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8THE CITY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: FUND& ACCOUNT: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission December 6, 2016 Agenda Item No.: ~ Steven Alexander, City Manager 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. In 2012, via resolution 81-12-13638, the City has implemented an electronic document storage system, Laserfiche, with the intent of transferring various hard copy documents to a digital platform. Laserfische effectively stores and organizes documents that can easily be accessed by City personnel. Hard copy storage of documents takes up valuable City office space, however, Laserfiche alleviates the burden of storage and digital documents are easily located and printed, if necessary, from individual desktop personal computers. The City has been transferring documents to Laserfische over the past few budget cycles to minimize the overall financial impact in a single fiscal year. Moreover, the City is looking to take advantage of City of Miami's existing contract which provides the City of South Miami with the benefit of Miami's economy of scale which would provide the City of South Miami with a lower cost per scan. The City of Miami contract will allow the City to scan additional documents into the existing Laserfische system. The City of South Miami is proposing to use MCCI, LLC through a piggyback agreement from the City of Miami. The City Miami Contract is a multi-year agreement expiring June, 2019, pending renewals. Furthermore, the City is requesting funds, not to exceed $45,000, for fiscal year 2017 and will use this piggyback agreement during the budget process for future fiscal years digitizing requirements. The City of Miami Contract "Pricing Matrix" is broken down based on 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 shall be charged to the City Clerk's Digitizing Account, account number 001-1200-512-3480, which has a balance of $45,000 before this request was made. THE CITY OF PLEASANT LIVING ATTACHMENTS: Resolution CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Resolution 81-12-13638 Piggyback Agreement: • MCCI, LLC Proposals dated 11/11/2016 • City of Miami Contract No. IFB 391322 (19) • City of Miami Pricing Schedule 1 RESOLUTION NO: _____ _ 2 A Resolution authorizing the City Manager to enter into a multi-year 3 contract with MCCI, LLC. by piggybacking off of its contract with the City 4 of Miami. 5 WHEREAS, the City has implemented an electronic document system by 6 transferring various documents digitally to a Laserfische system; and 7 WHEREAS, Laserfische effectively stores and organizes documents that can be 8 easily accessed by City personnel and the public; and 9 10 WHEREAS, Laserfische eliminates the need to store documents thereby freeing 11 up valuable office space; and 12 13 WHEREAS, the Police and Building departments require sensitive documents and 14 building plans to be stored and organized digitally; and 15 16 WHEREAS, the purchase for these services will be from MCCI, LLC. through a 17 piggyback from the City of Miami Contract IFB No. 391322(19) for an amount not to 18 exceed $45,000 and charged to Account No. 001-1200-512-3480. 19 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 20 THE CITY OF SOUTH MIAMI, FLORIDA; 21 Section 1. The City Manager is authorized to enter into a multi-year contract, 22 not to exceed five years, with MCCI, LLC. by piggybacking off of MCCI, LLC's contract 23 with the City of Miami under Contract IFB No. 391322(19) and limited to amounts 24 approved in this resolution for the first fiscal year and to the amounts approved to be 25 expended in the City's budget for succeeding years. 26 Section 2. The City Manager is authorized to expend to MCCI, LLC. an amount 27 not to exceed $45,000 for fiscal year 2016-2017. 28 Section 3. The City Manager is authorized to expend to MCCI, LLC. in future 29 fiscal years, based on the commissions allocation for digitizing through the annual 30 budget process, and 31 Section 4. Severability. If any section, clause, sentence, or phrase of this 32 resolution is for any reason held invalid or unconstitutional by a court of competent 33 jurisdiction, this holding shall not affect the validity of the remaining portions of this 34 resolution. 35 Section 5. Effective Date: This resolution shall take effect immediately upon 36 enactment. Page 1 of2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PASSED AND ADOPTED this _ day of ____ , 2016 ATIEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION EXECUTION THEREOF CITY ATIORNEY Page 2 of2 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Edmond: RESOLUTION NO.: 81 -1 2 -1 3638 A Resolution authorizing the city manager to purchase Laserfiche Software for a total expenditure associated with this project of $47,130.96 from account numbers 001-1340-513-4634 Maintenance-internet services and 001- 1340 513-5205 Computer Equipment. WHEREAS, the City's MIS Office -International Data Consultants, Inc (IDC) is tasked with working towards a paperless environment; and WHEREAS, the City of South Miami needs assistance in achieving this task which will require the expertise of the MIS Office, International Data Consultants (IDC) who can help implement and carry out this important task; and WHEREAS, to achieve this task, the City will purchase the Laserfiche Software. By purchasing this software the city will accomplish various important tasks, it will provide staff a powerful way to best work and be a more efficient and informed team. It will provide the City the foundation for a paperless environment. Additionally, it will provide both the administrative and support staff training to utilize the software and its tools; and WHEREAS, the City desires to purchase these Licenses from the State of Texas Department of Information Resources contract through MCCI (Municipal Code Corporation) for a total a~ount of$ 47,130.96. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The city manager is authorized to purchase the Laserfiche Software from (MCCI) as set forth in Professional Services Proposal which is attached and made part of this resolution by reference, for a total amount of $ 47,130.96 to be paid from account number 00l~1340~513-4634 Maintenance-Internet Services which has a current balance of $ 18,930.75 and account number 001-1340~513-5205 Computer Equipment with a current balance of $ 41,953.67. Section 2 Commission. This resolution shall be effective immediateiy upon being approved by a vote of the City Passed and Adopted this 1.L day of Apr i 1 ... 2012. Approved: o/j{JU!lfJ ~ayo Commission Vote: 5-0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea CONTRACT FOR DOCUMENT MANAGEMENT SOFTWARE, HARDWARE & SERVICES THIS AGREEMENT made and entered into this __ day of , 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 "The City of Miami" solicited bids, pursuant to IFB# 391322, for Document Management Software, Hardware & Services; and WHEREAS, the "The City of Miami," after completing a competitive bidding process, awarded a contract to Contractor, and WHEREAS, the City of South Miami desires to utilize the "The City of Miami" Contract and pursuant to authority of the City of South Miami's Charter. NOW, THEREFORE, the City and the Contractor, each through their authorized representative/official, agree as follows: . 1. The City desires to enter into a Contract, under the same terms and conditions as set forth in the solicitation and the agreement between "The City of Miami" and Contractor, pursuant IFB #391322 and Contract No. 391322 (19). 2. The City has reviewed the contract and agrees to the terms and conditions to be applicable to a purchase order to be 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 the same price(s), terms and conditions as found in the solicitation documents and the response to the solicitation, pertinent copies of which are attached hereto as Attachment A and made a part hereof by reference, and the agreement and/or the award between the "The City of Miami" and Contractor, pursuant IFB #391322 and Contract No. 391322 (19). a copy of which, including any amendments and addendums thereto, is attached hereto and made a part hereof by reference. 3. All references in the contract between "The City of Miami" and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions that are to be made on behalf of the "The City of Miami," as set forth in the "The City of Miami" pursuant IFB #391322 and Contract No. 391322 (19), and its agreement with Contractor, shall be made by the City Manager for the City of South Miami. The term of the contract, including all extensions authorized by the contract shall not exceed five years. Notwithstanding anything contained in the IFB #391322 and Contract No. 391322 (19) or the "The City of 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 be in 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 Page 1 of5 in the attached Attachment A. 5. Contract Price. The contract price for the good and services is set forth in the attached Attachment B. If not otherwise set forth in the "The City 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 the work 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 hereof by reference. 7) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project 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 within a reasonable time at a cost that does not exceed the 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 of the 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, in a 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. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work Thomas F. Pepe -01-11-16 Page 2 of5 2 thereunder. 9. Validity of Executed Copies: This agreement may be executed in several counterparts,' each of which may be construed as an original. 10. Attorneys' Fees and Costs: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. . 11. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 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 on or before the day and year first above written. MCCI, LLC: By: (type name and title of signatory above) ATTEST: By: __ ~ ________________ __ Maria M. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof. By: ______________________ __ Thomas F. Pepe City Attorney Thomas F. Pepe -01-11-16 CITY OF SOUTH MIAMI By: __________________ __ Steven Alexander City Manager Page 3 of5 3 ATTACHMENT A CONTRACT FOR DOCUMENT MANAGEMENT SOFTWARE, HARDWARE & SERVICES CITY OF MIAMI CONTRACT NO. 391322 (19) Thomas F. Pepe -01-11-16 Page 4 of5 4 TO: FROM: CITY OF MIAMI, FLORIDA INTER-OFFICE MEMORANDUM ALL DEPARTMENT DIRECTORS AND CONTRACT LIAISONS Pablo Velez, Interim Director Procurement Department DATE: SUBJECT: REFERENCES: ENCLOSURES: July 14,2014 FILE: Document Management Software, Hardware and Services IFB No. 391322 Please find enclosed a copy of the 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 is not 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 to become familiar with its prices, terms and conditions, and items 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, the IFB No., Resolution No. and the corresponding catalog item numbers must be cited in the requisition. It shall be the responsibility of the using department to properly administer the contract to ensure that the contractor and the City perform all contractual obligations. In the execution of this 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. 