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Res No 228-17-15029RESOLUTION NO: 228-17-15029 A Resolution authorizing the City Manager to enter into a contract with MCCI, LLC. for the digitizing and transferring of documents to Laserfische for the City Clerk's office. WHEREAS, the City has implemented an electronic document system by transferring various documents digitally to a laserfische system; and WHEREAS, laserfische effectively stores and organizes documents that can be easily accessed by City personnel and the public; and WHEREAS, laserfische eliminates the need to store documents thereby freeing up valuable office space; and WHEREAS, the City Clerk's office requires sensitive documents to be stored and organized digitally; and WHEREAS, the purchase for these services will be from MCCI, llC., through a piggyback onto the City of Miami Contract IFB No. 391322(19) which was renewed for a term from June 16, 2017 through June 15, 2018. The piggybacking onto this contract was previously authorized by City of South Miami Resolution 234-16-14789, dated December 6, 2016 for other services. The new piggyback contract for the digitizing of the City Clerk's documents is for an amount notto exceed $45,000 and charged to Account No. 001-1200- 512-3480. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to enter into a contract with MCCI, llC., that piggybacks onto MCCI, llC's contract with the City of Miami, Contract IFB No. 391322(19), for the digitizing and transfer of documents to laserfische for the City Clerk's office. Section 2. The City Manager is authorized to expend to MCCI, llC. an amount not to exceed $45,000 for fiscal year 2017-2018 and charged to Account No. 001-1200-512- 3480. Section 3. The City Manager is authorized to expend to MCCI, llC. in future fiscal years, based on the commissions allocation for digitizing through the annual budget process, and Section 4. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Page 1 of2 Res. No. 228-17-15029 Section 5. Effective Date: This resolution shall take effect immediately upon enactment. PASSED AND ADOPTED thi~ 9tl1day of December .2017 ATTEST: Page 2 of2 APPROVED: MAYOR COMMISSION VOTE: 4-0 Mayor Stoddard: absent Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea SoutOOiami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TtJE CITY Of PLEASANT .liVING To: FROM: DATE: SUBJECT: BACKGROUND: FUND & ACCOUNT: The Honorable Mayor & Members of the City Commission December 19, 2017 Agenda Item N03 Steven Alexander, City Manager A Resolution authorizing the City Manager to enter into a contract with MCCI, LLC. for the digitizing and transferring of documents to Laserfische f\lr the City Clerk's office. 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 overthe past few budget cycles to minimize the overall financial impact in a single fiscal year. Moreover, the City took advantage of the City of Miami's existing contract through Resolution 234-16-14789, dated December 6,2016, 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 Miami Contract is a multi-year agreement and was renewed through June, 2018. Furthermore, the City is requesting funds, not to exceed $45,000, for fiscal year 2018 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, not to exceed $45,000, 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. (dl South~iami THE CITY o'F PLEAsANT LIVING ATTACHMENTS: Resolution CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Resolution 81-12-13638 Resolution 234-16-14789 Piggyback Agreement: • MCCI, LLC Proposals dated 11/16/2017 • City of Miami Pricing Schedule • City of Miami Second Renewal RESOLUTION NO.: 81-12~ 13638 A Resolution authorizing the 'city manager to purwase 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- 1340513·5205 Compnter Equipment. WHEREAS, the City's MIS Office -Jntemational Data Consultants, Jnc (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 CatTy 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 hest work and be a mote efficient and info11lled team. It will provide the City the foundation for a paperless environment. Additionally, it will provide both the administrative and support staiftraining 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 MCCJ (Municipal Code Corporation) for a total amount of $ 47,130.96. NOW, THEREFORE, BE IT RESOLVED BY THE MA YOn AND CITY COMMISSION OF THE CITY OF SOUTHl\'IlAMI, 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 001·1340·513-4634 Maintenance·Internet Services which has a current baiance of $ 18,930.75 and account number 001·1340·513·5205 Computer Equipment with a current balance of $ 41,953.67. Seetion2 Commission. This resolution shall be effective immedi~iy upon being approved by a vote of the City Passed and Adopted thislLdayof April. 2012. Attest: ~l2~) Approved: J.V:tWiM Commission Vote: Mayor Stoddard: Vice Mayor Liebman: Commissioner"Newman: Commissioner Harris: Commissioner Welsh: 5-0 Yea' Yea Yea Yea Yea RESOLUTION NO: 234-16-14789 A Resolution authorizing the City Manager to enter into a multi-year contract with MCCI, LLC. by piggybacking off of its contract with the City of Miami. WHEREAS, the City has implemented an electronic document system by transferring various documents digitally to a Laserfische system; and WHEREAS, Laserfische effectively stores and organizes documents that can be easily accessed by City personnel and the public; and WHEREAS, Laserfische eliminates the need to store documents thereby freeing up valuable office space; and WHEREAS, the Police and Building departments require sensitive documents and building plans to be stored and organized digitally; and WHEREAS, the purchase for these services will be from MCCI, LLC. through a piggyback from the City of Miami Contract IFB No. 391322(19) for an amount not to exceed $45,000 and charged to Account No. 001-1200-512-3480. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to enter into a multi-year contract, not to exceed five years, with MCCI, LLC. by piggybacking off of MCCI, LLC's contract with the City of Miami under Contract IFB No. 391322(19) .and limited to amounts approved in this resolution for the first fiscal year and to the amounts approved to be expended in the City's budget for succeeding years. Section 2. The City Manager is authorized to expend to MCCI, LLC. an amount notto exceed $45,000 for fiscal year 2016-2017. Section 3. The City Manager is authorized to expend to MCCI, LLC. in future fiscal years, based on the commissions allocation for digitizing through the annual budget process, and Section 4. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 5. Effective Date: This resolution shall take effect immediately upon enactment. Page 1 of2 Res. No. 234-16-14789 PASSED AND ADOPTED this 6 thday of December. 2016 ATTEST: APPROVED: ~~~ CITY CLERK MAYOR COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea Page 2 of2 THE CiTY OF PLEIISANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: FUND & ACCOUNT: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER'()FFICE MEMORANDUM The Honorable Mayor & Members of the City Commission sieven Alexander, City Manager Agenda Item No.: cg' December 6, 2016 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, Laserflehe, 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. (i',. South'Miami THt CITY QF 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 Prepared For: South Miami, fl Presented By: logan Di liello SCANNING SOLUTION Issued: November 16, 2017 mCCi SCANNING SOLUTION SCOPE OF SERVICES AND PROJECT PRICING-City of Miami Contract Pricing -IFB NO: 391322 [ill The Client will furnish MCCi for its use in preparing the document irnaging project all hardcopy /electronic documents to be converted. PROJECT SCOPE -All estimates are based on Information provided by the client and are only estimates . based on the Not to Exceed dollar amount. MCCi will only scan the volume that reaches the Not to Exceed. • Genera! Description Document Size: Document Types: Fiche Count: Image Count: Images per Document: • Document Preparation: Current Storage Method: . Condition of documents: 3Smm Microfiche Permit Files 14,000 70,000 Approximately 20/ 4 fiche per Envelopes Good Condition, multiple fiche types • Image Processing & Indexing DPI & Color: 300 DPI, Black & White Number of Index Fields: • Image Output Method of Delivery: Output Type: • Material Handling Shipping Logistics: 1 Field, Document Name: Folio # Up to 1 Set per trip Laserfiche Briefcase Shipping & Delivery Terms: MCCi Pick UP 1 Shipment • SpeCial Notes • Documents will be named by Folio Number as Address Is handwritten and Illegible on envelopes. • All scope information abOVe are estimates to arrive at the not to exceed scanning amount of $45,000. Once reachect MCC! will coordinate with client for return of non-scanned documents. • One shipment is included In this scope to receive the rates below. MCCi I Page 3 of 7 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 CHent, according to the fonowing terms and conditions. MeCI DOCUMENT SERVICES -INDEXING SERVICES, Once MeG 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 anp/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, MeCi 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. Bas'ed on the scope of the project and outcome of your consultation, MCCt will organize and index your documents. Each project wtll have its own required organizatioh and indexing requirements. Our project management team will work with the Client to identiry those requirements. Prior to project kickoff we will send the Client example template cards and file~tree structure for thejr approval. Or, if the Client already has existing Laserfiche template cards created for a specific document series, they can send us that terr:'plate via Laserfiche Briefcase. DOCUMENT QUALITY CONTROL. MCei performs a thorough quality control process after the job has been completed. Steps are taken to ensure each document has been captured, the quality of the scanned image is comparable to the original, and all manual indexing errors have been corrected~ MCCi cannot. be accountable "for records not reflected in original inventory report as provided by Client. MeCi will correct only those valid discrepancies reported within 90 days after delivery of electroniC data to Client. DOCUMENT STORAGE. MeG's faciHties contain secure rooms for hardcopy "work in progress" document storage. Meei will arrange for the return of hardcopy documents to the client after completion of scanning. If documents reside at MeCi facHities for a period iOl1ger 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 Meei's Online Document Hosting Services, MeCi periodically reviews and deletes client data from previous projects. The timing of the periodic review and deletion of data is at MCCt's discretion. Meet 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, MeCi 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. MCa will consult with each department interested in beginning their own project to determine individual scanning and indexing needs. . MICROFILM &. FICHE CONVERSION SERVICES. MCei 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, slich as black borders, skewed images, blurry images, non-legible images, or other errors that are not controllable by MCn Unless otherwise specified in the project scope, MCCi wHi index by the roll/card number or unique identifier. LASER FICHE SEARCH ENGINE MEDIA. If included in the Scope of Services, MCCi will integrate the documents witl) the laserFiche Software to provide the Client with the most powelful 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 aU documents scanned and integrated with laserfiche. ONLINE DOCUMENT HOSTING. MCCi will post the documents to the web for a minimal annual fee. MeCi 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 COllnt. All documents on the sIte are integrated with a search engine, and updates are incorporated as the database Is amended. PROJECT TIMELINE. MCCi will complete and deliver the project within the predetermined project timeline as agreed upon with the Client. Should MCCi require additional time( the Client w!l! be notified immediately. DOCUMENT TRANSPORTATION. The client is required to package all materials per MCCi's instruction prior to delivery of materials to MeCi facilities. If the client chooses to utilize MCei'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 cbarges will be applied. If the client chooses to ship via a certified carrier, the client incurs all shipping costs. MCCi i Page 5 of 7 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 Lim'lted Liability Company Date: November 16, 2017 By: (Signature) (Printed Name & Title) Noted Items Accepted by: CITY OF SOUTH MIAMI, Fl Date: By: (Signature) (Printed Name & Title) MCCi t Page 7 of 7 \ i \ i . CONTRACT FOR DOCUMENT MANAGEMENT SOFTWARE, HARDWARE & SERVICES THIS AGREEMENT made and entered into this!1..-day of 2kcgmbt.-;20LbbY and between the City of South Miami, a Florida municipal Corporation by and through its City Manager (hereinafter referred to as "City") and MCn 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 "Tbe 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/officia~ agree as follows: 1. The City desires to enter into a Contract, under the same tenns 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 tenns 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 andlor 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 solicitstion documents and the response to the solicitation, pertinent copies of which are attached hereto as Attaehment A and made a part hereof by reference, and the agreement andlor the award between the "The City of Miami" and Contractor, pursuant IFB #391322 and Contmet 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 Ci!v 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 or Miami." as set forth in the "The City of Miami" pursuant IFB #391322 and Contract No. 391322 H9l, and its agreement with Contractor, shall be made by the City Manager for the City of South Miami. The tenn of the contract, including all extensions authorized by the contract sball 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 sball be in Miami-Dade County, Florida. 4. Scope of Goods and Services. The scope of goods and services are set forth Thomas F. Pepe-Ol-II-16 Pagelof5 in the attached Attachment A. S. Contract Price. The contract price for the good and services is set forth in the attached Attachment B. Ifnot 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 NiA 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 recov,er 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: CqNTRACTOR 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: (8) 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 tenn 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 requited 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 8 fonnat that is compatible with the infonnation technology systems of the public agency. IF CONTRACfOR HAS QUESTIONS REGARDING TIlE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACf THE CUSTODlAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendeZ@southmiamiO.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-OI.Il·16 Page:l 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 aod Coots: 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. Severabilliy: If any lerm or provision of this Agreement or the applicalion 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 Uilenforceable. shall not be affected thereby and each term and provision of this Agreement shall be valid and enforoeable to the fullesl extent permitted by law. IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives oflbe parties hereto have caused this insttument to be signed in their respective names by their proper officials on or before the day and year first above written. MCCK, LM: fJ. By: J-, ~ Donny Barstow -President (type name and title of signatory above) Read and Approved as to Form; Language, Legality and Execution Thereot: BY:,-~-'/~ Thomas F. Pepe City Attorney Thoma. F. Pepe -01-11-16 CITY OF. By: teven Alexander City Manager Page 3 of5 3 ATTACHMENT A CONTRACT FOR DOCUMENT MANAGEMENT SOFTWARE, HARDWARE & SERVICES . CITY OF MIAMI CONTRACT NO. 391322 (19) ThomasF. Pepe-OI-II-16 Page 4 ors 4 TO: FAOM: CITY OF MII\MI, FLORIDA imEFioOFF~CE MEIIIIOitANI>UI\II ALL DEPARTMENT DIRECTORS AND CONTRACT LIAISONS Pablo Velez, Interim Director Procurement Department SUBJECT: REFERENCES: ENCLOSURES: July 14,2014 FILE : Document Management Software, Hardware and Services !FB No. 391322 Please find enclosed a copy of the approved term contract for Document Management Software, Hardware and Services. This contract has heen 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 he purchased under this agreement except those specified in the contract. When requ .. ting this commodity or service, the IFB No., Resolullon No. and tbe rorrapoudiDg catalog item numbers must be cited iu the requisition. . It shall be the responsibility of the using departtnent 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 TabUa Gray, Procurement Specialis~ at (305) 416-1912 for assistance. . 5 (lIit~ of ~i&mi CONTRACT A WAR D Procurement Vepartnumt FIRST RENEWAL IFBNO.: DESCRIPTION: TERM OF CONTRACT: CONTRACT PERIOD: RENEWAl PERIOD: COMMODITY CODE: ISECTION 1/1 -VENDOR AWARD MCCI. LLC 1700 Capi .. 1 Circle &N Tallah ...... FL 32310 Contact Donny Barstow Phone: (BOO) 342,2633 Fax: (850) 701-0715 email: dwj!@mcs!l1!\!!Va!!pna.com 391322(19) DOCUMENT MANAGEMENT SOFlWARE. HARDWARE AND SERVICES TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDmONAL ONE-YEAR PERIODS JUNE 16. 2014 THROUGH JUNE 15.2016 JUNE 16. 2016 THROUGH JUNE 15. 2017 92045-00 ISECTION tI2 -AWARDIBACKGROUND INFORMATlONIAPPUCABLE ORDIIWICESINOTES . C.C. AWARD DATE: JUNE 12.2014 AMENDED AMOUNT: NlA RESOLUTION NO: 14-0215 INSURANCE REQUIREMENTS: YES ANNUAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: NIA APPUCABLE ORDINANCES: NIA Notes: Funds .. _ from the veri .... BOUrces 01 rund& from the user departments and agenclaa, Bubjoct to avallablllt)' 01 funds and ~ approval a' the urn. 01 need. The contract has been mnawedforthe Period of June 16,2016 through June 16, 2017. ISECTlONtl3 -REQUESTING DEPARTMENT INFORMATION TECHNOLOGY Contract Administrator: Sluart Henry Phone: (305) 416-1566 ISECTION #4 -PROCURING AGENCY CITY OF MIAMI. PROCUREMENT DEPARTMENT Buyer: Peen Bethel Phon.: (305) 416-1949 Fax: (305) 416-1925 Prepared By: Max 5og ••• e. 6127/2016 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO AselST YOU WITH THe INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPlIER INFORMATION SECTION OF OUR WEBPAGE A.T: www.miamjgov.com/pfocurement Initial {[[itt! of ·~i(tmi CONTRACT AWARD ~"... .,.,..,.""""""''''''''''". ~-t J[-'-6!,J!fL.