Loading...
20-184-05 Microsoft Corporation Executed Agreement Revised 12-18-2020CONTRACT NO. 20-184-05 Procurement Department, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov, 305-673-7490 SENT VIE E-MAIL TO: jureynal@microsoft.com July 6, 2020 Justin Reynaldo Microsoft Corporation 19575 Biscayne Blvd. Aventura, FL 33180 Phone: 305-975-4102 RE: NOTICE OF AWARD OF CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2020-184-DF POOL OF PREQUALIFIED MICROSOFT AUTHORIZED RESSELLERS Dear Mr. Reynaldo: Microsoft Corporation, C a bid in response to the above-referenced ITB. The ITB stipulates, pursuant to Section 0200, Sub- Mayor and City Commission shall constitute a binding Contract between the City and the contractor. Accordingly, this letter shall serve as official notice from the City that the Mayor and Commission at its June 24, 2020 meeting, mendation pursuant to the ITB to establish a pool of prequalified Microsoft authorized resellers for future Microsoft product purchases. It is important to note that work must be awarded pursuant to the roadmap established in Section 6 of the ITB. Further, no goods may be shipped, or services performed (as applicable) until such time as the City has issued a Purchase Order. If you have any questions regarding this letter of notification of award, you may contact Valerie Velez, Contract Analyst, Procurement Department, at ValerieVelez@miamibeachfl.gov or at 305.673.7490. Otherwise, all other questions should be addressed to the Contract Manager for this contract, Frank Quintana, Information Technology Department, at FrankQuintana@miamibeachfl.gov or (305) 673-7000 ext. 26150. Thank you, Alex Denis Director Procurement Department AD/ME/AG ATTACHMENT A RESOLUTION & COMMISSION AWARD MEMO Coversheet https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=17671&MeetingID=770[7/6/2020 9:47:08 PM] Resolutions - C7 I COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: June 24, 2020 SUBJECT: COMMISSION. RECOMMENDATION BACKGROUND/HISTORY . ANALYSIS FINANCIAL INFORMATION CONCLUSION Coversheet https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=17671&MeetingID=770[7/6/2020 9:47:08 PM] Applicable Area Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds? No No Strategic Connection Legislative Tracking ATTACHMENTS: Description Resolution ATTACHMENT A QUALIFIED PER ITB REQUIREMENTS Mvation Worldwide Inc. Pc Network Solutions Thomas Consultants, Inc. Microsoft AUTHORIZED MICROSOFT SURFACE RESELLERS HPI International Inc Insight Public Sector, Inc. IT DEVICES ONLINE, INC. ACP Technologies ATTACHMENT B ADDENDA AND ITB SOLICITATION PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov 1 ADDENDUM NO. 1 INVITATION TO BID NO. 2020-184-DF PREQUALIFICATION POOL OF AUTHORIZED MICROSOFT SURFACE RESELLERS ADDENDUM NO. 1 INVITATION TO BID NO. 2020-184-DF PREQUALIFICATION POOL OF AUTHORIZED MICROSOFT SURFACE RESELLERS July 6, 2020 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. RESPONSES TO QUESTIONS RECEIVED. Q1: “18. PATENTS & ROYALTIES.Bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the Bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.” a) SHI is not the OEM of the products we’re bidding on, the owner of that IP, or have access to the IP, processes used to manufacture the products in order to be able to defend a claim. We would flow down any indemnity clause allowable by Microsoft as the reseller. b) Additionally, if we’re awarded and have a contract vehicle with the City, would they allow inclusion of a limitation of liability clause? We’d be willing to use the State’s standard clause from the PUR1000. A1: THE DEADLINE FOR QUESTIONS HAS PASSED AND NO FURTHER QUESTIONS WILL BE CONSIDERED. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk’s Office at RafaelGranado@miamibeachfl.gov. Contact: Jason Crouch Telephone: 305-673-7000 ext. 26694 Email: JasonCrouch@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the “Notice to Prospective Bidders” questionnaire with the reason(s) for not submitting a proposal. Sincerely, Alex Denis Procurement Director TABLE OF CONTENTS SECTIONS: 0100 GENERAL INFORMATION & SCOPE OF WORK APPENDICES: APPENDIX A APPLICATION INSTRUCTIONS APPENDIX B SPECIAL CONDITIONS DEFINITIONS: Bidder means any firm or individual submitting an application in response to this ITB. The term bidder may be used interchangeably with applicant and proposer. Vendor means any firm or individual that has been pre-qualified to supply goods or services to the City. SECTION 0100: GENERAL INFORMATION & SCOPE OF WORK 1. PURPOSE. The City of Miami Beach is seeking applications from authorized Microsoft Corporation (“Microsoft”) resellers who wish to participate in a pre-qualification pool that will be used to solicit future Microsoft product purchases, including, but not limited to, Microsoft Surface products on an “as needed” basis as specified herein. Interested vendors may submit an application indicating its intent to become prequalified. All vendors which meet or exceed the criteria established in this solicitation shall be placed on a pre-qualification list that may be accessed by the Information Technology Department to obtain price quotations for Microsoft hardware related products. The City utilizes BidSync (www.bidsync.com) for automatic notification of solicitation opportunities and document fulfillment. Any prospective bidder who has received this ITB by any means other than through BidSync is solely responsible for registering immediately with BidSync to assure it receives any addendum issued to this ITB. Additionally, prior to submittal of the bid, bidder shall verify that it has received and complied with all addenda issued. Failure to receive an addendum, or comply with an addendum requirement, may result in disqualification of bid submitted. To be considered for the pool of pre-qualified contractors, interested parties must submit a complete Bidder Pre-Qualification Application (submitted electronically via BidSync). 