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3THE CITY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: FUND & ACCOUNT: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission December 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 for 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 over the 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. THE CITY OF 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 1 RESOLUTION NO: _____ _ 2 A Resolution authorizing the City Manager to enter into a contract with MCCI, 3 LLC. for the digitizing and transferring of documents to Laserfische for the City 4 Clerk's office. 5 WHEREAS, the City has implemented an electronic document system by 6 transferring various documents digitally to a Laserfische system; and 7 WHEREAS, Laserfische effectively stores and organizes documents that can be 8 easily accessed by City personnel and the public; and 9 10 WHEREAS, Laserfische eliminates the need to store documents thereby freeing 11 up valuable office space; and 12 13 WHEREAS, the City Clerk's office requires sensitive documents to be stored and 14 organized digitally; and 15 16 WHEREAS, the purchase for these services will be from MCCI, LLC., through a 17 piggyback onto the City of Miami Contract IFB No. 391322(19) which was renewed for a 18 term from June 16, 2017 through June 15, 2018. The piggybacking onto this contract was 19 previously authorized by City of South Miami Resolution 234-16-14789, dated December 20 6,2016 for other services. The new piggyback contract for the digitizing of the City Clerk's 21 documents is for an amount notto exceed $45,000 and charged to Account No. 001-1200- 22 512-3480. 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 24 THE CITY OF SOUTH MIAMI, FLORIDA; 25 Section 1. The City Manager is authorized to enter into a contract with MCCI, LLC., 26 that piggybacks onto MCCI, LLC's contract with the City of Miami, Contract IFB No. 27 391322(19), for the digitizing and transfer of documents to Laserfische for the City Clerk's 28 office. 29 Section 2. The City Manager is authorized to expend to MCCI, LLC. an amount not 30 to exceed $45,000 for fiscal year 2017-2018 and charged to Account No. 001-1200-512- 31 3480. 32 Section 3. The City Manager is authorized to expend to MCCI, LLC. in future fiscal 33 years, based on the commissions allocation for digitizing through the annual budget 34 process, and 35 Section 4. Severability. If any section, clause, sentence, or phrase of this 36 resolution is for any reason held invalid or unconstitutional by a court of competent 37 jurisdiction, this holding shall not affect the validity of the remaining portions of this 38 resolution. Page 1 of2 1 Section 5. Effective Date: This resolution shall take effect immediately upon 2 enactment. 3 4 5 6 7 8 9 PASSED AND ADOPTED this _ day of ____ , 2017 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION EXECUTION THEREOF CITY ATTORNEY Page 2 of2 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Edmond: RESOLUTION NO.: 81-12-:-13638 A Resolution authorizing the 'city manager to purchase Laserfiche Software for a total expenditure associated with this project of $47,130.96 from account numbers 001-1340-513-4634 Maintenance-internet services and 001- 1340 513-5205 Computer Equipment. WHEREAS, the City's MIS Office -International Data Consultants, Inc (IDC) is tasked with working towards a paperless environment; and . WHEREAS, the City of South Miami needs assistance in achieving this task which will requite the expertise of the MIS Office, International Data Consultants (IDC) who can help implement and carry out this important task; and WHEREAS, to achieve this task, the City will purchase the Laserfiche Software. By purchasing this software the city will accomplish various important tasks, it will provide staff a powerful way to best work and be a mote efficient and informed team. It will provide the City the foundation for a paperless environment. Additionally, it will provide both the administrative and support staff training to utilize the software and its tools: and WHEREAS, the City desires to purchase these Licenses from the State of Texas Department of Information Resources contract through MCCI (Municipal Code Corporation) for a total arIl:ount oU 47,130.96. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH l\1IAMl, 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 balance of $ 18,930.75 and account number 001-1340-513-5205 Computer Equipment with a current balance of $ 41,953.67. Section 2 Commission. This resolution shall be effective immediateiy upon being approved by a vote of the City Passed and Adopted thisiLday of April. 2012. Attest: (JcG~ Approved: ¥;t:!U:UJ I<1ayo Commission Vote: 5-0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea CommissionerNewman: Yea Commissioner Harris: Yea Commissioner Welsh: 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 not to 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 ADQPTED this 6 t hday of December, 2016 ATTEST: APPROVED: Ok-GJ~ CITYClERKY MAYOR COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea Page 2 of2 (,j) South'Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER"()FFICE MEMORANDUM THE CllY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: FUND & ACCOUNT: The Honorable Mayor & Members of the City Commission December 6, 2016 . Agenda Item No.: ~ Steven Alexander, City Manager A Resolution authorizing the City Manager to enter into a multi-year contract with MCCI, LLC. by piggybacking off of its contract with the City of Miami. . In 2012, via resolution 81-12-13638, the City has implemented an electronic document storage system, Laserfiche, with the intent of transferring various hard copy documents to a digital platform. Laserfische effectively stores and organizes documents that can easily be accessed by City personnel. Hard copy storage of documents takes up valuable City office space, however, laserfiche alleviates the burden of storage and digital documents are easily located and printed, if necessary, from individual desktop personal computers. The City has been transferring documents to Laserfische over the past few budget cycles to minimize the overall financial impact in a single fiscal year. Moreover, the .City is looking to take advantage of City of Miami's existing contract which provides the City of South Miami with the benefit of Miami's economy of scale which would provide the City of South Miami with a lower cost per scan. The City of Miami contract will allow the City to scan additional documents into the existing laserfische system. The City of South Miami is proposing to use MCCI, llC through a piggyback agreement from the City of Miami. The City Miami Contract is a multi-year agreement expiring June, 2019, pending renewals. Furthermore, the City is requesting funds, not to exceed $45,000, for fiscal year 2017 and will use this piggyback agreement during the budget process for future fiscal years digitizing requirements. The City of Miami Contract "Pricing Matrix" is broken down based on the number of scans being created; the greater the number of scans, the lesser cost per scan. The proposed rates are included with the attached piggyback agreement. The total expenditure shall be charged to the City Clerk's Digitizing Account, account number 001-1200-512-3480, which has a balance of $45,000 before this request was made. ~ South'Miami THi: CITY OF PLEASANT .LlVING A1TACHMENTS: 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: togan Di liello ANNING ffi¥i§222 m LUTION Issued: November 16, 2017 CCi SCANNING SOLUTION SCOPE OF SERVICES AND PROJECT PRICING-City of Miami Contract Pricing -IFB NO: 391322 .wn The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic documents to be converted. PROJECT SCOPE -All estimates are based on information provided by the client and are only estimates based on the Not to Exceed dollar amount. MCCi will only scan the volume that reaches the Not to Exceed. .. General Description Document Size: Document Types: Fiche Count: Image Count: Images per Document: o 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: I> 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 o 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 $4~OOO. Once reache~ MeCi 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 Client, according to the following terms and conditions. MCCI DOCUMENT SERVICES -INDEXING SERVICES. Once MCCi has received your documents, the following process will occur according to the terms laid out in MCCi's pricing proposal and may vary according to services selected. CONSULTATION. A Consultation will be scheduled via a telephone conference after receipt of signed contract. This consultation is designed to go over the following: the signed contract and terms, folder structure, current searching methods, document naming scheme, document preparation requirements, and document shipment and/or pick up. DOCUMENT PREPARATION. If you decide to send paper documents to MCCi, the process of document preparation begins with removing any materials that may prohibit the document from being fed through the scanner (i.e. Removal of documents from file folders, Removal of staples, paperclips, tape, clips, etc) and is described as Document Preparation. Upon completion of scanning, MCCi will organize the documents into their original order as received from the Client but not placed back into their file folders or reprepped unless specifically stated otherwise in the project scope. DOCUMENT ORGANIZATION & INDEXING. Based on the scope of the project and outcome of your consultation, MCCi will organize and index your documents. Each project will have its own required organization and indexing requirements. Our project management team will work with the Client to identify those requirements. Prior to project kickoff we will send the Client example template cards and file-tree structure for their approval. Or, if the Client already has existing Laserfiche template cards created for a specific document series, they can send us that te~plate via Laserfiche Briefcase. DOCUMENT QUALITY CONTROL. MCCi performs a thorough quality control process after the job has been completed. Steps are taken to ensure each document has been captured, the quality of the scanned image is comparable to the original, and all manual indexing errors have been corrected. MCCi cannot be accountable for records not reflected in original inventory report as provided by Client. MCCi will correct only those valid discrepancies reported within 90 days after delivery of electronic data to Client. DOCUMENT STORAGE. MCCi's facilities contain secure rooms for hardcopy "work in progress" document storage. MCCi will arrange for the return of hardcopy documents to the client after completion of scanning. If documents reside at MCCi facilities for a period longer than 90 days after converted electronic data is delivered to client storage charges will apply. DATA STORAGE MCCi is not responsible for maintaining a copy of Client data, with the exception of Clients who contractually and on a recurring basis, utilize MCCi's Online Document Hosting Services. MCCi periodically reviews and deletes client data from previous projects. The timing of the periodic review and deletion of data is at MCCi's discretion. MCCi recognizes that for records retention and security compliance, the Client may require MCCi to delete copies of it's data prior to MCCi's process of deleting data; If so, the Client is responsible for making the request in writing and for obtaining confirmation of data deletion. ENTERPRISE WIDE SCANNING SERVICES. In accordance with the terms and conditions herein, MCCi can provide any department in the organization with scanning services for documents other than those described in this priCing proposal. All costs are volume based and can be provided upon request. MCCi will consult with each department interested in beginning their own project to determine individual scanning and indexing needs. MICROFILM & FICHE CONVERSION SERVICES. MCCi offers electronic conversion services for microfilm, microfiche, and aperture cards. The Client will provide MCCi with data to be converted to electronic format. MCCi will extract the images contained on the film/fiche and migrate them to Laserfiche or to another industry standard format as requested by the Client. The images will be captured based upon the reduction ratio and threshold between the beginning and ending of new images on the original film. MCCi is not responsible for the accuracy of existing image quality, such as black borders, skewed images, blurry images, non-legible images, or other errors that are not controllable by MCCi. Unless otherwise specified in the project scope, MCCi will index by the roll/card number or unique identifier. LASERFICHE SEARCH ENGINE MEDIA. If included in the Scope of Services, MCCi will integrate the documents with the LaserFiche Software to provide the Client with the most powerful index retrieval search engine available with the following features: intuitive browse window, index cards, and full text word search. MCCi will provide the Client with the appropriate media containing all documents scanned and integrated with Laserfiche. ONLINE DOCUMENT HOSTING. MCCi will post the documents to the web for a minimal annual fee. MCCi provides the Client with a direct link which can then be linked to the Client's website for public access if desired. Document storage cost is determined upon actual image count. All documents on the site are integrated with a search engine, and updates are incorporated as the database is amended. PROJECT TIMELINE. MCCi will complete and deliver the project within the predetermined project timeline as agreed upon with the Client. Should MCCi require additional time, the Client will be notified immediately. DOCUMENT TRANSPORTATION. The client is required to package all materials per MCCi's instruction prior to delivery of materials to MCCi facilities. If the client chooses to utilize MCCi's pick up and delivery service (offered in select states), priCing is based on picking up the entire project described in the scope of services in one shipment. At the time of updating or if additional trips are required due to the Client not having all the documents ready for pick up, additional charges will be applied. If the client chooses to ship via a certified carrier, the client incurs all shipping costs. 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 Limited Liability Company Date: November 16, 2017 By: (Signature) (Printed Name & Title) Noted Items Accepted by: CITY OF SOUTH MIAMI, FL Date: By: (Signatu re) (Printed Name & Title) MCCi I Page 7 of 7 \ i \ I . CONTRACT FOR DOCUMENT MANAGEMENT SOFTWARE, HARDWARE & SERVICES THIS AGREEMENT made and entered into this .!:L day of 2kcpmbir, 20 Lbby and between the City of South Miami, a Florida municipal Corporation by and through its City Manager (hereinafter referred to as "City") and MCCt LLC., (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the "The City of Miami" solicited bids, pursuant to IFB# 391322. for Document Management Software. Hardware & Services; and WHEREAS, the "The City of Miami." after completing a competitive bidding process, awarded a contract to Contractor, and WHEREAS, the City of South Miami desires to utilize the "The City of Miami" Contract and pursuant to authority of the City of South Miami's Charter. NOW, THEREFORE, the City and the Contractor, each through their authorized representativelomcia~ agree as follows: I. 