5 CONTRACT AWARD Procurem£nt Vepartrnent FIRST RENEWAL IFB NO.: DESCRIPTION: TERM OF CONTRACT: CONTRACT PERIOD: RENEWAL PERIOD: COMMODITY CODE: iSECTION #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@mccinnovaitons.com 391322(19) DOCUMENT MANAGEMENT SOFTWARE, HARDWARE AND SERVICES TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS JUNE 16, 2014 THROUGH JUNE 15, 2016 JUNE 16, 2016 THROUGH JUNE 15, 2017 92045-00 iSECTION #2 -AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES C.C. AWARD DATE: JUNE 12, 2014 AMENDEDAMOUN~ NM RESOLUTION NO: 14-0215 INSURANCE REQUIREMENTS: YES ANNUAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: NM APPLICABLE ORDINANCES: NIA Notes: Funds allocated from the various sources of funds from the user departments and agencies, subject to availability of funds and budgetary approval at the time of need. The contract has been renewed for the period of June 16, 2016 through June 15, 2017. iSECTION #3 -REQUESTING DEPARTMENT INFORMATION TECHNOLOGY Contract Administrator: Stuart Henry Phone: (305) 416-1566 iSECTION #4 -PROCURING AGENCY CITY OF MIAMI, 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 GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: www.miamigov.com/procurement Initial,_Iv_=--_ ill itt! of ~iatni CONTRACT AWARD Procurement 1Jepartment IFBNO.: DESCRIPTION: CONTRACT PERIOD: TERM OF CONTRACT: COMMODITY CODE: !SECTION #1 -VENDOR AWARD MCCI, LLC 1700 Capital Circle SW Tallahassee, FL 32310 Contact: Donny Barstow Pho~e: (800) 342-2633 Fax: (850) 701-0715 Email: dwb@mccinnovaitons.com 391322(19) DOCUMENT MANAGEMENT SOFTWARE, HARDWARE AND SERVICES JUNE 16, 2014 THROUGH JUNE 15, 2016 TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS 920 !SECTION #2 -AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES C.C. AWARD DATE: JUNE 12, 2014 . AMENDED AMOUNT: N/A RESOLUTION NO: 14-0215 INSURANCE REQUIREMENTS: YES ANNUAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: N/A Note: Funds allocated from the various sources APPLICABLE ORDINANCES: N/A of funds from the user departments and agencies, subject to availability of funds and budgetary approval at the time of need.' '!SECTION #3 -REQUESTING DEPARTMENT RISK MANAGEMENT Contract Administrator: Latanya Johnson Phone: (305) 416-1659 !SECTION #4 -PROCURING AGENCY CITY OF MIAMI, PURCHASING DEPARTMENT Buyer: Tahlia Gray Phone: (305) 416-1912 Fax: (305) 416-1925 Prepared By: Aimee Gandarilla, 7114114 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: www.miamigov.com/procurement 6 TABULATION [FB 391322 -DOCUMENT MANAGEMENT SOFTWARE, HARDWARE, AND SERVICES THE DRS GROUP OF FLORIDA, INC. * MCCi,UC INFORMATION CONSULTANTS, INC. (NON-LOCAL) (NON-LOCAL) (LOCAL)t ; BIDUNEITEM PERCENTAGE DISCOUNT PERCENTAGE DISCOUNT PERCENTAGE DISCOUNT ITEM # 1-Percentage Discount, off Manufacturer C" -.----!.~<me-Ri'*-5.'!G-----, Published Price List or Catalog. for the purchase of , I (inladdition to the quantity discounted r~es Laserfiche Products and Services 1 Product: 6.75% on Laserfiche Product l offered in catalog) , , Laseifjche Products and Services offered shall :N% , j N i , {SAP: 10% on. Laserfiche Softweare Assurance ; indude: United, Avante, RIO, and Laserjiche 0 , Plan. Discount requires active SLA with MCa. l Lasemch!Gvante: 5% ! Software Assurance Plan (!SAP) Basic and i I N I j laserfiche UnltSli: Non indicated ~ Premium. f I 1 ITEM # Z-percentage t;liscount, off Manufacturer ! i i Published Price List or Catalog, fOr the purchase of i ; • -1 -j i'ujitsu Scanner Products and Services , i 0% i Fujitsu Scanner Products and Services offered 20% NO BID (P~OliShed Prices inchR'e best prices offe~d) R I shall indude: Scanners, Maintenance, Service, 1 f Accessories, and Software E 1 E ; ! . 1 ITEM # 3-Percentage C1scount, off Manufacturer :; i I ;, 1 I 1 , Published PrIce List or Catalog, for the purchase of p , p , i I j COntex Scanner Products and Services l , 9% NoctlC ~ NO BID , ConteX Scanner Products and Services I l ~ offered shall indude: Scanners, N ! j N I i Maintenance, Service, Accessories, and S ! ! S l I 1 Software. ; f • I I I i V 1 V I ITEM # 4 -percentage C1scount, off Manufacturer ~ NcFaJD Published Price Ust or Catalog.. fOr the purchase of NO BID j Kofax Software Products and Services : 1 i ~--. ~ .---1 -------------------------- created bi. Yusbel Gonzalez, CPPB 4/23/2014 1~F2 Created by: Yusbel Gonzalez, CPPB 4/23/2014 TABULATION IFB 391322 -DOCUMENT MANAGEMENT SOFTWARE, HARDWARE, ANDSERVlCES " Deemed non-responsive per Section 1.28 of the IFB. Failed to meet the requirements of formal solicitation under Section 2.7 (3) and Section 2.9. At time of bid, Bidder had' only completed one (1) municipality-wide installi!tion in the State 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 is either a manufacturer or manufacturer/distributor authorized reseller/dealer/serviceprovider of the product brands shown in Line 2, 3, and 4 of the IFa. 2i"2 INFORMATION CONSULTANTS, INC. (LOCAL)t t .Deemed non-responsive per Section 1.28 of the IFB. Bidder Failed to follow the requirements of the formal solicitation under Section 2.9- Discount Percentage and Published Price Ust • Bidder failed to indicate the percentage discount for the. Laserfiche United product .and further failed to include the manufacturer published price list for Laserfiche United products. Bidder also failed to indicate a percentage discount off manufacturer suggested published price list or catalog for the purchase of Fujitsu Scanner Products and Services. Approved by: Couvdc..G C- . Department Director/Designee ----... _._-_ ... _-_._----.------ ---T-~------'~--·-~-----~----------.----------------------------------------------------··--···--T-~-----·-----·--·----- TABULATION -CONTINUED IFB 391322 -DOCUMENT MANAGEMENT SOFTWARE, HARDWARE, AND SERVIcES BALANCE OF LINE (PER SECTION 2.10 OF THE IFB) MCCi* (NON-LOCAL) SERVICE PERCENTAGE DISCOUNT Setup Services (per hour) 10% Training Services (per hour) 10% Development (Integration) Services (per hour) 10% Customized Laserfiche services, such as are currently employed for automated bulk Importantlon and automated GS1·SL Retention Scheduling 10% (per hour) MCCi integration between Laserflche and legistar (Granlcu's Legislative Only available through MCCi as LF VAR Management Suite MCCllntegratlon between Leglstar and Munlcode Only available through MCCI as LF VAR Access to "Training Center for Laserfiche" • Created and Maintained by MCCI Upon Relnstantement: No charge for 1st year of subscription 1st Year of Managed Services (Up to 10 Hours) Upon Relnstantement: No charge for 1st year of LSAP renewal Discount on Scanning Services (Assuming Miami becomes an MCel Laserflche Client) Special Government Pricing -Please see attached *Clariflcation provided by MCCi for the Balance of Line Products and Services: I • All MCCI Services are eligible for the 10% discount off MSRP • All MCCI Products (with the exception of the Laserflche/Leglstar and Municode/Leglstar Integrations) are eligible for the 6.75% discount off MSRP. This was the same percentage offered on Laserflche software. Support for MCCI products Is offered at the same 10% discount as is Laserfiche support, as long as the City has an active MCCi SLA. • All Third Party Products and Support are available for purchase at the prices noted in MCCi's original response. • The Granlcus Suite Subscriptions have the 3% discount as noted In MCCi's original submission. Created by: Yusbel Gonzalez, CPPB 4/23/2014 10F2 TABULATION -CONTINUED IFB 391322 -DOCUMENT MANAGEMENT SOFTWARE, HARDWARE, AND SERVICES BALANCE OF LINE (PER SECTION 2.10 OF THE IFB) INFORMATION CONSULTANTS, INC.(LOCAL) f''''''''' .. ,,-'''' .... -' ".,,,,,"'" .... -.... , ....... --.-----... --•••.•.. " ............. ---.. -.. --....... ----........ --• ....,.....r---.. --.-.----.-~-.".---.. --~--------------, , SERVICE PERCENTAGE DISCOUNT ! ,Setup Services (per hour) 14% I Training Sel'vlces (per hour) 14% _ ~e~!nt (In!.:!~atlon) Services (per hour) '"" ..... _-,. ". ' • " Customized Laserfiche services, such 8NIWlt11y empljplieftn 1\.1 5 I VE I 14% I automated bulk importantion and autl~W<lN-sL"kel\~rec:lWtJ' 14% I, ~ou~ _____ ~ _________________ ~~~~ __ ~~--~----------~~~~~~--------~ ~. PUBLISHED LABOR RATES Base Rate"' $145 I Option # 1-$125 for 100 hrs ~~ __ ----__ --_.~_~-A ___ W_, .. -.-~,H_M-M_M_K#_AL_.=_U ________ .~gM'._ft ______ ·Q_~ ____ +_ ______ ~~ ____ ~~--~~--__ ~~ Option #/2 -$110 'for 100+hrs Deemed non-responsive per Section 1.28 of the IFB. Bidder Failed to fallow the requirements of the formal solicitation under Section 2.9 -Discount Percentage and Published Price' List. Bidder failed to Indicate the percentage discount for the Laserflche United product and further failed to Include the manufacturer published price list for Laserflche United products. Bidder also failed to Indicate a percentage discount off manufacturer suggested published price list or catalog for the purchase of Fujitsu Scanner Products and Services. THE. DRS GROUP OF FLORIDA, INC. (NON-LOCAL) SERVICE PERCENTAGE DISCOUNT , Setup Services (per hour) $180.00 PER HOUH ·'1 .. ~ ~III,"M Training Services (per hour) $180.00 PER HOUR Development jlntegratlon) Services (per hour) $180.00 PER HOUR I Customized Laserflche services, such fta1)ttl~3E'fgJ'l SIVE I automated bulk importantlon and au a -Sl Re e e n $180.00 PER HOUR . (per hour) Equipment Maintenance (per hour) $150,00 PER HOUR i - I---! , ---~ . -~, . ~ ..• -.-.. ~.~'w, .~ ...... _ .... -.... .~ .... ---, ... --- Deemed non-responsive per Section 1.28 of the IFB. Failed to meet the requirements of formal solicitation under Section 2.7 (3) and Section 2.9. At time of bid, Bidder had only completed one (1) municipality-wide Installation in the State 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 is either a manufacturer or manufacturer/distributor authorized resellerJdealerJservice provider of the product brands shown In ~ine 2, 3. and 4 of the IFB. Approved by: ~6LttI C. ~ Department Director/Designee Created by: Yusbel Gonzalez, CPPB 4/23/2014 20F2 o. IFBNumber: Title: Issue Datetrime: IFB Closing Datetrime: Pre-Bid Conference: Pre-Bid Datetrime: Pre-Bid Location: City of Miami Invitation for Bid (IFB) Purchasing Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: htlp:/IcLmiamLfI.us!procurement 391322,1 Invitation for Bid for Document Management Software, Hardware, and Services 11-DEC-2013 01114/2014 @ 11:00:00 Deadline for Request for Clarification: Tuesday, December 24, 2013 at 5:00 PM Gonzalez, Yusbel Buyer: Hard Copy Submittal Location: Buyer E-Mail Address: Buyer Facsimile: City of Miami -City Clerk 3500 Pan American Drive Miami FL 33133 US YGonzalez@miamigov.com (305)400-5104 II Page 1 of37 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy 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 prices. 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 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that 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: ____________________ _ FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISOUALIFY THIS BID. 12 Page 2 of37 Certifications Legal Name of Finn: 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 of receipt (Le. 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 13 Page 3 of37 Reference No.1: Date of Contract or Sale for above reference no. 1 Reference No.2: 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.