·QQ'(f;.llfWfU ~~~q '&d,"'~/j: 16 IFBNO.: DESCRIPTION: CONTRACT PERIOD: TERM OF CONTRACT: COMMODITY CODE: !SECTION" -VENDOR AWARD MCCI,LLC 1700 Capital Circle SW Tallahassee, FL 32310 Contact: Donny Barstow 1'I1o!1e: (800) 342-2633 FIX: (850) 701-0715 email: dv.t@mcc!nnoyaitoQScam . 391322(19) DOCUMENT MANAGEMENT SOFTWARE, HARDWARE AND SERVICES JUNE 16, 2014 THROUGH JUNE 15, 2018 lWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS 920 !SECTION f2 -AWARpIBACKQ!!OUND lliiFORMATIONlAPPYCASI'l ORDIIfAHCESJNOTES C.C. AWARD OATE: JUNE 12,2014 AMENDED AMOUNT: NJA RESOLUTION NO: 14-0215 iNsURANCE REQUIREMENTS: YES ANNUAL CONTRACT AMOUNT; NJA PERFORMANCE BOND: NJA _: F""'_!ramtheVl~""IiO""" APPUCABLE ORDINANCES: NIA onundo!ram .... _ clepartmenla and agencleo,aubjocl to aviollablilly oIfunds aJid budgetary approllBl altho_of_ ... . !SECTION t3 -REQljIjSDNG DEPARIIIENT RISK MANAGEMENT Contract Admlnis1ralor. Latanya Johnson Phone: (305)416-1659 !sECTlON 14-PROCURING AGENCY CITY OF MIAMI, PURCHASING DEPARTMENT Buyer: Tahlla Gray . Phone: (305) 416-1912 FIX: (305) 416-1925 Prepared By: Aimee Gandarilla, 7114/14 ACONTRACT AWARD SHEETINSTRUCnoNAL GUICE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN 18 AVAILABLE IN THE ISUPPUER INFORMA11ON SECTION OF OUR WEBPAGE AT: \Wt'W,mlamlgov com/procurement 6 TABULATION IFB 391322· DOCUMENT MANAGEMENT SOFTWARE, KAROWARE,AND SERVICES THE DRS GROUP OF !~~IDA, INe. • MCCI, III: INFORMAlION CONSULTAtm,INt. iNa (lC(AJJ~ BlDUNEITEM PERCENTAGEDISI:IIUNT PER!:!MrAGEDJIaIUNT I'IRaNTAGUISCOUNT lTEM.l .. Pl!ra!ntqel:lCJcaunt,offMlnufacturar , _: , Published Prb Ust or CIlIa'" for the purr:heIa of j I Produm 6.75" on Laserffche Praduct [In~dJtion to the quantJty discounted ~ I.aIerIcbe PnMIucts end 5en1fc1s, I offered ill tatalogl I l.ast!tfkhe Produas IItId SeMt:es 0/fr!RIJ shtIJI j • 1 l$AP: 1m' on lal8rfEthe SoftweareAssunnte j N I Int:/Ude: Unfh!4 Awmrc, RIO~ rmd I.tIRrjfdre 1 0 I" Plan. DflCOUnt ~ulreS"8ctfveSLA with Mal. f laSerflchOvante: 5" j ~AssimJrJmPlIIIJ(LSAPJBosIcflml 1 I- PfemIum. I N L.aserliche U~: Non Imffcated [ mM#Z-Perceiitqa 0IK0uIIt, off Manufacturer :: I I PubRshed Plica Ikt or CataIaI. fOr the-pun:hase of I . I I.. i ""jllsu5ca __ .... _ -1m.;, : 2~ NO liD t • i FuJh;su St:tInner PrDduas and smrces o/Irred /' Q't¥llished Prices lnc1rfe best priteS offe~) shDHIndude:_ ..... _ ..... __ R /1 I _ : ~-rmd·~·-E lEi -----~ "'""!ILWW.C 1 '! 1TEM ••• __ Dlf_! "'! I ~ _ ! PuhllahedPrl .. Ust ... c>taI."far1llep'-of I-I' I p , ""_Scan .... _.n.IS.""... n ,. n I eon ... SitI ..... _tmdSeM.". I' "'" I NO BID NCTI!ID j <llfer<dsholl_ 5"""",,", j II! N j __ A_ ... """ 5 S ! *_. ; . 1 ~ t V 'I ITEM. 4-PeraJttage DIscoUltt. Cdr ManUfaClUrer i I .................. Ustora. .. ' ... ror""'....-of! *', N08ro I .!s1D __ .. Prad_ .... _... I I I ! ! created trf.' Vusbel Gor:ualel. CPPB 4/2312014 1,'2 ----.. __ .. -... _ .... ----_.-.------ created by: VUSbel Gonzalez, CPPB 4/23/2014 TABULATION IFB 391322· DOCUMENT MANAGEMENT SOFIWARE, HARDWARE, AND SERvm THE DRS GROUP OF Fl.DRIDA, 11IlC, • • Deemed nOn-raponSive per SectIon 1.28 of !the IFI. failed to meettlte requirements of formel !olidtatfon ~nder Sedfon 2.7-(3} and :ec.tlDn 2.9.Attlme ofbld, BldderhllChmJy comp_ one (1) munlcipllltV-Wldelnstal~1Ion In the State ofRorfda. The IFB raquirld that a Bidder bave completad at lent two (2). Bidder .'so talled' to Indude manufacturer price lists that clearly showed tile date of IssUince and effectIvedaba. Furthtlrm~ Bldd .. faDed to Include documentation conflrmingthlt JUs either a manufaetw"er Of manufacturer/tlstrfb_autflorlzed reseller!deaJer! ..... ce proYlder oflllo produC! brands shawn In Une 2, 3, and 4 of the IFB. 2,,2 MCCI,UC INFDRMAnON CONSULTArm.INC t 'tDeemed nctn-respOnslve perSectfon US of Ie 'FR. Bldcfer Failed to rolJow the requirements oIth.(.,_ .. II_ und ... S«tkJn2.9_ D/.scoUnt PeJ ceriCUge and published Ptfce LIst. Bidder failed to litdlcate the pen:entage discount r 1forthe Laserftche.united. product and further failed to Indude the manufocturerpubl1shed ~ce list for Laserfiche UnItecl products. Bidder aboflliled to IrKfICate a percerJl:Zlge discount off manuflt:b.rrer 5UBB!5ted pubBshed priCe lISt or -OB for the fIIIrdIase of FuJls. SQMer Prod.cts and_ .... /UVlld"'" Curdc..C r- Department_/liesisnoe ------------------------.-------------------------.. ----.--- TABULATION -CONTINUED IFB 391322 -DOCUMENT MANAGEMENT SOAWARE, HARDWARE, AND SERVIcES BAlANCE OF LINE (PER SECTION 2.10 OF THE IFBI MCC'* (NON-LOCAL) SERVICE PERC£NTAGE DISCOUNT SetUD5ervloeslllOl' he,ll 1011 rrolnrn.. 5ervl_1Per h .... 1 1011 Deu.lop"'ent'~_lp ... houtl 1011 a.stGmlzed J.asorflche ......... ..." H .... IU/I8IItIy el1ljlloved lot ~ bullclmpanantionlnd ... _d GSlo5l._tlon Sdlodullnl 1011 !Iou ' Mea rnllC,aUa" beIweeo! laJerfIdoe Ind I.e8fstIt IGro_'.1eP1atIw Onlyavallablethrousl> MCCla. LFVAH MIl SUllo Meal loolwoeoiiHillir Ind ""'_ OnlY available thrOUIIh Mta ... LF VAH _to -rr-. Centorlll'l."'liche° -created and ""'1ntaInod bw MCCI Upon Reln!lantomont: No ella,.. for tstyear 01 subscMlon 1st I'II8r ofM ...... _1I/p1o 10 ItouBI upon Relnstantement Noella,..for 1st yeat of LSI\!' _I =._on ScouIIoqSe_1AssumIna MIamI--..an Mta laJerfIdoe SpecIal Gowmment Pttdooc-Plmesee_ '. All Mea Products ,with the eooceplfon oflhe WoriIthe/I.eaIst iond Munlaode/l.e8lslat IfIII!&nltlons) are ~ forthe 6.75% dIscountoll MSRP. This wuthe....,., pen:ant.a&e offered on I.IISeofldoe software. SUppootforMta l"Qducts Is offered at the some 11l1' discount as Is Weoftche support, ... long as the CIty has en _ MCO $lA. o All Third Patty Ptaducts.nd SUpport a ... available for ""rchase at the prices noted In MCCI's 0II&Ina1 reSponse. o The GranIaIS SUite SUbsalpllons have the 3" discount as noll!<! In MCaS .... nal ... ~. Created by: Y,sbel Gonzale" CPPB 4/23/2014 10F2 ... i I I TABULATION -CONTINUED IFB 391322 -DOCUMENT MANAGEMENT SOFTWARE, HARDWARE, AND SERVICES bulk ImportaJ1tlDlland 14% __ .... "P ._per _ L2801the IfII.IIIddor_tofollawthe ....... ' ..... oIlheformal!~~~~~~ 2.9-___ a and PublWoetllPII"o_ 81dder'_to I_lheporaunlllp_farlhe ~""lIed """"'" and fu __ to_lIHt_rerpu~ ""'" II.Uorl.alelfldul u_ ~ ___ to ..--a ........ _-..calf_... iEdpu_ pdrle UstorCliakllforlhe.....,.. oIFU)llsuSan .... _ ..... - and $160.00 PER HOUR Deemed_esp .. _perSectlGnL28af ..... lF8. FaIed to meet ..... -""'"enII oIformIl __ 5eC:Ifan2.7 13) and SaI:tIcm 2.9. Attlma of bid. BIdder hod on" oompIetod ... (1, munldpalrty.wlde I_BIllIOn In ..... Sllle ofFIarIdL 1110 IfB I'IqIIIrad tIIat. BIdder'-_1etad at leasttwo (2~ 8IcIder .... fllied to Induda .... nufoCbIrer ...... lIsIstllat .... rIy~ ..... cIote 01 ......... and IIffecthoe dale. Farthermore, BIdder '-to Indude _Ion conflnnlnslilOt ft Is _. manula<turwar 1llllUlfal:lure/ __ '_.,,_,_ .......... 0I1he product bra .... "-" In LIne:z. 3, and 4 of the lIB. Approved by: ~aJ c.. ~ Department Dlrector/Designee Created by: yu,bel Gon,.le" CPPB 4/23/2014 20F2 i I I I .. I I I I i· I I IFBNumber: Title: Issue Datetrime: JFB Closing Datetrime: . Pre-Bid Collf'erence: Pre-Bid DatelTime: Pre-Bid Location: City of Miami Invitation for Bid (IFB) Pun:haslng Department MJaml Rlveralde Canter Miami, FJorida 33130 WBb Slla AddreSS: 1l1Jp~IcI,miamI.fl.US/plOGlJrement 391322,.11. Invitation for Bid for Documen¢ Management Software, Hardware, ud Services H-DEC-2013 OHl1412014 @ U:OO:OO DeadUne for Request for Clariflcation: Tuesday, December 24, 2013 at 5:00 PM Buyer: Gonzalez, Yusbel Hard Copy Sabmiltal Location: City of Miami -City Clerk 3500 Paa American Drive Miami FL 33133 US Bayer E-Mail Address:YGonzalez@mlamigov.com Buyer Facsimile: (305)400-5104 II Page 1 of37 Certification Statemeoi Please quote on this fonn, 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 rigbt to accept or reject all or any part of this submission. Prices should be finn for a minimum of 180 days following the time set for closing of the submissions. In the event of elTOrs in extension of totals, the unit prices shall govern in detennining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver,II.0.8. 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 violaiions, 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 psragniPh and section). EXCEPTIONS: We (I) certify that 8ny and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connectilln with any corporation, firm, or person submitting a submissioo 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 oftbis solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIERNAME: _________________ _ ADDRESS: _____________________________________ __ PHONE: _______________ FAX: __________ _ EMAIL: ___________ BEEPER: _____________ __ SIGNED BY: ________________ ~ ___ _ TITLE: __________ DATE: ________ _ FAILURE TO COMPI.J1JE. SIGN. AND RETURN THIS FORM SHALL roSOl/AUF\' THIS BID. 12 Page 2 of37 I I Certifications Legal Name afFirm: Entity Type: Partnership, Sole Proprietorship, Corpomtion, etc. Year Established: Office Location: City of Miami, Miami-Dade County, or Other Office Address, incloding City, State, and Zip Code: Full Name of Bidder's Representalive, 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 eddendum/addenda receiVed. List the eddendum/eddenda number and date of receipt (i.e. Addendum No. 1,711/07). !fno eddendumleddenda was/were issued, please insert N/A. Reference No. I: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitalion, or has provided such services/goods in the past: Reference No. I: Address, City, Stale, and Zip for ahove reference company/agency listed: Reference No. I: Name of Contact Person, Telephone Number, and E-mail Address for above reference no. I 13 Page 3 of37 Reference No. I: 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 ahove 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 ahove 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 ahove reference company/agency listed: Reference No.3: Name of Contact Person, Telephone Number, and E-mail Address for ahove 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 A IT ACHMENT A -Bid Price Sheet? YES OR NO? (Attachment A is located under the HeaderlNotes and Attachments Section of the IPB, in the Oracle/iSupplier Sourcing system) Have you included with yollr bid response the documentation/information requested in A IT ACHMENT B -Bidder's Minimum Qualifications Documentation Checklist? YES OR NO? (This checklist is located under the HeaderlNotes and Attachments Section of the II'B, in the Oracle Sourcing system) 14 Page 4 of3? If Bidder has a Local Office, as defined under Chapter 18/ ArticIle llI, 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" fonn? YES OR NO? (The City of Miami Local Office Certification fonn is located in the Oracle Sourcing system ("iSupplier"), under the HeaderINotes and Attachments Section ofthis solicitation) 15 PageS of37 Line: 1 Description: BIDDERS ARE NOT REQUIRED TO ENTER A UNIT PRICE iN THIS LiNE. BIDDERS SHALL SUBMIT THEIR BID PRICES UTILIZING ATTACHMENT A _ BID PRICE SHEET, LOCATED UNDER THE HEADERINOTES AND ATTACHMENTS SECTION OF THIS SOLICITATION IN THE ORACLEliSVPPLIER SOURCiNG SYSTEM. Category: 92045-00 Unit of Measure: Each Unit Price: $, __ _ Number of Units: Total: $, ___ _ 16 Page 6 of37 Invitation for Bid (!FB) 391322,1 Table oreoDteats Terms and Conditions ..................................................................................................................................................... .8 I. General Conditions ............................................................................................................................................ 8 1.1. GENERAL TERMS AND CONDITIONS ............................................................................................. 8 2. Special Condition. . ......................................................................................................................................... .28 2.I.PURPOSE ............................................................................................................................................. 28 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION .......................................................................................................... 28 2.3. 1ERM OF CONTRACT ....................................................................................................................... 28 2.4. CONDmONS FOR RENEWAL .............................................................................................. ; .......... 28 2.5. NON·APPROPRIATION OF FUNDS ................................................................................................. 28 2.6.METIIODOF AWARD ....................................................................................................................... 28 2.7. BIDDERS MINIMUM QUALIFICA TIONS ....................................................................................... 29 2.8. DELIVERY .......................................................................................................................................... .29 2.9. DISCOUNT PERCENTAGE AND PUBLISHED PRICE USTS ....................................................... 30 2.10.BALANCEOFUNE ......................................................................................................................... .30 2.11. FAD..URE TO PERFORM .................................................................................................................. 30 2.12. INSURANCE REQUIREMENTS ...................................................................................................... 31 2.13.ME1HODOFPAYMENT ................................................................................................................. 32 2.14. PACKING SUPIDELlVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY .......... 33 2.15. RESPONSE 11MB .............................................................................................................................. 33 2.16. ADDmONIDBLBTION OF lTEMSJPRODUCTSISERVlCES ....................................................... 33 2.17. CONTRACT ADMlNlSTRATOR ..................................................................................................... 33 2.18. TIE BIDS ................................................................................................. :. ......................................... .33 2.19. LIQUIDATIID DAMAGES ............................................................................................................... .34 2.20. MATERIALS SHAU.BE NEW AND W ARRANTIID AGAINST DEFECTS .............................. .34 2.21. WARRANTY ..................................................................................................................................... .34 2.22. REFERENCES ................................................................................................................................... .34 2.23. SPECIFICATION EXCEPTIONS ................................................................ , .............................. , ..... .35 2.24. MAIN1llNANCE OF SCANNERS ........... : ....................................................................................... .3S 2.25. TERMINATION ................................................................................................................................. 35 2.26. ADDmONAL TERMS AND CONDmONS .................................................................................. 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 Bod Conditions I. G.n.ral Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: Th. General Tenus and Conditions described herein apply to the acquisition of goodslequipment/services with an estimated aggregBie cost ofS2S,OOO.OO or more. Definition: A fonnal solicitation is defined as issuance ofan Invitation for Bids, Request fur Proposals, Request for QualificationS, or Request fur Letters ofbtterest pursuant to the City of Miami Procurement Cod. andIor Floridn Law, as amended. FOMlal Solicitation and Solicitation shall he d.fined in the sam. manner herein. 1.1. ACCEPTANCE OF GOODS OR II:QUIPMENf -Any good(s) or equipment delivered under this formal solicitation, if applicable, shall """ain th. pmperty ofth. seller until a physical inapl:ction and aotual usag. ofth. good is made, and then:after is accepted as satisfactOly to the City. It must comply with th. terms herein and be fully in accordance with specifications and of the highest quality. In th. event th. goodslequipment supplied to the City are fuund to be defeclive or does not oonfonn to specifioations, the City reserves the right to cancel the order upon written notice to th. Cotrtractor and return th. product to th. Coatractor a! the Contrector's expense. 1.2. ACCEPTANCE OF OFFER -The signed or electronic submission of your solicitation respo ... shall be considered an offer on the part ofth., bidder/proposer; such offer shall be deemed acoepIed upon issuance by the City of a pwchase order. 1.3. ACCEI'TANCE/IlEJECnON -The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re-issuancooo the goods/services described in the fonnaI solicltatlon.1n the .vent of such rejection, the Director of Purchasing shall notifY all affected biddorslpropo .... and make avaUsble a writteo explanation for the rejection. The City also reserves th. right to reject th. reapoose of any bidder/proposer who has previously failed to properly perlbrm under the terms and conditions of a contract, to deliver on time conlrBcls of a similar nature, and who is not in a position to perfunu the requirements defined in this formal solicltatlon. The City further reserves the right to waive any irreguinrities or minor infurmalities or tecltnicalities in any or all responses and may, a! its discretion. re-issu. this fonnal solicitation. 1.4. ADDENDA -It is the bidder's!proposer's responsibility to .nsure receipt of all Addends. Addenda are avsilable a! th. City's w.bsite at: http;/Iwww.ci.miami.f1.uslprocurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED -Tho City may consider on. (1) alternate response from the same BidderlProposer for the same formal solicitation; provided, that the a1temate response offers a different product that meets or exceeds the formal solicitation roquirements. In order for the City to consider an alternate response, the BidderlProposer shall complete. sepsrsle Price Shect form and shsU mark • Alternate Response". Alternate response shall be placed in the sam. respo .... This provision only applies to formal solicitations for-the procurement of goods, services, items, equipment, materials, and/or supplies. 