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 Contrad 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), tenns and conditions as found in the solicitation documents and the response to the solicitation, pertinent copies of which are attached hereto as Attaebment 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 Contrad 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 "Tbe City of Miami" and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions that are to be made on behalf of the "The City of Miami. " as set forth in the "The City of Miami" pursuant IFB #391322 and Contrad No. 391322 (19), 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 shall not exceed five years. Notwithstanding anything contained in the IFB #391322 and Contrad 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 shan be in Miami-Dade County. Florida. 4. Scope of Goods and Services. The scope of goods and services are set forth Thomas F. Pepe-OI-II-16 Page 1 of5 in the attached Attachment A. 5. Contract Price. The contract price for the good and services is set forth in the attached Attachment B. lfnot otherwise set forth in the "The City of Miami" Agreement/Contract, the Contractor shall be paid upon delivery of all the goods, the completion of all the services and after final inspection by the City that approves of the goods delivered and the work performed. 6. Grant Funding: This project is being funded N/A and Contractor agrees to comply with all the requirements of that Grant, applicable to the delivery of the goods and services that are the subject of this Agreement, and that are within its power to provide and to provide all the documentation within its control that is required for the City to be able to recover the contract price pursuant to the tenns of the grant. A copy of the grant is attached hereto and made a part hereofby reference. 7) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, under such conditions, shaJl incorporate this paragraph in all of its subcontracts for this Project and. shall: (a) Keep and maintain public records required by the public agency to perfODn 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 CON'fRACTOR transfers all public records to the public agency upon completion of the Contract, CON1RACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all· applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a fonnat that is compatible with the infonnation technology systems of the public agency. IF CONTRACTOR BAS QUESTIONS REGARDING TQE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACf THE CUSTODIAN 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 perfonnance of the Work Thomas F. Pepe-OI-1l-16 Page 2 ofS 2 thereunder. 9, Validity of Exeeuted Copies: This agreement may be executed in several counterparts,' each of which may be construed as an original. 10. Attorneys' Fees and Costs: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. 11. SeverabiUty: If any tenn or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such tenn or provision to persons or circumstances other than those to which it is held invalid or unenforceable. shall not be affected thereby and each tenn and provision of this Agreement shall be valid and enforceable to the fullest extent pennitted by law. IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives of the parties hereto have caused this instrument to be signed in their respective names by their proper officials on or before the day and year first above written. MeeK, L~: fJ. By: J-, ~ Donny Barstow -President (type name and title ofsignatory above) Read and Approved as to Fonn, Language, Legality and Execution Thereof. By: ___ ~&2~::/~ Thomas F. Pepe City Attorney Thomas F. Pepe-OI-1l-16 ~ By:: . -steVeIlAICX8Ii City Manager Page 3 of5 3 ATTACHMENT A CONTRACT FOR DOCUMENT MANAGEMENT SOlFTW ARE, HARDWARE & SERVICES CITY OF MIAMi CONTRACT NO. 391322 (19) Thomas F. Pepe-OI-I1-16 Page40fS 4 TO: FROM: CITY OF MI~MI, FLORIDA IItfiER~OffUCE MEMORANDUM ALL DEPARTMENT DIRECTORS AND CONTRACT LIAISONS Pablo Velez, Interim Director Procurement DepanmBent DATE: SUBJECT: REFERENCES: ENCLOSURES: July 14,2014 FILE : Document Management Software, Hardware and Services IFB No. 391322 Please find enclosed a copy of the approved term contract for Document Management Software, Hardware and Services. This contract has been established for the Department of Infomation 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 becoine familiar with its prices, terms and conditions, and items awarded. If any department is unable to locate a particular item on the contract, please contact the appropriate Buyer for assistance. No other goods or services can be purchased under this agreement except those specified in the contract. When requesting this commodity or service, the IFB No., Resolution No. and the corresponding catalog item numbers must be cited in the requisition. . It shall be the responsibility of the using department to properly administer the contract to ensure that the contractor and the City perform all contractual obligations. In the ·execution of this responsibility, departments should monitor vendor performance, inspect goods at time of delivery, and check for accuracy in bilJing. Should any using department experience any difficulties with the contractor, please document the matter and immediately advise Tahlia Gray, Procurement Specialist, at (305) 416-1912 for assistance. 5 QI till of ~htm:i CONTRACT AWARD Procurement Department· FIRST RENEWAL IFBNO.: 391322(19) DESCRIPTION: DOCUMENT MANAGEMENT SOFlWARE, HARDWARE AND ~RM OF CONTRACT: CONTRACT PERIOD: RENEWAL PERIOD: COMMODITY CODE: ISECTION #1 -VENDOR AWARD MCCI,LLC 1700 Capilal Circle SW Tallahassee, FL 32310 Contact Donny Barstow Phone: (800) 342-2633 Fax: (850) 701-0715 email: dwb@mccinnovaitons.com SERVICES . lWO (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 #2 -AWARDJBACKGROUND INFORMATIONIAPPUCABLE ORDINANCESINOTES . C.C. AWARD DATE: JUNE 12,2014 AMENDED AMOUNT: NlA RESOLUTION NO: 14-0215 INSURANCE REQUIREMENTS: YES ANNUAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: NfA APPUCABLE ORDINANCES: NfA Notes: Funds allocalad from the varioua 80Urces of funds from the user departments and agencies, subject to availability of funds and budgetary approval at the time of need. The contract has been renewed for the Period of June 16, 2016 through June 15, 2017. ISECTION #3 -REQUESTING DEPARTMENT INFORMATION TECHNOLOGY Contract Administrator: Stuart Henry Phone: (305) 416-1566 ISECTION #4 -PROCURING AGENCY CITY OF MIAMI, PROCUREMENT DEPARTMENT Buyer: Pearl Bethel Phone: (305) 416-1949 Fa~: (305)41~1925 Prepared By: Max sagesse,5127/2016 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: www.miamjgov.com/procurement Initial ([itll of~iami CONTRACT AWARD Procurement ~t IFBNO.: DESCRIPTION: CONTRACT PERIOD: TERM OF CONTRACT: COMMODITY CODE: . ISECDON t1-VENDOR AWARD IIICCI, LLC 1700 Capital Circle SW Tallahassee, FL 32310 Contact: Donny Barstow Phope: (BOO) 342-2633 Fax: (850) 701-0715 email: dwb@mcc!nnovaitons.com . 391322(19) DOCUMENT MANAGEMENT SOFTWARE, HARDWARE AND SERVICES JUNE 16, 2014 THROUGH JUNE 16,2016 lWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS 920 ISECTION f2 -AWARD!BACKGBouND INFORMATIONIAPPUCABLE oRDiNANCESINOTES C.C. AWARD DATE: JUNE 12, 2014 AMENDED AMOUNT: NJA RESOLUTION NO: 14-0216 INsURANCE REQUIREMENTS: YES ANNUAL CONTRACT AMOUNT: NJA PERFORMANCE BOND: NJA NoCa: FUnds aIIoc:IIIedfrom the varloussoun:es APPUCABLE ORDINANCES: NIA of funds from the user departments and agencles,aubject to availability of funds and budgetary approval at the time of need. .. ·ISEcnON #3-REQUESDNG DEPARJIIENT RISK MANAGEMENT Contract Administrator: L~nya Johnson Phone: (305) 416-1659 \SEcnON #4-PROCURING AGENCY CITY OF MIAMI, PURCHASING DEPARTMENT Buyer: Tahlla Gray Phone: (305) 416-1912 Fax: (305) 416-1925 Prepared By: Aimee Gandarilla, 7/14/14 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: www.miamiQov.comfprocurement 6 TABULATION IF. 391322· DOCUMENT MANAGEMENT SOFTWARE, HARDWARE, AND SERVICES lID UNE ITEM REM I1-1'111ant11p IIfsaIunt, ott ManufadUrar Published Price Ustor catalas. for the pun:II8Ia of Laserftcbe Pnlducts end5enlcas LDset/IdIe Products and SerII1t:a O/fr!red shall Indude: Unfcect A-tct, RIO, and LaRrjfdle StJftwrneAssunrnQ! Plfln (£SAP} Bask find PremIum. RiM" Z-Percentap l;IiICIDUIIt, ott Manufacturer Published Price lilt or tatatos. filrtbe·purdlue of Fujitsu Scanner PnldudsandServlclls Fujitsu SamnerPrDducts tmd 5etvIces a/fered shaH IndutIe: Setmners, MlIIntl!lUlnQt. Sf!nIt~ ~rmd5oftwore RiM.3 -PenIentap DIsatunt, off ManuIacbarer Published Price lilt or c8taIClfp fer the ~ of Contu5c8nner·ProduI:tIancl Servrces C'rmtex stDnller Products tlf/d Selvlces oIfcred slltIII fll't:/Uft: Scrmnen, ~,~Aa:&uorles.flmJ Software. ITEM. 4 -PeI'aIIIta&e 1IIscDunt" 011' Manufacitvrer PublIshed PIfce list or Cltelor. forlh..;purchaseof ICofax SoftwIII'II PnHlUCIS and SelVlteI created II¢ Yusbel G~1ez, CPP8 4/2312014 THE DRS GROUP OF FLORIDA, INC." (NON-LOCAL' PERCIN1'AGE DISCOUNT I i • j 0 I N I I I I 2mt. R IE -s , & III S v *' ! I I , I 1,F2 M",*UC ilia. ____ I' PIRCIN1'ME DISCOUNT ProcIuctc 6.75" on Laserfiche Product tsAP: 2m& on LaI8l'lldle SoftweareAssurance Plan. Discount requlrenctlveSLA with MCCI. NO liD N081D NO BID INFORMA1ION CONSULTANtS,INC. fLOCAUt PERCENTAGUISCOUNT (In~ddltio~-;;;;;;::::"OUnted ~es I offered in catalogl I j N I I LasetfichOvante: 5" ! I Laserfiche UnttlA: Non Indicated i I ! i 09£ I cPj'iShed Prices Indle best prices Offe~) IE! I ! --~ --1 P . i NeR'D N 5 V NchlD .-_ .. _--.. __ ........... ----. -.. --.... ._-_ ..... -.. -. .-. __ . ------------------ TABULA nON IFB 39UZ2 -DOCUMENT MANAGEMENT SOFTWARE, HARDWARE, AND SERVICES Created by: YUsbel Gonzalez, CPPB 4(1312014 .. Deemed non-responslve per SectIon 1.28 of !the IFI. failed to meet the requlramenu of formal solicitation under SectIon 2.7'(3) and 5ec.tbn 2.9. Attlme of bid, Bldderhld'Ollly completed one (1) munldpillty-wlde Instal~tIon In the State ofRorfda. ThelFa required that a Bidder have completed at IIIISt two (2l. Bidder also faIled to Include manufacturer pr1ce lists that clearly showed the date of issUince and effiIctIve cIate. Furthermore. BIdder faDed to Include documentatlorl conllrmins that It Is either a manufiltturer or manufacturer/dlsttlbutor authorized reseller/dealer/servfce provider of the product brands shown In Une 2, 3, and 4 of the 1F8. 2ifl ------------------------.. -. __ ._-----_.-- Mc:a,w: INFORMAnON CONSULTANTS. INC. :lOCAL)t t.Deemed non-re5pOIISlve per 5ection 1.28 of thelFa. Bidder Failed to fol/owtfte requirements of the formal solicitation under Sealan 2.9- Dl5CDllnt fterr:entzlgetmd Published Price Ust. Bidder failed to li.dlcate the pen:entage discount .for the LaserIIche, Unlb!d product and further faDed to Include the manufacturer published price list for Llserfiche United products. Bidder also failed to Indicate. pertentage dIscount off rnanufltturer suuested published prICe list or c:ataJol for the purchase of Fujitsu Sc:iMer Praclucts and SeMces. Approvedby: C!.ou,d C2.Cg r- Department DIrector/Desi.- TABULATION -CONTINUED IFB 391322 -DOCUMENT MANAGEMENT SORWARE, HARDWARE, AND SERVIcES BAlANCE OF LINE (PER SECTION 2.10 OF THE BFB) MCCi* (NON-LOCAL) SERVICE PERCENTAGE DISCOUNT SetuP services (per hour' 109& Tralnlftl5ervlC81 (per hour) 109& Devetopment(~) Serv1cu (per hour) 10K CustomIzed LuerfIche services, such as are currently emplowed for autamated bulk Importantfon and .. tomated IiSl-5L Retention 5chedulInB 10K (per hour) . MCXIlntesration IIetween luerfIche and ..... r CGranJca·s ..... 1atIve Only available thTOlJlh MCClas LF VAR Ma SUIte MCCII lle&w ... t ...... and Munlcocle Only available thrvuatt MCCl8$ LF VAR Aa:ass to "TraInIna Centerfar LaserfIche-• Created and Maintained by MClCI Upon Relnstantement: No charp for 1st year of subscription 1st Year f1I ManapdSenlces (Up to 10 Hours) Upon Relnstantement: No ellarp for 1st year of LSAP ranewal Dlsc:lMlton ScIIftnIn8 Sa,.. (AssumIna MIamlIlealmes an Mea aa-t1c:he CIIIntI SpecIal Government PrldrII-Please see attached ItQarIIfaIion .. cafor .......... ofUne PnIducIsandSenlbl: I • All MCCI ServIces are elWble for the 11* discount off MSRP • All Mea Products (with the a:eptlon of ,he Laserflche/l.ear ind Munlcode/l.eslstar Il'ItI!IPtJons) are~ for the 6.75% discount off MSRP. 11I1s was the same pen:enta&e offered on LaserfIche software. SUpport for Mea pnlducts Is offefed at the same 1'* discount as Is I.aserfIche support, as lema as the CIty has an active Mea SLA. o All Third Party JIroduc:tsand SUpport are available for purchase at the prices noted In MCO's orf&1nal reSponse. o The GranJcus Suite Subsa1ptlons have the 3" discount 8$ noted In Mea's original submission. Created by: yusbel G~nzalez, CPPB 4/23/2014 10F2 I I I I I TABULATION -CONTINUED IFB 391322 -DOCUMENT MANAGEMENT SOFTWARE, HARDWARE, AND SERVices BALANCE OF UNE (PER SECTION 2.10 OF THE BFB) INFORMATION CONSULTANTS, INC.(LOCAL) ---, ,----- SERVICE PERCENTAGE DISCOUNT Setup Servlces (per hourI 14" Trafnlng 5ervIces (per hour) 14" Development ,Integration) ~ (per hourJ 1476 CUstomlzedLaserflcbeSel'Vlces,SU~e~.N automated bulk /mportantlan and fft SIVE 1496 !<Perhourl PUBUSHED LABOR RATES Base Rate· $145 Option "1-$125 for 100 hrs Optlon"2· $110 for l00+hrs nr..tln" Jl ~ _ I+hm i DeanIed nar ... aspansIve per 5ectIan L28 of the IF&. BIdder failed tofO/Iow the requirements of the formal solicitation under section 2.9 -D/scaunt PelantlCe end Pu ...... PrIce'lIIt. Bidder failed to IndiaDte the pen:8IIbIp d1IcDunt for the LaIerfIc:he United product and further faIId to Include ilia manufaclurer publllhecl prfce list for l.IIetfIcke UnItIad pracIIa:ts. 8IdcIer lIIIO fIIIIed to IndfcaIa a percenlalll dIscaunt off 1'IIaftIIfacIur ........ published price list or cataIoI far the purcIIMe ofFu)ltsu Scanner ".,.... and SeAkes. I I THE DRS GROUP OF FLORIDA, ONe. (NON-LOCAL) I SERVICE PERCENTAGE DISCOUNT Setup 5erwIces ( "-$180.00 PER HOUR T ..... Servlces (per hour) $180.00 PER HOUR I DavaIopment (In\eII'8dOn) Services (per flow) $180.00 PER HOUR CustomIzed LaserfJcheservk:as, su~ J~ 51VE automa\1ld bulclmportaDtton and Rw __ • $180.00 PER HOUR (per hoUr) II~"--nt MaIntenenr.e (per hour) $150.00 PER HOUR CD I I i -j. Deemed nonoresponsIve per SectJOn 1.28 of ..... FB. FaIled to meet the requirements of formal soI/dtatIOn under section 2.7 ts) and SectIon 2.9. At time of bid, BIdder hid only completed en (1) munldpaltty.wfde InstIBation In the State of FIarIdI. 11Ie IF8 required ttIat. 