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 or Sale for 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, or has 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 Contract or Sale for above reference no. 3 Have you completely filled out and included with your bid response ATTACHMENT A -Bid Price Sheet? YES OR NO? (Attachment A is located under the HeaderlNotes and Attachments Section of the IFB, in the Oracle/iSupplier Sourcing system) Have you included with your bid response the documentation/information requested in ATTACHMENT B -Bidder's Minimum Qualifications Documentation Checklist? YES OR NO? (This checklist is located under the HeaderlNotes and Attachments Section of the IFB, in the Oracle Sourcing system) 14 Page 4 of37 If Bidder has a Local Office, as defined under Chapter 18/ Articlle III, Section 18-73 of the 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 HeaderlNotes and Attachments Section of this solicitation) IS P~ge 5 of37 Line: 1 Description: BIDDE~S ARE NOT REQUIRED TO ENTER A UNIT PRICE IN THIS LINE. BIDDERS SHALL SUBMIT THEm BID PRICES UTILIZING ATTACHMENT A -BID PRICE SHEET, LOCATED UNDER THE HEADERINOTES 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: $. ___ _ 16 Page 6 of37 Invitation for Bid (IFB) 391322,1 Table of Contents Terms and Conditions ...................................................................................................................................................... 8 1. General Conditions ............................................................................................................................................ 8 1.1. GENERAL TERMS AND CONDITIONS ............................................................................................. 8 2. Special Conditions ........................................................................................................................................... 28 2.1. PURPOSE ............................................................................................................................................. 28 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION .......................................................................................................... 28 2.3. TERM OF CONTRACT ....................................................................................................................... 28 2.4. CONDITIONS FOR RENEWAL ......................................................................................................... 28 2.5. NON-APPROPRIATION OF FUNDS ................................................................................................. 28 2.6. METHOD OF AWARD ....................................................................................................................... 28 2.7. BIDDERS MINIMUM QUALIFICATIONS ....................................................................................... 29 2.8. DELIVERY ........................................................................................................................................... 29 2.9. DISCOUNT PERCENTAGE AND PUBLISHED PRICE LISTS ...................................................... .30 2.10. BALANCE OF LINE ......................................................................................................................... .30 2.11. FAILURE TO PERFORM ................................................................................................................. .30 2.12. INSURANCE REQUIREMENTS ...................................................................................................... 31 2.13. METHOD OF PAYMENT ................................................................................................................. 32 2.14. PACKING SLIPIDELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY .......... 33 2.15. RESPONSE TIME .............................................................................................................................. 33 2.16. ADDITIONIDELETION OF ITEMSIPRODUCTS/SERVICES ....................................................... 33 2.17. CONTRACT ADMINISTRATOR ..................................................................................................... 33 2.18. TIE BIDS ............................................................................................................................................ 33 2.19. LIQUIDATED DAMAGES ............................................................................................................... 34 2.20. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS .............................. .34 2.21. WARRANTY ..................................................................................................................................... .34 2.22. REFERENCES ................................................................................................................................... .34 2.23. SPECIFICATION EXCEPTIONS ..................................................................................................... .35 2.24. MAINTENANCE OF SCANNERS ........... : ....................................................................................... 35 2.25. TERMINATION ............................................................................................................•.................... 35 2.26. ADDITIONAL TERMS AND CONDITIONS .................................................................................. 35 2.27. PRIMARY CLIENT (FIRST PRIORITY) ......................................................................................... 36 3. Specifications .................................................................................................................................................. 37 3.1. SPECIFICATIONS/SCOPE OF WORK .............................................................................................. 37 Page 7 of37 17 Invitation for Bid (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 with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters ofInterest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT -Any good(s) or equipment delivered under this formal 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 or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER -The signed or electronic 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 a purchase order. 1.3. ACCEPT ANCEIREJECTION -The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re-issuanceon the goods/services described in the 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 of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re-issue this formal solicitation. 1.4. ADDENDA -It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED -The City may consider one (1) alternate response from the same BidderlProposer 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 BidderlProposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the 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 Page 8 of37 18 Invitation for Bid (IFB) 391322,1 proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful BidderlProposer agrees to provide access at all reasonable times to the City, or to any of its 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 BidderlProposer 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 in the immediate cancellation of this contract by the City. 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)/propciser(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 or agreement 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 by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder'slProposer'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 of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug-Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. BidderlProposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where BidderlProposer is in default ofthese contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder'slProposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re-solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from BidderlProposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result ofthe Bidder' slProposer' s default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful BidderlProposer. These documents may either be a 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 is exercised, the City shall notify the BidderlProposer, in writing, of its 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 BidderlProposer 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 of the expressed or implied warranty periods. Page 90f37 19 I I Invitation for Bid (IFB) 391322,1 G. The City reserves the right to award the contract on a split-order, lump sum or individual-item basis, or such combination as shall best serve the interests ofthe City unless otherwise specified. H. A Contract/Agreement may be awarded to the BidderlProposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the 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 a recognized surety company that is licensed to do business in the 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 or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. BidderlProposer shall forfeit bid deposit to the City should City award contract/agreement to BidderlProposer and Bidder/Proposer fails to accept the award. 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 (HARDCOPY 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 be just 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 -Ifand 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 of establishing 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, BidderslProposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the 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 a formal request is made. 1.15. CANCELLATION -The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing 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, is a 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 Page 10 of37 20 Invitation for Bid (IFB) 391322,1 for, or responsible to, the BidderlProposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION -BidderlProposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Purchasing Department or initiating department. The BidderlProposer certifies that its response is fair, without control, collusion, fraud or other illegal action. BidderlProposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics 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 or other 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(3)(A) 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 (NlOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict ofInterest, City Code Section 2-611;61. K. Cone 'of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the 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 contract( s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE -Pursuant to Section 18-74 ofthe City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB 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 or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Page 11 of37 21 Invitation for Bid (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 of the Cone of Silence do not apply to oral communications at duly 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 to the 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 by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. ofthe Special Conditions); or communications in 'connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders 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 