one(1)year periods,subject tothe availability of funds for succeeding fiscal years. Continuation ofthe contract beyond the initial period isa Chy prerogative;nota right ofthe bidder.This prerogative willbe exercised only when such continuation is clearly inthebest interest oftheCity. 2.4.CONDITIONS FOR RENEWAL Each renewal ofthis contract is subject tothe following: (1)Continued satisfactory performance compliance withthe specifications,terms and conditions established herein. (2)Availability of funds 2.5.NON-APPROPRIATION OF FUNDS In the event no funds orinsufficient funds are appropriated and budgeted orare otherwise unavailable in any fiscal period for payments due under this contract,then the City,upon written notice to Contractor orhis assignee of such occurrence,shall have the unqualified right to terminate the contract without any penalty or expense to the City.No guarantee,warranty or representation ismade that any particular orany projects)willbe awarded toany firm(s). 2.6.METHOD OF AWARD Award of this contract will be made to the responsive and responsible bidder (s)who offer the highest percentage discount,per manufacturer brand,off the manufacturer's latest published price list or catalog.Bidders may bid on Page28 of 37 38 InvitationforBid(IFB)391322,1 one or more items. W Biff,OTHEFWISF BIDDER MAY BF,deemed non-responsive 2.7.BIDDERS MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described «n this Bid;that have arecord of performance for a reasonable period of time;and that have sufficient financial support,equipment and organization to insure that they can satisfactorily provide the goods and/or services ifawarded a Contract under the terms and conditions herein stated.Bidder shall: (1)not have any member,officer,or stockholder that is in arrears or is in default of any debt or contract involving die City,is a defaulter surety otherwise,upon any obligation to the City,and/or has failed to perform faithfully on any previous contract with the City. (2)have no record of pending lawsuits or criminal activities,and have never been declared bankrupt (3)Be registered with the Florida Department ofState,Division ofCorporations,to do business in the Stateof Florida,(www.sunbiz.org) BIDDERS RESPONDING TO LINE ITEM #1 OFTHIS IF®SHALL: (1)be a current Laserfiche Value Added Reseller (VAR) (2)currentiy have five (5)years (concurrently i.e.2008 to 2013)ofLaserfiche experience (3)have successfully completed at least two (2)municipality-wide installations,in the State ofFlorida, alongwith support and maintenance ofeither Laserfiche United,Laserfiche RME,Laserfiche RIO,or Laserfiche Avante,involving process development for the full array of the municipality's departments. (4)have the ability to be onsite for support within twenty-four (24)hours for standard support and within four(4)hours for emergency support. (5)offer customized Laserfiche services,such as are currently employed for automated bulk-importation and automated GS1 -SL Retention Scheduling. (6)offer development (integration)services to assist with (consult)or provide integration solutions such as Wmdows Communication Foundation (WCF)Services,Web Services or other integration points. (7)have experience with Florida State Records Retention Law and the GSl-SL retention schedule,which the City of Miami is required to follow. BIDDERS RESPONDING TO LINE ITEMS #2,#3,AND #4 OFTHIS IFB SHALL: (1)be a Manufacturer OR Manufacturer/Distributor Authorized Reseller/Dealer/Service Provider ofthe productbrandsspecified. FAILURE TO MEET THE ABOVE LISTED MINIMUM QUALIFICATIONS AT TIME OF BID MAY DEEM BIDDER NON-RESPONSIVE. 2.8.DELIVERY Successful Bidder shall make delivery ofany item(s)ordered herein within seven (7)business days after receipt ofa Blanket Release. At time oforder,products provided to the City under this contract must be the latest approved model or version Page 29 of 37 39 Invitation forBid(IFB)391322,1 available in the market at that time and agreeable and compatible with the City's implementationon. 2.9.DISCOUNT PERCENTAGE AND PUBLISHED PRICE LISTS u dierS/KSJial1 "'"f6 Attachment A-Bid Price Sheet,to submit their bid prices.Attachment Ais located under the «™S°^m.«^^^^J?0"°f*is so,icitation in ^OracIe/iSupplier Sourcing System.FAILURE TOSUBMITTHISFORMATTIMEOFBIDSHALLDEEMBIDDERNON-RESPONSIVE. Bids shall be submitted on the basis of adiscount from amanufacturer's published price list(s)or catalog.Such published pnce list(s)or catalog must be common to and accepted by the industry in general.The lists or catalog must be properly identified with the manufacturer name,date ofissuance,and effective date.Published pnce list or catalog must be provided at the time ofbid submittal in electronic format,either as an attachment in the header section ofthe bidder's electronic response via the Oracle iSupplier system OR in a •Liu or flash drive/memory drive if submitting &hardcopy bid response. Z1£?Z e^!0"of "creases to the discount awarded,the percentage discount shall be fixed and firm for the term ottne contract,including all renewal options. SS^l?,lb,ish^.priCe^!fS)°r crtBlPe may te UMd "ameans °fesmel price adjustments.Revised publishedpncehstfs)or catalog will be accepted only in the event ofan industry-wide price change,as evidenced by the IhX^™.^"06 "*"P*"10***e manufacturer.Published price list or catalog submitted at time of bidshallremainvalidforaperiodofone(1)year from the contract start date.At least thirty (30)calendar days prior to P^ll^5 r^ntl™?™*T'"TSed published price Hs<s>or catak)g sha"*submitt«l to the Dejarbnent ofProcurementRevisedpriceswillnotbecomeeffectiveuntilthestartofthenewcontractyear. 2.10.BALANCE OF LINE While the City has listed all major items on the bid solicitation,there may be ancillary services that fall within the TTJ,£"""f^?