1.6. ASSIGNMENT -Con_r agrees not to subcontract, as,ign, ttansfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or·a11 of its right, title or interest herein, without City of Miami's prior wriiten consent. 1. 7. ATTORNEY'S FEES -In connection with any IitigBlion, mediation and arbitration arising out of this Conlnlc~ each party shall bear their own attorney" fees through and including appellate litigBIion and any post-judgment Psge 8 of3? 18 Invitation for Bid (IFB) 391322,1 proceedings. !.fl. AUDIT RIGHTS AND RECORDS RETENTION -The Successful BidderlProposet agrees ro provide access at all reasonable times ro the City, or ro any ofits duly authorized "'PR:,entatives, to any books, documents, papers, and """,rdg ofContm:tor which"", directly pertinent to this fonnal solicitation, for the purpos. of audi~ examination, excerpts, and tnmscriptions. The Successful BiddorlPropos.r shall maintain and retain any and all of tho books, docwnonts, papers and ruordg pertinent to the Contract for three (3) years aIIor th. City makes final payment and all other pending matton are closed. Conln!ctor's failure to or refusal to comply with this condition shall result in th. immedi .... cancellation of this oontract by the City. 1.9_ AVAILABILITY or CONTRACT STATE-WIDE -Any Governmental, not-fur-profit or quasi-governmental entity in tho Slate of Florida, may avail itself ofthi. contract and purehase any and all goodsIservices, specified herein from tho successful bidder(syproposer(s) at the contract price(s) established herein, when permissible by federal, state. and loca1laws, rules, and regulations. Each Govemmenllll, not-fur-profit or quasi-governmental eotity which uses this fonnal solicitation and resulting bid contraet or agreement will establlsb its own contract/agreement, place it> own orders, issue it> own p"",hase orders, be invoiced lit_ fitJm and make it> own paymeots, determine sbipping terms and issue its own exemption certificates as RqUired by the successful bidder(sYproposer(s). . 1.10. AWARD OF CONTRAC£: A. The Formal Solioltation, Bidder's/Proposer's rospo_ any addenda issued, and tho purobaso order aball constibJlellte entiIe contract, unless modified in accordance with. any ensuing contractlagreem.n~ am_ ... t or addenda. B. The award of acontraot wbere there are ne Bids will be decided by the Director of Purchasing m designee in tlte instance tItat no Bids can't be dotennined by applying Florida Statute 217.087, l'Ieforenoe to Businesses with OJUg-Free WortpJace Progmms_ C. The award of this contract may be preoonditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Speoilioaiions.BidderlProposer shall be in defiwlt ofit> oontraclUal obligation ifsudl domments are not submitted in a timely manner and In tlte fonn required by Ibe CIty. Where BidderlPmposer is in de6wlt of these contractuaJ requirements, tlte City, through action taken by the Purchasing Department, will void it> acceptance oftlte Bidder'sIProposer'. Respoose and may se<epI the Rnponse from tho next. lowest responsive, responsible Bidder or Proposal most advantageous to tlte City orre-solicit the City's requirements. The City, at its sole discrotion, may seek monetary restitution from BidderlProposer and its bidlproposal bond or guanmty, if applicable, as a result of damages or increased costs sustained as a R:Sult oftlte Bidder's/Proposer's default D, The term o(the contraet shall be specified in ooe of three documents which shaD be issued to tho soccessfuJ BidderJProposer. These documents may either be Ii purchase order, ItOtice of awanI and/or contract aword sheet. E. The City reserves tho right to automatically extend this oontract for up to one hundred twenty (120) calender days beyond lb. stated COIltract term in mder to provide City departments with continual service and supplies while a now contraet i. being soliclled, evaluated, and/or awarded. If tit. right is exercised, tlte City shall notifY tlte BidderlProposer, in writing. ofits intent to extend the contract at th. same price, terms and comlitioos for a specific oumber of deys. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and tit. Successful BidderlProposer are in mutual agreement of sucb extensions. . r. Where tlte contract involves a single shipment of goods 10 the City, the cootract term shall cooclude upon completion of the expressed or implied wananty periods. Page90f31 " Invitation for Bid (IFB) 391322,1 G. The City reserves the right to award the contract on a spilt-order, lump sum or mdividual.item basis t or such combination as shall best serve the interests of1he City unless otherwise specified. H. A ContmctlAgreement 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 he in the City's best interests. Such agreement will be furnished by the City, will contain <;ertain terms as are in the City's best intereSts, and will be subject to approval as to legal furm by the City Attorney. 1.11. BID BONDI BID SECURlT\' -A cashier's or certified <:heck, or a Bid Bond signed by a recognized snrety company that i.liccnsed 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 indicaled under the Special Conditions. This ohock or baud guarantees that a biddedproposer will aecept the order or contract/agreement, as bid/proposed, if it i. awarded to bidder/proposer. BidderlProposer sball forfeit bid deposit to the City should City award contract/agreemeot to BidderlPtoposet and BidderlProposer fails to accept the award. The City i'eserves the right to reject my and all surety teodered to the City. Bid deposits are returned 10 unsuccessful bidders/proposetS within ten (10) days after the award and sucoessful biclder's/proposer's aeceptance of award. If sixty (60) days bave psssed aftor the date oCthe furmal solicilation closiag dale, and no contract has been awarded, all bid deposits will be returned on demand. 1.11 RESPONSE FORM (llARDCOPY FORMA 1) -All limns should be completed, signed and submitted IICCOrdiogly • 1.13. BID SECUJUTY FORFEITED LIQUIDATED DAMAGES -Failure to execute an AgrNment andlor file an """"JIIable Perfurmance Bond, wbeo required, as provided herein, sball be just cause fur the annulment of the award and the forfeiture of the Bid Security to the City, whieh forfeiture shall be conSidered, not as a penalty, bulin mitigalion of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES -If and wh...,ver in the specifications brand .... es, makes, medel., names of my manufiloturers, trade names, or bidderlproposer caIalog number.; are specified, it is fur the ptUpOSe of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wiab to ruie out other competitors' brands or makes, the phrase "OR EQUAL» is added. When biddioglproposiog an approved equal, BidderslProposers will submit, with their response, complete sets of necessary data (factory infurmation sh_, specifications, hroehures, etc.) in order for the City to evaluate and deteonine the equality of the item(s) bidlproposed. The City shall be the sole judge of equality and Its decision shall be final. Unless otherwise specified, evidence in the fum; of sample. may be requested if the proposed brand is other then specified by the City. Such samples are to be furnished after furmal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a furmal request Is made .. ' 1.15. CANCELLATION -The City reserves the right to cancel all fonnal solicitations before its opening/closing. .In the event ofbidlproposal cancellation, the Director of Purchasing shall notifY all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAl'ITAL EXPENDITURES -Contractor understands that any capital eXpenditures that the firm makes, or prepares to make, in order to deUver/perfunn the goods/services required by the City, is a business risk which the contractor most assume. The City will nol be obligated to reimburse amortized or unamortized capitaiexpenditures, or to maintain the approved status of any contractor. If contractor has beeo 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 of 37 . 20 Invitation for Bid (!FB) 391322,1 for, or responsible to, the BidderiProposer/Consultant, any sub-contractorlsub-consultant, or to any other person for, or on lICOOunt of, any stoppsges or delay in the work herein provided for by injunotion or other legal or equitable proceedings or on account of any deJay 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, finn or colJlOration submitting a response for the same Items/services or with the City of Miami's Purchasing Department or initialiug depar1menl The BiddetlProposer certifies that its response Is fiIIr, without conbol, oollu.ion, ftaud or other illegal action. Bidder/Proposer certifies that it Is in compliance with the Conflict onnteres! and Code of Ethics Laws. Tho City will investigate all potential situations where collusion may have occurred and the City reserves the rigbtto reject any and ali bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, Sf ATE AND LOCAL LAWS -Contractonmderstands that oontracts between private entities and looaI governments are suiUect to ea1ain laws and n:guIations, iooluding laws pataiDing to public records, conflict ofintorest, records keeping, etc. City and Contractor __ to comply with and observe all npplicable laws, rodes and ordinances as that may in any way affect the gonds or equipment offered, including but not limited tn: A. Executive 0nI ... 11246, which prohibits discrimination against any employee, npplicant, or client because of nee, oreed, color, national origin, sex, or age with regard to, but not limited tn, .the following: employment practices, n1Ie of pay or other compensation methods, and training selection. B. Occupational, Safely and Health Act (OSHA), as npplicabl. tn this Fannal Solicitation. Co The State ofFloridn S1atutes, Sociion 287.133(3XA) on Public Entity Crimes. I). EnvirorunentProtection Agency (EPA), as applicable tn this Fonnal Solicitation. E. Uniform Commercial Code (Florida SIatotas, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. Nationallnstitote ofOceupatiooal Safety Huards (NIOSH), as applicable tn this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Fannal Solicitation. L City Procurement Ordinance City Cod. Sectinn 18, Artiele m. J. Con1Iict ofloterest, City Code Section 2'{;11;61. K. Con. of Silence, City Code Section 18-74. L· The Florida Statutes Sections 218.73 and 218.74 on PromptPaymenL Lack of knowledge by the bidderiproposer wiD in DO way be a cause for relieffromresponsibility. Non-oompliance . 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 b. obtained from the City Clerk's Office. 1.20. CPNE OF SILENCE -Pursuant to -Section 18-74 of the City of Miami Code, a "Cone of Silenceff is imposed upon each RFP, RFQ,·RFLI, or IFB aflor advertisement and terminates at tho time the City Manager issues a written . recommendation tn the Miami City Commission. The Cone of Silence shall be applicable only to Contraots for the provision of goods and services and public works orimprovements for amounts greoterthan $200,000. The Con. of Sil.nce prohibits any communication regarding RFPs, RFQs, RFLi or IPB. (bids) b.tw .... among others: Page II of37 21 Invitation for Bid (IFB)391322,l Potential vendors, service providers, bidders, lobbyists or consultants and the City'S professional staffincluding, but not limited to, the Clty Manager'and the City Manager's staff; the Mayor, City Commissioners2 or their respective ,taffi; and any member of the respective selection/evaluation oommittee. 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 proeedure already oontained in the furmal solicitation document; the provisions of tho Cone of Silence do not apply to oral communications at duly noticed site visitsfmspectioRS, pre-proposal or p~bid conferences. ow presentations befuno seloction/ovaIuation committees, contract negotiationsdwing any duly noti~ public meeting, or public presentations mode to the Miami City Commission during a duly noticed public meeting; or communicatiOllS in writing or bY email at any timo with any City employee, official or member of the City Commission unles, specifically prohibited by the applieable RFP, RFQ, RFlJ or IFB (bid) documents (See Section 21. of tho Special Conditions); or oommunlcations in 'connection with the ocllection of induslly oomments orthe perfurmance ofmmet rese"",h regarding a particular RFP, RFQ, RFLI OR IFB by City Porchasing stBff. Proposers or bidders must fil. a oopy of any written oommunleatiOllS with the Office of the City Clerk, which shall be made available to any persOn upon requesL The City shall respond in writing and file a copy with the Office of the City Oerk, which shail be mnde available to any person upon requesL Writtoti oommunieatioDS may be in the form of .-mall, with a copy to .the Office of the City Clerk. In addition to any othor penalties provided bY law, 'Yi01a1ion of the Cone of Silence by any proposer or biddershall render any award voidable. A violatlon bY a particular Bidder, Proposer, Offeror, Respondent, lobbyist or . ~ shall subj""'lIame to poteutiaI pemalties pursuant to the City Code. Any person havill/! personal knowledge ofa violation of these provisions shall report such violation to the Stale Attorney andlor may file a complaint with the Ethics Commissioo. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This languag. i. only a summary of the key provisiOllS of the Cone of Silence. Please review City of Miami Code Section 18-74 for a oomplete and thorough description of the Cone of Silence. You may conlac1the City Clerk at 305-250-5360, to obtain a copy of same. 1.11. CONFIDENTIAUTY -As a political subdivision, the City of Miami is ,ubj"'" to the Florida Sunshine Act and Public Records Law. If this Contract! AgRleDIent contains a confidentiality provision, it shall have no application when disclosnre is required by Florida law or upon court order. l.22. CONFLICT OF INfEREST -BidderslProposers, by responding to this Fonnal Solicitation, certify that to the besl of their knowledge or beliet; no eleetedlappointed official or employee of tho City of Miami is financially' interested. din:ctly or indin:ctly, in the purchase of gonds/services specified in this Formal Solicitation. Any such interests on the part of tho Bidder/Pmposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who own" din:ctlyor indireetly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Pmposer further agrees not to use or attempt to use any knowledge, property or resource which may be within bislherlits trust, or perfurm hislher/its duties, to secure a special privilege, benefit, or exemption for himselflherseUTttself, or others. Bidder/Pmposer may not disclose or use infonnalion not available to members of the genena! public and gained by reason of hislher/its position, except for information relating exclusively to governmental praetice" for his/herlits personal gain or benefit or for the personal gain or benefrt of any other person or business entity. B. Bidder/Pmposer hereby acknowledges that helshelit has nol contracted or transocted any business with the City o. any person or ageney acting for the City, and has nol appeared in. representation orany third party before any Page 12 of37 22 Invitation for Bid (!FB) 391322,1 board; commission or agency of the City within the past two YOIlIS. Bidder/Proposer further warrants that belshe/it is not related, specifically the spouse, sen, daughter, psren~ brother or sister, to: (i) ... y member of the commission; (ii) the mayor; (Ui) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the BidderlProposer to immediate tenninlllioD of any professional services agreement with the City, imposition of the maximum fin. 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. 1.13. COPYRIGHT OR PATENT RIGHTS -BiddcrslProposers warrant that there bas been no violation of copyright or patent rights In manum.turing, producing, or seUing the goods shipped or ordered and/or servioos provided as a result of this funnal solicitation, and bidders/proposers agree to bold the City bannless from any and all liahility, loss, or expense occasioned by any sucb violation. 1.24. COST INCURRED BY BIDDERII'IROPOSER -All expenses involved with the preparation .ind submission ofRespooses to the City, or any work perfurmed in COMootion therewith shall be borne by the Bidder(s)'Proposor(s). 1.25. DEBARMENT AND SUSPENSIONS (See 18-107) (a) Authority and requirement 10 debar and suspend. Aller reasonable notice 10 an actual or prospective Contnu:tuaI PaJIy, and after reasonable oppoI1un1ty fur such party to be heard, the City Manager, after CODJUltation with the Chief_ont OfIicerand the city Idtomoy, shall have the authority 10 debar a Contnlctnal PaJIy, fur the canses listed below, from consldcnation fur award of city ContnlCls. Th. dcbannent sban be for a period of not fewer than three years. The City Manager sbaJI aIsc have tho authority to suspend a Contnlctual PaJIy from oonsidcnBlinn for award of city contmcts ifth..., is probable cause for debamlent, pending the debannent determination. Tho euthority 10 debar end SlI5pOIld cootnoclo!s shall be..xercised in accordance with tegUlations wbicb sbaII ~ issued by the ChiefProcumnont Officer after approval by the City Manager, the city attomey, end the City Commission. (b) Causes for dcbannent or snspension. Causes for debannent or suspension include the following: (1) Conviction for commission of a criminal offimse incident to obtaining or attempting 10 obtain a public or private Contract or subcomract, or incident to the performance of such Contract or subcontract (2) Conviction under state or fi:deral_ of embezzlem~ theft, forgery, bn'be!:y, falsification or destruction of records, receiving Slol" property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out oftlte submission of Bids or Proposals. (4) Violation ofContmct provisions, which is regarded by the CbiefProeurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause 10 perform in accordance with the terms and conditions of. Contract or to perfonn within the time limits provided in a Contnlct, provided that fililure to perfornl caused by acts beyond the control of. party shall not be considered a basis for debarment or suspension. (5) Debsrment or suspension of the Contractual party by any federal, state or other governmental entity. (6) False certification pursuant 10 paragraph (c) below: (7) F(Jund 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 viohltion 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 ~wing to the: city. o (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the ColltrBotuaI Party performing city Contracts. (0) Certificalion. All COlltnICIS for goods and services. sales. and 1 ..... by the city shall contain a certification that neither the Contractual Party nor any of i1s principe! owners or personnel have been convicted of any of the violations ",t forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspOnsion decisions. Subject to the provisions of parag!lJPh (8). the City Manager sball render a wriUeu decision slating the ","",ns for the debarment or suspension. A copy of the decision shail he provided promptly to the CoIItrBotuaI Party. along with a notice of said party's right to seek judicial relief. 