2. OVERVIEW OF PREQUALIFICATION PROCESS. The figure below is a general overview of the process that the City will utilize to award work pursuant to the prequalification process. 3. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below. The Bid title/number shall be referenced on all correspondence. Procurement Contact:Telephone:Email: Jason Crouch 305-673-7000 x26694 jasoncrouch@miamibeachfl.gov The City Clerk is to be copied on all communications via e-mail at: RafaelGranado@miamibeachfl.gov; or via facsimile: 786-394-4188. 4. APPROVAL OF PREQUALIFIED STATUS.Following the review of applications, the responsive, responsible bidder(s) meeting all terms and conditions of the ITB will be recommended for award, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager’s recommendation(s) and, may approve or reject the City Manager’s recommendation(s). The City Commission may also reject all bids received. In addition to the criteria established in the application, pursuant to Section 2-369 of the City Code, the City may consider the following: The ability, capacity and skill of the bidder to perform the Contract. Whether the bidder can perform the Contract within the time specified, without delay or interference. The character, integrity, reputation, judgment, experience and efficiency of the bidder. The quality of performance of previous contracts. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. PREQUALIFIED STATUS IS VALID FOR THREE (3) YEARS FROM DATE OF THE NOTICE OF PREQUALIFICATION ISSUED BY THE CITY, OR AS OTHERWISE APPROVED BY THE CITY MANAGER. 4.1 RENEWAL TERMS. The City Manager, at his sole discretion, may approve up to two (2), one (1) year renewal terms, providing that the required certification is still valid. 5. ADDITIONAL PREQUALIFIED FIRMS TO BE ADDED TO POOL.At any time, the City, through the approval of the City Manager, may accept applications and add additional firms to the list of prequalified firms. 6. AWARDING WORK. When the need for goods arises, all prequalified Microsoft resellers that are in good standing may be invited to submit quotes based on an Invitation to Quote (ITQ) issued by the City. Each quote prepared by the prequalified Microsoft seller(s) in response to an ITQ must mirror the quantities and specifications requested, as determined within the ITQ. The City will select the lowest priced, responsive and responsible prequalified Microsoft reseller. 7. SERVICE DELIVERY EXPECTATIONS.The City places an emphasis on excellent customer service delivery and expects the prequalified bidder to provide the best possible customer service to any and all awarded projects throughout the term of the contract. The prequalified bidder’s account manager is responsible for monitoring the customer service provided to City by prequalified bidder’s staff, sales and support teams, and employing, as necessary, corrective measures, to ensure that the prequalified bidder will provide and maintain the highest quality of customer service possible during completion of the project(s). Project-specific deliverables and expectations shall be defined on a project-by-project basis, as specified in each ITQ. 8. VOLUME OF WORK TO BE RECEIVED BY BIDDER. No promise of work is given, or should be understood, as a result of a pre-qualification. The City reserves the right to purchase any goods and/or services awarded from any resulting agreement, or another governmental contract, or on an as- needed basis through the City’s spot market purchase provisions. 9. STANDARD TERMS AND CONDITIONS. The City’s Standard Terms and Conditions for Service Contracts (available at https://www.miamibeachfl.gov/city-hall/procurement/standard-terms- and-conditions/) are referenced and incorporated herein. 10. INSURANCE REQUIREMENT. Insurance requirements will be released as part of an addendum. 11. BINDING AGREEMENT. By virtue of submitting an application for the City’s consideration, the bidder agrees that the application shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval of bidder’s prequalification status by City Manageror City Commission. Further, bidder agrees that, upon approval of the bidder’s application by the City Manager or City Commission, a binding Agreement shall be established between the City and the approved contractor. The Agreement shall be comprised of the following documents, and in the following order: First, the Purchase Order issued by the City; then, Second, the signed Contractor Service Order; then, Third, the Invitation to Quote (ITQ) awarded to the vendor; then, Fourth the ITB, including all documents released in connection with the ITB, including all appendixes, whether included herein or released under separate cover. In case of default on the part of the Successful Bidder, after said award, the City may take such action as it deems appropriate, including legal action, for damages or specific performance. APPENDIX