**may to ?eded by **City durin8 me iem of mis contract-Forftis reason,bidders arerequestedtoquotethepercentagediscountthatwillbeofferedtotheCityforservicessuchas,but no limited to: Setup services (per hour) Training services (per hour) Development (Integration)services (per hour) Customized Laserfiche services,such as are currently employed for automated bulk importation and automated GSl-SL Retention Scheduling (per hour) ^iSS^Sl^a?ni »F •*«*•,lstod m**bidde^published price list or catalog.The most recentlypublishedpnce^catalog shall serve as the basis for establishing the price to be discounted.Bidder sh.,11 suhni 2.11.FAILURE TO PERFORM h™f«nfInTf^p0Stsiblei)reach me contractor or supervisor and/or should remedial action not be taken within 48 dSbfdSfSSL 2 **?aCCOri,ng t0 V*?"*"*""City reServeS the ri*ht to declare Contractor *default ofthe contract or make appropriate reductions in the contract payment. Page30 of 37 40 InvitationforBid(IFB)391322,1 2.12.INSURANCE REQUIREMENTS INDEMNIFICATION Bidder shall pay on behalf of,indemnify and save City and its officials harmless,fiom and against any and all claims,liabilities,losses,and causes ofaction,which may arise out ofbidder's performance under the provisions of the contract,including all acts or omissions to act on the part ofbidder,including any person performing under this Contract for or on bidder's behalf,provided that any such claims,liabilities,losses and causes of such action are not attributable to the negligence or misconduct ofthe City and,from and against any orders,judgments or decrees which may be entered and which may result from this Contract,unless attributable to the negligence or misconduct ofthe City,and from and against all costs,attorneys'fees,expenses and liabilities incurred in the defense ofany such claim,orthe investigation thereof. Ttiehidder shall furnish to City of Miami,c/o Procurement Department,444 SW 2nd Avenue,6th Floor,Miami, Florida 33130,Certificate^)of Insurance which indicate that insurance coverage has been obtained which meets the requirements asoutlinedbelow: (1)Commercial!General Liability: A.Limits ofLiability Bodily Injury and Property Damage Liability -Each Occurrence:$1.000.000 GeneralAggregate Limit $2.000.000 Personal andAdv.Injury:$1.000.000 Products and Completed Operations:$1.000.000 B.Endorsements Required: City ofMiamiincludedasanAdditionalinsured. Contingent &Contractual Liability Premises and Operations Liability (2)BusinessAutomobileLiability A.Limits ofLiability Bodily Injury and Property Damage Liability CombinedSingleLimit Owned/Scheduled Autos Including Hired,Borrowed or Non-Owned Autos Any One Accident:$1.000.000 B.EndorsementsRequired: City of MiamiincludedasanAdditionalInsured (3)Worker's Compensation A.Limits ofLiability: Statutory-State of Florida Waiver of Subrogation Page31 of 37 46 InvitationforBid(IFB)391322,1 Employer's Liability A.Limits of Liability: $100,000 for bodily injury caused byan accident,each accident $100,000 for bodily injury caused by disease,each employee $500,000 for bodily injury caused by disease,policy limit (4)Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $1.000.000 GeneralAggregate Limit $1.000.000 Retro Date Included The above policies shall provide the City of Miami with written notice of cancellation or material change fromtheinsurerin accordance topolicy provisions. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications,as listed in standard liability insurance manuals, whichmost nearly reflect the operations ofthe bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws ofthe StateofFlorida,withthe following qualifications: The Company must be rated no less than "A-"as to management,and no less than "Class V"as to financial strength, by the latest edition of Best's Insurance Guide,published by A.M.Best Company,Oldwick,New Jersey,or its equivalent.All policies and/or certificates of insurance are subject to review and verification by Risk Management priorto insurance approval. NOTE:CITYBIDNUMBER AND/ORTITLE OF BIDMUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section ofthis Agreement. -If insurance certificates are scheduled to expire during the contractual period,the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at aminimum often (10)calendar days in advance of suchexpiration. -In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period,theCityshall: (1)Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed inthe Invitation for Bid. (2)The City may,at its sole discretion,terminate this contract for cause and seek re-procurement damages from the Bidder in conjunction with the General and Special Terms and Conditions ofthe Bid. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain m force for the duration of the contractual period;including any and all option terms that may be granted to the Bidder. 2.13.METHOD OF PAYMENT Page32 of 37 42 InvitationforBid(IFB)391322,1 Full payment will be made upon receipt and acceptance of each contract item ordered via a Blanket Release.No down or partial down payments will be made.In addition,no payments will be made for goods/services ordered and delivered without a Blanket Release.The City will pay the contract price minus any liquidated damages and/or other damages to the£uccessful Bidder upon final completion and acceptance. Goods/services provided without the prior issuance of Blanket Release shall be considered 1 accordance withGeneralTermsandConditionsSection1.85 of theIFB. 2.14.PACKING SLIP/DELIVERY TBCKET TO ACCOMPANY ITEMS DURING DELIVERY The successful bidder shall enclose a complete packing slip ordelivery ticket with any items tobe delivered in conjunction with this bid solicitation.The packing slip shall beattached tothe shipping carton(s)which contain the items and shall be made available to the City's authorized representative during delivery.The packing slip or delivery ticket shall include,ata minimum,the following information:purchase order number;date of order,a complete listing of items being delivered;and back-order quantities and estimated delivery of back-orders if applicable. 2.15.RESPONSE TIME A twenty-four (24)hour response time is required for standard support and a four (4)hour response time is required for emergency support.Failure to respond toa service call within the specified time may result inthe contracted vendor being deemed in default of contract and possibly paying any and all costs associated with the services performed by analternatevendor. 