be in the form of e-mail, with a copy to the Office of the City 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 by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a 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 ofthe City of Miami Code for further clarification. This language is only a summary of the key provisions ofthe 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 a copy of same. 1.21. CONFIDENTIALITY -As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. Ifthis 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 -BidderslProposers, by responding to this Formal Solicitation, certifY that to the best of their knowledge or belief, no elected/appointed official or employee of the 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 ofthe BidderlProposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. BidderlProposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform hislher/its duties, to secure a special privilege, benefit, or exemption for himselflherself/itself, or others. BidderlProposer may not disclose or use information not available to members of the general public and gained by reason ofhislher/its position, except for information relating exclusively to governmental practices, for hislher/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. BidderlProposer 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 of any third party before any Page 12 of37 22 Invitation for Bid (IPB) 391322,1 board, commission or agency of the City within the past two years. BidderlProposer 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 ofthe City. C. A violation ofthis section may subject the BidderlProposer 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 be considered by and subject to action by the Miami-Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS -BidderslProposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDERIPROPOSER -All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder( s )lProposer( 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 the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual 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 be exercised in accordance with regulations which shall b~ issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the perfonnance 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 to be indicative ofnonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perfonn caused by acts beyond the control of a party shall not be considered a basis for debannent or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which Page 13 of37 23 Invitation for Bid (IFB) 391322,1 the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS -An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULTIFAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion ofthis contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms ofthis agreement, the City will notify the Bidder/Proposer ofthe default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date ofthe termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree . specified in the Contract. 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 with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making 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 ofthe Contract in any material respect. All costs and charges incurred by the City as a result of a default or a 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 Page 14 of37 24 Invitation for Bid (IFB) 391322,1 this Contract. 1.28. DETERMINATION OF RESPONSIVENESS -Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements ofthe formal solicitation, includes all documentation, is submitted in the format outlined 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 off the 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 a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to BidderlProposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the 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 1.31. EMERGENCY / DISASTER PERFORMANCE -In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the 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 on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT -The Bid Contract or Agreement 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 the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the 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 only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES -Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated 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 the 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 prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES Page 15 of37 25 Invitation for Bid (IFB) 391322,1 A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) BidderlProposer fails to acknowledge receipt of addenda; 2) BidderlProposer mistates or conceals any material fact in the Response; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder'slProposer(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 for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. BidderlProposer 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 in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a BidderlProposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)lProposer(s) to show proofthat they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. 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) to be considered non-responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if exceptions are taken to the terms and conditions ofthe resulting agreement it may 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 be F.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. Page 16 of37 26 Invitation for Bid (IFB) 391322,1 1.37. FIRM PRICES -The bidder/proposer warrants that prices, tenns, and conditions quoted in its response will be finn throughout the duration of the contract unless otherwise specified in the Fonnal Solicitation. Such prices will remain finn for the period ofperfonnance or resulting purchase orders or contracts, which are to be perfonned or supplied over a period oftime. 1.38. FLORIDA MINIMUM WAGE -The Constitution of the 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, it is the contractor's and its' subcontractor(s) 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, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be detennined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and hislher subcontractor(s), if applicable, full responsibility to detennine whether any of its employees may be impacted by this Florida Law at any given point in time during the tenn of the contract. lfimpacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this infonnation at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the tenn of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all infonnation to make a wage and contractual price increase(s) detennination. 1.39. 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 or arbitration arising out of this Contract shall take place in Miami-Dade County, Florida. 1.40. HEADINGS AND TERMS -The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as moditying, amending or affecting in any way the expressed tenns and provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) -Any person or entity that perfonns or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health infonnation (IIHI) 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 not limited to: A. Use of information only for perfonning services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non-pennitted disclosures; C. Reporting to the City of Miami of any non-permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the BidderlProposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Infonnation (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. Page 17 of37 27 Invitation for Bid (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 by the negligence, recklessness or intentional 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 or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this 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 by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and insttUmentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, slJPplemental 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 of the Contract. This indemnity will be interpreted under the laws ofthe State of Florida, including without limitation and which conforms to the limitations of §72S.06 and/or §72S.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 City. 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 of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts ofthe 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 -BidderslProposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each BidderlProposer 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 to be provided by the Contractor under this Contract conform to the terms and conditions ofthe 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 of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. ' 1.45. INSPECTION OF RESPONSE -Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. BidlProposal results will be tabulated and may be furnished upon request via Page 18 of37 28 Invitation for Bid (IFB) 391322,1 fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following 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 of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a 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 of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails 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 of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the BidderlProposer 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 BidderlProposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the BidderlProposer. 1.47. INVOICES -Invoices shall contain purchase order number and details of goods and/or services delivered (Le. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE , A. City 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 by the non-local bidder, then that non-local bidder and each of the 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 by the non-local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in 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 or RFQ, as applicable, may, in the exercise of the reasonable 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 a local office will be specifically defined in the 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 in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination 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 by the Director of Purchasing of the City of Miami, Florida through Page 19 of37 29 Invitation for Bid (IFB) 391322,1 the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE -Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS -Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder'slProposer's expense. These non-conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re-procurement costs may be charged against tHe defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION -BidderlProposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, BidderlProposer 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 of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, BidderlProposer shall not discriminate against any person on the 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 as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. , In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest ofthe City. 1.55. OCCUPATIONAL LICENSE -Any person, firm, corporation or joint venture, with a 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 I of the 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 BidderlProposer to supply the license to the 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 Page 20 of37 30 Invitation for Bid (IFB) 391322,1 will be considered in response to this Fonnal 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 BidderlProposer pursuant to this formal solicitation shall at all times remain the property ofthe City and shall not be used by the BidderlProposer for any other purposes whatsoever without the written consent of the City. 1.5S. PARTIAL INVALIDITY -If any provision ofthis Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this 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 of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PERFORMANCEIP A YMENT BOND -A Contractor may be required to furnish a PerfonnancelPayment Bond as part ofthe requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT)-BidderslProposers 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 at the Bidder'slProposer's risk. A. Each BidderlProposer shall furnish the information required in the Formal Solicitation. The BidderlProposer shall sign the Response and print in ink or type the name of the BidderlProposer, 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.O.B. Miami delivery inside City premises unless otherwise specified. BidderlProposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the BidderlProposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The BidderlProposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The BidderlProposer 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 finn by hislher signature. BidslProposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder'slProposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when BidderlProposer 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 MUST BE RETURNED TO THE CITY Page 21 of37 31 Invitation for Bid (IFB) 391322,1 OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE. 1.61. PRICE ADJUSTMENTS -Any price decrease effectuated during the contract period either by reason of market change or on the part ofthe contractor to other customers shall be passed on to the City of Miami. 1.62. PRODUCT SUBSTITUTES -In the event a particular awarded and approved manufacturer's product becomes unavailable during the term ofthe Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contmctor represents and warrants to the City that it has not employed or retained any person or company employed by the 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, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. PROMPT PAYMENT -BidderslProposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. BidderslProposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the BidderlProposer must enter zero (0) for the percentage discount to indicate no discount. lithe BidderlProposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a 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. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.65. PROPERTY -Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession ofthe Contractor shall be the responsibility of the Contmctor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contmctor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible 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 ofthe parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES -A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods 9r services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a 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 a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section Page 22 of37 32 Invitation for Bid (IFB) 391322,1 287.017, for CATEGORY TWO for a period of36 months from the date of being 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 of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City 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 of this Contract by the City. 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT -All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the 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 of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. . 1. 71. REMEDIES PRIOR TO AWARD (Sec. 18-106) -If prior to Contract award it is determined that a formal solicitation or proposed award is in violation oflaw, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract 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 of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the 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 be used 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 by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract 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 three days after the Request for Proposals, Request for Qualifications or Request for Page 23 of37 33 Invitation for Bid (IFB) 391322,1 Letters ofInterest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation 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 three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief 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 by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Comer, Current Solicitations and Notice of Recommendation of Award Section. The notice ofthe City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If"various" is indicated in the Recommendation of Award To field, the BidderlProposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the 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 received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement 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 of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the 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 (t). This shall form the basis for review of the 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 wiII be added to the above limits for service by mail. In computing any period oftime prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day ofthe period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end ofthe next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the 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 of the 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. Page 24 of37 34 Invitation for Bid (IFB) 391322,1 (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (t), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such 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 followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must 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 by the protestor. (1) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount ofthe Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a 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 City. Ifnot 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 the City. 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 by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the 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. BidderslProposer must explain on the Response to what extent warranty and service facilities 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 or the omission from it of 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 to be used. All workmanship and services is to be first quality. All 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 the 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 RECEIPT OF RESPONSES -Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, C.ity Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, Page 25 of37 35 Invitation for Bid (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 in a sealed envelope, box package. The face of the 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 BidderlProposer. 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 to City Hall: FROM THE NORTH: 1-95 SOUTH UNTIL IT TURNS INTO USl. US1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BA YSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BA YSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. 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 of Bidder /Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the 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 stated in l.82.A. 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 of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the 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 BidderlProposer. 1.80. TERMINATION -The City Manager on behalf of the City of Miami 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 ofthe terms and conditions of the contract. Page 26 of37 36 Invitation for Bid (IFB) 391322,1 B. The City has detennined that such tennination will be in the best interest ofthe City to tenninate the contract for its own convenience; C. Funds are not available to cover the cost ofthe goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.81. TERMS OF PAYMENT· Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.82. TIMELY DELIVERY· Time will be ofthe essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.83. TITLE· Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE· All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains infonnation that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your finn's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS· Neither the qualified Bidder(s)/Proposer(s) nor any ofhislher employees shall perfonn any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work perfonned or goods delivered outside the scope ofthe contract or any work perfonned by an employee not otherwise previously authorized. 1.86. USE OF NAME· The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing infonnation obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written pennission of the City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS· For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. Ifvariations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 27 of37 37 Invitation for Bid (lFB) 391322,1 2. Special Conditions 2.1. PURPOSE The purpose ofthis Solicitation is to establish a contract, for Document Management Software, Hardware, and Services, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INI!'ORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: Yusbel Gonzalez; fax: (305) 400-5104 or email: ygonzalez@cLmiamLfl.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Tuesday, December 24, 2013 at 5 :00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERB ALL Y OR AFTER SAID DEADLINE. 2.3. 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, subj ect to the availability of funds for succeeding fiscal years. Continuation ofthe contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. CONDITIONS FOR RENEWAL Each renewal ofthis contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.5. NON-APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or his 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 is made that any particular or any project(s) will be awarded to any firm(s). 