1.26.. DEBARREDiSUSPENDED VENDORS -An entity or affiJiate who has heen placed on the State of Florida debarred or suspended vendor list may not submit a response on a COIl1nICt to provide goods or services lo a public entity. may not submit a raspoIise on a contract with a public entity for the construction or repair of a public building or public worl<, may not submit response on leases ofreal property to a public entity, may not award or perform work as a contractor, supplier. ,uboo_r. or consultant under contract with any public entity. and may not transact business with SIIy public entity. 1.27. DEFAULTIFAILURE TO PERFOIIIM· The City shail he the sole judge of nonperformance, which shall includo SIIy fililure on the part of the successful BidderlProposer to accept the award, to furnish required documents, and/or lo fulfill any portion of this contract within the time stipulated. Upon defilult by the successful BidderlProposer to meet any terms of this agreemen4 dte City will notify the BidderlProposer of the defiwIt and wiD provide the conlractor three (3) days (weekends and holidays excluded) to """edy dte defiwll Failure on the contractor's part to conect the defiwlt within dte required three (3) days shall result in dte Centmct being terminated and upon the City notifying in writing the contractor of its intentions and the effective dale of the terminatiou. The following shall constitute default: A. Failure to perfonm the work or deliver dte goods/services required under the Contract and/or within the thoe required or filiIing to use the subconlractors, entities and personnel as identified and set forth, SlId to the degree . specified in the Con1racl. B. Failure to hegin dte work under this Contmct within the time specified. C Failure to perfonm the work with sufficient workers SlId equipment or with sufficient materials to ensure thoely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has heen rejected 55 nonconforming with the terms of the Contract E. Becoming insolven~ heing declarcd bankrup~ or committing any act ofbankruptoy or insolveney, or making an assignment for the benefit of creditors, i.fthe insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapsble of perfoiming the work in accordaru:e with and 55 required by the Contract. F. Failure to comply with any of the terms of dte 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 dte cost of completing the work. shall be deducted from any monies due or which may become due on Page 140f37 24 Invitalion for Bid (IFB) 391322,1 thi, Contract. 1.28. DETERMINA TlON OF RESPONSIVENESS -Each Response will be reviewed 10 determine if il is responsive 10 the submission requirements outlined in the Fonnal Solicitation. A "responsive" response is one which follows the requirements oftbe formal solicitation, includes all documentation, is submitted. in the format outlined in the fonnalsolicitation, is of timely submission, and has appropriate signatures as required on each document Failure to comply with theoe requiJements may deem a Response non-responsive. l.l9. DISCOUNTS OFFERED DURING TERlIII OF CONI'RACT -Discounl Pri ... offiored in the response shall be fixed after the eward by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts offlbe originil price. quoted in Ibe response wiD be accepI1:d from sucoessful Bidder(s)lPropoaer(s) during Ibe leon of the contract. Sucb discounts shall remain in effilct for a minimum of120 days from approval by Ibe City Commission Any discounts o!'&red by a manuliloturer to BiddedProposer wiD be passed on to Ibe City. 1.30. DISCREPANCiES, EIII\ORS, AND OMISSIONS -Any discrepaJlcies, errors, or ambiguities in the Formal Solicitation or addonda (ifany) should be rnported in writing to Ibe City's Purohasing DepamnenL Should il be .found necessary, a written addendum will be inC01JlOmted in the Formal Solicitatioa and will become pari of the purchase agreement (contract documents). The City will not be responsible fonny oral inslnlctioas, clarifications, or other commtmications. A. Order of Precedence -Any inconsistency in Ibis formal solicitation shall be resolved by giving precedence to the o following documents, lb. lint of such lJst being Ibe governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY I DISASTER PERFORMANCE -In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide Ibe City with the commodities/services defined within Ibe scope of this formal solicitation at the price contained within vendor'S response. Fortber, successful vendor shall deliver/perform forthe city on a priority basis during such times of eJllOJBency. 1.32. ENTIRE aID CONTRACT OR AGlIIEEMENT -The Bid Conlnlct or Agrcemmt consists of Ibis City of Miami Formal Solicitation and specifically this General Conditions Seclion, Contractor's Response and any wriUon ngreement entered into by the City of Miami and Con_tor in cases involving RFPs, RFQs, and RFLIs, and repieseots Ibe entire und ...... ding and agreement between the parties with respectlo lb. subject moUer hereof and supersedes all other negotiation., understanding and representations, if any, made by and between Ibe parties. To the extenl that the agreement conlIicts with, modifies, alters or changes any of the Ienn. and conditions contained in lb. Formal Solicitation'and/or Response,.the Formal Solicitation aod then the Response shall conttol. This Contract may be modified only by. wn-egreementsigned by the City of Miami end Contractor. 1.33. ESTlMA TED QUANTlTIES-llstimated quantities or estimated dollars are provided for your guidance only. No guarantee is expreosed or implied as to quantities that will be purcbased during the contract period. The City is nol 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 mosl advantageous proposer meeting specifications. The City reserves the right to aoqoire additional quantities at Ibe prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES Page 15 of37 15 Invitation for Bid (IFB)39\322,1 A.Rejection of Responses The City may reject. Response for any of the following reasons: 1) BidderlProposer fails to aCknowledge receipt of addenda; 1) BidderlProposer mistates or conceals any material fact in the Response; 3) R~ponse does not conlbnn to the requirements of the Formal Solicitation; 4) Response requires. conditional award that conflicts with the method of award; 5) Response does not include required samples, certifieates, licenses as required; and, 6) R~nse was not executed by the Bidder'sIPropoSOJ(s) authorized agent. The foregoing is nol an allinclusive list of reasons for which. Response may be rejected. The City may reject and re-advertise fur all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. a EllmiDatlon F ...... Couside",dlcn 1) A conInIct shall not be awarded to any person or finn which is in arreatO to the City upon any debt or contmct, or whicb is • defaulter as surely or otherwise upon any obligation to the City. 2) A contract may nol be awarded to any periOn or finn which bas failed to perfbnn \DIder the tenns and conditions of any previous cnotrac\ with the City or deliver on time contnlcls of a similar nature. 3) A contract may not be awarded to any persno or finn which has been debarred hy the City in ~ce wid! the City's Debarment end Suspension OnIinence. . C. Determlna_ of RespoDlibility 1) Responses will only be considered from entities who are regularly engaged in the bosiness of providing the goodsIequipmentJservices required by the Formal Solicitaticn. Bidder/Proposer must b. able to demonstrate a saIisfactory record ofperfurmance and integrity; and, have sufficient financial, material, equipment, ti!cility, personnel resoun:es, and expomse to meet all contractual requirements. The tenns "equipment end organization" as used herein shall be COtISIrUed to mean a fully equipped and well established entity in line with the best induslly praetices in the indusIIy as determined by the City. 2) The City may consider any evidence available regarding the financial, tecbnicaland other qualifications and abilities ofa BidderlProposer, including past perfurmance (experience) with the City or any other gOVentmental entity In making the award. 3) The City may require the Bidder(s}lProposer(s) to show proof that they have been designated as an authorized representative ofa manufallturer or supplier which is the actual source of supply, if required by the Fonnal Solicitation. 1.35. EXCEPI'IONS TO GENERAL AND/OR SPECIAL CONDmONS OR SPECIFICATIONS- Exceptions to the specifications sball be listed on the Response and sball 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 conditioDs ofthe resulting agreement it may lead to tenninating negotiations. 1.36. F.O.B. DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposermust 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. Fage 16 of37 26 Invitation for Bid (IPB) 391322,1 1.37. FIRM PRICES -The bidder/proposer wammls dtat prices, tenns, and conditions quoted in its response will be firm throughout the duration of the contract unless odterwise speeified in the Formal Solicitation. Such prices will remain firm for the period ofperfurmance or resulting purchase orders or contracts, which are to be perfonned or supplied "VOl a period oftime. 1.38. FLORIDA MINIMUM WAGE -The Constitution of the Slale of Florida, Article X. Seotion 24, stales !bat employers sh.Upay employee wages no less than dte minimum wage fur all hours wori<ed in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply. wi1It this Florida constitutional minimum wage requirement and pey its employees the current established hourly minimum wage rate, which is suhject 10 change or edjusted by the rate ofinOation using the consumerprioe index fururbau wage earners and clerical WOIkers, CPI-W, or a sucoessor index as calculated by the United Slates Department ofLabor. Eacb ndj"-minimum wage rate calculated shall be dett.nnined and published by the Agency Wori<foree Innovation on September 30th of each year and take effect on the fullowing Januery 1st. At the time ofn:spondlng. it is bicideliproposer and bislher subcontractor(s), if applicable, i\ill responsibUity to detenuiDe whether any ofits employees ma.!' be impaotM by Ibis Florida Law at any given point in time during the term of the contract. If~ bidderlproposermust liunish employee name(s),job titIc(s),job description(s), and current per rate(s). Failure 10 submit tbis infurmation at the time of submitting a response oouatitute successful bidder's/proposer's aoknowledgement and understanding that th. Florida Minimum Wage Law will not impact its prices throughout the term of oootract and waiver of any coutractuaI price increase request(s). The.City reserves the rigbtto request end successful bidderiproposer must provide fur any and all infurmatioo to make a wage and oonllaclual price increase(s) determination. 1.39. GOVERNING LAW AND VENIJE -Th. validity aDd effect oftbis ContraCt shall be govemed by the laws ofthe State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contmct shall 1aIre place in Miami-Dade County, Florida. 1.40.IIEADINGS AND TEIll\lIS -The headings to the vsrious paragraphs of this Contmct have been inserted for oonvenieut referenee only and sbaII not in any manner be construed as modiJYing, amending or affectiog In any Wa.Y the expressed terms and provisioos hereof. 1.41. REALm INSURANCE PORTABILITY AND ACCOUNTABILITY Acr (BIPPA) -Any person Or entity that perfunns or assists the C .. ty ofMIam" with a tiuic60n or actMtyinvoMng the use or disclosure of "individually identifiable hcalth infurmstion (IIHI) and/or Protected Health Information (PIn) sball oomply with the . Health Insurance Portability and Acoountability Act (HlPAA) of 1996 and the City of Miami Privecy Standards. HIPAA man~ for privacy, security and electronic transfer standards, which include but ... not limited m: A. Use of infurmstion only fur perfurming services required by tbe contract or as required by law; B. Use of appropriate safeguards m prevent non-permitted disclosures; C. Reporting 10 the City of Miami ofany non-pennitted use or disclosure; D. Assurances that any agents and subcon1ractors agree to the sam. restriotions and condiooDs that apply to the BidderlProposer and reasonable assurances that IlHIIPIn will be held confidential; E. Making Protected Health Information (PIn) available to the customer; F. MakingPIn awilableto the customer for review and amendment; and incorporating any amendments reqoesled by the cuslOmer; . G. Making PIn available to the City of MIami for an 8CQOuntlng of disclosures; and H. Making internal pmctices, books and records related to PIllavallable to the City of Miami for complinnoo audits. Pegel7007 27 Invitation for Bid (!FB) 391322.1 pm shall maintain irs protected status regardless of the fonn and method of transmission (paper records, and/or electronic transfer of data). The Bidderl Proposer must give its customers written notice orits privacy information practices including specifically. a description oOhe types of uses and disclosures that would be macle with protected health information. 1.41 INDEMNIFICATION • Contractor shall indemnifY. hold harmless and defend the City. its officials. officers, agenls, directors, and employees, fiom liabilities. damages. losses. and costs. including, but not limited to reasonable attorney's fees, to the extJmt caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the perfurmanoe of this Contract and will indemnify, hold harmless 8IId defend the City. its officials. officers, agents, directors and employees against. any civil actions. statutoI)' or simnll' clsims. iqjuries or damages arising or resulting fiom the permitted work, even if it is alleged that the City, its officials andlor employees were negligent These indemnifications sball survive the lIorm of this Contmct. In the event that any actinn 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 satislilctory to City. The Contractor expn:ssly undemands and _ that any insurance proteetinn n:quired by this Contract or otherwise provided by Con_ sball in no way limit the responsibility 10 indemnifY. keep and save harmless 8IId defimd the City or its offi ..... employees. agents and lnstrumen1alities as herein provided. The indemnificetion provided above shall obligate Con1mctor to defend at its own cxpeuse 10 and throush appellate, SllPPlementai or hankruptey proceeding, or to provide tOr such defi:nse. at City's option, any and all claims of liability and all suits and actinns of every name and description which may be brought against C;rty whether performed by Contractor. or persons employed or utilized by Co.-. This.indemnity will ourvive the cancellation or expiration of the c-. This indemnity will be interpreted under the Isws of1lle Stale of Florida, including without limiletion and which conforms 10 the limitations of §72S.06, andlor §725.0B. Fla. Statues. as emended fiom time to time as applicable. Contractor.baIl require all Sub-Contnwtor agreements to include a provision that they will indemnilY the City. The Contractor _ and recognizes that the City shall not be held liable or responsible tOr any cla1mswhich may result from any actions oromissions of the Contractor in which the City participated eitherthrougb JeV!ew or concunence of the Contractor's actions. In reviewing, approving or l'Iliectiag any submissions by the Contractor or other .... of the Contrac1Or, the City in no way assumes or shares any responsibility or liability of the Conlraotor or Sub-Contractor. under1his Agreement 1.43. FORMATION AND DESCIUPTIVE LiTERATURE -BidderslProposer must furnish all information requested in the spaces provided in the Formal Solicitstion. Further. as may be specified elsewhere. each BidderlProposer must submit tOr evaluation, cuts. sketches. descriptive literature, lIocbnicalspecifiuations, end Material Safety Dots Sheets (MSDS)as required, coveting the products offered. Reference to Iitenature submined with a previous response or on file with the Buyer will not sutisfy this provision. i.44.INSPECTlONS· The City may. at reasonable times during the term hereof. inspect Contractor's facilities'and perform such lIos15. as the City deems reasonably necessary. to determine whether the goods and/or services n:quired to be provided by the Contractor under this Contract conform to the lIorms and conditions of the Formal Solicitstion. Contractor sball make available 10 the City all reasonable facilities and assistance 10 facilitate the performance ofllosts or inspections by City representatives. AU lIosts and inspections sball be subject to. and made in accordance with, the provisions of1lle City of Miami OrdinanCe No. 12271 (S~ction 18·79). as some may be amended or supplemenllod fiom time to time. 1.45. INSPECTION OF RESPONSE· Responses received by the City pu .. uant 10 a Formal Solicltation will not be mad. 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 18 Invitation for Bid (lFB) 391322,1 fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations alsG are available on the City·s Web Site fullowing RCOmmendation for award. 1,46. INSURANCE -Within ten (10) days aller receipt afNotice of Award, the successful Contractor, shan furnish Evidence of Insuraoce to the Purchasing Department, if applicable. Submitted evidence of coverage sball demonstrate strict compliance to oil requirements listed on the Speciol Conditions entitled "Insurance Requirements". The City sholl be listed as an "Additionoi Insured." Issuance ofa Purchase Otder is contingent upon the receipt of proper insuraoce documents. !fthe insurance cemficate is received within the spocified time ftame but not in the manner prescribed In this Sollcitlliion the Co_ ,balI be vetboIly notified of such deficiency ""d sboll bave en additionol five (5) calendar days to submit a comocted cemficate to the City. If the Conlnlctor fitils to snbniit the required insurance doclDDents in the manner prescnDed in this Solicitation within fill ... f(15) calendar days efier receipt Notice of Award, the contrBctorsbaII be. in defiwlt of the contnwtuai terms and conditions and shall not be awarded the contract. Under such circwnstances, the BidderlPmposer may be pmIn"ited ftom submitting future reaponses to the City. Information reganling ""y insurance requirements sholl be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th F1ocr, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the inswance cemficatos required in conjunction with this Section ..... ain in effect fur the duration of the contractual period; including any and all option tenn> that may be geented 10 the Bidder/Proposer •. 