8Jdder have completed at least two (2). BIdder aIsofalJed to Inducle manufaCtUrer price /Ists tIIat clearly showad the date of IsIuance and effective date. Furthermore, BIdder failed to Induda documentation conf1nn1. that It Is either I manufacturer or manufacturer/dIsIrIIIutDr authorized reseller/deaIer/service _dar of the product brands shown In !-Ina 2, 3, and 4 of the IFB. I ,Approved by: ~Il<i c.. ~ Department Dlrector/Destgnee Created by: Yusbel Gonzalez, CPPB 4/23/2014 20F2 IFB Nwnber: Title: Issue DateJ1'ime: IFB Closing Datetrime: . Pre-Bid Conference: Pre-Bid DateJTime: Pre-Bid Location: City of Miami Invitation fo," Bid (IFB) Pun:haslng Department Miami Riverside Center 444 'i1tN 2M Avenue, 61It Floor Miami, Florida 33130 Web SHe Address: htIp:llcl.miamI.f1.uslproc:urement 391322,1 Invitation for Bid for Document Management Software, Hardware, and Serviees 1l1-DEC-2013 01/1412014 @ 11:00:00 Deadliae for Request for Ciarifieation: Tuesday, December 24, 2013 at 5:00 PM Gonzalez, Yusbel Buyer: Hard Copy Submittal Loeation: Buyer E-Mail Address: Buyer Faesimile: City of Miami -City Clerk 3500 Pan Ameriean Drive Miami FL 33133 us YGonzalez@miamigov.com (305)400-5104 .. Page 1 of37 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary docwnents, and propose to furnish and deliver, 11'.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 violations, or debarred or suspended as set in section 18·107 or Ordinance No. 12271. All exceptions to this submission have been docwnented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm. or pe~n submitting a submission for the same materials, supplies, equipment. or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that 1 am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLffiRNANffi: ____________________________________ ..... ADDRESS: ..... ________________________________________ .... PHONE: ..... ___________________ FAX: _______ .......... ___________ _ EMAIL: ..... _______________ BEEPER: ____________ _ SIGNED BY: ______________________________ _ TITLE: ________________ DATE: ______________ _ FAILURE TO COMPLETE. SIGN. AND RETUBN THIS FORM SHALL DlSQIlALIFY THIS BID. 12 Page 2 of37 Certifications Legal Name of Finn: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami-Dade County, or Other Office Address, including Cit;y, State, and Zip Code: Full Name of Bidder's Representative, including Telephone Number, Fax Number, and Email Address: Occupational License I Business Tax Receipt Number: Occupational License I Business Tax Issuing Agency: Occupational License / Business Tax Expiration Date: Please list and acknowledge all addendum/addenda receiVed. List the addendum/addenda number and date of receipt (i.e. Addendum No.1, 7/1107). [fno addendum/addenda was/were issued, please insert N/A. Reference No.1: Name oCCompany/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. I: Address, City, State, and Zip for above reference company/agency listed: Reference No. ): Name of Contact Person, Telephone Number, and E-mail Address for above reference no. 1 83 Page 3 of37 ! \ , i ! I I i ! I I, i i Reference No.1: Date of Contract or Sale for above reference no. 1 Reference No.2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No.2: Address, City, State, and Zip for above reference company/agency listed: Reference No.2: Name of Contact Person, Telephone Number, and E-mail Address for above reference no. 2 ' Reference No. ~: Date of Contract or Sale for above reference no. 2 Reference No.3: NameofCompany/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No.3: Address, City, State, and Zip for above reference company/agency listed: Reference No.3: Name of Contact Person, Telephone Number, and E-mail Address for above reference no. 3 Reference No.3: Date of Contract or Sale for above reference no. 3 Have you completely filled out and included with your bid response 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 OracleliSupplier Sourcing system) Have you included with your bid response the documentationlinfonnation 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 IFB, in the Oracle Sourcing system) 14 Page 4 of37 If Bidder has a Local Office, as defined under Chapter 18/ Articlle UI, 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 ("iSuppJiertl), under the Header/Notes and Attachments Section of this solicitation) 15 Page 5 of37 Line: 1 Description: BIDDERS ARE NOT REQUIRED TO ENTER A UNIT PRICE IN THIS LINE. BIDDERS SHALL SUBMIT mEIR BID PRICES UTILIZING ATTACHMENT A -BID PRICE SHEET, LOCATED UNDER THE HEADERINOTES AND ATI'ACHMENTS SECTION OF TmS SOLICITATION IN THE ORACLEliSUPPLiER SOURCING SYSTEM. Category: 92045-00 Unit of Measure: Each Unit Price: $, ___ _ Number of Units: Total: $ ___ _ 16 Page 6 of37 Invitation for Bid (IFB) 391322,1 Table ofContenfs Tenns and Conditions ..................................................................................................................................................... .8 1. General Conditions ............................................................................................................................................ 8 1.1. GENERAL TERMS AND CONDITIONS ............................................................................................. 8 2. Special Conditions .......................................................................................................................................... .28 2.I.PURPOSE ............................................................................................................................................. 28 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATIONlCLARlFICA TION .......................................................................................................... 28 2.3. TERM OF OON1RACf ....................................................................................................................... 28 2.4. OONDmONS FOR RENEWAL ......................................................................................................... 28 2.5. NON-APPROPRIATION OF FUNDS ................................................................................................. 28 2.6. ME1lIOD OF AW ARD ....................................................................................................................... 28 2.7. BmDERS MINIMUM QUALIFICA TIONS ....................................................................................... 29 2.8. DELIVERY .......................................................................................................................................... .29 2.9. DISCOUNT PERCENTAGE AND PUBLISHED PRICE LISTS ....................................................... 30 2.10. BALANCE OF LINE ..................................................................................................................... _ .. 30 2.11. FAILURE TO PERFORM .................................................................................................................. 30 2.12. INSURANCE REQUIREMENTS ...................................................................................................... 31 2.13. ME1HOD OF PAYMENT ................................................................................................................. 32 2.14. PACKING SLIPIDELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY .......... 33 2.15. RESPONSE 11MB .............................................................................................................................. 33 2.16. ADDmONIDELETIONOF lTEMSJPRODUCfSlSERVlCBS ....................................................... 33 2.17. CONTRACT ADMINISTRATOR ..................................................................................................... 33 2.1S. TIEBmS ............................................................................................................................................ 33 2.19.LIQUIDATEDDAMAGES ............................................................................................................... 34 2.20. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS .............................. 34 2.21. WARRANTY ..................................................................................................................................... 34 2.22. REFERENCES ................................................................................................................................... 34 2.23. SPECIFICATION EXCEPTIONS ................................................................ J ..................................... 35 2.24. MAINTENANCE OF SCANNERS ........... : ....................................................................................... 35 2.25. TERMINATION ................................................................................................................................. 35 2.26. ADDmONAL TERMS AND CONDITIONS .................................................................................. 35 2.27. PRIMARY CLIENT (FIRST PRIORITY) ......................................................................................... 36 3. Specifications .......................................................................... ~ ....................................................................... 37 3.1. SPECIFICA nONS/SCOPE OF WORK .............................................................................................. 37 Page 7 of37 17 Invitation for Bid (IFB) 391322,1 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Tenns and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost ofS2S,OOO.OO or more. Definition: A fonnal solicitation is defined as issuance ofan Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT -Any good(s) or equipment delivered under this fonnal solicitation. if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made. and thereafter is accepted as satisfactory to the City. It must comply with the tenns herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER -The signed or electronic submission of your solicitation response shall be considered an offer on the part ofth~ bidder/proposer; such otTer shall be deemed accepted upon issuance by the City of a purchase order. l.3. ACCEPTANCElREJEC'fION -The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re-issuance -on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who bas previously tailed to properly perfonn under the terms and conditions of a contract, to deliver on time con1:rads of a similar nature, and who is not in a position to perfonn the requirements defined in this formal solicitation. The City ftmher reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re-issue this formal solicitation. 1.4. ADDENDA -It is the bidder'slproposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at http://www.ci.miami.t1.uslprocurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED -The City may consider one (1) alternate response from the same BidderlProposer for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the BidderlProposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to fonnal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 1.6. ASSIGNMENT -Contractor agrees not to subcontract, assign. transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or·all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. A TIORNEY'S FEES -In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post-judgment Page 8 of37 18 Invitation for Bid (IFB) 391322,1 proceedings. l.I. AUDIT RIGHTS AND RECORDS RETENTION -The Successful BidderlProposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this fonnal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful BidderlProposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT SlATE-WIDE -Any Governmental, not-for-profit or quasi-governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goodsIservices, specified herein from the successful bidder(sVproposer(s) at the contract price{s) established herein, when permissible by federal, state, and loca1laws, rules, and regulations. Each Governmental, not-for-profit or quasi-governmental entity which uses this fonnal solicitation and resulting bid contraet or agreement will establish its own contract/agreement, place its own orders, issue its own pURlbase orders, be invoiced there ftom and make its own payments, detennine shipping tenns and issue its own exemption certificates as required by the successful bidder(sVproposer(s). 1.10. AWARD OF CONTRACT: A. The FonnaI Solicitation, Bidder'sIProposer's response, any addenda issued, and the purohase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contrad where there are TIe Bids will be decided by the Director ofPurcbasing or designee in the instance that Tie Bids can't be detc:nnined by applying Florida Statute 287.087, Preference to Businesses with Drug-Free Workplace Prognms. . C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications.·BidderlProposer shall be in default of its con1nCtUal obligation if such documents are not submitted in a timely manner and in the fonn required by the City. Where BidderlProposer is in default of these contractual requirements, the City. through action taken by the Purchasing Department, wiD void its acceptance of the Bidder'sIProposer's Response and may accept the Response from the next . lowest responsive. responsible Bidder or Proposal most advantageous to the City or re-solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from BidderlProposer and its bidlproposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's!Proposer's default. D. The tenn of the contract shall be specified in one of three documents which shaD be issued to the successful BiddcrlProposer. These documents may either be a purchase order, notice of award andIor contract award sheet. Eo The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calen~ days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contraet is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the BidderlProposer, in writing, ofits intent to extend the contract at the same price, tcnns and conditions for a specific number of days. Additional extensions over the first one hundred twenty (l20) day extension may occur, if, the City and the Successful BidderlPropos~r are in mutual agreement of such extensions. . F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of tile expressed or implied wammty periods. Page 9 of37 19 Invitation for Bid (IFB) 391322,1 G. The City reserves the right to award the contract on a split.order, lump sum or individual. item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract! Agreement may be awarded to the BidderlProposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best intereSts, and will be subject to approval as to legal furm by the City Attorney. 1.11. BID BONDI BID SECURITY -A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required ftom all bidders/proposers, if so indicated under the Special ConditioDS. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bidlproposed, if it is awarded to bidder/proposer. BidderlProposer shall forfeit bid deposit to the City should City award contract/agreement to BidderlProposer and BidderlProposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful biddersfproposers within ten (10) days after the award and succ:essfW bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the furmal solicitation closing date, and DO contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOpy FORMA 1) • All funns should be completed, signed and submitted accordingly. . 