2.16.ADDITION/DELETION OF ITEMS/PRODUCTS/SERVICES Although this Solicitation identifies specific items/products/services tobe provided,itis hereby agreed and understood that any related item/products/services may beadded/deleted to/from this contract atthe option ofthe City.When an addition to the contract is required,the Successful Bidders)under this contract,and other suppliers, as deemed necessary,shall be invited to submit price quotes for these new items/products/services.If these quotes are comparable withmarket prices offered for similar items/products/services,the suppliers),if applicable,and item(s)shall beadded to the contract An amendment and updated Blanket Purchase Agreement shall beissued by theCity.Thenewly added items/products shall be ordered viaaBlanketRelease/Purchase Order. 2.17.CONTRACT ADMINISTRATOR Upon award,contractor shall report and work directly with Mr.Stuart Henry,who shall be designated asthe Contract Administrator. 2.18.TIE BIDS Whenever twoor more Bids which are equal with respect to price,quality and service are received bytheCity for the procurement ofcommoditiesor contractual services,aBidreceivedfromabusinessthatcertifiesthatishas implemented a drug-free workplace program shall begiven preference inthe award process.Established procedures for processing tieBidswillbe followed if none ofthetied vendors have a drug-free workplace program.In order to Page33 of 37 43 InvitationforBid(IFB)391322,1 havea drug-free workplace program,abusiness shall: (1)Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use ofa controlled substance is prohibited inthe workplace and specifying the action that will be taken against employeesfor violations of such prohibition. (2)Inform employees about the dangers of drug abuse inthe workplace,the business'policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties thatmaybe imposed upon employees for drug abuse violations. (3)Give each employee engaged in providing the commodities or contractual services that are under Bidacopyof thestatement specified in subsection (1). (4)In the statement specified in subsection (1),notify the employees that,as a condition of working onthe commodities orcontractual services that are under Bid,the employee will abide bythe terms ofthe statement and will notify the employer of any conviction of,or plea of guilty ornolo contendere to,any violation of Chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring inthe workplace no later thanfive(5)daysaftersuchconviction. (5)Impose a sanction on,or require the satisfactory participation ina drug abuse assistance orrehabilitation program,if such is available inthe employee's community,by any employee whoisso convicted. (6)Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 2.19.LIQUIDATED DAMAGES Bidder shall provide all items at the guaranteed delivery time specified by the City inthe Delivery Section of this solicitation.If the successful bidder fails to deliver within the specified delivery time,itis understood that 1% of the unit price per calendar day per item will be deducted,as liquidated damages,for each day beyond the specified delivery time (not to exceed the total amount of the contract),not as a penalty but as a form of compensation for the loss ofnot having the ability tousethe product. 2.20.MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The Bidder hereby acknowledges and agrees that all materials/products,except where recycled content is specifically requested,supplied bythe Bidder in conjunction with thisBid shall benew,warranted for their merchantability,and fit for a particular purpose.In the event any ofthe materials/products supplied to the City by the Bidder are found to be defective or do not conform to specifications,the City reserves the right to cancel the order and return such materials/products to the Bidder to replace the materials/products at the Bidder's expense. 2.21.WARRANTY The successful bidder will be required to provide a standard warranty for the scanners provided under this contract. A copy of the Standard Warranty shall be included with the product at time of shipment. 2.22.REFERENCES Page34 of 37 InvitationforBid(IFB)391322,1 Each bidder mM provide at least three (3)references inthe Header /Attributes /Certifications Section ofthe Invitation for Bid.References must include the name of the company,dates of contract,description of goods supplied,acontact person,telephone number,and e-mail address.Failure to provide at least three (3)references may deembidder non-responsive. 2.23.SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available.Bidder shall notify the City ofMiami Purchasing Department,in writing,no less than ten (10)days prior to solicitation closing date of any change in the manufacturers'specifications which conflict with the specifications.For hard copy bid submittals,bidders must explain any deviation from the specifications inwriting as a footnote on the applicable specification page and enclose a copy of the manufacturer's specifications data detailing the changed item(s)with his/her submission.For electronic bid submittals,bidders must explain in the Header Section or byan Attachment and,if applicable,enclose a scanned copy of the manufacturer's specifications data detailing the changed item(s)with his/her submission. Additionally,bidders must indicate any options requiring the addition of other options,as well as those which are included as a part ofanother option.Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs required to bring the item(s)in compliance with contract specifications. 2.24.MAINTENANCE OF SCANNERS Maintenance of scanners shall include all labor (including travel time)for the scanners installed under this bid. Bidder shall also maintain atwenty-four (24)hour response time from time of call.For emergency purposes only,a four (4)hour response timewillbe required. 