1.47. INVOICES -Invoices sholl contain purchnsc oJder nlDDber and detalls of goods andlor service. delivered (ie.quantity, unit price, cxtended price, etc); and in compliance witb Cbapter21B oftheFiorida S_ (Prompt Payment Act). . 1.48. LOCAL PREFERENCE A. City Code Section 111-85, states, "when a responsive, respollliible non·local bidder submits thelowcst bid price, and the bid snhmitted by one or more responsive, responsiblelonoi bidders who maintain a lonoioffice, as defined in Section 111-73, is within Iiftccn pcrecnt (15%) of the price submitted by the DOD-local bidder, then that non-1ocal bidder and each of1lt. aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amouri! of the low bid previously submitted by the oon·1ocal bidder. Con1nlct award shall be made 10 the lowest responsive, responsible bidder submitllog thelowcst best and final bid. In the case of a tie in the best and finaI bid between· a local bidder and a nOD-local bidder, conInIct award sholl be mad. to the local bidder." B. City Code ScctionIII-86, states, ''tIte RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professloual discretion of the City Manager, director of the using agency, and the .ChiefPmcuremcnt Officer, include a five (5%) percent evoluation criterion in litvor of proposers who maintain a local office, as defined in Section 18-73. In snoh cases, this live (5%) percent evoluation criterion in litvor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it willllOt apply. 1.49. MANUF ACI1JRER'S CERTIFICATION -The City reserves the right to request fiom bidders/proposers a 50pamte Manulilclurer's Cerufication of oil statements made in. the bidlproposol. Fallore to provide such certification may result in the rejection ofbidlproposol or termination of contractlagreem .. ~ fur wbich the bidderlproposer must bear fulillahility. I.SO. MODIFICA nONS Oil. CHANGES IN PURCHASE ORDERS AND CONTII.ACJS -No contract or understanding to modify this Forrool Solicitation aod resultant porchnsc orders or con1racts, if applicsble, sholl be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through Page 190f37 19 Invitation for Bid (!FB) 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 P ARTNERSffiP OR JOINT VENTURE -Nothing contained in this Contract will be deemed or construed to create a partnorship 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 detennined by the City. The data derived from ooy test for compliance with specifications is pnblic record aod open to examination thereto in occordance with a.apter 119, Florida Statutes. Item. dolivered not confurmiDg to specifications may be rejected and returned III Bidder'sIProposer's eapenso. These non-confonning items nol deliVered as per delivery date in the respo ... andlor Pun:hase Order may resull in bidderlproposer beiDg found.iD defiw1t iD which eveot any and all re-procw-ement COllIs may be charged ogainsl tile defiwlted co_r. Any violation ofllt.so stipulations may also result iD the supplier's name beiDg removed from the City of Miami's Supplier's list. . 1.53. NONDISCR1MINA TlON -Bidder!Proposc:c agrees that il shall not discriminate as to race, sex, oolor, age, religion, national origin, marital status, or disability in COIJIIOCtion with its perfonn .... underllti. furmal solicitation. Furthermore, BidderlProposer agrees that no o1herwise qualified iDdividuai shall solely by reason of bisIher race, sex, color, age, religion, national origin, marital stalUs or dissbility be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under ooy program or activity. In connectioD with the conduct of its busiDess, including performance of services aod employment of personnel, Biddes/Proposer Sball not discrimiDate against aoy person on the basis of race, color, religion, disability, age, sex, marital status or D8tionaI origin. All persons haviDg appropriate qualifications sIi.aIJ be afforded equal opportunity for employmem. 1.54. NON-IEXCLUSlVE CONTRACU'I PIGGYBACK PROVISION -At sucb times as may serve its best interest, the City of Miami ..... lVes the right to advertise for, rcccive, and award additional cootracts fur these herein goods and/or services, and to make use of other competitively bid (governmental) cootracts, agreements, or other similar sources fur the pozohase of the.e goods andlor services as may be avaHsble. 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 conjuoction with this Formal Solicitatioo. In addition, aoy and all commodities, equipment, and services required by the City in conjunction willi construction projects are solicited UDder a distinctly dif\Orent solicitation process and shall not be purcbased under the terms, conditions aod awords reodered under this solicitation, unless such purchase ..... detennined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE -Any person, finn, corpomtion or joint venture, with a business location iD the City of Miami aod is submitting a Response under this Fonnal Solicitation shall meet the City's Occupationsl Lice ... Tax requirements in accordance .with Chapter 31.1, Article I of the City ofMismi a.arter. Others with. location outside the City of Miami sbaII meet their local Occuplilional Liceose Tax requirements. A copy ofthe lice ... must be submitted with the response; however, the City may at its sole option aod in its best interest allow the BidderlProposer to supply theliconse to the City during the evaluation period, but prior to aword. 1.56. ONE PROPOSAL -Ooly one (I) Response from an individual, finn, partnership, corporation or joint venture Page 200f37 30 Invitation for Bid (IFB) 391322,1 will be considered in response to this FonnaJ Solicitation. When submitting an alternate response. please refer to the herein condition for n Alternate Responses May Be Considered". 1.57. OWNERSHIP OF DOCUMENTS .11 is undemooo by and between the parties !hat any docwnents, records, files, or any other matter whatsoever which is given by the City 10 the successful Blddcr/Proposer pursuant to this Ibrmal solicitation shall aI all tim ....... Bin the property of the City and shall nol he used by the Bidder/Proposerfor any other purposes wbaIsoover without the wrilll>n consenl of the City. 1.58. PARTIAL INV ~ITY • If any provision of this Contract or the application thereof to any person or ciR:umstance shall to any extent he held invalid, then the remBinder 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 he affeoted thereby, and each provision of this Contmct shall he valid ODd enlbrced to the fullest ex1ent permitted by law. 1.59. PERFORMANcEtPAYMENT BOND-A Contractor may he required to furnish. PerfoIllUlDOOfPaymenl Bond as part of the requirements of this Contrllel, in an amounl equal to on. hundred percenl (100%) of the contnJcl price. 1.611. PREPARATION OF RESPONSES (HARDCOpy FORMAT) -BidderslProposeos "'" expected to examine the specifications, required delivety, drawings, and all special and general ocnditions. All bid/proposed amounts, ifrequlred, shall he either typewritten or entered into the spw:e provided with ink. Failure to do so will he aI the Biclder's/Proposor's risk. A. Eacb BicldedProposer shall furnish the inlbrmation required in the Fonnal Solicitation. The Bidder/Proposer Shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each amtinuation sheet thereof on which helshe males an "'by, as required. B. Ifso requlred, the unit price fur ... h unit oftered shall he shown, and such price Shall include packaging, handling and shipping, and F .O.B. Miami delivety inside City premises unless otherwise specified. BidderiPn>poeer shall include in the ""'pense all taxes, insurance. social security, wo",," .. 's compensation, and,any olberhenelits nonnally peid by Ibe BidderlPmposer to its emploYees. If appliceble, a unit price shall he mtered in Ibe "Unit Price" coImnn for each item. Based upon estimatI:d quantity, OD exteDded price shall he mtered in the "Extended Price" column fur each item offen:d. In case of a discrepaDcy between the unit price and extended price, the unil price win he preslDDed correct. Co The BidderlPmposer m~ state a definite time, ifrequired, in calendar dey. for delivety of goods and/or services. D. The BidderlPmposer should retain a copy of all ","ponse documents fur future reference. E. All responses, as described, must he fully completed ODd typed or priuted in ink and musl he signed in ink with the firm's name and by an officer or employee having authority to bind the ocmpany or firm by bislher signature. Bids/ProposaJs having any erasures or corrections must be initialed in ink by person signing the response or the response may he rejected. F. Responses an: to """Bin valid for allesst 180 day •. Upon award ofa contrllel, the contenl of the Successful Bidder'sJl'roposer's response may he included lIS part of the OCDtrllel, aI the City's discretion. G. The City ofM/ami'. Response Fonos shall be used when Bidder/Proposer i ... ubmitting its respoose in hsrdcopy fonnat. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPy FORMAT, TIlE ORIGINAL AND THREE (3) COPIES OF TIlESE SETS OF FORMS, UNLESS 01HERWISE SPECIFIED, AND ANY REQUIRED ATIACIlMENTS MUST BE RETURNED TO TIlE CITY Page 21 of37 31 Invitation for Bid (lFB) 391322,1 OR YOUR RESPONSE MAYBE DEEMED NON·RESPONSIVE. 1.61. PRICE ADJUSTMENTS -Any price decrease effectuate<! during the contract period either by reason of market change or on Ibe part of the contractor to other customers shall he passed on to the City of Miami. 1.61. PRODUcr SUBSTITUTES -In Ibe event a particular awarded and approved manufaoturets product becomes unavailable during the term of the Contrac4 the Contractor awonled that item may arrange with Ibe City's aotbon...t represenlative(s) to supply a substitute product at the awonled price or lower, provided that a sample is approved in advance of delivery and Ibat the new product meets or exceeds all quality requirements. 1.63. CONFLICf OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHlBmONS- Contractor represents and wammls to Ibe City thai it has not employed or retained any p .... n or company employed bY the City to solicit or secnre this Cott1mcl and thai it has not offered to pay, paid, or agteed to pay any p .... n any fee, commission, pen:entage, brokerege fee, or gift of any kiod contingent apon or in connection witb,the award of this Contract. 1.64. PROMPT PAYMENT -BidderslProposers may offer a cash discount for prompt payment; however, di5coun!s shall not be COIISidered in determining the lowest net cost fur respense evaluation pU1'JlOS"S. BidderslPmposers are reqnhed to provide their prompt paymenttenns in the space provided on tlte Formal Solicitation. If no prompt payment disconat is being offered, the BidderiPloposer must enter zero (0) fur tlte pen:enlage discount to indioate no di5connt If the BidderiPloposer fails to enter 8 peroenltlge, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by dte City, whicbever is hlter. Wben the City is entitled to a cash disceunt, the period of computation will commence oa dte date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in paymellt is necesssry due to damage, dte cash discount period shaD commence on the date final approval fur payment is anthorized. Ifa di5count is part of the contract, hut the invoice does not rellect the existence ofa cash discount, the City is entitled to a cash di5count with the period commencing on dte date it is determined by the City that a cash di5count applies. Price discounts oll'dte original prices quoted on the Price Sheet will·be accepted from successful bidderslpri>posers during Ibe tena of the contnwt. 1.65. PROPERTY· Property owned by the City ofMianii is the responsibility of the City of Miami. Such property furnished to a Contractor fur repair, modifictttion, study, etc., shall remain Ibe property ofdt. City of Miami. Damages to such property occurring while in dte po .... sion of the Contractor sball be the responsibility of the Contractor. Damages occurring to such property while in route to Ibe City of Miami sball be dte responsibility of the Contractor. In th. event that such property i. destroyed or declared a total loss, the Contractor sbaIl be respOnsihle fur replacement value ofdte property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING· Except as olborwise expressly provided in Ibe resulting Contract, all covenants, conditions and provisions ofdte resulting Contract shall be binding upon and sball inure to the benefit of lb. parties hereto and dteir respective heirs. legal representatives. successors and assigns. 1.67. PUBLIC ENTITY CRIMES • A person or affiliate who has been placed on the convieted vendor list fullowing a conviction fur a public entity crime may not submit a response on a conlract to provide any goods 9r services to a public entity, may not suhmit a response on a contract with a public entity fur Ibe construction or repair of a public building or public work, may Dot submit response. on I ..... ofreal property to a public entity, may not be awarded or perfonn work as a contractor, supplier, subcontractor. or consuhant 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 J2 Invitation for Bid (!FB) 391322,1 2B7.0 17, for CAJEGORY TWO for a period of 36 months from the date of being plBcOd on the convicted vendor list. 1.68. PUBLIC RECORDS -Contraotor nnderstands that the public shall bave access, at all reasonable times, to all documents and information pertaining to City contm:ts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section IB, ArtIcle m, and agrees to allow access by the City and the public to all docmncnts subject to dlBclosum andor applioablelaw. Contraotor shall additionally comply with the provisions of Section 119.0701, Florida StaIutes, entided "Contm:ts; public rocords". Contractor's tBilum or refusal to comply with the provision of this section shall result in the immedinte cancellation of this Contraol by the City. U9. QUALITY OF GOODS, MATERIALS, SUPPUES, PRODUcrs, AND EQUIPMENT -AU mnteriaIs osed In the manufacturing or constructinn ofsuppli .. , materials, or equipment covered by this solicitation shall be new. The items bidlproposed mll5l be of the latest make ocmodel, of the best quality, and of the highest grade of wolkmanship, unl ... as otherwise specified in this Solicitation. 1.70. QUALITY OF WORKISERVICES -The worldservlccs perfumed must be of the highest quality and woIkmanship. Materials lilmiBbed 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 (See. 18-106) -Ifpriorto Contraot aw"'" It is determined that a funnal solicitation or pmposed award is in violation of law, then the solieitation or proposed awanl shall be cancelled by the City CqmmissiOD, the City Managts or the ChiefProcunmtenl Qfficcr, as mey be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUJ'ES (See. 18-105) (0) Authority to resolve Coatract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the 8UIbority to n:soIve contmvcrsios between the Contraotua1 Party and the city which arise noder, or by virtue of, a Contcoct between them; provided that, in cases involving an amount grealerthan $2S,OOO, the City Commission mustapprove the City Maoager's decision. Such auIhority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lock of complete performance, and shall be invoked by a Contcoctna1 Party by submission of a protest to the City Maoagcr. (b) Contcoct dispute decisions. If. dlBpute is not resolved by mutual consent, the City Manager shall prompdy render a wriUen report stating the_ Ibr the action taken by the City Commission orthe City Manager which shall be final and conclusive. A copy of the decision shall b. immediotely provided to the protesting party, along with a notice of such party's right to seek judicial reliet provided that the JllOtesting party shall Dol be entitled to such judicial reliefwithout lim having followed the procedure set forth in this scctlon. 1.73. RESOLUTION OF PR~TESTED SOLICITATIONS AND AWARDS (See. 18-104) (0) Right 10 pmtest. The following procedures shall be osed for resolution of protested solicitations and awards except for purcbases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $2S,OOO. Protests thereon sbaU be governed by the Admioistnrtive Policies and Procedures of Purchasing. I.Protest of Solicitation. L Any prospective proposer who perceives itself eggrioved in coMeetinn with the solicitation of a Contraot may protest to the Chief Procurement OfIIcer. A written notice of intent to fil •• protest shall be filed with the Chief Procur!>ment Officer within three days after the RequeSt for Proposals, Request for Qualifications or Request for Pege230f37 33 Invitation for Bid (lFB) 391122,1 Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by lb. ChierProcurement Officer; or IL Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of in tent to file a protest shall be filed wilb the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notic~ of intent to file a protest is COIlSid.Jed filed when received by the Chief Procurement Officer. 1. P",_ of Award. L 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 oflbe notice of the City Manager's recommendation fur award of Contract, which will be posted on the City of Miami Puichasing Department website, in the Supplier Comer, Currenl SoUcitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found bY selecting the derails 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, Ibe Bidder/PJOposer must co_lite buyer forthat solicitation to obtain lite suppliers nBOle. It shall be the responsibility of the BidderlProposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actual Respoosivo and Responsible Bidder wbnsc Bid is Jowerthan that of the recommended bidd ... may protest to the Chief Procurement Officer. A written notice of intent to file a protest sball be filed with the Chief Proourentent Officer wiIbin two days after receipt by the bidder of the notice of the city's determ.inatioII of non respoosivc:uess or non responsibility. The receipt by bidder of such notice sbaII be confinned by the city by facsimile or electronic mail or U.S. mail, RlIUm receipt ""Iuesteci. A notice oCintent to file a protest is considered filed wben received bY the ChiefPmcuremenl Officer. . Iii. A written protest bsscd on any of the fureg.iug must be submitted to the ChiefPmcuremenl Officer within five (5) dsys after the date tho notice of protest was filed. A written protest is considered tiled whee received by lite Chi.CProcuremenl Officer. The written protest may oot cIuillc.ge the relstive weight oflbe evaluation criteria or the furmula for assisning points in making an award determination. The written protest shall state with particularity the specific facts and law upen which the protesl of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the mjIIin:d Filing Fee as provideil in subsection (I). This shall form the basis Cor review of tho written protest and no facts, grounds, documartation,or evidence not contained in the protester's submission to the Chief Procurement Officer at the time offiling the protest shall be permhted in the consideration of the written protest No time will be added to the abcve limits fur service by mail. In ccmputing any period of tim. prescribed or allowed by this section, the dsy of the act, event or default ftom which the designated period of time begins to run sball nol be included. The last dsy ofth. period so computed shall be included unless it is a SatunIay, SlDlday or legal holiday In which evenlth_period shall run IDltil the end of the next day which is neither a SatunIay. Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall bo excluded in the computation of the time for filing. (b) Authority to resolve protests. Tho ChieCPmcuremenl Officer .haIl have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolv. any written protest The ChiefProcuremeet Officer shall obtain the requisite spprovals and communicate said decision to the prot.sting psrty and shall submit said decision to the City Commission within 30 days after helshe receives the p_ In cases involving more than $25,000, the decision of the ChiefProcuroment Officer shall be submitted for approval or disspprovallberecflo the City Commission aIler a Cavorabl. recommendation by the city attomey and the City Manager. Puge 240f37 Invitation for Bid (lFBl 391322,1 (e) Compliance with filing requirements. Failure ofa party to timely file either the notice of in tent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (t), with the ChiefProc\lJ\\ment Officer within the time provided in subsection (al, above. shall constitute a forfeiture of such party's right to file a proteSt pursuant 10 this section. The protesting party shan not be entilled 10 seekjudicial reliefwi1ll0ut first having followed the procedure set forth in this section (d) Stay ofProcuremenls during protes1s. Upon ..... ipl of a written proteSt filed pursuant 10 the requirements of this section, the city sball not pnoeeed forther with the solicitation or with the a.,BId of tho Contract until tho protest is resolved by the Chief Procurement Officer or the City Commission os provided in subsection (b) above. unless the City Manager makes a written determination that the solicitation pro .... or tho Contract awBId must be continued without delay in order to avoid an immediate and serious danger to the public health, safioty or welfare. (e) Costs. All costs accruing from a prOtest shall he lI5SUDled by 1IIe proteStor. (f) Filing Fee. The written protest must be 8000mpanied by a filing fee in the furm ofa money order or cashier's cbeck payable to the city in an amount equa1 to one percent of tho amount of the Bid or proposed CoDlraol, or SSOOO.OO, whichever Is less, which filing fee sball guanuttee the payment of all costs which may be a4judged against the prolCStor in any adminislrative or court proceeding. If a proteSt i. opbeld by 1IIe CbiefProcurement Officer and/or the City CommissiOll, as applicable, the filing fee shall be refunded to the protester less any costs .. sessed under SIlbsection (e) above. If the protest is denied, tho filing fee shall be fi>rl'elted to tho city in lieu of payment of costs furthe administrative proeeedings as prescn'bed by SIlbsection <el above. 1.74. SAMPLES -Samples of items, whee required, must be submitted within the time specified al no ""Pense to the City. Ifnot desboyed by t<sting. bldder(s)/propnseo(s) will be notified to remOve samples. at their ""Pense, within 30 days afternolilication. Failure to remove 1IIe samples will result in the samples becoming the property of the City. . 1.75. SELLING, TRANSFElUUNG OR ASSIGNING RESPONSIBILITIES -Contm:tor shall not .. 11, assign, transfer or subcontnlct at any time during the tenn of the Contract, or any part of lis operations, or assign 80y portion oflbe perfonnance required by Ibis contract, except under and by virtue of written pernaission granted by the City tbrough the proper officials, which may he withheld or conditioned, in the City's sol. discretion. 1.76. SERVICE AND W AlUlANTY -When specified, Ibe bidder/proposer sball define nil wammty, service and replacements that wiD be provided. BidderslProposer must ""Plain on the Response to what extent wammty and service filcilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS -The appanmt silence of these specifications and any supplemental specification as to any detail or lb. omission from it of detailed description concerning any point shall be regorded as meaning that oDly the best commercial practices are to prevail and that only materials offirst qaality and com:ct type, sm. and design are to be used. All wor\an8Oshlp and services is to be filS! qaalily. AD interpn:tations of these specifications sball be mode upon the b.sis of this s~ent. If your firm has a cumll\contract with the State of Florida, DeportmentofGeocra1 Services, to supply Ibe items on dd. solicitation, lb. bidder/proposer sball quote not more Iban the contract price; fBilure to comply with Ibis request will result in disqualification of bid/proposal. 1.78. SUBMISSION AND RECEIPI' OF RESPONSES· Responses sball be submitted electronically via Ibe Omele System or responses may be submitted in hanlcopy format to the City Clerk, Cjty Hall, 3500 Pan American Drive, Miami, Florida 33133·5504, at or before, the specified closing date and time as designated in the IFB, RFP, Poge 25 of37 l5 Invitation for Bid (IFB) 391322,1 RFQ. or RFLI. NO EXCEPTIONS. BiddersIProposers 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 onvelope, box or package must show the hour and date specified for receipt of responses, tlte solicitation number and title, and the name and retwn address of the BidderlProposer. Hardcopy responses not submitted on the requisite Response Fanus may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non~responsive. DlrediGus to City HaD, FROM THE NORm: I-9S soum UN11L IT UlRNS INTO US!. US! soum TO 27TIf AVE., UlRN LEFf, PROCEED SOU1H TO SO. BAYSHORE DR. (3RO TRAFFIC LIGHT), TIlRN LEFf, ! BLOCK UlRN RlGIIT ONPANAMERICANDR. CITY HALL IS ATTIIE END OF PAN AMERICAN DR. PARKlNGISONRIGHT. FROM THE SOUlH: US! NORTH TO 27TIf AVENUE, TIlRNRiGIIT, PROCEED SOUTInO SO. BAYSHORE DR. (3RDTRAFFIC LIGH1), TIlRNLEFf, I BLOCK WRNRiGHTON PAN AMERICAN DR. CITY HALL IS AT TIIE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. FaeslmiJe responses will not be considered. 'c. Failure to follow these procedures is cause for rejection ofbidlproposal D. The responsibiln,. for obtaining 8J1d 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 tit. Uoited States mail delivmy or caused by 8J1Y other occurrence. Responses received after the solicitation closing date and time will be returned unopened, sod will not be considered for award, E. Late iesponses wiU be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with tltese conditions are subject to rejection. G. Modification ofreapouses aIresdy submitted will be considered only if received al!be City before the time sod date set for closing of solicitation responses. All modifications must be submitted via tlte Oracle System or in writing. Once a solicitation closes (closed date 8J1d1or time expires), tlte Cn,. will nol consider any subsequent submission which alters tit. responses. . H. Ifbardcopy responses are submitted at the same time for different solicitations, eaclt response must be placed in a separate envelope, box, or package sod each envelope, box or package must contain the infbnnatioD previously stated in !'s2.A. 1.79. TAXES -The Cn,. of Miami is exempt from any taxes imposed by tlte State andlor Federal Governmenl Exemption certificates wiU be provided upon request. Nolwithstonding, BiddmlProposers should be aware of tlte fact that all materials and supplies which are purchased by tlte Bidder/Proposer for the completion oftlte contract is subject to !be Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended'and aU amendments tltereto sod shall be paid solely by the BidderlPmposer. 1.80. TERMINATION -The Cn,. MaoagOr on behalf oftlte City of Miami reserv .. the right to terminate this contract by written notice to !be contractor effective tlte date specified in the notice shouid any of the following apply: . A. The contractor is determined by the City to be in bresch of soy of the terms and conditions oftlte contract. Page 260f37 36 Invitation for Bid (IFB) 391322,1 B. The C~ has detenuined that such ~ination will be in the best interest of the City to terminate the conln!ct fOr its own conveniencej C. Funds are not available to cover the cost of the goods andlor services. The City's obligation is contingent upon the availability of appropriate fUnds. 1.111. TERMS OF PA YMl!NT -Payment will be made by the C~ after the goods andlor services awarded to a BidderlPropo'cr have beea received, inspected, and fuund to comply with award specifications, free of damage or defect, IIIId properly invoiced. No advance payments of any kind will be made by the C~ of Miami. Peyme.t sball be made after delive,>,. within 4S days of receipt ofan invoice and authorized inspection and acceptance of1be goods/serVices IIIId pursuant to Section 218.74, Florida Statute. and other applicable law. 1.111. TIMELY DElJVERY -Tinte will be of the essence for any orders placed as a -at of this aolici1ation. The City ~ the right 10 cancel such orders, or any part thereof, without obligation, if delivet)' is not mode within . the time(s) specified on their Response. Deliveries are 10 be made during regeIar C~ business hours unless othorwise specified in the Special Conditions. 1.83. TITLE -TiUe to the goods or equipment ,ball notpess to the City until after the C~ bas accepted the goodsiequipmem or used the goods, whichever coines first. 1.114. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DlSCWSIlRE-All Responses submlIIed to the City are subject 10 pub"c disclosure pursuant to Chapter 119, Florida Statutes. An exception mey he made fur "trade secrds." !flbe Response contains infurmation that constitutes a "trade secret", all material that qualifies fur oJCetnption ftom Cbap1er 119 must be submittod In a separate envelopc, cleany identified as "TRADE SECRETS EXCEPTION," with yOW' fum', name IIIId the Sollci1ation .mnber and title marked on the outside. Please be awarethat the designa1ion of an item as a trade semi by you mey be cbaIIenged in coU!1 by any person. By your designation of material in yOW' Response as a "trade secret" you agree 10 indemnify and hold harmless the City fur any award to aplaintifffurdamagcs, costs nrattorney's fees and fur costs and attorney's fees incurred by the City by reason of any IegeI action cbaIIenging your claim. 1.85. UNAUTBOIllZED WORK OR DELIVERY OF GOODS-Neither the qualified Biddet(s)lProposcr(s) nor any ofbisiher employees sball perform any work or dell .... any goods unless a change order or j>urchase order is issued and ..... ived by the Contractor. The qualified Bidder(s)lProposer(s) shall not be paid fur any worl< perfunued or goods delivered outside the scope ofth. contract or any work perfunned by an employea nOl otherwise previously authorlzod. 1.86. USE OF NAME -The City is not engaged in researoh for advertisillg, ,ales promotion, or other public~ purposes. No advertising, sales promotion or other public~ materials containing Information obtained from this SoIiei1ation are to be mentioned, or imply the name of the City, without prior.xpress written permission oflbe C~ Manager orlbe City Commission. 1.87. VARIATIONS OF SPECIFICATIONS -For purposes ofsolicitstion evaluation, bidd""'proposers must indicate any variances from the aolicitation specifications andlor conditions, no mal!<r how slight Ifvariations are not stated on their Response, it will be assumed that the product fully complies with the C~'s specifications. Page 27 of37 31 2. Special Condilioos 2.1. PURPOSE Invitation for Bid (!FB) 391322,1 The purpose of this Solicitation is to establish a contract, for Document Management Software, Hardware, and Services, as specified herein, liom a souroe(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 ADDmONAL INFORMATION/CLARIFICATION Any questions or clarifications concemlng this solicitation shall be submitted by email or facsimile to the PwchasiogDepaJ1ment, Attn: Yusbel Goru:alez; fax: (305) 400·5104 or email: ygonza1ez@ci.miami.f1.us. The solicitation title and number shall be referenced on all correspondence. All questions must be .... ived DO later !ban Tl1esday, December 24, 2013 at 5:00 PM. All responses to questions will be senttD all prospective bidders/propose:s In the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. TERM OF CONTRACT The Contract shall oommence upon the date of notice of award and sball be effective for two (2) years with the option to extend for three (3) additional one (I) year periods, subject to the availability of funds fursuccecding fiscal years. Continuation of tile 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 !he best interest of the City. ~~COND~ONSFORRENEWAL Ench renowal of!his contra<:! is subject to the following: (I) Continued satisfactory perfunnance compliance wi!h!he specificetions, terms and conditionsestahlished herein. (2) Availability offuods 2.5. NON·APPROPRlATlON OF FUNDS In the event no fuods or insufficient fuods are appropriated and budgeted or are o!herwise unavailable in any fiscal period for paymeou due under !his contract, !hen the City, upon written notice to Contractor or his assignee of such occurrence, shall have the unqualified right to tenninale the contract without any penalty or expense to the City. No guanantee, warranty or representation is made that any particular or any project(s) will be awarded to any firm(s). 2.6. MEmODOI! AWARD Award of this contra<:! will be made to the responsive and responsible bidder (s) who offer the highest percentage discount, per manufacturer brand, off the manufacture~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. RIDDER MUST SIWMIT THE Mtl.NiIFACrIWJIB PUB! JSDED PRICE LIST OR CATtI.I,oo AT TIME OF run. OTHERWISE BIDDER MAY BE DEEMED NON.RESPONSIVE 2.7. BIDDERS MINIMUM QUALIFICATIONS Bids will beCOllJidered only from finns that are regularly engaged in the business of providing goods andlor services as described in this Bid; thlll have • record ofperfonnanoe for a reasonable period of time; and thai have sufficient financial support, equipment and organization 10 insure that they can satisfilctorily provide 1fte goods andlor services if awarded a Contract under the terms and conditions herein stilled. Bidder shall: (I) not have any member, officer, or stockholder thai is in anears or is in defiouIl of any debt Dr contract involving 1ft. City, is a defaulter surety oiherwise, upon any obUgation 10 1fte City, andlor has ftilled to perlOnn 1ii1hfuUy on any previous contract with the City. / (2) have no _ of peoding lawsui1s or criminal activities, and have never been declaned bankrupt. (3) Be registered with the Florida Department of State, Division of CoIpOrations, 10 do business in 1fte Slate of Florida. (www.sunbiz.oJgj BIJIIDERS RESPONDING TO JlJNE ITEM #1 OF THIS IFII SHALL: (I) be a current Laserficbe Value Added Resellor(VAR) (2) currently have five (5) years (concuireut1y i.e. 20081D 2013) ofLasorfiche experience (3) have successfully completed III least two (2) municipality-wide lns1aIIations, in the Slate of Florida, along with support and maintenance of either Laserfiche United, Lasorfiche lIME, Laserficbe RIO, or Laserfiche Avante, involving process development fur the fuU may of the municipality's departments. (4) have the nbility 1D be ousite for support within twenty·four (24) hours for standaJd support and within fuur (4) hours fur emergonoy sUpport. (5) offer cus1Dmized Laserficbe services, such .. ore currondy employed fur autoinated bulk-importation and auIomilled OSI-SL Retention Scheduling. (6) offer development (integration) services 10 assist with (consult) or provide integration solutions such as Wuulows Communication Foundation (WCF) Services, Web Servioes or other integration poin1s. (7) have experience with Florida Slate Records Retention Law and 1fte GSI-SLretention schedule, which .the City of Miami i. required 1D Ii>Uow. BIDDERS RESPONDING TO LBNE InMS #2, #3, AND #14 OF TillS IFB SHALL: (I) be a Mmtufacturer OR ManufacturerlDistributor Authorized Re.eUer! Dealer! Service Provider of the product bmnds specified. FAILURE TO MEET TIlE ABOVE LISTED MINIMUM QUALIlFICATnONS 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 Rei ..... At time of order, products provided to the City under this contract must b. the lalest approved model or vetSion Page 29 007 ]9 Invitation for Bid (IPB) 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 shaH utilize Attachment A -Bid Price Sheet 10 .ubmit their bid prices. Attachment A i. localild under the Hcader/Notes and Attachments seelion oflllis soucitation in the OraoI"'iSupplier Sourcing System. FAILURE TO SUBMIT THIS FORM AT TIME OF BID SHALL DEEM BIDDER NON-RESPONSIVE. Bid. sball be submitted on the basis ofa discount from a manutiu:ture~. published price list(s) or catalog. Such published price Iist(.) or catalog must be common to and accepted by the industry in general. The lists or catalog must be pmperly identified with the manufacturer name, date ofissuance, and effective date. Pnbllsbed price Ilst or catalog must be provided at the lime oCbid .Dbmillalln el_al. fo"",at, eltber .s an ._meot iD the beader section of the bidder'. electronic reapon .. via tbe Oracle iSuppUer.,..tem OR in • CD or flasb drivelmemory drive IfsubmittiDg • "ordcopy bid respoDllO. With Ibe exception of increases to the discount awarded, th. p""'entage discount sball be fixed and !inn for Ibe term oflbe contract, including aH renewal options. Revised pubfished price list(s) or catalog may be used os a means of S!l!!UIIlprice adjustments. Revised published price ust(s) or catalog will be accepted only in the event ofan induStry-wide prioe ehange, os evidenced by Ibe issuanoe of revised price lists or catalog by the manufacturer. Published price list or catalog submitted at time of bid ' shall remain valid fur a period of one (1) year from the COIltract start date. At least thirty (30) calendar days prior 10 the oed oflbe cmrent COJIIratI year, revised published price list(s) orcatalog sball be sublitiued 10 the Department of PtOcurement Revised prices will not become effective until the start of the new contract year. 2.10. BALANCE OF LINE While the City bas listed all major items on the bid solicitation, there may be ancillary services theI fall within the scope of this contract theI DIily be needed by the City during Ibe leno of this contract. Forthis reeson, bidders are reqtreSled 10 qunte the percentage discount theI will be offered to the City fur services such as, but no limited 10: Sclnp services (per hour) Training services (per hour) Development (Integration) ...... ices (per hour) CustomizedLaserfiche services, such os are currently employed for automated bulk importation and automated GSI-SL Retention Scheduling (per hour) This discount shaH be offered fur "" .1!I!