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES· Failure to execute an Agreement andlor file an acceptable Perfurmance Bond, when required, as provided herein, shall be just cause fur the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be conSidered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES· Ifaud wherever in the specifications brand names, makes, models, names of any manufiwturers, trade names. or bidderlproposer cataIog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, BidderslProposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after 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 solicitatioDS 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. CAPITAL EXPENDITURES -Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perfurm the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS· It is further expressly agreed that in no event shall the City be liable Page lO of 37 . 20 Invitation for Bid (IFB) 391322,1 for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractorlsub-consultant, or to any other person for, or on account of, any stoppages or delay iii the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION -BidderlProposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, finn or corporation submitting a response for the same items/services or with the City ofMianti's Purchasing Department or initiating department The BidderlProposer certifies that its response is fair, without control, collusion, fraud or other illegal action. BidderlProposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS -Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict ofinterest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinaitces as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which probibits discrimination against any employee, applicant, or client because of . race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. OccupatiOlla1, Safety and HeaJtb Act (OSHA), as applicable to thls Formal Solicitation. Co The State of Florida Statutes, Section 287. 133{3XA) on Public Entity Crimes. ]I). Environment Protection Agency (EPA), as applicable to thls Formal Solicitation. L Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. L City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment Lack of knowledge by the bidderlproposer will in no way be a cause for relief from responsibility. Non-compliance with all local. state, and federa1 directives, orders, and laws may be considered grounds for termination of contract{s). Copies oCthe City Ordinances may be obtained ftom the City Clerk's Office. 1.10. C~NE OF SILENCE -Pursuant to "Section 18-74 of the City of Miami Code, a "Cone ofSilencetl is imposed upon each RFP, RFQ .. RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IPBs (bids) between, among others: Page II of37 11 Invitation for Bid (IFB) 391322,1 Potential vendors, service providers, bidders, lobbyists or consultants and the City'S professional staffincluding, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedw-e already contained in the fonnal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visitsfmspections, pre-proposal or pre--bid conferences. oral presentations before selection/evaluation committees, contract negotiations during any duly noti~ public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically probibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in CoDllection with the collection of industry comments or·the performance of market research regarding a particular RFP, RFQ, RFLJ OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder. Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation oftbese provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summBIY of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.11. CONFIDENTIALITY -As a political subdivision, the City of Miami is subject to tbe Florida Sunshine Act and Public Records Law. Iftbis Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.l2. CONFLIer OF INTEREST -BidderslProposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief: no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Fonnal Solicitation. Any such interests on the part of the BidderlProposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more oftbe total assets of capital stock in your finn. A. BidderlProposer further agrees not to use or attempt to use any knowledge, property or resource which may be within bislherlits trust, or perform hislher/its duties, to secure a special privilege, benefit, or exemption for himselt7berselfTItself, or others. BidderlProposer may not disclose or use infonnation not available to members of the general public and gained by reason of bislher/its position, except for information relating exclusively to governmental practices, for bislberlits personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. BidderlProposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in. representation of any third party before any Page 12007 21 Invitation for Bid (IPB) 391322,1 board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that be/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission: (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the BidderlProposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. 1.13. COPYRIGHT OR PATENT RIGHTS -BiddcrslProposers warrant that there has been no violation of copyright or patent rights in manufacturing. producing, or se.lling the goods shipped or ordered and/or services provided as a result of this fonnal solicitation, and bidders/proposers agree to hold the City hannless from any and a1lliability,loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDERIPROPOSER -All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)lProposcr(s). 1.15. DEBARMENT AND SUSPENSIONS (See 18-107) Ca) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the ChiefProcuremem Officer and the city attorney, sball have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Con1nlcts. The debarment shall be for a period of not fewer than three years. The City Manager sbaIl also have the authority to suspend a Contractual Party from consideration for award of city Con1I'acts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend con1ractoJs shall be exercised in accordance with MgUlations which sbaII ~ issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debannent or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incid~ to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction amder state or fed~ statutes of embezzlement, theft, forgery, bn'bery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative ofnonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perfomi caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below: (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which Page 13 of37 23 Invitation for Bid (IPB) 391322,1 the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to th~ city . . (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party perfonning city Contracts. (e) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debanncnt and suspeDSion decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debannent or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARREDISUSPENDED VENDORS -An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perfonn worlc: as a contractor, supplier, subcontractor. or consultant under contract with any public entity, and may not transact business with any public entity. 1.17. DEFAULTIFAILURE TO PERFOIRM -The City shall be the sole judge ofnonperfonnance, which shall include any failure on the part of the successful BidderlProposer to accept the award. to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful BidderlProposer to meet any tenns of this agreement, the City will notify the BidderlProposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being tenninated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perfonn the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors. entities and personnel as identified and set forth, and to the degree . specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perfonn the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perfonn new work where prior work has been rcjected as nonconforming with the tenns of the Contract E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful BidderlProposer incapablc ofperfoiming the work in accordance with and as required by the Contract. F. Failure to comply with any of the tenns of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on Page 14 of37 24 Invitation for Bid (IFB) 391322,1 this Contract. 1.28. DETERMINATION OF RESPONSIVENESS -Each Response will be reviewed to detennine if it is responsive to the submission requirements outlined in the Fonnal Solicitation. A "responsive" response is one which follows the requirements of the fonnal solicitation, includes all documentation, is submitted in the fonnat outlined in the fonnal solicitation, is of timely submission, and has appropriate signatures as required on each document Failure to comply with these requirements may deem a Response non-responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount Prices offered in the response shall be ~xed after the award by the Commission, unless otherwise specified in the Special Tenns and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s}lProposer(s) during the tenn of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to BidderlProposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, eoors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Deparbnent. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instJuctions, clarifications, or other communications. A. Order of Precedence -Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following docwnents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31.IEMERGENCY I DISASTER PERFORMANCE -In the event of a hurricane or other emergency or disaster situation, the successful vendor sball ~vide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGIIlEEMENT -The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any wriUcn agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs. and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, ifany, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation "and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES -Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of detennining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES Page 15 of37 25 Invitation for Bid (IFB) 391322,1 A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) BidderlProposer fails to acknowledge receipt of addenda; 2) BidderlProposer mistates or conceals any material fact in the Response; 3) Response does not conform to the requirements of the Fonnal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; S) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder'sIProposeJ(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re-advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. a. Elimiaation From Considerrad:ion 1) A contract shall not be awarded to any person or fIrm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or fum which has been debarred by the City in accordance with the City's Debannent and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered ftom entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. BidderlProposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resoun:es. and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shaII be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as detennined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities ofa BidderlProposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)lProposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Fonnal Solicitation. 1.35. EXCEmONS TO GENERAL AND/OR SPECIAL CONDmONS OR SPECMCATIONS- Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (lFB) 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 tenns and conditions of the 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/proposer must be F .O.B. DESTINATION, inside delivel)', with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. Page 160f37 26 Invitation for Bid (IFB) 391322,1 1.37. FIRM PRICES -The bidder/proposer warrants that prices, tenns, and conditions quoted in its response will be finn througbout the duration of the contract unless otherwise specified in the Fonnal Solicitation. Such prices will remain finn for the period ofperfonnance or resulting purchase orders or contracts, which are to be perfonned or supplied .over a period of time. 1.38. FLORIDA MINIMUM WAGE· The Constitution of the State of Florida, Article X. Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply. with this Florida constitutional minimum wage requirement and pay its employees the cumnt established bourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPl· W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st At the time of responding, it is bieJder/proposer and his/her subcon1:rador(s), if applicable, fiill responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term .of tile contract. If impacted, bidderlproposer must fiunish employee name(s),job tit1e(s),jDb description(s}, and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's!proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices thIougbout the tam of contract and waiver of any contractua1 price increase request(s). 'IbeCity reserves the right to request and successful bidderlproposcr must provide for any and all information to make a wage and contractual price increase(s) determination. 1.3'. GOVERNING LAW AND VENUE • The validity aDd effect of this ContraCt shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami-Dade County, Florida. 