2.6. METHOD OF AWARD Award ofthis 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 Page 28 of37 38 Invitation for Bid (IFB) 391322,1 one or more items. BIDDER MUST SUBMIT THE MANUFACTURER PUBLISHED PRICE LIST OR CATALOG AT TIME OF BID. OTHERWISE BIDDER MAYBE 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 in this Bid; that have a record 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 if awarded a Contract under the terms and conditions herein stated. Bidder shall: (I) not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the 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 of State, Division of Corporations, to do business in the State of Florida. (www.sunbiz.org) BIDDERS RESPONDING TO LINE ITEM # 1 OF THIS IFB SHALL: (1) be a current Laserfiche Value Added Reseller (V AR) (2) currently 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 of Florida, along with support and maintenance of either 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 OS I-SL Retention Scheduling. (6) offer development (integration) services to assist with (consult) or provide integration solutions such as Windows Communication Foundation (WCF) Services, Web Services or other integration points. (7) have experience with Florida State Records Retention Law and the OS I-SL retention schedule, which the City of Miami is required to follow. BIDDERS RESPONDING TO LINE ITEMS # 2, #3, AND #4 OF THIS IFB SHALL: (1) be a Manufacturer OR ManufacturerlDistributor Authorized Reseller/ Dealer/ Service Provider of the product brands specified. 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 of any item(s) ordered herein within seven (7) business days after receipt of a Blanket Release. At time of order, products provided to the City under this contract must be the latest approved model or version Page 29 of37 39 Invitation forBid (IFB) 391322,1 available in the market at that time and agreeable and compatible with the City's implementation. 2.9. DISCOUNT PERCENTAGE AND PUBLISHED PRICE LISTS Bidders shall utilize Attachment A -Bid Price Sheet, to submit their bid prices. Attachment A is located under the HeaderlNotes and Attachments section of this solicitation in the Oracie/iSupplier Sourcing System. FAILURE TO SUBMIT THIS FORM AT TIME OF BID SHALL DEEM BIDDER NON-RESPONSIVE. Bids shall be submitted on the basis of a discount from a manufacturer's published price list(s) or catalog. Such published price 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 of issuance, and effective date. Published price list or catalog must be provided at the time of bid submittal in electronic format, either as an attachment in the header section of the bidder's electronic response via the Oracle iSupplier system OR in a CD or flash drive/memory drive if submitting a hardcopy bid response. With the exception of increases to the discount awarded, the percentage discount shall be fixed and firm for the term of the contract, including all renewal options. Revised published price list(s) or catalog may be used as a means of annual price adjustments. Revised published price list(s) or catalog will be accepted only in the event of an industry-wide price change, as evidenced by the issuance of revised price lists or catalog by the manufacturer. Published price list or catalog submitted at time of bid shall remain valid for a period of one (1) year from the contract start date. At least thirty (30) calendar days prior to the end of the current contract year, revised published price list(s) or catalog shall be submitted to the Department of Procurement. Revised prices will not become effective until the start of the new contract year. 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 scope of this contract that may be needed by the City during the term of this contract. For this reason, bidders are requested to quote the percentage discount that will be offered to the City for services such as, 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 GS1-SL Retention Scheduling (per hour) This discount shall be offered for all services listed in the bidder's published price list or catalog. The most recently published price list/catalog shall serve as the basis for establishing the price to be discounted. Bidder shall submit. at time of bid. published price Iist/catalo&!. or other yerifiable pricin&! source(s) for the services offered under the Balance of Line. 2.11. FAILURE TO PERFORM Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in default of the contract or make appropriate reductions in the contract payment. Page 30 of37 40 2.12. INSURANCE REQUIREMENTS INDEMNIFICATION Invitation for Bid (IFB) 391322,1 Bidder shall pay on behalf of, indemnifY and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of the contmct, including all acts or omissions to act on the part of bidder, 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 of the 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 of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The bidder shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 331jO, Certificate(s) of Insurance which in4icate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Commercial General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability -Each Occurrence: $1.000,000 General Aggregate Limit: $2,000,000 Personal and Adv. Injury: $1.000,000 Products and Completed Operations: $1.000,000 B. Endorsements Required: City of Miami included as an Additional insured. Contingent & Contractual Liability Premises and Operations Liability (2) Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non-Owned Autos Any One Accident: $1.000,000 B. Endorsements Required: City of Miami included as an Additional Insured (3) Worker's Compensation A. Limits of Liability: Statutory -State of Florida Waiver of Subrogation 41 Page 31 of37 Invitation for Bid (IFB) 391322,1 Employer's Liability A. Limits of Liability: $100,000 for bodily injury caused by an 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 LiabilitylErrors and Omissions Coverage Combined Single Limit Each Claim $1.000.000 General Aggregate Limit $1.000,000 Retro Date Included The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the 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 prior to insurance approval. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST 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 of this 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 a minimum often (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the 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 of the Bid. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in 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 Page 32 of37 42 Invitation for Bid (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 Successful Bidder upon final completion and acceptance. Goods/services provided without the prior issuance of Blanket Release shall be considered UNAUTHORIZED, in accordance with General Terms and Conditions Section 1.85 of the IFB. 2.14. PACKING SLIPIDELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY The successful bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall be attached to the 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, at a 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 forstandard support and a four (4) hour response time is required for emergency support. Failure to respond to a service call within the specified time may result in the contracted vendor being deemed in default of contract and possibly paying any and all costs associated with the services performed by an alternate vendor. 2.16. ADDITIONIDELETION OF ITEMSIPRODUCTS/SERVICES Although this Solicitation identifies specific items/products/services to be provided, it is hereby agreed and understood that any related item/products/services may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, the Successful Bidder(s) 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 with market prices offered for similar items/products/services, the supplier(s), if applicable, and item(s) shall be added to the contract. An amendment and updated Blanket Purchase Agreement shall be issued by the City. The newly added items/products shall be ordered via a Blanket Release / Purchase Order. 2.17. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Mr. Stuart Henry, who shall be designated as the Contract Administrator. 2.1S. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that is has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to Page 33 of37 43 Invitation for Bid (IFB) 391322,1 have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 2.19. LIQUIDATED DAMAGES Bidder shall provide all items at the guaranteed delivery time specified by the City in the Delivery Section of this solicitation. If the successful bidder fails to deliver within the specified delivery time, it is 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 ofthe contract), not as a penalty but as a form of compensation for the loss of not having the ability to use the 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 by the Bidder in conjunction with this Bid shall be new, 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 su~cessful 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 Page 34 of37 44 Invitation for Bid (IPB) 391322,1 Each bidder must provide at least three (3) references in the Header / Attributes / Certifications Section of the Invitation for Bid. References must include the name ofthe company, dates of contract, description of goods supplied, a contact person, telephone number, and e-mail address. Failure to provide at least three (3) references may deem bidder non-responsive. 2.23. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami 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 in writing 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 by an 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 of another 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 a twenty-four (24) hour response time from time of call. For emergency purposes only, a four (4) hour response time will be required. 2.25. TERMINATION A. FOR DEFAULT If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in 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) it is determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Contractor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.26. ADDITIONAL TERMS AND CONDITIONS Page 35 of37 45 Invitation for Bid (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. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part ofthis solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 2.27. PRIMARY CLIENT (FIRST PRIORITY) The successful bidder(s)/proposer(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule 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 of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. Page 36 of37 46 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK BACKGROUND Invitation for Bid (IFB) 391322,1 The City of Miami currently utilizes Laserfiche as a document repository to store official copies with long-term retention. Departments using the system include Building, City Clerk, Mayor, Planning, Community Development, Public works, Public Facilities, Code enforcement, Zoning, Planning and Human Resources. The City's support for Laserfiche has lapsed as of October 2011, due to the contracted provider losing value-added reseller status with Laserfiche. EXISTING SYSTEMS The City's Laserfiche system has remained at version 8.1.2 since October of2011. Most Workstations are currently on Windows 7 -64 bit and the server is Windows Server 2003 32-bit. The City has 32 Laserfiche full licenses and 84 read licenses and the server runs Laserfiche United Version 8.1.2 32-bit. The clients are Laserfiche 8.1.2.735 (and one case of7.21) on Windows 7 32-bit and Windows 764-bit. PRODUCTSANDSERYICESNEEDED LASERFICHE: Under this contract, Bidder's shall provide the City with the following Laserfiche products and services: Laserfiche United Laserfiche A vante Laserfiche RIO Laserfiche Software Assurance Plan (LSAP) BasicLSAP Premium LSAP Bidder shall also provide the City with setup services, training services, and customized Laserfiche services, such as are currently employed for automated bulk-importation and automated GSI-SL Retention Scheduling. The City will require development (integration) services to assist with (consult) or provide integration solutions such as Windows Communication Foundation (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 for needed maintenance and service, accessories and software. OTHER SOFTWARE: Under this contract, Bidder's shall provide the City with Kofax Software Products and Services. Page 37 of37 47 File ID #: 14-00460 Version: City of Miami Master Report Resolution R-14-0215 ContrOlling Office of the City Body: Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Enactment Date: 6/12114 Status: Passed Title: A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED ON JANUARY 14,2014, PURSUANT TO INVITATION FOR BID NO. 391322, FROM MCCI, LLC., THE LOWEST RESPONSIVE AND RESPONSmLE BIDDER, FOR THE PURCHASE OF DOCUMENT MANAGEMENT SOFTWARE, HARDWARE, AND SERVICES, ON AN AS-NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH OPTIONS TO RENEW FOR lliREE (3) ADDITIONAL ONE (I) YEAR PERIODS; AU1HORIZING THE ALLOCATION OF FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. Reference: Name: Accept Bid -MCCI, LLC. Requester: Department of Information Technology Notes: Sections: Indexes: Introduced: 5/6/14 Cost: Final Action: 6/12114 Attachments: 14-00460 Summary Form.pdf, 14-00460 Award Recommendation Form.pdf, 14-00460 Bid Tabulation Sheet.pdf, 14~00460 Invitation For Bid.pdf, 14-00460 Back-Up From Law Dept.pdf, 14-00460 Legislation. pdf Action History Ver. Acting Body Office ofthe City Attorney Date 6112/14 Action Reviewed and Approved City Commission 6/12/14 ADOPTED This Matter was ADOPTED on the Consent Agenda. Sent To Due Date Returned Aye: 5 -Wifredo (Willy) Gort, Marc David Sarnoff, Frank CaroIlo, Francis Suarez and Keon Hardemon Result City of Miami Page 1 Printed on 7/14/2014 48 Office of the Mayor 6/17/14 Office of the City Clerk 6/18114 City of Miami Signed by the Mayor Signed and Attested by City Clerk Page 2 49 Office of the City Clerk Printed on 7114/2014 CONTRACT A WAR D FIRST RENEWAL IFB NO.: DESCRIPTION: TERM OF CONTRACT: CONTRACT PERIOD: RENEWAL PERIOD: COMMODITY CODE: ISECTION #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@mccinnovaitons.com 391322(19) DOCUMENT MANAGEMENT SOFTWARE, HARDWARE AND SERVICES TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS JUNE 16, 2014 THROUGH JUNE 15,2016 JUNE 16, 2016 THROUGH JUNE 15,2017 92045-00 ISECTION #2 -AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES C.C. AWARD DATE: JUNE 12,2014 AMENDED AMOUNT: N/A RESOLUTION NO: 14-0215 INSURANCE REQUIREMENTS: YES ANNUAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: N/A APPLICABLE ORDINANCES: N/A Notes: Funds allocated from the various sources of funds from the user departments and agencies, subject to availability of funds and budgetary approval at the time of need. The contract has been renewed for the period of June 16, 2016 through June 15, 2017. ISECTION #3 -REQUESTING DEPARTMENT INFORMATION TECHNOLOGY Contract Administrator: Stuart Henry Phone: (305) 416-1566 ISECTION #4 -PROCURING AGENCY CITY OF MIAMI, 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 GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: www.miamigov.com/procurement ,nitia,. __ Iv-,-__ so ATTACHMENT B . CONTRACT FOR DOCUMENT MANAGEMENT SOFTWARE, HARDWARE & SERVICES CONTRACT PRICE & PROPOSAL Thomas F. Pepe -01-11-16 Page 5 of5 51 mCCi ExperienceExcellence Municipal Code Corporation PO Box 2235 • Tallahassee, Florida 32316 TELEPHONE (800) 342-2633 • FAX (850) 564-7496 Logan Di Liello, Senior Account Executive. extension 1725 • logan@mccinnovations.com November 11, 2016 Mr. Stephen Kulick Purchasing Manager 6130 Sunset Drive South Miami, Fl33143 Dear Mr. Kulick: Thank you for speaking with me recently regarding Conversion and Indexing services for your records. We have enclosed a proposal per our conversation. 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 Di lieffo Senior Account Executive Quotation Sheet-Police Department-Personnel SCOPE OF SERVICES AND PROJECT PRICING: City of Miami Contract Pricing -IFB NO: 391322 (19) The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic documents to be converted. PROJECT SCOPE -All estimates are based on information provided by the client • General Description Document Size: Document Types: Document Count: Image Count: Images per Document: • Document Preparation: Current Storage Method: Condition of documents: • Image Pracessing & Indexing DPI & Color: Number of Index Fields: • Image Output Method of Delivery: Output Type: • Material Handling Shipping Logistics: Shipping & Delivery Terms: • Special Notes • • • • Up to H"x17" Personnel Files Approximately 880 Approximately 176,440 Approximately 200/Document Normal prep, no re-prep & destruction 36-24" Cabinets, 4-36" Lateral Cabinets and 13 Banker Boxes Good Condition 300 DPI, Black & White Up to 3 Fields (Employee Name, Hire Date, Termination Date) Up to 1 Set per trip Laserfiche Briefcase MCCi Pick UP 1 Shipment Documerits will be named by information detailed above on file tab Client can provide excel index for QA All above are estimates, actual image counts may vary Documents will be held for 60 days after completion and then destroyed with written approval from Client • Digital media will not be converted • MCCi will provide remote system import assistance (up to 3 hours) • Shipping for one pickup is included in project 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-Up as detailed in the notes above. Regular Size Scanning $0.137/image Pricing listed in IFB NO: 391322 (19) are broken down to "Not to Exceed" rates. The rates are detailed below (can be referenced on page 53 of the awarded bid response document) and show a per image rate total lower than the "Not to Exceed" rates in the contract. 300 DPI Scanning per Image Doc Prep Per Page OCR per Image Indexing per Index Field TOTAL PAYMENT & BILLING TERMS • • <" • , Not to Exceed' .... 176,440 $0.11 176,440 $0.02 176,440 $0.01 2,640 $0.19 $.142 . ., " .... ',' Jlricir1gf,?~ , . South Miami Project .. . ' '. ($) ".' $0.105 $0.02 $0.01 $0.19 $0.137 MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon receipt of an invoice. Quotation Sheet-Building Plan Scanning SCOPE OF SERVICES AND PROJECT PRICING: City of Miami Contract Pricing -IFB NO: 391322 (19) The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic documents to be converted. PROJECT SCOPE -All estimates are based on information provided by the client • General Description Document Size: Document Types: Document/Roll/Fiche Count: Image Count: Images Per Document: • Document Preparation: Current Storage Method: Condition of documents: • Image Processing & Indexing DPI & Color: Number of Index Fields: • Image Output Method of Delivery: Output Type: • Material Handling Shipping Logistics: Shipping & Delivery Terms: • Special Notes • • • • Up to 42" Building Plans Approximately 100 Approximately 2500 Approximately 25 Rolls Good Condition 300 DPI, Black & White Up to 4 Fields (Project Name, Address, Parcel and Folio) Up to 1 Set per trip Laserfiche Briefcase MCCi Pick UP 1 Shipment Documents will be named by information found on the document and indexed from provided excel database Quoted pricing is dependent on excel database being used for indexing MCCi will schedule pickups of the records at an additional cost of $10/box, minimum $75 Documents will be held for 60 days after completion and then recycled with written approval from Client • Documents will be scanned as multipage documents • 3 hours of remote import assistance included PROJECT PRICING Building Plans -Conversion of Documents estimated cost $4,985 Includes MCCi service hours tor Project Management, Remote Import Assistance and Paper Document Recycling Large Format @ $1.512/image Pricing listed in IFB NO: 391322 (19) are broken down to "Not to Exceed" rates. The rates are detailed below (can be referenced on page 53 of the awarded bid response document) and show a per image rate total lower than the "Not to Exceed" rates in the contract. 300 DPI Scanning per Image 2,500 Doc Prep Per Page 2,500 OCR per Image N/A Indexing per Index Field 400 TOTAL PAYMENT & BILLING TERMS NottoExceeci .. $1.45 $0.02 N/A $0.35 $1.512 " .' ', .. •. Pricingfor .. South Mia01i . Project·· . . . ($) $1.45 $0.02 N/A $0.35 $1.512 MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon receipt of an invoice. Prices listed are per image/per job. If the project is broken up into multiple parts the volume pricing must be broken up as well. Quotation Sheet-Police Department-Internal Affairs SCOPE OF SERVICES AND PROJECT PRICING: City of Miami Contract Pricing -IFB NO: 391322 (19) The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic documents to be converted. PROJECT SCOPE -All estimates are based on information provided by the client • General Description Document Size: Document Types: Document Count: Image Count: Images Per Document: • Document Preparation: Up to 11"x17" Internal Affairs Cases & Backgrounds Approximately 250 IA & 175 Backgrounds Approximately 41,400 IA & 17,600 Backgrounds (59,000 total) Approximately 165/Document IA & lOa/Document Backgrounds Normal prep, no re-prep Current Storage Method: 2 36"Lateral Cabinets, 12 Banker Boxes & 10 Accordion Files Good Condition Condition of documents: • Image Processing & Indexing DPI & Color: 300 DPI, Black & White Up to 1 Field (File#) Number of Index Fields: • Image Output Method of Delivery: Output Type: • Material Handling Shipping Logistics: Up to 1 Set per trip Laserfiche Briefcase Shipping & Delivery Terms: MCCi Pick UP 1 Shipment • Special Notes • Documents will be named by file number on file tab • Client can provide excel index for QA • All above are estimates, actual image counts may vary • Documents will be held for 60 days after completion and then destroyed with written approval from Client • Digital Media conversion is not included in this scope • MCCi will provide remote system import assistance (up to 3 hours) • Shipping for one pickup is included in project pricing PROJECT PRICING Internal Affairs and Background Files -Conversion of Documents estimated cost $10,930 Includes MCCi service hours for Project Management, Paper Document Destruction Remote Import Assistance and Pick-Up as detailed in the notes above Regular Format: $.162/image Pricing listed in IFB NO: 391322 (19) are broken down to "Not to Exceed" rates. The rates are detailed below (can be referenced on page 53 of the awarded bid response document) and show a per image rate total lower than the "Not to Exceed" rates in the contract • 300 DPI Scanning per Image Doc Prep Per Page OCR per Image Indexing per Index Field TOTAL PAYMENT & BILLING TERMS 59,000 59,000 59,000 425 . ' .',:." .. ,'>.' .... .... . ... : .:' . . Not to ,Exceed:· . ·· .. ···I .. CityoflVli~miC(mtra~pri~ing' ::'" ... :.' PI';ei~gf9t : ....... :,. ' . . -' >'.Sou~hlVli~mrPrc)Ject·'· ':. IFBNO:391322(19) i ":($),.'" $0.12 $0.11 $0.05 $0.04 $0.01 $0.01 $0.35 $0.35 $0.182 $0.162 MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon receipt of an 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. A Consultation 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 materials that may prohibit the document from being fed through the scanner (Le. Removal of documents from file folders, Removal of staples, 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 otherwise in the project scope. 