>jcq listed in the bidde~. published price list or catalog. The most recently published price list/catalog simIJ serve as the boois fur establishing the price 10 be discounted. Bidder .h.Ulybmlt. at time Q[bjd. publb.cd prjc:e ljatfgtalgg. ar other YCrirud)le pricing I0Il.'" for «be !ie(Yiccs oUerccI IIpder th' BallpR ofLige. Z.Il. FAILURE TO PERFORM Should it not be possible 10 reach the conlnlCtor or supervisor andlor should remedial action not be taken within 48 hours of any failure to perfono aecording to specifications, the City reserves the right to declare Contractor in defiwlt of the contract or make eppropriate reductions in the contract payment. Poge 30 of37 40 Invitation for Bid (lFB) 391322, I 2.U.INSURANCE REQUIREMENTS INDEMNIFICATION Bidder shall pay on bebaIf of, indemnitY and save City and its official. harmless, from and against any and all claims, liabilities, losses, and causes of action, wbich may arise out of bidder's perfOrmance IInder the provisions of the con1llu:t, including all acts ar omissions to act on tho pert of bidder, including any person perfurming under this ContraotlQr or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not anributable to the negligence armisconduct afthe City and, from and aplnst any arders,jUdgments or decrees which may be entered and which may result from this Coulract, .. less aun'bulable to the negligence or misconduct aflbe City, &lid finm and against all costs, anomeys' fees, expenses and liabilities incwn:d in the deflmse of any such claim, or the investigation thereof. . The bidder shall IiImisb to City of Miami, cia _enl Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certilicate(s) of Insurance· which iodi_that insurance coverage has been obtained which meets the requimnen1s as ol1llined below: (1) Commen:ial General LiabUity: A. Limits of Liability Bodily Injwy IIId Property Damage Liability -Each Occurronce: $1.000,000 GeaeraJ Aggregate Limit: 52000.000 Personal and Adv.ll\iwy: $! 000000 Products IIId Completed Operations: $1 000.00o B. Endonlcments Required: . City of Miami included as an Additional insured. Contingenl & Conllaclual Liability Premises 8Ild Operations Liability (2) B __ Antomoblle LIability A. Limits ofLiability Bodily I'Iiwy and Property Damege Liability Combined Single Limit OwnedIScbeduled Autos including HUed, Borrowed or Non·OWned Autos Any One Accident: $1 000 000 B. Endorsements Required: City of Miami included as an Additional Insured (3) Worker'. Com_lion A. Limits of Liability: Statutory -State of Florida Waiver of Subrogation 41 Pege31 af37 Invitation for Bid (IFB) 391322.1 Employer'. Liability A. Limits of Liability: $100.000 fur bodily injury caused by ao accident, each accident $100.000 for bodily injury caused hy dise .... each employee $500.000 for bodily injury caused by dise .... policy limit (4) ProfessioDal LlabilltylErron .Dd OmissiOD. Covenge Combined Single Limit Each Claim $1 000 GOO Geneml Aggregate Limit $1.000,000 Rotro Date Included The above poUd .. ahaII provide the City of Miami with wriUen noli ... of CIOD<OIlatlon or material.bange from !be iaa_1n Rttonlan .. to polley provilioDs. BINDERS ARE UNACCEPTABLE. The insurance coverage Rquired shall include those cl ... ifiC8lions. as listed in standard liability insurance manuals, which most Dearly reflect the operatioas of the bidder. . All insurance policies Rquired above shall be issued by companies authoriz;ed to do business under the laws ofthe State ofFlorids, with the fullowing qualifications: The Company must be rated no less than • A-" as to management, and DO less than "Class V" as to financial strength, by thelatesi edition of Best'. Insurance Guide. publlshed by A.M. Best Company. Oldwick, New Jersey. or its equivalent. All policies and/or certificates of insnrance are subject to review and verification by Risk Management prior to insurance approval. NOTE: CITY BID NUMBER AND/OR TIlLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing Rquin:ments shall net relieve the bidder of his liability and obligation tmderthis SOCIion or under aoy o1ber section of this Agreement. -If ms1D'8Dco certificates are scheduled 10 expire during the contractual period, the Bidder abaIl be responsible for submitting new orrenewed insunmce certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. -In the event that expired certificates are n01 replaced with new or renewed certificates which cover the contractua1 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) Th. City may. at its sole discretion, terminate this contract for cause and seek re-procurement damages mm the Bidder in conjunction with the Geneml and Special Terms and Conditions of the Bid. The Bidder shall b. respollllible for assuring that the insurance certificates Rquired in conjunction with this SectiOn remnin in fORle 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 (lFB) 391322, 1 Full payment will be malle upon receipt and acceptance of each contract item ordered via a Blanket Release. No down or partial down pa.yments 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 .. y liquidated damages and/or other damages to theSuccessful Bidder upon final completion and acceptance. Goodsiservices provided without the prior issuance of Blanket Release ,hall be considered UNAUTIIQRI71ill in accordance with Genellli Terms and Conditions Seclion 1.85 of the IFB. 2.14. PACKING SLIPIDELIVERY TICKET 1'0 ACCOMPANY ITEMS DURING DEUVERY The SII<COSBful bidder shall enclose a complete paCking slip or dellveJy ticket with any items to be delivered in coqjunction with this bid solicitation. The packing slip sItall be attached to the shipping carton(s) which contain the items and shall be made availnble to the City's authorized representJtive during deliveJy. The pacldng ,lip or deliveJy ticket shall include, at a minimwn, the fuUowing iDfurmntlon: purchase ardor number; date of order; a completc listing of)....,. being delivered; and baek-order quantities and esthnated doliVel)' of back -orders if applicable. 1.l5. RESPONSE TIME A twenty-four (24) hour response time i. required fOr standard support and a four (4) hour response time is required fur' emergency. support. Failure to respond to a service caD within tho specified·thoe may result in the contracted vendor being deemed in defiIUlt of ccntract and possibly paying any and all costs associated with the services perfurmed by an a1temate vendor. 1.l6. ADDmONIDELETION OF ITEMSll'RODUCTSISERVICES Although this Solicitation identifies specific items/products/services to be provided, it is hereby agreed and II1IdmCood that any n:1aIOO itemIprodllCtslservices may be addedIdcloted IDIftom this contract at the option ofthe City. When an addition to the contract is required, the Sw:cessfuI Bidd~,) under this contract, and uther suppliers, as deemed necessary. shall be Invited to submit price quotes fOr these new items/productsiservices.lfthese quotes are comparable with market prices offered for similar items/productslservices, the supplier(s). if applicnble. and item(.) shall be added to the contract. An amendment and updated Blanket Purchase Agreement shall be issued by the City. The newly added items/products shaH be ordered vlaa Blanket Release! Purchase Order. 2.17. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Mr. Stuart Horny. who ,hall be designated as the Contract Administrator. 2.18. TIE BIDS Whenevertwo or more Bids which are equal with (OSpeet to price. quality and service are received by llie City for the procurement of commodities or contractual services. a Bid received ftom a business that certifies that is has implemcoted a drug-free workplace prognun 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 prognun.1n order to Page 33 of37 43 Invitation for Bid (IFB) 391322.1 have a drug-fioe workplace program. a business shall: (I) Publish a statement notifYing employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled subsllince is prohibited in the wod<place and specifYing the action thilt will be taken against employees for violations of such prohibition. (2) Infonn employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug·fioe wod<place, any available drug counseling, rebabilitation. and employee assistance program., and the penalties thBt may be imposed upon anployees for drug abuse violations. (3) Give each employee engaged In providing the commodities or contractual services thBt are under Bid a copy of the statement specified in subsection (I). (4) In the statement specified in subaection (I), notifY the employees that, as a condiiioo ofwodcing on the commodities or COI\1nICIual services 1hat are under Bid, the employee will abide by the terms of the .Slalement and will notifY the employer of any conviction of, or plea of guilty or nolo contendere to. any violation of Chepter 893 or of any controlled substance law of the UnIted S-. or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction au, or require the satisfilctory participation in a drug abuse assistance or rebeln1ltation program, if suob is available in the employee's community, by any employee who is so convicted. (6) Make a good fuitb elfurtto coDtieueto maintain adrug·fioe workplace throngb implementation of this section. 1.19. LIQUIDATED DAMAGES Bidd~ sbnU provide all items iIt the guaranteed delivery time specified by the City in the Delivery Section of this solicitation. lfthe su.......n.1 bidder wls to deliver within the specified delivery time, it is understood 1hat 1% of the unit price percaleodar day per item will be deducted, as liquidated damages, lbr each day beyond the specified delivery time (not to exceed the total amount of the contract). not as a penalty but ... a filrm of compensation lb, the loss of not baving the ability to use the product. 1.20. MA.1ERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECfS The Bidder hereby acknowledges and agrees thBt all materials/products, except where recycled content is specifically requested, supplied by the Bidder in COI\iunction with this Bid sball be new, warranted for lIteir merchantability, and fit for 8 particular purpose. In the event any of the materials/pmducts supplied to lite City by the Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the oroer and return such materials/products to the Bidder to replace the materials/products iIt the Bidder's expense. 1.21. 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 b. included with the product at timeofshipment. 2.21. REFERENCES Page 34 of31 ,. , Invitation for Bid (IFB) 391322,1 Each bidder ID.IIII provide alleast three (3) references in the Header I Attributes' C~rtilications Section of the Invitation for Bid. References must include the name of the company, dotes of contnwt, descriplion of goods 'upplied, a contact ~on, telephone number, and e-mail address. Failure to provide ot least three (3) references may deem bidder non~responsive. 2.23. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notilY tho City of Miami Purohasing Departm.n~ in writing, nO I ... than ten (10) days prior to solicitation closing date of any change in tho manufBcturers' specifications which oootlict with tho specifications. For hard copy bid submittals, bidders must explain any deviation from the specifications in writing as a footnotl\ on the applicable specification page and enclose a copy of tho IIlIII1UfiIcturs specifications dota detailing the changed item(s) with hisIher submission. For electronic bid submittals, bidd ... must explain in tho Header Section or by an Attachment and, if applicable, enclose a scanned copy of the manufilctun:J'. specifications dota dctBiling the changed item(s) with bisIher submission. Additionally, biddors must indicote any options requiring the addition of other options, as well as those which are includod as a part ofanother option. Failure of bidders to comply with these provisions will result In bidders being held respGDSI"ble fur aU costs required to bring the item(s) in compliance with conuact specifications. 2.24. MAINl"ENANCE OF SCANNERS Maintenance ofscanners shall include all1abor (including travel time) fur the scanners instal1ed under this bid. Bidder sball also maintain a twenty.fuur.(24) hour response time from time of cal I. For emergency purposes oDly, a fuur (4) hour response time will be required. 2.25. TERMINATION A. FOR DEFAULT IfConuactor defaults in its perfurmance under this Contract and does not cere the default within 30 days atier written notice of defiwlt, the City Manager may tenninoto this Contract, in whole or in ~ upon written notice without penalty to the City ofMiamt In such event the Contractor shall he liable for demsges including the excess cost of procuring similar supplies or services: provided thot it; (I) it is determined for any reason thot tho Contractor was not in defiwlt or (2) the Contractor's failure to perfurm is without bis nr his sUhoontractor's control, liwlt or negligence, the tennination will be deemed to be a tenninstion fur tho convenience of the City ofMiami. B. FOR CONVENIENCE The City Msnager may tenninote'this Contract, in whole or in ~ upon 30 days prior written notice when it is in the best ~ of the City of Miami. If this Contract is fur supplies, products, equipmen~ or software, and so tenuinated for the convenience by the City of Miami the Contractor will be cnmpensotecl in accordance with an agreed upon adjustment of cost To the extent thot this Contract is for services and so tenninsted, tho City of Miami shall be liable. oDly for payment in accordance with the payment provisions nfthe Contract furthoso SOIVices rendered prior to tenninotion. . 2.26. ADDmONAL TERMS AND CONDmONS psge 35 of37 45 I I I ! 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. Ifsubmilted either purposely, through intent or design, or inedvertendy, appearing separately in transmittal letters, specifications,literature, price lists Of warranties, it is unde .. tood and agreed that the General Conditions and Speoial Conditions in this solicitation are the only condition. applicable to this solicitation and that the bidder'slpropose,s authorized signature affixed to the bidder's!proposers acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the Cil)' and is expressly included as part of this solicitation, no ndditional terms or conditions which materially orsubstanrlally vary, modifY or alter the terms or conditions of the PSA or Agr.emen~ in the sole opinion and reasOJ1llble discretion oflbe City will be oonsidered. Any and all such ndditional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement 2.27. PRIMARY CLlEN1' (FIRST ,RIOIUTI') The successfUl biddel(s)lproposer(s) agree upon award of this contract that the Cil)' of Miami shall belts primary cHent and sbllll be serviced first during a schedule conflict arising between this contract and any other oontract successful bidder(s)/pmposer(s) may have with any other cities andlor counties to perfurm similar services as a result of any _phic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting varioDS areas during or approximately the same time. Page 36 of37 46 Invitation for Bid (IPB) 391322,1 3. Spedficatlons 3.1. SPECIF1CATIONSISCOPE OF WORK BACKGROUND The City of Miami currently otIlizes Laserfich. as a document repository to store official copies wi1h Iong·tenn retention. Depertmenls usins the system include BoUding, City Clerk, Ma~r, Planning, Community Developmen~ Public works, Publio F""ilities, Code eufun:emen~ Zoning, Planning and Human Resources. The City's support Ibr Laserfiche bas lapsed as of October 2011, due to the contracted provider losing value-added reseII.r status wi1h Laserfiche. UJmNG SVSIW5 The City's Laserfiche system h8s remained at vClSion 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 bas 32 Laserfiche fuIlliccnses and 84 read licenses and the server runs Laserfiche United Version 8.1.2 32·bit. The clients.,. Laserfiche 8.1.2.735 (and one caseof7.21) on Windows 732·bit IUld Windows 7 64-bit. PRQDJJm ANn SERyIQ',s NEIIDEJ) MSERfICH1i, Under1bis oootJact, Bidder's sbaiI provide the City with the following Laserfiche products and services: Laserfiche united Laserfiche Avante Laserficbe RIO Laserficbe Software Asswance Pian (LSAP) BasicLSAP Premium.LSAP Bidder sbaIl also provide the City wi1h setup se!vices, tJaining services, and customized Laserficbe services, such as are ouneotIy employed fur automated bulk.importation end automated GSI·SL Rdeotion Schedoling. The City will ""lui ... developmeut (integmtion) servioes In assist with (consult) or provide integratico soIuticos such as Windows Communication Foundation (WCF) Services, Web Services or <)Iber integration points. SCANNERS: Underthis oontract, BiddOl's sball provide the City with Fujitsu and Cootex scanners. In addition, Bidder sbaiI provide for needed maintenance and service, accessories and software. QTIfflR SOFTWARE. Under this contra~ Bidde(s sball provide the City with Kofax Softw .... Products and Services. Page 37 of37 47 City Hall City of Miami 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File JD II: 14-00460 Veralon: Master Report R •• otuUon R-l~215 Controlling Office oflbe City Body: Clerk Enactment Data: 6112114 Status: Passed TItle: A RESOLUTION OF TIlE MIAMI CITY COMMISSION ACCEPTING TIlE BIDS RECEIVED ON JANUARY 14, 2014, PURSUANT TO INVITATION FOR BID NO. 391322,FROM MCCI, LtC., TIlE LOWEST RESPONSIVE AND RESPONSmLE BIDDER, FOR THE PURCHASE OFDOCUMENT MANAGEMENT SOFIWARE. HARDWARE, AND SERVICES, ON AN AS-NEEDl!D CONTRACfUAL BASIS, FOR AN INIT1AL CONTRACT Pl!RIOD OF TWO (2) YEARS, WITH OPTIONS TO RENEW FOR 11lREE (3) ADDmONAL ONl! (I) Yl!AR PERIODS; AUTIlOlUZlNG TIlE ALLOCATION OF FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF TIlE USl!RDl!PARTMENT, SUBJECT TO TIlE AVAILABILITY OF FUNDS AND BUDOETARY APPROVAL ATTHE TIME OFNl!l!D. Refal1lllce: I_uoed: 516114 Name: Accept Bid -MCCI, LtC. Requaetar: Jlepartm"'t of JnibmJatioo Tcclmology Noles: Sections: Indexes: Cost: Final Action: 6112114 Attachments: 14-00460 Summary Fonn.