1.40. HEADINGS AND TERMS • The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or aft'ecting in any way the expressed terms and provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACI' (lDPPA) -Any person or entity that perfunns or assists the City of Miami with a fiuiction or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) sball comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use .of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non-pennitted disclosures; C. Reporting to the City of Miami of any non-permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IDUlPHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and R. Making internal practices, books and records related to PIn available to the City of Miami for compliance audits. Page 17 of37 27 Invitation for Bid (IFB) 391322,1 PID shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidderl Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.41 INDEMNIFICATION -Contractor shall indemnify, hold harmless and defend the City, its officials, officers, agents. directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify. hold hannless and defend the City. its officials. officers, agents. directors and employees against, any civil actions, statutory or similu claims, iqjuries or damages arising or resulting ftom the pennitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand. Contractor shall, upon written notice from City. resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save humless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, S1IPPlemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contraccor. or persons employed or utilized by Contractor. This .indemnity win survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which confonns to the limitations of §72S.06 . and/or §72S.0B, F1L Statues, as amended ftom time to time as applicable. Contractor shall require aU Sub-Contnwtor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible fur any claims which may result from any actions or omissions of the Contractor in whicb the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability oftbe Contractor or Sub-Contractor, under this Agreement 1.43. FORMATION AND DESCRIPTIVE LITERATURE -BidderslProposer must furnish all information requested in the spaces provided in the Fonnal Solicitation. Further, as may be specified elsewhere, each BidderlProposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44. INSPEcnONS -The City may, at reasonable times during the term hereof. inspect Contractor's facilities'and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract confonn to the tenns and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (S~ction 18-79), as same may be amended or supplemented trom time to time. 1.45. INSPECTION OF RESPONSE -Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. BidlProposal results will be tabulated and may be furnished upon request via Page 18 of37 28 Invitation for Bid (lFB) 391322,1 fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.46. INSURANCE -Within ten (10) days after receipt of Notice of Award. the successful Contractor, shaI.1 furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance ofa Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time fiame but not in the manner prcsoribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor mils to subniit the required insurance docwnents in the manner prescn'bed in this Solicitation within fifteen· (IS) calendar days after receipt Notice of Award. the contractor shall be . in defiwlt of the contractual tenus and conditions and shall not be awarded the contract. Under such circumstances, the BidderlProposer may be prohIbited ftom submitting future responses to the City. Information regarding any insurance requirements shall be din:cted to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the BidderlProposer •. 1.47. INVOICES -Invoices shall contaIn purchase order number and details of goods and/or services· delivered (i.e. quantity, wUt price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.41. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non-local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintat'n a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non-local bidder, then that non-local bidder and each ofthc aforementioned responsive, responsible Ioca1 bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non-local bIdder. Contract award shall be made to the lowest responsive. responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between· a local bidder and a non-local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, ''the RFP, RFLJ or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency. and tbeChiefProcurement Officer, include a five (5%) percent evaluation criterion in mvor of proposers who maintaIn a local office, as defined in Section 18-73. In such cases, this five (S%) percent evaluation criterion in mvor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFAcruRER'S CERTIFICATION -The City reserves the right to request from bidders/proposers a seplll1lte Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may J'CSUlt in the rejection ofbidlproposaJ or termination of contract/agreement, for which the bidder/proposer must bear full liability • I.SO. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACI'S -No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through Page 19 of37 29 Invitation for Bid (IPB) 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 PARTNERSWP OR JOINT VENTURE -Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS -Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder'sIProposer's expense. These non-conforming items not delivered as per delivery date in the response andlor Purchase Order may result in bidderlproposer being found in defiwlt in which event any and all re-procurement costs may be charged against die defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINA nON -BidderlProposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marita1 status, or disability in connection with its performance under this funnal solicitation. Furthermore, BidderlProposer agrees that no otherwise qualified individual shall solely by reason of hisIher race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In coDDeCtion with the conduct of its business, including performance of services and employment of personnel, BidderlProposer ~l not discriminate against any person on the basis of race. color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACfI PIGGYBACK PROVISION -At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods andlor services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods andlor services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in coqjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purcbased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE -Any person, finn, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the BidderlProposer to supply the license to the City during the evaluation period, but prior to award. 1.56. ONE PROPOSAL -Only one (1) Response from an individual, firm, partnership, corporation or joint venture Page 20 of37 30 Invitation for Bid (IFB) 391322,1 will be considered in response to this Fonnal Solicitation. When submitting an alternate response, please refer to the herein condition for n Alternate Responses May Be Considered" . 1.57. OWNERSHIP OF DOCUMENTS -It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful BidderlProposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the BidderlProposer for any other purposes whatsoever without the m:ittcn consent of the City. 1.58. PARTIAL INV ~1TY -If any provision of this Contract or the application thereof to any person or cin:umstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shaU not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permiUec;l by law. 1.59. PERFORMANcE/pAYMENT BOND-A Contractor may be required to furnish a Perfol1l18llCelPayment Bond as part of the requirements oftbis Contract, in an amount equal to one hundred percent (100%) of the contract price. 1M. PREPARATION OF RESPONSES (HARDCOPY FORMAT) -BidderslProposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, ifrequired, sbalI be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder'sIProposer's risk. A. Each BidderlProposer shaI1 furnish the information required in the Formal Solicitation. The BidderlProposer shall sign the Response and print in ink or type the name of the BidderlProposer, address, and telephone number on the face page and on each continuation sheet thereof on which helshe makes an enby, as required. B. If so required, the unit price for each unit offered sbaIJ be shown, and such price shall include packaging, handling and shipping, and F .0.8. Miami delivery inside City premises unless otherwise specified. BidderlProposer shall include in the response all taxes, insurance. social security, workmen's compensation, and. any other benefits normally paid by the BidderlProposer to its employees. If applicable, a unit price sbaU be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. Co The BidderlProposer m~ state a definite time, if required, in calendar days for delivery of goods and/or services. D. The BidderlProposer should retain a copy of all response documents for future reference. E. All responses, as described. must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by bislher signature. BidslProposaIs having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder'sIProposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when BidderlProposer inubmitting its response in hardcopy fannat. Use of any other fonns will result in the rejection of the response. IF SUBMITIING HARDCOPy FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OlHERWISE SPECIFIED, AND ANY REQUIRED AITACHMENTS MUST BE RETURNED TO THE CITY Page 21 of37 31 Invitation for Bid (IPB) 391322,1 OR YOUR RESPONSE MAYBE DEEMED NON-RESPONSIVE. 1.61. PRICE ADJUSTMENTS -Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.61. PRODUcr SUBSTITUTES -In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.63. CONFLlCI' OF INTEREST. AND UNETHICAL BUSINESS PRAcrICE PROHlBmONS- Contractor reJnSCIIts and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, pm:entage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. PROMPf PAYMENT -BidderslProposers may otTer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. BidderslProposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being otTered, the BidderlProposer must enter zero (0) for the percentage discount to indicate DO discount If the BidderlProposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days. effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage. the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of tile contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts otTthe original prices quoted on the Price Sheet will·be accepted from successful bidders/prOposers during the tenn of the contract 1.65. PROPERTY -Property owned by the City ofMianii is the responsibility of the City of Miami. Such property furnished to a Contraetor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the ContJactor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the ContnIetor. In the event that such property is destroyed or declared a total loss, the Contractor shall be respOnsible for replacement value of the property at the current market value, less depreciation of the property, if any. l.66. PROVISIONS BINDING -Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBUC ENTITY CRIMES -A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods 9r services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under 8 contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section Page 22of37 32 Invitation for Bid (lFB) 391322,1 287.017, for CATEGORY lWO for a period of36 months from the date of being placed on the convicted vendor list U8. PUBLIC RECORDS -Contractor understands that the public shall have access, at all reasonable times, to all documents and infonnation pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, ~on 18, Article m. and agrees to allow access by the City and the public to all documents subject to disclosure under applitable law. Contractor shall additionally comply with the provisions of Section 119.0701,Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section'shaIl result in the immediate cancellation of this Contract by the City. 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT -All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bidlproposed must be of the latest make or model, of the best quality, and of the highest grade of wOOOnanship, unless as otherwise specified in this Solicitation. 1.70. QUALITY OF WORKISERVICES -The worklseMccs perfonned must be of the highest quality and wodtmanship. Ma1eriaIs furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. ' 1.71. REMEDIES PRIOR TO A W ARB (See. 18-106) -If prior to Contract award it is detennined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRAC'JI' DISPUTES (See. 18-10S) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City M.anager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shaD be invoked by a Contractual Party by submission of a protest to the ,City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial reliet: provided that the protesting party shall not be entitled to such judicial reliefwithout first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (See. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for pmchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. I.Protest of Solicitation. L Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file' a protest shall be filed with the Chief Proc:ur!:ment Officer within three days after the RequeSt for Proposals, Request for Qualifications or Request for Page 23 of37 33 Invitation for Bid (IFB) 391322,1 Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or 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 intent to file a protest shall be filed with the ChiefProcurernent Officer within three days after the solicitation is published in a newspaper of general circulation. A notic~ of intent to file a protest is COIISidered filed when received by the Chief Procurement Officer. 2. P.-otest 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 of the notice of the City Manager's recommendation for award of Contract. which will be posted on the City of Miami PurChasing Department website, in the Supplier Comer, CWTent Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If"various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. 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 Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice sbaIl be continued by the city by facsimile or electronic mail or U.S. mail, mum receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. . iii. A written protest based on any of the foregoing must be submitted to the CbiefProcurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the ChiefProcW'Cll1ent Officer. The written protest may not challenge the relative weight of the evaluation criteria or the fonuuIa for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the n=quired Filing Fee as provideCl in subsection (t). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. Page 240f37 34 Invitation for Bid (IFB) 391322,1 (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (t), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the Ci1y Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public hea1th, safety or welfare. (e) Costs. All costs accruing from a ~ shall be assumed by the protestor. (I,) Filing Fee. The written protest must be accompanied by a filing fee in the fonn of a money order or cashier's check payable to the ci1y in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the Ci1y Commission, as applicable, the filing fee sball be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74.. SAMPLES -Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. . 1.75. SELLING, TRANSFElUUNG OR ASSIGNING RESPONSIBILITIES -Contractor shall not sell, assign, transfer or subcontract at any time during the term of tile Contract, or any part ofits operations, or assign any portion of the perfonnance required by this contract. except under and by virtue of written pennission granted by the City through the proper officials, which may be withheld or conditioned, in the City's ~le discretion. 