2.25.TERMINATION A.FOR DEFAULT If Contractor defaults in its performance under this Contract and does notcure the default within 30 days after written notice of default,the City Manager may terminate this Contract,inwhole orin part,upon written notice without penalty to the City of Miami.In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services:provided that if,(1)itis determined for any reason that the Contractor was notin default or(2)the Contractor's failure to perform is without hisorhis subcontractor's control,fault or negligence,the termination will be deemed tobea termination for the convenience ofthe City of Miami. B.FOR CONVENIENCE The City Manager may terminate this Contract,in whole orin part,upon 30 days prior written notice whenitisin the best interests ofthe City of Miami.Ifthis Contract is for supplies,products,equipment,or software,and so terminated for the convenience bytheCity of Miami the Contractor willbecompensated in accordance with an agreed upon adjustment of cost.Totheextentthat this Contract is for services and so terminated,theCity ofMiami shall be liable only for payment in accordance withthe payment provisions ofthe Contract for those services renderedpriortotermination. 2.26.ADDITIONAL TERMS AND CONDITIONS i I |Page 35 of 37 45 InvitationforBid(IFB)391322,1 No additional terms and conditions included as part of your solicitation response shall be evaluated or considered and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation.Ifsubmitted either purposely,through intent or design,or inadvertently,appearing separately in transmittal letters,specifications,literature,price lists or warranties,it is understood and agreed mat the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that thebidder s/proposers authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this If aProfessional Services Agreement (PSA)or other Agreement is provided by the City and is expressly included as* part or this solicitation,no additional terms or conditions which materially or substantially vary,modify or alter the terms or conditions ofthe PSA or Agreement,in the sole opinion and reasonable discretion ofthe City will be considered.Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSAor Agreement 2.27.PRIMARY CLIENT (FIRST PRIORITY) The successful bidder(sVproposer(s)agree upon award ofthis contract that the City ofMiami shall be its primary client and shall be serviced first during aschedule conflict arising between this contract and any other contract successful bidder(s)/proposer(s)may have with any other cities and/or counties to perform similar services as a result ofany catastrophic events such as tornadoes,hurricanes,severe storms or any other public emergency impacting various areas during or approximately the same time. Page36 of 37 Invitation for Bid (IFB)391322,1 3.Specifications 3.1.SPECIFICATIONS/SCOPE OFWORK BACKr.ROimrn 2™2S!^S Cfen-,y "u,izeS Laserf,che ««document repository to store official copies with long-term ruwic works,Public Facilities,Code enforcement,Zoning,Planning and Human Resources, r^liefst^ o^Wfadol^'StST ^""^"?Verei°n 8L2 SinCC 0ctober °f 201L Most Workstations are currentlyonwindows7-64 bit and the server is Windows Server 2003 32-bit. nX^T^cL^^V^^f^^HcenSeS aBd *e servernms Laserfiche Uni^Version 8.1.232-bit,The cl.ents are Laserfiche 8.1.2.735 (and one case of7.21)on Windows 732-bK and Windows 764-bit ERQPUCTS AND SRttvirafl NflfPFff LASERFICHE- Under this contract,Bidder's shall provide the City with the following Laserfiche products and services: Laserfiche United Laserfiche Avante Laserfiche RIO Laserfiche Software Assurance Plan (LSAP) Basic LSAP Premium LSAP ^SOU^HS ^?roVidf *"City wi?,"!up Services>******"^^«>customized Laserfiche services,such asarecurrentlyemployedforautomatedbulk-importation and automated GSl-SL Retention Scheduling.The City will ES"1{?5P7!S?2£Zke?to awi*with (consult)or Provide integration solutions such as WindowsCommunicationFoundation(WCF)Services,Web Services or other integration points SCANNERS: Under this contract,Bidder's shall provide the City with Fujitsu and Contex scanners.In addition,Bidder shall provide tor needed maintenance and service,accessories and software. OTHER SOFTWABF, Under this contract,Bidder's shall provide the City with Kofax Software Products and Services. Page37 of37 47 City Hall 3500 Pan American Drive Miami,FL 33133 www.miamigov.com File ID #:14-00460 Version:1 Resolution R-14-0215 Controlling Office oftheCity Body:Clerk Enactment Date:6/12/14 Status:Passed Title:A RESOLUTION OF THE MIAMICITY COMMISSION ACCEPTING THE BIDS RECEIVED ON JANUARY 14,2014,PURSUANT TO INVITATION FORBIDNO.391322,FROMMCCI,LLC,THE LOWESTRESPONSIVEAND RESPONSIBLE BIDDER,FOR THE PURCHASEOFDOCUMENT MANAGEMENT SOFTWARE,HARDWARE,AND SERVICES,ONANAS-NEEDEDCONTRACTUAL BASIS,FORAN INITIAL CONTRACT PERIOD OFTWO (2)YEARS,WITH OPTIONS TO RENEW FOR THREE(3)ADDITIONALONE(1)YEARPERIODS;AUTHORIZINGTHEALLOCATIONOFFUNDS FROM THEVARIOUS SOURCES OF FUNDS OFTHEUSER DEPARTMENT,SUBJECT TOTHE AVAILABILITYOF FUNDS AND BUDGETARY APPROVAL ATTHETIMEOFNEED. Reference: Name:AcceptBid-MCCI,LLC. Requester:Department of Information Technology Notes: Sections: Indexes: Cost: Introduced:5/6/14 Final Action:6/12/14 Attachments:14-00460 Summary Foimpdf,14-00460 Award Recommendation Form.pdf,14-00460 BidTabulation Sheetpdf,14-00460 Invitation For Bid.pdf,14-00460 Back-Up From Law Deptpdf,14-00460 Legislation.pdf Action History Ver.Acting Body OfficeoftheCity Attorney Date 6/12/14 Action Sent To Due Date Returned Reviewed and Approved City Commission 6/12/14 ADOPTED ThisMatter wasADOPTED onthe Consent Agenda. Aye:5-Wifredo (Willy)Gort,MarcDavid Sarnoff,Frank Carollo,Francis Suarez and Keon Hardemon Result City of Miami Page I 48 Printed on 7/14/2014 I Office of the Mayor 6/17/14 Signed bythe Mayor Office ofthe City Clerk 1 Office of the City Clerk 6/18/14 Signed and Attested by City Clerk City of Miami Page 2 Printed on 7/14/2014 FIRST RENEWAL IFB NO.: DESCRIPTION: TERM OF CONTRACT: CONTRACT PERIOD: RENEWAL PERIOD: COMMODITY CODE: 391322(19) DOCUMENT MANAGEMENT SOFTWARE,HARDWARE AND SERVICES TWO(2)YEARS WITHTHE OPTION TO RENEW FOR THREE (3)ADDITIONALONE-YEAR PERIODS JUNE 16,2014 THROUGH JUNE 15,2016 JUNE 16,2016 THROUGH JUNE 15,2017 92045-00 SECTION #1-VENDOR AWARD MCCI,LLC 1700 Capital Circle SW Tallahassee,FL 32310 Contact:Donny Barstow Phone:(800)342-2633 Fax:(850)701-0715 Email:dwb@mccinnovaftons.com SECTION #2 -AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES C.C.AWARDDATE:JUNE 12,2014 RESOLUTION NO:14-0215 ANNUAL CONTRACT AMOUNT:N/A AMENDED AMOUNT:N/A INSURANCE REQUIREMENTS:YES PERFORMANCE BOND:N/A APPLICABLE ORDINANCES:N/A Notes:Fundsallocatedfromthevarioussourcesoffundsfromtheuserdepartmentsand agencies,subjectto availability of funds and budgetary approval atthetimeof need. The contract has been renewedfortheperiodofJune 16,2016through June 15,2017. SECTION #3 -REQUESTING DEPARTMENT INFORMATION TECHNOLOGY Contract Administrator:StuartHenry Phone:(305)416-1566 SECTION #4 -PROCURING AGENCY CITYOF MIAMI,PROCUREMENT DEPARTMENT Buyer:Pearl Bethel Phone:(305)416-1949 Fax:(305)416-1925 Prepared By:Max Sagesse,5/27/2016 ACONTRACTAWARDSHEET INSTRUCTIONAL GUIDE TOASSISTYOUWITHTHE INFORMATION CONTAINEDHEREIN IS AVAILABLE INTHEISUPPLIER INFORMATION SECTIONOFOURWEBPAGEAT: www.miamiqov.com/Drocurement Initial 50 1 $? ATTACHMENT B CONTRACT FOR DOCUMENT MANAGEMENT SOFTWARE,HARDWARE & SERVICES CONTRACT PRICE &PROPOSAL ThomasF.Pepe-01-11-16 Page5 of 5 SI ExperienceExcellence Municipal Code Corporation POBox 2235 ©Tallahassee,Florida 32316 TELEPHONE (800)342-2633©FAX (850)564-7496 Logan Pi Liello,SeniorAccountExecutive o extension1725 o logan@mccinnovations.com November 11,2016 Mr.Stephen Kulick Purchasing Manager 6130 Sunset Drive South Miami,FL 33143 Dear Mr.Kulick: Thank you for speaking with me recently regarding Conversion and Indexing services for your records. Wehaveenclosedaproposal per ourconversation. If you have any questions concerning our proposal or desire additional information,please do not hesitate to contact me.We appreciate your interest and look forward to working with you. Sincerely, Logan DiLiello Senior Account Executive SCOPE OF SERVICES AMD PROJECT PRICING:Citv of Miami Contract Pricing -IFB MO:391322 (19) The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic documentstobeconverted. PROJECT SCOPE -All estimates are based on information provided by the client »General Description Document Size:Up to ll"xl7" Document Types:Personnel Files Document Count:Approximately 880 Image Count:Approximately 176,440 Images per Document:Approximately 200/Document Document Preparation: Current Storage Method: Condition of documents: Image Processing &Indexing DPI &Color: Number of Index Fields: Image Output Method ofDelivery: Output Type: Material Handling Shipping Logistics: Shipping&Delivery Terms: Special Notes Normal prep,no re-prep &destruction 36-24"Cabinets,4-36"LateralCabinetsand13BankerBoxes Good Condition 300 DPI,Black &White Up to3 Fields (Employee Name,Hire Date,Termination Date) Upto1Setper trip Laserfiche Briefcase MCCi Pick UP 1 Shipment Documents will benamedby information detailed aboveon file tab Client canprovideexcelindexfor QA All aboveare estimates,actual image counts mayvary Documents willbeheldfor60daysaftercompletionandthen destroyedwithwrittenapprovalfrom Client Digital media will not be converted MCCi willprovideremotesystemimportassistance(upto3 hours) Shipping foronepickupis included inproject pricing PROJECT PRICING Personnel Files -Conversion of Documents estimated cost $26,085.90 Includes MCCi service hours for Project Management,Paper Document Destruction Remote Import Assistance and Pick-Upas detailed in the notes above. Regular Size Scanning $0.137/image Pricing listedin IFB WO:391322 (19)are broken downto "Wot to Exceed"rates.Theratesaredetailed below (can be referenced on page 53 ofthe awarded bid response document)and show a per image rate total lower than the "Wot to Exceed"rates in the contract. JBgteil ,Ssuais ffllami Pwjjfeitf 1$) 300 DPI Scanningper Image 176,440 $0.11 $0,105 DocPrepPerPage 176,440 $0.02 $0.02 OCR per Image 176,440 $0.01 $0.01 IndexingperIndexField 2,640 $0.19 $0.19 TOTAL $.142 $0,137 PAYMEWT &BILUWG TERRAS MCCi will invoice project ona monthly schedule,based on deliverables (via Electronic media orthe internet).Paymentisdueuponreceiptofan invoice. SCOPE OF SERVICES AWD PRQJEa PRICIMG:Citv of Miami Contract Pricing -IFB WO:391322 (19) The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic documents tobe converted. PROJECT SCOPE-All estimates are based on information provided by the client •GeneralDescription Document Size: Document Types: Document/Roll/Fiche Count: Image Count: Images Per Document: •DocumentPreparation: Current Storage Method: Condition of documents: •Image Processing &Indexing DPI &Color: Number of Index Fields: •Image Output Methodof Delivery: Output Type: •Material Handling ShippingLogistics: Shipping&DeliveryTerms: •Special Notes Up to 42" Building Plans Approximately 100 Approximately 2500 Approximately 25 Rolls Good Condition 300 DPI,Black&White Up to4 Fields (Project Name,Address,Parcel and Folio) Upto1Set per trip Laserfiche Briefcase MCCi Pick UP 1 Shipment Documents willbenamedby information foundonthe documentandindexedfromprovidedexceldatabase Quoted pricing is dependent on excel database being usedfor indexing MCCi will schedule pickups ofthe records at an additional cost of $10/box,minimum$75 Documents willbeheldfor60daysafter completion and then recycled withwrittenapprovalfrom Client Documents willbescannedas multipage documents 3hoursof remote importassistanceincluded PROJECT PRICING BuildingPlans-Conversion of Documents estimated cost $4,985 Includes MCCi service hours for Project Management,Remote Import Assistance and Paper Document Recycling Large Format @ $1.512/image Pricing listedin IFB WO:391322 (19)arebrokendownto "Wot to Exceed"rates.Theratesaredetailed below (can be referenced on page 53 ofthe awarded bid response document)and show a per image rate total lower than the "Wot to Exceed"rates in the contract. \':<V ^o6ti*k ,:; *•!