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 Deplpdf,14-00460 Legislation.pdf ActIon History v.... ActIng Body Office of the City Attorney Dale 6112114 Action Reviewed. and Approved City Commission 6/12114 ADOPTED This Matterwas ADOPTED on the Consent Agenda. Sent To Due Date Retumed Aye: 5 -Wifredo (Willy) GOlt, Marc David Sarnoff, Frank Carollo, Francis Suarez. and Keon Hardeman Result City of Miami P1!ge I Printed OD 711412014 48 Office of the Mayor 6/17/14 Office of the CityClerk 6/18/14 CityafMiami . Signed by the Mayor Signed and Attested by City Clerk Page 2 49 Office of the City Cleric Printed on 7/14/2.014 QIftu nf 4Hf{iami. CONTRACT AWARD FIRST RENEWAL IFBNO.: DESCRIPTION: TERM OF CONTRACT: 391322(19) DOCUMENT MANAGEMENT SOFTWARE, HARDWARE AND SERVICES . . TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) AODmONAL ONE·YEAR PERIODS CONTRACT PERIOD: RENEWAL PERIOD: COMMODI1Y CODE: I SECTION iII1 -VENDOR AWARD i/iCCI,LLC 1700 CepHal Circle &IV Tallah ..... , Fl32310 Contact Donny Barstow Phon.: (BOO) 342-2633 Fax: (860) 701-0715 Email: dwb@mccioocvaltgns.com JUNE 16, 2014 THROUGH JUNE 15, 2016 JUNE 16, 2016 THROUGH JUNE 15, 2017 9204s-Q0 ISECTION #2-AWARD1BACKGROUND INEORMATlONJAPPUCABLE ORDINANCESlNOTES C.C. AWARD DATE: RESOLUTION NO: ANNUAl CONTRACT AMOUI>IT: JUNE 12. 2014 14-0215 NIA AMENDED AMOUI>IT: INSURANCE REQUIREMENTS: PERFORMANCE BOND: APPLICABLE ORDINANCES: NJA YES NJA NJA Notte: Funds allocated from the various BOUrces of funds from the user departments and agancles, subject 10 avallabllll¥ oIft1nds and budgatuy aPPIlIva) at the time of need. J'he contrad: has been renewed for the period of June 16, 2016 through June 15, 2017. I SECTION #3 -REQUESTING DEPARTMENT INFORMATION TECHNOLOGY Contract Administrator: Stuart Henry Phon.: (305) 416-1566 I SECTION #4 -PROCURING AGENCY CITY OF MIAMI, PROCUREMENT DEPARTMENT Buyer: Pearl 8e1l101 Phone: (305) 416-1949 Fa.: (305) 416-1925 Prepared By: Max sage.se, 512712016 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAIlABLE fN THE tSUPP!..IER INFORMATION SECTION OF OUR WEBPAGE AT: wwwmiamigov.com/procurement Initial 50 ATTACHMENT B CONTRACT FOR DOCUMENT MANAGEMENT SOFTWARE, HARDWARE & SERVICES CONTRACT PRICE &: PROPOSAL Thomas F. Pepe-OH 1-16 PageSofS 51 mCCi ExperienceExcellencB Municipal Code COrporation PO Box 2235 & Tallahassee, Florida 32316 TELEPHONE (800) 342-2633. FAX (850) 564-7496 Logan Oi Uello, Senior Account ExeCutive e extension 1725 ologan@mccinnovatjons.com November 11, 2016 Mr_ Stephen Kulick Purchasing Manager 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Kulick: Thank you for speaking with me recently regarding Conversion and Indexing services for your records. We have enclosed a proposal per our conversation. If you have any questions concerning our proposal or desire additional infonmation, please do not hesitate to contact me. We appreciate your interest and look forward to working with you. Sincerely, Logan Di Liello Senior Account Executive Quotation Sheet-Police Department-Personnel SCOPE OF SERVICES AND PROJECT PRICING: Cltl! of Miami Contract Pricing -IFB NO: 391322 (191 The Client will furnish MCCI for its use In preparing the document Imaging project all hardcopy /electronic documents to be converted. PROJECT SCOPE -All estimate. are based on Information provided by the client . ~ General Description Document Size: Up to 11"x17" Document Types: Document Count: Image Count: Images per Document: • Document Preparution: 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 • • • • • • Personnel File. Approximately B80 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 PickUP 1 Shipment Documents will be named by information detailed above on /lie lab Client can provide excei 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 ! i I 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 $O.137/image Pricing listed in IFB NO: 391322(19) are braken dow" to -Not to Exceed" rates. The rates are d_iled below (can be referenced on PSle 53 of the awarded bid response document) and sh .... a per Imase PAYMENT /It BIWNG TERMS Meel 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 Pian Scanning SCOPE OF SERVICES AND PROJECT PRICING: City of Miami Contract Pricing -IFa NO: 391322 (19) The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic docume~ts to be converted. PROJECT SCOPE -All estimates are based on Information provided by the client • General Description Document Size: Up to 42" DocumentTypes: Document/Roll/Fiche Count: Image Count: Images Per Document: • Document Preparation: Current Storage Method: Condldon 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 • • • • 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 Brielease MCCi Pick UP 1 Shipment Documents will be named by In/ormation found on the document and indexed from provided excel database Quoted pricing 15 dependent on excel database being used for indexing MCCi will schedule pickups of the records at an additional cost of $lD/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 Indudts Mea service hours for Project Management. Remote Import Assistance and Paper Document Recycling Large Format @ $l.S12/image Prlci", listed In IFB NO: 391322 (19) are broken down to MNot to Exceed" rates. The rates are detelled below (can be referenced on page 53 of the awarded bld response document) and show. per imale lower die "Not to Exceed" rates In the contract. PAYMENT" BIWNG TERMS Mea will Invoice project on a monthly schedule, based on dellverables (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. j I j , 1 J j I , I 1 j I i i j 1 1 J SCOPE OF SERVICES AND PROJEg PRIONG: City of Miami Contract Pridng -IFa NO: 391322 (19) The Client will furnish MeCi for its use In preparing the document imaging project all hardcopy /eiectronic documents to be converted. . PROJEa SCOPE -All estimates are based on information provided by the client • General Description Document Size: Document Types: Document Count: Image Count: Images Per Document: e 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: Up to 11"x1711 Internal Affairs cases & Backgrounds Approximately 250 IA & 175 Backgrounds Approximately 41,400 IA 8< 17,600 Backgrounds (59,000 total) Approximately 16S/Document IA 8< loo/Document Backgrounds Normal prep, no re-prep 2 36"Lateral Cabinets, 12 Banker Boxes & 10 Accordion files Good Condition 300 DPI, Black & White Up to 1 Field (file#) Up to 1 Set per trip Laserfiche Briefcase Shipping 8< Delivery Terms: Meei PickUP 1 Shipment • Special Notes • Documents will be named by /ile number on /ile tab • Client can provide excel index for QA • All above are estimates, adual 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 inc/uded in this scope • Meei 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 MeCI service hours jor Project Management. Paper Document Destruction Remote Import Assistance and Plck·Up as detailed In the notes above Regular Forma~: $.162/image Prfcinc listed In IFa NO: 391322(19) .re 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 imale PAYMEIlIT .. BlWNG TERMS MCCi will invoIce project on a monthly schedule, based on deliverableslvla Electronic media or the Internet). Payment Is due upon receipt of an invoice. MCCI~a Urnlted Uabifity Company and subs'ld'lary of MUNICIPAL CODE CORPORATION, which is duly organized and existing under the laws of the State of Florida, hereinafter referred to as MeCl, hereby offers the laserflche Software & Services to the CITY OF SOUTH MIAMI, FI., a corporation duly organized and existing under state law, hereinafter referred to as the Client, according to the following terms and conditions. . MCO OOQJMENT SERVICES,-INDEXING SERVICES, Once MCCi has received your documents, the following process will occur according to the terms laid out In Mea's pricing proposal and may vary according to services selected. CONSULTAnoN. A Consultation wllf be scheduled via a telephone canference after receipt of signed contract. This consultation Is designed to 00 over the following: the signed contract and terms, folder structure, OJrrent searching methods, docume"t naming $Cheme, document preparation requirements.. and document shipment and/or pIck up. DOCUMENT PREPARATION. 'fvou decide to send paper documents to Meet, the process of document preparation begins with removlnB any materials that mav prohibit the dOc:umentfrom being fed throush the scanner (I.e. Removal of documents from flle fokiers, Removal of staples, paperclips, tape, dips, etc) and is described as Document preparation. Upon completion of scanning, MCCI wm organIze the documents Into their orlJfnal order ~ received from the alent but not placed back Into their file folders or reprepped unless spedficallV stated otherwise In the project scope, DOCUMENT ORGANIlATION a INlWUNG. Based on the scope of the project and outcome of your consultation, Mea will organize and index your documents. Each project wHl have its own required organization and Inde~ng requirements. Our project management team will work with lite Clienttoklenttfy those requirements. Prior to project Idckoffwe will send the alent example template cards and file-- tree structure for their approval. Or, if the alent alreadv has existingLaserflche template cards created for a specIflc dorument sertes, ·they can send us that template via laserflche Briefcase, DOCUMENrQUALIlYCONTROI.. Mea ""rlonn. a thorough qualltycontrolprocess afterthejob has been completed. Steps are taken to ensure each dorument has been captured, the quality of the scanned Imilae is comparable to the origtnal, and all manual 'ndeld", errors have been corrected. MOO cannot be accountable for records not reflected in ortsinallnventory report as provided by Client Mea will correctonly those valid dism!pandes reported within 90 days afterdellverv of electroniC dati to Client. DOOJMtNT 5TORAGE. Mea's facilities contain serure rooms forhardcopv ""work in progress" docunlenfstorage. Mea will arranae for the return of hardcopv dOQlments to the dient after completion of scanning. If documents restde at Mea fadlities for a period'longer than 90 days afte, converted electronic data Is dellve,ed to dlent storaae charg .. wi" apply. DATA SIORAGE MeCIi. not responsible fo,malntalnlng a <opy of OIent data, with the e><ceptlon of Clients who COfltractually and on a recurrinc basis, utilize Mea's Online Document Hosting Servtces. Mea perlodlcaUy reviews and deletes dlent data from previous proj«ts. The timlns of the periodIc review and deletion of data Is _ MCCi's discretion. MCa recognizes that for records retention ind security' compliance, the alent may reCiUlre MCO to delete copies of It's data prior to MOO's process of deleting data; If 50, the a~ Is responsible far, making the request in writing' and for obtaining confirmation of data deletion. £NT£RPIUSE WIDE SCANNiNG SEIMCES. fn accordance with the terms and condltlons herein, Metl 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. Mea will consult with each department Interested In begfnnlna their own projeet to determine IndMdual scan"lng and Indexlns needs, MICRORLM a FICHE CONVERSION SERVIas. MCCI·offers electronic conversion services for microfilm, microfiche, and aperture cards. The Client will provide MOO wlth data to be converted to electronic format. MeCi will elCtract the Images contained on the film/fiche and migrate them to Laserflche 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 orlBlnal film. Meet Is not responsible for the accuracy of existinsimage quality, such as black borders, skewed Images, bhmy Images, non-legible Images, or other errors that are not controllable bv Mea. Unless otherwise spedfied In the project scope, Mee! wllllndex by the roll/card number or unique Identifier. WERFICHE SEAROt ENGINE MEOlA. If Induded In the Scope of Services, Mee! will Integrate the documents with the laserFiche Software to proYlde the Client with the most powerful Index retrieval searctl engine avallable wtth the foUowing features: intuitive browse window, index cards, and full teld: word search. Mee! will provide the Client with the appropriate media containing all documents scanned and Integrated with laserflc:he. QNUNE DOCUMENT H05nNG. MCe! will post the documents to the web for a minimal annual fee. MCCi provides the Client with a dlred: link which can then be linked 10 the Client's website for public access If desired. Oocum'ent 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 15 amended. PROJECTnMELINE. MeCi will complete and deliver the project within the predetermined project tlmeline as agreed upon with the Client. Should MeCI require additional time, the Client Will be notffled immedlatelv. DOCUMENT TRANSPORTATION. Tile dlent Is required to package all materfals per Mee,'s Instruction prior to delivery of materials to Meei facllltles. If the client chDoses to utilize Mea'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 tne tlma of updating or if additional trips are require.d due to the Client not having all the doaJments ready for pick up, additional charges willl:!e applied. If the client chooses to ship via a certified carrier, thedlent Incurs all shipping costs, PRiONG. Chare-es applv 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. BreaklnB the project Into smaller quantities will affect the volume pricing, and additional charges per Image may apply. A sample may be required prior to confirming large volume Job pricing. UNANlIClPATED DQCUMENTlVPES. SlZ£$. The prices quoted are made with the expectation that customer wRI property prepare and annotate materials for scannIng bureau use and that documents are consistent with the desaiption provided in the scope of seNfces. If documents are not as Initially represented, additional charges will appty. MeCi will call forauthorb:ation to proceed with the project. LASERFlCHE SYSTEM CUSTOMERS. Due to requirements by Laserffche systems regardinl the Importing of Images and indexing information, it is highly recommended that Clients who already have a l.s!erfiche system have their documents scanned using only Laserfiche software. This wl1I ensure that all associated indexing Information will be properly retained after the impOrting of Images into the laserflche system. MeCi has knOlollledge of the software versions, Indexing requirements, and compatll:Mllty Issues for each of our laserfiche system cHents. For these reasons, MOO should be conSidered as a Sole Source provider for scanning services. Additionally, Laserflche System CleRts are required to StJpply MeCi With a Laserfiche Briefcase of their current folderftemplate structure, prior to each scanning project f updates to existing projects. Mea aRTIRED PARTNERS. Mea maintains partnerships forthe purpose of addftlonal capiKity and flexibility In meeting dlent expectations. In lhe evenl partners are used for a project. lhe managemenl and support of the proJect I. handled directly by Mea. AGREEMENT EXTENDED TO OTItER GOVERNMENTAl UNITS.. Mea aarees to allow any other Government asencv to purchase items at the same terms, conditions and pricing as this contl"ict during the period of time that this contract 15 In effect. Minor changes In terms and concIftfons mav be negotiated by MOO and participating Government agencies. Any orders issued against tnls agreement shall be the sole responsibility of the Government agency pladngthe order. It Is understood that the Cflent 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 tne date of shipment of the completed product to the orgallizatlon. Thereafter, this agreement w"1 be automatically renewed from year to year, provided that either party may alter orcancel the terms of this agreement upon shcty (60) days' written notice. FOR~ MAJEURE. Neither party shall be liable for any delay or failure In performance due to causes beyond Its reasonable control. CUENT RNANCIAi. SOLVENCY/BANICRUJ7TCY. Mea may requtre pavment in advance for products and services in response-to learning of flnan~ solvency or bankruptcy issues. UMnED UABIUTY. In no event shall MCCl's totalliabiUty to the clIent exceed the project fees paId to Meel by the dient. PAYMENT" alWNG TERMS. MCCi will Invoice project on a month1v schedule, based on deiiverables (via ElectroniC media or the internet). Payment is due upon receipt of an invoice, MAR«£IlNG & REFERENCES Client agrees to allow MeCi to publish and publicize testimonials and case study infonnatlon pertalnlngto Meers work with the Client. This Informatlan, including the Client's organization name, logo, and contact information will be used in ali media tvpes . The terms ofthls agreement shall remain In force and effectfor a period of ninety (90) days from the date appearing below, unless accepted by the Client. Submitted by: Metl, a Limited Liability Company Date: November 11, 2016 By: (Signature) DonnyBarstow-President (Printed Name & rotle) Noted Items Accepted by: CRY OF SOUTH MIAMI, FL Date: By: (Signature) (Printed Name & Title) i 1 I I , " " " j .l ! 1 } 1 I 1 l I j j , j Government Not=to=Exceed Scanning 59 :i i .1 'I ~ J '; , ,; ! ) 60 ·co NT R ACT A 'WA'~ D Procurement 1Jepart:ment SECOND RENEWAL IFB NO.: 391322(19) DESCRIPTION: DOCUMENT MANAGEMENT SOFlWARE, HARDWARE AND SERVICES TERM OF CONTRACT: lWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS CONTRACT PERIOD: JUNE 16, 2014 THROUGH JUNE 15, 2016 FIRST RENEWAL: JUNE 16, 2016 THROUGH JUNE 15, 2017 SECOND RENEWAL: JUNE 16, 2017 THROUGH JUNE 15, 2018 COMMODITY CODE: 92045-00 ISECTION #1 -VENDORAWARD ISECTION #2 -AwARD/BACKGROUNDINF0RMA'nONiAPPLICABLE 6RDI~AtlCES/NOTES C.C. AWARD DAlj~;!i jl'" J~'Niii~:::~6;!~"!:";i:\:t,::'t]i":;~~~6ED AM'OUNT!:, \,?'I NIA RESOLUTION NO: .~ i :! 14:0215 ,', .' ,. INSI;JRANCEHEQUIRIjMENTS: YES ANNUAL CONTRk,CTAM0UNT: NIA ';\ PERFQRMA~CEBOND!'~ NIA ': ",,' . . .' ,', : ::: " ., " APRU,CABLI~ ORDIN,AN9ES: NIA Notes: SECOND R¢~~WAI.JUNE 16, 2017 Tt-lFl'qU,GH JUNE 15, 201~', ,."., '" ,,' ISECTION #3 -REQUESTING DEPARTMENT DEPARTMENT OF IN~b~MAT;()~if~C~N'o120~Y Contract Administrator: De?!~~.:R9t1rigu,~z Phone: (305)416-1659 ".' '", . ',;i:'_:;',,' . "; .. ,",::1'. ,._Ii ISECTION #4 -PROCURING AGENt')' 'I,:::: i>" . ''',' '" .. ',,,-;····-,··i;'::l:.······, .,' CITY OF MIAMI, PROCUREMENT DEPARTMENT Buyer: Tahlia Gray Phone: (305) 416-1912 Fax: (305) 400-5019 Prepared By: Aimee Gandarilia, 5116117 I" .: .. ,." ,',",; or, A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WE8PAGE AT: IJINNI.miamigov.com/procurement ment Not-to-Exceed 59 60