1.76. SERVICE AND WARRANTY -When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. BidderslProposer must explain on the Response to what extent wamnty and service facilities are available. A copy of tile manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS -The apparent silence of these specifications and any supplemental specification as to any detail or the omission' from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials offirst quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the baSis of this statement. If your finn has a cumnt contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; fiillure to comply with this request will result in disqualification of bid/proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES -Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy fonnat to the City Clerk, Cjty Hall, 3S00 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, Page 25 of37 35 Invitation for Bid (IFB) 391322,1 RFQ, or RFLI. NO EXCEPTIONS. BiddersJProposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of tile BidderlProposer. Hardcopy responses not submitted on the requisite Response Fonns may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non-responsive. Diredioos to City HaD: FROM THE NOR'IH: 1-95 SOUlH UNTO.. IT nJRNS INTO USI. USI SOUTII TO 271H A VB., TURN LEFf, PROCEED SOUlH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), 1URN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT mE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM mE SOU1H: USI NOR'IH TO 27111 A VENUE, TURN RIGHT, PROCBBD SOU1H TO SO. BAYSHORE DR. (3RD TRAFFIC UGHT), 'fl!RN LEFf, 1 BLOCK 1URN RIGHT ON PAN AMBRICAN DR. CITY HALL IS AT nIB END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. 'c. Failure to follow these procedures is cause for rejection of biellproposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility oCBidderlProposer. The City of Miami is not responsible for delays caused by the United States mail delivmy or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses wiD be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at. the City before the time and date set for closing of solicitation responses. All modifications must be submiUed via the Oracle System or in writing. Once a solicitation closes (closed date anellor time expires), the City wiD not consider any subsequent submission which alters the responses. H. Ifbardcopy responses are submiUed at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the infonnation previously stated in I.B2.A. 1.79. TAXES-The City of Miami is exempt from any taxes imposed by the State anellor Federal Government. Exemption certificates wiD be provided upon request. Notwithstanding, BidderslProposers should be aware of the fact that all materials and supplies which are purchased by the BidderlProposer for the completion oCthe contract is subject to the Florida State Sales Tax in accordance with Section 212.0B, Florida Statutes, as amended·and all amendments thereto and shall be paid solely by the BidderlProposer. I.SO. TERMINATION -The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: . A. The contractor is detennined by the City to be in breach of any of the tenns and conditions of the contract. Page 260f37 J6 Invitation for Bid (IFB) 391322,1 B. The City has detennined that such ~ination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate tUnds. 1.81. TERMS OF PAYMENf ~ Payment will be made by the City after the goods and/or services awarded to a BidderlProposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 4S days of receipt of an invoice and authorized ipspection and acceptance of the goods/serVices and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.8l. TIMELY DELIVERY ~ Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.83. TI'I'LE -Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipmerrt or used the goods, whichever coines first. 1.84. TRADE SECRETS EXECUTION TO PUBLIC RECORDS D!SC~ All Responses submitted to the City are subject to public discloSUi'e pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter I 19 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title IDlIIked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in co~ by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold hannless the City for any award to a plaintitTfor damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action cballenging your claim. 1.85. UNAUTHORIZED WORK OR DELiVERY OF GOODS-Neither the qualified Bidder(s)lProposer(s) nor any ofhislher employees shall perform any work or deliver any goods unless a change order or purchase order is issued and n:ccived by the Contractor. The qualified Bidder(s)lProposcr(s) shall not be paid for any work perfonned or goods delivered outside the scope of the contract or any work perfonned by an employee not otherwise previously authorized. 1.86. USE OF NAME -The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising. sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express wriUen permission of the City Manager or the City Commission. 1.87. V ARlADONS OF SPECIFICATIONS ~ For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight Ifvariations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 270f37 37 Invitation for Bid (IFB) 391322,1 1. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Document Management Software, Hardware, and Services, as specified herein, from a source( s) of supply that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: Yusbel Gonzalez; fax: (305) 400·5 I 04 or email: ygonzalez@ci.miami.f1.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Tuesday, December 24,2013 at S:OO PM. All responses to questions will be sent to all prospective bidderslproposers In the form on an addendlDll. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AF1ER SAID DEADLINE. 2.3. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with the option to extend for three (3) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right oCthe bidder. This prerogative will be exercised only when such continuation is clearly in the best interest oftbe City. 2.4. CONDmONS FOR RENEWAL Each renewal oftbis contract is subject to the following: (1) Continued satisfactory perfonnance compliance with the specifications. terms and conditions established herein. (2) Availability of funds 2.5. NON·APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any firm(s). 1.6. MEmOD OF AWARD Award of this contract will be made to the responsive and responsible bidder (s) who offer the highest percentage discount, per manufacturer brand, off the manufacturer's latest published price list or catalog. Bidders may bid on Page 28 of37 38 Invitation for Bid (IFB) 391322,] one or more items. BIPPER MUST SUBMIT THE MANUFACTUREB puBLISHED PRICE LIST OR CATALOG AT TIME OF BID. OTUERWISE BlDPER MAY BE DEEMED NON-RESPONSIVE 2.7. BIDDERS MINIMUM QUALIFICATIONS Bids will be coosidered only from firms that are regularly engaged in the business of providing goods andlor services as described in this Bid; that have a record ofperfonnance for a reasonable period of time; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the goods andlor services if awarded a Contract under the tenns and conditions herein stated. Bidder shall: (I) not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obUgation to the City, andlor has failed to perform faitbfuIJyon any previous contract with the City. (2) have no record of pending lawsuits or criminal activities, and have never been declared bankrupt. (3) Be registered with the Florida Department of State, Division of Corporations, to do business in the State of Florida. (www.sunbiz.org) BIIDDERS RESPONDING TO LINE ITEM # 1 OF TBIS IFB SHALL: (1) be a current Laserfiche Value Added Reseller (V AR) (2) currently have five (5) years (concurrently i.e. 2008 to 2013) ofLaserfiche experience (3) have successfully completed at least two (2) municipality-wide installations, in the State of Florida, along with support and maintenance of either Laserficbe United, Laserficbe RME, Laserfiche RIO, or Laserfiche Avante, involving process development for the fun anay of the municipality's departments. (4) have the ability to be onsite for support within twenty-four (24) hours for standard support and within four (4) hours for emergency sUpport. (5) offer customized Laserfiche services, such as are currently employed for autoinaled bulk-importation and automated GS I-SL Retention Scheduling. (6) offer development (integration) services to assist with (consult) or provide integration solutions such as Windows Communication Foundation (WCF) Services, Web Services or other integration points. (7) have experience with Florida State Records Retention Law and the GSI-SL retention schedule, which .the City of Miami is required to follow. BIDDERS RESPONDING m LINE ITEMS # 2, f#3,AND #4 OF THIS IFB SHALL: (I) be a Manufacturer OR ManufacturerlDistributor Authorized Resellerl Dealerl Service Provider of the product brands specified. FAILURE TO MEET THE ABOVE LUSTED MINIMUM QUALHFlCATHONSAT 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 ofa Blanket Release. At time of order, products provided to the City under this contract must be the latest approved model or version Page 29 of.37 39. 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 shan utilize Attachment A -Bid Price Sheet. to submit their bid prices. Attachment A is located under the HeaderlNotes and Attachments section of this solicitation in the OracI~iSupplier Sourcing System. FAILURE TO SUBMIT THIS FORM AT TIME OF BID SHALL DEEM BIDDER NON-RESPONSIVE. Bids shall be submitted on the basis ofa discount from a manufacturer's published price list(s) or catalog. Such published price list(s) or catalog must be common to and accepted by the industry in general. The lists or catalog must be properly identified with the manufacturer name, date CIf issuance, and effective date. Published pnee list or eataiog must be pro\'ided at the time or bid submittal in electronic fOllDat, either liS an .ttadiment in the header section of the bidder's electronic response l'ia tbe Oracle iSnppUer system OR in a CD or flasb drivelmemory drive if submitting III bllrdeopy bid response. With the exception of increases to the discount awarded, the percentage discount shall be fixed and finn for the term of the contract, including alI renewal options. Revised published price list(s) or catalog may be used as a means of fJlIlf8J. price adjustments. Revised published price Iist(s) or catalog will be accepted only in the event ofan industry-wide price change, as evidenced by the issuance ofrevised price lists or catalog by the manufacturer. Published price list or catalog submitted at time of bid sball remain valid fOr a period of one (1) ycar from the contract start date. At least thirty (30) calendar days prior to the end of the cutreIlt COIltract year, revised published price list(s) or catalog shall be subtiUtted to the Department of Procurement Revised prices will not become effective until the start of the new contract year. 2.10. BALANCE OF LINE While the City bas listed all major items on the bid solicitation, there may be ancillary services that fall within the scope oftbis contract that may be needed by the City during the teno of this contract For this reason, bidders are requested to quote the percentage discount that will be offered to the City fOr services such as, but no limited to: Setup services (per hour) Training services (per hour) Development (Integration) services (per hour) Customized Laserficlte services, such as are currently employed for automated bulk importation and automated OS I-SL Retention Scheduling (per hour) This discount shall be offered fOr gil servica listed in the bidder's published price list or catalog. The most recently published price list/catalog shall serve as the basis for establishing the price to be discounted. Bjdd,r Ih,Ulubmlt. at time of bjd. publhbed price tist/qtalog. or other yerifllble pricjgg source(U for the seryices offered uPder the .. lapce of Line. 2.11. FAILURE TO PERFORM Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in defiwlt of the contract or make appropriate reductions in the contract payment. Page 30of37 40 Invitation for Bid (IFB) 391322,1 2.12. INSURANCE REQUIREMENTS INDEMNIFICATION . Bidder shall pay on behalf of, indemnitY and save City and its officials hannless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of bidder's perfonnance under the provisions of the contract, including aU acts or omissions to act on the part of bidder, including any person perfonning under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless aun'butable to the negligence or misconduct of the Chy, and tiom and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. . The bidder shall1bmish to Chy of Miami, clo Procurement Department. 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, CertifiClde(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Commerdal Geaeral LiabUity: A. Limits ofLiabili1y Bodily Injury and Property Damage LiabDhy -Each Occurrence: $1.000.000 General Aggregate Limit $2.000.000 Personal and Adv. IJijury: $1.000.000 Products and Completed Operations: $1.000.000 B. Endorsements Required: . City of Miami included as an Additional insured. Contingen~ &; ContractuaJ Liability Premises and Operations Liability (2) BasiDess Automobile Liability A. Limits of Liability Bodily lJijwy and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non-Owned Autos Any One Accident $1.000.000 B. Endorsements Required: City of Miami included as an Additional Insured (3) Worker's CompeasatioD A. Limits of Liability: Statutory -State of Florida Waiver of Subrogation 48 Page 31 of37 Invitation for Bid (IPB) 391322,1 Employer's Liability A. Limits of Liability: $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily iqjury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit (4) Professional LiabilitylErrors and Omissions Covel1lge Combined Single Limit Each Claim S 1.000.000 General Aggregate Limit SI.oo0.ooo Retro Date Included The above poUeies shaD provide the City of Miami with written notice of CIIncellatioa or material ehaage from the iDsurer in aecordance to poliey provisioas. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. . All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A-" as to management, and no less than "Class V" as to financial strength, by the latest edition ofBesfs Insurance Guide, published by AM. Best Company, Oldwick, New Jersey. or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. NOlE: CI1Y BID NUMBER AND/OR TIlLE OF BID MUST APPEAR ON EACH CERTIFICAlE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. -If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum often (10) calendar days in advance of such expiration. -In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until sucb time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation for Bid. . (2) The City may, at its sole discretion, tenninate this contract for cause and seek re-procurement damages from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Bidder shall be re5PQosible for assuring that the insurance certificates required in conjunction with this SectiOn remain in force for the duration of the contractual period; including any and all option tenns that may be granted to the Bidder. . 