•(&ofcto Sgeeed Oty of &$ami.e@atrai&Pricing BEFffiMO:3g)lS22?a35 Prtctajf for SoaKh ftMaifft hn6gec£ 300 DPI Scanning per Image 2,500 $1.45 $1.45 DocPrepPerPage 2,500 $0.02 $0.02 OCR per Image N/A N/A N/A Indexing per IndexField 400 $0.35 $0.35 TOTAL $1,512 $1,512 PAYMEWT &BILLING TERftflS MCCi will invoice project ona monthly schedule,based on deliverables (via Electronic media orthe internet).Paymentisdueuponreceiptofaninvoice. Prices listed are per image/per job.If the project is broken up into multiple parts the volume pricing must be broken upaswell. SCOPE OF SERVICES AMD PROJECT PRICIMG:Citv of Miami Contract Pricing -IFB NO:391322 119) The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic documentstobeconverted. PROJECT SCOPE-All estimates are based on information provided by the client «GeneralDescription Document Size:Up toH"xl7" Document Types:Internal Affairs Cases &Backgrounds Document Count:Approximately 250IA &175 Backgrounds Image Count:Approximately 41,400 IA &17,600 Backgrounds (59,000 total) Images Per Document:Approximately 165/Document IA &100/Document Backgrounds Document Preparation: Current Storage Method: Condition of documents: Image Processing &Indexing DPI&Color: Number of Index Fields: Image Output Methodof Delivery: Output Type: Material Handling Shipping Logistics: Shipping&Delivery Terms: «Special Notes Normalprep,nore-prep 2 36"LateralCabinets,12 Banker Boxes &10 Accordion Files Good Condition 300 DPI,Black &White UptolField(File#) Up to 1Set per trip Laserfiche Briefcase MCCi Pick UP 1 Shipment Documents will benamedbyfilenumberonfiletab Client can provide excel index for QA All above are estimates,actual image counts may vary Documents will beheldfor60daysafter completion and then destroyedwith written approval from Client Digital Media conversion isnot included in thisscope MCCi will provide remotesystemimportassistance (up to3 hours) Shipping for one pickup is included in project pricing PROJECT PRICIMG Internal Affairs and Background Files -Conversion of Documents estimatedcost $10,930 Includes MCCi service hours for Project Management,Paper Document Destruction Remote Import Assistance and Pick-Upas detailed inthe notes above Regular Format:$.162/image Pricing listedin IFB WO:391322(19)arebrokendown to "Wot to Exceed"rates.Theratesare detailed below (can be referenced on page 53ofthe awarded bid response document)and show a per image rate total lower than the "Wot to Exceed"rates in the contract. detail ., - ^tt fined City of ^arctS G&ritracfc Ptfcio^ m WO:39&S22 J£SJ -. 300 DPI Scanning per Image 59,000 $0.12 $0.11 DocPrepPerPage 59,000 $0.05 $0.04 OCRperImage 59,000 $0.01 $0.01 IndexingperIndexField 425 $0.35 $0.35 TOTAL $0,182 $0,162 PAYMEWT &BILUWG TERMS MCCi will invoice project ona monthly schedule,based on deliverables (via Electronic media orthe internet).Paymentisdueuponreceiptofan invoice. MCCI,a Limited Liability Company and subsidiary of MUNICIPAL CODE CORPORATION,which is duly organized and existing under the laws of the State of Florida,hereinafter referred to as MCCi,hereby offers the Laserfiche Software &Services to the CITY OF SOUTH MIAMI,FL,a corporation duly organized and existing under state law,hereinafter referred to as the Client,according to the following terms and conditions. MCCI DOCUMENT SERVICES -INDEXING SERVICES.Once MCCi has received your documents,the following process will occur according to the terms laid out in MCCi's pricing proposal and may vary according to services selected. CONSULTATION.AConsultation will be scheduled via a telephone conference after receipt of signed contract.This consultation is designed to go over the following:the signed contract and terms,folder structure,current searching methods,document naming scheme,document preparation requirements,and document shipment and/or pick up. DOCUMENT PREPARATION.If you decide to send paper documents to MCCi,the process of document preparation begins with removing any matenals that may prohibit the document from being fed through the scanner (i.e.Removal ofdocuments from file folders,Removal ofstaples,paperclips,tape,clips,etc)and is described as Document Preparation.Upon completion of scanning,MCCi will organize the documents into their original order as received from the Client but not placed back into their file folders or reprepped unless specifically stated otherwiseintheprojectscope. DOCUMENT ORGANIZATION &INDEXING.Based on the scope of the project and outcome of your consultation,MCCi will organize and index your documents.Each project will have its own required organization and indexing requirements.Our project management team will work with the Client to identify those requirements.Prior toproject kickoff we will send the Client example template cards and file- tree structure for their approval.Or,if the Client already has existing Laserfiche template cards created for a specific document series, they cansendus that template via Laserfiche Briefcase. DOCUMENT QUALITY CONTROL MCQ performs a thorough quality control process after the job has been completed.Steps are taken to ensure each document has been captured,the quality of the scanned image is comparable to the original,and all manual indexing errors have been corrected.MCCi cannot be accountable for records not reflected in original inventory report as provided by Client.MCCi will correct only those valid discrepancies reported within 90 days after delivery of electronic data to Client. DOCUMENT STORAGE.MCCi's facilities contain secure rooms for hardcopy "work in progress"document storage.MCCi will arrange for the return of hardcopy documents tothe client after completion of scanning.If documents reside at MCCi facilities for a period longer than 90 days after converted electronic data is delivered to client storage charges will apply. DATA STORAGE MCCi is not responsible for maintaining a copy of Client data,with the exception of Clients who contractually and on a recurring basis,utilize MCO's Online Document Hosting Services.MCQ periodically reviews and deletes client data from previous projects.The timing ofthe periodic review and deletion ofdata is at MCG's discretion.MCCi recognizes that for records retention and security compliance,theClient may require MCCi to delete copies ofit's data prior to MCCi's process ofdeleting data;If so,the Client is responsible for making the request in writing andfor obtaining confirmation ofdata deletion. ENTERPRISE WIDE SCANNING SERVICES.In accordance with the terms and conditions herein,MCCi can provide any department in the organization with scanning services fordocuments otherthanthose described in this pricing proposal.All costs