A ________________________________________________________________________ Prequalification Application Instructions ________________________________________________________________________ ITB 2020-184-DF Prequalification Pool of Authorized Microsoft Surface Resellers PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Prequalification Application Instructions Section 1. ELECTRONIC RESPONSES (ONLY). Electronic responses shall only be considered for this ITB and are to be submitted through BidSync until the date and time as indicated in this document. It is the sole responsibility of the Bidder to ensure its application reaches BidSync before the Solicitation closing date and time. There is no cost to the Bidder to submit an application in response to a City of Miami Beach solicitation via BidSync. Electronic application submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files (proposal format indicated below). All applications received and time stamped through BidSync, prior to the submittal deadline shall be accepted as timely submitted. Applications will be opened promptly at the time and date specified. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. Section 2. SUBMITTAL INSTRUCTIONS. The Prequalification Application will not be considered until it has been electronically submitted completed and executed by a principal of the bidder. Incomplete applications cannot processed. If requested information is not applicable, please indicate ''N/A'' or ''None. '' If answers to questions are lengthier than the spaces that are provided in the application, the answers may be provided on additional pages, which must be attached to the electronic application. All requested documents must also be attached to the electronic application submittal via the “Line Items” tab in BidSync. Failure to attach all requested documents will delay review and approval of the application. The City reserves the right to request clarifications or additional information as deemed necessary to evaluate a bidder’s qualifications. When clarifications or additional information is requested by the City, bidder will have three (3) business days to provide, in full, all the requested information. Failure to provide the information within the prescribed time will delay the review process and may result in denial of prequalification. Section 3. DEADLINE FOR SUBMITTAL. There is no deadline for the submittal of applications. However, the initial review of applications shall take place 21 days after issuance of this ITB. Applications submitted after this date will be reviewed periodically on an on-going basis. The City will endeavor to complete the review of each application within 60 days of receipt. Section 4. MINIMUM ELIGIBILITY REQUIREMENTS.The Minimum Eligibility Requirements for this solicitation are listed below. Bidders that fail to comply with minimum requirements shall be deemed non- responsive and shall not have its bid submittal considered. 1. Bidders must be an authorized Microsoft reseller at the time of bid submission. Section 5. NON-RESPONSIVENESS Failure to submit the following requirements shall result in a determination of non-responsiveness. Non-responsive applications will not be considered. 1. Prequalification Application (submitted electronically). APPENDIX A ________________________________________________________________________ Special Conditions ________________________________________________________________________ ITB 2020-184-DF Prequalification Pool of Authorized Microsoft Surface Resellers PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 SPECIAL CONDITIONS. 1. LICENSE/CERTIFICATION. Prospective bidder shall hold the adequate license or certification to provide authorized Microsoft products. 2. METHOD OF PAYMENT. In order for the City to provide payment, the awarded authorized Microsoft reseller shall submit a fully documented invoice within thirty (30) calendar days after delivery has been made. It shall be understood that such invoices shall not be submitted for payment until such time as a City representative has inspected and received all goods related to its specific project. 3. VERSION. Purchase orders are to be deemed to reference Microsoft’s most recently released version of the hardware/software at time of order, unless an earlier version is specifically requested in writing by the City and the awarded bidder(s) is willing to provide such version. Further, the awarded bidder(s) shall provide all related software updates for the life of the product. 4. PRODUCT VARIATIONS/CUSTOM ORDERS. New variations, substitutions, including custom orders of existing software licenses, maintenance and services awarded under the Contract will be considered by the City if it is in the best interest of the City. All modifications and special requests must receive prior written approval from the City before execution of the purchase. Proposed changes are not to compromise the integrity of the software licenses, maintenance or services performance. 5. FALSE CLAIMS ACT. All goods and services purchased under this contract shall be in accordance with all Federal standards, to include, but not limited to, the False Claims Act (FCA), 31 U.S.C. §§ 3729 - 3733 and shall apply to Microsoft and all awarded bidder(s), and any and all applicable distribution stakeholders. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] ATTACHMENT C SUNBIZ & PROPOSAL RESPONSE TO ITB