2.13. METHOD OF PAYMENT Page 32 of37 42 Invitation for Bid (IPB) 391322,1 Full payment will be made upon receipt and acceptance of each contract item ordered via a Blanket Release. No down or partial down payments will be made. In addition, no payments :will be made for goods/services ordered and delivered without a Blanket Release. The City will pay the contract price minus any liquidated damages and/or other damages to theSuccessful Bidder upon final completion and acceptance. GoodsIservices provided without the prior issuance of Blanket Release shall be considered UNAUlHQRIZED. in accordance with General Terms and Conditions Section 1 ~8S of the lFB. 2.14. PACKING SLIPIDELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY The successful bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall be attacbed to the shipping carton(s) which contain the items and shall be made available to the City's authorized representative during deliVery. The packing slip or delivery ticket sball include, at a minimum, the foUowing information: purchase order number; date of order; a complete listing ofitems being delivered; and back-onler quantities and estimated delivery of back -orders if applicable. 2.15. RESPONSE TIME A tweJIty-four (24) hour response time is required for standard support and a four (4) bour response time is requhed for emerpncy support. Failure to respond to a service call within the specified -time may result in the contracted vendor being deemed in default of contract and possibly paying any and all costs associated with the services performed by an alternate vendor. 2.16. ADDmONIDELETION OF ITEMSlPRODUCfSlSERVICES Although this Solicitation identifies spciclfic items/products/services to be provided, it is bereby agreed and understood that any ~1ated itemlpmductsfservices may be addedIdeleted toIfi'om this contract at the option of the City. When an addition to the contract is required, the SuccesstW Bidder(s) under this contract, and other suppliers. as deemed necessary, shall be invited to submit price quotes for these new items/prodUcts/services. If these quotes ~ comparable with market prices offered f~r similar items/products/services, the supplier(s), if applicable, and item(s) shall be added to the contract. An amendment and updated Blanket Purchase Agreement shall be issued by the City. The newly added items/products shall be ordered via a Blanket Release I Purchase Order. l.I7. CONTRACI' ADMINISTRATOR Upon award, contractor shall report and work directly with Mr. Stuart Henry, who shall be designated as the Contract Administrator. l.I8. TIE BIDS Whenever two or more Bids wbich ~ equal with (eSpect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received ftom a business that certifies that is has implemented a drug-free workplace program sbaU be given p~ference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to Page 33 of37 43 Invitation for Bid (IFB) 391322,1 have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the uniawful manufacture, distribution. dispensing, possession. or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Infonn employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United states or any state, for a violation occurring in the workplace no later than five (5) clays after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, ifsucb is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effurt to continue to maintain a drug-free workplace through implementation of this section. 2.19. LIQUIDATED DAMAGES "" Bidder sbaII provide all items at the guaranteed delivery time specified by the City in the Delivery Section of this solicitation. If the successful bidder fails to deliver within the specified delivery time, it is understood that 1% of the unit price per calendar day per item will be deducted, as liquidated damages, for each day beyond the specified delivery time (not to exceed the total amount of the contract), not as a pena1ty but "as a form of compensation for the loss ofnot baving the ability to use the product. l.20. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECI'S The Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is specifically requested, supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, md fit for a particular purpose. In the event any of the materials/products supplied to the City by the Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the order and return such materials/products to the Bidder to replace the materia1s/products at the Bidder's expense. l.ll. W ARRANTI:' The su~essful bidder will be required to provide a standard warranty for the scanners provided under this contract. A copy of the Standard Warranty shall be included with the product at time "ofshipment. 2.22. REFERENCES Page34of37 44 Invitation for Bid (lFB) 391322,1 Each bidder ID.IIlt provide at least three (3) references in the Header I Attributes I Certifications Section of the Invitation for Bid. References must include the name of the company, dates of contract, description of goods supplied. a contact lJC1I1on, telephone number, and e~mail address. Failure to provide at least three (3) references may deem bidder non~responsive. 2.23. SPECIFICATION EXCEPflONS Specifications are based on the most current literature available. Bidder shall notifY the City of Miami Purchasing Department, in writing, no less than ten (10) days prior to solicitation closing date of any change in the manufacturers' specifications which conflict wjth the specifications. For hard copy bid submittals. bidders must explain any deviation fiom the specifications in writiDg as a footnote on the applicable specification page and enclose a copy of the manu&cturer's specifications data detailing the changed item{s) with hisIher submission. For electronic bid submittals. bidders must explain in the Header Section or by an Attachment and, if applicable, enclose a SCIIIUIOd copy of the manuficturer's specifications data detailing the changed item(s) with bisIher submission. AdditionaUy, bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of bidders to comply with these provisions will result in bidders being held respoDSlDle fur all costs required to bring the item(s) in compliance with contract specifications. 2.24. MAINTENANCE OF SCANNERS . Maintenance of scanners shall include all labor (including travel time) for the scanners installed under this bid. Bidder shall also maintain a twenty-fuur.(24) hour response time &om time of call. For emergency purposes only, a four (4) hour response time will be required. l.l5. TERMINATION A. FOR DEFAULT If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of defiwlt, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that it: (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination fur the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate' this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Contractor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable. only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.26. ADDmONAL TERMS AND CONDITIONS Page3S of37 45 Invitation for Bid (IFB) 391322,1 No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this . solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties. it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's!proposer's authorized signature affixed to the bidder's!proposer's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary. modify or alter the tenns or conditions of the PSA or Agreement, in the sole opinion and reas_le discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement 2.27. PRIMARY CLIENT (FIRST PRIORITY) The successful bidder(s)lproposer(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract successful bidder(s)/proposer(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacdng various areas during or approximately the same time. Page 36 of37 3. Specifications 3.1. SPECIFICATIONSISCOPE OF WORK BACKGROUND Invitation for Bid (IFB) 391322,1 The City of Miami CUl'I'eIltly utilizes Laserfiche as a document repository to store official copies with Iong-tenn retention. Departments using the system include Building, City Clerk. Mayor, Planning, Community Development, Public works, Public Facilities, Code enforcement, Zoning. Planning and Hlllnan Resources. The City's support for Laserfiche bas lapsed as of October 2011, due to the contracted provider losing value-added reseUer status with Laserfiche. mmNGsysTWB The City's Laserfiche system has remained at version 8.1.2 since October of 2011. Most Workstations are currently on Windows 7 -64 bit and the server is Windows Server 2003 32-bit. The City has 32 Laserfiche full licenses and 84 read licenses and the server runs Laserfiche United Version 8.1.2 32-bit The clients are Laserfiche 8.1.2.735 (and one case of7.21) on Windows 7 32-bit and Windows 7 64-bit PROIWCI'S AND RRYfCES NEEDED MSERFICBE: Undertbis contract, Bidder's shall provide the City with the following Laserfiche products and services: Laserfiche United Laserfiche A vante Lasertiche RIO Lasertiche Software Assurance Plan (LSAP) BasicLSAP Premium.LSAP Bidder shall also provide the City with setup se.-vjces, training services, and customized Laserfiche services, such as are cunart1y employed for automated bulk-importation and automated OS I-SL Retention Scheduling. The City will require development (integration) services to assist with (consult) or provide integration solutions such as Windows Communication Foundation (WCF) Services, Web Services or other integration points. SC4NNERS; Under this contract, Bidder's shall provide the City with Fujitsu and Contex scanners. In addition, Bidder shall provide for needed maintenance and service, accessories and software. 07'llRll SOFfW4RE: Under this contract, Bidder's shall provide the City with Kofax Software Products and Services. Page 37 of37 47 City Hall City of Miami 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 14-00460 Version: Master Report Resolution R-14-0215 Controlling Office of the City Body: Clerk Enactment Date: 6112114 Status: Passed TItle: A RESOLtmON OF TIlE MIAMI CITY COMMISSION ACCEPTING TIlE BIDS RECEIVED ON JANUARY 14,2014, PURSUANT TO INVITATION FOR BID NO. 391322, FROM MCCI, LLC., TIlE LOWEST RESPONSIVE AND RESPONSmLE BIDDER, FOR TIlE PURCHASE OF DOCUMENT MANAGEMENT SOFrWARE, HARDWARE, faND SERVICES, ON AN AS-NEEDED CONTRAClUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH OPTIONS TO RENEW FOR 11IREE (3) ADDmONAL ONE (1) YEAR PERIODS; AunJORlZING TIlE ALLOCATION OF FUNDS FROM TIlE VARIOUS SOURCES OF FUNDS OF TIlE USER DEPARTMENT. SUBJECT 1'0 TIlE AVAlLABD..lTY OF FUNDS AND BUDGETARY APPROVAL AT TIlE TIME OF NEED. Reference: Introduced: 516114 Name: Accept Bid -MCCI, LLC. Requester: Department of Infonnation Technology Notes: Sections: Indexes: Cost: Final Action: 6112114 Attachments: 14-00460 Summary Fonnpdf, 14-00460 Award Recommendation FOIm.pdf, 14-00460 Bid Tabulation Sheet.pdf, 14-00460 Invitation For Bid.pdf, 14-00460 Back-Up From Law Dept.pdf, 14-00460 Legislation.pdf Action History Ver. Acting Body Office of the City Attorney Date 6112114 ActIon Reviewed and Approved City Commission 6112114 ADOPTED This Matter was ADOPTED on the Consent Agenda. SantTo Due Date Returned Aye: 5 -Wiftedo (Willy) Gort, Marc David Sarnoff, Frank CarolJo, Francis Suarez and Keon Hardemon Result City of Miami Page 1 Printed on 7/1412014 48 Office of the Mayor 6/17/14 Office of the City Clerk 6/18/14 CityofMiuni Signed by the Mayor Signed and Attested by City Clerk PBge2 49 Office of the City Clerk Printed on 7/14nOl4 QIitt! :of 48f{iami CONTRACT A WAR D :Procurement 'Department FIRST RENEWAL IFBNO.: DESCRIPTION: TERM OF CONTRACT: CONTRACT PERIOD: RENEWAL PERIOD: COMMODITY CODE: ISECTlON#I-VENDORAWARD MCCI,LLC 1700 CapHaI Circle St/II Tallahassee, FL 32310 Contact Donny Barstow Phone: (BOO) 342-2633 Fax: (850) 701-0715 Email: dwb@mccimovaitons.com 391322(19) DOCUMENT MANAGEMENT SOFTWARE, 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 #2 -AWARDIBACKGROUND INFORMATIONJAPPUCABLE ORDINANCESINOTES C.C. AWARD DATE: JUNE 12,2014 AMENDED AMOUNT: NfA RESOLUTION NO: 14-0215 INSURANCE REQUIREMENTS: YES ANNUAL CONTRACT AMOUNT: NfA PERFORMANCE BOND: NfA APPLICABLE ORDINANCES: NfA Notes: Funds a1Joc:ated from the various sources of funds from the user departments and agencies, subject to availability of funds and budge1ary approval at the time of need. The contract has been renewed for the period of June 16, 2016 through June 15, 2017. ISECTION #3 -REQUESTING DEPARTMENT INFORMATION TECHNOLOGY Contract Administrator: Stuart Henry Phone: (305) 416-1566 ISECTION #4 -PROCURING AGENCY CITY OF MIAMI, PROCUREMENT DEPARTMENT Buyer: Pearl Bethel Phone: (305) 416-1949 Fax: (305) 416-1925 Prepared By: Max sagesse, 512712016 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE (SUPPliER INFORMATION SECTION OF OUR weBPAGE AT: www.mjamigov.com/orocurement Initial 50 ATTACHMENT B CONTRACT· FOR DOCUMENT MANAGEMENT SOFTWARE, HARDWARE & SERVICES ,CONTRACT PRICE & PROPOSAL Thomas F. Pepe-Ol-l1-16 Page50f5 51 mCCi ExperienceExcellence Municipal Code Corporation PO Box 2235 Ii) Tallahassee, Florida 32316 TELEPHONE (800) 342-2633 Q FAX (850) 564-7496 Logan Oi Uello, Senior Account Executive e extension 1725 III logan@mccinnovations.com November 11, 2016 Mr. Stephen Kulick Purchasing Manager 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Kulick: Thank you for speaking with me recently regarding Conversion and Indexing services for your records. We have enclosed a proposal per our conversation. If you have any questions concerning our proposal or desire additional information, please do not hesitate to contact me. We appreciate your interest and look forward to working with you. Sincerelv, Logan Di Liello Senior Account Executive SCOPE OF SERVICES AND PROJECT PRICING: City of Miami Contract Pricing -IFB NO: 391321 (19) The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic documents to be converted. PROJECT SCOPE -All estimates are based on information provided by the client . a General Description Document Size: Document Types: Document Count: Image Count: Images per Document: o Document Preparation: Current Storage Method: Condition of documents: 09 Image Processing & Indexing DPI&Color: Number of Index Fields: ~ Image Output Method of Delivery: Output Type: 6 Material Handling Shipping LogistiCS: Shipping & Delivery Terms: G Special Notes Up to 11"x17" Personnel Files Approximately 880 Approximately 176,440 Approximately 200/Document Normal prep, no re-prep & destruction 36-24" Cabinets, 4-36" Lateral Cabinets and 13 Banker Boxes Good Condition 300 DPI, Black & White Up to 3 Fields (Employee Name, Hire Date, Termination Date) Up to 1 Set per trip Laserfiche Briefcase MCCi PickUP 1 Shipment It Documents will be named by in/ormation detailed above on file tab It Client can provide excel Index for QA It All above are estimates, actual image counts may vary G Documents will be held/or 60 days after completion and then destroyed with written approval from Client G Digital media will not be