are volume based and can be provided upon request.MCCi will consult with each department interested in beginning their own project to determine individualscanningandindexingneeds. MICROFILM &FICHE CONVERSION SERVICES.MCCi offers electronic conversion services for microfilm,microfiche,and aperture cards. The Client will provide MCCi with data to be converted to electronic format.MCCi will extract the images contained on thefilm/fiche and migrate them to Laserfiche orto another industry standard format as requested by the Client.The images will be captured based upon the reduction ratio and threshold between the beginning and ending of new images on the original film.MCCi is not responsible for theaccuracy ofexisting image quality,such asblack borders,skewed images,blurry images,non-legible images,orother errors that are not controllable by MCQ.Unless otherwise specified in the project scope,MCCi will index by the roll/card number or unique identifier. LASERFICHE SEARCH ENGINE MEDIA.Ifincluded inthe Scope ofServices,MCCi will integrate the documents with the LaserFiche Software to provide theClient with the most powerful index retrieval search engine available with thefollowing features:intuitive browse window,index cards,and full text word search.MCCi will provide the Client with the appropriate media containing all documents scanned and integrated with Laserfiche. ONLINE DOCUMENT HOSTING.MCCi will postthe documents tothe web fora minimal annual fee.MCCi provides the Client with a direct link which can thenbe linked tothe Client's website for public access ifdesired.Document storage costisdetermined upon actual image count.All documents onthesiteare integrated witha search engine,and updates are incorporated asthe database is amended. PROJECT TIMELINE.MCCi will complete and deliver the project within the predetermined project timeline as agreed upon with the Client.Should MCCi require additional time,the Client will be notified immediately. DOCUMENT TRANSPORTATION.The client is required to package all materials per MCCi's instruction prior to delivery of materials to MCCi facilities.If the client chooses to utilize MCCi's pick up and delivery service (offered in select states),pricing is based on picking up theentire project described inthe scope of services inone shipment.At the time of updating orif additional trips are required duetothe Client not having all the documents ready for pick up,additional charges will be applied.Ifthe client chooses to ship via a certified carrier,the clientincursallshippingcosts. PRICING.Charges apply onaper project basis andare dependent upon size and volume of documents.MCCi requires having theentire project in bulk,ratherthan in small quantities.Breaking the project into smaller quantities will affect the volume pricing,and additional chargesper image may apply.Asample may be required prior to confirming large volume job pricing. UNANTICIPATED DOCUMENT TYPES &SIZES.The prices quoted are made with the expectation that customer will properly prepare and annotate materials for scanning bureau use andthat documents are consistent with the description provided inthe scope of services.If documents arenotas initially represented,additional charges will apply.MCQ will call for authorization to proceed with the project. LASERFICHE SYSTEM CUSTOMERS.Due to requirements by Laserfiche systems regarding the importing of images and indexing information,itis highly recommended that Clients whoalready have a Laserfiche system have their documents scanned using only Laserfiche software.This will ensure that all associated indexing information will be properly retained afterthe importing of images into the Laserfiche system.MCCi has knowledge ofthe software versions,indexing requirements,and compatibility issues for each ofour Laserfiche system clients.For these reasons,MCCi should be considered asa Sole Source provider for scanning services.Additionally, Laserfiche System Clients are required to supply MCCi with a Laserfiche Briefcase oftheircurrent folder/template structure,prior to each scanningproject/updates toexistingprojects. MCQ CERTIFIED PARTNERS.MCCi maintains partnerships forthe purpose of additional capacity and flexibility in meeting client expectations.In theevent partners are used fora project,the management and support ofthe project is handled directly byMCCi. AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS.MCCi agrees to allow anyother Government agency to purchase items at thesame terms,conditions and pricing as this contract during the period oftimethatthis contract isineffect.Minor changes interms and conditions may be negotiated by MCCi and participating Government agencies.Any orders issued against this agreement shall bethe sole responsibility ofthe Government agency placing the order.Itis understood thatthe Client shall incur nofinancial responsibility in connection withanypurchaseby another Government agency. TERMINATION.Theservices provided inthisagreement will beinfull force and effect foraperiodofthree (3)years from thedateof shipment ofthe completed product tothe organization.Thereafter,this agreement will be automatically renewed from yearto year, provided thateitherpartymayalteror cancel thetermsofthis agreement upon sixty (60)days'written notice. FORCE MAJEURE.Neitherpartyshallbe liable foranydelayor failure in performance duetocauses beyond itsreasonable control. CLIENT RNANCIAL SOLVENCY/BANKRUPTCY.MCG may require payment in advance for products and services in response to learning of financialsolvencyorbankruptcyissues. LIMITED LIABILITY.Innoevent shall MCCi's total liability tothe client exceed the project feespaidto MCCi bythe client. PAYMENT ft BILLING TERMS.MCCi will invoice projectona monthly schedule,basedon deliverables (via Electronic media orthe internet).Payment isdueupon receipt ofaninvoice. MARKETING &REFERENCES Client agrees to allow MCCi to publish and publicize testimonials and case study information pertaining to MCCi's work withthe Client.This information,including the Client's organization name,logo,andcontact information will beusedin all media types The terms ofthis agreement shall remain in force and