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 to project 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 can send us that template via Laserfiche Briefcase. DOCUMENT QUALITY CONTROL. MCCi 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 fd'r 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 to the 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 MCCi's Online Document Hosting Services. MCCi periodically reviews and deletes client data from previous projects. The timing of the periodic review and deletion of data is at MCCi's discretion. MCCi recognizes that for records retention and security compliance, the Client may require MCCi to delete copies of it's data prior to MCCi's process of deleting data; If so, the Client is responsible for making the request in writing and for obtaining confirmation of data deletion. ENTERPRISE WIDE SCANNING SERVICES. In accordance with the terms and conditions herein, MCCi can provide any department in the organization with scanning services for documents other than those 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 individual scanning and indexing needs. 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 the film/fiche and migrate them to Laserfiche or to 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 the accuracy of existing image quality, such as black borders, skewed images, blurry images, non-legible images, or other errors that are not controllable by MCCL Unless otherwise specified in the project scope, MCCi will index by the roll/card number or unique identifier. LASERFICHE SEARCH ENGINE MEDIA. If included in the Scope of Services, MCCi will integrate the documents with the LaserFiche Software to provide the Client with the most powerful index retrieval search engine available with the following 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 post the documents to the web for a minimal annual fee. MCCi provides the Client with a direct link which can then be linked to the Client's website for public access if desired. Document storage cost is determined upon actual image count. All documents on the site are integrated with a search engine, and updates are incorporated as the database is amended. PROJECT TlMELINE. 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 the entire project described in the scope of services in one shipment. At the time of updating or if additional trips are required due to the Client not having all the documents ready for pick up, additional charges will be applied. if the client chooses to ship via a certified carrier, the client incurs all shipping costs. PRICING. Charges apply on a per project basis and are dependent upon size and volume of documents. MCCi requires having the entire project in bulk, rather than in small quantities. Breaking the project into smaller quantitie~ will affect the volume pricing, and additional charges per image may apply. A sample 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 and that documents are consistent with the description provided in the scope of services. if documents are not as initially represented, additional charges will apply. MCCi 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, it is highly recommended that Clients who already have a Laserfiche system have their documents scanned using only Laserfiche software. This will ensure that all associated indexing information will be properly retained after the importing of images into the Laserfiche system. MCCi has knowledge of the software versions, indexing requirements, and compatibility issues for each of our Laserfiche system clients. For these reasons, MCCi should be considered as a Sole Source provider for scanning services. Additionally, Laserfiche System Clients are required to supply MCCi with a Laserfiche Briefcase of their current folder/template structure, prior to each scanning project / updates to existing projects. MCCI CERTIFIED PARTNERS. MCCi maintains partnerships for the purpose of additional capacity and flexibility in meeting client expectations. in the event partners are used for a project, the management and support of the project is handled directly by MCCi. AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS. MCCi agrees to allow any other Government agency to purchase items at the same terms, conditions and pricing as this contract during the period of time that this contract is in effect. Minor changes in terms and conditions may be negotiated by MCCi and participating Government agencies. Any orders issued against this agreement shall be the sole responsibility of the Government agency placing the order. it is understood that the Client shall incur no financial responsibility in connection with any purchase by another Government agency. TERMINATION. The services provided in this agreement will be in full force and effect for a period of three (3) years from the date of shipment of the completed product to the organization. Thereafter, this agreement will be automatically renewed from year to year, provided that either party may alter or cancel the terms of this agreement upon sixty (60) days' written notice. FORCE MAJEURE. Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control. CLIENT FINANCIAL SOLVENCY/BANKRUPTCY. MCCi may require payment in advance for products and services in response to learning of financial solvency or bankruptcy issues. LIMITED LIABILITY. in no event shall MCCi's total liability to the client exceed the project fees paid to MCCi by the client. PAYMENT & BILLING TERMS. MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon receipt of an invoice. MARKETING & REFERENCES Client agrees to allow MCCi to publish and publicize testimonials and case study information pertaining to MCCi's work with the Client. This information, including the Client's organization name, logo, and contact information will be used in all media types The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date appearing below, unless accepted by the Client. Submitted by: MCCi, a Limited Liability Company Date: November 11, 2016 By: (Signature) (Printed Name & Title) Noted Items Accepted by: CITY OF SOUTH MIAMI, FL Date: By: (Signature) (Printed Name & Title) Government Not-to-Exceed Scanning Prici S9 60 6SE I NEIGHBORS I SUNDAY NOVEMBER 27 2016 MIAMIHERAlD.COM ROBERTO KOLTUN rkoltun@mlamlh~ri\ldconl LOOKING FOR THE STARS OF TOMORROW Above, Lorissa Sites, Cloe Durhan and Georgina Paez (rear-center) participated in the 'Kids Got Talent' Super Star Showcase from the I Am A STAR Program! held Nov. 19, at the Miami Airport Pullman Hotel. At right, Rickerson Moncoeur performs. The program helps recruit new young talent. Interested? MWS has monthly beginning watercolor painting classes, demonstrations, paint-outs, juried competitions, shows & more! You are welcome to attend a Miami Watercolor Society meeting. Pinecrest Community Ch .• 5855 SW 111 St .. Pinecrest FL 33156 • mlamlwalercolor.org Second Sunday of each month, September through May, 1:30 -3:30 P,M. With In~ ~!lr.llori (If iht, Mlan;i-O .... dp CCIl!lty DPI'Mtn'(!Ilt ot Cultur~lf.ffalr~ IInJ Ih" (.llliurli! Affalf~ Co,mril the Mliollli-O .. de County Mi'l/Of alit! Borord (If Cc,unty Ce>mml:;s,olll.rt ~.~~:\ 'if Zl7 '~~IG CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given Ihal Ihe Cily Commission of Ihe Cily of South Miami. FloriJa will conduct Public Hcaring(s) at its regular City Cnmmis'iion meeting scheduled for Tuc<:;day. Ikccmber 6, 2016, heginning at 7:00 p,m, in the City Commission Chambers, 6130 Sunsl!t Drive, t(\ consider the followlI1g iICn1{s): A RC'Iolutioll authori.dng the City Manager to enter into;] contract for Ii GPS Fleet Tracking and Reporting: Scrvircs with Sprint Solutions hy piggybacking oJf of Sprint'li multi-vear contract with the SiaLe of Flonda. ( "A RC~.Olution CllllllDTl.·Zin g the. City Manager to ellt~r into II multi~ycar t'linlraCI Will:\. MCCl. LLC l>y piggybacking off of it, contract with the City of Miami. . J An Ordinance :unendmg the City oj South Miami Code or Ordinances. Chapter 2, Sectiun ~~2.1 0) and (0) to provides (ldditional administrative procedure fur puhlic conuncnl, and qUflsi-judicial proceedings. An Ord1l1tm~~ amending Chapt~r::. Article 1. Seclion2-2.1 {M) oithc Code orOrdimU1t:Cl'. to modify the procedure [or prior City Allorney approval of all resolutions, ordinances and other document:>: hcforc inc:lusinn on the Commission agenda. ALL intcrested p:utics arc invited to a1tenrl IIno will he h(~ard. For furlher information, plcase cOlllacllhe City ClL'rk's Olliet' at: 30)-6(,3-6340. Mada M. Mellendez. C'Me Cily Clerk Pur-munt to Florida Slatlltc~ 2R6 0105, lhC' City heTC'hy advis.es the puhlil-Ihat if a peTsoll c1eddes 10 appeal any de-(';Isinn madr by [hi') Board. AgL'n(,;y or COHunis)'ion with rc~pct"l 1(1 any !lUlie-I" (;(Jmil1crcd a1 it'; meeling 01" hC'Olfing. he or she will need" rr(;(Jrd of Ihe p)"(u.:e(!diilgS. ;md Ihul for ..;u!.!h pUTpOS.~. illrC'ctcd peNon mily m~ed 10 CIl<;llTe Ihal <l wrhatim rCl'oni,)f the pf{\cecding~ I..; m'ldc which Trl..Oft! illdudc~ Ihe testimony and cvidellcl' upon which the apPc1Jl is to hc hased. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday"and Legal Holidays Miami, Miami~Dade County, Flortda STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA" who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/kfa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; ihat the attached copy of advertisement, being a 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 in said newspaper in the issues of 11/25/2016 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida each day (except Saturday, sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says' that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the of securing this advertisement for Sworn to 25 day Ida.L,L~ CITYOIF SOUTH MIAMI NOTICE OF PUBLIC HEARING iNOTICE 'IS' HEREBY given that the City Commission of the City of South iMiami, Florida Will conduct Public Hearing(s) at its regular City Commissi"on lmeeting sch,eduled for Tuesday, December.6, 2016, beginning at 7:00 p.m., ih :the City Commission Chambers, 6130 sunset Drive, to consider the following item(s): ' ,A Resolution authorizing the City Manager to enter into a contract for a GPS Fleet Tracking and Reporting Services with Sprint Solutions, by piggyba9kirig 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 Code of Ordinances, Chapter 2, Section 2-2.1. (J) and (0) to provides additional administrative procedure for public comments and quasi-judicial proceedings. , An Oidinanceamending 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, ordinance,s'and9ther documents before inclusion on the Commission agenda. , ALL interested parties are invited to attend and wi'nbe heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk' , Pursuant to Florida Statutes 286.0105, the City hereby advises the public that'if a person decides to appeal any decision 'made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based, ' 11/25' 16-38/0PW173856M