converted e MCCi will provide remote system import ass;stance·(up to 3 hours) CI) Shipping for one pickup is included in project pricing r ! I 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 PAYMENT It BIWNG TERMS MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon receipt of an invoice. Quotation Sheet-Building Phin Scanning SCOPE OF SERVICES AND PROJECT PRICING: City of Miami Contract Pricing -IFB NO: 391322 (19) The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic docume~ts to be converted. PROJECT SCOPE -All estimates are based on information provided by the client o General Description Document Size: Document Types: Document/Roll/Fiche Count: Image Count: Images Per Document: G Document Preparation: Current Storage Method: Condition of documents: 0 Image Processing & IntJexing DPI & Color: Number of Index Fields: 0 Image Output Method of Delivery: Output Type: 0 Material Handling Shipping Logistics: Shipping & Delivery Terms: & Special Notes e .. €I .. Up to 42" Building Plans Approximately 100 Approximately 2500 Approximately 25 Rolls Good Condition 300 DPI, Black & White Up to 4 Fields (Project Name, Address, Parcel and Folio) Up to 1 Set per trip Laserfiche Briefcase MCCi Pick UP 1 Shipment Documents will be named by information found on the document and indexed from provided excel database Quoted pricing is dependent on excel database being used for indexing MeCi will schedule pickups of the records at an additional cost of $10/box, minimum $75 Documents will be held for 60 days after completion and then recycled with written approval from Client G Documents will be scanned as multipage documents G 3 hours of remote import assistance included PROJECT PRICING Building Plans -Conversion of Documents estimated cost Includes Mea service hours for Project Management, Remote Import Assistance and Paper Document Recycling Large Format @ $1.512/image PAYMENT" BIWNG TERMS MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon receipt of an invoice. Prices listed are per image/per job. If the project is broken up into multiple parts the volume pricing must be broken up as well. Quotation Sheet .. Ponce Department .. Internal Affairs SCOPE OF SERVICES AND PROJEg PRICING: City of Miami Contract Pricing-IFB NO: 391322 (19) The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic documents to be converted. . PROJECT SCOPE -All estimates are based on information provided by the client Q General Description Document Size: Document Types: Document Count: Image Count: Images Per Document: e Document Preparation: Upto 11"x17" Internal Affairs <;ases & Backgrounds Approximately 250 IA & 175 Backgrounds Approximately 41,400 IA & 17,600 Backgrounds (59,000 total) Approximately 16s/Document IA & l00/Document Backgrounds Normal prep, no re-prep Current Storage Method: 2 36"Lateral Cabinets, 12 Banker Boxes & 10 Accordion Files Good Condition Condition of documents: II Image Processing & Indexing DPI&Color: 300 DPI, Black & White Up to 1 Field (File#) Number of Index Fields: e Image Output Method of Delivery: Output Type: f) Material Handling Shipping Logistics: Up to 1 Set per trip Laserfiche Briefcase Shipping & Delivery Terms: MCCi PickUP 1 Shipment G Special Notes ell Documents will be named by file number on file tab GI Client can prollide excel index for QA G All abolle are estimates, actual image counts may lIary GI Documents will be held for 60 days after completion and then destroyed with written approllal from Client Ii) Digital Media conllersion Is not included in this scope Ii) MCCi will prollide remote system import assistance (up to 3 hours) Ii) 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 for Project Management, Paper Document Destruction Remote Import Assistance and Pick-Up as detailed In the notes above Regular Format: $.162/image Pricing listed in IFa NO: 391322 (19) are broken down to "Not to Exceed" rates. The rates are detailed below (can be referenced on page 53 of the awarded bid response document) and show a per Ima,e rate total lower than the to Exceed" rates In the contract. PAYMENT .. BlWNG TERMS MCa will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon receipt of an invoice. MCCI, a Umlted Uability 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 CRY Of SOUTH MIAMI, Fl, a corporation duly organized and existing under state law, hereinafter referred to as the Client, according to the following terms and conditions. . MOO DOCUMENT 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. CONSULTA11ON. A Consultation will be scheduled via a telephone conference after receipt of signed contract. This consultation Is designed to go over the following: the signed contract and terms, folder structure, current searching methods, document naming scheme, document preparation requirements, and document shipment and/or pick up. DOCUMENT PREPARATION. If you decide to send paper documents to MCCI, the process of document preparation begins with remOving any materials that may prohibit the document from being fed through the scanner (I.e. Removal of documents from file folders, Removal of staples, paperclips, tape, dips, etc) and Is described as Document Preparation. Upon completion of scanning, MeCI will organIZe the documents Into their orllinal order a~ received from the Client but not placed back Into their file folders or reprepped unless specifically stated otherwise In the project scope. DOCUMENT ORGANIZATION a INDEXING. Based on the scope of the project and outcome of your consultation, MCa will organize and Index your documents. Each project wHl have its own required organization and indexing requirements. Our project management team will work with the Client to Identify those requirements. Prior to project kickoff we will send the Client example template cards and file- tree structure for their approval. Or, if the Client already has existlnglaserflche template cards created for a specific document series, they can send us that template via Laserfiche Briefcase. DOCUMENT QUALITY CONTROL MCO 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. Mea cannot be accountable for records not reflected In original inventory report as provided by Client MCCi will correct only those valid discrepancies reported within 90 days after delivery of electronic data to Cient. DOCUMENT STORAGE. Mea's fadlltles contain secure rooms for hardcopy "work In progress" document storage. Mca wHl arrange for the retum of hardcopy documents to the dlent after completion of scanning. If documents reside at MCa fadlities for a period'longer than 90 days after converted electronic data Is delivered to dlent storage charges will apply. DATA STORAGE MCCi is not responsible for maintaining a copy of ClIent data, with the exception Qf Clients who contractually and on a recurring basis, utilize MCCi's Online Document Hosting Services. MCa periodically reviews and deletes dlent data from previous projects. The timing of the periodiC review and deletion of data Is at MCa's discretion. Mca recognizes that for records retention and security compliance, the Client may require MCO to delete copies of It's data prior to MCO'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 scan!)lng and Indexing needs. MICROFILM & FICHE CONVERSION SERVICES. MCCI'offers electronic conversion services for microfilm, microfiche, and aperture cards. The Client will provide MOO with data to be converted to electronic format. MeCI will extract the Images contained on the film/fiche and migrate them to Laserflche or to another Industry standard format as requested by the aient The Images will be captured based upon the reduction ratio and threshold between the beginning and ending of new Images on the original film. MCClls not responsible for the accuracy of existing image quality, such as black borders, skewed Images, blurry Images, non-legible images, or other errors that are not controllable by Mea. Unless otherwise specified in the project scope, MCel will Index by the roll/card number or unique Identifier. LASERFICHE SEARat ENGINE MEDIA. If Induded in the Scope of Services, MCCI will integrate the documents with the LaserFiche Software to provide the Client with the most powerful Index retrieval search engine available with the following features: intuitive browse window, index cards, and full text word search. MCCI will provide the Client with the appropriate media containing all documents scanned and Integrated with Laserflche. ONUNE 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 count. All documents on the site are Integrated with a search engine, and updates are Incorporated as the database is amended. PROJEa TIMELINE. MCCI will complete and deliver the project within the predetermined project tlme/ine as agreed upon with the Client. Should Meel require additional time, the Client will be notified immediately. DOCUMENT TRANSPORTATION. The client 15 required to package all materials per MCei's instruction prior to delivery of materials to MCCi facilities. If the client chooses to utilize MCCi's pick up and delivery service (offered in select states), pricing Is based on picking up the entire project described In the scope of services in one shipment. At the time of updating or if additional trips are required due to the Client not having all the documents ready for pick up, additional charges will be applied. If the client chooses to ship via a certified carrier, the client Incurs all shipping costs. PRlDNG. Charges applv on a per project basis and are dependent upon size and volume of documents. Mcei requires having the entire project in bulk, rather than in small quantities. Breaking the project into smaller quantities will affect the volume priclng, and additional charges per image may apply. A sample may be required prior to confinmlng large volume job priCing. UNAN11ClPATED DOCUMENT TYPES & SIZES. The prices quoted are made with the expectation that customer will properly prepare and annotate materials for scanning bureau use and that documents are consistent with the description provided in the scope of services. If documents are not as initially represented, additional charges will apply. MCa will call for authorization to proceed with the project. LASERFlCHE SYSTEM CUSTOMERS. Due to requirements by l.aserfiche systems regarding the importing of Images and indeKing information, it Is highly recommended that Clients who already have a Laserfiche system have their documents scanned using only Laserfiche software. This will ensure that all assoclated indexing Infonmatlon will be properly retained after the importing of Images into the Laserfiche system. MCa has knowledge of the software versions, indexing requirements, and compatibility issues for each of our Laserfiche system clients. For these reasons, MOO should be considered as a Sole Source provider for scanning services. Additionally, Laserfiche System Oients are required to supply MCCi with a Laserfiche Briefcase of their current folder/template structure, prior to each scanning project / updates to eKisting projects. Mea CERTlRED PARTNERS. MCCi maintains partnerships for the purpose of additional capacity and f1eKibllity in meeting dlent expectations. In the event partners are used for a project, the management and support of the project is handled directly by MOO. AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS. MCCl agrees to allow any other Government agency to purchase items at the same terms, conditions and pricing as this contract during the period of time that this contract is in effect. Minor changes in terms and conditions may be negotiated by MeCi and participating Government agencies. Any orders Issued against this agreement shall be the sole responsibility of the Government agency placing the order. It Is understood that the Client shall incur no financlal responsibility in connection with any purchase by another Government agency. TERMINATION. The services provided in this agreement will be in full force and effect for a period of three (3) years from the date of shipment of the completed product to the organization. Thereafter, this agreement will be automatically renewed from year to year, provided that either party may alter orcancel the tenms of this agreement upon sixty (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 RNANCIAL SOLVENCY/BANKRUPTCY. MCa may require payment in advance for products and services in response to learning of financial solvency or bankruptcy issues. UMrTED UABIUTY. In no event shall MCCI's total liability to the client exceed the project fees paid to MeCI by the client. PAYMENT a BIWNG TERMS. MCO will invoice project on a monthly schedule, based on deliverables (via ElectroniC media or the internet). Payment is due upon receipt of an invoice. MARKETING & REFERENCES Client agrees to allow MCCi to publish and publicize testimonials and case study information pertaining to MCCi's work with the Client. This Infonmatlon, including the Client's organization name, logo, and contact infonmation will be used in all media types . The terms of this agreement shall remain In force and effect for a period of ninety (90) days from the date appearing below, unless accepted by the Client. Submitted by: MCCI, a Limited Liability Company Date: November 11, 2016 By: (Slsnature) Donny Barstow-President (Printed Name & rrtle) Noted Items Accepted by: em OF SOUTH MIAMI, FL Date: By: (Sisnature) (Printed Name & Title) Government Notllllto=Exc:eed Scanning Prici .e;-- 59 !i j i :j 'I ,I Ii :1 j .. :i 1 I , 60 IFB NO.: QJi~tI of 4'llthttni CON T R ACT AWARD Procurement 7Jeparl:me'nt SECOND RENEWAL 391322(19) DESCRIPTION: DOCUMENT MANAGEMENT SOFTWARE, HARDWARE AND SERVICES TERM OF CONTRACT: TWO (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 -VENDOR AWARD MCCI, LLC ,;;,:;~,:;:.i~:::;;~::):;C'i;'i;'>.! "'.,',3':Ci;i::':T," 1700 Capital Circle Sw,,!~,.::i;:; ;:1' ", "::''L"}:S'lI"" Tallahassee, FL"32310 )' ,1" :<' 1.'\ <~q.h\!-i;< Contact: Donny Barstow,:<: 'J':" " :.1 ,,::'l.: "',i",:;, ' h ''')' 'j" Phone: (800) 342-2633 i"~:-'; f1' ,,': " ' ';!, , '\:i,)"\, ~:~II: d=~~~;2ai~~sCo.~ ,.;:;f0.i·!if'ii:+:,':."c: : ';. .':"1 ISECTION #2 -AWARD/BACKGROUNDINFORMArioNiApPLICABLE ORDINANCES/NOTES '" C.C. AWARD DATE:" II RESOLUTION Nb:d :! ANNUAL CONTAAq AMOUNT: 1'/' . 1,1:' :.,: ,: 1 '; ;.;': 1:' .. 7 ,1::. ,L .. '>li:,I';-':i.:',' ~\: :',;1,.::· \' !:~; ;i' '. I; .>. . '11" ~ 1:: ;~f . JU,f',IE!12.,:201.4';.i:,;;·'",!, i,A.,M~NDED AMOUNT:, ii, ,[I 14~0215 [",', INSllRANCE REQUIREMENTS: N/A'i PERFORMANCE' BONC)[ '! :.,1 : i " .: I' "APPLICABLE ORDINANCES: Notes: SECOND R~NEWAL: JUNE 16, 2017 TMRQ,UGH JUNE 15, 2018 I SECTION #3 -REQUESTING DEPARTMENT DEPARTMENT OF INFORMATIONTECHNOLOGY Contract Administrator: DeJ;lise RodrigU\3z Phone: (305)416-1659 " .. Y:',;:',: \:: ISECTION #4 -PROCURING AGENCY'·,::: .. CITY OF MIAMI, PROCUREMENT DEPARTMENT Buyer: Tahlia Gray Phone: (305) 416-1912 Fax: (305) 400-5019 Prepared By: Aimee Gandarilla, 5/16/17 .. . '. '. . t· !,' r,' ,I A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINEO HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: WWN.miamigov.com/procurement N/A YES N/A N/A .... DIV~lrnment Not-to-Exceed Scanning Prici 59 60