effect for a period ofninety (90)days from the date appearing below,unless accepted bythe Client. Submitted by:MCCi,a Limited Liability Company Date:November 11,2016 By: (Signature) Donny Barstow-President (Printed Name&Title) NotedItems Accepted by:CITY OF SOUTH MIAMI,FL Date: By: (Signature) (PrintedName&Title) Regular Size Large Format $0.50 per image in addition to scanning rate for regular images $1.00 perimage in addition to scanning rate for large format images 59 PickUp,PerBox Delivery,PerBox 60 MIAMI DAILY BUSINESS REVIEW PublishedDailyexcept Saturday,Sundayand Legal Holidays Miami.Miami-Dade County,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Beforetheundersignedauthoritypersonallyappeared MARIAMESA,whoon oath says that heor she is the LEGAL CLERK,LegalNoticesof the MiamiDaily Business Review f/k/a MiamiReview,adaily (except Saturday,Sundayand Legal Holidays)newspaper,published at Miamiin Miami-Dade County,Florida;thatthe attached copyof advertisement, beinga Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI-DEC.6,2016 in the XXXX Court, was published insaid newspaper in the issues of 11/25/2016 Affiantfurther says thatthesaidMiamiDailyBusiness Review isa newspaper published atMiami,insaid Miami-DadeCounty,Floridaandthatthe said newspaper has heretofore been continuously published in said Miami-Dade County,Floridaeachday (except Saturday,Sundayand LegalHolidays)and has been entered as second class mail matter.at the postofficeinMiamiinsaidMiami-DadeCounty, Florida,foraperiodof one year next preceding thefirst publication ofthe attached copy of advertisement;andaffiant further says-thatheor she has neither paidnorpromisedany person,firmor corporation any discount,rebate,commission or refund for the^uxposa^of securing this advertisement for publicatjp>in^he^aitrnewspape r. ,(SEAL) MARIAA1M^\mmf)^kno^[or ~♦.•©3028716 :^s %7*.<*>* CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING •NOTICE*IS HEREBY given thai the City Commission ofthe City ofSouth .:Miami,Florida will conduct Public Hearings)atitsregular City Commission 'meeting scheduled for Tuesday.December.6.201.6.beginning at 7:00 p.m..in ithe City Commission Chambers.6130 Sunset Drive,toconsider thefollowing ifem(s):.. AResolution authorizing the City Manager to.enter into a contract for a GPS Fleet Tracking and Reporting Services with Sprint Solutions-by piggybacking off of Sprint's multi-year .contract with the State of Florida. /A Resolution authorizing the City Manager to enter into a multi-year(contract with MCCI,LLC by piggybacking off of its contract with the ;\City.of Miami. An Ordinance amending the City -of South Miami Codeof Ordinances, Chapter 2,Section 2-2.1 (J)and (O)to provides additional administrative procedure"for public comments and quasi-judicial proceedings. An Ordinance amending Chapter 2,Article i,Section 2-2.1 (M)of the Code of Ordinances,to modify the procedure for prior City Attorney approval of all'resolutions,ordinancesand other documents before inclusion ontheCommission agenda.... ALL interested parties are invited to attend and will be heard. For further information,pleasecontactthe City Clerk's Office at: 305-663-6340. Maria M.Menendez,CMC •.CityClerk Pursuant to Florida Statutes 286.0105,the City hereby advises the public that if a person,decides to appeal any decision made by this Board,Agency or Commission with respect to any matter considered atits 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 averbatim record of the proceedings is made which record includes the testimony and evidence uDon whichtheappealistobe based•11/25 •16-38/Q00Q173856M ) 6SE NEIGHBORS SUNDAY NOVEMBER 272016 MIAMIHERALD.COM ROBERTOXOLTUN rkoltungamarclheralttxom LOOKING FORTHESTARSOFTOMORROW Above.LorissaSites.Cloe DurhanandGeorginaPaez(rear-center)participatedinthe 'Kids GotTalent'SuperStar Showcasefromthe I AmA STAR Program!heldNov.19.attheMiamiAirportPullmanHotel.Atright,Rickerson Moncoeurperforms.Theprogramhelpsrecruitnewyoungtalent. Q%k0W<$mm^J)W^ wf 8n»iWii>ffra|rt Interested?MWS hasmonthlybeginningwatercolorpaintingclasses, demonstrations,paint-outs,juried competitions,shows&more! YouarewelcometoattendaMiamiWatercolor Society meeting. Plnecrest CommunityCtr.•5855 SW 111 St..PinecrestFL33156•miamlwaterCOlor.Orfl SecondSundayofeach monlh,SeptemberthroughMay.1:30-3:30P.M. Withth*Mpptutof:ta Munii-DtdrCcu-ig0*j.artn>eirtc»OiBwalAftatft*nj tfv«CsfejralAffaitvCu.ircil. Ihs MtaiA-D«f*CountyMwjorand BoahJt>fCcvnly Cprnmbwutt. CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY giventhat the Ciiy Commission ofthe City ofSoulhMiami.Florida will conductPublic Hcaring(sj at it*regular Ciiy Commission meetingscheduledforTuesday. December6,2016,beginningat7:00p.m.,in the Ciiy Commission Chambers,6130SunsetDrive, toconsider ihe following ilemts): AResolutionauthorizing ihe Ciiy Manager lo enter imo a comrnci foraGPS Flcci Tracking mid Reporting Services wilb SprintSolutions'by piggybacking oil ofSprint's mnlii-ycar contractwith the StaleofFlorida. /a Resolution authorizing the Ciiy Manager to euler into a multi-year contract with 1MCCJ.LLCbypiggybacking oft'of its contract with the Ciiy ofMiami. AnOrdinanceamendingthe Ciiy ol SoulhMiamiCodeofOrdinances Chapier2,Section 2-2.1 (.1)and (O)loprovidesadditionaladministrative procedure lorpublic comments andquasi-judicialproceedings. AnOrdinanceamendingChapter2.Article1.Section 2-2.1 CM)ohhc Codeor Ordinance}., lo modify Ihe procedure forpriorCity Attorneyapprovalofall resolutions,ordinances andoilierdocumentsbeforeinclusionon ihc Commission agenda. ALLinterestedpartiesarcinvitedtoattendandwillbeheard. For furlhei information,pleasecontactthe CityClerk'sOffice af.305-663-6340. Maria M.Mcncndcz..CMC Ciiy Clerk PursuantIn FloridaStatutes286 0105.ihc City bcrchy nrivijes the public-thai iiapersondecides»oappealany decision made by this Board.AgencyorCommissionwithrespectto any malleiconsideredai its meeting or hearing,he or she will need arecord 0J the proceedings,ami thai lor such purpose,nilcctcd personmay need toensure thai a verbatimrecord o/the proceedings k made which rciord includes ihc testimonyandevidence upon which the?appealis to lie based. )